USES ALLOWED IN SEVERAL ZONES
a. Purpose and Intent. The provisions codified in this article provide for certain temporary and intermittent uses. They establish standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations.
In approving a temporary or an intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures and site planning, in addition to performance standards specified below. The Director shall determine the extent to which any permanent on-site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in subsection (c) of this section.
The Director may refer any proposed temporary or intermittent use to an administrative hearing or to the Planning Commission for action.
b. Definitions. A temporary use is one which is established at a particular location for less than one (1) year. An intermittent use is one which occurs no more than ninety (90) days in a (calendar) year, but which may continue from year to year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g., parking lot sales, benefits and special events. Temporary and intermittent uses are not intended to serve the primary purpose of allowing flexibility from sign regulations or other City codes.
c. Specific Cases.
1. Real Estate Sales Offices in Residential Tracts. A temporary real estate sales office may be established in a residential development for the initial sale of property in that development, upon written approval by the Director. Such an office may be located within a residence or a common or temporary building. If a temporary building is used, it shall be removed upon termination of the use.
2. Portable Buildings Used for Construction Offices.
(a) Temporary Office. A zoning permit is required to allow a mobile home to be used as a temporary office at a construction site when associated with an active building permit. Said zoning permit shall not be valid for more than six (6) months and shall be subject to any conditions deemed necessary to protect the health, safety and general welfare of the public. The mobile home must be properly connected to municipal utilities or have other safe means of waste/water disposal. Upon written request received prior to expiration, the use may be continued for six (6) month periods, not to exceed a total of eighteen (18) months, by the Director.
(b) Temporary On-Site Caretaker/Resident Guard for a Construction Site. A zoning permit is required to allow a mobile home to be used as a temporary on-site caretaker/resident guard when associated with an active building permit. Said zoning permit shall not be valid for more than six (6) months and shall be subject to any conditions deemed necessary to protect the health, safety and general welfare of the public. The mobile home must be properly connected to municipal utilities or have other safe means of waste/water disposal. Upon written request received prior to expiration, the use may be continued for six (6) month periods, not to exceed a total of eighteen (18) months, by the Director.
3. Temporary Use of a Recreational Vehicle (RV), Travel Trailer, Camper or Similar Vehicle.
(a) Temporary use of a recreational vehicle, travel trailer and/or similar vehicle may be lawfully operated in a mobile home park, travel trailer park, recreational vehicle park or campground.
(b) Parking of vehicles for purposes of overnight camping or sleeping within City streets, areas of the public right-of-way and City-owned parking areas, is prohibited unless otherwise specifically allowed in this code, such as safe parking provisions of Section 18-19.350.
(c) Temporary Dwelling During the Construction of Primary Residence. A zoning permit is required to allow one (1) travel trailer, recreational vehicle, truck camper or similar vehicle to be used as a temporary dwelling in six (6) month intervals, not to exceed a total of eighteen (18) months when associated with an active building permit to construct a single-family dwelling. Said temporary use shall adhere to the following conditions:
(1) Shall be placed on the lot where the residence will be constructed.
(2) Shall be placed where it will not interfere with development of the parcel.
(3) Shall not be placed with the public right-of-way, within easements and/or block emergency access.
(4) Property owner shall secure and maintain an active building permit to construct a single-family dwelling(s) and complete the construction in a timely manner. If the building permit expires and/or the applicant fails to make building progress, including passing inspections, the zoning permit shall become null and void and the temporary dwelling shall be removed from the site.
(5) The temporary dwelling shall be connected to the sanitary sewer/water system, or a well or be self-contained. If self-contained, the unit must have a contract with a disposal agency to service the unit on a regular basis. A copy of the agreement must be provided to City representatives upon request.
(6) Upon securing temporary occupancy and/or final inspection, the recreational vehicle, travel trailer, truck camper or similar vehicle shall be disconnected from all utilities and stored on site as accessory to the primary established use and/or stored off site at an appropriate storage facility.
(7) The City may require and/or impose additional requirements as necessary, including revoking the zoning permit if found in violation of City Municipal Code Standards.
(d) Recreational Vehicle as a Guest Residence. A zoning permit may allow a recreational vehicle to be parked in a residential parking space and/or driveway of a parcel with an established residential dwelling for a period not to exceed seven (7) days, for the purpose of housing guests. Said temporary use shall adhere to the following conditions:
(1) The temporary guest recreational vehicle shall not be parked to prevent residents of any dwellings on the site from using their assigned parking spaces.
(2) The temporary guest recreational vehicle shall not be placed with the public right-of-way, within easements and/or block emergency access.
(3) The temporary guest recreational vehicle shall not discharge waste or sewage into the sanitary sewage system.
(4) No hose, electrical cord, pipe, wire, or other device extending from the vehicle may be permitted to encroach on any access easement or sidewalk.
(5) Upon expiration of the zoning permit (seven (7) days from date of issuance), the temporary guest recreational vehicle shall be removed and stored in compliance with all applicable codes and requirements.
(6) The City may require and/or impose additional requirements as necessary, including revoking the zoning permit if found in violation of City Municipal Code Standards.
(e) Vacant/Undeveloped Parcels. No recreational vehicle, motorhomes, travel trailers, camper shells, automobiles, or similar vehicles and equipment shall be placed, stored and/or used for living or sleeping quarters on undeveloped/vacant parcels, except in subsection (c)(3)(c) or (c)(3)(d) of this section.
4. Construction Activities. Construction and demolition, including fabrication of building components and other activities normally associated with property development and maintenance, may be conducted in any zone, provided they are pursued according to plans and procedures approved by the Building Official.
5. Parades, Carnivals, Fairs and Festivals. Use of privately owned property for parades, carnivals, fairs and festivals requires approval of an administrative use permit. Where these events involve public property, coordination with the City Clerk’s office is required.
6. Other Temporary or Intermittent Uses. Upon approval of a zoning permit or administrative use permit, the Director may approve other temporary or intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales and car shows. At the discretion of the Director, certain small-scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through administrative action without a public hearing. (Ord. #271-2025, S2 (Exh. A))
a. Sales of Christmas Trees and Other Agricultural Products. Upon written approval by the Director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers or seasonal produce, subject to the following requirements and any other conditions that the Director deems necessary to improve land use compatibility and/or assure the public’s health and safety.
1. Sales shall be limited to Christmas trees, pumpkins or seasonal produce and related accessory items only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures and signage shall be kept behind a ten (10') foot setback from all street rights-of-way and they shall be removed within ten (10) days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on site, subject to the approval of the Director, for the duration of the permit, if kept more than ten (10') feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed thirty-two (32) square feet. No bunting strips, banners, flags, whirligigs or other attention-getting devices shall be displayed on site without Director approval.
6. When the use is temporary or intermittent, the applicant may be required to post a refundable deposit, set by the Director to assure site cleanup, if necessary. Deposit shall be in the form of a cashier’s check to the City and shall be made prior to occupying the site.
7. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, subject to approval by the Fire Chief.
8. Any Christmas trees sold for use in public facilities shall be flame proofed with a State Fire Marshal approved material by a State licensed application.
9. Applicant shall obtain a City business tax certificate. A copy of the Director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.
10. The applicant shall secure a building permit for any structure requiring a permit associated with the use. The plan shall include a site plan that shows the proposed vehicular circulation pattern, parking layout and location of structures. Plans shall also demonstrate compliance with Title 24 requirements for disabled accessibility.
11. The use shall comply with all requirements of the County Environmental Health Department.
12. Restroom facilities shall be provided either on site or on a nearby property, subject to approval of the Director.
13. No sales or display shall take place in the public right-of-way.
14. Upon written receipt of complaints from the public or the Police Department, the Director’s approval may be scheduled for administrative hearing review. At the public hearing, the Hearing Officer may add, delete or modify conditions of approval or may revoke the approval.
b. Other Outdoor Sales. Outdoor sales of nonagricultural products, such as mobile food facilities, barbecues and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. “Outdoor sales” may be temporary, intermittent or permanent. “Outdoor sales” do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles and building or landscape materials. (See also Articles 6-4, Sidewalk Vendors; License Required; Regulations, and 6-9, Itinerant Businesses; Permits; Regulations.)
1. Other outdoor sales require approval of an administrative use permit, except in cases where the Director determines a Planning Commission use permit would be more appropriate. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening and other development standards usually related to buildings shall be established by use permit approval.
c. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of four (4) times within a twelve (12) month period subject to the following requirements:
1. Each garage or yard sale may not exceed three (3) consecutive days.
2. Each unit within multifamily or condominium projects and common interest subdivisions may have up to four (4) garage/yard sales in approved common areas with the permission of the homeowner’s association for sales within common areas, property owner or property manager.
3. Items shall consist of normally accumulated household items (clothing, furniture, etc.).
4. One on-site sign not to exceed four (4) square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right-of-way. On-site signs shall be consistent with applicable sign regulations.
5. Garage/yard sales are not permitted on vacant lots. (Ord. #271-2025, S2 (Exh. A))
a. Distribution facilities may be located in any zone; provided, that equipment on the ground in residential zones shall be screened by landscaped visual barriers.
b. Transmission lines may be located in any zone, provided the route is approved by the Planning Commission. Where feasible, transmission lines shall be located underground.
c. Other unmanned public utility structures may be located in any zone, provided an administrative use permit is approved by the Director. (Ord. #271-2025, S2 (Exh. A))
Commercial mining, including geothermal activities, is prohibited within City limits. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of gas stations and automobile repair in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Gas stations and automobile repair are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to certain performance standards.
c. Performance Standards. All gas stations and automobile repair shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Premises adjoining residential zones shall be screened from gas stations and automobile repair by a six (6') foot high landscaped visual barrier, subject to the limitations of Section 18-20.070, Fences, Walls, Trash Enclosures and Hedges.
2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk.
3. Bells or other sound signals shall be turned off between 10:00 p.m. and 7:00 a.m. if the gas station and/or automobile repair is located next to a residential zone or next to a residence.
4. Pump islands shall be located at least fifteen (15') feet from any street right-of-way line or setback line, except that roofs may extend to a point at least five (5') feet from such lines.
5. Repair work shall be conducted and dismantled vehicles shall be stored inside a building or area screened so that it is not visible from off the premises. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that have car wash facilities in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Car washes are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the following standards:
c. Performance Standards. All car washes shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Automated Car Washes.
(a) No automated car wash building or structure shall be located within twenty-five (25') feet of any public street right-of-way or within twenty-five (25') feet of a residentially zoned or developed property.
(b) Walls. Other than along a street frontage, an automated car wash facility shall be separated from an adjacent property by a masonry wall of not less than five (5') feet nor more than six (6') feet in height. If the location of the ingress and egress areas of the site may hinder or obstruct vehicular visibility to and from the subject site, the Planning Commission may allow the wall to be reduced to a minimum of three (3') feet in height for a maximum distance of eighteen (18') feet from the street frontage property line. Materials, texture, colors and design of all walls shall be compatible with the design of the principal structures on the subject site.
(c) No automated car wash building can exceed twenty (20') feet in width, fifty (50') feet in depth and twenty (20') feet in height.
2. Manual and Automated Car Washes.
(a) Queuing of Vehicles. An on-site queuing plan shall be approved by the City Engineer. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site and ensure that the car wash will not obstruct the use of the service station gasoline dispensers, drive aisles, back-up areas or parking spaces. Furthermore, vehicles should not queue onto a public street, alley or driveway.
(b) Water Recycling. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable State and Federal guidelines/standards and must be approved by Lake County Special Districts (if located within District).
(c) Noise. All car washes must comply with the City’s noise ordinance. The use of outdoor loudspeakers or public address systems is prohibited. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that have drive-through facilities in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Drive-through facilities are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the following performance standards.
c. Performance Standards. All drive-through facilities shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Entries and/or exits to drive-through facilities should be a minimum of one hundred (100') feet from any intersection or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from road intersections may be approved if the City Engineer determines that public safety and/or the efficiency of traffic circulation will not be compromised.
2. Drive-through stacking lanes should be a minimum of one hundred (100') feet from any residential zoned lot.
3. Sound attenuation walls, landscaping or other mitigation measures may be required as necessary to mitigate drive-through speaker and traffic noise on nearby residential uses.
4. Drive-through aisles should have a minimum twelve (12') foot width on curves and a minimum eleven (11') foot width on straight sections.
5. Drive-through aisles should provide sufficient stacking area behind the menu board to accommodate a minimum of six (6) cars (approximately one hundred fourteen (114') feet).
6. No drive-through aisles should exit directly into a public right-of-way. Aisles should be integrated with the on-site circulation and should merge with the driveway.
7. Drive-through aisles should be separated from landscaping areas by a six (6") inch high, poured in place, concrete curb or other suitable protective device meeting City approval.
8. Landscaping should screen drive-through aisles to the extent feasible. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell secondhand goods, including antiques and pawn shops. Also, in accordance with California Business and Professions Code Sections 21300 and 21641, these regulations provide for licensing of these types of businesses by the City. These regulations, by their nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit and Clearances Required. Any retail sales of secondhand goods, including antique stores, secondhand or thrift shops, and/or pawn shops shall require clearance from the Police Department and a seller’s permit from the California Board of Equalization. Secondhand, thrift shops, and/or pawn shops shall require a use permit as specified in the zoning district regulations (refer to Table 5), subject to the following performance standards:
c. Performance Standards. All retail sales of secondhand goods shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment. Where applicable donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.
1. All donations at retail storefront sites are to be accepted during normal business hours as there are to be no donations accepted or left outside the facility after normal business hours. Donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.
2. All storage and sales of secondhand goods, including drop-off items, shall be within an enclosed building.
d. Unattended Donation Boxes.
1. Definitions for donation box facilities are referenced in Article 18-45 under donation box facilities.
2. Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of graffiti and blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns.
3. Responsibility. The parcel owner and the UDCB operator (operator) have joint and several liability for blight-related conditions and/or compliance with this section, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this section even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this section.
4. Maintenance.
(a) No blight shall be within twenty (20') feet of the UDCB including but not limited to donation/collection overflow, litter, debris, and dumped material.
(b) UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(c) UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this section.
(d) The operator shall maintain an active email address and a twenty-four (24) hour telephone service with recording capability for the public to register complaints.
(e) UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
5. Standards and Requirements.
(a) A UDCB is only permitted on a lot that also contains a principal building that contains at least one (1) operating business.
(b) UDCBs are prohibited within any of the following locations:
(1) Fifty (50') feet from lots that lie in a residential, detached unit residential, or mixed housing type residential zone as designated in the City’s Zoning Maps;
(2) The public right-of-way and twenty (20') feet of the public right-of-way;
(3) Five (5') feet from any property line; or
(4) Landscaping.
(c) UDCBs cannot block or impede access to:
(1) Required parking or driveways;
(2) Pedestrian routes;
(3) Emergency vehicle routes;
(5) Required handicapped accessibility routes;
(6) Required easements; or
(7) Trash enclosure areas or access to trash bins/trash enclosures.
(d) No more than one (1) UDCB is permitted per parcel unless documented evidence is submitted to the Director that a second bin is required due to the volume of items delivered to the site. A UDCB must be operating at a site for at least ninety (90) days in order to establish that a second bin is required. Both UDCBs shall have the same operator. No fee is required to submit an application for this second bin.
(e) The donation/collection area must be visible from the principal building and be no more than ten (10') feet from a continually operating light source of at least one (1) footcandle.
6. Contact Information Required. The UDCB must have the following information conspicuously displayed on at least two (2") inch type visible from the front of the UDCB:
(a) The name, address, twenty-four (24) hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the UDCB and the parcel owner/owner agent;
(c) Instructions on the process to register a complaint regarding the UDCB to the City Code Enforcement Division;
(d) The type of material that may be deposited;
(e) A notice stating that no material shall be left outside the UDCB;
(f) The pickup schedule for the UDCB;
(g) The parcel containing the UDCB shall display a sign with text in at least two (2") inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location within a radius of twenty (20') feet from the UDCB. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that are agritourism in any zone. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Agritourism businesses must be five (5) acres in size or greater, and are subject to a conditional use permit from the Planning Commission. Those less than forty (40) acres are subject to an administrative use permit from the Director. In both cases, agritourism businesses shall comply with the performance standards.
c. Performance Standards. All agritourism businesses shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
2. Provide sufficient parking in compliance with the City’s parking requirements (see Section 18-20.090).
3. Parking areas and access roads shall have an active dust control program.
4. All uses shall be accessory and supplemental to permitted agricultural use on site. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of wineries in any zone. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Wineries are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the performance standards.
c. Performance Standards. All wineries shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Provide sufficient parking in compliance with the City’s parking requirements (see Section 18-20.090).
2. Access roads to winery structures shall meet State and local fire safe standards as determined by the Fire District. Alternative design allowances and/or requirements may be determined on a case-by-case basis for modification to the standards, dependent upon anticipated level of use, site constraints, turnout opportunities, road length, slope and other site-specific issues.
3. If a winery is accessed from a County, City or State maintained road/highway, an encroachment permit may be required to address ingress, egress and sight-distance requirements.
4. If a winery is accessed by a private road, the applicant shall provide reasonable proof of access rights as determined by the City Engineer.
5. If the winery is served by well water and there are more than twenty-five (25) people on site in a sixty (60) day period, employees and guests shall be provided with bottled water for consumption, unless otherwise approved by the County Environmental Health Division. Well water shall meet potable water standards for the purposes of dishwashing and hand washing.
6. All solid waste shall be stored in a manner that prevents the propagation, harborage or attraction of flies, rodents, vector or other nuisance conditions. Pomace, culls, lees and stems may be recycled on site in accordance with the report of waste discharge approved for each individual winery by the Regional Water Quality Control Board.
7. Standards for waste disposal shall be set, where applicable, by the regional water quality control board and shall be stipulated in the report of waste discharge.
8. If public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with City Code and sized to accommodate employee, tasting room and commercial sewage flows. Portable toilets may be approved by the City for temporary and promotional events.
9. The primary focus of the tasting area shall be the marketing and sale of the wine and grape products produced at the winery. Incidental sales of wine-related merchandise and food shall be allowed subject to the requirements of the California Retail Food Code. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell alcohol for on-sale or off-sale consumption in commercial zones. Also, in accordance with California Alcoholic Beverage Control (ABC) Act, as may be amended from time to time, these regulations provide for licensing of these types of businesses by the City. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses is necessary.
b. Permit and Clearances Required. Alcoholic beverage sales, including adding to the capacity, floor area or shelf space devoted to alcoholic beverages, may be permitted once applicants have secured clearances from the California Alcoholic Beverage Control Department, the Clearlake Police Department, and upon securing the appropriate use permit defined in Table 8.
Table 8. Alcoholic Beverage Sales and On-Site Consumption Uses
Sales Activity | Required Permit |
|---|---|
Alcoholic beverage sales and on-site consumption when associated with a sit-down restaurant | Permitted |
Sells and serves beer and wine only | Administrative Use Permit |
Sells or serves alcoholic beverage (except beer and wine alone) | Conditional Use Permit |
c. Performance Standards. All alcoholic beverage sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
Table 9. Alcoholic Beverage Performance Standards
Performance Standards for Alcoholic Beverage Sales
Applicable to: | |
|---|---|
NSB/FSB | All servers within 90 days of employment receive “responsible beverage service training,” and the City have documentation of this training, retained on the premises. |
NSB/FSB | All graffiti shall be removed on any part of the property within 48 hours of its appearance. |
NSB/FSB | A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted on the site at all times. |
NSB/FSB | A copy of the conditions of approval must be kept on premises and available upon request. |
NSB/FSB | Trash receptacles shall be located at convenient locations outside the establishment and operators of the business shall remove all trash on a daily basis. |
NSB/FSB | If any of the conditions are found to be disregarded, the use permit for alcohol sales may be revoked and this aspect of the business operation may be immediately suspended. |
NSB | |
NSB | Establish and maintain a “complaint response/community relations” program with the Police Department. |
FSB |
d. Criteria for Approving an Alcoholic Beverage Use Permit. When approving a use permit for alcoholic beverage sales, the following circumstances related to public convenience or necessity shall be considered by the decision-making body:
1. The number of businesses having authority to sell alcoholic beverages in the census tract of applicant;
2. The extent to which crime reporting has been experienced within the project vicinity neighborhood or area;
3. The extent to which the ratio of on-sale retail establishments or off-sale retail establishments, including consideration of the size of those establishments, of the census tract in which the project is located exceeds the population ratio of on-sale or off-sale, respectively, of County;
4. The concentration of other similar liquor-related businesses within the project vicinity or area;
5. The proximity of the project to schools, parks, playgrounds, recreational centers, day cares or similar use;
6. Other criteria that may come under consideration when reviewing the application for the use permit, including, but not limited to:
(a) The proposed establishment will promote the City’s economic health, contribute to Clearlake General Plan policies or further district purposes;
(b) The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;
(c) The applicant has not operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations;
(d) The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;
(e) The extent to which products other than alcoholic beverages are sold by applicant and the extent to which alcoholic beverages are incidental to the other products; and
(f) The extent to which the particular alcohol products being sold may be subject to abuse. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell tobacco in commercial zones. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses are necessary.
b. Permit and Clearances Required. Tobacco product sales, including adding to the capacity, floor area or shelf space devoted to tobacco products, may be permitted upon securing clearances from the Police Department, a cigarette and tobacco products retailer’s license from the California Department of Tax and Fee Administration in accordance with Section 22971 of the Business and Professions Code, and upon securing either a use permit from the Planning Commission or may be permitted by right depending on the specific sales activity as defined in Table 10 (as defined in Section 22971(p) of the Business and Professions Code) must have a cigarette and tobacco products retailer’s license.
Table 10. Tobacco Products Use
Sales Activity | Required Permit |
|---|---|
Tobacco product nonspecialized retail sales | Allowed by right within commercial zoning and mixed-use zoning districts (subject to compliance with performance standards referenced in subsection (c) of this section) |
Tobacco product specialized retail sales | Conditional use permit |
c. Performance Standards. All tobacco retail sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. No self-service displays or vending machines for tobacco products, paraphernalia or electronic smoking devices shall be allowed.
2. Tobacco product retail sales shall be located within a fixed location within an enclosed building.
3. No tobacco product specialized retail sales shall be located within six hundred (600') feet of any public school as measured from the closest point on the property line of the parcels containing the tobacco sales and the school. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate personal cultivation of cannabis within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Personal cultivation of cannabis within the City is subject to the provisions of Article 18-41 (Cannabis Personal Cultivation). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate cannabis dispensaries within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability Limitation. Cannabis dispensaries and cannabis microbusinesses may be allowed in the CBR Combining District, but shall be limited to a maximum of three (3) cumulatively within the City.
c. Cannabis Business Use Permit Required. Cannabis business use permits, which may be revocable, conditional or valid for a term period, may be issued by the Planning Commission for any of the uses or purposes for which such permits are required or permitted by, and subject to all of the provisions of, Article 5-20. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate commercial cannabis businesses, such as commercial cultivation, manufacturing, distribution and testing, within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Commercial cannabis businesses, such as commercial cultivation, manufacturing, distribution, testing laboratories, microbusinesses, dispensaries and delivery-only dispensaries, may be allowed in certain zones in accordance with the City’s use regulations (Article 18-18). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate adult oriented entertainment businesses in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Adult entertainment may be allowed in certain areas within the IN-AE Industrial Base Zoning District, Adult Entertainment Combining District in accordance with the City’s use regulations, Article 18-18 and subject to the provisions of Article 18-16 (Adult Entertainment (AE) Combining District regulations). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of the City are to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and to increase the recycling of reusable materials and to regulate the construction, installation, location and activities of recycling facilities and to adopt a comprehensive and easily understood program of permitting and regulating such uses. However, it is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts, that require special consideration. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses are necessary.
b. Exempt Facilities. Exemptions to the provisions of this section shall be granted by the City subject to the provisions of State law. Recycling facilities intended for use by the City are exempt from the regulations of this section. Reverse vending machines located within an existing commercial or industrial building are commercial or industrial accessory uses and are exempt subject to compliance with performance standards.
c. Permit Required. Unless exempt from this section, recycling facilities may be permitted subject to a use permit as specified in the zoning district regulations, subject to the performance standards referenced in Table 11; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment as referenced in the following table. Reverse vending machines located outside a building shall be subject to a use permit.
Table 11. Recycling Facilities Performance Standards
RVM – Reverse Vending Machines (outside a building)
SRC – Small Recycling Centers
LRC – Large Recycling Centers
RPC – Recycling Process Centers
Applicable to: | |
|---|---|
RVM | Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation. |
RVM, SRC | Shall not occupy parking spaces required by the primary use. |
RVM | Shall occupy no more than 50 square feet of floor area per installation, including any protective enclosure and shall be no more than 8 feet in height. |
RVM | Shall be constructed and maintained with durable waterproof and rustproof material. |
RVM | Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to contact if the machine is inoperative. |
RVM | Machines shall be maintained in good appearance and condition and kept clean. |
RVM | Shall be in operation at least during the operating hours of the host use. |
RVM | Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. All illumination shall require prior City authorization. |
SRC | Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil shall not be accepted in commercial zoning districts. |
SRC | Shall not use power-driven processing equipment except for reverse vending machines. |
SRC/LRC/RPC | Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is unattended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. |
SRC | Shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present. |
SRC/LRC | Shall be maintained free of litter and any other undesirable materials; mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day; containers shall be maintained in good appearance and condition and be kept clean. |
SRC/LRC | Recycling facilities shall not be located within 50 feet of a residential property; attended facilities located within 100 feet of a residential property shall operate only during the hours between 8:00 a.m. and 5:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends. |
SRC/LRC | Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and/or acoustical shielding between the containers and the residential use. |
SRC | Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers. |
SRC | Shall be landscaped for screening purposes as determined by the Planning Commission. |
SRC | Shall operate at least 30 hours per week between the hours of 9:00 a.m. and 5:00 p.m., of which 5 hours must be on Saturday. |
LRC/RPC | Does not abut a property zoned or planned for residential use or is at least 150 feet from property zoned or planned for residential use. |
LRC | Shall be screened from the public right-of-way by operating in an enclosed building or located within an area enclosed by a screening fence or wall between 6 to 8 feet in height with landscaping. |
LRC | All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the City Official. No storage, excluding trailers and transport containers, will be visible above the height of the fencing. Trailers and transport containers shall not be stacked on top of each other. |
RPC | Shall operate in a wholly enclosed building except for incidental storage or within an area enclosed on all sides by a screening fence or wall not less than 8 feet in height and landscaped on all street frontages; such fences or wall shall be set back a minimum of 20 feet from the front property line. |
RPC | Power-driven processing shall be permitted, provided all noise level requirements are met. Recycling processing centers shall be limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. |
RPC | Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Chief. No storage, excluding truck trailers and transport containers, will be visible above the height of the fencing; trailers and transport containers shall not be stacked on top of each other. |
(Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow limited use and/or installations of cargo containers (containers that were originally designed as an intermodal freight container that could be transported by ships, trains, cargo planes and trucks) with reasonable standards to preserve neighborhood character and quality of appearance.
b. Permit Required. Temporary cargo containers (those used for no more than six (6) months for construction projects) are subject to zoning permit approval by the Director and subject to certain performance requirements provided in this section. Permanent cargo container installations within the Industrial Zoning designations shall require approval of an administrative use permit. Permanent cargo containers are prohibited in LDR, MDR, HDR, MUX, DC, RR, and Open Space.
c. Performance Standards. All cargo containers shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Temporary Storage for Industrial Uses. Cargo containers may be permitted as temporary storage for industrial uses and shall be subject to the following standards:
(a) Shall be visually screened from residential areas if located within one hundred (100') feet of a residential zone;
(b) Shall not be stacked;
(c) Shall not occupy any required parking spaces, landscaped area or pedestrian access (may occupy parking areas if there is sufficient parking and they do not preclude safe access);
(d) Shall be painted a uniform color approved by the Director;
(f) Shall be maintained free of graffiti;
(h) Shall be removed within thirty (30) days of completion of project (i.e., final sign off, occupancy, etc.).
Temporary cargo containers that do not comply with these performance standards may be approved with a use permit from the Planning Commission.
2. Permanent Storage for Industrial Uses. Any other installation of cargo containers (other than temporary storage) shall be considered permanent structures, shall only be permitted in the IN Zone and shall be subject to all zoning requirements and design review, including installation on a permanent foundation. Cargo containers as permanent installations shall be subject to the following standards:
(a) Shall be visually screened from residential areas if located within one hundred (100') feet of a residential zone or if located within a known scenic corridor. Said screening includes but is not limited to buildings, fencing, landscaping, walls, wood/decorative siding/cladding and a roof;
(b) Shall not be stacked;
(c) Shall not occupy any required parking spaces, landscaped area or pedestrian access (may occupy parking areas if there is sufficient parking and they do not preclude safe access);
(d) Shall be painted a uniform color on the project site approved by the Director;
(e) Shall be equipped with a mechanical latch to hold the door in the open position or equipped with a mechanism to unlock the door from the inside when the structure is occupied;
(f) Shall be maintained free of graffiti;
(h) Shall not have separate sewer, water or electrical services except for needed lighting purposes.
Permanent cargo containers that do not comply with these performance standards are subject to design review in accordance with Article 18-33 and may be approved with a conditional use permit from the Planning Commission. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow limited use and/or installations of vending machines with reasonable standards to preserve neighborhood character and quality of appearance.
b. Allowed and Performance Standards. Indoor vending machines are accessory to allowed uses. Outdoor vending machines are allowed in all commercial, mixed-use and industrial zones subject to the following performance standards:
1. Shall be located along the face of a building or against a structure designed to accommodate them;
3. Shall occupy not more than ten (10%) percent of the length of the wall facing the street or access drive or twenty (20') feet, whichever is less;
4. Shall not obstruct private pedestrian walkways; a minimum of forty-four (44") inches shall be kept clear of obstructions or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks.
Vending machines that do not comply with these performance standards are subject to design review approval in accordance with Article 18-33. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of small residential solar energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community.
b. Permit Required and Expedited Processing. Small residential solar energy systems may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards referenced in this section. The permit process for residential rooftop solar systems shall be expedited consistent with the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
c. Performance Standards. All small solar energy systems shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. They shall meet applicable health and safety standards and requirements imposed by the City and the State of California.
2. Systems that heat water shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. Systems that produce electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of small wind energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community. These systems consist of a wind turbine, a tower and associated control or conversion electronics, which have a rated capacity of not more than ten (10) kW of power.
b. Permit Required. Small wind energy systems may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards referenced in this section.
c. Performance Standards. All small wind energy systems shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. They must have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the Commission’s Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.
2. A minimum parcel size of five thousand (5,000) square feet is required for the placement of any small wind energy system. The maximum rated capacity for lots less than one-half (0.5) acre is two (2) kW and less. The maximum rated capacity for lots greater than one-half (0.5) acre is ten (10) kW and less.
3. No part of a small wind energy system shall be located within or over drainage, utility or other established easements.
4. A maximum of one (1) small wind energy system per parcel is permitted on parcels less than one (1) acre in size. A maximum of one (1) small wind energy system per acre is permitted on parcels greater than one (1) acre in size.
5. They shall comply with the minimum setbacks for the zoning district. The location may be modified as part of the design review process to place the wind energy system as far as possible from the property lines. The small wind energy systems shall not be allowed in the front yard or a side yard with frontage.
6. The maximum height of a small wind energy system for lots less than one-half (0.5) acre is thirty (30') feet and forty (40') feet for lots greater than one-half (0.5) acre. “Tower height” shall mean the height above grade of the fixed portion of the tower, excluding the wind turbine itself.
7. No portion of the turbine or tower shall be illuminated.
8. Any climbing foot pegs or rungs below twelve (12') feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section so it cannot readily be climbed.
9. Each small wind energy system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation. The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be ten (10') feet as measured at the lowest point of the arc of the blades.
10. No small wind energy system or combination of small wind energy systems on a single parcel shall create noise that exceeds a maximum of sixty (60) CNEL (Community Noise Equivalent Level), as measured at the closest neighboring dwelling. These levels, however, may be exceeded during short-term events such as utility outages and severe wind storms.
11. The system’s tower and supporting structures shall be painted a single neutral, nonreflective, nonglossy color that visually blends with the surrounding natural and built environments.
12. Electrical Wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.
13. They shall be maintained in good repair, as recommended by the manufacturer’s scheduled maintenance or industry standards and shall be free from rust.
14. Signs/Labels. All signs, with the exception of manufacturer’s, installer’s identification, appropriate warning signs or owner identification, are prohibited.
15. They shall comply with applicable FAA (Federal Aviation Administration) regulations, including any necessary approvals for installations.
16. If found to be unsafe by the Building Official they shall immediately cease operation upon notification by City and shall be repaired by the owner to meet Federal, State and local safety standards or be removed within six (6) months.
17. Small wind energy systems that are not operated for a continuous period of twelve (12) months shall be removed by the owner of the small wind energy system.
18. When a small wind energy system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the small wind energy system remaining stationary so that wind resources are not being converted into electric or mechanical energy. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish regulations which regulate the installation of dish-type satellite antenna to help protect public safety and preserve view corridors and neighborhood character.
b. Residential Performance Standards. The installation of dish-type satellite antenna may be permitted in all residential zones subject to the following criteria:
1. Antenna Size. Maximum diameter to be ten (10') feet.
2. Setback. No part of a satellite dish antenna may be located in any required street or other yard. Antennas located outside a street yard setback but between the residence and the street are prohibited.
3. Height. Maximum antenna height to be thirteen (13') feet. All satellite dishes higher than side or rear yard fences shall be screened from neighboring properties. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by use permit. Any antenna that may block significant views from neighboring buildings or from public areas shall be subject to design review.
4. Number. One (1) dish-type satellite antenna is allowed per site, in addition to normal television and radio antennas.
c. Commercial Performance Standards. The installation of dish-type satellite antenna may be permitted in the office, commercial and industrial zones subject to the following criteria:
1. Installation shall be subject to design review in accordance with the adopted Design Review Committee ordinance and guidelines.
2. Installations shall not be permitted within a street yard.
3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.
d. Exceptions.
1. Dish-type satellite antenna installations that are less than one (1) meter in diameter are exempt from these regulations unless proposed on a historic building.
2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections (c) and (d) of this section may be considered if an administrative use permit is obtained. Conditions imposed as part of use permit approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, city vistas or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color and landscaped screening.
e. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be permitted in the Open Space/Conservation Zone subject to an administrative use permit and subject to design review in accordance with Article 18-33 or design review manual/committee guidelines.
f. Building Permit Required. All satellite dish installations require issuance of a building permit. This is to ensure that dishes are structurally sound and properly grounded. Plans submitted for a building permit for a roof-mounted or pole-mounted installation require certification by a registered engineer. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of electric vehicle charging stations for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community.
b. Permit Required and Expedited Processing. Electric vehicle charging stations may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards. Consistent with Government Code Section 65850.7, the process of reviewing an electric vehicle charging station shall be expedited consistent with the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. For larger commercial level electric vehicle charging stations that are a single and primary use, a separate use permit may be required (see Table 5).
c. Performance Standards. All electric vehicle charging stations shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association and accredited testing laboratories such as Underwriters Laboratories and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.
2. Shall meet the electrical code requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Shall be anchored by either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. #271-2025, S2 (Exh. A))
a. Purpose. To establish standards for the development, siting and installation of wireless telecommunications facilities; to protect and promote public health, safety and welfare; and to preserve view corridors and avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through design review and use permit application processing to address site-specific conditions.
b. Exempt Facilities. The following wireless telecommunications facilities are exempt from the requirements of this section:
1. Government-owned communications facilities used primarily to protect public health, welfare and safety.
2. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards set forth in Section 18-19.220 et al.
4. Any facility specifically exempted under Federal or State law.
c. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunications facility, or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and design review.
2. The co-location of a new wireless telecommunications facility with an existing approved installation or minor modification of an existing installation shall be subject to design review approval.
3. The applicant shall submit application materials and fees as required by the Community Development Department.
d. Building Permit Required. Wireless telecommunications facilities shall not be constructed, installed or modified prior to obtaining a City building permit.
e. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.
2. Height. The height of any antenna or support equipment shall be determined as part of the use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the Director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.
(a) Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.
(b) Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.
(c) All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the Director. Electrical and telephone service to the support equipment shall be undergrounded.
(d) Ground-mounted antennas, poles, structures, equipment or other parts of a telecommunications facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.
5. Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are present at night and except for exempt facilities.
6. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the City with a notice of intent to modify site equipment in any way. At the time of modification, co-location or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the Director. Unused or obsolete equipment or towers shall be removed from the site within ninety (90) days after their use has ceased.
7. Number of Facilities per Site. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites to prevent negative visual impacts associated with multiple facilities.
8. Co-location. All facilities shall provide co-location opportunities to other operators to the extent technically feasible without significant impairment to broadcast or reception capabilities. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Facilities shall also provide co-location opportunities to accommodate governmental emergency communication equipment and operation to the extent that such communication equipment and related operations will not adversely affect broadcast or reception capabilities of the applicant’s facility. Failure to comply with co-location requirements may result in the denial of a permit request or revocation of an existing permit.
9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five (55) dB at the property line or within twenty (20') feet of such equipment, whichever is less. This requirement may be modified at the discretion of the Director where typical ambient noise levels exceed fifty-five (55) dB. Outdoor noise producing construction activities shall take place only on weekdays between the hours of 8:00 a.m. and 5:00 p.m. unless a different schedule is approved as part of the use permit.
10. Backup Generators. Unless specifically exempt by the Planning Commission, all facilities shall use a temporary backup generator that can provide backup power for a minimum for seventy-two (72) hours. These generators shall be required to meet or exceed Air Pollution Control District standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the Air Pollution Control District. Project plans shall indicate location, size, horsepower and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.
11. Biological Impacts. Wireless telecommunications facilities shall minimize potential impacts to biological resources.
12. Cultural Impacts. Wireless telecommunications facilities shall minimize potential impacts to cultural resources (including Native American resources).
13. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the City has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the City and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the use permit, at the expense of the facility owner/operator.
14. Radio Frequencies and Electromagnetic Exposure.
(a) Wireless telecommunications facilities operating alone or in conjunction with other telecommunication facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RF radiation emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity.
(b) The City may require one (1) or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the Director, upon receipt of written complaints, the use permit allowing a telecommunications facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted or modified or the use permit may be revoked.
17. Interference With Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.
18. City Inspection. The City shall have the right to access facilities after twenty-four (24) hours’ written or verbal notice.
f. Abandonment. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to vacate the site a minimum of thirty (30) days prior to ceasing operation. Any wireless telecommunications facility that is not operated for a continuous period of ninety (90) days shall be removed within ninety (90) days of the date upon which the operation ceased.
g. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Director may schedule a public hearing before the Director to consider revocation of the permit. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The provisions set forth in this section are intended to allow the conduct of a home occupation as an accessory activity of a nonresidential nature which is performed within a living unit or within a garage or accessory building reserved by an occupant of the living unit and which is customarily incidental to the residential use of the living unit. These uses are intended to be incidental to and compatible with surrounding residential neighborhood. A “home occupation” is gainful employment engaged in by the occupants of a dwelling.
b. Permit Required.
1. The conduct of home occupation requires the approval of a home occupation permit from the Director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his/her home, or uses his/her home address as a business address on business licenses and tax certificates. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.
2. State licensed child day care centers for fourteen (14) or fewer children are exempt from home occupation regulations or as provided under applicable sections of the Health and Safety Code.
c. General Requirements.
1. Home occupations shall not involve customer access or have other characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.
2. There shall be no customers or clients except for:
(a) Private instruction, such as education tutoring, music or art, on an individual basis, provided there are not more than eight (8) visits in any one (1) day.
(b) Physical therapists, including massage or other therapists, who shall have no more than one (1) client on site at any time and no more than eight (8) visits in any one (1) day.
(c) Attorneys, accountants and other low visitation consultants who shall have no more than one (1) client on site at any time (except for overlapping appointments) and no more than eight (8) visits in any one (1) day.
(d) Businesses with customer access shall maintain at least one (1) on-site customer parking space in addition to their required residential parking. For the purposes of this section only, parking in a driveway that has a minimum depth of twenty (20') feet from the back of sidewalk or street right-of-way (whichever is more restrictive) and is made available to customers during business hours of operation shall meet the definition of a parking space.
3. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.)
4. There shall be no sales, rental or display on the premises (internet and phone sales allowed).
5. There shall be no signs other than address and names of residents.
6. There shall be no advertising of the home occupation by street address except that the street address may be included on business cards and business correspondence originating from the home.
7. No vehicle larger than a van or three-quarter (3/4) ton truck may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two (2) square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one (1) additional vehicle and/or trailer.
8. The home occupation shall not encroach on any required parking, yard or open space area.
9. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence.
10. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.
11. No use shall create or cause noise, dust, vibration, smell, smoke, glare or electrical interference or other hazard or nuisance.
12. No employees other than residents of the dwelling shall be allowed to work on site. (Visitors, babysitters or domestic servants are not considered employees of a home occupation.)
13. Clients or customers shall not visit the home occupation between the hours of 7:00 p.m. and 7:00 a.m.
14. If the home occupation is to be conducted from rental property, the property owner’s written authorization for the proposed use shall be submitted to the Director.
15. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). Direct customer pick-up is prohibited.
d. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones and therefore shall not be permitted as home occupations; however, off-site work is permitted:
1. Automotive repair (body or mechanical) or detailing, sound systems, upholstery or painting of automobiles, when performed on the same site as the home occupation.
2. Personal services, such as beauticians and estheticians.
3. Carpentry or cabinet making.
4. Welding or machining.
5. Medical offices, clinics, laboratories, except that counseling is permitted, when no more than one (1) client visit or group session is held at one (1) time.
6. Appliance, radio or television repair.
7. Print shop or photograph development; digital photo production is permitted.
8. Gun or ammunition sales, except for off-site sales (subject to approval by the Police Chief).
9. Storage, repair or reconditioning of motorized vehicles, boats or recreation vehicles or large equipment, repair or reconditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment when performed on the same site as the home occupation.
10. Tow truck and ambulance services. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the City, to ensure that day care facilities will be compatible with residential uses and to comply with applicable sections of the Health and Safety Code of the State of California.
b. Permits Required.
1. Adult day care facilities serving six (6) or fewer clients on site at one (1) time and small family day care homes for eight (8) or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required.
2. Adult day care facilities serving seven (7) to twelve (12) clients on site at one (1) time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Director, consistent with the following review procedures:
(a) Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a one hundred (100') foot radius of the exterior boundaries of the proposed facility site, no fewer than ten (10) days prior to the Director’s action to approve or deny an application for a day care facility serving seven (7) to twelve (12) adults or nine (9) to fourteen (14) children. If no written request for hearing is received by the Community Development Department within ten (10) days from the mailing of these notices, the Director may approve the requested use upon submission of all required information and without further notice or public hearing.
(b) Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person.
(c) Approval. The Director is authorized to approve day care facilities serving seven (7) to twelve (12) adults or seven (7) to fourteen (14) children. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when the Director determines that the proposed facility:
(1) Complies with all applicable provisions of the Fire Code regarding health and safety; and
(2) Complies with property development standards, Article 18-20, and with sign regulations, Article 18-21; and
(3) Has been issued a day care license from the State of California, Department of Social Services; and
(4) Will satisfy performance standards of this section relating to noise, traffic and parking.
(d) City Regulatory Authority for Family Day Care Homes. In accordance with the California Health and Safety Code, the City cannot deny an application for a large family day care home, but can apply standards or conditions of approval to address concentrations of these types of uses within a neighborhood, traffic control and parking and noise control. Also, in accordance with State law, the City may not impose fees for small or large family day care home applications or business licenses.
3. Day care facilities serving more than twelve (12) adults or more than fourteen (14) children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 18-18.010, Uses Allowed by Zone, and Article 18-28, Use Permits. These facilities are subject to the performance standards outlined below.
c. Performance Standards for Day Care Facilities Serving More than Six (6) Adults or More than Fourteen (14) Children.
1. Noise. The day care facility shall be subject to all applicable provisions of the City’s noise regulations and General Plan noise element. Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.
3. Parking.
(a) Day care facilities with seven (7) to twelve (12) adults or nine (9) to fourteen (14) children, one (1) on-site parking space is required, in addition to parking required for the residence, except when the Director finds that adequate on-street parking exists for dropping off and picking up clients.
(b) Day care centers with more than twelve (12) adults or more than fourteen (14) children must provide two (2) spaces per facility and one (1) space for each twelve (12) day care clients (based on the facility’s license), rounded to the nearest whole number, in addition to any spaces required for the residential use.
d. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches and where an employer provides on-site child care to fourteen (14) or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.
e. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Director may authorize minor exceptions to performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the Zoning Regulations and consistent with City day care policy.
f. Nonconforming Status. All day care facilities licensed by the State at the time of ordinance adoption (2020) shall be considered legal nonconforming uses, consistent with Article 18-23, except that nonconforming day care facilities may not be changed to another nonconforming use. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish standards for the development and operation of bed and breakfast establishments within all residential zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration and design of bed and breakfast establishments is consistent with or does not negatively affect the character or function of the neighborhood and surroundings. Bed and breakfast businesses located in mixed-use and commercial zoning districts are considered hotels and not subject to the criteria of this section.
b. Applications and Approvals Required. A bed and breakfast inn is allowed as specified in Section 18-18.030. In addition to the applicable use permit requirement, review by the Design Review Committee may be required depending upon the type of changes proposed to any structure intended for use as a bed and breakfast inn.
c. Performance Standards. These standards apply to all bed and breakfast homes or inns.
1. The use permit is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood.
2. A bed and breakfast inn must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City.
3. A City business license is required and remittance of transient occupancy tax and short-term rentals is required.
4. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use.
5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like.
6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home.
7. There shall be no separate or additional kitchen facility for the guests.
8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises.
9. Any signage for a bed and breakfast establishment shall comply with the City’s sign regulations (refer to Article 18-21).
10. The main building of the bed and breakfast establishment must be the “primary residence” of the owner or manager of the bed and breakfast use.
11. Accessory buildings and structures may also be used for bed and breakfast guest rooms.
12. Factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses.
13. All bed and breakfast facilities shall maintain garbage and recycling services from City’s selected service agency.
14. Provision of parking in compliance with Section 18-20.090(w) (Required Parking for Special Uses). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish standards for the development and operation of vacation rentals within all residential and mixed use zones in the City as described in Section 18-18.030 (Table 5). The purpose of these regulations is to allow rental of a residential dwelling unit as a vacation rental (as that term is defined in Article 18-45: A dwelling/room that is rented or leased for compensation for less than 30 consecutive days. Such rentals are referred to as transient rentals, short-term vacation rentals and resort dwelling units) in the City with reasonable standards to preserve the residential neighborhood character and quality of life.
b. Violation – Nuisance – Applicability. The provisions of this section shall apply to all vacation rentals except where there is a primary owner in residence. It is unlawful and a violation of this section, and is hereby declared a public nuisance, for any person or entity owning, renting, leasing, occupying, or having charge, control or possession of any real or improved property within the City of Clearlake to cause, permit, maintain or allow any violation of this section to exist thereon. Any violation of this section is punishable as a misdemeanor and/or as otherwise permitted by this Code. Each violation of this section that exists constitutes a separate and distinct violation as does each and every day or portion thereof that any violation exists. Vacation rentals shall not be permitted in nonhabitable structures. Vacation rentals shall also not be permitted within secondary, accessory or junior accessory dwelling units, nor in structures or dwellings with City covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under a Williamson Act Contract. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a vacation rental.
c. Permits Required. Vacation rentals that meet the standards outlined in this section shall be allowed as provided by the underlying zone, subject to issuance of a vacation rental permit through a zoning permit by the Director, who may add, delete or modify conditions to further the intent of this section.
d. Term of Permit. Zoning permits shall run with the landowner and shall automatically expire upon sale or transfer of the property.
e. Permit Requirements.
1. Maximum Number of Guest Rooms. Vacation rentals may have a maximum of five (5) guest rooms or sleeping rooms. Vacation rentals with more than five (5) guest rooms or sleeping rooms may only be allowed if adequate sewage disposal capacity exists and neighborhood compatibility can be demonstrated to be determined by the approval of a use permit from the Planning Commission. For purposes of determining the appropriate level of permit required, the actual number of bedrooms in the structure plus any additional rooms intended or used for sleeping shall be used.
2. Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guest room, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under three (3) years of age. Vacation rentals with larger overnight occupancies may only be allowed subject to the granting of a use permit. For homes on a conditional or nonstandard septic system, or those with capacity limited by a voluntary repair, the maximum overnight occupancy for vacation rentals shall be equal to the design load of the septic system. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.
3. Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum overnight occupancy plus six (6) additional persons per property during the daytime, or eighteen (18) persons, whichever is less, excluding children under three (3) years of age. Daytime visitors shall not be on the property during quiet hours (10:00 p.m. to 7:00 a.m.).
4. Owner Occupancy. All vacation rentals shall be owner occupied which means that the owner of the vacation rental unit shall occupy the rental dwelling unit at least fifty-one (51%) percent of the time during the year.
5. Parking. Parking shall be provided in compliance with the City’s parking requirements (see Section 18-20.090).
6. Noise Limits. All activities associated with the vacation rental shall meet the general plan noise standards contained below. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours and limits on outdoor activities are included in rental agreements and in all online advertisements and listings.
7. Amplified Sound. Outdoor amplified sound shall not be allowed at any time associated with a vacation rental.
8. Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.
9. Trash and Recycling Facilities. Recycling and refuse storage bins shall not be stored within public view unless in compliance with neighborhood standards. Recycling and trash receptacles shall be returned to screened storage areas within twenty-four (24) hours of trash pick-up.
10. Outdoor Fire Areas. Outdoor fire areas, when not prohibited by State or local fire bans, may be allowed but shall be limited to three (3') feet in diameter, shall be located on a noncombustible surface, shall be covered by a fire screen, and shall be extinguished as soon as they are no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25') feet of a structure or combustible material.
11. Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.
12. Transient Occupancy Tax. The vacation rental owner or authorized agent shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertising or websites.
13. Twenty-Four (24) Hour Property Manager. All vacation rentals operating within the City must have a verified property manager who is available twenty-four (24) hours per day, seven (7) days per week during all times that the property is rented or used on a transient basis. Verified property managers may be professional property managers, realtors, property owners, or other designated person; provided, that the individual is identified on the property’s permit application, all contracts or rental agreements and in any advertising or websites. Property managers must be located within a thirty (30) mile radius of the vacation rental and must be available to respond to complaints at all times during the rental period. Any requested change to the property manager for a vacation rental property shall be made through submittal of a new vacation supplemental application or similar form provided by the City and shall include the signature of the property manager and the desired effective date of the change. In no case may a vacation rental operate without a current verified property manager. Operation of a vacation rental without a verified property manager shall be considered a violation of this section. The name and twenty-four (24) hour contact information of the verified property manager shall be provided to any interested party upon request. Owner occupancy requirements under subsection (e)(4) of this section will require owner to also comply with this provision.
14. Emergency Access. The owner of any vacation rental located behind a locked gate or within a gated community shall provide gate code or a lockbox with keys (“Knox Box” or similar) for exclusive use by law enforcement or fire services departments.
15. Posting and Neighbor Notification of Permit and Standards. Once a vacation rental permit has been approved, a copy of the permit listing all applicable standards and limits shall be posted within the vacation rental property. The owner shall post these standards in a prominent place within six (6') feet of the front door of the vacation rental and include them as part of all rental agreements. At the permit holder’s expense, the City shall provide mailed notice of permit issuance to property owners and immediate neighbors of the vacation rental unit using the standard three hundred foot (300') property owner mailing list. All advertising handouts, flyers, internet listings, or any other information provided for vacation rentals shall conform to the approved occupancy limits and standards as stated on the vacation rental permit. Advertising may only be conducted for properties operating under a valid permit. Advertising for a particular property inconsistent with the approvals for that property shall be considered a violation of these performance standards.
16. Requirements for All Internet Advertisements and Listings. All online advertisements and/or listings for the vacation rental property shall include the following:
(a) Maximum occupancy, not including children under three (3);
(b) Maximum number of vehicles;
(c) Notification that quiet hours must be observed between 10:00 p.m. and 7:00 a.m.;
(d) Notification that no outdoor amplified sound is allowed; and
(e) The transient occupancy tax certificate number for that particular property.
f. Enforcement Process.
1. Initial complaints on vacation rentals shall be directed to the property manager identified in the zoning permit or use permit, as applicable. The certified property manager shall be available twenty-four (24) hours during all times when the property is rented and shall be available by phone during these hours. Should a problem arise and be reported to the verified property manager, the property manager shall be responsible for contacting the tenant to correct the problem within sixty (60) minutes, or within thirty (30) minutes if during quiet hours, including visiting the site if necessary to ensure that the issue has been corrected. The property manager shall complete the online reporting form to report any such complaints, and their resolution or attempted resolution(s), to the City within twenty-four (24) hours of the occurrence. Failure to respond to complaints or report them to City shall be considered a violation of this section and shall be cause for revocation of certification status.
If the issue reoccurs, the complaint will be addressed by City code enforcement who may conduct an investigation to determine whether there was a violation of a zoning or use permit condition. Police reports, online searches, citations or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation. If code enforcement verifies that a zoning or use permit condition violation has occurred, a notice of violation may be issued, and a penalty may be imposed in accordance with the Clearlake Municipal Code.
At the discretion of the Director, the zoning permit may be revoked. If the permit is revoked, a zoning permit for a vacation rental may not be reapplied for or issued for a period of at least one (1) year after revocation.
2. Enhanced Penalty for Nonpermitted Rentals. A vacation rental that is determined to be operating without the necessary permit required under this section shall be subject to a penalty of ten (10) times the normal application fee.
3. Three (3) Strikes Penalty. Upon receipt of any combination of three (3) administrative citations, verified violations, or hearing officer determinations of violation of any of the permit requirements or performance standards issued to the owner or occupants at the property within a two (2) year period, the vacation rental zoning permit is summarily revoked, subject to prior notice and to appeal, if requested within ten (10) days. Should such a revocation occur, an application to reestablish a vacation rental at the subject property shall not be accepted for a minimum period of two (2) years.
4. Violation of Performance Standards – Administrative Citations. In addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of the City Code, this subsection provides for administrative citations.
(a) Use of administrative citations shall be at the sole discretion of the City.
(b) This subsection is adopted pursuant to the authority conferred by the Government Code, including Section 53069.4.
(c) Violations of the following permit requirements and performance standards may be deemed infractions for the purposes of this subsection, and are subject to administrative citation:
(1) Conduct of a cultural event, special event, party, wedding or other similar activity exceeding the allowable maximum occupancy;
(2) Exceeding the maximum permitted occupancy, not including children under three (3) years of age;
(3) Noise violations, as set forth in subsection (f)(1) of this section, including the use of outdoor amplified sound;
(4) Violations of quiet hours (10:00 p.m. to 7:00 a.m.);
(5) Exceeding maximum number of vehicles;
(6) Exceeding fire limits, including lighting fires during bans;
(7) Unsecured pets and/or nuisance barking;
(8) Operation of a vacation rental without a certified property manager;
(9) Failure of the property owner to include the specified limits in rental agreements and online listings or advertisements;
(10) Failure to include the individual property’s transient occupancy tax certificate number in all contracts, advertising and online listings;
(11) Failure of the property owner to maintain current transient occupancy tax status.
g. Monitoring and Enforcement Fee.
1. An annual fee may be adopted by the City Council and collected by the City to pay for monitoring and enforcement of vacation rentals. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the City to help people in need of housing that are temporarily homeless. Reasonable standards have been established to preserve the neighborhood character and quality of life in Clearlake. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668.
b. Application and Permit Required. Emergency shelters are allowed by right subject to approval of an administrative permit from the Director, within the Urban High Density (HDR) Zone subject to the below standards. These standards may be applied to an emergency shelter proposed in any other zoning district with a use permit from the Planning Commission. Emergency shelters which require use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards. Low barrier navigation centers meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses.
c. Standards for Emergency Shelters and Low Barrier Navigation Centers. All emergency shelters and low barrier navigation centers shall be subject to the following standards:
1. The emergency shelter or low barrier navigation center shall be operated by a responsible social service provider.
2. The emergency shelter or low barrier navigation center shall provide at least one (1) qualified on-site supervisor at all times, plus one (1) attendant for each fifty (50) occupants.
3. An emergency shelter shall not be approved when another emergency shelter exists within three hundred (300') feet of the proposed site. This requirement may be modified by obtaining a use permit from the Planning Commission.
4. Emergency shelters proposed in residential neighborhoods shall require design review to ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of the proposed shelter to adjacent residences.
5. Parking shall be supplied in accordance with Sections 18-20.090 and 18-20.100.
6. Each emergency shelter shall be limited to a maximum occupancy of two hundred fifty (250) persons (in total), including warming shelters and daytime facilities.
7. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum length of time which clients may be accommodated.
8. Low barrier navigation center applications shall be processed in accordance with Government Code Section 65664 providing timelines for action; the City must notify the developer within thirty (30) days if the application is complete under Government Code Section 65493 and then must act on the application within sixty (60) days from the date the application has been deemed complete. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow temporary operation of a warming shelter in the City to help people in need to stay warm during inclement weather. Reasonable standards are hereby established to preserve the neighborhood character and quality of life in Clearlake.
b. Application and Permit Required. Warming shelters are subject to approval of an administrative use permit from the Director within the Industrial (I) Zone, and may be established in any other zoning district with a use permit. Warming shelters which require use permit approval may be subject to conditions of approval with requirements that vary from these standards.
c. Standards for Warming Shelters.
1. No more than one (1) warming shelter shall be permitted within the City temporarily on an annual basis.
2. Maximum operation time shall not exceed two (2) months, unless an extension is approved by the Police Chief. Extensions shall not exceed thirty (30) days.
3. Use permits for warming shelters may be denied based on past performance and experiences that the City has had that have exceeded the City’s expectations for public services, such as police and fire services and impacts on the neighborhood.
4. Off-street parking shall be provided in accordance with Sections 18-20.090 and 18-20.100.
5. There shall be adequate space inside the structure such that prospective and current users are not required to wait on sidewalks or any other public rights-of-way.
6. Lighting shall be provided for appropriate surveillance subject to approval of the Police Department.
7. A management plan shall be provided to address management experience and good neighbor issues. Such plan shall be submitted to and approved by the City. Minimum standards and practices in the plan shall be as follows:
(a) The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services.
(b) The shelter shall have an identified administrator and representative to address community concerns.
(c) A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290.
(d) The shelter shall be maintained in a safe and clean manner and free from refuse or discarded goods.
d. Appeal. Appeal procedures for this section shall be as provided by Article 18-36.
e. Revocation of a Permit. Upon receipt by the Director of substantiated written complaints from any citizen, Code Enforcement Officer or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the permit or of City ordinances or regulations applicable to the property or operation of the facility has occurred, the Director may set a permit review hearing before the Planning Commission. At the time of permit review, to ensure compliance with applicable laws and conditions of the permit, conditions of approval may be added, deleted, modified or the permit may be revoked. Review by the Planning Commission shall be subject to a public review process as provided under Section 18-28.030. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory and junior accessory dwelling units as an accessory use (allowed by right) to a residential unit based on the following criteria:
1. This section is intended to implement Government Code Sections 65852.2 and 65852.150, which allow the City to perform administrative design review and apply specific development standards to accessory and junior accessory dwelling units in all zones where allowed.
2. The City intends to regulate accessory dwelling units as permitted by California Government Code Section 65852 and other applicable sections.
3. The City recognizes opportunities to implement certain policies and programs of the City’s Housing Element of the Clearlake General Plan by providing for, encouraging the development of and regulating accessory and junior accessory dwelling units.
4. Implementation of this section is meant to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods. Accessory and junior accessory dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants.
b. Requirements. Accessory and junior accessory dwellings shall be allowed and created in all zones, including mixed use zones, that allow single family and multiple family residential uses including all related development and design standards in accordance with California Government Code Sections 65852.1 and 65852.2 as may be amended from time to time except the following additional local standards shall apply:
1. For sites within a flood hazard area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of any new or legalized accessory dwelling unit shall be elevated at least one (1') foot above the base flood elevation as “new construction” under Chapter XVII, Floodplain Management. The applicant shall submit an elevation certificate based on construction drawings with the building permit plans and a final elevation certificate shall be required prior to project final.
2. The Building Official and the Lake County Fire Protection District shall confirm that side and rear setbacks are sufficient for fire safety.
3. In accordance with California Government Code Section 65852.2(c), fire sprinklers shall not be required for accessory or junior accessory units if they are not required for the primary unit.
c. Administration. Unless otherwise provided by State law, any person proposing to create or construct an accessory dwelling unit or junior accessory dwelling unit shall submit a building permit application to the Building Department with a site plan, elevations, color and materials samples, and any other information deemed necessary to administer this chapter, even if no construction is proposed. The City shall consider the building permit application ministerially, without discretionary review or a hearing. The City shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
d. Costs for Processing Permits and Development Impact Fees. Unless otherwise provided by State law, except for accessory and junior accessory dwelling units that are less than seven hundred fifty (750) square feet, the City may authorize a fee for development impact fees, conditional use permits, variances, and the ministerial review of accessory and junior accessory dwelling units. Also, the City may only collect development impact fees for accessory dwelling units (not junior accessory dwelling units) that exceed seven hundred fifty (750) square feet, proportionate in relation to the size of the primary dwelling unit square footage (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service, nor do they include charges for garbage or recycling service. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Guest quarters consist of attached or detached building space which contains bathroom facilities including toilets, bathing facilities, showers or sinks but does not contain a kitchen. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit based on the following criteria:
1. Regulations on guest quarters are established to prevent conversion of guest quarters into unpermitted living space to ensure that such structures are not used as separate dwelling units.
2. Unpermitted conversion of guest quarters could result in effects detrimental to the public health, safety and welfare of the community, including but not limited to fire and life safety threats, adverse neighborhood parking, traffic congestion and noise impacts and creation of nuisances related to increased, unpermitted residential density without appropriate permit conditions and mitigations and the maintenance of unsafe or unsanitary permanent living quarters not permitted or intended to support primary residential uses.
b. General Requirements. Upon meeting the requirements of this section, guest quarters may be established in the LDR, MDR and MUX Zones, when the primary use on the site is a single-family dwelling and shall be subject to the following requirements. The Director may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter.
2. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage.
3. Density and Size. The structure must be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multifamily zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty (450) square feet.
4. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended or any mobile home subdivision or trailer park.
5. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters.
6. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit.
7. No Kitchen Facilities. Kitchens may not be installed and plumbing shall be provided for bathroom use only.
8. Design Review Required. All requests shall be reviewed for consistency with the City’s Design Review Manual. (Ord. #271-2025, S2 (Exh. A))
a. Purpose, Intent and Applicability. The purpose of this section is to establish regulations related to the development of housing projects in compliance with Government Code Sections 65940 to 65950 regarding the review process for residential developments.
1. The City’s design procedure outlines the requirements for the ministerial review and approval of housing development (Article 18-33).
2. If the project constitutes an affordable housing development, it shall not be subject to discretionary review, including environmental review. Otherwise, the project shall be processed in accordance with the Housing Accountability Act of 2019 as amended, California Government Code Section 65940 (until the Act’s expiration).
3. If the project is considered a streamlined housing development project, the project shall be subject to the submittal of a complete application as required by California Government Code 65913.4 and shall comply with the objective design standards the City adopts by resolution of the City Council which are in accordance with California Government Code Section 66300(b)(1)(C) that limits design approval to objective criteria that involves no personal or subjective judgment.
4. The Community Development Department shall maintain a required checklist of information for submittal for a complete application in accordance with California Government Code Section 65940; this list shall be limited to only those items noted by law as being required.
5. In accordance with California Government Code Section 65905.5 the City may not conduct more than five (5) public hearings on a housing development project if the project complies with objective general plan and zoning standards in effect at the time the application is deemed complete. Public hearings include workshops and reviews by the Planning Commission and/or City Council. They do not include legislative hearings to address general or specific plan or zoning amendments that may be needed to accommodate the project. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. These regulations address the particular operational characteristics of campground uses and recreational vehicle parks. The provisions set forth in this section enable these uses in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation of campgrounds and recreational vehicle parks in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, smoke, and traffic conflicts. In order to protect and preserve public health, safety and welfare, these special regulations are necessary. These standards and requirements are intended to ensure that campgrounds and recreational vehicle parks will be compatible with surrounding uses. Refer to Section 18-19.010 regarding using a recreational vehicle as dwelling unit which is different from the uses outlined in this section.
b. Permit Required. The establishment of a campground and/or recreational vehicle park in various zone districts shall require a conditional use permit from the Planning Commission as reflected in Tables 4 and 5 of this chapter in addition to the applicable use permit requirement.
c. Performance Standards.
1. Access to Site. Access to campgrounds or recreational vehicle parks shall be by means of a paved road with a minimum width of twenty-five (25') feet and two (2) four (4') foot native shoulders, designed and constructed to County standards. A recorded legal easement not less than forty (40') feet wide shall be established from a City- or County-maintained road to the campground or recreational vehicle park.
2. Number of Spaces. Two (2) spaces per lot or campsite. Four (4)spaces at or near each comfort station on a roadway shall also be provided, which may be counted as part of the overall number of spaces required for the campsites. Parking shall be provided at the park entrance for guest registration.
3. Screening Required. Parking areas and campsites shall be screened from public roads, or roads that serve other properties.
4. Location of Parking. When parking is proposed adjacent to roadways, the spaces shall be in addition to the required width of the roadway so as to not restrict traffic movement.
5. Public Improvements. Improvements to a City or County road may be required along the frontage of the project. Off-site improvements may be required to provide safe and adequate access.
6. Numbering. Campsites shall be numbered, with the numbers visible on each campsite.
7. Commercial Uses. A campground or recreational vehicle park may contain commercial uses for the convenience of campers; provided, that such uses shall not occupy more than five hundred (500) square feet for each fifty (50) spaces.
8. Manager’s Quarters. Living quarters may be provided for the use of a caretaker or manager and employee housing.
9. Density for RV Parks. A maximum of fifteen (15) units per acre, or lower density as required by the approval body. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this section enable safe parking in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation for safe parking in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare these special regulations are necessary. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing.
b. Permit Required. The establishment of a safe parking use in various zone districts shall either require an administrative use permit from the Director or a use permit from the Planning Commission as reflected in Table 4 of this chapter. In addition to the applicable use permit requirement, review by the Design Review Committee may be required depending upon the type of changes proposed to the parking lot and any structures intended for use in a safe parking facility.
c. Performance Standards. These standards apply to all safe parking uses.
1. The use permit is subject to review at any time and may be revoked after a hearing by the original approval body (Director, Planning Commission, or City Council) and a finding is made by that body that the use has become detrimental to the surrounding neighborhood.
2. The use/facility shall be managed by a qualified social service provider.
3. Participants must be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing.
4. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis.
5. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours.
6. Monitoring and oversight shall be provided by the social service provider during safe parking facility hours.
7. The social service provider shall give preference to those with proof of residency in Lake County for a minimum period of six (6) months within the last two (2) years. Evidence of residency may include, but is not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs.
8. Participant vehicles shall maintain a minimum buffer of fifty (50') feet from any property that contains a residential use. Buffers less than fifty (50') feet may be permitted through the use permit application review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than fifty (50') feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the use permit review process.
9. The social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Police Chief.
10. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.
11. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted good neighbor policy.
12. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not be limited to, the following terms and conditions:
(a) Only one (1) vehicle is allowed per participant.
(b) At least one (1) participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. The social service provider shall keep a copy of all three (3) on record.
(c) Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed.
(d) Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle.
(e) Participants shall not use or possess any weapons or firearms of any kind in program vehicles.
(f) No fires of any kind shall be permitted.
(g) No music may be played that is audible outside participants’ vehicles.
(h) No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances.
(i) Camping tarps or equipment beyond the participant’s vehicle are prohibited.
(j) Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly.
(k) Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e., gasoline, transmission or radiator fluid, or engine oil). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Helicopter facilities provide necessary transportation for community services and public and private entities (refer to definitions section regarding helicopter facilities). The provisions set forth in this section enable helicopter facilities in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation for heliports in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and air traffic conflicts. In order to protect and preserve public health, safety and welfare these special regulations are necessary.
b. Helicopter Facilities Allowed. As referenced in Table 6 of this chapter, helicopter facilities including heliports, helistops, hospital heliports, rooftop emergency heliports, temporary helicopter landing sites, and similar emergency use facilities are subject to a use permit from the Planning Commission as reflected in Table 6 of this chapter.
1. A general aviation permitted heliport;
2. A hospital heliport;
3. A rooftop emergency facility, with the authorization of the Fire Chief;
4. An emergency medical services helicopter landing site established in conformance with the state regulations and subject to approval by the Fire Chief/Marshal;
5. A temporary helicopter landing site established in conformance with the state regulations and with the prior authorization of the Fire Chief;
6. An emergency use facility under the direction of the Fire Chief/Marshal.
c. Performance Standards. These standards apply to helicopter facilities:
1. All terms and conditions of approval for the heliport or helistop required by the California Department of Transportation Division of Aeronautics, the Federal Aviation Administration, or any other State or Federal agency are conditions of approval of the conditional use permit.
2. Each use permit, if required, shall be conditioned on the owner and operator of the heliport or helistop complying at all times with the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics (21 California Code of Regulations Section 3525 et seq.), including the recommendations contained in the Federal Aviation Administration’s Advisory Circular AC 150/5390-2C and all other ACs referenced by or incorporated into the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics.
3. General Aviation Heliports. General aviation heliports are subject to and shall be designed to conform with all applicable State regulations, including, but not limited to, AC 150/5390-2B Chapter 2.
4. On buildings supporting a helistop construction of the touchdown area shall be noncombustible. The surface of the touchdown and adjacent area shall be covered with an impervious and noncombustible material. Surfaces must be properly drained.
5. Hospital Heliports. Hospital heliports are subject to and shall be designed to conform with all applicable State regulations, including, but not limited to, AC 150/5390-2B Chapter 4.
6. Except as otherwise provided in this chapter, heliports shall be subject to and conform with the fire safety operational requirements for the protection of persons, aircraft, and other property contained in the National Fire Protection Association’s Standard for Heliports (NFPA 418 (2001 Edition)) to the satisfaction of the Fire Chief.
7. No refueling or repairing is to be accomplished at an elevated helistop or rooftop emergency facility except in extreme emergency, and then only as approved by the Fire Chief.
8. Rooftop emergency facilities touchdown and lift-off area (TLOF) and any TLOF supporting structures of elevated heliports and rooftop emergency facilities shall be subject to and conform with the construction standards contained in the state regulations, including, but not limited to, AC 150/5390-2B Chapter 8.
9. The TLOF and any TLOF supporting structures of elevated heliports and rooftop emergency facilities shall be subject to and conform with the surface characteristics standards contained in the state regulations, including, but not limited to, AC 150/5390-2B Chapters 2 and 4.
10. Rooftop emergency facilities, emergency medical services helicopter landing areas, temporary helicopter landing sites, and emergency use facilities are not heliports, and are allowed in any zone subject to compliance with all related performance standards of this section. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory structures, other than accessory dwelling units and guest quarters, such as a garage, storage shed or shop, approved as an accessory use based on the following criteria:
1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., accessory dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.
2. Unpermitted conversion of accessory structures is detrimental to the public health, safety and welfare of the community.
b. General Requirements – Accessory Structures. Accessory structures are located upon the same site as the structure or use to which they are accessory. Accessory structures shall be subject to the following requirements. The Director may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Accessory Structure Use and Size. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure or to the principal land use of the site.
2. This section does not apply to legally established dwellings or accessory dwelling units and guest quarters.
3. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter.
4. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc.
5. No Kitchen Facilities. Kitchens may not be installed and plumbing shall be provided for bathroom use only.
6. Design Review Required. All requests shall be reviewed for consistency with the City’s Design Review Manual in accordance with Article 18-33. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Design Review Committee for review.
7. Owner’s Agreement With the City. Prior to the issuance of construction permits, the Director may require that a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections and to allow the City, upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for addressing uses not defined specifically in this article, but that possess characteristics of unique and special form as to make their use acceptable in any district under certain specific conditions, compatible with the neighborhood. Conditions may be established through the use permit process by the Planning Commission to avoid life safety threats, adverse neighborhood parking, traffic congestion and noise/vibration impacts, characteristics and avoid the creation of nuisances.
b. General Requirements. Uses not otherwise identified in this article, such as Section 18-19.010, as determined by the Director, may be allowed in any zone subject to a use permit from the Planning Commission as follows:
2. Geothermal development.
4. Cemetery, columbarium, crematory, mausoleum.
5. Marinas and similar facilities.
6. Community clubs, private clubs or fraternal organizations.
7. Churches, schools, colleges, except those that are exempt under this chapter.
8. Country clubs and golf courses.
9. Utility and communication buildings unless specifically referenced in this Code.
10. Public and quasi-public uses of an administrative, public services or cultural type including special district, City, County, State or Federal facilities. (Ord. #271-2025, S2 (Exh. A))
USES ALLOWED IN SEVERAL ZONES
a. Purpose and Intent. The provisions codified in this article provide for certain temporary and intermittent uses. They establish standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations.
In approving a temporary or an intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures and site planning, in addition to performance standards specified below. The Director shall determine the extent to which any permanent on-site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in subsection (c) of this section.
The Director may refer any proposed temporary or intermittent use to an administrative hearing or to the Planning Commission for action.
b. Definitions. A temporary use is one which is established at a particular location for less than one (1) year. An intermittent use is one which occurs no more than ninety (90) days in a (calendar) year, but which may continue from year to year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g., parking lot sales, benefits and special events. Temporary and intermittent uses are not intended to serve the primary purpose of allowing flexibility from sign regulations or other City codes.
c. Specific Cases.
1. Real Estate Sales Offices in Residential Tracts. A temporary real estate sales office may be established in a residential development for the initial sale of property in that development, upon written approval by the Director. Such an office may be located within a residence or a common or temporary building. If a temporary building is used, it shall be removed upon termination of the use.
2. Portable Buildings Used for Construction Offices.
(a) Temporary Office. A zoning permit is required to allow a mobile home to be used as a temporary office at a construction site when associated with an active building permit. Said zoning permit shall not be valid for more than six (6) months and shall be subject to any conditions deemed necessary to protect the health, safety and general welfare of the public. The mobile home must be properly connected to municipal utilities or have other safe means of waste/water disposal. Upon written request received prior to expiration, the use may be continued for six (6) month periods, not to exceed a total of eighteen (18) months, by the Director.
(b) Temporary On-Site Caretaker/Resident Guard for a Construction Site. A zoning permit is required to allow a mobile home to be used as a temporary on-site caretaker/resident guard when associated with an active building permit. Said zoning permit shall not be valid for more than six (6) months and shall be subject to any conditions deemed necessary to protect the health, safety and general welfare of the public. The mobile home must be properly connected to municipal utilities or have other safe means of waste/water disposal. Upon written request received prior to expiration, the use may be continued for six (6) month periods, not to exceed a total of eighteen (18) months, by the Director.
3. Temporary Use of a Recreational Vehicle (RV), Travel Trailer, Camper or Similar Vehicle.
(a) Temporary use of a recreational vehicle, travel trailer and/or similar vehicle may be lawfully operated in a mobile home park, travel trailer park, recreational vehicle park or campground.
(b) Parking of vehicles for purposes of overnight camping or sleeping within City streets, areas of the public right-of-way and City-owned parking areas, is prohibited unless otherwise specifically allowed in this code, such as safe parking provisions of Section 18-19.350.
(c) Temporary Dwelling During the Construction of Primary Residence. A zoning permit is required to allow one (1) travel trailer, recreational vehicle, truck camper or similar vehicle to be used as a temporary dwelling in six (6) month intervals, not to exceed a total of eighteen (18) months when associated with an active building permit to construct a single-family dwelling. Said temporary use shall adhere to the following conditions:
(1) Shall be placed on the lot where the residence will be constructed.
(2) Shall be placed where it will not interfere with development of the parcel.
(3) Shall not be placed with the public right-of-way, within easements and/or block emergency access.
(4) Property owner shall secure and maintain an active building permit to construct a single-family dwelling(s) and complete the construction in a timely manner. If the building permit expires and/or the applicant fails to make building progress, including passing inspections, the zoning permit shall become null and void and the temporary dwelling shall be removed from the site.
(5) The temporary dwelling shall be connected to the sanitary sewer/water system, or a well or be self-contained. If self-contained, the unit must have a contract with a disposal agency to service the unit on a regular basis. A copy of the agreement must be provided to City representatives upon request.
(6) Upon securing temporary occupancy and/or final inspection, the recreational vehicle, travel trailer, truck camper or similar vehicle shall be disconnected from all utilities and stored on site as accessory to the primary established use and/or stored off site at an appropriate storage facility.
(7) The City may require and/or impose additional requirements as necessary, including revoking the zoning permit if found in violation of City Municipal Code Standards.
(d) Recreational Vehicle as a Guest Residence. A zoning permit may allow a recreational vehicle to be parked in a residential parking space and/or driveway of a parcel with an established residential dwelling for a period not to exceed seven (7) days, for the purpose of housing guests. Said temporary use shall adhere to the following conditions:
(1) The temporary guest recreational vehicle shall not be parked to prevent residents of any dwellings on the site from using their assigned parking spaces.
(2) The temporary guest recreational vehicle shall not be placed with the public right-of-way, within easements and/or block emergency access.
(3) The temporary guest recreational vehicle shall not discharge waste or sewage into the sanitary sewage system.
(4) No hose, electrical cord, pipe, wire, or other device extending from the vehicle may be permitted to encroach on any access easement or sidewalk.
(5) Upon expiration of the zoning permit (seven (7) days from date of issuance), the temporary guest recreational vehicle shall be removed and stored in compliance with all applicable codes and requirements.
(6) The City may require and/or impose additional requirements as necessary, including revoking the zoning permit if found in violation of City Municipal Code Standards.
(e) Vacant/Undeveloped Parcels. No recreational vehicle, motorhomes, travel trailers, camper shells, automobiles, or similar vehicles and equipment shall be placed, stored and/or used for living or sleeping quarters on undeveloped/vacant parcels, except in subsection (c)(3)(c) or (c)(3)(d) of this section.
4. Construction Activities. Construction and demolition, including fabrication of building components and other activities normally associated with property development and maintenance, may be conducted in any zone, provided they are pursued according to plans and procedures approved by the Building Official.
5. Parades, Carnivals, Fairs and Festivals. Use of privately owned property for parades, carnivals, fairs and festivals requires approval of an administrative use permit. Where these events involve public property, coordination with the City Clerk’s office is required.
6. Other Temporary or Intermittent Uses. Upon approval of a zoning permit or administrative use permit, the Director may approve other temporary or intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales and car shows. At the discretion of the Director, certain small-scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through administrative action without a public hearing. (Ord. #271-2025, S2 (Exh. A))
a. Sales of Christmas Trees and Other Agricultural Products. Upon written approval by the Director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers or seasonal produce, subject to the following requirements and any other conditions that the Director deems necessary to improve land use compatibility and/or assure the public’s health and safety.
1. Sales shall be limited to Christmas trees, pumpkins or seasonal produce and related accessory items only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures and signage shall be kept behind a ten (10') foot setback from all street rights-of-way and they shall be removed within ten (10) days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on site, subject to the approval of the Director, for the duration of the permit, if kept more than ten (10') feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed thirty-two (32) square feet. No bunting strips, banners, flags, whirligigs or other attention-getting devices shall be displayed on site without Director approval.
6. When the use is temporary or intermittent, the applicant may be required to post a refundable deposit, set by the Director to assure site cleanup, if necessary. Deposit shall be in the form of a cashier’s check to the City and shall be made prior to occupying the site.
7. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, subject to approval by the Fire Chief.
8. Any Christmas trees sold for use in public facilities shall be flame proofed with a State Fire Marshal approved material by a State licensed application.
9. Applicant shall obtain a City business tax certificate. A copy of the Director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.
10. The applicant shall secure a building permit for any structure requiring a permit associated with the use. The plan shall include a site plan that shows the proposed vehicular circulation pattern, parking layout and location of structures. Plans shall also demonstrate compliance with Title 24 requirements for disabled accessibility.
11. The use shall comply with all requirements of the County Environmental Health Department.
12. Restroom facilities shall be provided either on site or on a nearby property, subject to approval of the Director.
13. No sales or display shall take place in the public right-of-way.
14. Upon written receipt of complaints from the public or the Police Department, the Director’s approval may be scheduled for administrative hearing review. At the public hearing, the Hearing Officer may add, delete or modify conditions of approval or may revoke the approval.
b. Other Outdoor Sales. Outdoor sales of nonagricultural products, such as mobile food facilities, barbecues and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. “Outdoor sales” may be temporary, intermittent or permanent. “Outdoor sales” do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles and building or landscape materials. (See also Articles 6-4, Sidewalk Vendors; License Required; Regulations, and 6-9, Itinerant Businesses; Permits; Regulations.)
1. Other outdoor sales require approval of an administrative use permit, except in cases where the Director determines a Planning Commission use permit would be more appropriate. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening and other development standards usually related to buildings shall be established by use permit approval.
c. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of four (4) times within a twelve (12) month period subject to the following requirements:
1. Each garage or yard sale may not exceed three (3) consecutive days.
2. Each unit within multifamily or condominium projects and common interest subdivisions may have up to four (4) garage/yard sales in approved common areas with the permission of the homeowner’s association for sales within common areas, property owner or property manager.
3. Items shall consist of normally accumulated household items (clothing, furniture, etc.).
4. One on-site sign not to exceed four (4) square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right-of-way. On-site signs shall be consistent with applicable sign regulations.
5. Garage/yard sales are not permitted on vacant lots. (Ord. #271-2025, S2 (Exh. A))
a. Distribution facilities may be located in any zone; provided, that equipment on the ground in residential zones shall be screened by landscaped visual barriers.
b. Transmission lines may be located in any zone, provided the route is approved by the Planning Commission. Where feasible, transmission lines shall be located underground.
c. Other unmanned public utility structures may be located in any zone, provided an administrative use permit is approved by the Director. (Ord. #271-2025, S2 (Exh. A))
Commercial mining, including geothermal activities, is prohibited within City limits. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of gas stations and automobile repair in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Gas stations and automobile repair are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to certain performance standards.
c. Performance Standards. All gas stations and automobile repair shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Premises adjoining residential zones shall be screened from gas stations and automobile repair by a six (6') foot high landscaped visual barrier, subject to the limitations of Section 18-20.070, Fences, Walls, Trash Enclosures and Hedges.
2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk.
3. Bells or other sound signals shall be turned off between 10:00 p.m. and 7:00 a.m. if the gas station and/or automobile repair is located next to a residential zone or next to a residence.
4. Pump islands shall be located at least fifteen (15') feet from any street right-of-way line or setback line, except that roofs may extend to a point at least five (5') feet from such lines.
5. Repair work shall be conducted and dismantled vehicles shall be stored inside a building or area screened so that it is not visible from off the premises. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that have car wash facilities in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Car washes are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the following standards:
c. Performance Standards. All car washes shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Automated Car Washes.
(a) No automated car wash building or structure shall be located within twenty-five (25') feet of any public street right-of-way or within twenty-five (25') feet of a residentially zoned or developed property.
(b) Walls. Other than along a street frontage, an automated car wash facility shall be separated from an adjacent property by a masonry wall of not less than five (5') feet nor more than six (6') feet in height. If the location of the ingress and egress areas of the site may hinder or obstruct vehicular visibility to and from the subject site, the Planning Commission may allow the wall to be reduced to a minimum of three (3') feet in height for a maximum distance of eighteen (18') feet from the street frontage property line. Materials, texture, colors and design of all walls shall be compatible with the design of the principal structures on the subject site.
(c) No automated car wash building can exceed twenty (20') feet in width, fifty (50') feet in depth and twenty (20') feet in height.
2. Manual and Automated Car Washes.
(a) Queuing of Vehicles. An on-site queuing plan shall be approved by the City Engineer. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site and ensure that the car wash will not obstruct the use of the service station gasoline dispensers, drive aisles, back-up areas or parking spaces. Furthermore, vehicles should not queue onto a public street, alley or driveway.
(b) Water Recycling. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable State and Federal guidelines/standards and must be approved by Lake County Special Districts (if located within District).
(c) Noise. All car washes must comply with the City’s noise ordinance. The use of outdoor loudspeakers or public address systems is prohibited. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that have drive-through facilities in commercial zones. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, idling vehicles and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Drive-through facilities are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the following performance standards.
c. Performance Standards. All drive-through facilities shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Entries and/or exits to drive-through facilities should be a minimum of one hundred (100') feet from any intersection or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from road intersections may be approved if the City Engineer determines that public safety and/or the efficiency of traffic circulation will not be compromised.
2. Drive-through stacking lanes should be a minimum of one hundred (100') feet from any residential zoned lot.
3. Sound attenuation walls, landscaping or other mitigation measures may be required as necessary to mitigate drive-through speaker and traffic noise on nearby residential uses.
4. Drive-through aisles should have a minimum twelve (12') foot width on curves and a minimum eleven (11') foot width on straight sections.
5. Drive-through aisles should provide sufficient stacking area behind the menu board to accommodate a minimum of six (6) cars (approximately one hundred fourteen (114') feet).
6. No drive-through aisles should exit directly into a public right-of-way. Aisles should be integrated with the on-site circulation and should merge with the driveway.
7. Drive-through aisles should be separated from landscaping areas by a six (6") inch high, poured in place, concrete curb or other suitable protective device meeting City approval.
8. Landscaping should screen drive-through aisles to the extent feasible. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell secondhand goods, including antiques and pawn shops. Also, in accordance with California Business and Professions Code Sections 21300 and 21641, these regulations provide for licensing of these types of businesses by the City. These regulations, by their nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit and Clearances Required. Any retail sales of secondhand goods, including antique stores, secondhand or thrift shops, and/or pawn shops shall require clearance from the Police Department and a seller’s permit from the California Board of Equalization. Secondhand, thrift shops, and/or pawn shops shall require a use permit as specified in the zoning district regulations (refer to Table 5), subject to the following performance standards:
c. Performance Standards. All retail sales of secondhand goods shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment. Where applicable donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.
1. All donations at retail storefront sites are to be accepted during normal business hours as there are to be no donations accepted or left outside the facility after normal business hours. Donation drop-off activities shall either take place inside the building with donators entering the building and leaving items with an employee or if done outside the building the items must be directly given to a store employee.
2. All storage and sales of secondhand goods, including drop-off items, shall be within an enclosed building.
d. Unattended Donation Boxes.
1. Definitions for donation box facilities are referenced in Article 18-45 under donation box facilities.
2. Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of graffiti and blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns.
3. Responsibility. The parcel owner and the UDCB operator (operator) have joint and several liability for blight-related conditions and/or compliance with this section, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this section even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this section.
4. Maintenance.
(a) No blight shall be within twenty (20') feet of the UDCB including but not limited to donation/collection overflow, litter, debris, and dumped material.
(b) UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(c) UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this section.
(d) The operator shall maintain an active email address and a twenty-four (24) hour telephone service with recording capability for the public to register complaints.
(e) UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
5. Standards and Requirements.
(a) A UDCB is only permitted on a lot that also contains a principal building that contains at least one (1) operating business.
(b) UDCBs are prohibited within any of the following locations:
(1) Fifty (50') feet from lots that lie in a residential, detached unit residential, or mixed housing type residential zone as designated in the City’s Zoning Maps;
(2) The public right-of-way and twenty (20') feet of the public right-of-way;
(3) Five (5') feet from any property line; or
(4) Landscaping.
(c) UDCBs cannot block or impede access to:
(1) Required parking or driveways;
(2) Pedestrian routes;
(3) Emergency vehicle routes;
(5) Required handicapped accessibility routes;
(6) Required easements; or
(7) Trash enclosure areas or access to trash bins/trash enclosures.
(d) No more than one (1) UDCB is permitted per parcel unless documented evidence is submitted to the Director that a second bin is required due to the volume of items delivered to the site. A UDCB must be operating at a site for at least ninety (90) days in order to establish that a second bin is required. Both UDCBs shall have the same operator. No fee is required to submit an application for this second bin.
(e) The donation/collection area must be visible from the principal building and be no more than ten (10') feet from a continually operating light source of at least one (1) footcandle.
6. Contact Information Required. The UDCB must have the following information conspicuously displayed on at least two (2") inch type visible from the front of the UDCB:
(a) The name, address, twenty-four (24) hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the UDCB and the parcel owner/owner agent;
(c) Instructions on the process to register a complaint regarding the UDCB to the City Code Enforcement Division;
(d) The type of material that may be deposited;
(e) A notice stating that no material shall be left outside the UDCB;
(f) The pickup schedule for the UDCB;
(g) The parcel containing the UDCB shall display a sign with text in at least two (2") inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location within a radius of twenty (20') feet from the UDCB. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that are agritourism in any zone. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Agritourism businesses must be five (5) acres in size or greater, and are subject to a conditional use permit from the Planning Commission. Those less than forty (40) acres are subject to an administrative use permit from the Director. In both cases, agritourism businesses shall comply with the performance standards.
c. Performance Standards. All agritourism businesses shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
2. Provide sufficient parking in compliance with the City’s parking requirements (see Section 18-20.090).
3. Parking areas and access roads shall have an active dust control program.
4. All uses shall be accessory and supplemental to permitted agricultural use on site. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of wineries in any zone. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare, special regulation review of these uses is necessary.
b. Permit Required. Wineries are permitted subject to a conditional use permit as specified in the zoning district regulations, subject to the performance standards.
c. Performance Standards. All wineries shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Provide sufficient parking in compliance with the City’s parking requirements (see Section 18-20.090).
2. Access roads to winery structures shall meet State and local fire safe standards as determined by the Fire District. Alternative design allowances and/or requirements may be determined on a case-by-case basis for modification to the standards, dependent upon anticipated level of use, site constraints, turnout opportunities, road length, slope and other site-specific issues.
3. If a winery is accessed from a County, City or State maintained road/highway, an encroachment permit may be required to address ingress, egress and sight-distance requirements.
4. If a winery is accessed by a private road, the applicant shall provide reasonable proof of access rights as determined by the City Engineer.
5. If the winery is served by well water and there are more than twenty-five (25) people on site in a sixty (60) day period, employees and guests shall be provided with bottled water for consumption, unless otherwise approved by the County Environmental Health Division. Well water shall meet potable water standards for the purposes of dishwashing and hand washing.
6. All solid waste shall be stored in a manner that prevents the propagation, harborage or attraction of flies, rodents, vector or other nuisance conditions. Pomace, culls, lees and stems may be recycled on site in accordance with the report of waste discharge approved for each individual winery by the Regional Water Quality Control Board.
7. Standards for waste disposal shall be set, where applicable, by the regional water quality control board and shall be stipulated in the report of waste discharge.
8. If public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with City Code and sized to accommodate employee, tasting room and commercial sewage flows. Portable toilets may be approved by the City for temporary and promotional events.
9. The primary focus of the tasting area shall be the marketing and sale of the wine and grape products produced at the winery. Incidental sales of wine-related merchandise and food shall be allowed subject to the requirements of the California Retail Food Code. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell alcohol for on-sale or off-sale consumption in commercial zones. Also, in accordance with California Alcoholic Beverage Control (ABC) Act, as may be amended from time to time, these regulations provide for licensing of these types of businesses by the City. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses is necessary.
b. Permit and Clearances Required. Alcoholic beverage sales, including adding to the capacity, floor area or shelf space devoted to alcoholic beverages, may be permitted once applicants have secured clearances from the California Alcoholic Beverage Control Department, the Clearlake Police Department, and upon securing the appropriate use permit defined in Table 8.
Table 8. Alcoholic Beverage Sales and On-Site Consumption Uses
Sales Activity | Required Permit |
|---|---|
Alcoholic beverage sales and on-site consumption when associated with a sit-down restaurant | Permitted |
Sells and serves beer and wine only | Administrative Use Permit |
Sells or serves alcoholic beverage (except beer and wine alone) | Conditional Use Permit |
c. Performance Standards. All alcoholic beverage sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
Table 9. Alcoholic Beverage Performance Standards
Performance Standards for Alcoholic Beverage Sales
Applicable to: | |
|---|---|
NSB/FSB | All servers within 90 days of employment receive “responsible beverage service training,” and the City have documentation of this training, retained on the premises. |
NSB/FSB | All graffiti shall be removed on any part of the property within 48 hours of its appearance. |
NSB/FSB | A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted on the site at all times. |
NSB/FSB | A copy of the conditions of approval must be kept on premises and available upon request. |
NSB/FSB | Trash receptacles shall be located at convenient locations outside the establishment and operators of the business shall remove all trash on a daily basis. |
NSB/FSB | If any of the conditions are found to be disregarded, the use permit for alcohol sales may be revoked and this aspect of the business operation may be immediately suspended. |
NSB | |
NSB | Establish and maintain a “complaint response/community relations” program with the Police Department. |
FSB |
d. Criteria for Approving an Alcoholic Beverage Use Permit. When approving a use permit for alcoholic beverage sales, the following circumstances related to public convenience or necessity shall be considered by the decision-making body:
1. The number of businesses having authority to sell alcoholic beverages in the census tract of applicant;
2. The extent to which crime reporting has been experienced within the project vicinity neighborhood or area;
3. The extent to which the ratio of on-sale retail establishments or off-sale retail establishments, including consideration of the size of those establishments, of the census tract in which the project is located exceeds the population ratio of on-sale or off-sale, respectively, of County;
4. The concentration of other similar liquor-related businesses within the project vicinity or area;
5. The proximity of the project to schools, parks, playgrounds, recreational centers, day cares or similar use;
6. Other criteria that may come under consideration when reviewing the application for the use permit, including, but not limited to:
(a) The proposed establishment will promote the City’s economic health, contribute to Clearlake General Plan policies or further district purposes;
(b) The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;
(c) The applicant has not operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations;
(d) The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;
(e) The extent to which products other than alcoholic beverages are sold by applicant and the extent to which alcoholic beverages are incidental to the other products; and
(f) The extent to which the particular alcohol products being sold may be subject to abuse. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell tobacco in commercial zones. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses are necessary.
b. Permit and Clearances Required. Tobacco product sales, including adding to the capacity, floor area or shelf space devoted to tobacco products, may be permitted upon securing clearances from the Police Department, a cigarette and tobacco products retailer’s license from the California Department of Tax and Fee Administration in accordance with Section 22971 of the Business and Professions Code, and upon securing either a use permit from the Planning Commission or may be permitted by right depending on the specific sales activity as defined in Table 10 (as defined in Section 22971(p) of the Business and Professions Code) must have a cigarette and tobacco products retailer’s license.
Table 10. Tobacco Products Use
Sales Activity | Required Permit |
|---|---|
Tobacco product nonspecialized retail sales | Allowed by right within commercial zoning and mixed-use zoning districts (subject to compliance with performance standards referenced in subsection (c) of this section) |
Tobacco product specialized retail sales | Conditional use permit |
c. Performance Standards. All tobacco retail sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. No self-service displays or vending machines for tobacco products, paraphernalia or electronic smoking devices shall be allowed.
2. Tobacco product retail sales shall be located within a fixed location within an enclosed building.
3. No tobacco product specialized retail sales shall be located within six hundred (600') feet of any public school as measured from the closest point on the property line of the parcels containing the tobacco sales and the school. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate personal cultivation of cannabis within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Personal cultivation of cannabis within the City is subject to the provisions of Article 18-41 (Cannabis Personal Cultivation). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate cannabis dispensaries within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability Limitation. Cannabis dispensaries and cannabis microbusinesses may be allowed in the CBR Combining District, but shall be limited to a maximum of three (3) cumulatively within the City.
c. Cannabis Business Use Permit Required. Cannabis business use permits, which may be revocable, conditional or valid for a term period, may be issued by the Planning Commission for any of the uses or purposes for which such permits are required or permitted by, and subject to all of the provisions of, Article 5-20. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate commercial cannabis businesses, such as commercial cultivation, manufacturing, distribution and testing, within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Commercial cannabis businesses, such as commercial cultivation, manufacturing, distribution, testing laboratories, microbusinesses, dispensaries and delivery-only dispensaries, may be allowed in certain zones in accordance with the City’s use regulations (Article 18-18). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. It is the purpose and intent of the City to regulate adult oriented entertainment businesses in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake.
b. Applicability. Adult entertainment may be allowed in certain areas within the IN-AE Industrial Base Zoning District, Adult Entertainment Combining District in accordance with the City’s use regulations, Article 18-18 and subject to the provisions of Article 18-16 (Adult Entertainment (AE) Combining District regulations). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of the City are to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and to increase the recycling of reusable materials and to regulate the construction, installation, location and activities of recycling facilities and to adopt a comprehensive and easily understood program of permitting and regulating such uses. However, it is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts, that require special consideration. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses are necessary.
b. Exempt Facilities. Exemptions to the provisions of this section shall be granted by the City subject to the provisions of State law. Recycling facilities intended for use by the City are exempt from the regulations of this section. Reverse vending machines located within an existing commercial or industrial building are commercial or industrial accessory uses and are exempt subject to compliance with performance standards.
c. Permit Required. Unless exempt from this section, recycling facilities may be permitted subject to a use permit as specified in the zoning district regulations, subject to the performance standards referenced in Table 11; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment as referenced in the following table. Reverse vending machines located outside a building shall be subject to a use permit.
Table 11. Recycling Facilities Performance Standards
RVM – Reverse Vending Machines (outside a building)
SRC – Small Recycling Centers
LRC – Large Recycling Centers
RPC – Recycling Process Centers
Applicable to: | |
|---|---|
RVM | Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation. |
RVM, SRC | Shall not occupy parking spaces required by the primary use. |
RVM | Shall occupy no more than 50 square feet of floor area per installation, including any protective enclosure and shall be no more than 8 feet in height. |
RVM | Shall be constructed and maintained with durable waterproof and rustproof material. |
RVM | Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to contact if the machine is inoperative. |
RVM | Machines shall be maintained in good appearance and condition and kept clean. |
RVM | Shall be in operation at least during the operating hours of the host use. |
RVM | Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. All illumination shall require prior City authorization. |
SRC | Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil shall not be accepted in commercial zoning districts. |
SRC | Shall not use power-driven processing equipment except for reverse vending machines. |
SRC/LRC/RPC | Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is unattended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. |
SRC | Shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present. |
SRC/LRC | Shall be maintained free of litter and any other undesirable materials; mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day; containers shall be maintained in good appearance and condition and be kept clean. |
SRC/LRC | Recycling facilities shall not be located within 50 feet of a residential property; attended facilities located within 100 feet of a residential property shall operate only during the hours between 8:00 a.m. and 5:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends. |
SRC/LRC | Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and/or acoustical shielding between the containers and the residential use. |
SRC | Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers. |
SRC | Shall be landscaped for screening purposes as determined by the Planning Commission. |
SRC | Shall operate at least 30 hours per week between the hours of 9:00 a.m. and 5:00 p.m., of which 5 hours must be on Saturday. |
LRC/RPC | Does not abut a property zoned or planned for residential use or is at least 150 feet from property zoned or planned for residential use. |
LRC | Shall be screened from the public right-of-way by operating in an enclosed building or located within an area enclosed by a screening fence or wall between 6 to 8 feet in height with landscaping. |
LRC | All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the City Official. No storage, excluding trailers and transport containers, will be visible above the height of the fencing. Trailers and transport containers shall not be stacked on top of each other. |
RPC | Shall operate in a wholly enclosed building except for incidental storage or within an area enclosed on all sides by a screening fence or wall not less than 8 feet in height and landscaped on all street frontages; such fences or wall shall be set back a minimum of 20 feet from the front property line. |
RPC | Power-driven processing shall be permitted, provided all noise level requirements are met. Recycling processing centers shall be limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. |
RPC | Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Chief. No storage, excluding truck trailers and transport containers, will be visible above the height of the fencing; trailers and transport containers shall not be stacked on top of each other. |
(Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow limited use and/or installations of cargo containers (containers that were originally designed as an intermodal freight container that could be transported by ships, trains, cargo planes and trucks) with reasonable standards to preserve neighborhood character and quality of appearance.
b. Permit Required. Temporary cargo containers (those used for no more than six (6) months for construction projects) are subject to zoning permit approval by the Director and subject to certain performance requirements provided in this section. Permanent cargo container installations within the Industrial Zoning designations shall require approval of an administrative use permit. Permanent cargo containers are prohibited in LDR, MDR, HDR, MUX, DC, RR, and Open Space.
c. Performance Standards. All cargo containers shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Temporary Storage for Industrial Uses. Cargo containers may be permitted as temporary storage for industrial uses and shall be subject to the following standards:
(a) Shall be visually screened from residential areas if located within one hundred (100') feet of a residential zone;
(b) Shall not be stacked;
(c) Shall not occupy any required parking spaces, landscaped area or pedestrian access (may occupy parking areas if there is sufficient parking and they do not preclude safe access);
(d) Shall be painted a uniform color approved by the Director;
(f) Shall be maintained free of graffiti;
(h) Shall be removed within thirty (30) days of completion of project (i.e., final sign off, occupancy, etc.).
Temporary cargo containers that do not comply with these performance standards may be approved with a use permit from the Planning Commission.
2. Permanent Storage for Industrial Uses. Any other installation of cargo containers (other than temporary storage) shall be considered permanent structures, shall only be permitted in the IN Zone and shall be subject to all zoning requirements and design review, including installation on a permanent foundation. Cargo containers as permanent installations shall be subject to the following standards:
(a) Shall be visually screened from residential areas if located within one hundred (100') feet of a residential zone or if located within a known scenic corridor. Said screening includes but is not limited to buildings, fencing, landscaping, walls, wood/decorative siding/cladding and a roof;
(b) Shall not be stacked;
(c) Shall not occupy any required parking spaces, landscaped area or pedestrian access (may occupy parking areas if there is sufficient parking and they do not preclude safe access);
(d) Shall be painted a uniform color on the project site approved by the Director;
(e) Shall be equipped with a mechanical latch to hold the door in the open position or equipped with a mechanism to unlock the door from the inside when the structure is occupied;
(f) Shall be maintained free of graffiti;
(h) Shall not have separate sewer, water or electrical services except for needed lighting purposes.
Permanent cargo containers that do not comply with these performance standards are subject to design review in accordance with Article 18-33 and may be approved with a conditional use permit from the Planning Commission. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow limited use and/or installations of vending machines with reasonable standards to preserve neighborhood character and quality of appearance.
b. Allowed and Performance Standards. Indoor vending machines are accessory to allowed uses. Outdoor vending machines are allowed in all commercial, mixed-use and industrial zones subject to the following performance standards:
1. Shall be located along the face of a building or against a structure designed to accommodate them;
3. Shall occupy not more than ten (10%) percent of the length of the wall facing the street or access drive or twenty (20') feet, whichever is less;
4. Shall not obstruct private pedestrian walkways; a minimum of forty-four (44") inches shall be kept clear of obstructions or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks.
Vending machines that do not comply with these performance standards are subject to design review approval in accordance with Article 18-33. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of small residential solar energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community.
b. Permit Required and Expedited Processing. Small residential solar energy systems may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards referenced in this section. The permit process for residential rooftop solar systems shall be expedited consistent with the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
c. Performance Standards. All small solar energy systems shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. They shall meet applicable health and safety standards and requirements imposed by the City and the State of California.
2. Systems that heat water shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. Systems that produce electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of small wind energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community. These systems consist of a wind turbine, a tower and associated control or conversion electronics, which have a rated capacity of not more than ten (10) kW of power.
b. Permit Required. Small wind energy systems may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards referenced in this section.
c. Performance Standards. All small wind energy systems shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. They must have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the Commission’s Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.
2. A minimum parcel size of five thousand (5,000) square feet is required for the placement of any small wind energy system. The maximum rated capacity for lots less than one-half (0.5) acre is two (2) kW and less. The maximum rated capacity for lots greater than one-half (0.5) acre is ten (10) kW and less.
3. No part of a small wind energy system shall be located within or over drainage, utility or other established easements.
4. A maximum of one (1) small wind energy system per parcel is permitted on parcels less than one (1) acre in size. A maximum of one (1) small wind energy system per acre is permitted on parcels greater than one (1) acre in size.
5. They shall comply with the minimum setbacks for the zoning district. The location may be modified as part of the design review process to place the wind energy system as far as possible from the property lines. The small wind energy systems shall not be allowed in the front yard or a side yard with frontage.
6. The maximum height of a small wind energy system for lots less than one-half (0.5) acre is thirty (30') feet and forty (40') feet for lots greater than one-half (0.5) acre. “Tower height” shall mean the height above grade of the fixed portion of the tower, excluding the wind turbine itself.
7. No portion of the turbine or tower shall be illuminated.
8. Any climbing foot pegs or rungs below twelve (12') feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section so it cannot readily be climbed.
9. Each small wind energy system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation. The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be ten (10') feet as measured at the lowest point of the arc of the blades.
10. No small wind energy system or combination of small wind energy systems on a single parcel shall create noise that exceeds a maximum of sixty (60) CNEL (Community Noise Equivalent Level), as measured at the closest neighboring dwelling. These levels, however, may be exceeded during short-term events such as utility outages and severe wind storms.
11. The system’s tower and supporting structures shall be painted a single neutral, nonreflective, nonglossy color that visually blends with the surrounding natural and built environments.
12. Electrical Wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.
13. They shall be maintained in good repair, as recommended by the manufacturer’s scheduled maintenance or industry standards and shall be free from rust.
14. Signs/Labels. All signs, with the exception of manufacturer’s, installer’s identification, appropriate warning signs or owner identification, are prohibited.
15. They shall comply with applicable FAA (Federal Aviation Administration) regulations, including any necessary approvals for installations.
16. If found to be unsafe by the Building Official they shall immediately cease operation upon notification by City and shall be repaired by the owner to meet Federal, State and local safety standards or be removed within six (6) months.
17. Small wind energy systems that are not operated for a continuous period of twelve (12) months shall be removed by the owner of the small wind energy system.
18. When a small wind energy system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the small wind energy system remaining stationary so that wind resources are not being converted into electric or mechanical energy. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish regulations which regulate the installation of dish-type satellite antenna to help protect public safety and preserve view corridors and neighborhood character.
b. Residential Performance Standards. The installation of dish-type satellite antenna may be permitted in all residential zones subject to the following criteria:
1. Antenna Size. Maximum diameter to be ten (10') feet.
2. Setback. No part of a satellite dish antenna may be located in any required street or other yard. Antennas located outside a street yard setback but between the residence and the street are prohibited.
3. Height. Maximum antenna height to be thirteen (13') feet. All satellite dishes higher than side or rear yard fences shall be screened from neighboring properties. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by use permit. Any antenna that may block significant views from neighboring buildings or from public areas shall be subject to design review.
4. Number. One (1) dish-type satellite antenna is allowed per site, in addition to normal television and radio antennas.
c. Commercial Performance Standards. The installation of dish-type satellite antenna may be permitted in the office, commercial and industrial zones subject to the following criteria:
1. Installation shall be subject to design review in accordance with the adopted Design Review Committee ordinance and guidelines.
2. Installations shall not be permitted within a street yard.
3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.
d. Exceptions.
1. Dish-type satellite antenna installations that are less than one (1) meter in diameter are exempt from these regulations unless proposed on a historic building.
2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections (c) and (d) of this section may be considered if an administrative use permit is obtained. Conditions imposed as part of use permit approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, city vistas or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color and landscaped screening.
e. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be permitted in the Open Space/Conservation Zone subject to an administrative use permit and subject to design review in accordance with Article 18-33 or design review manual/committee guidelines.
f. Building Permit Required. All satellite dish installations require issuance of a building permit. This is to ensure that dishes are structurally sound and properly grounded. Plans submitted for a building permit for a roof-mounted or pole-mounted installation require certification by a registered engineer. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of electric vehicle charging stations for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community.
b. Permit Required and Expedited Processing. Electric vehicle charging stations may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards. Consistent with Government Code Section 65850.7, the process of reviewing an electric vehicle charging station shall be expedited consistent with the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. For larger commercial level electric vehicle charging stations that are a single and primary use, a separate use permit may be required (see Table 5).
c. Performance Standards. All electric vehicle charging stations shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association and accredited testing laboratories such as Underwriters Laboratories and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.
2. Shall meet the electrical code requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Shall be anchored by either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. #271-2025, S2 (Exh. A))
a. Purpose. To establish standards for the development, siting and installation of wireless telecommunications facilities; to protect and promote public health, safety and welfare; and to preserve view corridors and avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through design review and use permit application processing to address site-specific conditions.
b. Exempt Facilities. The following wireless telecommunications facilities are exempt from the requirements of this section:
1. Government-owned communications facilities used primarily to protect public health, welfare and safety.
2. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards set forth in Section 18-19.220 et al.
4. Any facility specifically exempted under Federal or State law.
c. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunications facility, or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and design review.
2. The co-location of a new wireless telecommunications facility with an existing approved installation or minor modification of an existing installation shall be subject to design review approval.
3. The applicant shall submit application materials and fees as required by the Community Development Department.
d. Building Permit Required. Wireless telecommunications facilities shall not be constructed, installed or modified prior to obtaining a City building permit.
e. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.
2. Height. The height of any antenna or support equipment shall be determined as part of the use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the Director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.
(a) Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.
(b) Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.
(c) All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the Director. Electrical and telephone service to the support equipment shall be undergrounded.
(d) Ground-mounted antennas, poles, structures, equipment or other parts of a telecommunications facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.
5. Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are present at night and except for exempt facilities.
6. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the City with a notice of intent to modify site equipment in any way. At the time of modification, co-location or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the Director. Unused or obsolete equipment or towers shall be removed from the site within ninety (90) days after their use has ceased.
7. Number of Facilities per Site. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites to prevent negative visual impacts associated with multiple facilities.
8. Co-location. All facilities shall provide co-location opportunities to other operators to the extent technically feasible without significant impairment to broadcast or reception capabilities. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Facilities shall also provide co-location opportunities to accommodate governmental emergency communication equipment and operation to the extent that such communication equipment and related operations will not adversely affect broadcast or reception capabilities of the applicant’s facility. Failure to comply with co-location requirements may result in the denial of a permit request or revocation of an existing permit.
9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five (55) dB at the property line or within twenty (20') feet of such equipment, whichever is less. This requirement may be modified at the discretion of the Director where typical ambient noise levels exceed fifty-five (55) dB. Outdoor noise producing construction activities shall take place only on weekdays between the hours of 8:00 a.m. and 5:00 p.m. unless a different schedule is approved as part of the use permit.
10. Backup Generators. Unless specifically exempt by the Planning Commission, all facilities shall use a temporary backup generator that can provide backup power for a minimum for seventy-two (72) hours. These generators shall be required to meet or exceed Air Pollution Control District standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the Air Pollution Control District. Project plans shall indicate location, size, horsepower and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.
11. Biological Impacts. Wireless telecommunications facilities shall minimize potential impacts to biological resources.
12. Cultural Impacts. Wireless telecommunications facilities shall minimize potential impacts to cultural resources (including Native American resources).
13. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the City has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the City and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the use permit, at the expense of the facility owner/operator.
14. Radio Frequencies and Electromagnetic Exposure.
(a) Wireless telecommunications facilities operating alone or in conjunction with other telecommunication facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RF radiation emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity.
(b) The City may require one (1) or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the Director, upon receipt of written complaints, the use permit allowing a telecommunications facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted or modified or the use permit may be revoked.
17. Interference With Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.
18. City Inspection. The City shall have the right to access facilities after twenty-four (24) hours’ written or verbal notice.
f. Abandonment. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to vacate the site a minimum of thirty (30) days prior to ceasing operation. Any wireless telecommunications facility that is not operated for a continuous period of ninety (90) days shall be removed within ninety (90) days of the date upon which the operation ceased.
g. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Director may schedule a public hearing before the Director to consider revocation of the permit. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The provisions set forth in this section are intended to allow the conduct of a home occupation as an accessory activity of a nonresidential nature which is performed within a living unit or within a garage or accessory building reserved by an occupant of the living unit and which is customarily incidental to the residential use of the living unit. These uses are intended to be incidental to and compatible with surrounding residential neighborhood. A “home occupation” is gainful employment engaged in by the occupants of a dwelling.
b. Permit Required.
1. The conduct of home occupation requires the approval of a home occupation permit from the Director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his/her home, or uses his/her home address as a business address on business licenses and tax certificates. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.
2. State licensed child day care centers for fourteen (14) or fewer children are exempt from home occupation regulations or as provided under applicable sections of the Health and Safety Code.
c. General Requirements.
1. Home occupations shall not involve customer access or have other characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.
2. There shall be no customers or clients except for:
(a) Private instruction, such as education tutoring, music or art, on an individual basis, provided there are not more than eight (8) visits in any one (1) day.
(b) Physical therapists, including massage or other therapists, who shall have no more than one (1) client on site at any time and no more than eight (8) visits in any one (1) day.
(c) Attorneys, accountants and other low visitation consultants who shall have no more than one (1) client on site at any time (except for overlapping appointments) and no more than eight (8) visits in any one (1) day.
(d) Businesses with customer access shall maintain at least one (1) on-site customer parking space in addition to their required residential parking. For the purposes of this section only, parking in a driveway that has a minimum depth of twenty (20') feet from the back of sidewalk or street right-of-way (whichever is more restrictive) and is made available to customers during business hours of operation shall meet the definition of a parking space.
3. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.)
4. There shall be no sales, rental or display on the premises (internet and phone sales allowed).
5. There shall be no signs other than address and names of residents.
6. There shall be no advertising of the home occupation by street address except that the street address may be included on business cards and business correspondence originating from the home.
7. No vehicle larger than a van or three-quarter (3/4) ton truck may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two (2) square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one (1) additional vehicle and/or trailer.
8. The home occupation shall not encroach on any required parking, yard or open space area.
9. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence.
10. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.
11. No use shall create or cause noise, dust, vibration, smell, smoke, glare or electrical interference or other hazard or nuisance.
12. No employees other than residents of the dwelling shall be allowed to work on site. (Visitors, babysitters or domestic servants are not considered employees of a home occupation.)
13. Clients or customers shall not visit the home occupation between the hours of 7:00 p.m. and 7:00 a.m.
14. If the home occupation is to be conducted from rental property, the property owner’s written authorization for the proposed use shall be submitted to the Director.
15. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). Direct customer pick-up is prohibited.
d. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones and therefore shall not be permitted as home occupations; however, off-site work is permitted:
1. Automotive repair (body or mechanical) or detailing, sound systems, upholstery or painting of automobiles, when performed on the same site as the home occupation.
2. Personal services, such as beauticians and estheticians.
3. Carpentry or cabinet making.
4. Welding or machining.
5. Medical offices, clinics, laboratories, except that counseling is permitted, when no more than one (1) client visit or group session is held at one (1) time.
6. Appliance, radio or television repair.
7. Print shop or photograph development; digital photo production is permitted.
8. Gun or ammunition sales, except for off-site sales (subject to approval by the Police Chief).
9. Storage, repair or reconditioning of motorized vehicles, boats or recreation vehicles or large equipment, repair or reconditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment when performed on the same site as the home occupation.
10. Tow truck and ambulance services. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the City, to ensure that day care facilities will be compatible with residential uses and to comply with applicable sections of the Health and Safety Code of the State of California.
b. Permits Required.
1. Adult day care facilities serving six (6) or fewer clients on site at one (1) time and small family day care homes for eight (8) or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required.
2. Adult day care facilities serving seven (7) to twelve (12) clients on site at one (1) time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Director, consistent with the following review procedures:
(a) Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a one hundred (100') foot radius of the exterior boundaries of the proposed facility site, no fewer than ten (10) days prior to the Director’s action to approve or deny an application for a day care facility serving seven (7) to twelve (12) adults or nine (9) to fourteen (14) children. If no written request for hearing is received by the Community Development Department within ten (10) days from the mailing of these notices, the Director may approve the requested use upon submission of all required information and without further notice or public hearing.
(b) Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person.
(c) Approval. The Director is authorized to approve day care facilities serving seven (7) to twelve (12) adults or seven (7) to fourteen (14) children. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when the Director determines that the proposed facility:
(1) Complies with all applicable provisions of the Fire Code regarding health and safety; and
(2) Complies with property development standards, Article 18-20, and with sign regulations, Article 18-21; and
(3) Has been issued a day care license from the State of California, Department of Social Services; and
(4) Will satisfy performance standards of this section relating to noise, traffic and parking.
(d) City Regulatory Authority for Family Day Care Homes. In accordance with the California Health and Safety Code, the City cannot deny an application for a large family day care home, but can apply standards or conditions of approval to address concentrations of these types of uses within a neighborhood, traffic control and parking and noise control. Also, in accordance with State law, the City may not impose fees for small or large family day care home applications or business licenses.
3. Day care facilities serving more than twelve (12) adults or more than fourteen (14) children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 18-18.010, Uses Allowed by Zone, and Article 18-28, Use Permits. These facilities are subject to the performance standards outlined below.
c. Performance Standards for Day Care Facilities Serving More than Six (6) Adults or More than Fourteen (14) Children.
1. Noise. The day care facility shall be subject to all applicable provisions of the City’s noise regulations and General Plan noise element. Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.
3. Parking.
(a) Day care facilities with seven (7) to twelve (12) adults or nine (9) to fourteen (14) children, one (1) on-site parking space is required, in addition to parking required for the residence, except when the Director finds that adequate on-street parking exists for dropping off and picking up clients.
(b) Day care centers with more than twelve (12) adults or more than fourteen (14) children must provide two (2) spaces per facility and one (1) space for each twelve (12) day care clients (based on the facility’s license), rounded to the nearest whole number, in addition to any spaces required for the residential use.
d. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches and where an employer provides on-site child care to fourteen (14) or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.
e. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Director may authorize minor exceptions to performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the Zoning Regulations and consistent with City day care policy.
f. Nonconforming Status. All day care facilities licensed by the State at the time of ordinance adoption (2020) shall be considered legal nonconforming uses, consistent with Article 18-23, except that nonconforming day care facilities may not be changed to another nonconforming use. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish standards for the development and operation of bed and breakfast establishments within all residential zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration and design of bed and breakfast establishments is consistent with or does not negatively affect the character or function of the neighborhood and surroundings. Bed and breakfast businesses located in mixed-use and commercial zoning districts are considered hotels and not subject to the criteria of this section.
b. Applications and Approvals Required. A bed and breakfast inn is allowed as specified in Section 18-18.030. In addition to the applicable use permit requirement, review by the Design Review Committee may be required depending upon the type of changes proposed to any structure intended for use as a bed and breakfast inn.
c. Performance Standards. These standards apply to all bed and breakfast homes or inns.
1. The use permit is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood.
2. A bed and breakfast inn must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City.
3. A City business license is required and remittance of transient occupancy tax and short-term rentals is required.
4. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use.
5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like.
6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home.
7. There shall be no separate or additional kitchen facility for the guests.
8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises.
9. Any signage for a bed and breakfast establishment shall comply with the City’s sign regulations (refer to Article 18-21).
10. The main building of the bed and breakfast establishment must be the “primary residence” of the owner or manager of the bed and breakfast use.
11. Accessory buildings and structures may also be used for bed and breakfast guest rooms.
12. Factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses.
13. All bed and breakfast facilities shall maintain garbage and recycling services from City’s selected service agency.
14. Provision of parking in compliance with Section 18-20.090(w) (Required Parking for Special Uses). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. To establish standards for the development and operation of vacation rentals within all residential and mixed use zones in the City as described in Section 18-18.030 (Table 5). The purpose of these regulations is to allow rental of a residential dwelling unit as a vacation rental (as that term is defined in Article 18-45: A dwelling/room that is rented or leased for compensation for less than 30 consecutive days. Such rentals are referred to as transient rentals, short-term vacation rentals and resort dwelling units) in the City with reasonable standards to preserve the residential neighborhood character and quality of life.
b. Violation – Nuisance – Applicability. The provisions of this section shall apply to all vacation rentals except where there is a primary owner in residence. It is unlawful and a violation of this section, and is hereby declared a public nuisance, for any person or entity owning, renting, leasing, occupying, or having charge, control or possession of any real or improved property within the City of Clearlake to cause, permit, maintain or allow any violation of this section to exist thereon. Any violation of this section is punishable as a misdemeanor and/or as otherwise permitted by this Code. Each violation of this section that exists constitutes a separate and distinct violation as does each and every day or portion thereof that any violation exists. Vacation rentals shall not be permitted in nonhabitable structures. Vacation rentals shall also not be permitted within secondary, accessory or junior accessory dwelling units, nor in structures or dwellings with City covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under a Williamson Act Contract. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a vacation rental.
c. Permits Required. Vacation rentals that meet the standards outlined in this section shall be allowed as provided by the underlying zone, subject to issuance of a vacation rental permit through a zoning permit by the Director, who may add, delete or modify conditions to further the intent of this section.
d. Term of Permit. Zoning permits shall run with the landowner and shall automatically expire upon sale or transfer of the property.
e. Permit Requirements.
1. Maximum Number of Guest Rooms. Vacation rentals may have a maximum of five (5) guest rooms or sleeping rooms. Vacation rentals with more than five (5) guest rooms or sleeping rooms may only be allowed if adequate sewage disposal capacity exists and neighborhood compatibility can be demonstrated to be determined by the approval of a use permit from the Planning Commission. For purposes of determining the appropriate level of permit required, the actual number of bedrooms in the structure plus any additional rooms intended or used for sleeping shall be used.
2. Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guest room, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under three (3) years of age. Vacation rentals with larger overnight occupancies may only be allowed subject to the granting of a use permit. For homes on a conditional or nonstandard septic system, or those with capacity limited by a voluntary repair, the maximum overnight occupancy for vacation rentals shall be equal to the design load of the septic system. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.
3. Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum overnight occupancy plus six (6) additional persons per property during the daytime, or eighteen (18) persons, whichever is less, excluding children under three (3) years of age. Daytime visitors shall not be on the property during quiet hours (10:00 p.m. to 7:00 a.m.).
4. Owner Occupancy. All vacation rentals shall be owner occupied which means that the owner of the vacation rental unit shall occupy the rental dwelling unit at least fifty-one (51%) percent of the time during the year.
5. Parking. Parking shall be provided in compliance with the City’s parking requirements (see Section 18-20.090).
6. Noise Limits. All activities associated with the vacation rental shall meet the general plan noise standards contained below. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours and limits on outdoor activities are included in rental agreements and in all online advertisements and listings.
7. Amplified Sound. Outdoor amplified sound shall not be allowed at any time associated with a vacation rental.
8. Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.
9. Trash and Recycling Facilities. Recycling and refuse storage bins shall not be stored within public view unless in compliance with neighborhood standards. Recycling and trash receptacles shall be returned to screened storage areas within twenty-four (24) hours of trash pick-up.
10. Outdoor Fire Areas. Outdoor fire areas, when not prohibited by State or local fire bans, may be allowed but shall be limited to three (3') feet in diameter, shall be located on a noncombustible surface, shall be covered by a fire screen, and shall be extinguished as soon as they are no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25') feet of a structure or combustible material.
11. Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.
12. Transient Occupancy Tax. The vacation rental owner or authorized agent shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertising or websites.
13. Twenty-Four (24) Hour Property Manager. All vacation rentals operating within the City must have a verified property manager who is available twenty-four (24) hours per day, seven (7) days per week during all times that the property is rented or used on a transient basis. Verified property managers may be professional property managers, realtors, property owners, or other designated person; provided, that the individual is identified on the property’s permit application, all contracts or rental agreements and in any advertising or websites. Property managers must be located within a thirty (30) mile radius of the vacation rental and must be available to respond to complaints at all times during the rental period. Any requested change to the property manager for a vacation rental property shall be made through submittal of a new vacation supplemental application or similar form provided by the City and shall include the signature of the property manager and the desired effective date of the change. In no case may a vacation rental operate without a current verified property manager. Operation of a vacation rental without a verified property manager shall be considered a violation of this section. The name and twenty-four (24) hour contact information of the verified property manager shall be provided to any interested party upon request. Owner occupancy requirements under subsection (e)(4) of this section will require owner to also comply with this provision.
14. Emergency Access. The owner of any vacation rental located behind a locked gate or within a gated community shall provide gate code or a lockbox with keys (“Knox Box” or similar) for exclusive use by law enforcement or fire services departments.
15. Posting and Neighbor Notification of Permit and Standards. Once a vacation rental permit has been approved, a copy of the permit listing all applicable standards and limits shall be posted within the vacation rental property. The owner shall post these standards in a prominent place within six (6') feet of the front door of the vacation rental and include them as part of all rental agreements. At the permit holder’s expense, the City shall provide mailed notice of permit issuance to property owners and immediate neighbors of the vacation rental unit using the standard three hundred foot (300') property owner mailing list. All advertising handouts, flyers, internet listings, or any other information provided for vacation rentals shall conform to the approved occupancy limits and standards as stated on the vacation rental permit. Advertising may only be conducted for properties operating under a valid permit. Advertising for a particular property inconsistent with the approvals for that property shall be considered a violation of these performance standards.
16. Requirements for All Internet Advertisements and Listings. All online advertisements and/or listings for the vacation rental property shall include the following:
(a) Maximum occupancy, not including children under three (3);
(b) Maximum number of vehicles;
(c) Notification that quiet hours must be observed between 10:00 p.m. and 7:00 a.m.;
(d) Notification that no outdoor amplified sound is allowed; and
(e) The transient occupancy tax certificate number for that particular property.
f. Enforcement Process.
1. Initial complaints on vacation rentals shall be directed to the property manager identified in the zoning permit or use permit, as applicable. The certified property manager shall be available twenty-four (24) hours during all times when the property is rented and shall be available by phone during these hours. Should a problem arise and be reported to the verified property manager, the property manager shall be responsible for contacting the tenant to correct the problem within sixty (60) minutes, or within thirty (30) minutes if during quiet hours, including visiting the site if necessary to ensure that the issue has been corrected. The property manager shall complete the online reporting form to report any such complaints, and their resolution or attempted resolution(s), to the City within twenty-four (24) hours of the occurrence. Failure to respond to complaints or report them to City shall be considered a violation of this section and shall be cause for revocation of certification status.
If the issue reoccurs, the complaint will be addressed by City code enforcement who may conduct an investigation to determine whether there was a violation of a zoning or use permit condition. Police reports, online searches, citations or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation. If code enforcement verifies that a zoning or use permit condition violation has occurred, a notice of violation may be issued, and a penalty may be imposed in accordance with the Clearlake Municipal Code.
At the discretion of the Director, the zoning permit may be revoked. If the permit is revoked, a zoning permit for a vacation rental may not be reapplied for or issued for a period of at least one (1) year after revocation.
2. Enhanced Penalty for Nonpermitted Rentals. A vacation rental that is determined to be operating without the necessary permit required under this section shall be subject to a penalty of ten (10) times the normal application fee.
3. Three (3) Strikes Penalty. Upon receipt of any combination of three (3) administrative citations, verified violations, or hearing officer determinations of violation of any of the permit requirements or performance standards issued to the owner or occupants at the property within a two (2) year period, the vacation rental zoning permit is summarily revoked, subject to prior notice and to appeal, if requested within ten (10) days. Should such a revocation occur, an application to reestablish a vacation rental at the subject property shall not be accepted for a minimum period of two (2) years.
4. Violation of Performance Standards – Administrative Citations. In addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of the City Code, this subsection provides for administrative citations.
(a) Use of administrative citations shall be at the sole discretion of the City.
(b) This subsection is adopted pursuant to the authority conferred by the Government Code, including Section 53069.4.
(c) Violations of the following permit requirements and performance standards may be deemed infractions for the purposes of this subsection, and are subject to administrative citation:
(1) Conduct of a cultural event, special event, party, wedding or other similar activity exceeding the allowable maximum occupancy;
(2) Exceeding the maximum permitted occupancy, not including children under three (3) years of age;
(3) Noise violations, as set forth in subsection (f)(1) of this section, including the use of outdoor amplified sound;
(4) Violations of quiet hours (10:00 p.m. to 7:00 a.m.);
(5) Exceeding maximum number of vehicles;
(6) Exceeding fire limits, including lighting fires during bans;
(7) Unsecured pets and/or nuisance barking;
(8) Operation of a vacation rental without a certified property manager;
(9) Failure of the property owner to include the specified limits in rental agreements and online listings or advertisements;
(10) Failure to include the individual property’s transient occupancy tax certificate number in all contracts, advertising and online listings;
(11) Failure of the property owner to maintain current transient occupancy tax status.
g. Monitoring and Enforcement Fee.
1. An annual fee may be adopted by the City Council and collected by the City to pay for monitoring and enforcement of vacation rentals. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the City to help people in need of housing that are temporarily homeless. Reasonable standards have been established to preserve the neighborhood character and quality of life in Clearlake. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668.
b. Application and Permit Required. Emergency shelters are allowed by right subject to approval of an administrative permit from the Director, within the Urban High Density (HDR) Zone subject to the below standards. These standards may be applied to an emergency shelter proposed in any other zoning district with a use permit from the Planning Commission. Emergency shelters which require use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards. Low barrier navigation centers meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses.
c. Standards for Emergency Shelters and Low Barrier Navigation Centers. All emergency shelters and low barrier navigation centers shall be subject to the following standards:
1. The emergency shelter or low barrier navigation center shall be operated by a responsible social service provider.
2. The emergency shelter or low barrier navigation center shall provide at least one (1) qualified on-site supervisor at all times, plus one (1) attendant for each fifty (50) occupants.
3. An emergency shelter shall not be approved when another emergency shelter exists within three hundred (300') feet of the proposed site. This requirement may be modified by obtaining a use permit from the Planning Commission.
4. Emergency shelters proposed in residential neighborhoods shall require design review to ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of the proposed shelter to adjacent residences.
5. Parking shall be supplied in accordance with Sections 18-20.090 and 18-20.100.
6. Each emergency shelter shall be limited to a maximum occupancy of two hundred fifty (250) persons (in total), including warming shelters and daytime facilities.
7. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum length of time which clients may be accommodated.
8. Low barrier navigation center applications shall be processed in accordance with Government Code Section 65664 providing timelines for action; the City must notify the developer within thirty (30) days if the application is complete under Government Code Section 65493 and then must act on the application within sixty (60) days from the date the application has been deemed complete. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of these regulations is to allow temporary operation of a warming shelter in the City to help people in need to stay warm during inclement weather. Reasonable standards are hereby established to preserve the neighborhood character and quality of life in Clearlake.
b. Application and Permit Required. Warming shelters are subject to approval of an administrative use permit from the Director within the Industrial (I) Zone, and may be established in any other zoning district with a use permit. Warming shelters which require use permit approval may be subject to conditions of approval with requirements that vary from these standards.
c. Standards for Warming Shelters.
1. No more than one (1) warming shelter shall be permitted within the City temporarily on an annual basis.
2. Maximum operation time shall not exceed two (2) months, unless an extension is approved by the Police Chief. Extensions shall not exceed thirty (30) days.
3. Use permits for warming shelters may be denied based on past performance and experiences that the City has had that have exceeded the City’s expectations for public services, such as police and fire services and impacts on the neighborhood.
4. Off-street parking shall be provided in accordance with Sections 18-20.090 and 18-20.100.
5. There shall be adequate space inside the structure such that prospective and current users are not required to wait on sidewalks or any other public rights-of-way.
6. Lighting shall be provided for appropriate surveillance subject to approval of the Police Department.
7. A management plan shall be provided to address management experience and good neighbor issues. Such plan shall be submitted to and approved by the City. Minimum standards and practices in the plan shall be as follows:
(a) The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services.
(b) The shelter shall have an identified administrator and representative to address community concerns.
(c) A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290.
(d) The shelter shall be maintained in a safe and clean manner and free from refuse or discarded goods.
d. Appeal. Appeal procedures for this section shall be as provided by Article 18-36.
e. Revocation of a Permit. Upon receipt by the Director of substantiated written complaints from any citizen, Code Enforcement Officer or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the permit or of City ordinances or regulations applicable to the property or operation of the facility has occurred, the Director may set a permit review hearing before the Planning Commission. At the time of permit review, to ensure compliance with applicable laws and conditions of the permit, conditions of approval may be added, deleted, modified or the permit may be revoked. Review by the Planning Commission shall be subject to a public review process as provided under Section 18-28.030. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory and junior accessory dwelling units as an accessory use (allowed by right) to a residential unit based on the following criteria:
1. This section is intended to implement Government Code Sections 65852.2 and 65852.150, which allow the City to perform administrative design review and apply specific development standards to accessory and junior accessory dwelling units in all zones where allowed.
2. The City intends to regulate accessory dwelling units as permitted by California Government Code Section 65852 and other applicable sections.
3. The City recognizes opportunities to implement certain policies and programs of the City’s Housing Element of the Clearlake General Plan by providing for, encouraging the development of and regulating accessory and junior accessory dwelling units.
4. Implementation of this section is meant to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods. Accessory and junior accessory dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants.
b. Requirements. Accessory and junior accessory dwellings shall be allowed and created in all zones, including mixed use zones, that allow single family and multiple family residential uses including all related development and design standards in accordance with California Government Code Sections 65852.1 and 65852.2 as may be amended from time to time except the following additional local standards shall apply:
1. For sites within a flood hazard area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of any new or legalized accessory dwelling unit shall be elevated at least one (1') foot above the base flood elevation as “new construction” under Chapter XVII, Floodplain Management. The applicant shall submit an elevation certificate based on construction drawings with the building permit plans and a final elevation certificate shall be required prior to project final.
2. The Building Official and the Lake County Fire Protection District shall confirm that side and rear setbacks are sufficient for fire safety.
3. In accordance with California Government Code Section 65852.2(c), fire sprinklers shall not be required for accessory or junior accessory units if they are not required for the primary unit.
c. Administration. Unless otherwise provided by State law, any person proposing to create or construct an accessory dwelling unit or junior accessory dwelling unit shall submit a building permit application to the Building Department with a site plan, elevations, color and materials samples, and any other information deemed necessary to administer this chapter, even if no construction is proposed. The City shall consider the building permit application ministerially, without discretionary review or a hearing. The City shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
d. Costs for Processing Permits and Development Impact Fees. Unless otherwise provided by State law, except for accessory and junior accessory dwelling units that are less than seven hundred fifty (750) square feet, the City may authorize a fee for development impact fees, conditional use permits, variances, and the ministerial review of accessory and junior accessory dwelling units. Also, the City may only collect development impact fees for accessory dwelling units (not junior accessory dwelling units) that exceed seven hundred fifty (750) square feet, proportionate in relation to the size of the primary dwelling unit square footage (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service, nor do they include charges for garbage or recycling service. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Guest quarters consist of attached or detached building space which contains bathroom facilities including toilets, bathing facilities, showers or sinks but does not contain a kitchen. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit based on the following criteria:
1. Regulations on guest quarters are established to prevent conversion of guest quarters into unpermitted living space to ensure that such structures are not used as separate dwelling units.
2. Unpermitted conversion of guest quarters could result in effects detrimental to the public health, safety and welfare of the community, including but not limited to fire and life safety threats, adverse neighborhood parking, traffic congestion and noise impacts and creation of nuisances related to increased, unpermitted residential density without appropriate permit conditions and mitigations and the maintenance of unsafe or unsanitary permanent living quarters not permitted or intended to support primary residential uses.
b. General Requirements. Upon meeting the requirements of this section, guest quarters may be established in the LDR, MDR and MUX Zones, when the primary use on the site is a single-family dwelling and shall be subject to the following requirements. The Director may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter.
2. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage.
3. Density and Size. The structure must be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multifamily zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty (450) square feet.
4. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended or any mobile home subdivision or trailer park.
5. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters.
6. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit.
7. No Kitchen Facilities. Kitchens may not be installed and plumbing shall be provided for bathroom use only.
8. Design Review Required. All requests shall be reviewed for consistency with the City’s Design Review Manual. (Ord. #271-2025, S2 (Exh. A))
a. Purpose, Intent and Applicability. The purpose of this section is to establish regulations related to the development of housing projects in compliance with Government Code Sections 65940 to 65950 regarding the review process for residential developments.
1. The City’s design procedure outlines the requirements for the ministerial review and approval of housing development (Article 18-33).
2. If the project constitutes an affordable housing development, it shall not be subject to discretionary review, including environmental review. Otherwise, the project shall be processed in accordance with the Housing Accountability Act of 2019 as amended, California Government Code Section 65940 (until the Act’s expiration).
3. If the project is considered a streamlined housing development project, the project shall be subject to the submittal of a complete application as required by California Government Code 65913.4 and shall comply with the objective design standards the City adopts by resolution of the City Council which are in accordance with California Government Code Section 66300(b)(1)(C) that limits design approval to objective criteria that involves no personal or subjective judgment.
4. The Community Development Department shall maintain a required checklist of information for submittal for a complete application in accordance with California Government Code Section 65940; this list shall be limited to only those items noted by law as being required.
5. In accordance with California Government Code Section 65905.5 the City may not conduct more than five (5) public hearings on a housing development project if the project complies with objective general plan and zoning standards in effect at the time the application is deemed complete. Public hearings include workshops and reviews by the Planning Commission and/or City Council. They do not include legislative hearings to address general or specific plan or zoning amendments that may be needed to accommodate the project. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. These regulations address the particular operational characteristics of campground uses and recreational vehicle parks. The provisions set forth in this section enable these uses in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation of campgrounds and recreational vehicle parks in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise, smoke, and traffic conflicts. In order to protect and preserve public health, safety and welfare, these special regulations are necessary. These standards and requirements are intended to ensure that campgrounds and recreational vehicle parks will be compatible with surrounding uses. Refer to Section 18-19.010 regarding using a recreational vehicle as dwelling unit which is different from the uses outlined in this section.
b. Permit Required. The establishment of a campground and/or recreational vehicle park in various zone districts shall require a conditional use permit from the Planning Commission as reflected in Tables 4 and 5 of this chapter in addition to the applicable use permit requirement.
c. Performance Standards.
1. Access to Site. Access to campgrounds or recreational vehicle parks shall be by means of a paved road with a minimum width of twenty-five (25') feet and two (2) four (4') foot native shoulders, designed and constructed to County standards. A recorded legal easement not less than forty (40') feet wide shall be established from a City- or County-maintained road to the campground or recreational vehicle park.
2. Number of Spaces. Two (2) spaces per lot or campsite. Four (4)spaces at or near each comfort station on a roadway shall also be provided, which may be counted as part of the overall number of spaces required for the campsites. Parking shall be provided at the park entrance for guest registration.
3. Screening Required. Parking areas and campsites shall be screened from public roads, or roads that serve other properties.
4. Location of Parking. When parking is proposed adjacent to roadways, the spaces shall be in addition to the required width of the roadway so as to not restrict traffic movement.
5. Public Improvements. Improvements to a City or County road may be required along the frontage of the project. Off-site improvements may be required to provide safe and adequate access.
6. Numbering. Campsites shall be numbered, with the numbers visible on each campsite.
7. Commercial Uses. A campground or recreational vehicle park may contain commercial uses for the convenience of campers; provided, that such uses shall not occupy more than five hundred (500) square feet for each fifty (50) spaces.
8. Manager’s Quarters. Living quarters may be provided for the use of a caretaker or manager and employee housing.
9. Density for RV Parks. A maximum of fifteen (15) units per acre, or lower density as required by the approval body. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this section enable safe parking in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation for safe parking in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and traffic conflicts. In order to protect and preserve public health, safety and welfare these special regulations are necessary. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing.
b. Permit Required. The establishment of a safe parking use in various zone districts shall either require an administrative use permit from the Director or a use permit from the Planning Commission as reflected in Table 4 of this chapter. In addition to the applicable use permit requirement, review by the Design Review Committee may be required depending upon the type of changes proposed to the parking lot and any structures intended for use in a safe parking facility.
c. Performance Standards. These standards apply to all safe parking uses.
1. The use permit is subject to review at any time and may be revoked after a hearing by the original approval body (Director, Planning Commission, or City Council) and a finding is made by that body that the use has become detrimental to the surrounding neighborhood.
2. The use/facility shall be managed by a qualified social service provider.
3. Participants must be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing.
4. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis.
5. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours.
6. Monitoring and oversight shall be provided by the social service provider during safe parking facility hours.
7. The social service provider shall give preference to those with proof of residency in Lake County for a minimum period of six (6) months within the last two (2) years. Evidence of residency may include, but is not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs.
8. Participant vehicles shall maintain a minimum buffer of fifty (50') feet from any property that contains a residential use. Buffers less than fifty (50') feet may be permitted through the use permit application review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than fifty (50') feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the use permit review process.
9. The social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Police Chief.
10. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.
11. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted good neighbor policy.
12. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not be limited to, the following terms and conditions:
(a) Only one (1) vehicle is allowed per participant.
(b) At least one (1) participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. The social service provider shall keep a copy of all three (3) on record.
(c) Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed.
(d) Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle.
(e) Participants shall not use or possess any weapons or firearms of any kind in program vehicles.
(f) No fires of any kind shall be permitted.
(g) No music may be played that is audible outside participants’ vehicles.
(h) No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances.
(i) Camping tarps or equipment beyond the participant’s vehicle are prohibited.
(j) Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly.
(k) Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e., gasoline, transmission or radiator fluid, or engine oil). (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. Helicopter facilities provide necessary transportation for community services and public and private entities (refer to definitions section regarding helicopter facilities). The provisions set forth in this section enable helicopter facilities in various zoning districts in the City subject to specific performance standards and permit requirements. It is the purpose and intent of this section to provide for the orderly regulation for heliports in the City. It is recognized that these facilities, by their very nature, have some objectionable characteristics, such as noise and air traffic conflicts. In order to protect and preserve public health, safety and welfare these special regulations are necessary.
b. Helicopter Facilities Allowed. As referenced in Table 6 of this chapter, helicopter facilities including heliports, helistops, hospital heliports, rooftop emergency heliports, temporary helicopter landing sites, and similar emergency use facilities are subject to a use permit from the Planning Commission as reflected in Table 6 of this chapter.
1. A general aviation permitted heliport;
2. A hospital heliport;
3. A rooftop emergency facility, with the authorization of the Fire Chief;
4. An emergency medical services helicopter landing site established in conformance with the state regulations and subject to approval by the Fire Chief/Marshal;
5. A temporary helicopter landing site established in conformance with the state regulations and with the prior authorization of the Fire Chief;
6. An emergency use facility under the direction of the Fire Chief/Marshal.
c. Performance Standards. These standards apply to helicopter facilities:
1. All terms and conditions of approval for the heliport or helistop required by the California Department of Transportation Division of Aeronautics, the Federal Aviation Administration, or any other State or Federal agency are conditions of approval of the conditional use permit.
2. Each use permit, if required, shall be conditioned on the owner and operator of the heliport or helistop complying at all times with the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics (21 California Code of Regulations Section 3525 et seq.), including the recommendations contained in the Federal Aviation Administration’s Advisory Circular AC 150/5390-2C and all other ACs referenced by or incorporated into the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics.
3. General Aviation Heliports. General aviation heliports are subject to and shall be designed to conform with all applicable State regulations, including, but not limited to, AC 150/5390-2B Chapter 2.
4. On buildings supporting a helistop construction of the touchdown area shall be noncombustible. The surface of the touchdown and adjacent area shall be covered with an impervious and noncombustible material. Surfaces must be properly drained.
5. Hospital Heliports. Hospital heliports are subject to and shall be designed to conform with all applicable State regulations, including, but not limited to, AC 150/5390-2B Chapter 4.
6. Except as otherwise provided in this chapter, heliports shall be subject to and conform with the fire safety operational requirements for the protection of persons, aircraft, and other property contained in the National Fire Protection Association’s Standard for Heliports (NFPA 418 (2001 Edition)) to the satisfaction of the Fire Chief.
7. No refueling or repairing is to be accomplished at an elevated helistop or rooftop emergency facility except in extreme emergency, and then only as approved by the Fire Chief.
8. Rooftop emergency facilities touchdown and lift-off area (TLOF) and any TLOF supporting structures of elevated heliports and rooftop emergency facilities shall be subject to and conform with the construction standards contained in the state regulations, including, but not limited to, AC 150/5390-2B Chapter 8.
9. The TLOF and any TLOF supporting structures of elevated heliports and rooftop emergency facilities shall be subject to and conform with the surface characteristics standards contained in the state regulations, including, but not limited to, AC 150/5390-2B Chapters 2 and 4.
10. Rooftop emergency facilities, emergency medical services helicopter landing areas, temporary helicopter landing sites, and emergency use facilities are not heliports, and are allowed in any zone subject to compliance with all related performance standards of this section. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory structures, other than accessory dwelling units and guest quarters, such as a garage, storage shed or shop, approved as an accessory use based on the following criteria:
1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., accessory dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.
2. Unpermitted conversion of accessory structures is detrimental to the public health, safety and welfare of the community.
b. General Requirements – Accessory Structures. Accessory structures are located upon the same site as the structure or use to which they are accessory. Accessory structures shall be subject to the following requirements. The Director may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. Accessory Structure Use and Size. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure or to the principal land use of the site.
2. This section does not apply to legally established dwellings or accessory dwelling units and guest quarters.
3. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter.
4. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc.
5. No Kitchen Facilities. Kitchens may not be installed and plumbing shall be provided for bathroom use only.
6. Design Review Required. All requests shall be reviewed for consistency with the City’s Design Review Manual in accordance with Article 18-33. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Design Review Committee for review.
7. Owner’s Agreement With the City. Prior to the issuance of construction permits, the Director may require that a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections and to allow the City, upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. (Ord. #271-2025, S2 (Exh. A))
a. Purpose and Intent. The purpose of this section is to establish regulations for addressing uses not defined specifically in this article, but that possess characteristics of unique and special form as to make their use acceptable in any district under certain specific conditions, compatible with the neighborhood. Conditions may be established through the use permit process by the Planning Commission to avoid life safety threats, adverse neighborhood parking, traffic congestion and noise/vibration impacts, characteristics and avoid the creation of nuisances.
b. General Requirements. Uses not otherwise identified in this article, such as Section 18-19.010, as determined by the Director, may be allowed in any zone subject to a use permit from the Planning Commission as follows:
2. Geothermal development.
4. Cemetery, columbarium, crematory, mausoleum.
5. Marinas and similar facilities.
6. Community clubs, private clubs or fraternal organizations.
7. Churches, schools, colleges, except those that are exempt under this chapter.
8. Country clubs and golf courses.
9. Utility and communication buildings unless specifically referenced in this Code.
10. Public and quasi-public uses of an administrative, public services or cultural type including special district, City, County, State or Federal facilities. (Ord. #271-2025, S2 (Exh. A))