Davis City Zoning Code
ARTICLE 40
26 SPECIAL USES
§ 40.26.010 Accessory buildings/structures.
(a)
Findings of fact. Accessory structures provide opportunities for small scale aesthetic and shade structures; functional, protected, enclosed ancillary storage and activity space; and additional guest and rental housing; among other benefits. As subordinate facilities to a principal structure, however, appropriate regulation is required in order to ensure compatibility of land uses, protect privacy of neighbors, ensure minimum open space and area requirements, and protect the health, safety, and welfare of the neighborhood and community.
(b)
Statement of purpose. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and health, safety, and welfare is preserved.
(c)
Performance standards. Accessory structures shall conform to all of the following requirements. Unless noted otherwise herein, no accessory structure may be approved which does not so conform.
(1)
Processing. Accessory structure review shall be performed by the department of community development.
(2)
CBC Compliance. All accessory structures shall comply with the requirements of the California Building Code as adopted by the City of Davis in effect at the time of construction.
(3)
Primary Structure Requirement. An accessory structure in any district may only be constructed on a lot containing a principal structure.
(4)
Required Rear Yard. Accessory structures, and any accessory uses (including surfaced area for parking) may not exceed thirty percent of the square footage of the required rear yard.
(5)
Lot Coverage. In combination with the primary structure, accessory structures may exceed the otherwise applicable maximum lot coverage, up to a maximum of fifty percent.
(6)
Open Space. In combination with the primary structure, accessory structures may not cause the required useable open space to drop below twenty percent.
(7)
Height. The maximum height for an accessory structure is fifteen feet.
(9)
Size. The size of a non-habitable accessory structure shall not exceed twenty-five percent of the gross square footage of the primary structure (including any attached facilities such as a garage). Maximum size of secondary dwellings shall be determined pursuant to provisions of Section 40.26.450(i) (Ministerial secondary dwelling units) and Section 40.03.045(a)(1) (Conditionally allowable secondary dwelling units) of this chapter.
(10)
Increased Height and/or Size. An applicant may apply for a conditional use permit to exceed the limitations established herein on structure height and/or size. Under no circumstances, except garages or carports as noted above, may the size exceed fifty percent of the gross square footage of the primary structure.
(11)
Location. Accessory structures may not be located within the front half of any lot except as noted otherwise herein.
(12)
Eaves and Overhangs. Any eaves or overhangs of an accessory structure are subject to the requirements of Section 40.27.060 of this chapter.
(13)
Use for Dwelling Purposes. Accessory structures shall not be used for dwelling purposes.
(14)
Screening. All enclosed accessory structures larger than one hundred twenty square feet in area shall either be substantially screened from public view (including adjacent properties and public right-of-way) or constructed of materials that are residential in character. Such screening or materials shall be subject to review and approval by planning staff during the building permit review.
(d)
Exceptions. Unless stated otherwise below, the following accessory structures shall be subject to the standards as described in Section 40.26.010(c) of this article.
(1)
Arbors. Arbors may be located anywhere within the front, rear, or side yard, provided that the height does not exceed ten feet, the width does not exceed ten feet, and the depth does not exceed five feet. When located near a driveway or on a corner lot, the arbor shall not be placed within the twenty-five-foot triangular area identified in Section 40.27.060(b)(2), or the equivalent area based upon any driveway on any parcel. Individual arbors shall be located a minimum of five feet from other arbors. Arbors that do not meet the above criteria shall be subject to the standards established herein for patio covers and trellises.
(2)
Detached Garages and Carports. Detached garages and carports in R-1 and R-2 zoning districts may be located in the rear half of a lot with a minimum setback of five feet to the side and rear unless otherwise specified by the zoning district in which the property is located. Garages and carports located in the front half of any lot must meet the setback requirements of the zone in which the property is located. Reduced setbacks for detached rear garages and carports may be granted with the issuance of a conditional use permit.
(3)
Patio Covers, Trellises, and Gazebos. Attached and detached patio covers, sunshades, trellises, breezeways, and similar structures which are not enclosed on the sides except for required roof supports may project into required yards as follows:
(A)
To fifteen feet of the front property line;
(B)
To five feet of the rear property line;
(C)
To ten feet of the street side property line;
(D)
To three feet of the interior side property line.
Setbacks shall be measured to the outermost perimeter of the structure. Where a detached patio cover or trellis is constructed, no minimum separation from the primary dwelling shall be required unless otherwise required by the building code. Such structures shall not be subject to the twenty-five percent size limitation of the gross square footage of the primary dwelling. |
(4)
Play Houses. Play houses below fence height may be located in the rear yard without respect to setbacks. Play houses, of any size, that project above fence height shall be set back a minimum of five feet from the rear and three feet from the side property lines. Play houses shall be limited to a maximum height of twelve feet provided the wall height (except at gable ends) is a maximum of seven feet.
(5)
Play Structures. Play structures that project above the fence height of the yard in which they are enclosed, or have a platform or device that would enable one to climb above the height of the adjacent fence, shall be set back a minimum of ten feet from all property lines. Play structures may be located in the front half of a lot. Swings shall be set back from property lines according to the manufacturers specifications.
(6)
Small Storage Sheds. A small storage shed (as defined in Section 40.01.010 of the Davis Municipal Code) shall be no larger than one hundred twenty square feet and may be located within the required rear yard and interior side yard setbacks parallel with or behind the front of the primary structure. Maximum shed height, as measured from grade, shall be eight and one-half feet to the roof peak. The maximum wall height, except for at the gable ends, is seven feet. Small storage sheds shall be individually located a minimum of five feet from other small storage sheds.
If fencing does not separate the lot from adjoining lots, a minimum three-foot side and rear setback must be provided. When a shed is located in a side yard, the opposite side yard of the property shall remain clear of obstructions (e.g., condensers, fireplaces, architectural pop-outs) for the purposes of safety, access and circulation.
(7)
Shipping Containers. Shipping containers shall not be permitted in any single-family or duplex residential district within the City of Davis.
(9)
Guest Houses. Guest houses are subject to the standards in Section 40.26.470 and in accordance with the requirements of the underlying zoning district.
(10)
Outdoor Kitchens, Ovens, Kilns, Fireplaces. Outdoor kitchens, ovens, kilns, fireplaces and similar built in structures, which are not enclosed within a structure may project into required yards as follows:
(A)
To five feet of the rear property line;
(B)
To ten feet of the street side property line;
(C)
To three feet of the interior side property line.
Setbacks shall be measured to the outermost perimeter of the structure. Separation from the primary dwelling shall be as required by the California Building Code. Such structures shall not be subject to the twenty-five percent size limitation of the gross square footage of the primary dwelling. |
(Ord. 296 § 24.1; Ord. 316 § 16; Ord. 457 § 1; Ord. 822 § 1; Ord. 1023 § 1; Ord. 1768 § 5; Ord. 1802 § 3; Ord. 1940 § 9; Ord. 1975, 1999; Ord. 2009 § 1, 1999; Ord. 2034 §§ 2, 3, 2000; Ord. 2445 § 7, 2015; Ord. 2572 § 20, 2020; Ord. 2602 §§ 17, 18, 2021; Ord. 2677, 11/4/2025)
§ 40.26.020 Outdoor advertising, billboards and signs.
No outdoor advertising, billboard or sign shall be erected, constructed, maintained or replaced except as permitted by and in conformance with the provisions of this chapter.
The purpose of this chapter in regulating outdoor advertising, billboards and signs is to preserve and protect the public health, the public welfare, and the public safety. It is intended to enhance the physical appearance of the city, make the city a more enjoyable and pleasing community and to create a more attractive economic and business climate. It is intended by the provisions of this chapter to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; relieve pedestrian and traffic congestion; provide more open space; and avoid the canceling out effect of conflicting adjacent signs.
(a)
All districts. The following regulations shall apply in all districts. No sign shall exceed the size, height and locational limitations of the district in which it is located, nor project beyond the setback line of the property in which located unless otherwise provided.
(1)
Noncommercial advertising signs of the ideas or beliefs of the owner or occupant of the property upon which such advertising display is placed, sociological, religious or economic subjects of public interest or general concern are permitted. All signs hereby permitted shall otherwise meet the requirements for signs of the district in which they are located.
(2)
Notwithstanding any lease to the contrary, no landlord or lessor shall prohibit a tenant lawfully in possession from posting noncommercial signs as otherwise allowed in this Code.
(3)
The provisions of Chapter 3 of this Code concerning signs on property within six hundred feet of a state freeway shall apply.
(4)
Signs and sign structures may be permitted for a set time period stated as condition of the conditional use permit in districts in which signs and sign structures are permitted as conditional uses.
(5)
No sign shall be erected in such a manner as to create a traffic hazard. A sign shall be considered a traffic hazard when:
(A)
Its location is such as to interfere with traffic sight distances, traffic flow, or the visual access to the name or address of a nearby business or residence or a street or traffic sign;
(B)
Its color, configuration, text or location are such that they could be mistaken for or otherwise imitate a traffic sign or signal; or
(C)
It is located in the public right-of-way, unless an encroachment permit is issued.
(6)
The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color except for time of day and temperature signs. Beacon lights and search lights may be permitted in the central-commercial, commercial highway, and similar planned development zoning districts if the following requirements are satisfied:
(A)
A design review application, accompanied by the appropriate fee and information, shall be submitted for review by the director.
(B)
An encroachment permit is required if a beacon or searchlight is placed in the public right-of-way.
(C)
A beacon or searchlight shall not constitute a traffic hazard.
(D)
A beacon or searchlight shall operate only during business hours and shall not be in operation between the hours of twelve midnight and sunrise.
(E)
Beacons and searchlights shall be allowed for public events or promotional activities involving more than one business in a given zoning district. "Promotional activities" generally refers to the coordinated efforts of two or more businesses to attract the general public to an area for commercial purposes.
(F)
The director may condition the approval of any permit for beacons or searchlights to ensure protection of the public health, safety and welfare, including conditions limiting the hours of operation.
No exposed reflective type bulbs and no strobe light or incandescent lamp shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property, except for public informational signs disclosing such items as time of day and temperature.
(7)
A temporary sign that indicates the future use of a building being constructed on the premises may be permitted if it does not exceed the total permitted sign area of the district requirements. Such sign may be permitted for a period of one year or until completion of the construction of the building, whichever first occurs.
(8)
Street banners advertising a public entertainment or event are permitted if specifically approved by the director, without regard to other requirements of this chapter. The display of flags or other decorations for nationally recognized and celebrated holidays shall not require the specific approval of the director. City council may specifically authorize any outdoor advertising restricted or prohibited by this chapter when in connection with a public event or promotion or in relation to any land use activity located on baseball facilities regularly leased or licensed to a recreational organization by the city, if otherwise permitted by such lease or license.
(9)
Nonadvertising signs not exceeding one square foot in area, such as "No Trespassing," "Private Drive," "Bad Dog," or a person's name, are permitted without regard to the other requirements of this chapter.
(10)
Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle, and the sign is incidental to the vehicle's primary use and the vehicle is not used primarily for advertising purposes, are not governed by this chapter.
(11)
Signs which advertise an activity, business, product or service no longer conducted on the premises upon which the sign is located are prohibited.
(12)
Banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices are prohibited unless they are specifically permitted otherwise. Devices, when not part of any sign, are similarly prohibited unless they are specifically permitted otherwise. Signs which rotate, spin, or otherwise move are prohibited unless they are specifically permitted otherwise.
Signs which may swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment are prohibited unless specifically permitted otherwise.
Fraternities and sororities may display one insignia flag or banner provided that the flag or banner does not exceed twenty-four square feet in area, encroach within five feet of any lot line or project above the height of the building on the lot on which it is located.
Banners, pennants, ribbons, streamers, or flags may be permitted if all of the following requirements are satisfied:
(A)
The applicant shall file a design review application with the community development and sustainability department, accompanied by the appropriate fee and information required by the city.
(B)
Banners shall be compatible with the total sign program, building design, and landscape design in terms of size, design, colors, location, and height. A banner may be freestanding or attached to the building.
(C)
Banners may overhang the public right-of-way; in which case an encroachment permit is required.
(D)
Banners shall be maintained in terms of color, design, and material. If deterioration occurs to the extent that it detracts from the surrounding area's appearance, the director or designee or city staff shall order the banner(s) removed.
(E)
Permanent banners (banners to be displayed for more than thirty days) may contain a business logo but they shall not contain any other written message. Temporary banners (banners to be displayed for thirty days or less) may contain written messages.
(F)
Banners may be allowed to exceed the maximum sign area limitations, subject to the director or designee review and approval.
(G)
The director or designee shall review and approve all requests prior to installation. Temporary banners may be approved as part of a total program for use at specified times of the year.
(13)
Maximum square footage of signs for premises fronting on the ground level of a street, the public way or public or customer parking area shall be computed in accordance with the applicable tables. Lots fronting on more than one street may increase permitted area by twenty-five percent for each additional front. Maximum square footage of signs for premises which do not front on ground level of a street, public way or public parking area shall be determined by the property owner; provided, that no more than the allowable square footage of signing is permitted for all such premises per street, public way or customer parking area fronted upon.
(14)
The review of the design and placement of signs and outdoor advertising, including temporary signs, shall be a function of the director or designee. It shall be within the scope of the review of signs by the director or designee to determine the amount, design, and location, if necessary, of temporary signs for each use considered. This is in recognition of the fact that uses utilize temporary signs to supplement permanent signs and that the combination of temporary and permanent signs must not exceed the maximum permitted area.
It shall not be deemed a variance of special privilege to not apply the maximum square footage restriction to distinctive features if the city finds that such architectural features are substantially superior to otherwise permissible design.
(15)
Signs shall be flat against the building and not project over the public right-of-way in all districts except where specifically stated otherwise.
(16)
Outdoor advertising and signs shall be constructed in accordance with specifications and standards established as deemed necessary and appropriate by the director. They shall be designed, installed and constructed in accordance with this article and applicable building code provisions.
(17)
Billboards and signboards are prohibited except for temporary "open house" real estate signs not exceeding eight square feet in area, and portable signs within the C-C zoning district as established in subsections (f)(5) and (f)(6) of this section.
Temporary "open house" real estate signs shall be located on private premises not nearer than two feet to any right-of way. Two "open house" signs shall be permitted on a corner lot provided each faces a different street. Such sign(s) shall not be illuminated. Such sign(s) need not be located on the premises offered for sale, provided that permission to exhibit such signs shall be obtained from the owner of the premises upon which such signs are placed.
(18)
Unless otherwise specified in the use permit, signs in planned development districts shall conform to the regulations normally required for the applicable land use.
(19)
Maximum sign area for theater uses in all districts may be increased by the director or designee in the following categories:
(A)
Use may utilize full square footage allowance in the district, regardless of street frontage.
(B)
Display areas for posters may be discounted or eliminated from sign computations.
(C)
In sign computations, actual square footage of theater message boards may be discounted up to a maximum of fifty percent.
(20)
Artworks which do not identify a business or a product are not considered signs.
(21)
Community signs and directional signs erected on public property in accordance with an adopted redevelopment agency sign program are permitted without regard to other requirements of this chapter, provided that:
(A)
Sign location is limited to property owned by the city or the redevelopment agency;
(B)
Sign content is limited to business identification and directional information for public facilities, maps, and calendars of events;
(C)
Signs located on public space, such as a plaza, parking lot, or passageway, may serve to identify only businesses with entrances on the public space;
(D)
Maximum permitted sign area must not exceed fifty square feet;
(E)
Maximum permitted sign area devoted to business identification must not exceed fifty percent of the total text area of the sign;
(F)
Maximum height is not to exceed eight feet; and
(G)
The sign shall conform with all applicable federal and state laws governing the location and erection of advertising displays within six hundred feet of a freeway.
(b)
Agricultural districts. The following regulations shall apply in agricultural districts:
(1)
One nameplate or nonilluminated sign appurtenant to any permitted use on the property on which erected not to exceed twenty square feet in area is permitted.
(2)
Signs shall be set back fifty feet from the front lot property line.
(3)
One noncommercial advertising sign is permitted, not to exceed twenty square feet in area.
(4)
For conditional uses, one sign pertaining to the conditional use of the property which shall conform to the size, location and height limitation as hereafter provided in subsections (f) or (g) of this section, whichever the director determines to be most applicable, for signs is permitted.
(c)
Residential districts. The following regulations shall apply in all residential districts except in the R-T district.
(1)
One temporary real estate sign not exceeding six square feet in area, advertising the sale, rental or lease of the premises upon which such sign is located is permitted. It shall not be located nearer than five feet to any street right-of-way. Two such signs may be permitted on a corner; provided, that each sign faces a different street. Such sign or signs shall not be illuminated. Such sign or signs shall be removed within five days of the sale, rental or lease.
(2)
A temporary real estate sign for a subdivision may be permitted on a major or secondary street. It shall not exceed one hundred square feet or be twenty feet above the grade level, and shall be located behind the setback line of the property on which it is located. Such sign shall not be illuminated. Such sign shall be removed within five days after completion of sales activities of the property or subdivision.
(3)
One nonilluminated sign denoting the intended use of the building and the identity of the architect, engineer, contractor and builder may be permitted upon premises during construction; provided, that such sign does not exceed sixteen square feet in area. Such sign shall be removed within thirty days after completion of the construction project.
(4)
A church, school, community center, professional and administrative office or other public institutional building may have an announcement sign or bulletin board not over twenty square feet which shall be at least five feet from all street right-of-way lines. If building-mounted, this sign shall be a flat wall sign and shall not project above the roof line. If ground-mounted, the top shall be no more than six feet above ground level, and shall be at least five feet from all street right-of-way lines.
(5)
In all districts where apartments and mobile home developments are permitted, one sign is permitted on each apartment development to identify such development on which located and shall not exceed twenty square feet in area. It shall not project above the height of the building on the lot on which located. If development fronts on more than one street, one additional sign not to exceed twenty square feet is permitted for each such additional street upon which such development is located. Said signs may be low profile signs which are encouraged provided that they are not to exceed the area limit and must be set back a minimum of five feet behind the setback line.
(6)
Only one noncommercial advertising sign is permitted on each lot, not to exceed six square feet.
(7)
Commercial uses within the R-HD district will have the same sign requirements as the R-T district, Section 40.26.020(e).
(d)
Professional and administrative office district. The following regulations shall apply in the professional and administrative district:
(1)
One identification sign pertaining to a permitted or conditional use of the lot on which located not in excess of twenty square feet and not projecting above the height of the building on the lot on which located, is permitted. It shall be set back from the street right-of-way line at least five feet.
(2)
One noncommercial advertising sign is permitted on each lot not to exceed six square feet.
(e)
Commercial neighborhood and residential transitional districts. The following regulations shall apply in the commercial neighborhood and residential transitional districts:
(1)
Maximum square footage for the R-T district is to be computed on the basis of Table 1, and Section 40.26.020(a)(14). Maximum square footage for the C-N district is to be computed by the use of Table 1 only, based on one frontage.
(2)
Signs shall only be illuminated at such times as premises are open for business.
(3)
In addition to the sign area allowed in Table 1, neighborhood commercial centers may also have one low profile sign. If the commercial neighborhood center has frontage on another public street, a second low profile sign will be permitted. Monument signs shall include center identification. Center identification shall not include the names of any tenants.
All new monument signs or changes to existing monument signs will go through the current design review process to insure that they conform with the design guidelines.
Low profile signs are allowed in the residential transitional and residential high density districts. Low profile signs are permitted in the C-N district for service stations in addition to the C-N shopping center identification signs.
(4)
Freestanding signs are prohibited in C-N, R-T and R-H-D zoning districts.
(5)
Signs may project over the public right-of-way and not be flat against a building in residential transitional districts only if they meet any of the following qualifications:
(6)
The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.
TABLE 1: Formula For Maximum Square Footage of Signs | |
|---|---|
Premises Frontage (in feet) | Maximum Permitted Sign Area (in square feet) |
5 | 15 |
10 | 30 |
20 | 42 |
30 | 50 |
above 30 | 50 |
Note: Interpolate for premises frontage not shown on Table 1 to determine permitted sign area. |
(f)
Community retail district. The following regulations shall apply in the community retail district:
(1)
Maximum square footage for the C-R district is to be computed on the basis of Table 1.5, and Section 40.26.020(a)(14).
(2)
Signs shall only be illuminated at such times as premises are open for business.
(3)
In addition to the sign area allowed in Table 1, community retail centers may also have freestanding signs. Freestanding signs shall include center identification, and may also include the names of tenants. Freestanding signs exceeding eight feet, up to a maximum of twenty-five feet in height, may be approved with a conditional use permit. Pole signs are not permitted.
Low profile signs are permitted in the C-R district for service stations in addition to the shopping center identification signs.
(4)
Sign programs shall be prepared for all new and renovated centers.
(5)
The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.
TABLE 1.5: Formula For Maximum Square Footage of Signs | |
|---|---|
Premises Frontage (in feet) | Maximum Permitted Sign Area (in square feet) |
20 | 42 |
30 | 50 |
above 50 | 75 |
(g)
Central commercial, commercial service, industrial and industrial research districts. The following regulations shall apply in these districts.
(1)
Maximum square footage is to be computed on the basis of Table 2, and subsection (a)(14) of this section.
(2)
Signs shall not project above the height of the building on the lot on which located in central commercial districts.
(3)
Signs may project over the public right-of-way and not be flat against a building in central commercial districts only if they meet any of the following qualifications:
(A)
Parallel with the street on top of or flat against a canopy.
(B)
Under a canopy if not in excess of five square feet.
(C)
Theater marquee signs, when an integral part of a marquee which overhangs the public right-of way.
(D)
Disclose only time and temperature.
(E)
Perpendicular with the street and of a pedestrian scale, no greater than five square feet, and not internally illuminated.
(4)
Signs shall be flat against the building and not project over the public right-of-way. Low profile signs, which shall not exceed eight feet in height are permitted in the C-T, C-S, CC, I and R-R districts Freestanding signs, exceeding eight feet in height to a maximum of twenty-five feet may be considered in the C-S district subject to the following findings.
(A)
The site directly abuts the freeway and is within a quarter mile of a freeway on/off ramp.
(B)
That the use(s), or site, is of a type that necessitates advertising to the traveling public, as opposed to local business and other forms of advertisement.
(C)
The sign shall be oriented to the freeway and shall not generally be visible from the interior community streets.
(D)
That there is not more than one sign visible in any viewshed along the freeway and that installation of the sign does not create excessive visual clutter.
(E)
That the sign exhibits exemplary quality of design. Shall be architecturally compatible with surrounding buildings and neighborhood.
Pole signs (single column pole support) are prohibited. |
(5)
In the C-C district, portable signs may be permitted for businesses which do not have direct frontage upon any street, provided all of the following are met:
(A)
The store does not have the option of participating in a redevelopment agency directory sign.
(B)
The sign has received site plan and architectural approval from the community development and sustainability department.
(C)
An encroachment permit has been issued for any sign on public property.
(D)
The sign is displayed only during the hours the business is open for customers.
(E)
The design and location are consistent with the approved portable sign design guidelines.
(6)
In the C-C district, portable signs may be permitted for any businesses, provided all of the following are met:
(A)
The sign has received site plan and architectural approval from the community development and sustainability department.
(B)
An encroachment permit has been issued for any sign on public property.
(C)
The sign is displayed only during the hours the business is open for customers.
(D)
The design and location are consistent with the approved portable sign design guidelines.
(E)
The sign is not displayed more than fifteen days in any calendar year.
(7)
The city council may adopt sign design guidelines for this district at a public hearing. All new signage or propose revisions to existing signage that is consistent with the sign design guidelines may be approved by the community development and sustainability department as a minor improvement application as identified in Section 40.31.040(p). Signs not consistent with the sign design guidelines are subject to administrative site plan and architectural review.
(8)
The following formula for maximum square footage of signs shall determine the total area allowed for signs on each premises. If premises do not front upon the ground level of a street, public way or public or customer parking area, the total area shall not be increased and it shall be divided according to subsection (a)(14) of this section.
Table 2: Formula for Maximum Square Footage of Signs | |
|---|---|
Premises Frontage (in feet) | Maximum Permitted Sign Area (in square feet) |
5 | 15 |
10 | 30 |
20 | 42 |
40 | 64 |
60 | 86 |
73 | 100 |
above 73 | 100 |
Note: Interpolate for premises frontage not shown on Table 2 to determine permitted sign area. |
Portable signs in accordance with (f)(6) of this section may be permitted in addition to the limitations in Table 2. Portable signs in accordance with subsection (f)(5) of this section are to be included in the above sign area maximum.
(h)
Commercial mixed use district. The following regulations shall apply in this district.
(1)
Maximum square footage is to be computed on the basis of Table 3, and paragraph (a)(14) of this section.
(2)
Signs shall be flat against the building and not project over the public right-of-way. Low profile signs which shall not exceed eight feet in height are permitted in the CMU district.
(3)
Freestanding signs exceeding eight feet in height to a maximum of twenty-five feet may be considered through a conditional use permit process and shall be subject tot the following findings:
(A)
The site directly abuts the freeway and is within a quarter mile of a freeway on/off ramp.
(B)
That the use(s), or site, is of a type that necessitates advertising to the traveling public, as opposed to local business and other forms of advertisement.
(C)
The sign shall be oriented to the freeway and shall not generally be visible from the interior community streets.
(D)
That there is not more than one sign visible in any viewshed along the freeway and that installation of the sign does not create excessive visual clutter.
(E)
That the sign exhibits exemplary quality of design. Shall be architecturally compatible with surrounding building and neighborhood.
Pole signs (single column pole support) are prohibited. |
(4)
The following formula for maximum square footage of signs shall determine the total area allowed for signs on each premises.
TABLE 3: Formula For Maximum Square Footage of Signs | |
|---|---|
Premises Frontage (in feet) | Maximum Permitted Sign Area (in square feet) |
5 | 15 |
15 | 30 |
20 | 42 |
40 | 64 |
60 | 86 |
80 | 110 |
100 | 133 |
120 | 156 |
140 | 178 |
160 | 200 |
Above 160 | 200 |
Note: Interpolate for lot frontage not shown on Table 3 to determine permitted sign area. |
(5)
Signs parallel with the street on top or flat against a canopy may be permitted to project over the public right-of-way, and a sign under a canopy not in excess of five square feet may be permitted.
(6)
A sign exceeding twenty feet in height, or projecting above the height of the building on the lot on which the sign is located, may display an identification of the business only, without further advertisement of prices, merchandise or services offered. The area of any such sign shall be taken as the area of a rectangle enclosing the sign, including any projections other than the supports.
(7)
Low profile signs are encouraged for uses in the CMU zone to supplement another freestanding sign or in lieu of it. All signs must not exceed the maximum area allowance provided in the zoning district.
(8)
Sign area beyond that permitted by subsection (h)(1) may be allotted to an automobile sales and service establishment located in the commercial highway zone only when an additional independent automobile sale and service use shares the same site location. The term "Independent" shall refer to a separate automobile corporation.
Such additional sign area may be granted by the director or designee upon a finding that the sign(s) solely represent the additional independent corporation. The director or designee may grant additional sign area equivalent to fifty square feet or the smallest indication sign made by the independent corporation if that sign exceeds fifty square feet.
(i)
Mixed use district. The following regulations shall apply to the mixed use district:
(1)
Maximum square footage is to be computed on the basis of Table 1, and Section 40.26.020(a)(14).
(2)
No sign shall exceed fifteen square feet in area.
(3)
Signs on a building shall be located under the roofline.
(4)
Freestanding signs are prohibited in the mixed use district.
(5)
Low profile signs not exceeding six feet in height are permitted in the mixed use district.
(6)
Signs shall only be illuminated at such times as premises are open for business.
(7)
Signs may project over the public right-of-way and not be flat against a building in the mixed use district only if they meet any of the following qualifications:
(8)
The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.
(9)
The city council may adopt sign design guidelines for this district at a public hearing. All new signage or proposed revisions to existing signage that is consistent with the sign design guidelines may be approved by the community development and sustainability department as a minor improvement application as identified in Section 40.31.040(p). Signs not consistent with the sign design guidelines are subject to administrative site plan and architectural review.
(Ord. 296 § 24.2; Ord. 316 §§ 17 to 19; Ord. 333 § 3; Ord. 416 § 1; Ord. 436 § 3; Ord. 567 §§ 1, 2; Ord. 614 § 2; Ord. 619 § 1; Ord. 635 § 1; Ord. 689 § 1; Ord. 798 § 1; Ord. 817 §§ 1 to 3; Ord. 903 § 1; Ord. 924 §§ 2, 3, 4; Ord. 1013 § 2; Ord. 1041 § 1; Ord. 1072 § 1; Ord. 1150 § 1; Ord. 1207 § 1; Ord. 1221 § 1; Ord. 1267 § 1; Ord. 1425 §§ 1, 2; Ord. 1444 §§ 6—9; Ord. 1627 §§ 38—46; Ord. 1923 §§ 6—9; Ord. 1948 §§ 2—5; Ord. 1965 § 1; Ord. 2022 §§ 13—15, 2000; Ord. 2046 §§ 4, 5, 2001; Ord. 2232 § 3, 2006; Ord. 2308 §§ 4, 5, 2008; Ord. 2359 § 12, 2010; Ord. 2390 § 2, 2012; Ord. 2572 § 3, 2020; Ord. 2677, 11/4/2025)
§ 40.26.030 Animal feed yards, kennels, stables, etc.
Animal feed yards, animal sales yards, kennels for dogs or cats, riding academies and public stables shall be located no closer than two hundred feet from any property line, shall provide automobile and truck ingress and egress, shall provide parking and loading spaces so designed as to minimize traffic hazard and congestion. Proponent shall show that odor, dust, noise and drainage shall not constitute a nuisance or a hazard to adjoining property or uses.
(Ord. 296 § 24.3)
§ 40.26.040 Animal hospitals, etc.
Animal hospitals and veterinarian hospitals shall be located no closer than one hundred feet from any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.
(Ord. 296 § 24.4)
§ 40.26.050 Area required cannot be reduced.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this chapter. If already less than the minimum required by this chapter, such area or dimension shall not be further reduced.
(Ord. 296 § 24.5)
§ 40.26.055 Billiards/pool hall.
Specific conditions of approval for a conditional use permit for a billiards/pool hall shall include but not be limited to:
(a)
A conditional use for a billiards/pool hall shall be considered to be null and void if the establishment ceases operation for thirty or more consecutive days;
(b)
No games of cards, dice or other games of chance shall be carried on in any billiards/pool hall;
(c)
The conditional use permit application shall be reviewed by the police department;
(d)
Either employees shall be trained in terms of security procedures, applicable laws, citizens arrest, alcohol laws and city code violations or a private security guard shall be required. The training for employees shall be approved by or conducted by the city police department;
(e)
No loitering shall be allowed in on-site parking lots or on sidewalks/alleyways adjacent to the business premises;
(f)
There shall be adequate security lighting; and
(g)
The billiards/pool hall shall be closed between 2:00 a.m. and 6:00 a.m.
(Ord. 1788 § 6)
§ 40.26.058 Cardrooms.
Cardrooms, as defined in Chapter 8A, shall comply with the following requirements:
(a)
A conditional use permit shall be required for all cardrooms as provided in Section 40.14.050. The conditional use permit may impose other conditions if deemed to be in the public interest. The conditional use permit may be revoked by the planning commission if the use is found to be in violation of Chapter 8A of the Municipal Code or other city regulations, or may be modified by the planning commission if deemed necessary.
(b)
All cardrooms shall comply with the cardroom licensing procedures as defined and required in Chapter 8A of the Davis Municipal Code.
(c)
All cardrooms shall be located only on the ground floor of a structure or building. All buildings or structures housing a cardroom shall be a minimum of fifty feet from any property line of any residential (R) district, and shall provide a minimum six-foot high solid board or masonry wall separating the entire area from any abutting residential property.
(d)
Parking requirements. Parking requirements shall be as provided in Section 40.25.010 through Section 40.25.120.
(e)
Signs. All exterior building signs and window signs are subject to all applicable provisions of Chapter 40 of this Code.
(f)
Security. The planning commission may require the installation of a robbery alarm or other security measures on the premises if circumstances warrant. The planning commission may rely on recommendations by the police department regarding whether, and to what extent, security measures may be required.
(g)
Existing cardrooms. Any cardroom use in operation on the date the ordinance codified in this section becomes effective need not comply with the provisions of this section except subsection (b). If any such existing cardroom ceases operation for a period of ninety days, it must comply with all provisions of this section before recommencing operation.
(Ord. 1821 § 4)
§ 40.26.060 Cemeteries, crematories, etc.
Cemeteries, crematories, mausoleums and columbariums shall provide entrances on a major or secondary thoroughfare with ingress and egress so designed as to minimize traffic congestion, and shall provide off-street parking spaces, and shall provide a minimum six-foot-high wall or minimum three foot thick and six foot high evergreen hedge or provide a minimum of twenty feet of permanently maintained landscaped strip on all property lines abutting any R district or street in an R district.
(Ord. 296 § 24.6)
§ 40.26.070 Circuses and carnivals.
A circus or carnival involving temporary assemblages of over three hundred people may be permitted in any district; provided, that access to such establishment shall be from a major or secondary thoroughfare; and provided, that such establishments are not located within four hundred feet from any residential development. In any case a conditional use permit or temporary use permit shall be required for all such uses. Adequate off-street parking shall be provided.
(Ord. 296 § 24.7; Ord. 1845 § 2; Ord. 1906 § 2, 1997; Ord. 2677, 11/4/2025)
§ 40.26.080 Clotheslines.
It shall be unlawful and a nullity to establish any private covenant or restriction which prohibits the use of a clothesline in any residential zone, except that all multifamily developments (three-family and greater densities) requiring the director's, or designee's, approval shall require suitable space or facilities except where such space would preclude good project design, to enable residents to dry their clothes using the sun. Such clotheslines shall be convenient to washing facilities and oriented so as to receive sufficient sun to dry clothes throughout the year.
(Ord. 876 § 2; Ord. 1627 § 47; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.26.090 Community buildings, clubs, etc., in R districts.
Community buildings, social halls, lodges, fraternal organizations and clubs, where the associated building or use is not for residence purposes, in R districts shall comply with the following requirements:
(a)
All buildings shall be a minimum of twenty feet from the side lot lines and fifty feet from the rear lot line.
(b)
There shall be no external evidence of any incidental commercial activities nor any access to any space used for such activity other than from within the building.
(c)
Any such use shall be located to provide access without causing heavy traffic on local residential streets.
(d)
Any such use shall prove that there will be no harm to adjacent existing or potential residential development due to excessive traffic generation or attraction or noise or other circumstances.
(Ord. 296 § 24.8; Ord. 528 § 1; Ord. 862 § 2)
§ 40.26.100 Country clubs and golf courses.
Country clubs and golf courses shall comply with the following requirements:
(a)
No building shall be located within one hundred feet of any property line.
(b)
Facilities such as restaurants and bars may be permitted, when conducted and entered from within the building.
(c)
Golf fairways, swimming pools, tennis courts and the like shall be located not less than twenty-five feet from any property line, and if adjoining property which is in any R district, such facilities shall be effectively screened by a wall, hedge or heavy screen planting.
(Ord. 296 § 24.9)
§ 40.26.110 Drive-in theaters.
All drive-in theaters shall be located only on major or secondary thoroughfares. There shall be provided ingress and egress so designed as to minimize traffic congestion. They shall be located not less than two hundred feet from any existing or future R district, and so screened from such district that any noise shall not disturb residents or prospective residents. Lighted signs and other lights shall be maintained in such a way as not to disturb neighboring residents. Any projection screen shall not be visible from any major or secondary thoroughfare.
(Ord. 296 § 24.10)
§ 40.26.120 Fertilizer plants.
Fertilizer plants in yards shall be no closer than two hundred feet to any existing or future residential district as shown in the city master plan, and shall provide off-street parking and loading areas together with ingress and egress so designed as to minimize traffic hazard and congestion, and shall show that odor, dust, noise and drainage shall not constitute a nuisance to surrounding properties.
(Ord. 296 § 24.13)
§ 40.26.130 Filling stations, automobile service stations, etc.
No filling station, automobile service station, gasoline service station, public garage or parking lot for twenty-five or more motor vehicles, or automobile repair shop, shall have an entrance or exit for vehicles within two hundred feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut. No such uses shall be permitted where any oil drainage pit or visible appliance for any such purpose other than filling caps, is located within twelve feet of any street lot line or within twenty-five feet of any R district, except where such pit or appliance is within a building. Open storage of materials and equipment, including rental trailers, shall be permitted only within an area surrounded and screened by a solid wall or fence not less than six feet in height.
(Ord. 296 § 24.14)
§ 40.26.132 Garage, patio and yard sales.
Garage, patio and yard sales, as defined in Section 40.01.010, shall be subject to the following standards:
(a)
No more than three sales may be conducted in any one calendar year.
(b)
Each sale shall last no more than two consecutive days beginning each day no earlier than 8:00 a.m. and ending no later than 5:00 p.m.
(c)
Personal property sold at a sale shall not include secondhand goods obtained for purposes of re-sale.
(Ord. 1939 § 2)
§ 40.26.135 (Reserved)
Prior history: Ord. 1787 § 25; repealed by Ord. 2677, 11/4/2025.
§ 40.26.140 Golf driving ranges.
All golf driving ranges shall be located only on major or secondary thoroughfares. Flood lights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than two hundred feet from any adjacent existing or future H district. A temporary conditional use permit may be issued for a period of one year only, which permit may be renewed for a period of one year at the expiration of such permit; provided, that all requirements of this chapter have been and can continue to be complied with.
(Ord. 296 § 24.15)
§ 40.26.150 Home occupations.
The purpose of the home occupations provisions is to permit the conduct of a business in residential districts and residential uses in other districts, and is limited to those uses which may be conducted within a residential dwelling without in any way changing the appearance or conditions of the residence and neighborhood. (Also see definition per zoning ordinance, Section 40.01.010.)
(a)
Criteria. The following criteria shall be employed by the director to determine a valid home occupation.
(1)
No employment of help other than the members of the resident family or household and no more than one assisting full time equivalent employee. No more than one part-time employee from outside the household shall be working at any one time.
(2)
No external use of material or equipment not recognized as being part of the normal practices in the residential district.
(3)
No direct sales of products or merchandise from the home.
(4)
The use shall not generate pedestrian or vehicular traffic or parking needs beyond the normal to the residential district.
(5)
It shall not involve the use of commercial vehicles for delivery of materials to or from the premises.
(6)
The home occupation shall not involve the use of advertising signs on the premises except that one nameplate (name/occupation only) is permitted not to exceed one-half square foot in area. The nameplate is to be located flat against the building wall only.
(7)
No more than twenty-five percent of the area of one floor of the residence shall be used for such purposes.
(8)
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, or vibrations.
(9)
There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
(10)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from outside the premises.
(11)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(12)
Persons with demonstrated physical handicaps may be permitted special review by the planning commission. The applicant may request waiving of one or more, or a portion thereof, of the above requirements per paragraphs (1) through (9) of this subsection (a). This special request shall be reviewed by the planning commission at a public hearing, involving the notification of property owners within one hundred feet of subject property. In reviewing the request, the planning commission shall consider any waivers based solely on the applicant's physical inability to function within the requirements of paragraphs (1) through (9) of this subsection (a).
(13)
In cases where the director is undecided about the compatibility of the use with the neighborhood, the director may issue temporary approval for a specific time period. After the stated time period, the director shall review this use, and the director shall consider adjacent property owner comments and any other information regarding the conduct and operation of the use. After such review, the director may approve such use permanently but must notify originally surveyed property owners.
(14)
A cottage food operation as defined in Section 113758 of the Health and Safety Code shall be a permitted home occupation provided it complies with all applicable provisions of this section and the Health and Safety Code, as it may be amended. Any applicant for a home occupation permit under this subsection shall demonstrate he or she operates a qualifying cottage food operation. Notwithstanding the foregoing, subsections (a)(3), (7) and (9) shall not apply to a cottage food operation.
(b)
Exclusions. The following uses are examples of those uses which are specifically prohibited:
(1)
Schools of any size or type;
(2)
Boarding or lodging house as defined in this chapter;
(3)
Antique shop;
(4)
Barber shop, beauty parlor (except hair cutting by appointment only and by not more than one of the occupants of the premises; provided, that not more than one hundred square feet is devoted to such use);
(5)
Funeral chapel or home, mortuaries;
(6)
Gift shop;
(7)
Medical or dental clinic or hospital, animal hospital or grooming facilities;
(8)
Day care centers or nursery schools;
(9)
Private clubs;
(10)
Restaurants;
(11)
Auto or motorcycle, boat or trailer, similar type repair shops;
(12)
Kennels;
(13)
Office of a health care provider when special mechanical equipment is required.
(c)
Application and procedure. Application for a home occupation shall be made to the community development and sustainability department on a form provided by the community development and sustainability department, and shall be accompanied by the appropriate filing fee.
The decision of the community development and sustainability department shall be final unless an appeal is filed within fifteen days of the decision. Any appeal shall be reviewed by the planning commission.
(d)
Voiding of permit. The director may void any home occupation for noncompliance with the criteria set forth in this section.
(e)
Time limit. All home occupations shall be valid for a period of two years from initial date of approval.
Request for a time extension shall be submitted to the community development and sustainability department in writing, accompanied by the appropriate fee and one month prior to expiration.
(Ord. 296 § 24.16; Ord. 875 § 14; Ord. 1006 § 1; Ord. 2390 § 2, 2012; Ord. 2407 § 1, 2013; Ord. 2677, 11/4/2025)
§ 40.26.160 Hospitals, churches, etc.
Hospitals, churches or other religious or eleemosynary institutions shall maintain a ten foot wide or greater landscaped strip or a solid six foot high fence on all property lines abutting any R district. All such uses in an R-1 or R-2 district shall be located on a major or secondary street.
(Ord. 296 § 12.17; Ord. 416 § 5; Ord. 601 § 1)
§ 40.26.170 Labor camps.
Labor camps shall comply with the following regulations:
(a)
No structure shall be located closer than fifty feet from the front lot line, and no closer than twenty feet from any property line. When adjoining an R district, no structure shall be closer than one hundred feet from the adjoining property line.
(b)
The aggregate site area shall contain not less than three thousand square feet of land area for each tent, trailer space, cabin or for each three workers, whichever is greater, and no structures shall be closer than ten feet from any other structure.
(c)
A usable recreation area shall be provided for each labor camp, and shall contain not less than two hundred square feet of area for each dwelling space or unit or for each three occupants, whichever is greater.
(d)
Access roads and parking areas shall have a durable and dust free surface, and the area shall be so graded as to dispose of all surface water accumulated within the area.
(e)
A conditional use permit for a labor camp will be issued for a period not to exceed one year subject to renewal.
(Ord. 296 § 24.18)
§ 40.26.180 Landing strips for aircraft; heliports.
All landing strips for aircraft or heliports shall be located no closer than one thousand feet from any dwelling, shall provide runways so oriented that aircraft landing and taking off do not normally pass directly over dwellings, shall be so located that air or land traffic shall not constitute a nuisance to neighboring uses. Adequate controls and measures shall be taken to prevent offensive dust, noise, vibration or bright lights. The facilities in question shall meet the standards of the Federal Aviation Agency for the particular class or field.
(Ord. 296 § 24.19)
§ 40.26.250 (Reserved).
Prior History: Ord. 296 § 24.20; Ord. 894 § 1; Ord. 920 § 1; Ord. 1627 § 52; Ord. 2390 § 2, 2012; repealed by Ord. 2677, 11/4/2025.
§ 40.26.255 Dwelling units with more than five bedrooms in the R-1, R-2, R-2-CD, R-R and similar planned development districts.
(a)
In addition to the standard findings for the issuance of a conditional use permit in Section 40.30.080, the planning commission or city council shall issue a conditional use permit provided the planning commission or city council are satisfied that the proposal meets the findings for approval. For the purposes of this finding and guideline, the functional common living area includes the kitchen, dining areas, living room, family room, and/or recreational room, not including spaces determined to be a bedroom based on the definition of a bedroom in Article 40.01 of this chapter.
(b)
The proposal that involves six or more bedrooms in a dwelling unit shall provide a minimum of one covered parking space on the property consistent with Article 40.25 of this chapter. The provisions of Section 40.25.120 (exceptions to parking standards for single-family and duplex dwellings) shall not be applicable to dwellings with six or more bedrooms.
(c)
Findings. In order to grant a conditional use permit for a dwelling with more than five bedrooms, the planning commission shall find the following as contained herein:
(1)
The proposal shall not reduce the compatibility of the use of the dwelling unit within the district.
(2)
The floor plan is clearly not intended to maximize the potential use of the property for rental purposes in a boarding house configuration as opposed to floor plan layouts typical of single-family houses.
(3)
The proposal shall not reduce the common living areas and utility areas so that the livability of the dwelling is substantially reduced due to lack of functional living space, space for congregation or lack of adequate utility area for single-family use.
(4)
The proposal shall not substantially change the floor plan in a manner that consists of predominately bedrooms with minimal common usable interior spaces.
(5)
A minimum of one required parking space shall be covered.
(Ord. 2276 § 5, 2007)
§ 40.26.256 Dwelling units with more than five bathrooms in the R-1, R-2, R-2-CD, R-R and similar planned development districts.
(a)
In addition to the standard findings for the issuance of a conditional use permit in Section 40.30.080, the planning commission or city council shall issue a conditional use permit provided the planning commission or city council are satisfied that the proposal meets the findings for approval. For the purposes of this finding and guideline, the functional common living area includes the kitchen, dining areas, living room, family room, and/or recreational room, not including spaces determined to be a bedroom based on the definition of a bedroom in Article 40.01 of this chapter.
(b)
The proposal that involves six or more bathrooms in a dwelling unit shall provide a minimum of one covered parking space on the property consistent with Article 40.25 of this chapter. The provisions of Section 40.25.120 (Exceptions to parking standards for single-family and duplex dwellings) shall not be applicable to dwellings with six or more bathrooms.
(c)
Findings. In order to grant a conditional use permit for a dwelling with more than five bathrooms, the planning commission shall find the following as contained herein:
(1)
The proposal shall not reduce the compatibility of the use of the dwelling unit within the district.
(2)
The floor plan is clearly not intended to maximize the potential use of the property for rental purposes in a boarding house configuration as opposed to floor plan layouts typical of single-family houses.
(3)
The proposal shall not reduce the common living areas and utility areas so that the livability of the dwelling is substantially reduced due to lack of functional living space, space for congregation or lack of adequate utility area for single-family use.
(4)
The proposal shall not substantially change the floor plan in a manner that consists of predominately bedrooms with minimal common usable interior spaces.
(5)
A minimum of one required parking space shall be covered.
(Ord. 2633 § 6, 2022)
§ 40.26.260 Living groups.
All living groups shall be in compliance with the following standards:
(a)
Compliance with the noise ordinance;
(b)
Adequate maintenance of yards and house per city public nuisance ordinances and health/safety codes;
(c)
Adequate provision of automobile and bike parking per zoning ordinance standards;
(d)
Restriction of number of residents based on building code requirements and parking supply;
(e)
Requirements for good neighbor policies shall be approved by the city council by resolution. All living groups within the city shall adhere to these guidelines. The guidelines shall be reviewed annually by the City-UCD student liaison commission and the project planning commission for effectiveness and, if needed, changes to the guidelines shall be recommended by the project planning commission to the city council for amendment. If changes are made to the guidelines, all living groups will receive a copy of the new guidelines. It is the responsibility of the living group officers to educate members of the changes;
(f)
If a UCD campus organization, then registration as a campus organization at UCD and in good standing, copies of which statement/registration shall be provided the city;
(g)
An agreement with the property owner of the proposed residence shall be submitted to the community development and sustainability department which states that a living group can reside on the subject property;
(h)
Community development and sustainability department review of all flags and signs.
(Ord. 1329 § 5; Ord. 1737 § 18, 1994)
§ 40.26.261 Living groups which are conditional uses.
(a)
Fencing requirements, especially between single-family dwellings, as may be required by individual conditional use permit;
(b)
An agreement with property owner of proposed residence, which states that all conditional use permit conditions will be met and complied with, shall be submitted to the community development and sustainability department prior to a conditional use permit being granted;
(c)
Compliance with city-required conditions of approval; and
(d)
Other conditions as may be required by the planning commission relative to individual proposed resident situations.
(Ord. 1737 § 19, 1994)
§ 40.26.262 Living groups which were permitted uses prior to Ord. 1737.
All living groups which were permitted uses prior to the adoption of Ordinance 1737 shall be considered legal nonconforming uses subject to the regulations set forth in Article 40.28 of this chapter. Such nonconforming uses shall conform to the requirements in Section 40.26.260. If the nonconforming living groups do not meet the requirements set forth in Section 40.26.260, the city council may declare the use to be a public nuisance and commence action or proceedings for the abatement of the use per Section 40.37.030.
(Ord. 1737 § 21, 1994)
§ 40.26.270 Family and group day care homes, nursery schools and day care centers.
(a)
The following definitions shall be used to classify and describe the type of facility and the resultant requirements:
(1)
Family and Group Day Care Homes. Licensed by the county social welfare department, have no age restrictions, and serve as the residences of the licensees. Small family daycare homes serve a maximum of six children, or up to eight children if the criteria in Health and Safety Code Section 1597.44 are met, while large family day care homes serve from nine to twelve children, or up to fourteen children if the criteria in Health and Safety Code Section 1597.465 are met. Such number shall include all resident children in the homes younger than ten years old.
A family or group day care home shall be considered a residential use of property for the purposes of this chapter.
No conditional use permit or other zoning clearance shall be required for such a home which is not required of a single-family residence in the same zone.
(2)
Nursery Schools and Day Care Centers. Licensed by the state department of social welfare, serve groups of more than twelve children and have no age restrictions. Such care is specifically suitable for comprehensive, enriched partial or full day care for children between the ages of three and five years and for children needing after-school care who would benefit from large group contact.
(b)
Requirements for family and group day care homes, nursery schools and day care centers.
(1)
Large family day care homes, group day care homes, nursery schools, and day care centers shall have a minimum of:
(2)
The facilities may also be subject to other requirements, such as the California Health and Safety Code, the California Administrative Code, and the Uniform Building Code;
(3)
Nursery schools and day care centers shall have conditional use permits.
(Ord. 296 § 24.21; Ord. 527 § 4; Ord. 683 § 1; Ord. 703 § 1; Ord. 1045 §§ 1, 2; Ord. 1073 §§ 1—8; Ord. 1198 § 8; Ord. 1212 § 1; Ord. 2165 § 5, 2004; Ord. 2359 § 10, 2010; Ord. 2677, 11/4/2025)
§ 40.26.280 Nursing homes.
Nursing homes shall comply with the following regulations:
(a)
Approval for a nursing home shall be obtained from proper agencies concerning health and safety conditions, and such home shall be licensed by such agencies.
(b)
Any such use shall prove that there will be no harm to adjacent existing or potential residential development.
(Ord. 296 § 24.22)
§ 40.26.290 Poultry and hog farms.
Any building housing over six chickens or other poultry or housing hogs shall be distant not less than two hundred feet from every lot line. Proponent shall show that odor, dust, noise and drainage shall not constitute a nuisance or hazard to adjoining property or uses.
(Ord. 296 § 24.23; Ord. 316 § 20)
§ 40.26.300 Quarries, mines and gravel pits.
(a)
Extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any district established by this chapter unless and until a conditional use permit shall first have been secured therefor, except for the following defined extractions and deposits:
(1)
Excavations for the foundations or basements of any building or swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.
(2)
Grading of any parcel of land for a permitted use where no bank is left standing and exposed for more than ten feet in vertical height, or when less than one thousand cubic yards of earth is removed from the premises.
(3)
Grading in a subdivision which has been approved by the city in accordance with Chapter 36.
(4)
Any quarry existing and operating as such on March 6, 1963, shall obtain a conditional use permit and conform with the provisions of this chapter within one year of such date.
(b)
The planning commission shall have the power to grant conditional use permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building and construction materials.
(c)
The city engineer shall make such inspections as he or she deems necessary or as required by the planning commission to ensure that the terms and provisions of the conditional use permit are being complied with, and to determine the conditions which should be imposed with the granting of a conditional use permit or if a conditional use permit should be granted.
(d)
All inspection services shall be paid for by the applicant or permittee at the actual cost thereof to the city. As soon as reasonably possible after any such liability has been incurred, the applicant or permittee shall be billed for such expense. Payment shall be due within thirty days after billing.
(e)
The applicant for a conditional use permit for the extraction or deposits of materials as provided in this chapter shall deposit with the city clerk, at the time of the application, the sum of one hundred dollars as a deposit to ensure payment of inspection fees required herein. This deposit shall be refunded to the applicant when the conditional use permit expires, or is terminated; provided, that all inspection fees have been paid. This deposit shall be available to reimburse the city for any expense incurred in carrying out the required inspections which has not been paid for within thirty days after billing same. The applicant or permittee shall be notified immediately upon the dissemination of the deposit and shall have thirty days thereafter to reinstate the amount of deposit. Failure to so reinstate the deposit shall be considered as an abandonment of any application or a violation of a condition of any conditional use permit, as applicable.
(f)
The conditions under which a conditional use permit for excavation from or depositing on the earth of such materials may be issued, may include but are not limited to any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare, including insurance against liability arising from production or activities or operations incident thereto, completion of the work and cleaning up and planting in accordance with approved plans, designation of area in which work may be done, designation of the slope to which the excavation may be made or the grade of fill slopes, provisions for controlling dust, hours during which operations may proceed, precautions which shall be taken to guide safe traffic movements in and around and by such operation, enclosure by fences of exterior boundaries of property to be used, posting of a good and sufficient bond to assure compliance with the conditional use permit and any other conditions deemed necessary by the planning commission. The planning commission may include any conditions recommended by the city engineer which are necessitated by or based upon standard engineering practices.
(Ord. 296 § 24.25; Ord. 1444 § 10; Ord. 1923 § 10)
§ 40.26.310 Recreational facilities.
Defined as amusement centers, bowling alleys, dance halls and similar places of amusement, but excludes cardrooms. Recreational facilities shall provide off-street parking and ingress and egress designed so as to minimize traffic congestion, shall be not less than twenty feet from any property line, shall provide a minimum six-foot high solid board fence or masonry wall separating the entire area from abutting residential property and shall show that adequate controls and measures will be taken to prevent excessive noise.
(Ord. 296 § 24.26; Ord. 1821 § 5)
§ 40.26.312 Recreational vehicles used as dwellings.
Utilization of a camper, camp trailer, tent trailer, motorhome of similar type vehicle, parked either on a public street or private property, for living or sleeping purposes for more than seven consecutive days shall be prohibited except in an lawfully operated mobile home park, travel trailer park, or campground.
(Ord. 1939 § 2)
§ 40.26.320 Shooting clubs.
A shooting club shall not be located within one-half mile of any developed residential, commercial or industrial area, or place of public assembly. A conditional use permit may be granted to be in force for one year at the expiration of each conditional use permit; provided, that the above requirements can continue to be met.
(Ord. 296 § 24.27)
§ 40.26.330 Stables and paddocks.
All private stables and paddocks shall be located on the rear half of a lot and not closer than twenty feet to any property line, nor closer than forty feet to any dwelling on the same or adjoining property.
(Ord. 296 § 24.28)
§ 40.26.340 Street frontage required.
Except as permitted by other provisions of this chapter, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least thirty-five feet on a street.
(Ord. 296 § 24.29)
§ 40.26.350 Swimming and decorative pools.
(a)
A private pool, as regulated in this section, shall be any pool, pond or lake, whether above or below the ground, containing water and not located within a completely enclosed building.
(b)
A swimming pool shall be any such pool, pond or lake, capable of containing water in excess of eighteen inches in depth. All other pools, ponds or lakes shall be defined as decorative pools. No such pools shall be located or permitted in any R district, except as an accessory use.
(c)
Swimming pools shall meet the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located, except in cases where it may be a conditional use for the purpose of swimming lessons.
(2)
Swimming pools or spas which have mechanical equipment or which have structural components integral with excavations or earth may not be nearer than five feet to any lot line. The mechanical equipment may be placed nearer to the property line and in all other cases, the pool may be nearer to the property line, unless prohibited by nearby easements.
(Ord. 296 § 24.30; Ord. 305 § 1; Ord. 489 § 1; Ord. 780 § 1; Ord. 902 § 1; Ord. 1830 § 1, 2)
§ 40.26.360 Tract and subdivision offices, and temporary trailer uses.
A temporary tract or subdivision office, or temporary trailer in any district shall be located only on the property to which it is an appurtenant use. This use shall be terminated upon completion of construction activities for the principal use on the same property or one year from the date of authorization, whichever occurs first unless otherwise specified with approval.
A temporary tract, subdivision office, or temporary trailer may be approved by the director as a temporary use pursuant to Article 40.30B of this chapter if the following requirements are satisfied:
(a)
Adequate on-site parking is provided; and
(b)
The structure complies with setbacks required in the district.
(Ord. 296 § 24.3.1; Ord. 316 § 22; Ord. 1177 § 1; Ord. 1845 § 3; Ord. 1906 § 3, 1997; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)
§ 40.26.370 Trailers, trailer parks and mobile homes.
(a)
Any enlargement or extension of any existing mobile home park shall require a conditional use permit as if it were a new use.
(b)
Except as permitted in Sections 40.07.010 through 40.28.010 and 40.26.380, no person shall use a trailer or mobile home, be an inhabitant of, reside in or otherwise occupy a trailer or mobile home for living purposes or permit the same to be done, or maintain, store or keep a trailer or mobile home for any such purpose in any district.
(c)
In any district, the wheels or any similar transporting devices of any mobile home, trailer or camp car shall not be removed except for repairs, nor shall such mobile home, trailer or camp car be otherwise permanently fixed to the ground by any person in a manner that would prevent ready removal of said mobile home, trailer or camp car.
(d)
No vehicular entrance to or exit from any mobile home or trailer park shall be within two hundred feet along streets from any public playground, school, church, hospital, library or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
(e)
All areas for automobile access and parking shall comply with the applicable provisions of Sections 40.25.010 through 40.25.120.
(f)
All buildings and mobile homes shall be located not less than twenty feet from all lot lines and all buildings shall not occupy in the aggregate more than twenty-five percent of the area of the lot. The required twenty feet shall be landscaped.
(g)
Any mobile home or trailer park site shall have a minimum site area of ten acres, and shall be developed to a density not in excess of nine trailers per acre of land so developed.
(h)
A mobile home park shall be located only upon a major or secondary street.
(i)
Sanitary regulations prescribed by the state, city or county, together with all amendments thereto subsequently adopted and as may otherwise be required by law, shall be complied with.
(j)
A mobile home or trailer park shall be located on the perimeter of a low density residential area where a transition is being made from a low density residential area to a higher density residential, commercial or industrial area.
(k)
Twenty percent of the gross area of any mobile home or trailer park shall be devoted to useable open space. This open space and any other area not improved for parking, circulation, buildings, and mobile home sites shall be completely landscaped, and the entire mobile home or trailer park shall be maintained in a condition commensurate with the standard of condition maintained by mobile home and trailer parks of similar size and cost in the area.
(l)
In addition to any other requirements for a mobile home and trailer park site contained in this section, the planning commission or city. council may require that such site be improved by walkways or paths reasonably necessary for the circulation and movement of pedestrians and bicycles.
(m)
If mobile homes or trailers are stored on the site of a mobile home park, they shall be screened with a six-foot fence.
(n)
A twenty-foot width landscaped area shall be required on all sides of the trailer park across the street from property zoned commercial or industrial.
(Ord. 296 § 24.32; Ord. 333 § 4; Ord. 421 § 1; Ord. 501 § 4; Ord. 1141 § 1)
§ 40.26.380 Standards for mobile homes and manufactured homes in single-family home zoning districts.
The following standards are to apply:
(a)
Manufactured homes are a permitted use on any lot zoned for single-family residential uses. The manufactured homes shall be subject to the same growth management system as conventional single-family homes;
(b)
Manufactured homes shall be required to be placed on a foundation system as required by Section 65852.3 of the State of California Government Code;
(c)
Manufactured homes shall provide parking, including covered parking, in accordance with Sections 40.25.100(c) and 40.25.090(f) and (g);
(d)
Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space shall be subject to the same requirements as the zone in which the manufactured home is located; and
(e)
Roof overhangs, roofing materials and siding materials shall be in character with the overhangs and materials which are commonly used in conventional single-family homes in the subject subdivisions (or in adjacent subdivisions if there are not sufficient examples in the subject subdivision). A roof overhang requirement not exceeding sixteen inches may be imposed. Manufactured homes installed in a district with design guidelines shall comply with the guidelines for the district.
(Ord. 1141 § 2; Ord. 2072 § 2, 2001)
§ 40.26.390 Storage of automobiles and other motor vehicles.
No sales, dead storage, repair work, dismantling or servicing of any automobile or other motor vehicle or parts thereof shall be permitted in the front yard of any residential property; provided, that nothing herein contained shall preclude the repair, dismantling or servicing of any such automobile or other motor vehicle if the same continues for a period not to exceed seventy-two hours; and provided further, that "dead storage" as the same is used in this section shall refer to the storage of any automobile or other motor vehicle which is inoperable and remains inoperable for a period in excess of one hundred twenty hours.
(Ord. 296 § 24.33; Ord. 377 § 7)
§ 40.26.400 Amusement arcades.
(a)
Amusement device. Any machine, apparatus or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to such machine or connected therewith, operates, or which may be operated for use as a game, contest, or amusement and which does not contain a payoff device for the return of coins, tokens or merchandise. This includes but is not limited to electronic, marble and pinball games, but shall not include coin-operated music players or billiards.
(b)
Primary amusement arcades. Any public place of amusement where the revenues received from the management of amusement devices is the primary source of revenue, regardless of the number of machines in such an establishment.
(c)
Secondary amusement arcades. Any public place where amusement devices provide less than fifty percent of the total revenue received. The presence of amusement devices in such an establishment should be incidental to the primary activity of the business (e.g., a bona fide eating place or a market).
(d)
Operator. Any person who, as owner, lessee, employee, agent, or otherwise, operates, installs, keeps, maintains, permits or allows to be operated, installed or maintained, any coin-operated amusement device in or upon any premises owned, leased, managed, operated or controlled by such person with the city.
(e)
Conditional use permit required. Conditional use permits shall be required for the following arcades pursuant to Article 40.30 of this chapter:
(1)
All primary arcades, regardless of the number of devices in such an establishment or the zone in which such an arcade exists; and
(2)
All secondary arcades having five or more devices, regardless of the type of establishment or the zone in which such an establishment exists.
(3)
The operator of a primary or secondary amusement arcade shall notify the community development and sustainability department if the number of devices is proposed to increase above the number specified in the originally-approved conditional use permit and an additional conditional use permit shall be required.
(4)
The planning commission may approve a conditional use permit application for an amusement arcade to be located in the C-C (central commercial), C-N (commercial neighborhood), or CMU (commercial mixed use) districts, or related planned development-zoned properties accommodating similar uses. A follow-up review may be scheduled and other conditions imposed if deemed to be in the public interest.
(f)
Parking requirements. One automobile parking space shall be provided for each three hundred square feet of gross floor area.
(g)
Existing arcades. Any use which constitutes a primary or secondary amusement arcade on the date the ordinance codified in this section becomes effective shall comply with the provisions of this section within sixty days thereafter. The fee for all permits for amusement arcades shall be waived for persons or businesses which have amusement devices on the effective date of the ordinance codified in this section.
(Ord. 1191 § 2; Ord. 2359 § 10, 2010; Ord. 2421 § 7, 2013)
§ 40.26.410 Sex oriented businesses.
(a)
Purpose. The city council finds that sex oriented entertainment businesses have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other, located in the vicinity of facilities frequented by minors, and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area and preserve the public health, safety and welfare of the citizenry.
(b) Sex oriented entertainment business Sex oriented bookstore Sex oriented motion picture theater Sex oriented hotel or motel Sex oriented motion picture arcade Sex oriented cabaret Model studio Sexual encounter center Specified sexual activities(A) (B) (C) (D) (E) (F) Specified anatomical areas
Definitions. For purposes of this section:
means any sex oriented bookstore, sex oriented motion picture theater, sex oriented hotel or motel, sex oriented motion picture arcades, sex oriented cabaret, model studio, sexual encounter center, or any other business or establishment which offers its patrons services or entertainment of which a preponderance of the business is characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
means an establishment where a preponderate portion of its stock in trade books, magazines and other periodicals is distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a preponderate segment or section devoted to the sale or display of such material.
means an enclosed or unenclosed building or structure where a preponderate portion of the material presented therein is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
means a hotel or motel wherein a preponderate portion of any material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
means any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons, and where a preponderate portion of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
means a nightclub, theater or other establishment which features live performances where a preponderate portion of the performances are by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, whose performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
shall include:
Human genitals in a state of sexual stimulation or arousal;
Sex acts normal or perverted, actual or simulated, including, but not limited to, masturbation, ejaculation, sexual intercourse, coitus, oral copulation, anal intercourse, oral anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism or zooerasty;
Fondling or other touching or sexual stimulation of human genitals, pubic region, buttock, anus or female breast;
Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
Touching, fondling, masturbating, copulating or other erotic or lewd contact with an animal by a human being;
Human excretion, urination, menstruation, vaginal or anal irrigation.
shall include:
(c)
Special regulations.
(1)
The establishment of any sex oriented entertainment business in any zone wherein such use is permitted under the provisions of this chapter shall comply with the special regulations contained in this section in addition to the regulations applicable to the zone wherein the use is established. No sex oriented entertainment business shall be established:
(A)
Except in an industrial (I) or industrial research (I-R) district, or in those areas of a planned development (P-D) district designated for industrial (I) or industrial research (I-R) uses;
(B)
Within five hundred feet of any area zoned or used for residential purposes;
(C)
Within one thousand five hundred feet of any other sex oriented entertainment business;
(D)
Within five hundred feet of any public or private school, public park, playground, recreational area, public building, church, or any noncommercial establishment operated by a bona fide religious organization.
(2)
The establishment of any sex oriented entertainment business shall include the operating of such a business as a new business, the relocating of such business, or the conversion of an existing business location to any sex oriented entertainment business use.
(3)
Distances required by this section shall be measured from the nearest property lines of the parcels on the zone in question or containing the use in question.
(4)
All windows, doors or other apertures shall be architecturally screened or otherwise obscured so as to prevent the viewing of the interior of the sex oriented entertainment business from without.
(5)
No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way.
(6)
All sex oriented entertainment businesses shall provide security personnel to control behavior of both indoor and outdoor patrons so they do not violate any laws. The security personnel shall be provided at a ratio of one per ten parking spaces.
(7)
No loitering or consumption of alcoholic beverages shall be allowed in sex oriented entertainment business parking lots. Parking lots shall contain signage stating that loitering and consumption of alcoholic beverages are prohibited in parking lots.
(8)
Total sign area shall not exceed twenty square feet. Businesses located on a corner lot may have a maximum of twenty-five square feet.
(9)
Parking shall be provided at a ratio of one space per two seats and/or one space per one hundred square feet of gross leasable floor area, as determined by the community development and sustainability department. The department's determination shall be based on the extent to which the sex oriented entertainment business provides seating for patrons.
(d)
Waiver of locational provisions.
(1)
Any property owner or his or her authorized agent may apply to the project planning commission for a waiver of any locational provisions as set forth in this section. The project planning commission, after a hearing, may waive any locational provision, if all the following findings are made:
(A)
The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;
(B)
The possible harm created by the proposed use is outweighed by its benefit;
(C)
The proposed use will not enlarge or encourage the development of a blighted or skid row area;
(D)
The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;
(E)
All applicable regulations of this Code will be observed.
(2)
Notwithstanding any other provision of this Code, original jurisdiction to hear applications for waivers under this section is vested in the project planning commission. The procedure for this hearing shall be the same as that provided for in this chapter for the issuance of conditional use permits by the project planning commission, including the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.
(Ord. 1735 § 1)
§ 40.26.420 Drive-through facilities.
All drive-through facilities shall comply with the following standards:
(a)
All drive-through facilities shall require a use permit approval by the planning commission. Drive-through facilities may be allowed as conditional uses, subject to the provisions of this section, in those planned development zones adopted by individual ordinance, if office, retail or industrial uses are permitted in the zone district.
(b)
Drive-through facilities may be approved only as accessory uses to a permitted use or facility. For example, a drive-through window for a restaurant may be approved only as an accessory to a sit-down restaurant.
(c)
Locations at or near major intersections with traffic congestion may be approved only if it is demonstrated that the drive-through will not significantly contribute to carbon monoxide "hot spots." For the purposes of this document, "hot spots" are defined as areas having relatively high concentrations of carbon monoxide as indicated by the most recent data from the Yolo-Solano air pollution control district or other sources determined by the director.
(d)
No more than one drive-through lane will be approved for any single facility.
(e)
Entries and/or exits to drive-through facilities shall be a minimum of one hundred 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 public works director determines that public safety and/or the efficiency of traffic circulation are not being compromised.
(f)
Drive-through stacking lanes shall be a minimum one hundred feet from any residential lot. The planning commission may modify or waive this requirement if the property is located in a mixed use zoning district and if it determines that the impacts to nearby residences will be minimal.
(g)
Speakers at drive-throughs shall not be audible from adjacent residential uses. Sound attenuation walls, landscaping or other mitigation measures may be required as necessary.
(h)
Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility.
(i)
Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.
(j)
Drive-aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum six cars (approximately one hundred fourteen feet).
(k)
No drive-through aisles shall exit directly into a public right-of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway.
(l)
Drive-aisles shall be separated from landscaping areas by a six-inch-high, poured in place, concrete curb or other suitable protective device meeting city approval.
(m)
All service areas, restrooms, and ground mounted mechanical equipment shall be screened from public view.
(n)
Landscaping shall screen drive-through aisles from the public right-of-way and shall be used to minimize the visual impacts of readerboard signs and directional signs.
(o)
Menu board shall be a maximum of thirty square feet, with a maximum height of six feet, and shall face away from the street.
(p)
Drive-throughs shall be architecturally compatible with nearby structures and complement existing or planned streetscape elements such as light poles and fixtures, sidewalk pavers, street trees and benches. Additionally, drive-throughs shall provide landscaping to buffer adjacent uses, and provide adequate lighting which is shielded from adjacent properties.
(Ord. 1739 § 10; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.26.430 Drive-through facilities in the commercial mixed use (CMU) zone.
Drive-through facilities in the CMU zone shall meet the requirements of Section 40.26.420, with the following exceptions:
(a)
Drive-through facilities may be approved as a principal use, if the use is permitted in the CMU zone, if the following criteria are achieved:
(1)
Landscape coverage for all drive-through facilities, where the drive-through is the principal use, shall be a minimum of forty percent of the lot on a corner lot and a minimum of fifty percent of the lot on a mid-block lot.
(2)
The drive-through use shall also be designed to serve separately pedestrians and persons arriving by bicycle.
(c)
Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of six cars (approximately one hundred fourteen feet). If the facility provides two drive-through lanes, the total of both drive-through lanes shall be one hundred fourteen feet. The minimum drive-through lane length shall be fifty-seven feet.
(Ord. 1793 § 2; Ord. 1903 § 2)
§ 40.26.440 Open-air vending machines.
(a)
Findings of fact. The city council finds and declares that:
(1)
The primary purpose of public sidewalks is the free and unobstructed right of pedestrian travel in a clean, safe, and orderly manner;
(2)
The use of public space for commercial enterprise has generally been precluded in order to preserve these areas for public purposes, and to avoid the appropriation of public property or the creation of unfair economic advantage to businesses competing in commercial districts on private property;
(3)
Nevertheless, the sale and distribution of newspapers, news periodicals, and other publications/printed material has historically taken place in newsracks located on city-owned property and/or within the public right-of-way. These same areas are increasingly being used for other open-air vending machines as well. Therefore, access to these areas for this purpose should not be unreasonably or absolutely denied;
(4)
The distribution of newspapers via newsracks in business areas accommodates convenient dissemination of the news and encourages an informed citizenry, even though such distribution competes with normal retail or subscription methods. The availability of other open-air vending machines provides a public convenience and encourages non-vehicular trips which improves air quality and neighborhood livability;
(5)
The unregulated placement and maintenance of open-air vending machines on city-owned property and/or in the public right-of-way can pose a hazard and annoyance to pedestrians, abutting land owners, vehicles, and the maintenance of public improvements;
(6)
The construction and location of numerous disparate types of open air vending machines creates physical and visual clutter in the public right-of-way and setbacks, and is unsightly and not in keeping with the aesthetic pattern the city seeks to promote;
(7)
The aesthetically pleasing and functional design, and regulation, of the use of public rights-of-way throughout the city are an important component of the city's efforts to improve and beautify its business areas. The core area specific plan calls for a coordinated system of newspaper vending machines in order to reduce the proliferation, clutter, unsightliness and hazards of individually placed newsracks;
(8)
Governmental interest in regulating health, safety, and welfare, public interest in freedom of expression, and competing private commercial interests in providing goods and services, require reasonable accommodation which can only be satisfactorily achieved through regulation which imposes reasonable time, place, and manner regulations upon the use of open-air vending machines;
(9)
In order to create and preserve design conformity in a special improvement district (such as those pursuant to the Parking and Business improvement Area Law of 1989) or program, the city reserves the right to review, and in its sole discretion, approve particular materials, design, location and placement, dimensions and colors of open-air vending machines which are to be placed on city-owned property and/or within the public right-of-way. This may include consolidated racks that have one design and multiple openings through which periodicals or products are dispensed. Consolidated racks are also referred to as "multiple dispenser racks";
(10)
That the proposed amendment is in general in conformance with the city's general plan;
(11)
That the public necessity, convenience, and general welfare require adoption of the proposed amendments.
(b)
Statement of purpose. It is the purpose of this section of the Davis Municipal Code to recognize that:
(1)
Open-air vending machines are an acceptable incidental use on certain city-owned property and/or within the public right-of-way, and shall be reasonably accommodated so long as such use is not inconsistent with the underlying dedication for public right-of-way or other public use, does not impede pedestrian travel, does not block lines of sight for motorists or bicyclists, does not interfere with the rights of adjoining property owners, makes reasonable accommodations for the physically challenged and takes place in full compliance with the requirements of this section and all other applicable regulations of the city.
(2)
Construction, location, placement, and maintenance of open-air vending machines must be reviewed in relationship to proximity, design, density, and use of other existing or proposed street improvements and furniture of the streetscape, including, but not limited to: sign and lamp posts, parking meters, pedestrian benches, trash receptacles, trees and planters, telephone booths, traffic devices, bus shelters and benches, bus stop areas, loading zones, postal receptacles, bicycle racks, bicycles parking, ADA access, bollards telephone and power poles, mail boxes, ramps drinking fountains and other landscaping.
(c)
Permit requirement. It is unlawful to place or maintain an open-air vending machines on property owned by the city or on public sidewalks or other public rights-of-way without obtaining an encroachment permit, subject to the provisions of this section and all other applicable regulations of the city.
(d)
Application procedure.
(1)
A request for an encroachment permit for the purposes of placement or maintenance of one or more open-air vending machines on city owned property and/or within the public right-of-way shall be submitted to the public works department on appropriate forms as established by that department, and shall be accompanied by the following supplemental information.
(2)
Supplemental Information.
(A)
The name, address, telephone number, fax number, cell-phone number, and e-mail address of the applicant and/or owner of the open-air vending machine. If applicant and/or owner is a subsidiary, the name, address, telephone number, and e-mail address of the parent company shall be supplied.
(B)
The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's open-air vending machine(s).
(C)
Evidence of an applicable City of Davis business license.
(D)
The name and a description of items/materials to be distributed by each machine, and/or the collection service provided.
(E)
The number of open-air vending machines on public rights-of-way within the city that are under the control of the applicant.
(F)
Two each eight and one-half by eleven inches reproducible copies of a map showing the locations of all open-air vending machines within the city controlled by the applicant. If the applicant distributes more than one publication/item/material through the open-air vending machine, the map shall so-identify each machine.
(G)
Two each eight and one-half by eleven inches reproducible copies of a site plan, diagram or photo for each open-air vending machine showing the location of the machine and any fixed elements within a twenty-five-foot radius of the machine. Fixed elements shall include, but are not necessarily limited to, light/sign poles/posts, trees/landscape strips, traffic lights, raised planter curbs, tree-wells, planters, waste containers, postal units, fire hydrants, benches, bicycle racks, and other streetscape elements as listed in Section 29.184.1(b)(2). The site plan shall also show within a twenty-five-foot radius, curb features (e.g. rolled, cut, damaged, etc), parking, bus stops, crosswalks, loading or other zones, ADA access points, and entryways/windows/outdoor uses of abutting land uses. The site plan shall accurately show the location of each open-air vending machine and distances from other plotted features.
(H)
A written description of the dimensions, colors and material composition of each open-air vending machine, a photograph or accurate depiction of the machine, proposed method for anchoring the machine (if applicable), and proposed regular machine maintenance and maintenance schedule.
(I)
The evidence of insurance and city-indemnification described in this article.
(3)
As a part of the review of the application, the public works department shall route the application and supplemental information to the director of the community development and sustainability department (or a designee) for review and comment. Concerns of the community development and sustainability department shall be addressed and any recommended conditions shall be included as a part of the encroachment permit, if granted.
(A)
Denial of an application will occur if the application is incomplete or if additional information is requested by the city. An application may also be denied if the applicant has other open-air vending machine(s) that are not in compliance with this article.
(B)
Once submitted, a permit application will be reviewed and acted upon within fifteen business days. If the applicant is not notified within fifteen business days about the approval, denial, or extension of the permit review period, then the permit application will be considered approved. The permit review period may be extended by mutual agreement if additional information is requested by the city from the applicant or if special conditions are placed on the permit by the city.
(e)
Fees. To cover the costs of processing an application, applicants for an encroachment permit for the purpose of placement or maintenance of one or more open-air vending machines, shall pay an encroachment permit fee as established by resolution of the city council from time to time.
(f)
Transitional filings. After the ordinance codified in this section becomes effective, any person or entity owning and/or maintaining an existing open-air vending machine on city-owned property and/or within the public right-of-way shall obtain a permit by filing an application and appropriate fees, and complying with the requirements of this regulation within four months of the effective date of this article.
(g)
Performance standards. All encroachment permits issued pursuant to the terms of this article, for the purposes of placement or maintenance of an open-air vending machine, shall conform to all of the following requirements. No permit shall be issued which does not so conform.
(1)
Permitted Zone. Open-air vending machines shall be limited to the approved city-owned property and/or within the public rights-of-way as described in this article including bus stops and train stations. This article does not apply to open-air vending machines on private property.
(2)
Location and Placement. Open-air vending machines shall not be located:
(A)
Within fifteen feet of any water feature, art or monument;
(B)
Within any raised planter unless otherwise approved;
(C)
Within any landscaping unless otherwise approved;
(D)
So as to obstruct or interfere with pedestrian travel; or to restrict, when open, the clear space for the passageway of pedestrians to less than five feet;
(E)
Within two feet from the face of a street curb or so as to impede accessibility to and from vehicles parked adjacent to the curb;
(F)
So as to impair the ability to maintain public improvements;
(G)
Within five feet or so as to impede or interfere with the reasonable use of a crosswalk, display window, or building entrance;
(H)
Within five feet or so as to impede or interfere with the reasonable use of any kiosk, bench, trash receptacle, drinking fountain, bicycle rack, driveway, alley, bus shelter or other pedestrian amenity;
(I)
Within five feet or so as to interfere with the reasonable use of any fire hydrant, traffic signal box, fire call box, police call box, or other emergency facility or utility device;
(J)
Within five feet or so as to impair with or interfere with the vision of operators of vehicles and bicycles at street intersections;
(K)
Within two hundred feet of any other multiple dispenser rack facility in the public right-of-way;
(L)
Within fifteen feet of the curb return of any unmarked crosswalk;
(M)
Within five feet ahead of and fifteen feet to the rear of any sign or pavement marking for a designated bus stop measured parallel to the flow of traffic;
(N)
Where a public health, safety, or traffic hazard is created.
(3)
Density. The number of open-air vending machines at a given location or within proximity of one another shall be limited, if in the opinion of the director of public works (or a designee), they will be inconsistent with the city's findings of fact (Section 40.26.440(a)), fail to meet performance standards established herein, particularly the general standard (Section 40.26.440(g)(1)), or there will be a group of more than ten machines at any location. No group of open-air vending machines placed along a curb shall extend for a distance of more than fifteen feet and shall be no closer than one hundred feet to another group of open-air vending machines along a curb. The density limitations shall not apply to city-sponsored, multiple dispenser racks.
(4)
Sidewalk Clear Zone. A five-foot minimum clear dimension for pedestrian use in front of an open-air vending machine is required within which no other uses permitted by encroachment (e.g., sidewalk dining, outdoor advertising, outdoor sales, bicycle parking, etc.) or fixed features (e.g., newsracks, poles, posts, etc.) shall occur.
(5)
Anchorage. If a proposed open-air vending machine is to be anchored in any way, the proposed method of anchoring shall be described in detail on the encroachment permit application. Open air vending machines may not be anchored or attached in any way to any public property including, but not limited to: streetlight standards, traffic signal poles, fire hydrants, fire alarm pedestals, refuse or recycling containers, bicycle racks, utility poles, bus shelters, traffic and street sign poles or to any tree, shrub or other plant. The permittee shall be fully responsible for the cost of restoring the condition of the site due to any damage or repairs caused or necessitated by the installation or removal of any machine.
(6)
Advertising. Open-air vending machines shall carry no advertising or other signage, other than a logo or the name of the publication/item/material being distributed, or the service being provided.
(7)
Appearance. Open-air vending machines shall be maintained in good operating condition; free of graffiti, stickers, posters, and other unapproved adornments; free of rust and in good repair; clean, safe, and sanitary, and in full compliance with the site plan and conditions as approved.
(8)
Coin-operated open-air vending machines shall be equipped with a coin-return mechanism. The name and current telephone number or e-mail address of the distributor shall also be displayed in a readily visible place in order to report any malfunction or to secure a refund.
(9)
Design Conformity. In the event that the design or theme of a special improvement district or program requires that open-air vending machines be of particular materials, color, design, or dimensions, any permittee with open-air vending machines within such district or program boundaries shall be notified of the pending requirements and shall comply with them within a reasonable amount of time to be established by the city.
(A)
All modular units used in city-sponsored, multiple dispenser racks, in designated areas in the downtown area (First to Fifth Streets, A to G Streets) shall be of the Sho-Rack Concourse Series, models TK-97, K-49-16, TK-98, or approved equivalent. All opaque surfaces of the dispenser rack and the mounts shall be in the Sho-Rack standard color "green." The logo or name of the publication/item/material shall only be displayed in the color "white" on the front of these city-sponsored racks.
(B)
Priority for rack location within city-sponsored, multiple dispenser racks shall be given to daily publications which are published within the Davis city limits and are published at least five times per week year-round.
(10)
Sex-Oriented. Open-air vending machines which distribute sex-oriented publications/materials are considered sex-oriented businesses and subject to the additional restrictions on location, and other provisions, as contained in this Code.
(11)
Location Priority. If sufficient space does not exist to accommodate all open-air vending machines sought to be placed at one location without violating the standards set forth in this article, priority will be given on a first come, first served basis, to permit applicants as follows:
(A)
First priority, on a first-come, first-served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper), published at least five times per week year-round;
(B)
Second priority, on a first-come, first-served basis, shall be given to publications published more than once but less than five days per week;
(C)
Third priority, on a first-come, first-served basis, shall be given to weekly publications;
(D)
Fourth priority, on a first-come, first-served basis, shall be given to bi-weekly publications (published less than once per week but more than once per month) and;
(E)
Fifth priority, on a first-come, first-served basis, shall be given to monthly or less frequent publications.
(12)
Dimensions. Unless otherwise approved, no individual open-air vending machine shall be installed in the public right-of-way that exceeds the following dimensions: forty-nine inches high, measured from the ground to the top of the machine, two feet deep, and twenty-five inches wide.
(13)
Abandoned, Inoperative, or Non-Compliant Machines. Abandoned, inoperative, or non-compliant open-air vending machines shall be removed from city owned property and/or from within the public right-of-way within thirty days of notification by the city. Any machines remaining over thirty days after notification shall be impounded and stored by the city for up to thirty days. The city shall take reasonable efforts to determine the owner of impounded machines and notify them of the impoundment. The cost of removal and storage shall be charged the owner whether or not the owner chooses to retrieve the machines once impounded. Machines left unclaimed after thirty days will be deemed unclaimed property and disposed of pursuant to law.
Open-air vending machines shall be impounded by the city immediately if it is determined by an officer of the city that the location or condition of said machine poses an immediate danger to the public.
(14)
Unauthorized. Any open-air vending machines on city owned property or within the public right-of-way which do not comply with the provisions of this article within four months of the effective date of this article, shall be impounded and stored by the city for up to thirty days. The city shall take reasonable efforts to determine the owner of the impounded machine and notify them of the impoundment. The cost of removal and storage will be charged to the owner whether or not the owner chooses to retrieve the machine once impounded. Machines left unclaimed after thirty days shall be deemed unclaimed property and disposed of pursuant to law.
(15)
Other Applicable Regulations. Open-air vending machines shall conform at all times with all other applicable city and other governmental requirements, including without limitation, the Americans With Disabilities Act, health and safety regulations, local zoning and building code requirements, and any other applicable regulations.
(16)
Insurance and Indemnification. As a condition of permit issuance, the permittee will be required to indemnify and save harmless the city from and against any and all loss, cost (including attorney fees), damages, expense and liability in connection with claims for damages as a result of injury or death of any person or property damages which arise from or in any manner grow out of the permittee's use of city-owned property and/or the public right-of-way that are not caused by the sole negligence of the city, its employees or agents. The permittee shall be required to obtain, and show proof of general liability insurance with a combined single limit of one million dollars insuring against any and all liability of the permittee and its agents, employees, students, guests and officers arising out of the permittee's use of city-owned property and/or the public right-of-way. This policy shall be subject to approval by the city's risk manager and shall name the city as an additional insured. A certificate of insurance naming the city, its employees and agents as additional insured shall be provided annually as a requirement for maintaining a valid permit.
(17)
Permit Duration, Updating Permits and Permit Renewal. Permits shall be valid for a maximum of three years and shall be renewable.
It is the responsibility of the permittee to notify the city if any aspects of the original permit application have changed. This would include: change in the responsible party, a change in the publication or material being distributed, request for relocation of a machine, a location change due to sidewalk or public right-of-way alteration, change in style or color of a machine, a change in the general liability insurance policy, etc. Requests for changing or updating permits may result in additional site inspection fees. Change in ownership of the vending machine or the publication or material being distributed will require a new permit application.
When renewing a permit, it is the responsibility of the applicant to notify the city if any aspects of the permit being renewed have changed.
(18)
Transferability. A permit is not transferable to any entity or person and is valid only as to the original applicant and specifically identified open-air vending machines at specific locations.
(19)
Rights Conferred. The approval of a location for use for an open-air vending machine shall not be construed as granting the permittee any right to, or interest in, the city-owned property and/or right-of-way. The rights granted by this article are merely a license to use the property for the permitted purpose, subject to the provisions of this article. The permit is considered temporary and non-permanent in nature, and is subject to suspension or revocation as provided below. The city is not liable for any business loss, property loss, or other damage that may result from any suspension or revocation of the permit and no permittee may or shall maintain any claim or action against the city, its officials, officers, employees, or agents on account of any suspension or revocation.
(20)
Suspension and Revocation.
(A)
Temporary. A permit issued pursuant to this section may be immediately and temporarily suspended without notice or hearing in the event an officer of the city determines that a violation of these regulations or any other terms of the permit has occurred, or the permitted activity interferes with a special event, public safety effort or program, construction activity, cleaning or maintenance activity, of similar activity which is pursued for the health, safety, and welfare, of the residents of, and visitors to, the city. If possible, advance notice of these activities and the temporary permit suspension shall be given to the permit holder in order to allow for the timely removal of the affected open-air vending machine(s). Information used for any notification will be based on distributor information displayed on the machine itself or information contained in the permit application. The permit shall be reinstated at the earliest possible time after the event or activity has taken place and the permit holder may reinstall the affected open-air vending machines without notice or hearing subject to the guidelines contained in this article including Section 40.26.440(g)(19).
(B)
Permanent. A permit may be permanently revoked by the director of public works upon ten days' written notice to the permittee. Any violation of these regulations or other terms of the permit is grounds for revocation. A permittee may appeal a permit revocation by letter of appeal to the city manager within ten days of the revocation. The city manager will review and act upon the appeal within fifteen business days. If the revocation is upheld by the city manager, a permittee may appeal to the city council by filing written notice of appeal with the city clerk within ten days. The council shall consider the appeal within forty-five days thereafter. However, the consideration by the council is for the convenience of the permittee only and shall be considered a due process hearing. The council may affirm, modify, or annul the action of the city manager.
(21)
Removal of Obstructions. If a permit is suspended or revoked by the city, or otherwise allowed to lapse by the permittee, the permittee shall immediately remove all open-air vending machines authorized under that permit, and restore the affected right-of-way to its original condition, to the satisfaction of the city. If the permittee fails to remove the machine(s) within ten working days, and/or restore the condition of the right-of-way, the city shall cause the machines to be removed and stored, and applicable improvements to be made, and the permittee shall reimburse the city for any costs incurred. The cost of removal and storage shall be charged the owner whether or not the owner chooses to retrieve the machines once impounded. Machines left unclaimed after thirty days shall be deemed unclaimed property and disposed of pursuant to law.
(h)
Violations and penalties. Any violation of the provisions of this article shall be subject to enforcement under applicable provisions of the Davis Municipal Code.
(i)
Appeals. Any person aggrieved by any decision rendered pursuant to this section of the Davis Municipal Code may appeal to the city manager and to the city council as provided for in Article 40.35 of this Code.
(Ord. 2050, 2001; Ord. 2390 § 1, 2012)
§ 40.26.450 Ministerial accessory dwelling units and junior accessory dwelling units.
(a)
Purpose. The purpose of this section is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow ministerial accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control. ADUs that do not meet the provisions of this Section 40.26.450, shall be considered as nonministerial ADUs subject to the provisions of Section 40.26.460.
(b) Manufactured home Primary dwelling Public transit
Definitions. For the purpose of this section, the following definitions apply. Otherwise, the words and phrases shall have the meanings respectively ascribed to them by Section 40.01.010.
has the meaning set forth in Section 18007 of the Health and Safety Code.
for purposes of this section, means the existing or proposed single-family or multifamily dwelling on the lot where an ADU would be located.
for purposes of this section, has the meaning set forth in Government Code Section 65852.2(j).
(c)
Permitting procedures.
(1)
Before constructing an ADU or converting an existing structure or portion of an existing structure or residence to an ADU or JADU, the applicant shall obtain permits in accordance with the requirements of this section.
(2)
All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city, and any other applicable laws.
(3)
Building Permit Approval Only. An applicant shall not be required to submit an application for an ADU permit under subsection (d) of this section, and may instead seek building permit only approval for an ADU or JADU, or both, where the proposal satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, the California Building Standards Code, as amended by the city, and any other applicable laws. An ADU or JADU approved pursuant to this subsection shall be rented only for terms of thirty days or longer. The following are the categories of ADUs and JADUs that shall be approved under this subsection (c)(3), unless Government Code Section 65852.2(e)(1) is amended to state otherwise:
(A)
A JADU within the primary dwelling, and an ADU within the primary dwelling or an ADU within an existing accessory structure. One ADU and one JADU per lot with a proposed or existing single-family dwelling is allowed if all of the following apply:
(i)
The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling and the ADU is within either the existing or proposed space of a single-family dwelling or an existing accessory structure. An ADU built in an existing accessory structure may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. Such an expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B)
Detached New Construction ADU for Primary Dwelling. This ADU may be combined with a JADU described in subparagraph (a) above. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply:
(i)
The ADU shall be no more than eight hundred square feet in size.
(ii)
The ADU shall not exceed a height limit of sixteen feet.
(iii)
The ADU shall be set back a minimum of four feet from side and rear lot lines.
(iv)
The ADU shall comply with the front yard setback as required by the zone in which it is located.
(C)
ADU Within Non-Livable Space in Existing Multifamily Structure. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, more than one ADU shall be allowed, up to the number of ADUs that equals twenty-five percent of the existing multifamily dwelling units in the structure.
(D)
Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of sixteen feet and minimum four-foot rear and side setbacks.
(4)
Projects Subject to ADU Permit Review and Timelines.
(A)
The director or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this section and any other applicable law.
(B)
ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.
(C)
Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this Code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
(D)
In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction or related permits prior to the construction of the ADU.
(d)
ADU permit application submittal requirements.
(1)
An ADU application is required to be filed with the department of community development and sustainability for an ADU that does not satisfy the requirements of subsection (c)(3) of this section (Building permit approval only). An ADU application shall be accompanied by the filing fee as established by resolution of the city council, and shall include, but not be limited to, the following documents and information:
(A)
Name and address of the applicant.
(B)
Owner-builder acknowledgment and information verification form.
(C)
Assessor's parcel number(s) of the property.
(D)
Plot plan (drawn to scale). In sufficient detail to clearly describe:
(i)
Physical dimensions of the property.
(ii)
Location and dimensions of all existing and proposed structures, walls, and fences.
(iii)
Location and dimensions of all existing and proposed easements, septic tanks, leach lines, seepage pits, drainage structures, and utilities.
(iv)
Location, dimensions, and names of all adjacent roads, whether public or private.
(v)
Setbacks.
(vi)
Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.
(vii)
Panoramic color photographs showing the property from all sides and showing adjacent properties.
(viii)
A description of architectural treatments proposed for the ADU.
(ix)
Written confirmation from any water district or sewer district providing service of the availability of service.
(E)
Floor Plans. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted. For an attached ADU, the plans must include the primary dwelling as well.
(F)
Elevations. North, south, east, and west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the primary residence and the proposed accessory dwelling unit. For an attached ADU, the plans must include the primary dwelling as well.
(G)
Additional Information. Such additional information as shall be required by the community development department director.
(2)
All ADUs shall satisfy the requirements of Chapter 8, Buildings, of this Code and require a building permit from the city building official.
(3)
In accordance with state law, ADUs are an accessory use to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
(e)
Development Standards for ADUs. Except those ADUs approved pursuant to subsection (c)(3) of this section (Building permit approval only), ADUs shall comply with the following development standards:
(1)
Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned to allow single-family or multifamily residential use.
(2)
Development Standards.
(A)
Size Restrictions. If there is an existing primary dwelling, an Attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. A detached ADU shall not exceed eight hundred fifty square feet in gross floor area, or one thousand square feet in gross floor area if the ADU provides more than one bedroom. In no case shall an ADU be less than two hundred twenty square feet, or the minimum square footage to allow an "efficiency unit" as defined in Health and Safety Code Section 17958.1, as that law may be amended.
(B)
Height Restrictions.
(i)
An attached or detached ADU shall not exceed sixteen feet in height, except as permitted in subsection (e)(B)(ii) below.
(ii)
An attached ADU may be constructed on or as the second story of an existing primary single-family residence (including the garage area) provided it complies with the height and setbacks as required by the zone in which the property is located.
(C)
Setbacks. No new setback shall be required for an ADU that is constructed within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard and street side yard setbacks otherwise required by this Code.
(D)
Lot Coverage, Floor Area Ratio, and Open Space. An ADU shall conform to all lot coverage, floor area ratio, and open space requirements applicable to the zoning district in which the property is located, except that an ADU that is eight hundred square feet or less, not more than sixteen feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.
(E)
Design. All accessory dwelling units that are approved subject to the provisions of subdivision (d) shall comply with the following design standards:
(i)
The accessory dwelling unit shall have the same roof pitch as the primary dwelling with matching eave details, but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling unit. If the unit is located in a historic conservation zone, it must follow the roof pitch requirements for the design style allowed in that zone or subarea.
(ii)
A garage converted to an ADU that does not proceed under the building permit only approval process shall include removal of the garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details to match the primary structure.
(iii)
An ADU shall not require exterior alterations to the street-facing façade of a property that is historically designated or in a conservation overlay district.
(iv)
The architecture of the ADU shall use the same architectural features, including walls, doors, windows, trim and accent details to match the primary structure.
(F)
Exterior Access. An ADU shall have a separate exterior access. Access stairs, entry doors and decks must face the primary residence or the alley, if applicable.
(G)
Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling.
(H)
Separation. An ADU shall be located at least five feet from the primary dwelling.
(I)
Properties Listed on the California Register of Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as the same may be amended from time to time.
(3)
Parking.
(A)
No additional vehicle parking space is required for a ministerial ADU.
(B)
When an ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
(f)
Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern.
(1)
A JADU shall be a minimum of two hundred twenty square feet and a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.
(2)
A JADU must be contained entirely within the walls of the habitable portion of the existing or proposed single-family dwelling. The habitable portion of the single-family dwelling does not include the garage or carport.
(3)
A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
(4)
A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling.
(6)
No additional parking is required for a JADU.
(g)
Covenant required. Prior to the issuance of a certificate of occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
(1)
The ADU or JADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented.
(2)
The ADU or JADU shall not be used for short term rentals for less than thirty consecutive days.
(3)
If there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record.
(4)
The property owner and all successors in interest shall maintain the ADU and/or JADU and the property in accordance with all applicable ADU and/or JADU requirements and standards
(h)
Services, impact fees, and utility connections.
(1)
ADUs shall not be allowed where roadways, public utilities or services are inadequate in accordance with the general plan and zoning designation for the lot.
(2)
ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.
(3)
The owner of an ADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
(4)
The City shall not issue a building permit for an ADU or JADU until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the building official in lieu of the will serve letter by the local sewer provider.
(i)
Fire safety requirements. The construction of all new ADUs and JADUs shall meet minimum standards for fire safety as defined in the Building Code of the City of Davis and the Fire Code of the City of Davis, as the same may be amended by the city from time to time.
(j)
Ownership. No ADU or JADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map.
(k)
Occupancy. Except as provided elsewhere in this section, ministerial ADUs may be rented or owner occupied.
(l)
Planned development districts. In the event that a residential planned development district includes standards that would preclude the construction of a ministerial ADU that would otherwise be permitted under this Section 40.26.450, the requirements of this section shall apply, and shall supersede the planned development standards as applied to ministerial ADUs within the applicable planned development district.
(Ord. 2126 § 6, 2003; Ord. 2445 § 4, 2015; Ord. 2553 § 6, 2019; Ord. 2572 § 20, 2020; Ord. 2602 § 19, 2021)
§ 40.26.460 Non-ministerial accessory dwelling units.
(a)
Purpose. The purpose of this section is to allow accessory dwelling units (ADUs) that do not meet the provisions of Section 40.26.450. Non-ministerial ADUs are subject to the regulations of this section and the approval of an administrative use permit.
(b)
The following standards shall apply to non-ministerial accessory dwelling units:
(1)
The maximum size of a non-ministerial accessory dwelling unit shall be one thousand two hundred square feet.
(2)
The minimum setbacks shall be:
(A)
Front yard, the same as is required by the zone where the ADU is located.
(B)
Street side yard, fifteen feet.
(C)
Interior side yard, five feet.
(D)
Rear yard, ten feet.
(E)
The minimum interior side yard and rear yard shall be three feet if said yards adjoin: an alley, park or greenbelt, or a zoning district that does not principally permit single-family dwellings or two-family dwellings (e.g., districts that permit multiple-family dwellings, nonresidential uses, agriculture, public and semipublic facilities, or similar principal permitted uses). The interior side yard and rear yard for a yard adjoining a zoning district that principally permits single-family or two-family dwellings shall comply with the general requirements in subparagraphs (C) and (D) above.
(3)
The minimum required distance between the non-ministerial accessory dwelling unit and the primary dwelling unit, and all other structures on the property, shall be in conformance with the California Building Code.
(4)
The maximum height shall be thirty feet.
(5)
The maximum lot coverage shall be fifty percent for the primary dwelling and accessory dwelling units and all accessory structures combined.
(6)
The minimum useable open space is twenty percent.
(7)
No additional vehicle parking space is required for a non-ministerial ADU.
(8)
The accessory dwelling unit shall have the same roof pitch as the primary dwelling with matching eave details, but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling unit. If the unit is located in a historic conservation zone, it must follow the roof pitch requirements for the design style allowed in that zone or subarea.
(9)
A garage converted to an ADU that does not proceed under the building permit only approval process shall include removal of the garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details to match the primary structure.
(10)
The architecture of the ADU shall use the same architectural features, including walls, doors, windows, trim and accent details to match the primary structure.
(11)
Fencing or landscaping shall be installed and maintained between the unit and the neighboring property.
(12)
For an accessory dwelling unit that is constructed as a second story or above a garage, all windows facing the side or rear lot lines shall be made of frosted or etched glass, or otherwise include a privacy film or treatment to ensure privacy for neighboring properties if the lot line abuts another residential property.
(13)
Adequate open space and landscaping shall be provided for both the primary dwelling unit and the non-ministerial accessory dwelling unit.
(c)
An application for a non-ministerial accessory dwelling unit may be approved only if the director makes the findings required by Section 40.30A.070.
(Ord. 2602 § 20, 2021)
§ 40.26.470 Guest Houses.
(a)
Purpose. The purpose of this section is to further define and ensure compatibility of small accessory buildings otherwise called guest houses.
(b)
Definitions. For the purposes of this section, the words and phrases shall have the meanings respectively ascribed to them by Section 40.01.010.
(c)
The following standards shall apply to guest houses:
(1)
The maximum lot coverage shall be fifty percent for the total of the primary structure, any accessory dwelling unit, any other accessory structure and the proposed guest house.
(2)
The maximum total square footage for a guest house is one thousand two hundred square feet or fifty percent of the primary structure, whichever is less.
(3)
A guest house shall have the same setbacks as an accessory building, pursuant to Section 40.26.010.
(5)
No parking shall be required for guest houses.
(6)
Guest houses may have restroom facilities (toilet, sink, bathtub and/or shower) but are prohibited from having a kitchen or cooking facilities.
(7)
Only one guest house is permitted per lot.
(8)
A guest house shall not be rented or leased separate from the principal dwelling unit or otherwise used as a separate dwelling unit.
(9)
A guest house may be rented to a business authorized as a home occupation at the same address.
(d)
An application for a guest house may be approved only if the director makes the findings required by Section 40.30A.070.
(Ord. 2602 § 21, 2021)