Elk Grove City Zoning Code
Division V
SPECIAL USE REGULATIONS
23.88.040 Development standards for care facilities.
§ 23.70.010 Purpose and intent.
It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the residents of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. In addition, it is not the intent or effect of this chapter to condone or legitimize the distribution of obscene material.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.70.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 8-2011 § 32(A), eff. 6-24-2011)
§ 23.70.030 Classification.
Adult-oriented businesses are classified as follows:
A.
Adult arcades;
B.
Adult bookstores (including adult novelty stores or adult video stores);
C.
Adult cabarets;
D.
Adult motels (including adult hotels);
E.
Adult motion picture theaters;
F.
Adult theaters;
G.
Nude model studios; and
H.
Sexual encounter centers.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.70.040 Distance requirements.
Adult-oriented businesses are permitted subject to compliance with all of the following conditions:
A.
Such use is situated more than one thousand (1,000' 0") feet from any other adult-oriented business, whether in the City, in an adjoining city, or within an unincorporated area.
B.
Such use is located more than one thousand (1,000' 0") feet from any of the following uses, whether in the City, in an adjoining city, or within an unincorporated area:
1.
Land zoned or used for single-family, duplex, or multifamily residences;
2.
Any public or private educational facility including but not limited to child day care facility, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;
3.
Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, or other similar public land within the City which is under the control, operation, or management of the City, a community services district, or other park and recreation authority; or
4.
A church, synagogue, mosque, temple or building or portion of a building or structure which is regularly used for religious worship or related religious activities.
C.
Such use is situated in either an LI or HI land use zone.
D.
The distance between the adult-oriented business and the zone described in subsection (A) or (B) of this section shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the building or structure in which the adult-oriented business is located to the boundary of the property on which the building, structure, or use or portion of the building structure, or use described in subsection (A) or (B) of this section is located.
E.
No more than one classification of adult-oriented business shall be permitted within a single structure unless such structure is divided so that the perimeters of the individual adult-oriented businesses are separated by more than one thousand (1,000' 0") feet at their closest point.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 1-2008 § 3, 2-22-2008; Ord. 27-2013 § 13, eff. 2-7-2014)
§ 23.70.050 Nonconforming use based upon distance requirements.
A.
Notwithstanding the provisions of EGMC Section 23.70.040, the use of land for an adult-oriented business which is subject to a distance separation requirement from other specified uses that was legally established, but has been rendered nonconforming as a result of an incompatible use being established within the prescribed distance separation requirement, may continue subject to all of the following restrictions:
1.
Such use shall not be expanded or extended in any way either on the same or adjoining land;
2.
The use, including the classification of adult-oriented business, shall not be changed except to a use which conforms to the regulations and zoning applicable to such land;
3.
If such use is discontinued for a period of more than ninety (90) days, it shall not thereafter be reestablished;
4.
If the adult-oriented business license required by EGMC Section 4.31.005 for such use is revoked, such use shall not thereafter be reestablished.
B.
The initial conformity of a use shall be determined as of the date a completed application for an adult-oriented business license is received by the City for the specified use on the subject property.
C.
The foregoing provisions shall supersede the nonconforming use provisions of EGMC Chapter 23.84 and shall apply to adult-oriented businesses.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.70.060 Other nonconforming use.
A.
Any adult-oriented business that was lawfully operating on October 16, 2002, or that is lawfully operating on land annexed into the City after October 16, 2002, that is in violation of this chapter shall be deemed a nonconforming use.
B.
The nonconforming use shall be permitted to continue for a period not exceeding:
1.
One (1) year from October 16, 2002; or
2.
One (1) year from the date the land is annexed into the City, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
C.
The owner or operator of a nonconforming adult-oriented business use may apply under the provisions of this section to the Community Development Director for an extension of time within which to terminate the nonconforming use.
1.
An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such nonconforming adult-oriented business use is operated, or by the operator of the use. The application must be filed with the Community Development Director at least ninety (90) days, but no more than one hundred eighty (180) days, prior to the time established in this section for termination of such nonconforming adult-oriented business use.
2.
The written application for extension shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.
3.
Either the Planning Commission or a Hearing Officer appointed by the City Manager shall hear the application. The matter shall be set for hearing within 30 business days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. Unless all parties stipulate, the decision of the Planning Commission or Hearing Officer shall be rendered prior to the termination date of the nonconforming use. The decision shall be final and subject to judicial review pursuant to Section 1094.8 of the Code of Civil Procedure.
4.
An extension under this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Planning Commission or a Hearing Officer makes all of the following findings or such other findings as are required by law:
a.
The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming adult-oriented Business use is conducted, such property or structure cannot be readily converted to another use, and such investment was made prior to the (i) effective date of this chapter or (ii) the date the land was annexed into the City.
b.
The applicant will be unable to recoup said investment as of the date established for the termination of the use.
c.
The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter.
D.
The Community Development Director or his or her designee may require an applicant to provide additional written documentation from specified licensed professionals as necessary. Such information may include, but not be limited to, the following:
1.
A statement showing that the original value of the building or structure within which the adult-oriented business is operated;
2.
A statement showing that repair and maintenance costs on the building for a period of 24 consecutive months prior to the termination date does not exceed 25 percent of the current replacement cost of the nonconforming use; or
3.
A statement showing the percentage of value of the building or structure attributable to the adult-oriented business use occurring therein.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.72.010 Purpose.
The purpose of this chapter is to regulate fueling station development to ensure that the design and operation of such uses effectively mitigate associated problems with traffic, congestion, excessive pavement and lighting, litter, hazardous materials, and noise.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.72.020 Permit requirements and exemptions.
Fueling stations are permitted or conditionally permitted in designated zoning districts as described in Division III, Zoning Districts, Allowable Uses, and Development Standards, of this title.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.72.030 Location and separation requirements.
In the City, fueling stations shall be separated by a minimum of five hundred (500' 0") feet, except that a maximum of two (2) fueling stations are permitted at any single intersection. Separation distance shall be measured in a straight line from the property line of said fueling stations. Where two (2) fueling stations are located at a single intersection, the City encourages fueling stations to be sited in such a manner as to serve different flows of traffic. The City may waive the spacing requirements for infill sites or locations affected by roadway widening or other infrastructure improvements.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.72.040 Development and operational standards.
The development standards in this section are intended to supplement the standards in the underlying zoning district for fueling station uses. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply. Fueling station uses shall also comply with all applicable State and Federal regulations regarding site design, pricing signs, containment, maintenance, and operations.
A.
Minimum Lot Size. The minimum lot size to accommodate a service station in the City is fifteen thousand (15,000 ft2) square feet.
B.
Lot Coverage. Maximum lot coverage for a service station (including canopy) is forty (40%) percent of the total lot size. No more than twenty (20%) percent of the total lot area shall be covered by a canopy.
C.
Setbacks. Generally, no building shall be located within twenty (20' 0") feet of any public right-of-way or within fifteen (15' 0") feet of any interior parcel line. However, to encourage a more pedestrian streetscape, a primary building with direct access from the street may be located a minimum of fifteen (15' 0") feet from the right-of-way (and outside of required landscape corridors). The City may consider deviations from this requirement through the design review process.
D.
Landscaping. In order to provide adequate screening for the large expanses of pavement associated with fueling station use, a minimum of fifteen (15%) percent of the site shall be landscaped, concentrated at the perimeter of the site. Street frontage landscaping shall be a minimum of fifteen (15' 0") feet in width and bermed to no less than two (2' 0") feet in height. Minimum five (5' 0") foot-wide landscape planter areas shall be provided adjacent to all other exterior property lines. Planter areas shall be landscaped with trees, shrubs, and ground cover, including the following specific standards:
1.
Trees along all street frontages shall be fast-growing evergreen species, a minimum of twenty-four (24") inch box in size, planted no farther apart on center than the mature diameter of the proposed species.
2.
Shrubs planted along all street frontages shall be a minimum five (5) gallon size and shall be designed and maintained to screen vehicles from view from adjacent roadways to a minimum continuous overall height of thirty (30") inches, measured from the finished grade of on-site pavement abutting the planter.
E.
Access/Circulation. The intent of the specific access and circulation standards below is to ensure safe and convenient internal circulation and access to and from the site, while minimizing the negative visual impact of multiple curb cuts, discontinuous landscape, and excessive pavement.
1.
No more than two (2) exterior points of access (driveways along abutting streets) shall be provided for each fueling station, regardless of the length or number of street frontages. No more than thirty-five (35%) percent of the street frontage shall be devoted to curb cuts. Within integrated developments, shared access driveways are preferred.
2.
The internal circulation system shall allow for vehicle stacking without blocking ingress and egress on and off the site. The pump island shall be situated to provide stacking space for a minimum of two (2) vehicles behind the vehicle parked at the pump closest to the entrance and/or exit driveway. The City may consider deviations from this requirement through the design review process.
F.
Pedestrian Access to Convenience Market. A minimum of one (1) continuous four (4' 0") foot-wide internal pedestrian walkway shall be provided from the perimeter public sidewalk of each abutting street to the nearest entrance to the convenience market. Internal pedestrian walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped concrete.
G.
Building Placement and Orientation. Buildings shall be placed close to the street and oriented to the public view.
H.
Building and Canopy Design. The service station building and/or canopy shall be designed for architectural compatibility with the surrounding area. The maximum height for all fueling station buildings shall be twenty-five (25' 0") feet. In order to reduce the visual impact of the canopy structure and corresponding lighting, the maximum height of the canopy clearance shall be sixteen (16' 0") feet and the maximum width of the canopy fascia shall be thirty (30") inches. Canopy fascia shall match the color and texture of the primary building. See Figure 23.72-1.
Figure 23.72-1 Service Station Building and Canopy Design  |
I.
Signs. All signs, except window signs, shall be constructed and maintained within a permanent sign structure. Except as provided below, fueling station signs are subject to compliance with the provisions of EGMC Chapter 23.62, Signs on Private Property:
1.
Building Signs. Allowable sign area for building signs is one (1 ft2) square foot of sign area for each linear foot of primary building frontage, up to a maximum sign area of fifty (50 ft2) square feet.
2.
Freestanding Signs. One (1) freestanding monument sign is permitted for corporate identification with a maximum sign area of twenty-four (24 ft2) square feet and a six (6' 0") foot height limit. Pricing signs shall be incorporated into such monument sign, the area of which shall not count against the maximum allowable freestanding sign area. Service stations located on a corner parcel shall locate the monument sign at the intersection for visibility from both abutting street rights-of-way. Said sign shall be located outside of the visibility requirement.
J.
Parking. In addition to the off-street vehicle parking provisions in EGMC Chapter 23.58, Parking, the following standards apply to fueling station uses:
1.
Customer and employee parking shall not be utilized for vehicle repair, finishing work or storage of vehicles. No vehicle which is waiting for service, or which has been serviced, shall be parked on site for a period of longer than seventy-two (72) hours.
2.
No vehicle shall be parked on the premises for the purpose of offering it for sale.
3.
Outdoor Display of Materials. Temporary and permanent outdoor display and sale of products shall be limited to one (1) display rack near the entrance to the corresponding pay booth or convenience/service building and one (1) display rack on each pump island. Display racks shall have a maximum area of ten (10 ft2) square feet at the base with a maximum height of six (6' 0") feet. Display racks shall not obstruct required vehicle or pedestrian access.
K.
Lighting. In addition to the lighting provisions of EGMC Chapter 23.56, Lighting, canopy lighting shall be recessed so that the luminaire does not extend below the surface of the underside of the canopy.
L.
Noise. All outdoor noise generators associated with the business shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources. All outdoor speakers and video/audio pump stations and sound signals associated with the service stations shall be turned off daily between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 12-2012 § 12, eff. 7-27-2012; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.74.010 Purpose.
The following design standards are intended to ensure that large retail development is compatible with its surrounding area, integrates into the natural and built environment, efficiently connects to a multimodal transportation system, and contributes to the unique character of Elk Grove.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2007 § 1, eff. 9-21-2007)
§ 23.74.020 Applicability.
The development and design standards contained within this chapter apply to all new retail establishments with single tenant space of 50,000 gross square feet or greater. Existing large retail establishments of said square footage or larger will comply with these standards if the proposed renovations or improvements exceed 50 percent of the market value. Allowed retail uses shall be consistent with the allowed use provisions for commercial districts in Division III of this title and corresponding definitions in Division VI of this title. These design standards supplement the applicable standards in Divisions III and IV of this title.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2007 § 1, eff. 9-21-2007)
§ 23.74.030 Land use.
All large retail establishments shall be located in a group of more than four retail establishments located in a complex which is planned, developed, owned or managed as a single unit with off-street parking provided on the property. Indoor recreation facilities are exempt from this requirement.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.74.040 Design standards.
A.
Aesthetic Character.
1.
Facades and Exterior Walls.
a.
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
b.
Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length.
2.
Small Retail Stores. Where large retail establishments contain additional separately owned stores that occupy less than 30,000 square feet of gross floor area, with separate, exterior customer entrances, the street level facade of such stores shall be transparent above the walkway grade for no less than 50 percent of the horizontal length of the building facade of such additional stores.
3.
Detail Features. Building facades must include:
a.
A repeating pattern that includes no less than three of the following typical elements:
i.
Color change;
ii.
Texture change;
iii.
Material module change;
iv.
An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib;
v.
A specific architectural element proposed by the applicant’s architect that is acceptable to the designated approving authority.
Note: At least one of the elements listed in subsection (A)(3)(a)(i), (ii) or (iii) of this section shall be repeated horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
4.
Roofs. Roofs shall have no less than two (2) of the following features:
a.
Parapets concealing flat roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed fifteen (15%) percent of the height of the supporting wall and such parapets shall not at any point exceed one-third (1/3) of the height of the supporting wall. Such parapets shall feature three (3) dimensional cornice treatment;
b.
Overhanging eaves, extending no less than three (3' 0") feet past the supporting walls;
c.
Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (1' 0") foot of vertical rise for every three (3' 0") feet of horizontal run and less than or equal to one (1' 0") foot of vertical rise for every one (1' 0") foot of horizontal run;
d.
Three (3) or more roof slope planes;
e.
A specific architectural element proposed by the applicant’s architect that is acceptable to the Community Development Director and the Planning Commission.
5.
Materials and Colors.
a.
Predominant exterior building materials shall be of high-quality material, including, but not limited to, brick, sandstone, other native stone, and tinted/textured concrete masonry units.
b.
Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
c.
Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
d.
Exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels.
B.
Entryways. Each large retail establishment on a site shall have clearly defined, highly visible customer entrances featuring no less than five of the following:
1.
Canopies or porticos;
2.
Overhangs;
3.
Recesses/projections;
4.
Arcades;
5.
Raised corniced parapets over the door;
6.
Peaked roof forms;
7.
Arches;
8.
Outdoor patios;
9.
Display windows;
10.
Architectural details such as tile work and moldings which are integrated into the building structure and design;
11.
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting;
12.
A specific architectural element proposed by the applicant’s architect that is acceptable to the City Planner and Planning Commission;
13.
Where additional stores will be located in the large retail establishment, each such store may have at least one exterior customer entrance, which shall conform to the above requirements.
C.
Site Design and Relationship to Surrounding Community.
1.
Entrances. All sides of a large retail establishment that directly face an abutting public street shall feature at least one customer entrance. Where a large retail establishment directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. Movie theaters are exempt from this requirement.
2.
Parking. See Chapter 23.58 EGMC, Parking, for relevant parking provisions.
3.
Back Sides. The minimum rear setback for any building facade shall be 35 feet from the nearest property line. Where the facade faces adjacent residential uses, an earthen berm, no less than six feet in height, containing at a minimum native trees planted at intervals of 20 feet on center, or in clusters or clumps, shall be provided. The landscaping standards of Chapter 23.54 EGMC, Landscaping, shall also apply to properly buffer the proposed use from existing residential uses.
4.
Vehicular, Pedestrian, and Bicycle Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses and existing and proposed public transportation facilities and bikeways.
5.
Central Features and Community Space. Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, window shopping walkway, outdoor playground area, kiosk area, water feature, self-supporting street clock, or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the designated approving authority, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
6.
Delivery/Loading Operations. No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that noise abatement strategies between all areas for such operations effectively reduce noise emissions to a level of 45 dB, as measured at the lot line of any adjoining property (also see Chapter 23.58 EGMC, Parking).
7.
Lighting. See Chapter 23.56 EGMC, Lighting, for applicable lighting provisions.
8.
Signage. See Chapter 23.62 EGMC, Signs on Private Property, for applicable sign provisions.
9.
Landscaping. See Chapter 23.54 EGMC, Landscaping, for applicable landscaping provisions.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.76.010 Application and intent.
The provisions of this chapter shall apply to the development of all residential condominiums and stock cooperatives including the conversion of existing dwelling units to condominiums, row houses, townhouses, and stock cooperatives.
The existing stock of rental housing provides the majority of housing opportunities for low and moderate income households. A limited number of such units exists, and any reduction in the stock of such units would further reduce the number of rental units available. Conversion of such units into condominiums often results in displacement of low and moderate income households. It is the intention of this section to regulate such conversion and to mitigate displacement where conversion occurs.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.020 Application content.
No application for a condominium conversion shall be accepted for review or approved when the Citywide vacancy rate for multiple unit housing, as determined by the Director, is equal to or less than five (5%) percent averaged over the previous four (4) quarters prior to application submittal or when the current percentage of multifamily rental units (within complexes of three (3) or more units) is at or below ten (10%) percent of the total number of housing units within the City. This prerequisite is in addition to other restrictions in this division.
Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a use permit for a condominium conversion project shall include the following information (see EGMC Chapter 23.14, General Application Processing Procedures):
A.
The proposed organizational documents, including the covenants, conditions and restrictions to be recorded pursuant to Section 1350 et seq. of the Civil Code. The organizational documents shall provide for the following:
1.
Transfer of title to each unit;
2.
Assignment of parking for each owner;
3.
The management of common areas within the project, and the complex generally;
4.
The antidiscrimination provisions set forth in EGMC § 23.76.100, Antidiscrimination;
5.
Maintenance program and proposed budget.
B.
A property report. A property report shall be prepared by the applicant and shall describe the condition and structural integrity of the buildings and estimate the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, structural elements, and drainage systems.
The property report shall list each fixed appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance.
Each portion of the property report shall be prepared by an appropriately licensed engineer.
C.
A structural pest control report.
D.
A building history report identifying the date of construction of all elements of the project.
E.
A report identifying all characteristics of the building not in compliance with this title or with applicable building or housing codes.
F.
A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; the monthly rental rate for the preceding four quarters for each unit; the average monthly vacancy over the preceding four quarters; the number of evictions over the preceding four quarters. In addition, evidence shall be submitted that tenants have been notified and have acknowledged the applicant’s intent to file a request for conversion for a period of at least 60 days prior to the initial filing of an application for a conversion use permit or tentative subdivision map.
Failure to provide any information required above shall be accompanied by an affidavit or declaration given under penalty of perjury, setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained.
G.
A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of long-term or life-term leases and provisions to allow such tenants to continue renting after conversion until comparable housing, as defined by subsection (D) of EGMC § 23.76.050, Findings required for approval, is located and the move can be completed. (See EGMC § 23.76.090, Relocation assistance.)
H.
A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which community area would each tenant choose to relocate if the conversion took place and the tenant did not purchase a unit, and the number of tenants who do not oppose the idea of conversion. Before distributing the survey to the tenants, the Community Development Director, or his or her designee, shall review and approve it only to assure the elements required in this section are addressed.
To comply with this provision, the applicant shall provide a tenant rights handout and a survey (as described in the previous paragraph), in a form approved by the City, to each tenant with an envelope addressed to the City of Elk Grove Community Development Department with postage prepaid. The survey shall direct the tenant to return the completed survey in the envelope provided.
I.
The Community Development Director or his or her designee may require additional information that may be necessary to conduct a proper evaluation and enter findings that comply with the said purposes and objectives set forth in the adopted City General Plan, or any specific plan or element thereof in effect at the time of such application. Comparable data as listed below shall include projects with three (3) or more units. Such information may include, but shall not be limited to:
1.
A report comparing the units in the conversion project, as both rentals and ownership units, with housing available within the City;
2.
A report on availability of comparable rental units at similar rental rates remaining within the City, including vacancy rate information;
3.
A report outlining the available low and moderate income housing units (rental and sales housing) within the City;
4.
A report showing what percentage of the City’s total available rental units are proposed to be converted, and the resulting change in ratio of rental units within the City.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.76.030 Ownership association.
The developer shall submit to the Planning Commission a copy of the maintenance program and proposed budget by a homeowner’s association or other enforceable means to ensure maintenance of common areas, landscaping, private streets, parking areas, and recreational facilities.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.040 Building code requirements.
All converted units shall be retrofitted to the standards required of new residential condominiums as required by the Chief of the Building Inspections Division, including energy conservation.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.050 Building inspection.
After reviewing the property report required pursuant to EGMC § 23.76.020, Application content, and after inspecting the structures within the project when deemed necessary, the Chief of the Building Inspections Division shall identify and make available to the Planning Commission and City Council all items evidenced by such reports or inspection to be in noncompliance with applicable building and housing codes or to be hazardous to the life, health or safety of any occupant of the units within the project or the general public. All such items shall be corrected to the satisfaction of the Chief of the Building Inspections Division. An appropriate fee to cover the cost of the Building Inspection Division’s review and inspection may be collected.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.060 Performance bond.
If the proposed project does not comply with the provisions relating to utilities, personal safety and building code compliance, or if the Chief of the Building Inspections Division identifies items to be corrected as provided in EGMC § 23.76.050, Building inspection, any use permit issued pursuant to this chapter shall require the developer to furnish a performance bond or other means of security approved by the City Attorney in an amount to be determined by the Chief of Building Inspections to be the reasonable estimated cost to bring the project into compliance with said codes and to make all necessary repairs. The bond shall run in favor of individual purchasers and the association, and the bond shall provide for reasonable attorneys’ fees in the event of default by the principal.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.070 Consumer protection provisions.
In addition to the tenant protection provisions set out in the Subdivision Map Act, the applicant shall comply with the provisions in EGMC § 23.76.090, Relocation assistance, through EGMC § 23.76.120, Appliance warranties, as conditions of any use permit for a condominium conversion project approved pursuant to this chapter.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.080 Sales and lease termination.
The tenants of the project on the date of application shall be offered the first right of refusal to purchase units. The offer shall run for 90 days from the date of issuance of a subdivision public report by the State Department of Real Estate unless the tenant gives prior written notice of intention not to exercise the right. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days’ notice. The required relocation assistance shall be applicable to all units from the date of final approval of the use permit to the closing of escrow for the final unit in the project.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.090 Relocation assistance.
The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the City Council. The relocation assistance outlined below shall be paid to each eligible tenant who is forced to relocate between the date of approval of the conditional use permit by the City to the closing date of escrow for the final unit in the project. Violators will be cited by the Community Development Department for failure to comply with this requirement.
The relocation plan shall provide, at a minimum, for the following:
A.
Assistance to each eligible tenant in locating comparable housing, including but not limited to providing availability reports and transportation, where necessary.
B.
Payment of a relocation fee to each tenant who does not choose to stay. At a minimum, such payment shall be equal in amount to two months’ rent and the security deposit amount paid by the tenant for the existing apartment unit. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause.
C.
In the case of eligible tenants who are elderly, handicapped, low income, or single heads of households living with one or more minor children, the following additional provisions must be made:
1.
Payment of the first month’s rent in the new complex; and refund of all key, utility, and pet deposits to which the tenant is entitled upon vacating the unit. Cleaning and security deposits, minus damages, shall be refunded to the tenant upon vacating the unit.
2.
If the amount of deposits and other fees required upon moving into the new complex exceed the amounts refunded to the tenant, plus damages, the applicant shall pay the difference.
3.
If amount of damage to any unit exceeds the deposit, the excess may be subtracted from the relocation assistance payment.
D.
In the case of eligible special category tenants, the following additional provisions must be made:
1.
Subsidy. Where the rent for the comparable unit is higher than the rent for the current unit, the applicant shall pay the difference for a period of one year from the date of relocation.
2.
Evictions. Until each tenant is successfully relocated, the tenant shall not be unjustly evicted.
3.
Life-Term and Long-Term Leases. The applicant shall offer eligible special category tenants leases for a term of:
a.
Fifty-nine years when the tenant is elderly or handicapped and who also qualifies as low income. Such leases shall provide that annual rent increase shall not exceed the percent of change in HUD’s defined fair market rent.
b.
Fifty-nine years when the tenant is elderly or handicapped with a moderate income or greater. Rents may be increased at the prevailing market rate.
c.
An annually renewable lease for a term not to exceed five years for low income households when the appropriate authority finds that comparable units are not available for the relocation of low income persons (EGMC § 23.76.150, Findings required for approval). Such agreements shall be certified for tenant eligibility each calendar year. Qualification for the Federal Section 8 program or its successor shall constitute certification.
E.
The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, or prior to, a timetable or schedule for relocation as approved in its application for approval of conversion.
F.
To comply with the City’s affordable housing program, the applicant shall do one (1) of the following:
1.
An affordable housing plan subjecting ten (10%) percent of the total units within the project to affordable purchase obligations, without City subsidy, as part of a conversion. The affordable units shall provide a minimum of four (4%) percent of the total units within the project affordable to very low income households, four (4%) percent affordable to low income households, and two (2%) percent affordable to moderate income households, unless an alternate affordability breakdown is approved by the Community Development Director; or
2.
In lieu of fee payment into the affordable housing trust fund for each unit converted, an amount equal to that required by the current resolution. Fees shall be paid prior to recordation of the final map.
G.
Parcels that have an existing affordable rent component shall only be converted if allowed by existing regulatory agreements and other controlling agreements. All of the affordable units shall be maintained as affordable units after the conversion.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.76.100 Antidiscrimination.
The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium. In a like manner, the applicant or owner shall not discriminate in the sale, or in the terms and conditions of sale of any dwelling unit against any person or household based upon age or household size, when household size does not exceed the Uniform Housing Code standard which states, “Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two (Section 503(b) of the Uniform Housing Code). This antidiscrimination section shall be included in the conditions, covenants, and restrictions for the project.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.110 Preconversion protection.
From the date of application for a permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant’s rent shall be increased (A) more frequently than once every six months nor (B) in an amount greater than the annual increase in utility costs and insurance costs, plus increased operating costs not to exceed two percent per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the use permit.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.120 Appliance warranties.
The applicant shall provide free of charge to the first individual purchaser of each unit a one-year warranty on each fixed appliance contained in the unit, whether new or used.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.130 Development standards.
The following development standards (EGMC § 23.76.140) shall apply to all applications for a use permit for condominium conversion and new construction.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.140 Utilities.
A.
Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility. If this provision places unreasonable economic burden on the applicant, the appropriate authority may approve an alternative.
B.
Electricity. Each condominium unit shall have a separate electrical service, with separate meters and disconnects, and ground fault interrupters where ground fault interrupters are required by present building codes.
C.
Telephone Company Access. The telephone company serving the location under conversion shall have the right to construct and maintain (place, operate, inspect, repair, replace and remove) communications facilities as it may from time to time require (including access) in or upon any portion of the common area, including the interior and exterior of the buildings as necessary to maintain communication service within the project. This provision may not be amended or terminated without the consent of the serving telephone company.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.150 Findings required for approval.
The Commission shall not approve a use permit unless it finds:
A.
That the proposed conversion is consistent with the General Plan and applicable community and specific plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the housing element of the General Plan designed to provide affordable housing to all economic segments of the population.
B.
That the average rental vacancy rate in multiple-family units of similar size in the City affected by the proposed conversion during the four quarters preceding the filing of the application is greater than five percent or that the current percentage of multifamily units (within complexes of three or more units) is above 10 percent of the total number of housing units within the City.
C.
In evaluating the average rental vacancy rate in the City and in the building proposed for conversion, the Commission shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding four quarters. In addition, the following sources of vacancy rates statistics may be used: (1) Department of Finance (State of California), (2) Postal Service, and (3) HUD vacancy rates. Notwithstanding any other provision of this chapter, the Commission may deny a use permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection.
D.
That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. In determining whether the housing to which the applicant proposes relocation is “comparable” the Commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and State housing codes; and, that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. In addition, the Commission shall consider the following factors in determining whether the relocation housing is comparable:
1.
Whether the housing is provided with facilities equivalent to that provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following:
a.
Apartment size including number of rooms;
b.
Rent range;
c.
Major kitchen and bathroom facilities;
d.
Special facilities for the handicapped, infirm or senior citizens; and
e.
Willingness to accept families with children;
2.
Whether the housing is located in an area not less desirable than the area in which the tenant then resides in regard to:
a.
Accessibility to the tenant’s place of employment;
b.
Accessibility to community and commercial facilities;
c.
Accessibility to schools; and
d.
Accessibility to public transportation.
A unit is not comparable if it is located in a building for which a notice of intent to convert has been given, except where the rental units of the building will not be offered for sale as condominium units within two years.
E.
That every other requirement that is either imposed by this code or which results from the authority this confers upon the Director has been satisfied.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.160 Lapse of use permit.
A.
Except as provided for in EGMC § 23.20.020, Revocation, a conditional use permit for condo conversion shall be valid for three years from the date of issuance. Since the regulations related to condominium conversions are unique in that (1) measures come into place with the filing of the application for the use permit; (2) in terms of the financial obligations related to eligible tenants; and (3) rental limitations, the following provision shall apply to use permits for condominium conversions:
A use permit shall be deemed in effect if, within three years from the date of approval, one of the following occurs:
1.
A final subdivision map is recorded for all or a portion of the property involved in the use permit; or
2.
Pursuant to the approved relocation assistance plan, written evidence has been filed with the Planning Division that more than 10 percent of eligible tenants have been relocated.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.76.170 Right to terminate conversion.
Within three (3) years of the approval of a use permit for a condominium conversion or pursuant to EGMC Section 23.76.160, Lapse of use permit, after the use permit is in effect, the applicant may elect not to pursue the completion of all or part of the approved conversion. Upon the acceptance of a notice of termination by the approving authority, along with evidence that all remaining eligible tenants have been notified in writing, the conditional use permit shall be deemed lapsed and void. Acceptance of the notice of termination shall be an administrative authority of the Community Development Director. Such acceptance shall be by a written notice of acceptance which may be withheld to such time as the Director is assured that any required tenant obligations incurred during the preconversion process have been satisfied.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.78.010 Purpose and applicability.
The purpose of this chapter is to regulate drive-in/drive-through facilities with development standards to ensure that the design and operation of such uses effectively mitigate associated problems with traffic, congestion, excessive pavement, litter, and noise.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.78.020 Permit requirements.
Drive-in/drive-through facilities are permitted or conditionally permitted in designated zoning districts as described in Division III, Zoning Districts, Allowable Uses, and Development Standards, of this title.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 27-2013 § 14, eff. 2-7-2014; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.78.030 Development standards.
The development standards in this section are intended to supplement the standards in the underlying zoning district for drive-in and drive-through uses. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.
A.
Drive-Through Aisles. The minimum standards for drive-through aisles are as follows:
1.
Drive-through aisles shall have a minimum ten (10' 0") foot interior radius at curves and a minimum twelve (12' 0") foot width.
2.
Drive-up windows and remote tellers shall provide at least one hundred eighty (180' 0") feet of stacking space for each facility, as measured from the service window or unit to the entry point into the drive-up lane. Nonfood and/or nonbeverage businesses may reduce the stacking space to a minimum of sixty (60' 0") feet.
3.
Each drive-through entrance/exit shall be at least fifty (50' 0") feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five (25' 0") feet from the curb-cut on an adjacent property. Exceptions may be granted by the designated approving authority when drive-though pull-out spaces are provided.
4.
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.
5.
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
6.
See EGMC Section 23.42.060 (Rural commercial combining zone) for additional development standards for projects within the rural commercial combining zone.
B.
Landscaping and Screening of the Drive-Through Aisle. Landscaping and screening shall be provided as described below:
1.
A five (5' 0") foot wide planter between the drive-through aisle and the parking area that includes shade trees consistent with those used in the parking area (see EGMC Chapter 23.54, Landscaping).
2.
A minimum three (3' 0") foot tall, maximum four (4' 0") foot tall decorative wall with low shrubs that screens the drive-through aisles from the abutting public right-of-way shall be used to minimize the visual impact of the facility. At no time shall this screening be modified, or landscaping pruned, in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street rights-of-way. Improvements should also be designed to discourage potential safety issues (e.g., persons lying in wait) and shall integrate with the architecture of the related building(s) (see Figure 23.78-1).
C.
Pedestrian Access and Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four (4' 0") foot-wide sidewalk or delineated walkway. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving (see Figure 23.78-1).
Figure 23.78-1 Drive-Through Site Design  |
D.
Hours of Operation. When located on a site within one hundred (100' 0") feet of any residential property (measured from the nearest property lines), hours of operation for the drive-up/drive-through service shall be limited from 7:00 a.m. to 10:00 p.m. daily. If the use is located greater than one hundred (100' 0") feet from a residential use, then there are no restrictions on the hours of operation. The designated approving authority may grant exceptions through a conditional use permit after preparation of a qualified noise study.
E.
Signs. Signs shall be permitted in accordance with the provisions of EGMC Chapter 23.62, Signs on Private Property. Double drive-through aisles shall be restricted to two (2) menu/order board signs.
F.
Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces for the accompanying use.
G.
Noise. Any drive-up or drive-through speaker system shall emit no more than fifty (50) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2009 § 3, eff. 9-25-2009; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.80.010 Purpose and intent.
General Plan housing element identifies the City’s need to provide equal access to housing for people with special needs, including encouraging the development of emergency housing. It is the intent of this chapter to provide for adequate development and operational standards to ensure appropriate housing and services for special needs populations are met.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016)
§ 23.80.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 8-2011 § 33(A), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016)
§ 23.80.030 Permit requirements and exemptions.
Emergency shelter facilities are permitted pursuant to the requirements of EGMC Chapter 23.27. Additionally:
A.
Emergency shelter facilities shall comply with all Federal and California State licensing requirements.
B.
Emergency shelter facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016)
§ 23.80.040 Development and operational standards.
Emergency shelter shall comply with all standards provided by this chapter.
A.
Development Standards.
1.
Location and Separation.
a.
Emergency shelter facilities should be located within one-half (1/2) mile of a transit corridor or existing bus route.
b.
All emergency shelter programs must be situated more than three hundred (300' 0") feet from any other emergency shelter or day program serving primarily homeless individuals or households.
2.
Physical Characteristics.
a.
The maximum number of beds for emergency shelters shall be one hundred (100) unless a conditional use permit is applied for and approved.
b.
The maximum number of beds does not apply in situations of Citywide or Statewide designated disasters or catastrophic conditions.
c.
Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.
d.
The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.
e.
The size of an emergency facility shall be in character with the surrounding neighborhood.
f.
The facility shall have at least one (1) room, which has one hundred twenty (120 ft2) square feet of floor area. Other habitable rooms shall have an area not less than seventy (70 ft2) square feet. When more than two (2) persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty (50 ft2) square feet for each occupant in excess of two (2).
B.
Operational Standards.
1.
If the emergency shelter is proposed for location in an area either zoned or developed as a residential area, all intake and screening shall be conducted off site.
2.
If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate State and/or Federal licensing shall be required.
3.
The emergency shelter shall provide accommodations appropriate for a maximum stay of one hundred eighty (180) days per client/family.
4.
The emergency shelter shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.
5.
The emergency shelter shall include clear and acceptable arrangements for facility occupants, such as on-site meal preparation or food provision and disbursement.
6.
The emergency shelter, where applicable, shall provide child care services and ensure that school-aged children are enrolled in school during their stay at the facility.
7.
The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for occupants.
8.
Emergency shelters shall establish written expectations of residents – behavioral, medical, etc. Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).
9.
Emergency shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.
10.
Emergency shelters shall maintain a record of clients and visitors at all times. Clients will have immediate twenty-four (24) hour access to shelter staff and no walk-in services will be provided at any time in the safe house itself.
11.
Emergency shelters shall provide on-site management and support staff at all times during shelter use.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016)
§ 23.82.010 Purpose.
The purpose of the home occupations provision is to allow limited commercial/office uses within a residential neighborhood or zoning district consistent with established development and operational standards to ensure compatibility and to keep the integrity of the surrounding residential uses and character. To this end, these regulations minimize noise, traffic nuisances, hazardous material usage, and other possible side effects of commercial uses being conducted in residential areas.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 1-2013 § 3, eff. 3-15-2013)
§ 23.82.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 8-2011 § 34(A), eff. 6-24-2011; Ord. 1-2013 § 3, eff. 3-15-2013)
§ 23.82.030 Permit requirements.
Home occupations are permitted in designated zoning districts as described in Division III, Zoning Districts, Allowable Land Uses, and Development Standards, of this title. No special planning permit or entitlement, including zoning clearance/plan check, shall be required for home occupations. Home occupation owners shall acquire any applicable permit or license (e.g., County health permit, Chief’s operating permit, etc.) as may be required for the specific operation by Federal, State, or local regulation.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 1-2013 § 3, eff. 3-15-2013)
§ 23.82.040 Development and operational standards.
All home occupations shall comply with the following development and operational standards. In addition to the performance standards herein, EGMC Section 23.82.050 lists restricted uses and EGMC Section 23.82.060 lists specific prohibited uses.
A.
Storage and Display.
1.
Storage, operation or display of materials, goods, supplies or equipment related to the operation of a home occupation may not be located outside the residence.
2.
On-site storage of hazardous materials associated with the home occupation shall be prohibited.
3.
All activities of the home occupation, including storage of inventory or products and all other equipment, fixtures, office and work space may not exceed twenty (20%) percent of the total square footage of the dwelling unit. Total square footage shall include rooms used for residential and home occupation use.
4.
Products produced as a function of the home occupation shall not be displayed in any manner that would make them visible from the exterior of the dwelling unit.
B.
Employees/Clients.
1.
Employees may be allowed as part of the home occupation permit; however, no more than two (2) nonresidents may work from the residence or report to the home at any time.
2.
The number of clients/customers that can be present at the residence shall be limited to one at any one time, and shall not exceed the maximum of eight (8) per day. Clients/customers shall be permitted at the home occupation business location only on weekdays from 7:00 a.m. to 8:00 p.m. and on weekends from 8:00 a.m. to 6:00 p.m.
C.
Vehicles/Parking. In addition to the following standards, all parking associated with the home occupation shall comply with parking regulations in EGMC Section 23.58.040, General parking regulations.
1.
Commercial vehicles weighing four (4) tons or more may not be parked or stored on any residential property or local residential street in conjunction with a home occupation. However, one (1) vehicle weighing less than four (4) tons may be retained on site of a home occupation contingent upon the existence or establishment of an additional vehicle parking space located outside of the required front and street-side side yard setback area. Such parking space shall comply with residential parking provisions. Regardless of the number of home occupations at a residence, only two (2) additional vehicles (including nonresident employee and client vehicles) shall be present at any one (1) time. Off-street parking shall be provided for all vehicles associated with the home occupation. Additionally, no trailer used for commercial, industrial, or agricultural purposes shall be parked or stored in any residential zone except for loading or unloading services.
2.
There shall be no more than one (1) commercial delivery per day, during normal business hours of 8:00 a.m. to 6:00 p.m.
D.
Signs. A sign no larger than two (2 ft2) square feet shall be allowed for the home occupation other than the address of the residence.
E.
Nuisances. No activity that produces noise, smoke, odor, glare, electrical interference, vibrations, or junk and rubbish discernible beyond the site shall be allowed.
F.
Sales. There shall be no products sold on the premises, except as provided by the California Health and Safety Code for cottage food operations.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 8-2011 §§ 34(B), (C), eff. 6-24-2011; Ord. 1-2013 § 3, eff. 3-15-2013; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017)
§ 23.82.050 Restricted home occupations.
The following specific home occupation uses shall be permitted, subject to further limitations as follows:
A.
Beauty/barbershops limited to one (1) operator only.
B.
Home office use associated with a massage business exclusively providing out-call massage services. No massage services or clients associated with the massage business are permitted at the residence. Out-call massage businesses are subject to the requirements of EGMC Chapter 4.32 and the definitions set forth in EGMC Section 4.32.005 apply to the terms set forth in this subsection and EGMC Section 23.82.060(F).
C.
Contractors and subcontractors offices are permitted as home occupations. However, the storage of vehicles, materials and equipment not normally associated with residential uses shall be prohibited, except as provided in the RD-1, RD-2, and AR-1 through AR-10 zones.
D.
Furniture repair and restoration shall be limited to one occupant of the dwelling on a part-time basis, subject to approval of the Building Inspection Department and the Fire Marshal, as applicable. There shall be no pickup or delivery at the location by the public.
E.
Shoe repair, on a part-time basis, providing that no more than eight (8) visitors a day either drop off or pick up such items. No sales of any kind are permitted. The use will not be conducted in such a fashion as to constitute either a public or private nuisance.
F.
Dressmaking, sewing, tailoring, contract sewing (one (1) operator).
G.
Cottage food operations, consistent with the requirements of the California Health and Safety Code and limited to one (1) full time employee, not including a family member or household member of the cottage food operation.
H.
Short-term rentals as defined in EGMC Section 23.26.050 shall only be permitted in accordance with Table 23.27-1 and EGMC Chapter 4.38.
I.
Bed and breakfast inns, as defined in EGMC Section 23.26.050, shall only be permitted in accordance with Table 23.27-1.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 1-2013 § 3, eff. 3-15-2013; Ord. 13-2020 § 5, eff. 8-21-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.82.060 Prohibited uses.
The following uses are expressly prohibited as home occupations:
A.
Ambulance service;
B.
Ammunition reloading, including custom reloading;
C.
Carpentry, cabinetmakers;
D.
Ceramics (kiln of six (6 ft3) cubic feet or more);
E.
Gyms, dance studios, aerobic exercise studios;
F.
Massage businesses and massage establishments except as otherwise provided in EGMC Section 23.82.050(B);
G.
Medical, dental, chiropractic, or veterinary clinics;
H.
Mortician, hearse service;
I.
Palm reading, fortune telling;
J.
Private clubs;
K.
Repair, or reconditioning, of boats or recreation vehicles;
L.
Restaurants or taverns;
M.
Retail sale from site, including but not limited to firearms and retail car sales. It shall specifically exclude direct distribution, artists’ originals, and food sales as provided by the California Health and Safety Code for cottage food operations;
N.
Storage, repair or reconditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment;
O.
Storage, repair or reconditioning of motorized vehicles or large equipment on site;
P.
Tattoo service;
Q.
Tow truck services;
R.
Veterinary uses (including boarding);
S.
Welding service (office only);
T.
Hotels and motels.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 1-2013 § 3, eff. 3-15-2013; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 13-2020 § 6, eff. 8-21-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.83.010 Purpose and intent.
It is the purpose and intent of this chapter to enact and enforce reasonable regulations to reasonably regulate the ability of an individual twenty-one (21) years of age or older to possess, plant, cultivate, harvest, dry, or process, for personal noncommercial use, not more than six (6) living marijuana plants indoors and to possess the marijuana produced by the plants, all in accordance with the Adult Use of Marijuana Act of 2016 and, specifically, Sections 11362.1 and 11362.2 of the Health and Safety Code. The cultivation of marijuana for personal noncommercial use may only take place in accordance with this chapter. Nothing herein is intended to alter or amend any other local, State, or Federal law or regulations concerning marijuana.
(Ord. 10-2017 § 3 (Exh. A), eff. 5-12-2017)
§ 23.83.020 Definitions.
Consistent with the definitions set forth in the Adult Use of Marijuana Act of 2016, for the purposes of this chapter, the following words shall have the following meanings. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.
A.
“Accessory structure”
means a legally existing fully enclosed detached structure no larger than one hundred twenty (120 ft2) square feet in size that is fully enclosed with walls for all perimeters of the building, including, without limitation, a storage shed located on the same legal parcel as a private residence.
B.
“Commercial marijuana activity”
means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, or sale of marijuana and marijuana products for commercial purposes, whether or not conducted with a license issued in accordance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.).
C.
“Cultivate” or “cultivation”
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
D.
“Distribution”
means the commercial procurement, sale, and transport of marijuana and marijuana products whether or not conducted with a license issued in accordance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.).
E.
“Indoor”
means inside a private residence, residential structure, or accessory structure.
F.
“Legal parcel”
means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).
G.
“Manufacture”
means the commercial production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extractions and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.
H.
“Marijuana”
means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resins. Marijuana does not include:
1.
Industrial hemp, as defined in Health and Safety Code Section 11018.5; or
2.
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
The terms “marijuana” and “cannabis” shall be synonymous and have the same meaning. |
I.
“Marijuana products”
means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
J.
“Outdoor”
means any location within the City of Elk Grove that is not within a fully enclosed structure.
K.
“Premises”
means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single “premises” for purposes of this chapter.
L.
“Private residence”
means a legally existing house, apartment unit, mobile home, or other similar dwelling. A legally existing accessory structure located on the same legal parcel as a private residence shall be considered a part of that private residence.
M.
“Residential structure”
means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a zoning district authorizing such use and which may be legally occupied by persons.
(Ord. 10-2017 § 3 (Exh. A), eff. 5-12-2017)
§ 23.83.030 Cultivation of marijuana for personal use.
The following regulations shall apply to the cultivation of marijuana for personal use within the City:
A.
It shall be unlawful and a public nuisance for any person under twenty-one (21) years of age to cultivate marijuana.
B.
It shall be unlawful and a public nuisance for any person to cultivate marijuana for any commercial marijuana activity. Notwithstanding the foregoing, nothing herein is intended to prohibit the transportation of marijuana or marijuana products on public roads by a licensee duly licensed and acting in compliance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.). Commercial delivery of marijuana in the City is prohibited.
C.
It shall be unlawful and a public nuisance for any person twenty-one (21) years of age or older who owns, leases, occupies, or has charge or possession of any legal parcel or premises within any zoning district in the City of Elk Grove to cultivate marijuana for personal use except as provided for in this chapter.
D.
Limitations on Cultivation. Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence and/or inside an accessory structure located on the grounds where the private residence is located, at any one time. The living marijuana plants and any marijuana produced by the plants in excess of twenty-eight and one-half (28.5) grams shall be kept within the private residence or accessory structure located upon the premises, in a locked space, and not visible by normal unaided vision from a public view.
E.
Residency Requirement. Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.
F.
Outdoor Cultivation Prohibited. It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the City of Elk Grove to cause, or allow such parcel or premises to be used for, the outdoor cultivation of marijuana or marijuana products.
G.
Cultivation in Private Residences Only. Personal cultivation of marijuana is prohibited in all zoning districts except inside a private residence or inside an accessory structure located on the same legal parcel as a private residence, as permitted under EGMC Section 23.27.020 and Use Table 23.27-1, and all subject to the regulations set forth in this chapter.
H.
Indoor Personal Cultivation. The indoor personal cultivation of marijuana inside a private residence or inside an accessory structure located on the same legal parcel as a private residence, as permitted herein, shall only be conducted consistent with the following minimum standards:
1.
Structures shall comply with all laws concerning building and construction of structures, including, without limitation, and as applicable, the Zoning Code, the California Building Code, Electrical Code, and Fire Code, as adopted by the City of Elk Grove.
2.
Marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts for the cultivation area within the private residence.
3.
The indoor use of generators and/or the indoor use of gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.
4.
The private residence shall maintain fully functional kitchen, bathroom, and bedroom facilities for use by the residents and guests, and the private residence shall not be used primarily for marijuana cultivation.
5.
Marijuana cultivation areas shall not be readily accessible to persons under twenty-one (21) years of age.
6.
Any private residence or accessory structure used for marijuana cultivation shall contain a lock on the entry door, which shall remain locked at all times, except when the accessory structure is in use or occupied by a person twenty-one (21) years of age or older authorized to cultivate marijuana pursuant to this chapter.
7.
Marijuana cultivation activities, including marijuana plants and equipment, shall not be visible from a public right-of-way.
8.
No marijuana may be cultivated in a rented private residence without the express consent of the property owner.
9.
Marijuana cultivation shall not be conducted in such a manner as to emit detrimental odorous emissions outside of the private residence in violation of EGMC Section 23.60.050.
(Ord. 10-2017 § 3 (Exh. A), eff. 5-12-2017)
§ 23.83.040 Enforcement.
A.
Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of EGMC Title 1 and EGMC Chapter 16.18.
B.
Consistent with the restrictions set forth in Section 11362.2(a)(3) of the California Health and Safety Code, the City may seize and destroy any living marijuana plants found in excess of the six (6) plants allowed under EGMC Section 23.83.030(D).
C.
Upon discovery of a violation of this chapter, the City may require all marijuana plants and marijuana in excess of twenty-eight and one-half (28.5) grams to be removed from the premises upon twenty-four (24) hours’ notice from the City, or immediately if the City determines such action is necessary to protect the health, welfare and/or safety of the public and/or occupants of the premises.
D.
The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law. Pursuit of one remedy under this chapter, or any other provision of law, shall not preclude pursuit of any other remedy provided herein or any other provision of law.
E.
Any notice of violation of this chapter may be appealed pursuant to EGMC Chapter 1.11.
(Ord. 10-2017 § 3 (Exh. A), eff. 5-12-2017; Ord. 25-2018 § 3 (Exh. A), eff. 2-8-2019)
§ 23.84.010 Purpose and intent.
A.
This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or future amendments.
B.
It is the intent of this title to discourage the long-term continuance of nonconformities that have the potential to create nuisance or other incompatibility issues, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this chapter.
(Ord. 8-2011 § 35(A), eff. 6-24-2011)
§ 23.84.020 Restrictions on nonconforming uses and structures.
A.
Nonconforming Uses of Land. A nonconforming use of land may be continued, transferred, or sold; provided, that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming nonconforming.
B.
Nonconforming Structures. A nonconforming structure may continue to be used as follows:
1.
Changes to, or Expansion of a Structure. Changes to a nonconforming structure by addition, enlargement, extension, reconstruction, or relocation may be allowed if the changes conform to applicable provisions of this title.
2.
Maintenance and Repair. A nonconforming structure may be maintained and repaired.
3.
Other Modifications Allowed. The enlargement, extension, reconstruction, or structural alteration of a nonconforming structure to improve safety, reduce fire hazard and/or to improve the appearance of the structure may be allowed with minor design review approval.
(Ord. 8-2011 § 35(B), eff. 6-24-2011)
§ 23.84.030 Agricultural and residential exemptions.
Repealed by Ord. 28-2008.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.84.031 Nonconforming recreational vehicles, trailers, and vessels.
Recreational vehicles, trailers, and vessels that were legally parked in required setback areas prior to August 11, 2006, but are inconsistent with the provisions of this title are considered legal nonconforming and are “grandfathered” by this chapter. As such, they may continue to be parked in the required front yard setback area. If the storage loses nonconformance status (as provided in EGMC Section 23.84.040), the recreational vehicle, trailer, and vessel shall be parked in compliance with this title. In order to determine nonconformance status, the City shall require information, such as DMV registration, photographs, satellite imagery, neighbor affidavits, or other justification as determined by the City, to be provided in order to adequately review eligibility.
(Ord. 19-2012 § 4(A), eff. 11-9-2012)
§ 23.84.040 Loss of nonconforming status.
A.
Termination by Discontinuance.
1.
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of one (1) year or more, rights to legal nonconforming status shall terminate.
2.
The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.
3.
Without further action by the City, any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this title.
4.
A nonconforming recreational vehicle, trailer, or vessel may be replaced with a new recreational vehicle, trailer, or vessel similar in size and parked in the same location as the former vehicle; provided, that the nonconforming use has not been terminated as contained in subsection (A)(1) of this section.
B.
Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; provided, that the structure may be repaired or rebuilt and reoccupied as follows:
1.
An involuntarily damaged or destroyed structure may be repaired or replaced with a new structure, except for industrial uses in agricultural or residential zones as provided in subsection (B)(1) of this section, with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements if the restoration is started within one (1) year of the date of damage and is diligently pursued to completion.
2.
Conditional use permit approval shall be required prior to restoring or reconstructing a structure for an industrial use in an agricultural or residential zone if the cost of repairing or replacing the damaged portion of the structure is more than fifty (50%) percent of the assessed value of the structure immediately before damage. Conditional use permit approval shall require a finding, in addition to those contained in EGMC Section 23.16.070, that the benefit to the public health, safety or welfare exceeds the detriment inherent in the restoration and continuance of nonconformity.
3.
A nonconforming mobile home may be replaced with a new or newer and larger mobile home placed in the same location as the former unit, subject to applicable provisions of this title.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2008 § 3, eff. 7-21-2008; Ord. 8-2011 § 35(C), eff. 6-24-2011; Ord. 19-2012 § 4(B), eff. 11-9-2012; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020)
§ 23.84.050 Nonconforming parcels.
A.
Legal Building Site. A nonconforming parcel that does not comply with the applicable area or width requirements of this title shall be considered a legal building site if it meets at least one (1) of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:
1.
Approved Subdivision. The parcel was created by a recorded subdivision;
2.
Individual Parcel Legally Created by Deed. The parcel is under one (1) ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
3.
Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
4.
Partial Government Acquisition. The parcel was created in compliance with the provisions of this title, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty (20%) percent and the yard facing a public right-of-way was decreased not more than fifty (50%) percent.
B.
Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 35(D), eff. 6-24-2011)
§ 23.84.060 Nonconforming due to lack of use permit.
A.
Conformity of Uses Requiring Conditional Use Permits. A use lawfully existing without a conditional use permit that would be required by this title to have conditional use permit approval shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).
B.
Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit but is not allowed by this title in its current location may continue, but only in compliance with the original conditional use permit.
(Ord. 8-2011 § 35(E), eff. 6-24-2011)
§ 23.84.070 Extension of legal nonconforming status.
A property owner may apply for, and the City may grant, an extension of nonconforming status established in EGMC Section 23.84.040(A)(1) when consistent with the following requirements:
A.
Application.
1.
Form of Application. Application for extension of legal nonconforming status shall be made to the Community Development Department on a form provided by the Department. As part of the application, the applicant shall identify a period of time for which they would like the extension to be made, consistent with subsection (D) of this section.
2.
Timing of Application. The application shall be submitted before the expiration of the legal nonconforming status.
3.
Proof of Legal Nonconformance. As part of the application, the applicant shall provide proof that the use in question was legally established prior to becoming a legal nonconforming use.
B.
Review and Approval Authority.
1.
The Community Development Director, or designee, shall review the application and prepare a report on the matter for the designated approving authority.
2.
The Commission shall be the designated approving authority for extensions to the legal nonconforming status.
3.
The application shall be heard within sixty (60) days of the date of submittal.
4.
Action on the request for extension of the legal nonconforming status shall be by resolution of the designated approving authority.
5.
Action by the approving authority may be appealed consistent with the provisions of EGMC Section 23.14.060, Appeals.
C.
Conditions of Approval. In approving an extension of the legal nonconforming status, the designated approving authority may impose reasonable conditions of approval to ensure the public health, safety, and general welfare are maintained.
D.
Time Period. The designated approving authority shall establish a maximum time period for the extension of the legal nonconforming status. In no event shall the extension be longer than twenty-four (24) months. Regardless of the length of the time period approved, the approval shall not be subsequently increased except as provided in subsection (G) of this section.
E.
Findings. The designated approving authority, in approving an extension to the legal nonconforming status, shall make all of the following findings:
1.
The subject use was legally established prior to becoming a nonconforming use; and
2.
Continuation of the subject use will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the City.
F.
Making of Application to Stay Loss of Nonconforming Status.
1.
The submittal of the application to the Community Development Department shall stay the loss of nonconforming status until such time as the application is heard and decided by the designated approving authority.
2.
No planning, building, and public works permits, nor business license, shall be issued for the property involving the nonconforming activity until the application for extension of the legal nonconforming use period has been decided.
3.
If a request for extension of the legal nonconforming use period is denied, any time remaining as of the date of decision shall be allowed.
G.
Effect of Intervening Use. The establishment of a legal nonconforming use under the terms of an extension granted under this section shall not prohibit the applicant from applying for, or the City considering and granting, a subsequent extension of legal nonconforming status at a future date should the intervening use also cease operations. The establishment of a new use shall “reset the clock” on these provisions.
(Ord. 8-2011 § 35(F), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.85.010 Purpose.
It is the purpose of this section to preserve the peace, safety, and welfare of the City and its residents by:
A.
Providing clear and concise regulations governing mobile food vendors to prevent safety, traffic, and health hazards;
B.
Preventing the unregulated proliferation of too many vendors near one (1) location, thus negatively impacting traffic and pedestrian safety; and
C.
Establishing standards to ensure that mobile food vendors within permitted zone districts are compatible with their surroundings and aesthetics of the City.
(Ord. 18-2012 § 5, eff. 10-12-2012)
§ 23.85.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 18-2012 § 5, eff. 10-12-2012)
§ 23.85.030 Permit requirements.
Mobile food vendors are permitted in all zoning districts, subject to the general development and operational standards in this chapter. Mobile food vendors and ice cream trucks shall acquire any necessary business license and/or special business license as required by EGMC Title 4 (Business Regulation).
(Ord. 18-2012 § 5, eff. 10-12-2012)
§ 23.85.040 Exemptions.
The following are exempt from the requirements of this chapter as specified below, but still must satisfy all other applicable permit requirements (e.g., business license, County health permit, encroachment permit, etc.).
A.
Mobile food vendors conducted in connection with:
1.
The operations of a State certified farmers’ market;
2.
An event authorized by a street use permit, temporary use permit or other permit or entitlement issued by the City, such as an authorized street fair;
3.
An event at a school facility, assembly use facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);
4.
A public park with Park Manager approval; or
5.
A private event or party in a residential or agricultural zone located either on the site of the event or in the public right-of-way with no retail sale to the general public.
(Ord. 18-2012 § 5, eff. 10-12-2012)
§ 23.85.050 General development and operational standards for mobile food vendors.
Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors (including ice cream trucks):
A.
All mobile food vendors shall obtain all required permits from the City (e.g., general and special business licenses), Sacramento County, and the State, if applicable.
B.
All mobile food vendors shall comply with the California Vehicle Code and California Health and Safety Code.
C.
Mobile food vendors and ice cream trucks may not be parked or stored on any residential property or local residential street. Additionally, no trailer used for commercial purposes shall be parked or stored in any residential zone except for loading or unloading services.
D.
Hours of operation shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. and no over-night parking shall be permitted. Extended hours may be permitted through the issuance of a temporary use permit or minor conditional use permit. Overnight parking may be allowed upon issuance of a minor conditional use permit, provided the site where the mobile food vendor is parked has been permitted as a commissary as provided under State and County public health regulations.
E.
Food sales (not including set-up and take-down) shall be limited to three (3) hours at a single location in a thirty-six (36) hour period, unless otherwise authorized by permit or entitlement issued by the City, including but not limited to a minor conditional use permit, temporary use permit, street permit, or similar. For purposes of this section, “a single location” shall mean a new location within a five hundred (500' 0") foot radius of the original location.
F.
Mobile food vendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
G.
Operations on Private Property.
1.
Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a three hundred fifty (350' 0") foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor’s operations. Vendor must be able to demonstrate property owner authorization as provided in this section.
2.
Mobile food vendor shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Community Development Director.
3.
Vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
H.
Operations in Public Right-of-Way.
1.
Mobile food vendors shall not operate within three hundred fifty (350' 0") feet of any building-enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same three hundred fifty (350' 0") foot radius.
2.
Mobile food vendors shall not stop, stand, or park in any clear vision triangle or no parking zone.
3.
Mobile food vendors shall not operate within three hundred fifty (350' 0") feet of a public or private school in which children at or below the twelfth (12th) grade level are enrolled, and which is in session.
4.
Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act (ADA) free of customer queuing, signage, and/or all portions of the vehicle for the clear movement of pedestrians.
I.
Residential and Agricultural Zones. Mobile food vendors shall not park longer than required in order to complete a single transaction adjacent to the premises or residences of the customer.
J.
Long-Term Parking and Storage. Generally, mobile food vendors are stationed at a food sales location for a limited duration, consistent with the time limitations of this chapter, and then are moved to another location for additional sales or return to their base of operations. Depending upon the type of mobile food vendor, the base of operations may be commissary, as that term is defined in State law and County regulations. Mobile food vendors that require a commissary may not be parked or stored at a sales location overnight or for an otherwise indefinite period unless that location is also the permitted commissary for that vendor.
(Ord. 18-2012 § 5, eff. 10-12-2012; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.85.060 Additional operational standards for ice cream trucks.
Standards for ice cream trucks shall be governed under California Vehicle Code Section 22456. In addition, development and operational standards in EGMC Section 23.85.050 shall apply to ice cream trucks. To the extent that EGMC Section 23.85.050 is more restrictive, it shall supersede the requirements of Section 22456 of the Vehicle Code.
(Ord. 18-2012 § 5, eff. 10-12-2012)
§ 23.86.010 Purpose.
The purpose of this chapter is to regulate temporary and permanent outdoor sales, display, storage, and seating. The intent of these regulations is to limit outdoor uses except for specific circumstances where conditions can be met to ensure that such outdoor uses do not obstruct pedestrian or vehicle circulation or create the unsightly appearance of unrestricted clutter.
(Ord. 26-2006 § 3, eff. 8-11-2006)
§ 23.86.020 Permit requirements.
A.
Temporary Outdoor Uses. Temporary outdoor uses are permitted in nonresidential zoning districts, subject to the approval of a temporary use permit in compliance with the provisions of EGMC Section 23.16.050, Temporary use permit.
B.
Permanent Outdoor Sales and Display Uses. Permanent outdoor sales and displays are permitted in commercial zoning districts, subject to zoning clearance authorization by the Community Development Director in compliance with the provisions of EGMC Section 23.16.020, Zoning clearance/plan check, and with the development and operational standards in this chapter.
C.
Permanent Outdoor Storage and Service Uses. Permanent outdoor storage and service is permitted as specified by use classification in the allowed use tables of Division III of this title. If not part of the original development permit for the principal use, permanent outdoor storage and service uses may be permitted in nonresidential zoning districts, subject to design review approval in compliance with EGMC Section 23.16.080, Design review. All such uses shall be consistent with development and operational standards in this chapter.
D.
Permanent and Seasonal Outdoor Seating Uses. If not part of the original development permit for the principal use, outdoor seating uses shall be permitted in nonresidential zoning districts subject to zoning clearance/plan check or design review, depending on the total number of outdoor seats. Zoning clearance/plan check is required for twenty (20) or fewer seats and design review is required for twenty-one (21) or more seats. All such uses shall be consistent with the development and operational standards in this chapter.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2009 § 3, eff. 9-25-2009; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.86.030 Exemptions.
The following uses are exempt from the requirements of this section as specified below and are subject to compliance with all other provisions of this title:
A.
Automobile Dealerships. Outdoor use associated with automobile dealerships shall be a permitted accessory use.
B.
Outdoor Storage. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises.
C.
Outdoor Uses. Outdoor uses in residential zoning districts consistent with the provisions in EGMC Chapter 23.58 EGMC, Parking, and EGMC Chapter 23.64 EGMC, Yard Measurements and Projections.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007)
§ 23.86.040 Development and operational standards for permanent outdoor uses.
A.
General Development and Operational Standards. Unless otherwise exempt, the following general development and operational standards shall apply to all permanent outdoor uses:
1.
Owner Authorization Required. Property owner authorization shall be required for all permanent outdoor uses.
2.
Location and Required Clearance. Permanent outdoor uses shall not be located within any public right-of-way, in designated parking areas or vehicle circulation areas, or within landscape planter areas. A minimum four (4' 0") foot wide path of travel shall be provided and maintained along all pedestrian walkways from the public right-of-way and/or parking lot to all public building entrances. No outdoor use may obstruct this required pedestrian clearance in any manner, regardless of the width of the sidewalk.
3.
Signs. No additional business identification or advertising signs for the outdoor use may be permitted above the maximum allowable sign area for the corresponding business. All advertising on umbrellas or canopies shall count toward the total allowable sign area for the business.
4.
Hours of Operation. Except as specifically identified in subsequent sections, hours of operation for outdoor uses shall coincide with the hours of operation for the corresponding business with which the outdoor use is granted.
5.
Noise. Generally, the use of mechanically produced sound, amplified sound or live music shall be permitted in conformity with the City’s noise standards.
6.
Maintenance. All permanent outdoor uses shall be maintained free of garbage and other debris. Additional trash receptacles may be required for permanent outdoor uses.
B.
Permanent Outdoor Sales and Displays. Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor sales and display uses:
1.
Associated Operations. Only those goods and materials associated with the existing on-site use may be stored, sold, or displayed.
2.
Location. Permanent outdoor sales and displays shall not be located within any required yard in the corresponding zoning district on which it is located. Outdoor sales and displays shall be located in a designated area immediately abutting the associated building(s).
3.
Maximum Area. Except as otherwise approved in conjunction with development permits, the area used for permanent outdoor sales and display of materials shall not exceed ten (10%) percent of the gross floor area of the corresponding commercial building.
4.
Height of Displayed Materials. The outdoor display of merchandise shall not exceed a maximum height of six (6' 0") feet.
5.
Screening Required. Outdoor sales areas larger than four hundred (400 ft2) square feet in size shall be enclosed with a solid fence or wall to screen views from public rights-of-way. Maximum height of enclosure shall be ten (10' 0") feet. The design of the fencing enclosure shall be compatible with the main building(s) and surrounding development.
C.
Permanent Outdoor Storage. Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor storage and associated service uses:
1.
Location. Outdoor storage shall not be located in any required yard for the corresponding zoning district within which it is located. Outdoor storage for residential use may not be located in any front or street side yard unless entirely screened from view of an abutting street by a solid screen (e.g., fence, wall, planting hedge) with a minimum six (6' 0") foot height in compliance with this title.
2.
Maximum Area. Outdoor storage areas which exceed ten (10%) percent of the total enclosed floor area for the associated use shall be approved in conjunction with the primary business or development.
3.
Enclosure/Screening. Outdoor storage areas for materials other than plants shall be entirely enclosed with a solid wall or fence to ensure stored materials are not visible from the public right-of-way (street). Material storage and screening shall not exceed a maximum height of fifteen (15' 0") feet and shall be designed compatible with the primary building for the corresponding business.
4.
Parking. Parking for permanent storage use shall be provided consistent with the off-street parking requirements of EGMC Chapter 23.58 EGMC, Parking.
D.
Permanent and Seasonal Outdoor Seating. Unless otherwise exempt, the following development and operational standards apply to all outdoor seating for food uses, including both fixed and movable seats:
1.
Location. Except as established for joint use of a multi-tenant development, tables and chairs shall be limited to the area immediately abutting the corresponding restaurant use. Any outdoor restaurant seating within fifty (50' 0") feet of any residential property shall require approval of a conditional use permit.
2.
Parking. A maximum of ten (10) outdoor seats shall be permitted per food and/or drinking establishment without increasing the required parking. Additional parking shall be provided for any seating in excess of the foregoing limits at a ratio of one (1) parking space per five (5) outdoor seats. Required off-street parking shall be provided in accordance with EGMC Chapter 23.58, Parking.
3.
Enclosure. An enclosure wall or fence shall be required around any outdoor seating areas with restaurant table service. Walls and fences shall not exceed a maximum height of thirty (30") inches. The wall/fence may be extended to a maximum height of six feet if the area above thirty (30") inches remains primarily open view (e.g., glass, wrought iron). Outdoor seating may be uncovered, partially covered or fully covered by means of umbrellas, awnings, or canopies. Design of enclosures shall be reviewed and approved in conjunction with the design review permit to ensure design compatibility with the corresponding building and landscape.
4.
Lighting. Minimum security lighting shall be provided for all outdoor seating areas open to the public after 6:00 p.m. Decorative or accent lighting may be used; provided, that the canopy/ awning lighting be directed down. Exposed neon tubing shall be prohibited.
5.
Noise. All forms of speaker amplification associated with the outdoor dining shall be prohibited unless otherwise authorized in combination with a project-related conditional use permit or stand-alone minor conditional use permit.
6.
Accessory Structures. Outdoor fireplaces, fountains, and other structures accessory to the outdoor seating use shall be reviewed and authorized by the designated approving authority in conjunction with the required permit.
7.
Trash Collection. A minimum of one outdoor trash receptacle shall be located within twenty (20' 0") feet of the outdoor dining area.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 §§ 36(A), (B), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 25-2018 § 3 (Exh. A), eff. 2-8-2019)
§ 23.86.050 Development and operational standards for temporary outdoor uses.
Repealed by Ord. 18-2012.
(Ord. 28-2007 § 3, eff. 10-26-2007)
§ 23.88.010 Purpose and applicability.
The purpose of this chapter is to establish standards for review of large community care facilities and large residential care facilities for the elderly and chronically ill in compliance with State law. In order to protect the public health, safety and welfare and to preserve and protect the integrity of residential neighborhoods, provisions herein are intended to prevent an overconcentration of these facilities.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.88.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapters 23.26 (Use Classification System) and 23.100 (General Definitions).
(Ord. 8-2011 § 37(A), eff. 6-24-2011; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.88.030 Permit requirements.
A permit is required for large community care facilities and large residential care facilities for the elderly and chronically ill, as applicable, in accordance with Division III, Zoning Districts, Allowable Uses, and Development Standards, of this title.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014)
§ 23.88.040 Development standards for care facilities.
In addition to the development standards of the underlying zoning district, large community care facilities and large residential care facilities for the elderly and chronically ill shall comply with the following standards:
A.
License. Facilities shall be licensed by the appropriate State or County agency and shall comply with all licensing requirements thereof.
B.
Separation. To prevent an overconcentration of facilities in any one (1) area, no large community care facilities and large residential care facilities for the elderly and chronically ill shall be allowed to be located within one thousand (1,000' 0") feet of the boundaries of a parcel with another such facility.
C.
Parking. Parking shall comply with the applicable provisions of EGMC Chapter 23.58, Parking.
D.
Signs. Signs for residential care facilities shall be permitted as follows:
1.
Residential care facilities, small, shall comply with the signage standards for home occupations.
2.
Residential care facilities, large, shall comply with the signage standards for multifamily dwellings and complexes.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 23-2014 § 3 (Exh. A), eff. 10-10-2014; Ord. 20-2018 § 3 (Exh. A), eff. 11-9-2018)
§ 23.90.010 Purpose.
The purpose of this chapter is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts and on residential property consistent with State law (Sections 66310 through 66342 of the California Government Code). Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.90.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 8-2011 § 38(A), eff. 6-24-2011; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020)
§ 23.90.030 Allowed use and density provisions.
A.
Accessory dwelling units shall be allowed in all residential, agricultural residential, and agricultural zoning districts in compliance with the development standards as set forth in EGMC Section 23.90.040, subject to zoning clearance/plan check review. Accessory dwelling units are an accessory residential use and do not count towards the allowable density for the lot upon which the accessory dwelling unit is located and are consistent with the existing General Plan and zoning designation for the lot.
B.
Traditionally, an accessory dwelling unit or units are built subsequent to construction of a primary unit, although in some instances they may be built concurrently. An existing primary dwelling unit may be redesignated as an accessory dwelling unit, and a new primary dwelling unit constructed; provided, that the existing unit complies with the applicable maximum allowed floor area provided in this chapter.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.90.040 Development standards.
Pursuant to Section 66314 et seq. of the California Government Code, accessory dwelling units shall be permitted on single-family and multifamily residential parcels by the Community Development Director when the following conditions are met. All other development standards shall be in compliance with the underlying zone district.
A.
Accessory dwelling units may be located either attached to or located within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B.
The lot is zoned to allow mixed-use, single-family use or multifamily use and includes a proposed or existing dwelling.
C.
Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
D.
Accessory dwelling units shall be permitted as follows:
1.
One (1) accessory dwelling unit and one (1) junior accessory dwelling unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure; provided, that the space has exterior access from the proposed or existing single-family dwelling. An accessory dwelling unit or junior accessory dwelling unit hereunder a) shall not be subject to the setback standards of subsection (G) of this section, b) shall maintain side and rear setbacks that are sufficient for fire and safety, and c) may include an expansion of not more than one hundred fifty (150 ft2) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. A junior accessory dwelling unit hereunder shall comply with the requirements set forth in EGMC Section 23.90.050.
2.
One (1) detached, new construction, accessory dwelling unit per lot with a proposed or existing single-family dwelling. This detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (D)(1) of this section.
3.
On lots with existing multifamily residential, a maximum of eight (8) detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this subsection shall not exceed the number of existing units on the lot.
4.
On lots with existing multifamily residential, at least one (1) accessory dwelling unit internal to the building(s) and up to a maximum of twenty-five (25%) percent of the total existing multifamily units within the development. Such accessory dwelling units may be developed within 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 building standards for dwellings.
5.
On lots with a proposed multifamily residential, not more than two (2) detached accessory dwelling units.
E.
The minimum size for an accessory dwelling unit shall be one hundred fifty (150 ft2) square feet.
F.
An accessory dwelling unit shall not exceed the following maximum total floor areas:
1.
Accessory dwelling units that are attached to the primary dwelling unit shall not exceed the greater of the following:
a.
Fifty (50%) percent of the existing total floor area of the primary dwelling; or
b.
Eight hundred fifty (850 ft2) square feet if the accessory dwelling unit has one (1) bedroom or less, or one thousand (1,000 ft2) square feet if the accessory dwelling unit has more than one (1) bedroom.
2.
Accessory dwelling units that are detached from the primary dwelling shall not exceed one thousand two hundred (1,200 ft2) square feet.
G.
Accessory dwelling units shall comply with the following setback standards:
1.
No additional setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. Structures converted into habitable space shall comply with applicable building code requirements for protection of life and safety.
2.
Where new construction is proposed, except for new construction contemplated by subsection (G)(1) of this section, the required minimum interior side yard and rear yard setback shall be four (4' 0") feet. Front and street side yard setbacks shall be the same as the underlying zoning district.
H.
The height of an accessory dwelling unit shall comply with the following height limits (See EGMC Chapter 23.64, Yard Measurements and Projections, for description of required yard area.):
1.
Accessory dwelling units attached to the primary dwelling unit and within the building envelope shall not exceed a height of twenty-five (25' 0") feet or the height of the primary dwelling unit, whichever is greater.
2.
Accessory dwelling units detached from the primary dwelling unit shall not exceed the following height limits:
a.
Generally, sixteen (16' 0") feet in height, except that when located within the allowed building envelope and outside of the required yard area, the accessory dwelling unit may be allowed to the height maximum of the underlying zoning district.
b.
For sites located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the California Public Resources Code, the maximum allowed height shall be eighteen (18' 0") feet, plus an additional two (2' 0") feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
c.
For a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, a height limit of eighteen (18' 0") feet.
d.
Within the agricultural and agricultural-residential zoning districts, the maximum height of a detached accessory dwelling unit shall be thirty (30' 0") feet.
I.
An accessory dwelling unit may be rented separately from the primary unit. Rentals shall be for terms of thirty (30) days or longer.
J.
An accessory dwelling unit shall provide one (1) additional off-street parking space for each bedroom in the accessory dwelling unit unless an accessory dwelling unit meets any one (1) of the following criteria, then no additional parking spaces are required:
1.
The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit, including any bus stop.
2.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
3.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
4.
When on-street parking permits are required but not available to the occupant of the accessory dwelling unit.
5.
When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
6.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single residential unit dwelling or a new multiple residential unit dwelling on the same lot; provided, that the accessory dwelling unit or the lot satisfies any other criteria listed above.
K.
Any additional parking space(s) required for an accessory dwelling unit may be provided as tandem parking on an existing driveway. Off-street parking shall be permitted in setback areas consistent with the underlying zoning district requirements and other adopted policies or plans.
L.
Except as otherwise provided, no accessory dwelling unit may be sold separately from the primary dwelling unit. An accessory dwelling unit may be sold separately from the primary dwelling unit if it complies with the provisions of Section 65852.26 of the California Government Code.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 49-2008 § 3, eff. 11-21-2008; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 14-2017 § 3 (Exh. C), eff. 6-23-2017; Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.90.050 Junior accessory dwelling units.
Junior accessory dwelling units shall comply with the following development standards:
A.
The junior accessory dwelling unit shall be located on a lot zoned for single-family residential that includes a proposed or existing single-family residence.
B.
The junior accessory dwelling unit shall be constructed within the walls of the primary dwelling unit and shall not be more than five hundred (500 ft2) square feet.
C.
The junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure.
D.
If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall also include an interior entry to the main living area.
E.
The junior accessory dwelling unit includes an efficiency kitchen, which includes all of the following:
1.
A cooking facility with appliances; and
2.
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
F.
No additional parking shall be required for the junior accessory dwelling unit.
G.
Either the primary dwelling unit or the junior accessory dwelling unit shall be occupied by the property owner. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. The junior accessory dwelling unit shall not be sold separate from the primary dwelling unit. A deed restriction shall be recorded against the single-family residence which includes the information required by Section 66333(c) of the California Government Code.
H.
No more than one (1) junior accessory dwelling unit is permitted on each residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
(Ord. 28-2019 § 3 (Exh. A), eff. 2-7-2020; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.92.010 Purpose.
The purpose of this chapter is to establish development standards for temporary activities to ensure the overall health, safety, and general welfare of the community is maintained. Temporary uses are those that occur on a short-term or limited-term basis, whether for a limited duration (e.g., exclusively three (3) specific dates) or indefinitely (e.g., the first (1st) Friday of each month, in perpetuity).
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.92.020 Permit requirements and exemptions.
Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in EGMC Section 23.16.050 (Temporary use permit).
A.
Temporary Uses Exempt from Permit Requirements. The following temporary activities and uses are allowed by right and are expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.
1.
Car washes of a temporary nature (e.g., school fundraisers) when operated consistent with local and State regulations.
2.
Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
3.
Emergency public health and safety facilities established by a public agency.
4.
Entertainment and assembly events held within auditoriums, stadiums, or other assembly facilities (as that term is defined in EGMC Section 23.26.050, Description of land use classifications), provided the proposed use is consistent with the intended use of the facility, the use is established consistent with the permit requirements of this title, and where there is no reduction in parking area as part of the temporary use.
5.
Events held exclusively on City property, such as those covered under a special events permit.
6.
Events operated by the City.
7.
Events held exclusively on property owned and/or operated by the Cosumnes Community Services District.
8.
Events held exclusively on school grounds and that are in conjunction with the school use.
9.
Garage and yard sales held on private property and when occurring no more than two (2) consecutive days and up to four (4) times per calendar year.
10.
Outdoor promotional events and seasonal sales, including temporary outdoor display and sales of merchandise and seasonal sales, as part of a commercial business that has obtained a business license with the City and is in compliance with the development standards of this title, including but not limited to minimum parking requirements.
11.
Private parties exclusively on private property where there is no sale of food or beverage to attendees of the event and the property is not being provided on the basis of compensation. Examples of such events include, but are not limited to, a back yard barbeque or a wedding at a family home; examples of events not included in this exemption include, but are not limited to, a wedding at a home where a rental fee is charged.
12.
Seasonal sales involving legal fireworks, except that the use shall first secure any other permits required from the CCSD Fire Department as provided under EGMC Title 17 and the Fire Code.
13.
Storage/cargo shipping containers not in conjunction with an approved construction project when located consistent with the provisions of this chapter. Note, storage/cargo shipping containers may be used as permanent structures subject to approval of any required design review approval pursuant to EGMC Section 23.16.080 and issuance of a building permit.
14.
Temporary sales offices and model home complexes as part of new home sales.
B.
Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use.
1.
Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project (e.g., yards and offices as part of subdivision construction).
2.
Entertainment and assembly events, including carnivals, car shows, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., competition at a swim complex would be exempt from the requirement for a permit).
3.
Farmers markets held on private property.
4.
Swap meets, flea markets, rummage sales, and similar events held on private property.
5.
Seasonal sales (e.g., Halloween, Christmas) except when related to an existing business, or located withing an existing retail building, excluding fireworks stands (see subsection (A)(14) of this section).
6.
Storage/cargo shipping containers when located for periods greater than the time periods provided under EGMC Section 23.92.040(F)(1) through (3).
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.92.030 General development standards for temporary uses.
A.
Conformance with Other Portions of This Title. Standards for off-street parking spaces, setbacks, and other structure and property development standards contained in this title that apply to the category of use or the zoning district of the subject parcel, as determined by the Community Development Director, shall apply to all temporary activities. Requirements for long-term improvements that exceed the duration of the temporary use, including but not limited to landscaping and paving of parking lots, as determined by the Community Development Director, shall not be imposed.
B.
Access and Circulation. All temporary uses shall be organized to provide efficient and orderly ingress and egress from the site. The City may require the preparation and implementation of an access plan to the satisfaction of the City.
C.
Animal Care. Any animals that are part of the temporary use shall be treated humanely and in keeping with EGMC Chapter 8.02 and any other applicable laws.
D.
Emergency Communications System. The City may require, due to the size, nature, or location of the activity, that temporary uses include an on-site public address system. Any such system shall be to the satisfaction of the Chief of Police (or their designee).
E.
Fire Protection. All temporary uses are subject to review by the CCSD Fire Chief and shall comply with any requirements and permits established by the CCSD Fire Department. The City shall not issue a temporary use permit for any activity for which a fire permit is required until such permit has been issued by the CCSD Fire Chief (or his or her designee).
F.
Food and Alcohol.
1.
Any food or beverage served or sold at the event shall comply with all applicable laws, including without limitation the California Retail Food Code, Section 113700 et seq. of the Health and Safety Code, as it may be amended.
2.
Any sale or service of alcohol at a temporary use shall be conducted in accordance with State law and after the issuance of any required permit from the City and State Department of Alcoholic Beverage Control.
G.
Medical Services. The City may require, due to the size, nature, or location of the activity, that temporary uses provide on-site first aid services. Any such service shall be to the satisfaction of the Chief of Police (or his or her designee).
H.
Site Maintenance. All temporary uses shall be kept clean and organized. Temporary use operators shall collect and remove all rubbish associated with the use and shall clean and restore all areas used for the activity, including contiguous public roads, sidewalks, rights-of-way, and easements to substantially the same condition as existing prior to the activity following the conclusion of the use.
I.
Site Security. As part of the approval of a temporary use permit, the City may require the presence of on-site security. The provided security shall be subject to the review and approval of the Chief of Police (or his or her designee). No security personnel required by this chapter shall act as a door person, ticket seller, ticket taker, admittance person, or be responsible for temporary use operations while performing their security duties.
J.
Stormwater Discharge. All activities shall be managed in compliance with the City’s stormwater management regulations pursuant to EGMC Chapter 15.12, Stormwater Management and Discharge Control.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 20-2018 § 3 (Exh. A), 11-9-2018; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.92.040 Standards for specific temporary uses.
The following standards shall apply to the specific temporary uses described below:
A.
Construction Yard/Storage Shed and Temporary Construction Office. Any temporary use permit for a construction yard, storage shed, or temporary construction office shall expire upon completion of the construction project, or the expiration of the accompanying building permit or improvement permit authorizing construction, whichever occurs first.
B.
Entertainment and Assembly Events. Entertainment and assembly events when not part of or consistent with a permitted use shall not be permitted for periods of longer than seven (7) consecutive days.
C.
Farmers Market. Farmers markets shall not be held for more than two (2) consecutive days per week at the same location.
D.
Garage/Yard Sale. Garage sales, yard sales, and similar activities shall not occur more than four (4) times per year, with no sale exceeding two (2) consecutive days. All merchandise must be displayed within the property boundaries.
E.
Seasonal Sale. Seasonal sales (e.g., Halloween, Christmas) shall only be allowed on nonresidential property. The maximum period for seasonal sales shall be forty-five (45) days per sale. No more than two (2) such activities shall be allowed for a property within a twelve (12) month period.
F.
Storage/Cargo Shipping Container. Storage/cargo shipping containers, when permitted, shall only be allowed consistent with the following:
1.
In agricultural and agricultural-residential districts, for periods no greater than five (5) days and no more than one (1) period per year.
2.
In residential zoning districts, for periods no greater than seventy-two (72) hours and no more than one (1) period per year.
3.
In commercial, office, and industrial zones, for periods no greater than sixty (60) days and no more than one (1) period per quarter, unless they are used as part of an active building permit.
4.
In industrial zones:
a.
As part of a storage/warehouse use, or when on vehicle as part of a distribution or logistics center, cargo/shipping container(s) may be stored for an indefinite period, provided the containers are within a secured/fenced area and screened from view from the public right-of-way.
b.
Otherwise, for periods no greater than sixty (60) days and no more than one (1) period per quarter, unless they are used as part of an active building permit.
5.
Where allowed, storage/cargo shipping containers shall comply with the following development standards:
a.
Containers shall be located a minimum of ten (10' 0") feet from any front or street-side property line, a minimum of five (5' 0") feet from any rear or interior property line, and a minimum of five (5' 0") feet from any other structure or container. At no time shall the container obstruct the clear-vision triangle. For agricultural residential uses, containers may not be placed within the required front yard area.
b.
One (1) container may be permitted for every five thousand (5,000 ft2) square feet of permanent structure, or portion thereof.
c.
Containers shall not be stacked, except when part of a storage/warehouse use or distribution or logistics center and the containers are screened from view from the public right-of-way.
6.
If a minor use permit is issued for a cargo/shipping container(s) for a period greater than sixty (60) days, said container(s) must be screened from public view through any combination of landscaping, fencing, or other appropriate technique.
7.
Nothing herein shall prohibit the use of a cargo/shipping container(s) as a permanent structure, provided their use is approved through a project’s design review approval and the structure is compliant with all requirements of the Building Code.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 16-2009 § 3, eff. 9-25-2009; Ord. 20-2018 § 3 (Exh. A), eff. 11-9-2018; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021)
§ 23.92.050 Similar uses.
The Community Development Director may determine a use not specifically listed herein is substantially similar to a use that is listed based on the available criteria and description and after making the required findings outlined in EGMC Section 23.12.045 (Similar use determination).
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.92.060 Temporary use permit extensions.
Repealed by Ord. 16-2021.
(Ord. 28-2007 § 3, eff. 10-26-2007; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016)
§ 23.93.010 Purpose.
The purpose of this chapter is to establish development and operational standards for urban crop production uses to ensure that the design and operation of such uses is compatible with the surrounding urban context and limits impacts, including but not limited to noise and dust.
(Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021)
§ 23.93.020 Permit requirements.
Urban crop production is permitted or conditionally permitted in designated zoning districts as described in Table 23.27-1, Allowed Uses and Required Entitlements for Base Zoning Districts.
(Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021)
§ 23.93.030 Development and operational standards for urban crop production.
Urban crop production uses shall comply with the following development and operational standards:
A.
Buildings and Structures. Any buildings or structures constructed as part of the use shall comply with the required setback and building height limits for the applicable zoning district. Structures shall comply with any design review or building permit requirements.
B.
Crop Production Area. Any crops or buffer plants shall be set back or trimmed as necessary so as to not extend beyond any property lines or inhibit pedestrian movements along any sidewalks or other pedestrian walkways.
C.
Equipment.
1.
Except as otherwise provided, equipment used to maintain the site shall be limited to landscaping equipment designed for household use, such as manual hand tools (e.g., shovel, hoe, clippers), mechanical hand tools that can be operated by no more than two (2) people (e.g., string trimmer, edger, hedge trimmer, pole saw, chain saw, auger), or walk-behind mechanical equipment (e.g., walk-behind tiller).
2.
Heavy equipment may be used initially to prepare the land for crop production subject to approval of a minor use permit.
D.
Maintenance and Composting.
1.
A manager shall be designated for the site, who shall be the primary point of contact between site operations, the City, and neighbors. A sign indicating the contact information for the manager shall, at all times, be posted on the site in a publicly accessible area.
2.
The site shall be maintained in an orderly condition and the operator shall ensure the regular removal of weeds, debris, and other rubbish.
3.
Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.
4.
Composting on site shall occur consistent with the following:
a.
Compost and compost receptacles shall be located and screened so as not to be visible from a public right-of-way.
b.
Compost and compost receptacles shall be set back a minimum of twenty (20' 0") feet from residential buildings, whether on or off site.
c.
In residential zones, composting shall be limited to the materials generated on site and shall be used on site.
E.
Sales. Products produced on site may be sold from the property. The sales area shall not exceed one hundred twenty (120 ft2) square feet.
F.
Hours of Operation.
1.
Urban crop production sites shall only be tended between dawn and dusk, unless additional hours are approved pursuant to a minor use permit.
2.
Sales operations shall be limited to between the hours of 10:00 a.m. and 7:00 p.m.
G.
Utilities. The site shall be served by a water supply sufficient to support the cultivation practices used on the site.
(Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021)
§ 23.94.010 Purpose and intent.
The purpose of this chapter is to regulate the installation of antennas and other wireless communications facilities consistent with Federal law. The City acknowledges the community benefit associated with the provision of wireless communication service and potential public benefit from leasing of publicly owned properties. It is also recognized that unrestricted installations are contrary to the City’s efforts to promote safety and aesthetic considerations. It is not the intent of this chapter to unreasonably limit the reception or transmission of signals or to add excessive permit costs. Rather, it is the intent of this chapter to permit antennas and wireless communications facilities where they can be installed without creating adverse safety and aesthetic impacts on abutting and nearby properties and the overall community.
(Ord. 8-2011 § 39(A), eff. 6-24-2011; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions).
(Ord. 8-2011 § 39(B), eff. 6-24-2011; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.030 Permit requirements by zoning district.
A.
Permit Requirements.
1.
New Facilities. In an attempt to protect scenic, historic, natural, or cultural resources of the City; to assure land use compatibility with properties adjacent to such facilities; to minimize negative visual, noise and aesthetic impacts; and to protect the general safety, welfare, and quality of life of the community, unless exempt from permit requirements pursuant to EGMC Section 23.94.040, Exemptions, and except as set forth herein or at EGMC Section 23.94.035, Small cell wireless communications facilities, all new wireless communications facilities shall be subject to the permit requirements for the underlying zoning district as provided in EGMC Table 23.27-1 (Allowed Uses and Required Entitlements for Base Zoning Districts). The procedures for any required conditional use permit or minor conditional use permit are provided in EGMC Section 23.16.070, Conditional use permit and minor conditional use permit.
2.
Modification to Existing Facility (Including Co-location). Except for eligible facilities requests, modifications and proposed co-locations to an existing wireless facility require an amendment to or issuance of a new conditional use permit or minor conditions use permit, if such a permit was approved prior to the development of the existing wireless facility. Applications qualify for an eligible facilities request if all the following findings can be made:
a.
The modification does not increase the height of the existing facility tower by more than ten (10%) percent or twenty (20' 0") feet, whichever is greater;
b.
The modification does not propose any equipment that extends from the current limits of the facility tower by more than twenty (20' 0") feet;
c.
The modification does not propose more than four (4) new equipment cabinets;
d.
The modification will not entail any excavation or deployment greater than thirty (30' 0") feet outside the current site area;
e.
The modification will not defeat any concealment elements of the existing tower; and
f.
The modification will not violate any prior conditions of approval; provided, however, that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change.
B.
Permit Processing. Permits shall be processed in accordance with the applicable provisions of Division II of this title.
C.
Conditions. The designated approving authority may impose conditions on wireless communications facility permits to ensure compliance with all provisions and purposes of this chapter.
D.
Findings for Approval. The approving authority may approve or conditionally approve a conditional use permit or minor conditional use permit for a wireless communications facility, where such permit is required, only upon making the following written findings, in addition to the required findings for conditional use permits as provided in EGMC Section 23.16.070, Conditional use permit and minor conditional use permit, based on substantial evidence in the record.
1.
All of the following findings are required for the approval of a conditional use permit for any wireless communications facility:
a.
The establishment or expansion of the facility demonstrates a reasonable attempt by the applicant to minimize stand-alone facilities.
b.
All applicable development standards in EGMC Section 23.94.050 have been met; or, if the application includes a request for an exception to those standards, then the approving body finds that lack of compliance with the development standards would not create adverse visual, noise, or aesthetic impacts to adjacent property.
2.
Findings for the establishment of a wireless communications facility that is not co-located with other existing or proposed facilities or a new freestanding pole or tower (at least one (1) finding required):
a.
Co-location is not reasonably feasible;
b.
Co-location would have greater adverse effects on views, noise or aesthetics as compared with a stand-alone installation; or
c.
Co-location is not permitted by the property owner.
E.
Findings for Denial. Findings to deny any permit for a wireless communications facility as regulated herein shall be done in writing and supported by substantial evidence contained in the written record. Denial shall not be based on the environmental effects of radio frequency emissions that comply with the Federal Communications Commission emission regulations.
(Ord. 8-2011 § 39(C), eff. 6-24-2011; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019; Ord. 12-2022 § 3 (Exh. A), eff. 6-24-2022; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.94.035 Small cell wireless communications facilities.
Any small cell wireless communications facility, as defined in EGMC Section 23.26.050, shall require a permit as required by EGMC Table 23.27-1. To the extent provided by EGMC Table 23.27-1, a small cell wireless communications facility use shall be a permitted use if such use is consistent with an agreement between the applicant and the City, approved by the Elk Grove City Council, and such installation and operation of the small cell wireless communications facility or facilities are in conformance with the agreement. To the extent there is a conflict between the provisions of the agreement for a small cell wireless communications facility or facilities and this chapter, the terms of the agreement shall prevail.
(Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.040 Exemptions.
The following wireless communications facilities are exempt from the requirements of this chapter as specified below and are subject to compliance with other provisions of this title:
A.
A wireless communications facility shall be exempt from the provisions of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.
B.
Satellite earth station (SES) antennas which are two (2) meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zoning district. In order to avoid the creation of an attractive public nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.
C.
Parabolic antennas, direct broadcast satellite (DBS) antennas and multipoint distribution service (MDS) antennas which are one (1) meter (3.2808 feet) or less in diameter or diagonal measurement and Television Broadcast Service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right-of-way.
D.
Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards:
1.
Height Limits. In residential zoning districts the height limit is forty-five (45' 0") feet and in nonresidential zoning districts the height limit is sixty (60' 0") feet. However, amateur radio antennas in any district may extend to a maximum height of seventy-five (75' 0") feet; provided, that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation.
2.
Location Parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five (5' 0") feet from interior property lines. If any portion of the antenna overhangs any property line, a design review permit is required to obtain the authorized signature of all affected property owners on the required application form.
3.
Tower Safety. All antennas shall be located within an enclosed fenced area or have a minimum five (5' 0") foot high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight (8' 0") feet.
4.
Minor modifications (emergency or routine), provided there is little or no change in the visual appearance as determined by the Community Development Director.
E.
An emergency standby generator for a macro cell tower site, as defined in Section 65850.75 of the Government Code, shall be exempt from any requirement for a user permit or design review required by this code if it complies with all of the following:
1.
The emergency standby generator is rated below fifty (50) horsepower, complies with applicable air quality regulations, has a double-wall storage tank, not to exceed three hundred (300) gallons, and is mounted on a concrete pad.
2.
The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the City.
3.
The emergency standby generator complies with all applicable State and local laws and regulations, including building and fire safety codes.
4.
The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than two hundred fifty (250 ft3) cubic feet in volume.
5.
The emergency standby generator shall be located not more than one hundred (100' 0") feet from the physical structure of the macro cell tower or base station.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019; Ord. 16-2021 § 4 (Exh. B), eff. 9-10-2021; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)
§ 23.94.050 Development standards.
A.
General Development Standards. Unless otherwise exempt pursuant to EGMC Section 23.94.040, Exemptions, or as otherwise provided in an agreement approved by the Elk Grove City Council pursuant to EGMC Section 23.94.035, Small cell wireless communications facilities, the following general development standards shall apply to all wireless communications facilities:
1.
All wireless communications facilities shall comply with all applicable requirements of the current uniform codes as adopted by the City and shall be consistent with the General Plan and this title, as well as other standards and guidelines adopted by the City.
2.
All wireless communications facilities shall be designed, screened and/or camouflaged from the view of surrounding properties and the public view to the greatest extent possible in one (1) or more of the following ways:
a.
Co-located with existing facilities or structures so as not to create substantial visual, noise, or aesthetic impacts. To facilitate co-location when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable;
b.
Sited within areas with substantial screening by existing vegetation;
c.
Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be unnoticeable (camouflaged facilities); or
d.
Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the wireless communications facility, in the vicinity of the project site, and along access roads, where such vegetation is appropriate and deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the applicant, as long as the permit is in effect.
3.
All wireless communications facilities, including on-site generators, shall be designed, located, and operated to have little to no noise impact on the surrounding area or neighborhood, including interference from adverse noise and aesthetic impacts, and at a minimum shall be subject to the City-adopted noise standards contained in EGMC Chapter 6.32 and the General Plan. Failure to comply with the City’s adopted noise standard after written notice and opportunity to cure have been given shall be grounds for the City to conduct a revocation hearing regarding the permit granted pursuant to this section.
4.
All permit applications for wireless communications facilities shall include a description of services proposed and documentation certifying applicable licenses or other approvals required by the Federal Communications Commission to provide services proposed in connection with the application.
5.
All permit applications for wireless communications facilities shall include a map and narrative description of all telecommunication sites existing, proposed or planned by the applicant in the City and within a one (1) mile radius of the City border. Such applications shall also include an analysis of all reasonable and technically feasible alternative locations and/or facilities (including co-locations) which could provide the proposed communication service.
6.
In a residential zoning district, the following development standards shall apply, unless the applicant can demonstrate with substantial evidence satisfactory to the approving authority that such siting limitation will materially inhibit personal wireless service as to a particular small cell wireless communication facility:
a.
No small cell wireless communication facility shall be placed within five hundred (500' 0") feet of another small cell wireless communications facility.
b.
No small cell wireless communication facility shall be located immediately adjacent to, nor immediately across the street from, a front yard of any residential dwelling.
c.
The cumulative total of all associated equipment from all wireless communications providers, including antennas, for a single facility or property shall not exceed twenty-eight (28 ft3) cubic feet in volume.
7.
At least ten (10' 0") feet of clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.
8.
Development Standards for Antennas (Excluding Amateur Radio Antennas). Unless otherwise exempt pursuant to EGMC Section 23.94.040, Exemptions, the following development standards shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:
a.
Maximum Number. One (1) wireless facility per parcel, unless the applicant can demonstrate the service need for additional antenna.
b.
Antenna Location. Parabolic antenna and satellite earth stations shall be ground-mounted in residential zoning districts. In all nonresidential zoning districts, the preference is for building-mounted antennas. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view of the abutting street rights-of-way (excluding alleys). In all zoning districts, ground-mounted antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function and all portions of the structure/antenna shall be set back a minimum of five (5' 0") feet from any property line.
c.
Height Limit. The height limit for ground-mounted antennas is six (6' 0") feet. However, the height may be increased to a maximum of twelve (12' 0") feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with subsection (A)(8)(d) of this section, Screening. Building-mounted antennas shall not extend above the roofline, parapet wall, or other roof screen or project beyond a maximum of eighteen (18") inches from the face of the building or other support structure.
d.
Screening. Ground-mounted antennas shall be screened with a fence, wall or dense landscaping so that the antenna is not visible from the public right-of-way and to minimize the visual impact on abutting properties. Building-mounted antennas shall be screened as follows:
i.
Wall-mounted equipment shall be flush-mounted and painted or finished to match the building with concealed cables.
ii.
Roof-mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.
e.
Color. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.
B.
Development Standards for Amateur Radio Antennas. As part of a minor design review, amateur radio antennas as defined in EGMC Chapter 23.100 may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures (EGMC Section 23.94.040, Exemptions) only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals. The designated approving authority may issue the design review permit subject to any conditions necessary or appropriate to minimize the safety or aesthetic impacts of antenna installations, provided the conditions do not unreasonably prevent or limit transmission or reception of signals.
C.
Development Standards for Towers. The following development standards shall apply to towers (including co-location facilities) as defined in EGMC Section 23.94.020, Definitions:
1.
Site Design. All facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements, landscape elements, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objective. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way (including public trails).
2.
Safety Design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
3.
Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way or residential property line shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property lines shall be at least equal to twenty (20%) percent of the height of the tower. Existing towers may be allowed to increase the height without requiring the tower to be relocated as part of the conditional use permit approval, provided the overall maximum height of the tower does not exceed the height limit listed in subsection (C)(4) of this section, unless an exception is approved by the designated approving authority.
4.
Height Limit. The height limit for towers shall be as listed in Table 23.94-1 based on the underlying zoning district of the site. Exceptions to the height limit may be granted when the designated approving authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for co-locations on existing structures, provided facilities are screened from view of abutting street rights-of-way or camouflaged by matching the color(s) and/ or material(s) of the structure to which it is attached.
Table 23.94-1 Height Limit for Wireless Towers | |
|---|---|
Zoning District | Height Limit |
AG, AR, RD, PR, PS, O, C-O, RMU, VCMU | 55 ft. |
LC, GC, SC, AC, BP | 65 ft. |
MP, LI, LI/FX, HI | 80 ft. |
5.
Lighting. Towers and related equipment shall be unlit except as provided below:
a.
A manually operated or motion-detector-controlled light above the equipment shed door may be provided, except that the light shall remain off except when personnel are present at night and shall be shielded or directed downward to the greatest extent possible to ensure that light shall not spill over onto abutting properties, especially residential zoning districts or uses; and
b.
Tower lighting required by FAA regulation.
6.
Landscape. Where appropriate, wireless facilities shall be landscaped so as to maintain and enhance the aesthetic quality of the community and generally screen the ground equipment from public view. The perimeter of the facility, as well as any portion of the leasable area directly adjacent to a public right-of-way, a residential use, or a public trail shall be landscaped with trees, foliage, and shrubs. Trees shall be fast-growing evergreen species, twenty-four (24") inch box in size. Shrubs shall be a minimum fifteen (15) gallon size covering a minimum planter area depth of five (5' 0") feet around the facility. Trees and shrubs shall be planted no further apart on center than the mature diameter of the proposed species.
7.
Design/Finish. The tower and related equipment shall have subdued colors and nonreflective materials that blend with the colors and materials of surrounding areas.
8.
Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning or other required seals or signs.
9.
Parking. The off-street parking for wireless communications facilities shall be determined by the designated approving authority in conjunction with required development permits. All required parking shall be provided in accordance with EGMC Chapter 23.58, Parking.
(Ord. 8-2011 § 39(D), eff. 6-24-2011; Ord. 27-2013 § 15, eff. 2-7-2014; Ord. 31-2014 § 3 (Exh. A), eff. 2-13-2015; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019; Ord. 3-2024 § 3, eff. 6-7-2024; Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)
§ 23.94.060 Operation and maintenance standards.
A.
Noise. All wireless communications facilities shall comply with EGMC Chapter 6.32, Noise Control, at all times. Back-up generators shall only be operated during power outages and for testing and maintenance purposes.
B.
Nonionizing Electromagnetic Radiation (NIER) Exposure. No wireless communications facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 8-2011 § 39(E), eff. 6-24-2011; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.070 Removal provisions.
In the event one (1) or more antennas, towers, or related equipment are not operated for the provision of wireless telecommunication services for a continuous period of three (3) months or more, such antenna, tower, and/or related equipment shall be deemed abandoned. The owner of same shall remove all such items within thirty (30) days following the mailing of written notice that removal is required. If two (2) or more providers of wireless telecommunication services use the antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.080 Transfer of operation.
Any carrier/service provider authorized by the City to operate a specific wireless communications facility may assign the operation of the facility to another carrier licensed by the FCC for that radio frequency; provided, that such transfer is made known to the Community Development Director in writing prior to the transfer and all conditions of approval for the subject installation are carried out by the new carrier/service provider. However, the carrier/service provider may, without written notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier/service provider.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 24-2015 § 11 (Exh. I), eff. 2-12-2016; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
§ 23.94.090 Effects of development.
The City shall not be liable if development within the City, after installation of the antenna, impairs antenna reception.
(Ord. 26-2006 § 3, eff. 8-11-2006; Ord. 19-2019 § 3 (Exh. B), eff. 10-11-2019)
