The districts into which the city is divided are designated as follows:

(Ord. 495 § 1, 2005)

The overlay districts established in the city are designated as follows:

(Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

The districts indicated in this chapter are established and the designations, locations, and boundaries thereof are set forth and indicated on the zoning map. This map and all notations, references, data, and other information shown thereon are made a part of this title. (Ord. 495 § 1, 2005)

Changes in zoning district boundaries shall be implemented by ordinances amending the zoning map, thereby becoming a part of this title. (Ord. 495 § 1, 2005)

Wherever possible, zoning district boundaries shall follow property lines, right-of-way lines or street center lines as appropriate, or other mapped or natural boundaries. Where zoning district boundary lines do not follow such features, the city planner shall make such revisions to the zoning map as necessary to make the correction. This authority does not extend to a change of zoning designation on a parcel from one zone to another. (Ord. 495 § 1, 2005)

The chart incorporated into this chapter is to be used in determining what uses are permitted and what uses are permitted only upon approval of a conditional use permit. (Ord. 571 § 3, 2018; Ord. 495 § 1, 2005)

If ambiguity arises concerning the compatibility of a particular use within the meaning and purpose of this title, it shall be the duty of the city planner to interpret this title in light of all pertinent facts. (Ord. 571 § 3, 2018; Ord. 495 § 1, 2005)

The planning commission shall have the authority to determine other uses to be similar in nature to the permitted or conditional uses specified in EMC 17.11.040 when requested by the city planner. (Ord. 571 § 3, 2018; Ord. 495 § 1, 2005)

C – Requires approval of a conditional use permit

P – Permitted (other planning approvals may be required)

T – Temporary use land permit required

N – Entry in a column means that the listed use is not permitted

Special Conditions. The following special conditions apply to the uses indicated by the corresponding number on the above table.

1. Manufactured homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) on a permanent foundation.

2. Residences in Non-R District. Residential uses in any commercial zoning district shall comply with the development regulations applicable in the R-3 district; no residential use is allowed on the ground floor of any commercial building in any non-R district unless the project is approved under the planned development zoning district process.

3. Small family day care homes must meet requirements of the Health and Safety Code Section 1597.45; large family day care homes must meet requirements of Health and Safety Code Section 1597.46.

4. Condominium and townhouse developments can be approved only under the planned development zoning district process in the C-1 and C-M zones.

5. Multifamily residential allowed as a permitted use with a preliminary development plan.

6. Single-family units in the R-3 zoning district are limited to a single-family unit that is: (a) replacing an existing single-family unit on a one-for-one basis; (b) on an existing lot of 6,000 square feet or less; or (c) part of a housing development with the majority of units affordable to extremely low-, very low-, and/or low-income households.

7. Emergency shelters are a permitted use subject to the standards established under Chapter 17.50A EMC.

8. Subject to sign permit approval.

9. Permitted up to 30 days in residential zoning districts.

10. May be approved by the city planner if operating indoors only; if operation of business is proposed outside of building, conditional use permit is required.

11. The business location shall have direct access for commercial vehicles onto a street identified as a designated truck route, in accordance with EMC 10.08.020.

(Ord. 582 § 3, 2020; Ord. 580 § 1 (Exh. A), 2019; Ord. 577 § 5, 2019; Ord. 575 § 3, 2019; Ord. 571 § 3, 2018; Ord. 557 § 1 (Att. A), 2016; Ord. 530 Att. A, 2011; Ord. 527 § 7, 2010)

A. In residential zones, accessory buildings located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and freestanding patio covers are allowed if such accessory buildings:

1. Are not over 15 feet high and are no more than one story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only.

2. Are not in a required front or side yard.

3. Are at least five feet from any other structure located on the same lot.

4. Are at least five feet from any side and 10 feet from any rear property line, except in the R-3 zone where no setback is required by this subsection when the property line is adjacent to any nonresidential zone or nonresidential use. An accessory structure to be used for storage only and not designed for any occupancy (such as a gazebo or workshop) may have a five-foot rear setback.

5. Do not occupy more than 15 percent of the lot, to be calculated exclusive of the required building setbacks. Any accessory structure in excess of 450 square feet requires the approval of the planning commission.

6. When located on a reverse corner lot, do not project beyond the front yard line required on the lot in the rear of such lot.

B. Breezeways may be used to provide shelter between buildings.

C. Accessory structures may have plumbing installed, providing the fixtures may be served by a maximum two-inch diameter building drain. Building drains in excess of two inches in diameter may be approved by the city planner where justification is provided and it can be shown that the structure cannot be used as a residence or for commercial use.

D. Attached accessory structures must meet the setbacks for the primary structure and lot coverage requirements of the zoning district in which the property is located.

E. Detached accessory buildings are subject to the development standards of Chapters 17.13, 17.14, 17.15, and 17.16 EMC, except for small storage/utility buildings, 120 square feet in area or less and nine feet in total height or less, for the purpose of storing incidental household items for property maintenance. See EMC 17.41.120(F).

F. Attached patio covers shall have a 10-foot rear yard setback and shall comply with the existing residential side yard setbacks. The attached patio cover eaves shall not extend into 10-foot setback. Attached patio covers that encroach into the 20-foot rear setback cannot be converted into habitable living space and cannot be used as a balcony.

G. Accessory buildings require a building permit if larger than 120 square feet. (Ord. 573 § 3, 2018; Ord. 547 § 3, 2015; Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

The provisions of this title shall not apply to poles, lines, or other structures or facilities used by irrigation districts or public utility companies for producing, transmitting or distributing utility services and shall not be construed to limit or interfere with the installation, maintenance or operation of public utilities. (Ord. 495 § 1, 2005)

For residential developments on property in a nonresidential district, the development standards in the R-3 zone shall apply. (Ord. 495 § 1, 2005)

A. Any second story portion of a dwelling or balcony, including additions to a dwelling or balcony, shall be subject to site plan review by the city planner. In conducting the site plan review, the city planner shall consider the placement of second story windows, doors, exterior stairways, balconies, decks, etc., in relation to the privacy of surrounding residences, as well as the possibility of interference with neighbors’ solar collectors, satellite antennas and other exterior accessories. Modifications to the design of second stories may be required by the city planner based on the above considerations.

B. In conducting the site plan review, the city planner shall require that:

1. The relationship of the second story windows, doors, exterior stairways, exterior balconies, sun decks, etc., is designed to protect the privacy of the neighbors.

2. The relationship of the building is to be nondetrimental with the neighbor accessories such as, but not limited to, solar collectors and satellite antennas.

3. That decks and balconies on the second story shall have a six-foot privacy wall when necessary to protect the privacy of a neighbor. This subsection shall apply to all dwelling units regardless of when a building permit was issued.

C. A parcel may be exempted from subsection A of this section; provided, that each adjacent residential lot meets at least one of the following criteria:

1. The adjacent residential lots are vacant or contain dwellings which have had a final inspection approved less than five years from the date of the new application.

2. The adjacent residential lot is greater than one acre in size and contains no dwelling units within 40 feet of any lot line abutting the subject lots.

D. The term “adjacent residential lot” as used in this chapter means each lot zoned or used residentially, even if separated by an alley, that abuts the side or rear lot line of the subject lot, including those which touch only at a corner.

E. Any openings in the second story walls facing or viewing a neighbor’s rear yard shall have the view mitigated by the following methods:

1. Obscure, translucent or stained glass or glass block shall be used for glazing unless the opening is to be:

a. A skylight.

b. A clerestory of sufficient height from the floor to restrict or prevent views into adjacent residential lots.

c. Limited to a view of the neighbor’s side yard or front yard.

2. Wall extensions or “wings” shall be provided at glazing facing side yards if a view of the neighbor’s rear yard is afforded. Minimum depth of the “wings” shall be two feet.

3. Stairways, decks and balconies shall have a six-foot high solid wall installed that extends a minimum of two feet beyond the intersecting wall, baluster, etc.

F. Structures that are a minimum of 60 feet to the property line are exempted.

G. Standards.

1. Skylight and clerestory window installations shall be encouraged.

2. The two-foot wings are a minimum. Actual wing depth will be determined by the view blocking angle.

3. Designers will be responsible for the privacy mitigation features with staff performing the compliance review function only. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

Where new residential structures are proposed to be constructed adjacent to existing residences, no two-story structures shall be permitted within 100 feet of the property line of a residence on any adjacent property. Any property on which a new dwelling is to be constructed may be exempted from this provision providing that it meets the following criteria:

A. The adjacent residential lot(s) contain dwellings which have had a final inspection approval less than five years from the date of the new application for building permit on this subject property; or

B. The adjacent residential lots are part of the same subdivision as determined by the city planner. (Ord. 495 § 1, 2005)

A corner lot may be subdivided into two lots of less area than required by the rules of the zoning district in which located only if both attached family units will be used/sold as affordable units, the fronts of the two units do not face the same street, and the original size of the corner lot is at least 8,000 square feet. (Ord. 530 Att. A, 2011)

The purpose of the R-E district is to provide very low density residential areas for single-family development where lot sizes and densities are designed to accommodate large areas of open space for recreational activities compatible with a more rural residential environment. The R-E estate residential district is intended to achieve the following purposes:

A. To reserve appropriately located areas for a more rural family living environment in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;

B. To ensure adequate light, air, privacy and open space for each dwelling unit;

C. To provide space for community facilities needed to complement urban residential areas and for institutions, which require a residential environment;

D. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

E. To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic;

F. To provide necessary space for off-street parking of automobiles;

G. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

H. To protect residential properties from fire, explosion, noxious fumes and other hazards; and

I. To serve in many cases as a transitional use between higher density residential zones and agricultural areas. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.13.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all R-E districts:

A. Minimum lot area: 25,000 square feet.

B. Maximum building coverage: 35 percent.

C. Minimum lot width: 100 feet.

D. Minimum Lot Frontage.

1. Interior lot: 100 feet.

2. Corner lot: 120 feet.

3. Cul-de-sac lot: 50 feet.

E. Maximum height: Two stories, but not exceeding 35 feet in height.

F. Minimum Setbacks.

1. Front: 25 feet.

2. Side: 10 feet on one side and 20 feet on the other side. A corner lot shall have a side yard abutting a street of not less than 20 feet.

3. Rear: 20 feet.

G. Minimum lot depth: 120 feet. (Ord. 495 § 1, 2005)

The R-1 zoning district provides low density residential areas for single-family development where lot sizes and densities are designed to accommodate large areas of open space for recreational activities compatible with a residential environment. The R-1 single-family residential district is intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;

B. To ensure adequate light, air, privacy and open space for each dwelling unit;

C. To provide space for community facilities needed to complement urban residential areas and for institutions, which require a residential environment;

D. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

E. To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic;

F. To provide necessary space for off-street parking of automobiles;

G. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences; and

H. To protect residential properties from fire, explosion, noxious fumes and other hazards. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.14.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all R-1 districts:

A. Minimum lot area: 6,000 square feet for an interior lot and 7,000 for a corner lot, except as provided for in EMC 17.12.060.

B. Density standard: Minimum of two/maximum of six dwelling units per net acre. In a PD, seven to 10 units.

C. Maximum building lot coverage: 65 percent.

D. Minimum lot width: 60 feet.

E. Minimum Lot Frontage.

1. Interior lot: 60 feet.

2. Corner lot: 70 feet.

3. Cul-de-sac lot: 30 feet.

F. Minimum lot depth: 90 feet.

G. Maximum height: Two stories, but not exceeding 35 feet.

H. Minimum Setbacks.

1. Front: 15 feet when a front porch is provided; 20 feet when no porch is provided, and the minimum depth of a front porch shall be six feet and a minimum of 60 square feet. When the garage door is facing the street, the garage shall be set back a minimum of 25 feet from the front property line, and a minimum of five feet back from the closest front wall of the structure to the front property line, or as otherwise approved by the approving authority. The minimum setback from the garage to the front property line shall be 20 feet.

2. Side: Five feet. A corner lot shall have a side yard abutting a street of not less than 15 feet. If the side yard not abutting a street is to be used for driveway purposes, the minimum width shall be 12 feet.

3. Rear: 20 feet. On corner lots, the rear yard for any building shall be not less than 10 feet in depth.

I. Minimum Floor Area.

1. Studio units: 450 square feet.

2. One-bedroom units: 650 square feet.

3. Two-bedroom units: 800 square feet.

4. Three-bedroom units: 900 square feet.

5. Four-bedroom units: 1,000 square feet. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

The R-2 medium density residential district is intended to:

A. Provide appropriately located areas for single-family, two-family, and multiple-family dwelling units consistent with the general plan and with standards of public health and safety established by this code;

B. Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse land use and environmental impacts;

C. Achieve design compatibility through the use of property development regulations;

D. Protect adjoining lower density residential districts from excessive noise or loss of sun, light, quiet, and privacy resulting from proximity to multiple-family dwellings;

E. Provide sites for public and quasi-public land uses needed to compliment residential development or requiring a residential setting; and

F. Ensure the provision of public services and facilities needed to accommodate planned population densities. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.15.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all R-2 districts:

A. Minimum lot area: 6,500 square feet for the first two dwelling units, with 3,000 square feet for each additional dwelling unit. The minimum lot size for a corner lot shall be 7,000 square feet, except as provided in EMC 17.12.060.

B. Density standard: Minimum of 10, maximum of 15 dwelling units per net acre.

C. Maximum building coverage: 65 percent.

D. Minimum lot width: 60 feet at a distance of 20 feet from the front lot line, 70 feet for corner lots.

E. Maximum height: Two stories, but not exceeding 35 feet.

F. Minimum Setbacks.

1. Front: 15 feet when a front porch is provided; 20 feet when no porch is provided, and the minimum depth of a front porch shall be six feet and a minimum of 60 square feet. When the garage door is facing the street, the garage shall be set back a minimum of 25 feet from the front property line, and a minimum of five feet back from the closest front wall of the structure to the front property line, or as otherwise approved by the approving authority. The minimum setback from the garage to the front property line shall be 20 feet.

2. Side: Five feet per story. A corner lot shall have a side yard abutting a street of not less than 15 feet. If the side yard not abutting a street is to be used for driveway purposes, the minimum width shall be 10 feet.

3. Rear: 20 feet. On corner lots, the rear yard for any building shall be not less than 10 feet in depth.

G. Open Space. There shall be a total open space area of 200 square feet for each dwelling unit, usable for outdoor activities. This area is in addition to required yards, is a minimum requirement, shall be composed of private area, community areas or both, and may be in the form of balconies or decks, all as determined by the deciding body. Any areas intended to serve as private open space shall be screened for privacy of the occupant as required by the deciding body.

Specific plans for development of property less than five acres in size may be required at the discretion of the planning director or planning commission. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

One individual secured and protected storage area per unit shall be provided for the purpose of storage of items such as bicycles, barbecues, outdoor equipment, etc. The minimum size shall be six feet high by eight feet wide by five feet deep. (Ord. 495 § 1, 2005)

The R-3 multiple-family residential district is intended to:

A. Provide appropriately located areas for multiple-family dwelling units consistent with the general plan and with standards of public health and safety established by this code;

B. Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse land use and environmental impacts;

C. Achieve design compatibility through the use of property development regulations;

D. Protect adjoining lower density residential districts from excessive noise or loss of sun, light, quiet, and privacy resulting from proximity to multiple-family dwellings;

E. Provide sites for public and quasi-public land uses needed to compliment residential development or requiring a residential setting. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.16.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all R-3 districts:

A. Minimum lot area: 7,500 square feet for the first two dwelling units, with 1,500 square feet for each additional dwelling unit.

B. Density standard: Minimum of 15, maximum of 29 dwelling units per net acre.

C. Maximum building coverage: 70 percent.

D. Minimum lot width: 60 feet at a distance of 20 feet from the front lot line, 70 feet for corner lots.

E. Maximum height: Two stories, but not exceeding 35 feet.

F. Minimum Setbacks.

1. Dwelling groups shall be considered as one building for the purpose of front, side and rear yard requirements.

2. Front: 15 feet when a front porch is provided; 20 feet when no porch is provided, and the minimum depth of a front porch shall be six feet and a minimum of 60 square feet. When the garage door is facing the street, the garage shall be set back a minimum of 25 feet from the front property line, and a minimum of five feet back from the closest front wall of the structure to the front property line, or as otherwise approved by the approving authority. The minimum setback from the garage to the front property line shall be 20 feet.

3. Side: Five feet.

4. Rear: 20 feet. On corner lots, the rear yard for any building shall be not less than 10 feet in depth.

G. Courts. Each single-story dwelling group shall have a minimum court of 30 feet in length and width; two-story dwelling groups shall have a minimum court of 40 feet in length and width. Required courts shall be in addition to yard requirements. Courts may not be occupied by buildings or other structures and shall have an unobstructed opening at least 30 feet in width. Swimming pools may be placed in courts if approved under the site plan approval process.

H. Building Separation. Each dwelling building shall be separated by at least 15 feet.

I. Open Space. There shall be a total open space area of 200 square feet for each dwelling unit, usable for outdoor activities. This area is in addition to required yards, is a minimum requirement, shall be composed of private area, community areas or both, and may be in the form of balconies or decks, all as determined by the deciding body. Any areas intended to serve as private open space shall be screened for privacy of the occupant as required by the deciding body. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

One individual secured and protected storage area per unit shall be provided for the purpose of storage of items such as bicycles, barbecues, outdoor equipment, etc. The minimum size shall be six feet high by eight feet wide by five feet deep. (Ord. 495 § 1, 2005)

This chapter provides general requirements for the development of commercial centers that are compatible in scale with the residential character of the city. (Ord. 495 § 1, 2005)

A. All uses shall be conducted entirely within an enclosed building, except for parking and servicing of automobiles and service to people in automobiles at automobile service stations.

B. Fully enclosed trash storage areas shall be provided at readily accessible locations.

C. A commercial grade, permanent trash receptacle, that matches the surrounding site and is continuously maintained, shall be installed near the front entrance of:

1. New commercial/industrial buildings.

2. Existing commercial/industrial buildings, if not already present, when a building permit is issued with a construction value exceeding $10,000.

D. Landscape plans indicating plant species, location and method of irrigation shall be submitted to the city planner for approval prior to issuance of any permit. Required landscaping shall be installed prior to final inspection and shall be maintained by the property owner.

E. Uses shall be planned, developed and operated in a manner that noise, smoke, dust, odors and waste are minimized to control pollution of air, soil and water.

F. All uses shall be allowed only if served by public water and sewer.

G. Street improvements may be required as a condition of development. Deferred street improvement agreements may be executed by the city council on the advice of the planning commission.

H. Parking Location and Amenities.

1. Front on-site parking, that parking taking place on site between the street and the front building facade, shall not exceed 20 percent of the required on-site parking of a commercial establishment.

2. There shall be at least one shopping cart collection stall for every 30 parking spaces within a commercial parking lot.

I. The color of all commercial buildings is subject to city approval. Color schemes shall tie building elements together, relate separate (free-standing) buildings within the same development, and enhance the architectural form of a building. Facade colors must be subtle, subdued, low-reflectance, neutral or earth tones. Intense, bright, or fluorescent colors are prohibited. Brighter primary colors may be used as accent elements, such as door and window frames and architectural details. (Ord. 589 § 3 (Exh. A), 2022; Ord. 495 § 1, 2005)

A. The use of concrete tilt-up construction techniques providing a smooth exterior concrete finish is prohibited. Sand-blasted concrete exterior finish may only be used if an aggregate of three-fourths inch river rock is utilized in the concrete mix.

B. Exterior finishes shall have a combination of at least two materials such as: clay brick, tile, seamless metal or wood siding or stucco materials. (Ord. 495 § 1, 2005)

A. For every 100 feet of horizontal elevation there shall be at least 60 feet of windows, recessed or projecting at least two feet from the main building front; and 70 feet of arcade features such as reveals, moldings, awnings, and entry canopies.

B. Roofs shall have at least two rooftop elements such as crown molding, tile, or brick and have a least two horizontal planes.

C. All building sides visible from the public right-of-way and residentially zoned properties shall feature at least two horizontal bands of differing building materials as specified above. (Ord. 495 § 1, 2005)

A. There shall be an eight-foot wide sidewalk on all sides of the exterior of a property being developed with new commercial buildings where necessary to facilitate pedestrian access or to provide emergency access. This sidewalk shall be continuous to the entry of the building.

B. Covered landing areas shall be present at all doors. (Ord. 495 § 1, 2005)

A. The deciding body may exempt up to 24 outdoor restaurant seats intended for serving customers from the formula for parking requirements if it makes a finding that such exemption will not create a deficit of parking for that restaurant or any other use in proximity.

B. Open air cafes constructed directly fronting a street shall extend not more than 10 feet from the facade of the main building structure or adjoining a restaurant facility and used exclusively for dining activities. An unencumbered, clear and direct circulation pathway shall be maintained throughout the dining area. Said pathway shall be for public use and shall be a minimum of five feet in width.

C. Outdoor cafes encroaching in required setbacks may be covered only as follows:

1. Construction of cover shall only be a canopy constructed of fire resistant vinyl fabric or canvas as approved by building department staff.

2. The canopy shall only cover the top of the open air cafes, except that transparent vinyl or plastic as approved by the building department staff may be used as a wind break.

3. The canopy column support system shall be constructed of metal, wood or manmade material as approved by building department staff.

4. At no point shall the height of the canopy be lower than eight feet above the floor of the open air cafe.

5. The valance of the awning shall not exceed 12 inches in width.

6. The canopy shall not exceed 800 square feet in size.

7. The owner, tenant and/or agent, if any, shall be jointly and severally responsible for maintaining the canopy system in a neat, safe and orderly condition, replacing it when necessary, and keeping the area free of refuse and debris. (Ord. 495 § 1, 2005)

No building shall be erected or enlarged nor any new construction allowed and no building permit shall be issued on any lot within the city’s general plan, any facility master plan or any specific plan if such lot abuts or includes any planned and necessary public infrastructure improvements within such general, master, or specific plan, unless necessary property has been dedicated and improved for the full extent of such public infrastructure improvements as they border on or are included in such lot, unless such dedication and improvement has been assured. This requirement shall be applicable only when the new construction on the premises exceeds four times the cost of improvements. In cases where new construction on the premises is less than four times the cost of the required improvements, only dedication of land through an irrevocable offer of dedication shall be required. The dedication and improvement necessary shall be determined according to any level of service or alignment shown on the adopted general plan, any facility master plan, or any specific plan. The dedication and improvement shall be at applicant’s expense. Public infrastructure improvements include, but are not limited to, public thoroughfares, storm drainage channels and basins, sewer lines, water lines, or other improvements deemed necessary by the city council. (Ord. 495 § 1, 2005)

Rooftop mechanical equipment shall be utilized whenever practical for all new commercial development. All rooftop mechanical units shall be completely screened from view at street grade by the use of wall parapets. If the use of parapet walls is not feasible to completely screen the mechanical units, then screening structures shall be constructed and painted to match the building’s architectural style and color scheme. (Ord. 495 § 1, 2005)

Christmas tree sales lots, pumpkin sales lots, and similar seasonal sale items are allowed whose sales areas meet the required setbacks and provide at least 10 temporary off-street parking spaces in addition to one space per employee on a maximum shift. Lots shall be limited to two double-faced, on-site signs not exceeding 12 square feet each. Christmas tree lots may not be established prior to November 15th and shall be removed and the property returned to its original condition by January 1st of the following year. (Ord. 495 § 1, 2005)

A. The single store retailing of more than four of the following categories of goods and services: automotive supplies, repair, and tires; toys; housewares; fabric, linen and bedding supplies; home decorations, computer hardware and software; clothing; sporting goods; hardware; books and magazines; video and audio recordings, groceries and foodstuffs, pet supplies; nursery supplies; pharmaceutical goods and services; or prepared foods is prohibited.

B. Nothing in this section shall prohibit the sale of combinations of more than four of the above categories if the sale of these of goods is purely incidental to the primary revenue of the establishment as determined by the planning commission. Examples of such establishments include grocery stores, drug stores, hardware stores and variety stores. Examples of establishments that such sales would not normally be considered incidental to the primary revenue would be discount department or grocery stores and home improvement or garden centers.

C. For any commercial uses exceeding 60,000 square feet of gross floor area, the nontaxable merchandise floor area shall not exceed eight percent of the total gross floor area of the building occupied by the commercial use. (Ord. 495 § 1, 2005)

Outdoor cooking, within the downtown area’s commercial zone district, may be allowed in the public right-of-way or public parking lot if it meets the following criteria:

A. An application and fee for outdoor cooking shall be submitted to the city. This application must be signed by the business and property owners. Proof of insurance must be approved by the city’s risk manager, including: comprehensive general liability insurance, property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000 covering the property and the permitted area on which the outdoor cooking will be located. Policy must be endorsed to add city as an additional insured.

B. The applicant/owner shall indemnify and hold harmless the city, its elected and appointed officials, officers, agents, employees, and representatives from liability for any award, damages, costs, and fees incurred by the city and/or awarded to any plaintiff in an action for damages incurred in connection with activity conducted pursuant to the permit.

C. Meet all ADA requirements as approved by building official.

D. Applicant must submit a copy of a valid and current city of Escalon restaurant business license.

E. Outdoor cooking areas shall be furnished with barriers protecting the public from the outdoor cooking apparatus which shall be approved by the development services department and building official. The cooking area shall be manned at all times.

F. Submittal of Site Plan. This indicates the location, arrangement of the outdoor cooking facility, the location and shows the exterior of the building and type of building materials. No combustible building material, as described in the fire code, within 10 feet of the cooking apparatus. The plan shall show containment and protection for nearest storm drain inlet. The location shall be adjacent to the restaurant and not be in front of another business. Site plan shall be reviewed and approved by planning, building, and fire departments.

G. Site plan and cooking apparatus must comply with the latest approved fire code and receive approval from the fire department.

H. Receive approval from county’s health department.

I. The cooking apparatus shall be removed each day and the right-of-way or parking area shall be clean to the satisfaction of the city.

J. Should any condition(s) not be met, the city has the right to revoke the outdoor cooking permit. (Ord. 548 § 3, 2015)

The neighborhood commercial (C-1) district provides small-scale commercial centers in which certain convenience goods and related services typically used on a daily basis are made available within walking distance of residential neighborhoods, while not competing with services unique to the downtown. Development standards are intended to prevent significant adverse effects on residential uses adjoining a C-1 district. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.18.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

Development standards in the C-1 district shall be as follows:

A. Minimum lot area: 5,000 square feet.

B. Floor area ratio: 0.5.

C. Minimum lot width: 50 feet.

D. Maximum height: 35 feet.

E. Minimum Setbacks.

1. Front: 15 feet.

2. Side: None required.

3. Rear: None required.

4. The following minimum yard requirements apply along those property lines of a lot in the C-1 zone which abut or are across the street or alley from a lot in a residential zone:

a. Front: 20 feet.

b. Side abutting street: 10 feet.

c. Side or rear: 20 feet.

F. Building Mass. The maximum square footage of any one building footprint shall not exceed 20,000 square feet. (Ord. 495 § 1, 2005)

The community commercial (C-2) district is intended to encourage the continuance of a viable and predominantly pedestrian-oriented central business district for the city and, therefore, the zone allows a wide variety of retail, service, entertainment and administrative activities which are necessary to serve a larger trading area than the city itself. (Ord. 495 § 1, 2005)

A. The uses listed in the table in EMC 17.11.040 as permitted uses are allowed.

B. Multifamily residential uses are a permitted use subject to the preliminary development plan requirements identified in EMC 17.24.080 through 17.24.120. (Ord. 527 § 8, 2010)

In addition to the uses authorized by EMC 17.19.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

Development standards in the C-2 district shall be as follows:

A. Building Mass. The maximum square footage of any one building footprint shall not exceed 40,000 square feet.

B. Maximum height: 75 feet.

C. Minimum Setbacks.

1. Front: None required.

2. Side: None required.

3. Rear: None required.

4. The following minimum yard requirements apply along those property lines of a lot in the C-2 zone which abuts or are across the street or alley from a lot in a residential zone:

a. Front: 20 feet.

b. Side abutting street: 10 feet.

c. Side or rear: 20 feet. (Ord. 495 § 1, 2005)

The commercial-industrial (C-M) district provides areas that can accommodate high intensity commercial and light industrial uses that would not be suitable for neighborhood or downtown locations, but that provide both commercial and very light industrial services. Examples of such uses would be those that are automobile related including automobile sales and repair, and light manufacturing or service uses such as a commercial bakery or print shop. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.20.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

Development standards in the C-M district shall be as follows:

A. Building Mass. The maximum square footage of any one building footprint shall not exceed 60,000 square feet.

B. Minimum lot area: 6,500 square feet.

C. Maximum height: 75 feet.

D. Minimum Setbacks.

1. Front: 15 feet.

2. Side: None required.

3. Rear: None required.

4. Side abutting street: 15 feet.

5. The following minimum yard requirements apply along those property lines of a lot in the C-M district which abut or are across the street or alley from a lot in a residential zone:

a. Front: 20 feet.

b. Side abutting street: 10 feet.

c. Side or rear: 20 feet. (Ord. 495 § 1, 2005)

This section provides general requirements for the development of industrial sites. (Ord. 495 § 1, 2005)

The following standards for the storage of hazardous materials are provided:

A. The storage facility shall be required to comply with a fire department hazardous materials storage permit as may be required by that agency.

B. If the facility is a structure, the building materials and color shall be in harmony with the existing buildings on the site.

C. If the facility is not a structure, it shall be screened so as not to be visible from off the site. Screening may be fencing, landscaping or a combination.

D. The facility shall never be located in a required front yard nor in a required side or required rear yard if that yard is adjacent to a street, a residential use or zone, a park or a creek.

E. The facility shall not reduce the number of parking spaces below the minimum requirements as stated in this title.

F. The facility shall be located so as not to involve or endanger other structures or persons.

G. The facility shall be located for ease of transfer to work stations so as not to increase potential risk in the handling and transportation of hazardous materials.

H. The facility shall be removed when it is no longer needed, or if the hazardous materials storage permit is suspended, revoked, or has expired. (Ord. 495 § 1, 2005)

The use of a hazardous materials storage facility is limited to the storage, decanting and dispensing of hazardous materials. No other storage or manufacturing activities are allowed without planning commission approval. (Ord. 495 § 1, 2005)

Loading docks shall be located so that trucks will not use roadways for maneuvering, loading or unloading. (Ord. 495 § 1, 2005)

No vehicle opening of a building shall be closer than 20 feet from a property line towards which the opening faces. (Ord. 495 § 1, 2005)

The M-1 district provides for small scale light industrial, repair and service-oriented activities that provide services primarily to city residents. Examples of proper M-1 activities are construction contracting, equipment repair, laundry and dry-cleaning plants, paint supplies, janitorial services, and towing businesses. Examples of activities which are not proper in the M-1 zone are vehicle sales, heavy industrial activity, medical offices. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.22.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all M-1 districts:

A. Minimum lot area: 8,000 square feet.

B. Minimum lot width: 60 feet at a distance of 20 feet from the front lot line.

C. Maximum height: 50 feet.

D. Minimum Setbacks.

1. Front: 15 feet.

2. Side: None required.

3. Rear: None required.

4. Side abutting street: 10 feet.

5. The following minimum yard requirements apply along those property lines of a lot in the M-1 district which abut or are across the street or alley from a lot in a residential zone:

a. Front: 20 feet.

b. Side abutting street: 10 feet.

c. Side or rear: 20 feet. (Ord. 495 § 1, 2005)

The purpose of the M-2 district is to provide larger sites for large scale light and heavy industrial uses that will not adversely impact the city's sewer or water capacity, and will not have a significant negative impact on the city. Examples of proper M-2 activities are vehicle repair, distribution centers, manufacturing, fabrication, assembly, canning, processing treatment or storage of materials and products and wholesaling. Examples of activities which are not proper in the M-2 zone are vehicle sales and medical offices. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.23.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

The following regulations shall apply in all M-2 districts:

A. Minimum lot area: 50,000 square feet.

B. Minimum lot width: 100 feet at a distance of 20 feet from the front lot line.

C. Maximum height: Six stories or 75 feet.

D. Minimum Setbacks.

1. Front or side abutting street: 20 feet.

2. Side: 10 feet.

3. Rear, when abutting a residential district: 20 feet. (Ord. 495 § 1, 2005)

The purpose of the planned development (PD) district is to promote diversity in the design of and diversification in the relationship of various buildings, structures, uses, and open space by permitting variations from the density, height, and other standards in the various zones; to simplify and streamline the processing of development proposals by concurrently reviewing land use, subdivision, public improvements and design considerations; to encourage a higher standard of performance and design than would otherwise be allowed; design flexibility by using performance standards; to promote mixed use development as a means of optimizing land utilization; to encourage diversity in housing types, styles and prices; and to ensure the provision of adequate public facilities, services and amenities in the design of development projects. (Ord. 495 § 1, 2005)

Compliance with the provisions of this chapter does not relieve the applicant from having to comply with any other applicable ordinance of the city. (Ord. 495 § 1, 2005)

The following are permitted uses:

A. Any use specified in this chapter establishing a specific PD zone;

B. Condominiums, townhouses, community apartment projects and stock cooperatives, whether residential or otherwise. These uses are permitted in the C-1 and C-M zones only with a PD zone;

C. All uses must meet the performance standards established in this title. In the case of a city-initiated PD, subsequent development plans must specify the types of uses anticipated. (Ord. 580 § 1 (Exh. A), 2019; Ord. 495 § 1, 2005)

A conditional use permit shall be required for any and all uses in a PD district that, in the opinion of the city planner, are not in conformance with the approved development plan. Site plan approval by the planning commission shall be required to allow review of location and layout of all proposed uses. (Ord. 495 § 1, 2005)

All applicable PD zones shall be processed as zone boundary changes and PD zones, if adopted, shall become part of the zoning map of the city. The preliminary development plan, performance standards and phasing schedule for a PD zone shall be adopted by and become part of this chapter. (Ord. 495 § 1, 2005)

A. PD zone shall have a minimum lot area of one acre except no minimum lot area in the downtown area. For purposes of this section, the “downtown area” shall mean the properties within the area and on both sides of these district boundary streets: Main Street, Third Street and State Route 120.

B. PD zones may be established in any area of the city so long as they accomplish the purposes of this chapter and are consistent with the general plan and the underlying land use district. Land included within a PD zone is subject to the requirements and restrictions set forth in this chapter in addition to the underlying land use district; provided, however, that in granting a planned development permit pursuant to this chapter, the city may modify regulations (i.e., development standards) set forth in this chapter which would otherwise be applicable to the property. Modification to the allowed density or use of the property as specified in the general plan land use designation or underlying zoning district may be authorized or required in conjunction with the PD permit. However, no density increases can exceed those maximums listed in the general plan unless otherwise allowed by state statute.

C. All new residential projects over one acre (except in the downtown area) shall be required to have PD (planned development) overlay/combining zoning districts, except that multifamily housing, housing that is affordable to lower and moderate income households, and residential projects of 10 units or less shall be exempt from this requirement. (Ord. 557 § 1 (Att. A), 2016; Ord. 552 § 3, 2016; Ord. 551 § 3, 2016; Ord. 495 § 1, 2005)

A. PD districts may be established upon the application of a property owner or upon the initiative of the city council or planning commission in accordance with procedures established for zoning of property in this title.

B. Applications for PD zone classification are submitted to the planning department, including the preliminary development plan and supportive materials as specified in this chapter.

C. Staff shall review the material for completion of submittal requirements and adequacy of project design.

D. The planning commission shall review the application as preliminary development plan at a public hearing, and upon completion of its review forward the matter to the city council.

E. The city council shall be the deciding body of the application and preliminary development plan and the performance standards for the PD zone.

F. As a part of any approvals granted by the deciding body of applications submitted to implement the precise development plan, the deciding body shall make a finding that the application is in substantial compliance and conformance to the preliminary development plan. (Ord. 495 § 1, 2005)

A request for the establishment of a PD district shall be accompanied by the following information, unless the district is initiated by the city, in which case the requirements shall be the responsibility of any subsequent applicant.

A. Scale, north (true) arrow, and title block.

B. Name and address of owner, applicant, project engineer, and project architect.

C. Vicinity map and legal description.

D. Boundary lines and dimensions of the property, with an indication of the surrounding land uses and lot configuration.

E. Location of any creeks, streams, existing trees greater than four inches in diameter, and groupings of trees (other than orchard trees).

F. Existing topographical information at an appropriate scale, and any other unique natural features.

G. Location and dimension of all existing and general location of proposed buildings; vehicle and pedestrian circulation ways, recreational amenities, parking areas, landscaped areas, and any other purposeful uses on the project. If development is to occur in phased construction, such phases shall be identified. If project is to contain detached single-family residential units, precise elevations and plot plans shall be part of the preliminary plan.

H. Types of proposed uses and physical relationship of different land uses and where applicable, proposed densities in residential areas, and range of lot sizes.

I. Calculation of total area and percentage of the total area devoted to building coverage, parking, circulation, and usable open space. An indication of the total number of buildings proposed shall be provided.

J. Schematic drawings and renderings depicting architectural design of buildings and structures proposed.

K. Location and source of all utilities, including water, sewer, storm, and communication.

L. Preliminary subdivision illustrating proposed and possible future lot lines and areas as appropriate.

M. Supplemental written material, to include:

1. A statement of planning objectives to be achieved, and a description of the character of the proposed PD development district.

2. A development scheme, indicating all phasing of construction.

3. A statement of the applicant’s purpose with regard to the sale or lease, and provisions for maintenance of the common area and features.

4. An explanation of commercial and industrial uses.

5. A statement as to what the benefits to the community are from the development and justification for the project.

N. All environmental documentation as required by the California Environmental Quality Act (CEQA).

O. All application materials and development filing fees. (Ord. 495 § 1, 2005)

The procedure for review and approval to establish a PD district for construction of a planned development is as follows:

A. The completed application for a PD zone classification shall be submitted to the planning department, including the development plans, supportive materials, and environmental documentation.

B. The application shall be submitted to and reviewed by the city planner. The city planner shall review all materials for completeness, compliance with applicable requirements, and adequacy of project design and conformance with the purpose of the PD zone.

C. Upon completion of this review and preparation of this chapter with performance standards, the application and preliminary development plan shall be submitted to the planning commission for review at a public hearing.

D. Upon completion of the planning commission hearing, the matter shall be forwarded to the city council as required by applicable codes and ordinances.

E. The city council shall review the matter at public hearing as the deciding body, and may adopt this chapter establishing the PD zone. (Ord. 495 § 1, 2005)

Major modifications to the preliminary development plan must be reviewed and processed as if a new application was being submitted. Minor modifications and corrections that do not change the purpose or overall design of the preliminary development plan may be approved by the city planner. However, the city planner must notify the planning commission and city council of all such modifications or corrections. (Ord. 495 § 1, 2005)

Within one year of the effective date of the ordinance codified in this chapter, the applicant shall have filed with the planning department all necessary applications and supportive materials as required by this chapter to complete the precise development plan. This may include site plan approval, tentative map approval, or other discretionary permits as required by applicable ordinance. Failure to provide required applications within that one-year period without receiving a time extension from the planning commission shall result in a reversion of the pertinent zoning to the previous zoning district. This reversion clause shall not apply to city-initiated rezonings. (Ord. 495 § 1, 2005)

The preliminary development plan for any residential development shall ensure that the provision of housing on-site, affordable to low and moderate income families, is included pursuant to Chapter 17.50 EMC. (Ord. 495 § 1, 2005)

Land zoned PD may not be used in the manner provided in the underlying zone unless the land is subdivided in conformity with the regulations of the applicable zone and EMC Title 16, Subdivisions. No subdivision or site plan application shall be acted upon for real property being considered for PD zoning until such time as the PD zoning has been adopted. (Ord. 495 § 1, 2005)

Where residential development is proposed as part of the PD, the residential portion of the development shall not exceed the density limits established in the general plan except for the provision of affordable housing as described in the State Government Code. (Ord. 495 § 1, 2005)

A. Setback Requirements. Commercial and industrial development is encouraged to use a variety of building setbacks through the development of open plazas, pedestrian malls, outdoor employee areas and other public spaces and uses, with adequate landscaping to help create visual interest.

B. Lot Coverage. Basic lot coverage will be dictated by the parking requirements, as stated in Chapter 17.43 EMC, but in no case shall building coverage exceed 70 percent. (Ord. 495 § 1, 2005)

Each PD zone shall be numbered, the first adopted being shown on the zoning map as PD-1 and each zone subsequently adopted being numbered successively. (Ord. 495 § 1, 2005)

The purpose of the open space (O) district is to preserve and enhance the uses of open space lands as a limited and valuable resource and to implement the open space element of the general plan. This zoning designation shall include all public parks, playgrounds, linear parks or greenways, golf courses and similar uses of a predominantly open nature intended for public use. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.26.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

Development standards in the O district shall be as follows:

A. Building mass: None specified.

B. Minimum lot area: 5,000 square feet.

C. Maximum height: 75 feet.

D. Minimum Setbacks.

1. Front: 20 feet.

2. Side: None required.

3. Rear: None required.

4. Side abutting street: 15 feet. (Ord. 495 § 1, 2005)

The purpose of the public facilities (PF) district is to accommodate a variety of public, nonprofit, and institutional uses that meet health, safety, education and welfare needs. (Ord. 495 § 1, 2005)

The uses listed in the table in EMC 17.11.040 as permitted uses are allowed. (Ord. 495 § 1, 2005)

In addition to the uses authorized by EMC 17.27.020, the uses listed in the table in EMC 17.11.040 as requiring a conditional use permit are allowed if a conditional use permit is issued. (Ord. 495 § 1, 2005)

Development standards in the PF district shall be as follows:

A. Building mass: None specified.

B. Minimum lot area: 6,500 square feet.

C. Maximum height: 75 feet.

D. Minimum Setbacks.

1. Front: 20 feet.

2. Side: None required.

3. Rear: None required.

4. Side abutting street: 15 feet. (Ord. 495 § 1, 2005)