Escalon, CA Zoning Ordinance

[1]

Code reviser's note: Ord. 557 adds these provisions as Chapter 17.51. The chapter has been renumbered to avoid duplication of numbering.

§ 17.41.010 Purpose.

Provisions in this chapter are applicable to all districts unless specifically superseded by the regulations of that district, such as may be found in a PD district.

(Ord. 495 § 1, 2005)

§ 17.41.020 Building site area.

Lots of less than the minimum required area, width, or depth that were of record at the time of the adoption of the city's initial zoning ordinance are subject to the provisions of Chapter 17.46 EMC. On any such parcel, the minimum yard requirements of the zoning district in which it is located still apply unless modified by subsequent site and architecture approval.

(Ord. 495 § 1, 2005)

§ 17.41.022 Corridor/flag lots.

The corridor to a corridor/flag lot shall not be more than 300 feet long nor less than 20 feet wide. The area of the corridor may not be applied toward satisfying the minimum lot area requirement. A corridor may not serve more than one lot. Lot frontage for a corridor lot is an exception to the lot frontage requirements in all zones.

(Ord. 495 § 1, 2005)

§ 17.41.025 Development standards – General.

The following development standards are applicable in all zoning districts:

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.

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.

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

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.

(Ord. 495 § 1, 2005)

§ 17.41.030 Fences, hedges and walls.

In residential zones, walls, fences and hedges within a required front yard, side yard adjacent to a street or alley, or that portion of a required rear yard within 15 feet of a street or alley where adjacent to the side yard shall not exceed a maximum height of three feet. Within required yard areas other than identified above, walls, fences and hedges shall not exceed a maximum height of eight feet. Fences over a height of seven feet require a building permit.

In all other zoning districts, no walls or fencing is permitted within a required front yard, side yard adjacent to a street or alley, or that portion of a required rear yard within 15 feet of a street or alley where adjacent to the side yard except a wall or fence no higher than 30 inches may be constructed to screen parking lots. Within required yard areas other than identified above, walls, fences and hedges shall not exceed a maximum height of eight feet. Fences over a height of seven feet require a building permit.

On those portions of a corner lot within a traffic view area in any zone where fencing is permitted, walls, fences, hedges, or other physical obstructions shall not exceed a maximum of 30 inches above the curb. A traffic view area is the area within a triangular area formed by lines extending 25 feet along the front and side property lines from the intersecting point of the front property line and street side property line, and a diagonal line connecting the two lines.

Where a residential use exists on a lot in a nonresidential zone, the fencing requirements for the R-1 residential zone shall apply. However, the city planner may allow front yard fences up to six feet in height within the front setback where a finding is made that such additional height is required to protect the residential use of the property.

When any property is developed with a commercial, industrial, or other building or which use is adjacent to property zoned residential, an eight-foot-high solid masonry wall shall be required along such side or rear property line. When property is developed with any other nonresidential use that might conflict with the residential use of any adjacent property zoned residential, an eight-foot-high solid masonry wall shall be required along such property lines as required by the deciding body.

Gateways or entryway arbors may be higher than six feet in any zone and shall be an open design but in no case shall a gateway or entryway arbor be higher than eight feet, have a width greater than six feet, or have a depth greater than four feet. No more than one gateway or entry arbor per street frontage is allowed.

Fences, walls, and hedges shall be measured as a single unit if built or planted within three feet of each other in any direction.

At the time of construction on any lot or parcel in all zoning districts except low density residential (R-1), a temporary fence with mesh screening material or wall not less than five feet high shall be installed to enclose the perimeter of the construction area. Temporary fencing is permitted only during active construction and is prohibited at any other time. This subsection is expressly retroactive and shall apply to any temporary fencing existing at the time of its effective date.

Side yard fence height may be graduated from three feet to eight feet as approved by the city planner, except on street side yard of corner lots.

When a property is developed as a mobile home park, a solid masonry wall eight feet high shall be required along the boundaries adjoining other properties. A solid masonry wall, or other screening, as determined by the planning commission, may be required 15 feet from the ultimate property line adjacent to any public or private street.

All walls and fences shall be constructed of appropriate and durable materials, such as wood, wrought iron, tubular steel, concrete, brick, stone, corrugated metals inside a metal or wood frame, or similar materials as determined by the city planner. The city planner's decision may be appealed to the planning commission. Materials of poor quality, such as unfinished plywood, fiberglass, unframed corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited. With the exception of public facilities on city-owned property, the use of chain link fencing material is prohibited within the required front yard area and shall not be visible from the public right-of-way.

For the purposes of this section, fence or wall heights shall be measured from finished grade, then natural grade.

(Ord. 495 § 1, 2005; Ord. 530 Att. A, 2011; Ord. 584 § 3, 2020)

§ 17.41.040 Height limits – Exceptions.

Towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary mechanical appurtenances which are not used for human activity or storage may be higher than the maximum height permitted by the zoning district. Flag poles no higher than 20 feet are permitted in residential zones. Flag poles are permitted without height limitation in all other zones. Television or radio antennas, not exceeding 60 feet in height, are permitted in all zoning districts, however, no antenna shall be permitted in any required front yard area.

(Ord. 495 § 1, 2005)

§ 17.41.050 Home occupations.

Purpose. The purpose of this section is to establish permit requirements for those persons intending to conduct a home occupation and to establish standards for such use. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.

Responsibility for Review and Approval of the Home Occupation Permit. A person or persons conducting or intending to conduct a home occupation shall apply for a home occupation permit from the city planner in accordance with the procedure set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the city planner. When the city planner has determined that a person or persons is required to obtain a home occupation permit for an existing home occupation for which no home occupation permit has previously been issued, all such activity relating to the existing home occupation must cease until such time as a valid home occupation permit is issued by the city planner.

The following rules shall apply to each home occupation:

The home occupation shall be clearly incidental to the use of the structure as a dwelling.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

No home occupation shall be conducted in any garage, carport or accessory building.

There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and the home occupation shall not increase parking demands on the street on which the residential unit is located.

No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television, computer, telephone, fax machine or other receiving devices or electronic or electrical equipment off the premises, or causes fluctuations in line voltage off the premises.

No employees other than residents of the household hosting the home occupation shall be associated with the home occupation.

The nature or type of occupation for which a home occupation permit may be granted shall be listed on such permit.

10.

There shall be no outdoor display or storage.

The following uses shall not be permitted to be home occupations:

Medical, therapy or chiropractic clinics;

Barber or beauty shops;

Pet grooming;

Real estate offices;

Photographic studio except limited developing for sale elsewhere;

Music lessons for classes of four or more;

T.V., audio or appliance repair;

Cabinet shop, furniture manufacturer or upholstery repair;

Automotive repair or maintenance or other automotive services;

10.

Bicycle, lawn mower, small engine or tool repair or maintenance;

11.

Welding;

12.

Adult entertainment facility/business;

13.

Psychic readings, palm readings, or similar uses as determined by the city planner.

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

§ 17.41.060 Large family day care homes.

Repealed by Ord. 572.

(Ord. 495 § 1, 2005)

§ 17.41.065 Lighting.

Where on-site lighting is provided, the following guidelines shall apply:

The location, design, intensity, light hue and shielding of lighting fixtures for new construction shall be subject to approval by the city planner.

Lighting fixtures located on any property in or adjacent to any residential zone shall be arranged and shielded so that the light will not shine directly on land in such residential zone, nor shall the light shine on the public roadway.

The light source shall not be visible from off the property.

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

§ 17.41.070 Manufactured housing units.

Where single-family dwelling is allowed by this title, that unit may be a manufactured housing unit; provided, that the manufactured housing unit meets the following restrictions:

Must have been constructed after July 1, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development.

Must not have been altered in violation of current applicable codes for manufactured housing.

Must be occupied only as a single-family residence.

Must conform to all building setback, off-street parking and other requirements applicable to single-family residences.

Must be attached to a permanent foundation in compliance with all applicable building code regulations.

Must have exterior wall covering of stucco, masonry, wood, shake, brick or similar surfaces and have exterior design schemes similar to surrounding residences, including exterior trim and paint.

Must have roof pitch of not less than a two-inch vertical rise for each 12 inches of horizontal run, with roofing materials of a type customarily used on neighboring residences.

Must have porches, patios, roof eaves and overhangs to ensure compatibility with neighboring residences.

(Ord. 495 § 1, 2005)

§ 17.41.080 Outdoor display of merchandise.

Outdoor display of merchandise is allowed only in nonresidential districts. The following requirements shall apply:

Merchandise shall be displayed only during the normal business hours of the business displaying the merchandise, except for landscaping and plant materials, which may remain outdoors overnight.

Merchandise so displayed must be immediately adjacent to the building the business occupies.

Merchandise so displayed shall not be in any required parking space.

Placement of the merchandise shall not obstruct pedestrian movement and shall allow at least four feet of pedestrian walkway between the display and any other obstruction. The four feet may include adjacent available public right-of-way such as a public sidewalk.

This section governs the display of merchandise on private property only. Display of merchandise on public property is regulated by other ordinances of the city.

(Ord. 495 § 1, 2005)

§ 17.41.090 Outdoor storage.

The area for outdoor storage must be suitably screened from adjoining property and the public right-of-way by a wall, dense evergreen hedge of trees or other screen planting, or by a solid fence not less than six feet high. Materials in nonresidential districts shall not be stored in such a manner as to project above the wall, planting or fence.

(Ord. 495 § 1, 2005)

§ 17.41.100 Private school – Criteria for establishment and operation.

Notwithstanding any other provisions of this title, a conditional use permit may be granted for a private school that meets the following criteria:

Location Standards. No use permit shall be approved for a new private school (institutional) within 300 feet of another private school, as measured from any point upon the outside walls of the existing or proposed structure that will house the students.

Minimum Lot Area Standards. The lot on which a private school (institutional) is located shall contain not less than 800 square feet for each student served by the facility.

Off-street loading and delivery areas shall be provided for each facility that has a capacity to serve 13 or more students.

Additional Conditions. Additional conditions to those set forth in this section may be imposed by the planning commission on the use permit when deemed necessary to protect the public health, safety, and welfare.

(Ord. 495 § 1, 2005)

§ 17.41.110 Public utilities.

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)

§ 17.41.120 Projections allowed into yards.

Except as otherwise provided in this chapter, required yards are to be unobstructed by any building structure or other improvement constructed on, over, or under the ground. No part of a yard required by this title shall be included as part of a yard required for any other lot.

Cornices, eaves, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than 24 inches and may extend or project into a required front or rear yard not more than 30 inches.

Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance not exceeding one-half the width of the required side yard

Decks and patios structurally supported entirely by earth at no higher than finished grade, then natural grade, may extend into a side or rear yard to within one foot of any property line.

Open, unenclosed balconies, not covered by a roof or canopy may project into a front or rear yard up to six feet.

If building permits are not required, small storage/utility buildings 120 square feet or less in floor area and less than nine feet in total height may be allowed in the required rear and side yard setbacks.

Trellises, arbors and gazebos shall be allowed in rear and side yards if more than three feet away from any property line. Swimming pools and spas must be a minimum of three feet to water's edge from the property line.

Private driveways that do not provide necessary access to any other lot shall be permitted within setbacks.

Ramps for access by handicapped persons from grade to a raised ground floor structural entry shall be allowed in setbacks.

Mechanical equipment such as air condition compressors or equipment, swimming pool pumps and filters, and similar items shall not be located in any required front or side yard.

(Ord. 495 § 1, 2005; Ord. 573 § 4, 2018)

§ 17.41.130 Rooftop equipment.

All rooftop mechanical equipment that may be visible from off the site shall be screened so as to minimize the visual impact from off the site, and in a manner that is architecturally compatible with the building on which it serves.

(Ord. 495 § 1, 2005)

§ 17.41.140 Accessory dwelling units.

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Definitions. As used in this section, terms are defined as follows:

"Accessory dwelling unit" or "ADU"

means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities"

means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen"

means a kitchen that includes all of the following:

A cooking facility with appliances.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU"

means a residential unit that satisfies all of the following:

It is no more than 500 square feet in size.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

It includes an efficiency kitchen, as defined in subsection (C)(4) of this section.

"Livable space"

means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

"Living area"

means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11.

"Public transit"

means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12.

"Tandem parking"

means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Approvals. The following approvals apply to ADUs and JADUs under this section:

Building – Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:

Converted on Single-family Lot. One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes;

iv.

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

Limited Detached on Single-Family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies each of the following limitations:

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is 800 square feet or smaller.

iii.

The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.

Converted on Multifamily Lot. One or more ADUs 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 converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii.

The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) of this section.

iii.

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

ADU Permit.

Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the development services manager and approved by the city council by resolution.

Process and Timing.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

ii.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) of this section.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:

Zoning.

An ADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.

An ADU subject to an ADU permit under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

Height.

Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.

For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

Fire Sprinklers.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Septic System. If the ADU or JADU will connect to an on-site wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

Owner Occupancy.

ADUs created under this section on or after January 1, 2020, are not subject to an owner-occupancy requirement.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the development services manager. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

Except as otherwise provided in Government Code Section 66341, the JADU may not be sold separately from the primary dwelling.

The JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the development services manager, providing evidence that the JADU has in fact been eliminated. The development services manager may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the development services manager's determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

The deed restriction is enforceable by the development services manager or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

Rent Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:

With the building permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

Within 90 days after each January 1st following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10.

Building and Safety.

Must Comply With Building Code. Subject to subsection (E)(10)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:

Maximum Size.

The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) of this section or of an FAR, front setback, lot coverage limit, or open space requirement may require the ADU to be less than 800 square feet.

Setbacks.

ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection (F)(1)(c) of this section.

No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 65 percent, subject to subsection (F)(1)(c) of this section.

Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 35 percent, subject to subsection (F)(1)(c) of this section.

Passageway. No passageway, as defined by subsection (C)(9) of this section, is required for an ADU.

Parking.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) of this section.

Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:

The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) of this section.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) of this section.

iv.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

vi.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (F)(6)(b)(v) of this section.

No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

Architectural Requirements.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (E)(2)(d) of this section.

Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) of this section.

Impact Fees.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

Utility Fees.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in subsection (G)(2)(a) of this section, converted ADUs on a single-family lot that are created under subsection (D)(1)(a) of this section are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

Except as described in subsection (G)(2)(a) of this section, all ADUs that are not covered by subsection (G)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii.

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

Unpermitted ADUs and JADUs Constructed Before 2020.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

The ADU or JADU violates applicable building standards; or

ii.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (this section).

Exceptions.

Notwithstanding subsection (H)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

ii.

Subsection (H)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. 495 § 1, 2005; Ord. 577 § 3, 2019; Ord. 583 § 3, 2020; Ord. 591 § 3 (Exh. A), 2023; Ord. 599 § 4 (Exh. A-1), 2025)

§ 17.41.150 Storage of construction equipment.

No person shall store any commercial or construction equipment or materials on any occupied lot or parcel in any zoning district of the city except in the commercial or industrial zoning districts. Equipment or materials being used for construction on the premises where a valid building permit, where required, has been issued or applied for may be stored thereon during construction.

(Ord. 495 § 1, 2005)

§ 17.41.160 Storage on vacant lots.

No person shall store any commercial or construction equipment or materials or store or park any boat, house trailer, camper trailer, detached camper trailer, detached camper trailer top, motor vehicle, or dismantled, inoperative motor vehicle or with no current vehicle license on vacant lots in any zoning district of the city.

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

§ 17.41.170 Street improvements.

Street improvements, such as curb, gutter, sidewalk and drainage facilities, may be required as a condition of development. Deferred street improvement agreements may be executed by the city council if appropriate.

(Ord. 495 § 1, 2005)

§ 17.41.180 Swimming pools.

Swimming pools are allowed in all zones.

No swimming pool shall be located within three feet of a property line, nor in a required front yard, nor in a required side yard along a street.

No mechanical equipment for operating a swimming pool shall be located in a required front yard nor within five feet of a property line when located in a required side yard.

When use of a swimming pool is incidental to the use of the zoning plot on which it is located, no zoning approval is required. Examples of swimming pools incidentally used are pools for private residences, pools for the use of guests at hotels and motels, and pools exclusively for use by employees of a business organization located at the site of the facilities where the employees work.

Every person who owns or possesses any property where there is a swimming pool shall enclose the pool in the manner and as required by the building official.

For purposes of this section, a spa and/or above ground swimming pool are considered as swimming pools and are subject to the requirements contained herein.

(Ord. 495 § 1, 2005; Ord. 573 § 5, 2018)

§ 17.41.190 Temporary construction buildings.

Temporary structures required for the security of or completion of construction projects are permitted, subject that they must be removed within 14 days of the completion of the construction project. Time extensions may be approved by the city planner upon application and justification for such extension.

(Ord. 495 § 1, 2005)

§ 17.41.195 Temporary structures (other than construction buildings).

Mobile homes or other temporary structures may be permitted upon approval by the city planner or planning commission, as detailed in this code. Such approval shall be given only under the following conditions during the period of occupancy:

Adequate parking will be maintained.

Utilities are available as required by ordinance.

Restrooms are available as required by the building department.

The structure will not have a long-term adverse impact on the adjacent neighborhood.

Approval shall be granted for a specific time limit.

Landscaping appropriate to the site and duration of the use is provided.

Temporary fencing is prohibited except as described in EMC § 17.41.030.

Temporary structures, such as pre-fabricated metal or steel structures or carports, are only permitted in residential zoning districts under the following conditions:

Obtain a building permit if the structure is over 120 square feet.

Secure structure to the ground in accordance with the California Building Code.

Structure must be independent and cannot be attached to the dwelling, other structures, or fencing.

Structure and any storm water runoff from the structure cannot cross property lines in accordance with the California Building Code.

Structure cannot have cloth, canvas, or tarp-like material coverings on the top or sides. A cloth or canvas front access covering is allowed if obtained directly from the structure manufacturer.

Location.

Side Yard. Structures placed in the side yard:

Must be located a minimum of 10 feet behind the front wall adjacent to the structure.

ii.

Must be located behind a solid fence or gate at least six feet in height as to be screened from the public right-of-way.

iii.

Have a side yard setback of three feet from the property line and three feet from other structures in accordance with the fire code.

Rear Yard. Structures placed in the rear yard:

Must be located behind a solid fence/gate at least six feet high if visible from the public right-of-way.

ii.

Have a setback of three feet from the side and rear property line and three feet from other structures in accordance with the fire code.

Front Yard. Temporary structures are prohibited from being placed between the front-most wall of the residence and the front property line.

Exception. Dwellings that do not have a garage, adequate side yard space, and adequate backyard space to accommodate a driveway and accessory structure, at the discretion of the city planner, may construct a carport in the front yard area with a building permit under the following requirements:

To maintain harmony in the surrounding neighborhood and produce an attractive structure, structure shall be installed permanently, constructed, and painted out of the same materials as the house to match the dwelling's architectural style and color scheme.

All structures described in this section must be maintained in continuous "like-new" condition, so as not to affect the aesthetics of the neighborhood or become a nuisance.

(Ord. 495 § 1, 2005; Ord. 584 § 4, 2020)

§ 17.41.200 Trash, garbage, and recycling container enclosures.

Enclosures for trash, garbage, and recycling containers shall be required for all new development except for new residential developments consisting of three or fewer dwelling units on a single lot. Such enclosures shall be constructed of solid masonry material at a minimum of six feet in height, fully enclosed on all sides and built according to specifications approved by the city with variations approved by the planning director. All such areas shall have adequate access for collection vehicles. Plans for trash, garbage, and recycling enclosures shall be reviewed by the franchise hauler for recommendations on appropriate size and number of containers for the project. Multiple-family projects of four units or more shall be required to use approved trash containers rather than individual garbage cans. All projects must comply with applicable state laws regarding recycling.

(Ord. 495 § 1, 2005)

§ 17.41.210 Utility stations.

The following special requirements shall apply if the proposed use is a utility service center that includes equipment yard functions:

Screening.

Equipment yard activities shall be screened from all streets and to the extent possible from adjacent uses, and may involve any combination of structures and landscaping acceptable to the city planner.

Notwithstanding subsection (A)(1) of this section, any screening must include a 20-foot setback that is covered with a dense landscaping screen on the side and rear property lines of any utility service center.

Notwithstanding subsection (A)(1) of this section, screening must include the landscaping required by this title if the utility service center is located in an industrial zoning district.

Noise Barrier. Construction of an effective masonry or other high-mass noise barrier at the setback between the equipment yard component of the facility, including access drives, and any adjacent parcels not located within an industrial zoning district.

(Ord. 495 § 1, 2005)

§ 17.42.010 Purpose.

The purpose and intent of these sign regulations include to:

Regulate signs located on private property within the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power.

Implement the city's community design and safety standards as may be set forth in the city's general plan, specific plans and municipal code.

Maintain and enhance the city's small town residential character by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

Serve the city's interest in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage.

Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.

Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.

Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.

Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.

Enable the fair, consistent and efficient enforcement of the sign regulations of the city.

Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

Regulate signs in a manner so as not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the city's building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter.

Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section.

(Ord. 495 § 1, 2005)

§ 17.42.020 Definitions.

In addition to the definitions set forth in Chapter 17.81 EMC, all of which are applicable for the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

"Abandoned sign"

means a sign, including all structural, support and other components on a structure or premises vacant for a period of 90 days; a sign pertaining to any occupant or business different from the present occupant or business; a sign pertaining to a past event or an illuminated sign not capable of being illuminated due to its state of repair.

"Attraction board"

means a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

"Billboard"

means an on-premises or off-premises freestanding sign that exceeds the size limitations of a freestanding or wall sign.

"Bulletin board"

means a sign located on the same premises and used solely in connection with activities of a church, school, hospital, public building or similar use; and allowing changeable messages.

"Business frontage"

means that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one business frontage with a customer entrance, the property owner must designate one of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same zoning plot as the business frontage.

"Canopy sign"

means a sign attached to or hung from a canopy but not projecting from the face of the canopy.

"Commercial message"

means any sign content with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

"Comprehensive sign program"

means a general plan for signage, as approved by the city, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.

"Construction sign"

means a sign located on the premises of a construction site which identifies the names of architects, engineers, contractors and subcontractors and financing agencies.

"Height"

means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

"Marquee"

means a fixed overhead shelter used as a roof, which may or may not be attached to a building, and which projects into or overhangs a public street or alley right-of-way.

"Noncommercial message"

means any sign content or signage which is not determined to be a commercial message, as defined in this chapter.

"Nonconforming sign"

means any advertising structure or sign which was lawfully erected and maintained prior to the adoption of these regulations, and is subject to these regulations but does not comply completely.

"Sign"

means any device, fixture, placard, structure or element created, adapted, or installed by a person for the primary and apparent purpose of conveying a visible advertising message or which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is located out of doors or in a place where it is visible from out of doors and is to be viewed from any public street, road, highway, right-of-way or parking area, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building creates a primary effect of advertising. The following are not to be counted as signs or included in sign area:

Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in an unusual manner as determined by the city planner might constitute a sign.

A structural element of a building or the supports, standards, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services.

Any public or legal notice required by a court or public agency.

Time and temperature devices.

Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle.

Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

Traffic, directional emergency, warning or informational signs required or authorized by a government agency having jurisdiction.

Permanent memorial or historical signs, plaques or markers.

Public utility signs.

10.

News racks.

"Sign, directional"

means a sign not bearing any advertising message and readable from a street right-of-way which is used to direct and control pedestrian or vehicular traffic.

"Sign, directional off-site"

means a sign, located on one parcel, advertising and/or directing traffic to a business located on a different parcel within the city.

"Sign, directional on-site"

means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.

"Sign, freestanding"

means a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

"Sign, ground"

means a freestanding sign less than seven feet high.

"Sign, identification"

means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.

"Sign, illuminated"

means a sign having its own immediate source of internal or external lighting.

"Internally illuminated sign"

means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.

"Externally illuminated sign"

means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign.

"Sign, nonconforming"

means a sign which does not conform to the provisions of this chapter but which lawfully existed and was maintained prior to the adoption of this chapter.

"Sign, open house"

means an off-site portable sign directing prospective purchasers to the location of a single-family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.

"Sign, permanent"

means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and is a permanent manner affixed to the ground, wall or building.

"Sign, portable"

means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners.

"Sign, real estate"

means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.

"Sign, special event"

means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations.

"Sign, subdivision"

means a temporary sign advertising a subdivision and providing travel directions to single-family dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of a single-family dwelling within the subdivision.

"Sign, temporary"

means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time.

"Sign, wall"

means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such a building or structure.

"Sign, window"

means a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.

(Ord. 495 § 1, 2005)

§ 17.42.030 Prohibited signs.

The following signs are prohibited:

Reflective, flashing, revolving or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature (except barber poles).

Portable signs (including A-frame signs) that are located so as to restrict the path of travel for vehicles, pedestrians and handicapped persons as required by current law.

Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention-getting devices, with the exception of the following:

National, state and local governmental flags properly displayed upon flagpoles.

Holiday decorations, in season.

One corporate flag displayed upon a single flagpole.

Grand opening and special event displays which comply with the regulations of this chapter.

One decorative flag per residence.

For purposes of this title, items displayed under subsections (C)(1) through (5) of this section are not considered signs.

Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business.

Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices.

Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.

Signs that obstruct any door, window, fire escape or other emergency exit of any building.

Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of-way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.

Billboards.

Abandoned signs.

Temporary signs except as provided for in this chapter.

Home occupations.

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

§ 17.42.040 General regulations regarding signs.

Compliance with Section. No sign shall be erected, installed, altered, or maintained in any zoning district in the city, including public and private streets therein, except in conformity with provisions of this chapter, including obtaining a sign permit where required pursuant to this chapter, unless such sign is exempted under the provisions listed in this chapter.

Owner's Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the city.

Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial speech messages are deemed to be "on-site," regardless of location.

Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, location and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection shall prevail.

Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign.

(Ord. 495 § 1, 2005)

§ 17.42.050 Signs not requiring a sign permit.

The following signs may be erected in any zone, do not require a sign permit, nor will the area of such signs be included in the maximum area of signs permitted; provided, however, that each such sign shall comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the city's building or electrical codes.

One national, state and local governmental flag properly displayed upon a single flagpole pursuant to the requirements of EMC § 17.41.040.

Holiday decorations, in season.

One flag or pennant, not exceeding 24 square feet, not containing a commercial message and hung from a pole attached to a residence.

Temporary noncommercial signs under five square feet in size.

Open house signs that comply with the requirements of this chapter.

Hand-held signs.

One real estate sign, not exceeding six square feet in area if located in a residentially zoned district, and not exceeding 12 square feet in area if located in any other zoning district. The sign may be freestanding, but in such event shall not exceed four feet in height.

One bulletin board, not exceeding 20 square feet in area and not more than 10 feet in height, on the site of a school or religious institution.

Official traffic, fire, and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the city or any other public authority to be erected, installed or maintained.

Notices required to be posted by law.

Signs in the interior of a building, enclosed by a lobby or court, not visible from the outside and signs not visible from off the premises.

No trespassing signs, parking restriction signs and no dumping signs not exceeding three square feet in area.

Window signs not exceeding 50 percent of the window area of any window. Window signs shall not cover areas where visibility is required from outside the store such as cash handling or storage areas or similar areas where public safety is a factor. Business establishments which are open before 6:00 a.m. or after 10:00 p.m. are not allowed to have any window signs that would restrict visibility of any cash register or cash handling areas from outside the building.

Recycling and vending facility signs.

On-site directional signs upon a single site.

Street address signs.

(Ord. 495 § 1, 2005)

§ 17.42.060 Administration.

The purpose of a sign permit is to help ensure compliance with the provisions of this title and chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.

General Sign Permit Application Process. Where specifically required by this chapter, the application for a sign permit must be made in writing on the form provided by the planning department and accompanied by the required fee established by city council resolution. The application must contain the following information and items:

A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. A photograph clearly showing the proposed location on an existing elevation of a building is recommended.

A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises.

The number, size, type and location of all existing signs on the same building, site or premises.

Proof of the consent of the property owner or other person in control or possession of the property.

With respect to any proposed sign that constitutes an "advertising display" as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within 660 feet from the edge of the right-of-way of any primary highway and the copy of which shall be visible from such primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et seq.).

Processing Applications.

The city planner shall determine whether the application contains all the information and items required by the provisions of this chapter. If the city planner determines that the application is not complete, the applicant must be notified in person or in writing that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. Following the receipt of an amended application or supplemental information, the city planner must again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification is to occur as provided above until such time as the application is found to be complete (the "application date"). All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.

No sign permit application will be accepted if:

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application;

There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) that has not been cured at the time of the application;

The sign permit application is substantially the same as an application previously denied, unless (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; or

The applicant has not obtained any applicable use permit.

Sign Review – Standard Signage. After receiving a complete sign permit application, the city planner shall review the application and render a written decision to approve or deny the application within 30 business days of the application date. The city planner's determination is to be guided solely by the standards and criteria set forth in this chapter. The application shall be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. An application may be granted either in whole or in part when more than one sign or location is proposed by the applicant. When an application is denied in whole or in part, the city planner's written notice of determination must specify the grounds for such denial.

Sign Review – Enhanced Signage.

In addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi-tenant buildings, and other structures, or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large, or have poor street visibility, may after payment of sign application fees apply for the approval of signage not otherwise permitted under this chapter or which exceeds the standard regulations for signs set forth elsewhere in this chapter as follows:

Increase in wall sign letter height up to an additional eight inches.

Increase in number of lines of text in a wall sign to two or more; provided, that the overall square footage does not exceed one and one-half square feet per linear foot of frontage.

Increase in ground sign area up to a maximum of 40 square feet per face and 80 square feet total for centers larger than three acres, with more than one 1,100 feet of street frontage.

Increase in ground sign height to eight feet in commercial centers containing five or more tenants, or in larger commercial centers where visibility constraints justify monument signage as opposed to pylon signage.

Increase in ground sign area, for larger centers or where visibility constraints justify monument signage as opposed to pylon signage.

Increase total wall sign area up to 20 square feet for second-floor businesses facing a street or highway.

Findings. Following the procedure set forth in subsection D of this section, the planning commission may approve an application that seeks enhanced signage if, on the basis of the application and evidence submitted, the planning commission finds that the conditions applicable to the property involved, including size, shape, topography, structure setback, location, or surroundings do not generally apply to the surrounding properties in the same zone. In addition, the planning commission must find that all proposed enhanced signage:

Complies with all applicable design guidelines;

Would not interfere with pedestrian or vehicular safety;

Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property;

Would not detract from the pedestrian quality of the street or area;

Would not add to or create an over-proliferation of signs on a particular property;

Would enhance the overall development, be in harmony with, and relate visually to other signs on site, to the structures or developments they identify, and to surrounding development.

Time Limit. Signs authorized by a permit issued pursuant to this chapter must be erected within one year of the issuance of the permit, otherwise such approval shall be null and void.

Revocation of a Sign Permit. The deciding body shall revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter and of the sign approval after written notice of noncompliance and at least 15 days' opportunity to correct the deficiency.

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

§ 17.42.070 General location, height and area standards.

Location Standards.

Except as specifically provided in this chapter, no sign or portion of a sign shall be located upon or project over a public right-of-way.

Sign Projection. No sign shall extend above the ridgeline of a building, nor project more than 30 inches from the outside wall of a building, or more than 12 inches over any street or alley. The projection is measured on a line perpendicular to the wall. All projecting signs that project over a walkway or public right-of-way shall have a clearance of nine feet above grade, except signs suspended from a marquee.

Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.

Sign Height. Sign height shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within 10 feet of a street property line. When a sign is set back from a property line more than 10 feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign.

Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:

Superficial ornamentation or symbol-type appendages of a nonmessage-bearing character which do not exceed five percent of the surface area shall be exempted from computation.

Where a sign consists of letters or symbols on a wall, the wall is not designed so that one of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall, a six-inch margin shall be established around all of the words of not more than eight straight lines and symbols for the purposes of measurement.

Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning shall be considered one sign and the intervening areas between signs included in any computation of surface area.

Logos and graphics shall be included as part of the calculation of sign area.

Multiple Uses on Same Site. Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this chapter. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site.

Reduction of Sign Area. The regulations concerning sign area, as set forth in this chapter, represent the maximum size that may be permitted but do not confer upon any person the right to erect, install, or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in this chapter.

(Ord. 495 § 1, 2005)

§ 17.42.080 Design, material, construction and maintenance standards.

Each permanent approved sign shall comply with the following standards:

Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign, and in harmony with the structures and other improvements on the property or in the vicinity/neighborhood. Such materials may include, but are not limited to: ceramic tile, sandblasted, hand carved or routed wood, channel lettering, concrete, stucco or stone monuments signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

Relationship to Buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.

Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements:

Type of construction materials;

Sign/letter color and style of copy;

Method used for supporting sign (i.e., wall or ground base);

Sign cabinet or other configuration of sign area;

Illumination;

Location.

Site Restriction. All signs shall be located on the same site as the use they identify or advertise, except off-site directional signs, temporary subdivision signs, public interest signs, open house signs, and temporary political signs all as described in this chapter.

Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. No portion of the surface of any illuminated sign or any visible lamp illuminating a sign shall have a brightness exceeding 150-foot lamberts. Illuminated signs with a brightness more than 30-foot lamberts shall not be erected nearer than 50 feet from any point in a residential district or from a property containing a residential use unless the face of the sign is not visible from the residential district or property.

Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code.

Size of Letters. Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than 18 inches in any dimension.

Backs and Supports. The backs and supports of all signs shall be subdued.

Roof Signs. Roof signs must:

Be erected only on a roof whose pitch is at least one vertical to four horizontal.

Have a face no more than two feet measured vertically.

Be located so the face is parallel to the eave in front of the sign.

Be set no more than eight inches above the roof.

Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet above the eave in front of the sign.

Signs Suspended From a Marquee. All signs suspended from a single marquee shall be uniform in size, shape, placement, and background color. Such signs shall have a clearance of at least eight feet above grade.

Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered.

Restoration of Building or Property. Within 30 days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding or ground sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

(Ord. 495 § 1, 2005)

§ 17.42.090 Street address signs.

Every parcel of land having a structure situated on it shall have a street address sign located on the structure or, in the case of a parcel having more than one structure, shall have the street address located on the structure closest to the street. Street address signs must be visible from the street frontage of the parcel.

For residential uses, letters and/or numbers must be a minimum of four inches high on a low-voltage, backlit background. Total address signage on any one structure cannot exceed three square feet. In the case of new construction, remodel or repair that causes the address sign to be removed, the new address numerals/letters shall be of a high contrasting color to the background of the sign, be backlit, be visible from the street, and located as near the front entrance as practical.

For nonresidential uses, letters and/or numbers must be a minimum of eight inches high and affixed to the upper parapet wall of the building or similar location if a parapet location is not feasible. Total address signage on any one structure should not exceed four square feet.

All street address signs shall be lit in a manner as approved by the city planner so that the address is visible from the street.

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

§ 17.42.100 Zone regulations – All zones.

This section specifies the signs which may be erected in any zone. Except where this section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones.

The following signs require approval of a sign permit by the city planner:

An identification sign, not exceeding 24 square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be freestanding.

A permanent sign, not exceeding 24 square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision.

Temporary subdivision and construction signs, subject to the regulations prescribed in this chapter.

Temporary noncommercial signs over five square feet in area and subject to the regulations prescribed in this chapter.

One identification sign per street frontage, not exceeding 18 square feet in area and six feet in height, on the site of a multifamily dwelling.

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

§ 17.42.110 Zone regulations – Residential zones.

In residential zones, the following signs may be erected without permit:

One unlighted "for sale" or "for rent" sign per site and on corner lots one such sign per street frontage, not exceeding six square feet per sign and not exceeding four feet in height.

One construction sign not exceeding 20 square feet in area and six feet in height.

(Ord. 495 § 1, 2005)

§ 17.42.120 Zone regulations – Nonresidential zones.

Signs Allowed by Zone. The rules for nonresidential zones are specified in this section, and by number in the following list, table and footnotes. Rules 1 and 2 of this section govern the calculation of the area of attached signs for each entity. Rules 3 through 9 of this section govern the calculation of the total area of all signs for each zoning plot. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed 25 percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zone and if the wall faces that zone.

Rule 1. Allowed sign area is one square foot for each lineal foot of primary business frontage plus one square foot for each lineal foot of secondary business frontage; provided, that the sign area generated by each secondary business frontage cannot exceed 50 percent of the sign area generated by the primary business frontage.

Rule 2. Allowed sign area is one square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage.

Rule 3. The total area of all signs on a zoning plot shall not exceed one square foot of sign area for each lineal foot of lot frontage.

Rule 4. For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the zoning plot.

Rule 5. The total area of all signs on a zoning plot is limited to the area derived from the business frontage calculation.

Rule 6. For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plot.

Rule 7. For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the zoning plot.

Rule 8. The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a zoning plot.

Rule 9. On-site directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be freestanding.

Table of Sign Regulations for Commercial and Industrial Zones
	C-1	C-2	CM	M-1	M-2
ATTACHED SIGNS
Wall	X	X	X	X	X
Roof	X	X	X
Projecting	X	X	X
Suspended from marquee (Limited to one per entity)	X	X	X
Formulas for area calculations	Rule 1	Rule 2	Rule 1	Rule 1	Rule 1
TIME AND TEMPERATURE SIGNS (Limited to one per zoning plot)
Area per face (sq. ft.)	12	12	12
Total area (sq. ft.)	24	24	24
GROUND SIGNS (Limited to one per zoning plot except as noted)
Area per face (sq. ft.)	16	20	20	20	20
Total area (sq. ft.)	40	40	40	40	40
FREESTANDING SIGNS (Limited to one per zoning plot except as noted)
Area per face (sq. ft.)		Shopping Centers Only 50	125
Total area (sq. ft.)		100	250
Height (ft.)		20	25
ATTRACTION BOARDS	X	X	X
Rules for calculating total sign area of zoning plot	Rules 5, 6, 7, 8	Rules 5, 6, 8, 9	Rules 3, 4, 5, 8, 9	Rule 3	Rule 4

Notes:
A. Commercial centers may have a ground sign in addition to a freestanding sign if the commercial center has more than one lot frontage.
B. Zoning plots which exceed one acre and have more than one lot frontage may have an additional freestanding sign.
C. Zoning plots which have a lot frontage exceeding 300 feet may have a ground sign for each 300 feet of frontage or fraction thereof.
D. The area of time and temperature signs is not restricted by any rule limiting total sign area.
E. Ground signs may be used as tenant directories.

Signs Allowed in Any Nonresidential Zone. The following signs are allowed in any nonresidential zone and do not need an approved sign permit:

An unlighted real estate sign, not exceeding 24 square feet in area. The sign may be freestanding, but in such event shall not exceed seven feet in height, as measured from the top of the curb line, or the pavement surface where no curb exists, of the nearest street adjacent to the sign.

Gasoline price signs, subject to the regulations prescribed in EMC § 17.42.190.

Off-site directional signs, subject to the regulations prescribed above.

Special event signs or banners, as follows:

Size. The maximum size of a temporary sign or banner is 20 square feet.

Location. Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

Duration. Temporary signs or banners may be displayed for a maximum of 45 days within a six-month period and are removed within two days after each such event.

Temporary grand opening signs or banners, not exceeding 20 square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than 30 days.

(Ord. 495 § 1, 2005)

§ 17.42.130 Off-site directional signs.

A sign permit is required for all off-site directional signs, including subdivision signs. Such signs may not exceed 72 square feet in area or eight feet in height. Off-site directional signs shall be architecturally designed to complement their surroundings and reduce any potential negative visual impact that may result from erection of the signs to the greatest extent feasible.

(Ord. 495 § 1, 2005)

§ 17.42.140 Subdivision signs.

Freestanding subdivision signs shall be permitted, provided they conform to the following regulations:

On-Tract Signs. One sign, not exceeding 24 square feet in area, advertising a subdivision may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision.

Model Home Signs. One sign, not exceeding six square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision.

Off-Tract Model Home Directional Signs. Not more than two directional signs, each facing a different direction and each not exceeding six square feet in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision.

Issuance, Duration, and Renewal of Sign Permit. A sign permit for subdivision signs may be issued by the city planner at any time after recordation of the final subdivision map, and shall expire 30 days after the sale of the last lot or structure is completed.

(Ord. 495 § 1, 2005)

§ 17.42.150 Temporary construction signs.

A temporary construction sign may be permitted in any district so long as it conforms to the following regulations:

The sign shall be located on the same site as the construction project. A freestanding sign may be permitted.

No more than one sign having an area not exceeding 15 square feet may be erected or displayed on the site. Where the development consists of a residential subdivision where a temporary construction sign is permitted, then one construction sign shall be permitted.

The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question, or in the case of a subdivision, approval of the final subdivision map. The sign permit shall expire 30 days after completion of construction and the sign shall be removed.

The sign may be constructed of wood or other more lasting material.

(Ord. 495 § 1, 2005)

§ 17.42.160 Public interest signs.

Both on-site and off-site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi-public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the planning commission, are points of general public interest.

This section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the city, and the total area of the sign structure shall not exceed 50 square feet.

(Ord. 495 § 1, 2005)

§ 17.42.170 Open house signs in residential districts.

Unlighted open house signs are permitted in any zoning district, subject to the following restrictions:

There shall be no more than one open house sign oriented in the same direction at any intersection.

The open house sign shall not exceed four square feet of area and four feet in height, and shall be fixed to a single pole of wood or metal material, or shall be an "A" frame, freestanding sign.

No open house signs shall be located in medians.

No open house sign shall be placed upon any public property; provided, however, where the public right-of-way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in EMC § 17.42.030.

No open house sign shall include balloons, ribbons, streamers, or other accessories.

No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property.

Information shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address, and telephone number of the sign owner.

The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6:00 p.m., November 1st through March 31st; and 8:00 p.m., April 1st through October 31st. Open house signs shall not be placed earlier than 6:00 a.m.

If any open house sign is found to violate any of the restrictions contained in this section, such sign may be summarily removed by the public works director or his representative, or any city employee authorized by the city manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of $50.00 for each sign so removed. A written notice of the removal shall be given to the sign owner stating that the sign may be reclaimed within 10 days and will be returned to the owner upon payment of the fine specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the public works director. Unclaimed signs may be sold to real estate companies, their employees, independents, or affiliates, at a price determined by the city planner.

(Ord. 495 § 1, 2005)

§ 17.42.180 Temporary noncommercial signs.

Sign Restrictions. A temporary noncommercial sign may be erected only in accordance with the following restrictions:

No temporary noncommercial sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected.

No temporary noncommercial sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner of place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.

No temporary noncommercial sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure.

No temporary noncommercial sign may be erected within or upon the right-of-way of any public highway or public street.

No temporary noncommercial sign may exceed an area of five square feet.

No temporary noncommercial sign may be erected having bracing or backing material thicker than one-half inch, except for support for posts firmly planted in the ground.

Removal. A temporary noncommercial sign shall be completely removed not later than five days after the date of the election to which it relates.

(Ord. 495 § 1, 2005)

§ 17.42.190 Gasoline price signs.

Gasoline and other fuel price signs shall be limited in number, size and location to the minimums as required under Sections 13531(a) and 13532 of the State Business and Professions Code.

(Ord. 495 § 1, 2005)

§ 17.42.200 Comprehensive signage program.

A comprehensive signage program shall be prepared and submitted in conjunction with each use permit or site plan application for a shopping center, business park, or other similar collection of related structures on a single site. The program submitted shall address all signs to be used. The comprehensive signage program shall conform to all provisions of this section. For all signs, the size, placements, materials, colors, illumination, and other design characteristics not specified in this section shall be determined at time of approval of the comprehensive signage program by the city planner. The comprehensive signage program shall contain the following:

A site plan and building elevations identifying the location of all signs.

Design drawings for each sign or type of sign, specifying the dimensions, materials, type of construction, illumination, size of sign copy, and details necessary to determine the appropriateness of the signage.

Once a comprehensive signage program is approved, all signs in that center, complex, or project shall conform to the program.

Specific dimensional limitations specified in this chapter may be waived upon determination by the city planner that the submitted sign(s) meet the purpose of this chapter and result in both a functionally and aesthetically superior design.

(Ord. 495 § 1, 2005)

§ 17.42.210 Nonconforming signs.

Modifications. The following modifications to nonconforming signs are allowed:

Changes in sign copy.

Modifications that reduce the extent to which the sign does not comply with this chapter.

Record of Nonconforming Signs. The city planner shall prepare a list of all signs in the city which are nonconforming signs.

Mailing of Notices. The city planner shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:

A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.

A statement that the sign is a nonconforming sign.

The applicable date for removal of the sign.

Information concerning more than one sign, and information concerning separate amortization dates for different characteristics of one or more single signs, separately stated, may be included in a single notice. If the city planner subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the city planner shall promptly mail a notice in the manner described above to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of and is effective to start the time period provided in this chapter.

Effect of Mailing of Notices. Notice mailed as provided in this chapter to the property owners and tenants is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title, or interest therein. The mailing of notices is intended as a convenience to sign owners. However, failure to give notice shall not invalidate any proceeding to enforce this chapter to abate any sign or to punish any sign violation.

Duration of Nonconforming Signs. A sign that becomes nonconforming shall be a nonconforming sign for five years and then must be removed. Billboards that become nonconforming shall be nonconforming for 15 years and then must be removed.

Notification and Other Procedures Concerning Subsequent Nonconforming Signs. Within six months of the date when a sign becomes a nonconforming sign, the city planner shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection D of this section and such notices shall have the same effect as the notices provided for other nonconforming signs.

Removal of Unlawful Signs. Any sign erected or maintained contrary to the provisions of this chapter or any other ordinance of the city, including unlawfully erected signs and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign and shall be removed.

Abandoned Signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one year, the owner shall remove the sign and any appurtenant structures.

Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after 10 days' written notice by the city planner, or duly appointed deputy, to so maintain such signs, the city planner shall have the sign removed at the owner's expense.

As an incentive for an applicant or property owner to remove a nonconforming sign, the city planner may waive the sign application fee for a replacement sign.

The abatement of unlawful or abandoned sign violations shall be in accordance with the city abatement ordinance in the Escalon Municipal Code.

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

§ 17.42.220 Violations – Removal of illegal signs on public property.

Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.

The city planner or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.

The city planner shall promptly thereafter give notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner.

Any unlawful sign removed by the city planner pursuant to this chapter shall be retained by him/her for a period of at least 10 days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of $50.00, whichever is greater. Any person desiring to contest such payment may request a hearing before the city manager, who is authorized to waive the payment if he/she determines that the sign did not violate any provisions of this chapter. The decision of the city manager shall be final.

Any sign not retrieved within the 10-day period specified in this chapter shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the city planner. The city shall have the right to recover from the owner of such sign all removal and disposal costs.

The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under the Escalon Municipal Code by reason of the same violation.

(Ord. 495 § 1, 2005)

§ 17.43.010 General requirements.

Purpose. This chapter regulates the number and standards for off-street parking spaces required by this chapter and the number of off-street parking spaces in order to reduce street and traffic congestion and to provide safely and attractively designed parking facilities that are compatible with the surrounding land uses.

Use of Land and Buildings. No use of land shall be commenced, no building or structure shall hereafter be erected, constructed or moved within or onto any lot or parcel of land for any use or purpose, and no existing land or building use other than a lawful nonconforming use as to the requirements of this chapter shall continue unless off-street parking spaces are provided and maintained in accordance with the requirements of this chapter are shown on the plans and application submitted for such permit, and no final inspection or authorization for utility service shall be given until the requirements of this chapter for the use requested have been met.

Authorization of Buildings or Uses. No building or use that is lawful nonconforming use as to the requirements of this chapter shall be expanded through an increase in the number of living units or gross floor area, or modified or changed through an increase in seating capacity, number of persons employed or otherwise, unless the number of additional off-street parking spaces necessitated by such remodeling, expansion, modification or change under the provisions of this chapter are provided.

Fractions. If the number of required off-street parking spaces contains a fraction, such number shall be changed to the nearest higher whole number.

Mixed Uses. When mixed uses are located on the same lot or parcel, or within the same building, the sum total of the required parking for the individual use shall apply, except as otherwise provided for in this chapter.

Spaces for One Use Only. An off-street parking space for one use shall not be considered to provide a required off-street parking space for any other use, except in the case of an alternating use approved by the deciding body as hereinafter provided.

Commercial Operation of Parking Spaces. All privately owned off-street parking spaces required to be provided by this chapter, or required by any administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot that contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefit the lots are operated and prohibiting other parking under threat of tow-away.

Permit Required for Parking Lot Improvements. No person shall erect, construct, relocate, enlarge, alter, repair, move, improve, remove, or convert any parking lot without a permit therefor except:

When repainting the existing lines in the same configuration without any resurface or top coat;

When included as part of a zoning approval; or

Normal maintenance that does not involve extensive structural repairs when necessary to provide for health or safety.

Work on Vehicles in Off-Street Parking Spaces. No vehicle repair work of any kind shall be performed on any vehicle in a required off-street parking space.

(Ord. 495 § 1, 2005)

§ 17.43.020 Number of off-street spaces required.

Purpose. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses. The provision and maintenance of off-street parking spaces as required by these standards, except for those properties in the downtown parking district, shall be a continuing obligation so long as the use continues.

Minimum Parking Requirements. The number of off-street parking spaces required is set in this subsection. When a use is not listed in this subsection, the city planner shall determine the parking requirements by analogy to the requirements for the listed uses.

Single-family residential, condominiums, townhouses and two-family dwellings: Two covered parking spaces for each living unit.

Secondary dwelling units: One parking space in addition to the required minimum number of parking spaces for the primary dwelling unit.

Housing for senior citizens, if development deed restricted: One parking space per unit, plus one visitor parking space for every four units.

Multiple-unit dwellings: One and one-half times the number of living units in such dwellings, plus one-half visitor parking space per unit. Bicycle racks or storage lockers to accommodate one bicycle per three units.

Hotels, motels and auto courts: One parking space for each guest room or suite, plus one parking space for each employee.

Lodging houses, boardinghouses: One parking space for each two beds in such building, plus one parking space for each employee.

Hospitals: One and one-half parking spaces for each bed.

Sanitariums, convalescent homes and rest homes: One parking space per two and one-half beds.

Medical or dental clinic or office: One parking space for each 200 square feet of gross floor area or six spaces per doctor, whichever is more restrictive, plus bicycle racks or storage lockers to accommodate one bicycle per two employees on maximum shift.

10.

Retail and commercial stores and shops: One parking space for each 250 square feet of gross floor area, plus bicycle racks or storage lockers to accommodate one bicycle per 500 square feet up to 5,000 and one per 1,000 square feet above 5,000.

11.

Business and professional offices, banks, financial institutions, insurance companies, social service agencies and studios: One parking space for each 250 square feet of gross floor area.

12.

Laundromat: One parking space for each 250 square feet of gross floor area.

13.

Animal hospital: One parking space for each 250 square feet of gross floor area.

14.

Household furniture, appliances and furniture repair shops: One parking space for each 250 square feet of gross floor area.

15.

Enclosed automobile or machinery sales: One parking space for each 470 feet of gross floor area.

16.

Open sales areas: Two parking spaces for each employee.

17.

Service stations and auto repair and auto service businesses: Two parking spaces for each grease rack or working bay, plus one parking space for each employee.

18.

Public eating establishments, taverns, bars and nightclubs: One parking space for each three seats in such public eating establishments, taverns or nightclubs, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. Where capacity cannot be determined, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

19.

Wholesale establishments and warehouses: One parking space for each 2,350 square feet of gross floor area, plus one parking space for each company vehicle used in the operation of such establishment or warehouse, plus bicycle racks or storage lockers to accommodate one bicycle per 10 employees on maximum shift.

20.

Manufacturing plants, machine shops, research or testing (laboratories, bottling plants) and printing plants: One parking space for each one and one-half employees, plus one parking space for each company vehicle used in the operation of such plant, shop or laboratory, plus bicycle racks or storage lockers to accommodate one bicycle per 10 employees on maximum shift.

21.

Funeral homes and mortuaries: One parking space for each 700 square feet of gross floor area, plus one space for each employee and one parking space for each company vehicle used in the operation of such home or mortuary.

22.

Libraries and community centers: For libraries, one parking space for each 590 square feet of gross floor area, plus one parking space for each employee, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. For community centers, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

23.

Post offices: One parking space for each 250 square feet of gross floor area, plus one parking space for each employee, and one for each official vehicle, plus bicycle racks or storage lockers to accommodate one bicycle per two employees on maximum shift.

24.

Private clubs and lodges: One parking space for each 350 square feet of gross floor area, plus one parking space for each 350 square feet of outside areas employed for purposes of assembly and meeting by the members and guests of such clubs and lodges, plus one parking space for each 590 square feet of outside areas developed for recreational purposes, such as gardens, swimming pools, park areas and assembly areas, excepting golf course playing area and similar field sports.

25.

Elementary schools: One parking space for each employee, and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

26.

Intermediate or junior high schools: One parking space for each employee, and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

27.

High schools: One parking space for each employee, plus one parking space for each seven students in such high school and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

28.

Colleges: One parking space for each employee, plus one parking space for each three students in such college, and if such college has an auditorium, there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 feet of gross floor area in such auditorium.

29.

Churches: One parking space for each four seats in each building used separately, or together with any other building, for worship, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. Where capacity cannot be determined, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

30.

Bowling lanes: Five parking spaces for each lane in each establishment.

31.

Auditoriums, theaters, sports arenas, stadiums and assembly halls, with or without fixed seats: One parking space for each three and one-half fixed seats on such premises, plus one parking space for each six linear feet of fixed benches on the premises, or one parking space for each 35 square feet of gross floor area.

32.

Mobile home parks: Two spaces per mobile home space, plus one space for every six mobile home spaces for visitor parking, plus bicycle racks or storage lockers to accommodate one bicycle per five mobile homes.

33.

Day care centers or nursery schools: One per employee on the largest shift, plus one per 10 children, plus one for each center vehicle.

34.

Subdivision sales office: One space for each employee in the sales office on the largest shift and a minimum of four visitor spaces.

35.

Mini-storage warehouse: One and one-half spaces per employee on the largest shift, two spaces for each residential unit, and one space per 250 square feet of office/administrative space. Where there is no residential unit on site, a minimum of five spaces shall be provided regardless of the size of the office/administrative space.

Bicycle Parking. Where bicycle parking is required, the planning commission shall have the authority to add or reduce the requirement if it makes a finding that more or less bicycle parking is necessary due to the type of development and the age of the population to use the facility.

Handicapped Spaces. Handicapped spaces provided in compliance with state or local regulation shall be counted in determining the number of spaces provided in meeting the requirements of this chapter.

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

§ 17.43.030 Alternating use of parking spaces.

Where uses are required by this chapter to be served by off-street parking spaces, and where some of the uses generate parking demands primarily during hours when the remaining uses are closed but parking reductions are not authorized under the modification provisions in this chapter, alternating use of the space is allowed if approved by conditional use permit by the planning commission, but only if specifically authorized by conditional use permit. Issuance of the permit must be supported by findings that the alternating use of such spaces will not result in the effective provisions of fewer off-street parking spaces than required by this chapter. Required parking spaces shall normally be on the same lot as the main building. For required parking not located on the same lot, a properly drawn legal instrument shall be prepared, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney and recorded with the county recorder. Joint use parking privilege shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required by this chapter. In no case shall required parking not located on the same property be more than 300 feet from the subject parcel.

The permit may contain such conditions as are necessary to assure the facts found to support the alternate use of parking spaces will continue to exist, including:

Submission of satisfactory statements by the party or parties providing the proposed alternating parking, describing the users and their times of operation, and showing the absence of conflict between them;

Written agreements between the parties setting forth the terms and conditions under which the off-street parking spaces will be operated;

Documents showing maintenance provisions; and

Other documents or commitments deemed necessary.

(Ord. 495 § 1, 2005)

§ 17.43.040 Modification of off-street parking requirements.

The commercially zoned areas of the City of Escalon are intended to serve the various needs of residents, businesses, tourists, and other visitors to the city. The City of Escalon desires to create public parking, bikeways, sidewalks, pedestrian landings, etc., in order to better facilitate more and safer pedestrian and bicycle movement from residential development to the various retail and commercial uses. Also, the City of Escalon recognizes the pedestrian and bicycle modes of traffic that utilize the various retail and commercial uses within the city add to the economic viability of the city. Therefore, the planning commission may reduce off-street parking for all permitted commercial uses except motels and hotels under any one of the following determinations:

When a finding can be made that the reduction is consistent with and will further the goals described above.

When a common off-street public parking facility located within 300 feet of the uses served will provide 20 or more parking spaces, up to 10 required on-site parking spaces may be deleted from the project.

When a project contains more than one user on the same or contiguous sites, the total gross floor area is 5,000 square feet or greater, and unassigned off-street parking is provided, the total number of parking spaces required for all uses served may be reduced up to 25 percent upon a finding by the planning commission that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. An example of such usage would be parking within a shopping center where such parking is not assigned to a specific use.

The planning commission may authorize a maximum 25 percent of the required parking for a use to be located on a site not more than 300 feet from the site of the use for which such parking is required, where such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. As part of the planning commission action in granting such an exception, it shall require such assurance as recommended by the city attorney that the remote parking site will always be available for parking unless such required parking can be provided on an alternate site.

The planning commission may authorize a maximum 10 percent reduction in the required on-site parking requirements where such reduction will not result in a traffic hazard, impact the necessary parking for the use, and will not impact abutting uses.

The required number of off-street spaces may be modified for uses such as mixed use elderly housing (where both elderly and nonelderly housing is provided), housing for persons with disabilities, or retirement homes where it can be demonstrated that automobile use or ownership is significantly lower than for other dwellings or lodging houses.

When establishments serving food and beverages occupy a mixed use development such as a hotel or conference center where joint use of facilities can be expected, the total number of parking spaces required for the food and beverage use may be reduced up to 25 percent.

The parking reductions provided for above may be allowed only if it is demonstrated to the satisfaction of the planning commission and/or city council that a combination of the following vehicular, pedestrian, bicycle and parking measures are proposed by the development plan, including but not limited to:

There are no material adverse impacts on parking conditions in the immediate vicinity.

The development plan mitigates vehicular traffic impacts by proposing limited access to and from public roadways.

The development plan proposes the creation of new or upgraded sidewalks or bikeways to help foster nonvehicular movement within, around and to the site.

Public/private open spaces are created to help foster pedestrian and bikeway attractions (i.e., bicycle racks, benches, open and landscaped areas, pedestrian landings, lighting, etc.).

Additional landscape measures are taken beyond minimum city requirements so as to help foster the identity of the city.

Safety signs, traffic signals, and crosswalks are implemented to help reduce any potential conflicts between pedestrians and vehicles.

The city may place conditions of approval on any development plan that the developer/builder pays to the City of Escalon a per-parking-space fee (rate determined on a per project basis) to help fund and facilitate other public parking, sidewalks, crosswalks, lighting, pedestrian landings, bicycle lanes, bicycle paths, benches, signs, traffic signals, etc., for commercial areas within the city where it can be determined that there is a nexus between the increased traffic of the proposed development and the improvements being requested.

There shall be no reduction in off-street parking requirements for motels/hotels or residential uses, other than as provided for above.

(Ord. 495 § 1, 2005)

§ 17.43.050 Development standards.

Generally. All permanent off-street parking lots and parking garages shall be constructed as provided in this section. Where the rules of a zone pertaining to yards, landscaping, fencing, or lighting are stricter than those contained in this section, the rules of the zone apply.

Location of Required Off-Street Parking Spaces. All off-street parking spaces shall be on the same lot as the use for which they are provided, except as may otherwise be provided for in this chapter. Required parking spaces shall not be in a required front yard or side yard adjacent to a street.

Driveways. Off-street parking lots and parking garages must be connected to streets or alleys by driveways that comply with the following requirements:

Driveways that serve not more than two parking spaces shall be at least 10 feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress. The planning commission may authorize a reduction in width of two-way driveways for a portion of the driveway if the planning commission finds that conditions make the 18-foot requirement impractical.

Driveways that serve more than two and not more than 10 parking spaces shall be at least 10 feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress.

Driveways that serve more than 10 and not more than 25 parking spaces shall be at least 11 feet wide if they provide either ingress or egress only, and not less than 20 feet wide if they provide both ingress and egress.

Driveways that serve more than 25 parking spaces shall be at least 12 feet wide if they provide either ingress or egress only, and not less than 22 feet wide if they provide both ingress and egress.

The minimum distance from a wall, fence or similar obstacle to the edge of any driveway shall be two feet except for single- and two-family dwellings where no minimum distance is required.

All driveways less than 18 feet in width and more than 150 feet in length shall be developed with turn-out areas to prevent the obstruction of access to emergency vehicles in such numbers, at such locations and designed and constructed to such standards as the city engineer prescribes.

When a garage or carport opens onto a street (excluding alleys) the length of the driveway shall not be less than 25 feet.

Unless otherwise authorized by the fire chief, a vertical clearance of at least 12 feet shall be maintained above all driveways.

Unless otherwise authorized by the fire chief, curves in a driveway more than 150 feet long shall have at least a 45-foot outside radius.

Size and Location of Spaces and Aisles. All parking spaces and aisles shall conform to the following standards:

For the purpose of determining parking space dimensions, the front limit of the space shall be the face of any wall or barrier (bumper height or higher). If no such wall or barrier exists, the front limit shall be a line perpendicular to the sideline of the space, two feet forward of the face of the curb or wheel stop.

Standard spaces shall be at least 19 feet long and nine feet wide.

Space width shall be increased by one foot to 10 feet if adjacent on one side to a wall, fence, hedge or structure; and by two feet to 11 feet if adjacent on both sides to such walls, fences, hedges, or structures. Garages that are required parking for one- and two-family dwellings shall have at least 20 feet by 20 feet clear inside dimension for two-car garages and 11 feet by 20 feet for one-car garages.

Off-street spaces parallel with the aisle shall be at least 20 feet long for standard spaces.

Aisle widths for two-way aisles shall be a minimum of 25 feet.

Aisle widths and stall sizes are described in the following table:

Angle of Stall (Degrees)	Depth of Stall Perpendicular to Aisle (Feet)	Minimum Width of One-Way Aisle (Feet)
Parallel	9.0	12
30	17.8	12
45	20.5	13
60	21.8	15
90	19.0	25

When the configuration of the property or the location of existing structures constrict design of parking areas, the deciding body may modify parking stall and aisle width dimensions; provided, that the applicant can demonstrate the modification would not impair the function of the parking area.

Parking space boundaries shall be delineated by double striping. Each double stripe shall consist of two four-inch lines, separated by an 18-inch space.

Diagonal parking is encouraged wherever possible but shall be discouraged from having two-way aisles.

10.

One-way aisles shall not dead-end. Dead-ends on two-way aisles are permissible if turnaround space is provided.

11.

The minimum inside turning radius for aisles and islands shall be 20 feet.

12.

Off-street parking shall have maneuvering areas adequate to eliminate aisle-to-aisle circulation via the street.

13.

Off-street parking areas shall be designed so that automobiles will not be backed onto a street, except for parking areas that are not on an arterial street serving single-family dwellings.

14.

No required off-street parking spaces shall be allowed in tandem unless specified in conditions of approval, development agreements or PD site plan.

Surfacing. All outdoor off-street parking spaces, driveways and maneuvering areas shall be paved with a compacted base not less than four inches thick, surfaced with asphalt concrete or Portland cement concrete pavement or other surfacing approved by the city engineer. The paved area shall be provided with drainage facilities subject to the approval of the city engineer, adequate to dispose of all accumulated surface water. Special paving may be required within the drip line of existing trees subject to the recommendation of the city planner.

Lighting. All parking lot and parking garage lighting facilities shall conform to the following standards:

The location, design, intensity, light hue and shielding of lighting fixtures shall be subject to approval by the city planner.

Lighting used in connection with off-street parking spaces located in, or adjacent to, any residential zone shall be arranged and shielded so that the light will not shine directly on land in such residential zone.

Screening and Landscaping. Parking lots and spaces shall be screened and landscaped as follows:

Except for those which serve single- or two-family dwellings, all outdoor off-street parking spaces shall be screened on all sides that adjoin, face, or are across the street from either properties situated in a residential zone or properties developed with a residential use. The design of all screening is subject to approval by the city planner.

Wherever a parking lot is adjacent to a street, a landscaped buffer at least 10 feet wide is required. Where the parking lot is adjacent to a side or rear property line or to an alley, a landscaped buffer at least five feet wide is required. The required width of landscaped buffers is exclusive of curbing or allowance for vehicle overhang, and is measured from the property line or street or alley right-of-way line.

All landscaped areas shall be completely enclosed by a six-inch continuous concrete curb. At any point where a curb around a landscaped area serves as a wheel stop, a vehicle overhang allowance of two feet including the width of the curb shall be added to the landscaped area.

All portions of the parking area not used for automobile maneuvering and parking or for pedestrian walkways shall be landscaped.

All landscaped areas shall be provided with complete irrigation facilities.

At least five percent of the interior of all parking areas shall be landscaped. In order to be included in the calculation of the amount of interior landscaping, all landscaped areas must be at least five feet in any dimension exclusive of curbing and vehicle overhang allowances, except that landscaped areas separating side by side parking spaces are included in the calculation if they are at least three feet wide exclusive of curbs.

(Ord. 495 § 1, 2005)

§ 17.43.060 Temporary parking lots.

When this chapter requires that parking be provided to serve a building which is being remodeled or a building which occupies the site of an approved parking lot intended to serve a building which is under construction, or to support a temporary use as determined by the city planner, temporary parking may be provided. Temporary parking lots shall be surfaced, lighted, landscaped and otherwise improved, consistent with the purpose of such lots as temporary facilities, to be safe and present an acceptable appearance. Site and architecture approval, with an expiration date, is required for all temporary parking lots.

The city may construct temporary parking lots to alleviate parking shortages. The standards and procedures are the same as provided in subsection A of this section.

(Ord. 495 § 1, 2005)

§ 17.43.070 Loading spaces.

Required. Any structure having a floor area of 10,000 square feet or more, which is to be occupied by a manufacturing plant, storage facility, warehouse facility, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of materials or merchandise, shall provide on the same lot or parcel at least one off-street loading space, plus one additional such loading space for each 20,000 square feet of floor area. Such off-street loading spaces shall be maintained during the existence of the building or use they are required to serve. A required loading space may occupy a required rear yard or any part thereof.

Improvement Standards. Loading spaces required by this subsection shall be developed to the following standards, to the extent other more rigid standards prescribed elsewhere in this chapter do not apply:

Size of Off-Street Loading Spaces. Each off-street loading space required by subsection A of this section shall be not less than 10 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas.

Driveways for Ingress and Egress and Maneuvering Areas. Each off-street loading space required by subsection A of this section shall be provided with driveways for ingress and egress and maneuvering space of the same type which is required for off-street parking spaces.

Location of Off-Street Loading Spaces. No off-street loading space required by subsection A of this section shall be located closer than 40 feet to any street.

Screening. All loading spaces shall be screened so as not to be visible from any adjacent residential properties, and shall be designed so that noise from loading operations or equipment is sufficiently buffered from adjacent residential properties. Such screen may include sound walls and landscaping.

(Ord. 495 § 1, 2005)

§ 17.43.080 Requirements of downtown parking district.

The ability of property owners to provide the parking spaces required under this chapter is usually not feasible in the downtown area due to the lack of vacant land. In order to provide for the orderly and viable transition of property uses in the area described as the downtown parking district, existing uses are exempt from the requirements of EMC § 17.43.020.

Where there is a change in use within an existing building or property and no additional floor area or additional dwelling units are proposed, no additional parking spaces are required.

Where additional floor area or additional dwelling units are created or new buildings constructed, the parking requirements of this chapter shall be met for the new construction. No existing parking spaces shall be removed in order to accommodate additional or new construction and/or uses.

For purposes of this parking exemption section, the downtown parking district is described as follows: properties within the area and on both sides of these district boundary streets: Main Street, Third Street, and State Route 120.

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

§ 17.44.010 Purpose.

The purpose of this chapter is to create and maintain a pleasant and inviting community character by providing landscaping that breaks up the built environment; screens unappealing land uses and building features, creates a barrier from moving vehicles and loud noises, and creates a more pedestrian friendly environment. Preliminary landscaping plans shall be required of all development applications submitted to the city for approval.

(Ord. 495 § 1, 2005)

§ 17.44.020 General landscaping requirements.

Generally.

All front yards and yards abutting streets must be landscaped. Landscaping must be continuous except for driveways and pedestrian access. No vehicle overhang shall project into any required front or side yard abutting a street.

All trash enclosures, utility meters, electrical transformer and storage areas shall be screened by plantings and/or acceptable alternatives, as approved by the city planner.

All planter areas adjacent to driveways or parking areas shall be protected by six-inch concrete curbs or other acceptable barriers, as approved by the city planner.

In all nonresidential districts, a minimum five-foot wide planter is required along all side and rear property lines. Trees shall be the preferred planting within this planter to provide shade and screening.

All landscaped areas shall be provided with permanent automatic sprinklers, or other acceptable irrigation systems as approved by the city planner.

Landscaping shall be consistent with Escalon's and the State of California's water-efficient landscape and landscaping guidelines.

Shade trees and the shading of parking and pedestrian areas should be a major element of any landscape program.

Frontage landscaping shall consist of turf, ground cover, shrubs, trees, and boulders in combination to provide attractive screening.

Street trees must be on the approved city street tree list.

(Ord. 495 § 1, 2005; Ord. 547 § 4, 2015)

§ 17.44.030 Landscaping requirements for specific districts.

The landscaping requirements for the following districts shall be as follows:

Multifamily dwelling projects in any zoning district shall be provided with landscaping and open space over not less than 40 percent of the net area of the property.

Any driveway or uncovered parking area shall be separated from property lines by a landscaped strip not less than five feet in width.

The perimeter of the development along any street or right-of-way shall have a minimum 15-foot wide landscaped planter.

Mobile Home Park Development. Mobile home park projects in any zoning district shall be provided with landscaping and open space as follows:

All open areas, excluding mobile home sites, driveways and parking areas, shall be landscaped with live plant materials and maintained.

Landscaping shall include planting of trees along perimeter boundaries adjacent to adjoining properties of a five-gallon size, with a minimum of one tree per mobile home site.

C-1 Neighborhood Commercial Districts.

A minimum of 12 percent of the net lot area shall be landscaped.

All areas not required for structures or appurtenant uses, parking or circulation shall be landscaped.

C-2 Community Commercial Districts.

A minimum of 10 percent of the net lot area not covered by structures shall be landscaped.

All areas not required for structures or appurtenant uses, parking or circulation shall be landscaped.

C-M Commercial-Industrial Districts.

A minimum of 12 percent of the net lot area shall be landscaped.

All areas not required for structures or appurtenant uses, parking or circulation shall be landscaped.

Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of 12 percent of the net site area, additional landscaping areas in an amount which makes up the difference shall be provided.

Industrial Districts.

A minimum of eight percent of the net lot area shall be landscaped.

Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of eight percent of the net site area, additional landscaping areas in an amount which makes up the difference shall be provided.

(Ord. 495 § 1, 2005)

§ 17.44.040 Landscaping maintenance requirements.

All landscaped areas shall be continuously maintained. Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds and trash and litter. Any plants which die shall be replaced with healthy plants of the same or similar type.

(Ord. 495 § 1, 2005)

§ 17.45.010 Purpose.

In recognition that not all situations in land use lend themselves to a strict zoning ordinance provision, this chapter provides the city planner some latitude to make minor exceptions to this title.

(Ord. 495 § 1, 2005)

§ 17.45.020 Minor exceptions.

Authority. To ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, the planning commission or city planner is authorized to grant a minor exception to the following code requirements:

Fence Height. In any district the maximum height on any fence, wall, hedge, or equivalent screening may be increased by a maximum of two feet, where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar circumstances.

Setbacks. In any nonresidential district, the planning commission may decrease the minimum setback by not more than 25 percent for front and rear yard areas and not by more than 40 percent in side yard areas where the proposed setback area or yard is in character with the surrounding properties and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.

Lot Coverage. In any district, the city planner may increase the maximum lot coverage by not more than 10 percent of the lot area, where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites.

On-Site Parking. The planning commission may authorize a maximum 25 percent reduction in the required on-site parking requirements where such reduction will not result in a traffic hazard, impact the necessary parking for the use, and will not impact abutting uses.

Height. In any district the city planner may authorize a 10 percent increase in the maximum height limitation where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.

Application. An application for a minor exception shall be filed with the planning department, in a form prescribed by the city planner.

Notification. The planning department shall notify the applicant and contiguous property owners and other interested parties of the proposed exception by mail 10 days prior to the decision of the city planner or planning commission.

Conditions of Approval. The city planner or planning commission may impose reasonable conditions on an approval of a minor exception. Conditions may include, but not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening, requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicular ingress and egress, and traffic circulation, regulation of signs, establishment of development schedules or time limits for performance or completion, requirements for periodic review by the planning department and any other conditions as deemed necessary by the city planner or planning commission.

(Ord. 495 § 1, 2005)

§ 17.46.010 Purpose.

This chapter regulates nonconforming uses, buildings, and lots other than nonconforming signs, which are regulated elsewhere in this title.

(Ord. 495 § 1, 2005)

§ 17.46.020 Nonconforming status.

Nonconforming status begins only because of:

Annexation of territory to the city.

Amendment to this chapter, a previous zoning ordinance of the city or EMC Title 16, Subdivisions.

Rezoning.

A use or a building which was lawfully begun (or in the case of a building, lawfully erected) but which lacks a conditional use permit currently required by this chapter is nonconforming and subject to the rules of this chapter.

(Ord. 495 § 1, 2005)

§ 17.46.030 Continuation of existing uses.

Any use, building or other structure existing on the effective date of the ordinance codified in this title which does not conform with the provisions of this title for the zone in which it is located shall be deemed to be a nonconforming use, building or other structure and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building or other structure established in violation of the zoning ordinance previously in effect.

(Ord. 495 § 1, 2005)

§ 17.46.040 Duration of nonconforming use status.

This section regulates the duration of nonconforming uses. A nonconforming use must cease at the end of the applicable period.

The following uses are allowed to continue indefinitely:

Nonconforming residential use.

Schools.

Churches.

Residential care facilities.

Commercial uses that are nonconforming as to parking. However, parking must be provided to the maximum extent possible given existing physical constraints of the property such as building location and coverage, trees and other physical barriers or features. Any commercial property that is nonconforming as to parking shall not be allowed to intensify use or improve the property other than as required for normal maintenance. Examples of changes that would be permitted are painting, normal maintenance to utility systems, signage with required permits, and change of use that does not require parking in addition to that required for the previous use.

Where there are improvements on the land, but of a type for which no building permit would currently be required such as a parking lot or accessory structure, the nonconforming use must cease three years from the date the use becomes nonconforming.

Where the land is improved with one or more structures of a type for which a building permit would currently be required and the structure(s) are utilized in connection with the nonconforming use, the authorized period of duration of the nonconforming use is 20 years from December 1, 2004, or 20 years from the date the use became nonconforming, whichever is later.

Where a zoning amendment is adopted which causes a use to be nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the amendment must apply for a use permit within 24 months after the amendment becomes effective. Failure to make such application shall render the subject use immediately unlawful.

(Ord. 495 § 1, 2005)

§ 17.46.050 Duration of nonconforming building status.

A nonconforming office, commercial or industrial building located in a residential zone must, by demolition, removal or alteration, be made to conform with the rules of the zone when the building is older than shown on the following schedule:

CBC Type IV or V buildings: 35 years.

CBC Type II or III buildings: 40 years.

CBC Type I buildings: 50 years.

When any of the foregoing time periods have elapsed, the building in question no longer has status as a nonconforming building. However, when a nonconforming building houses a nonconforming use the building need not be made to conform until the nonconforming use ceases or expires as provided by this chapter, whichever comes first. Buildings that become nonconforming only as a result of the adoption of a floor area ratio shall be exempt from the provisions of this section.

(Ord. 495 § 1, 2005)

§ 17.46.060 Repairs, alterations and maintenance.

Ordinary nonstructural repairs, alterations, or maintenance may be made to a nonconforming building or structure as required to keep it in sound condition. Alterations or repairs of a structural nature to a nonconforming building or structure shall not be permitted except such as are required by law or ordinance or authorized by the planning commission upon obtaining a conditional use permit pursuant to this title; provided, however, that structural alterations or repairs may be made to a nonconforming residential building or structure which is used for residential uses in a zone in which residential uses are allowed.

Nothing in this chapter shall prevent the making of structural repairs or alterations or otherwise strengthening or restoring to a safe condition any part of any building or structure which is unsafe or which is substandard under any of the building codes specified in EMC Title 15, Buildings and Construction.

(Ord. 495 § 1, 2005)

§ 17.46.070 Change of use.

A nonconforming use which is determined by the planning commission to be of the same or a more desirable nature may be substituted for another nonconforming use; provided, that in each case a conditional use permit is first secured in accordance with the provisions of this title.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. 495 § 1, 2005)

§ 17.46.080 Cessation of use.

Where the nonconforming use of a building or structure has ceased for six continuous months or more, such building or structure shall not again be put to a nonconforming use.

When a nonconforming use of land not involving any building or structures, except minor structures such as fences, signs and buildings less than 400 square feet in area, has ceased for six continuous months or more, such land shall not again be put to a nonconforming use.

(Ord. 495 § 1, 2005)

§ 17.46.090 Modification of a nonconforming use.

A use which is nonconforming shall not be modified without obtaining a conditional use permit. A modification shall be defined as follows:

Any change that is an intensification of use, including but not limited to:

Additions to seating capacity or gross floor area;

Increase in parking required, other than the requirement of increases because of ordinance amendment;

Use of additional land;

Commencement of new activities; and/or

Increase in the number of hours of operation or staying open later and such change of hours imposes a new burden on the surrounding neighborhood.

Any change that is a substantial departure from plans which were the basis of any approved use.

(Ord. 495 § 1, 2005)

§ 17.46.100 Proceedings to determine that a nonconforming use is no longer lawful.

Failure to comply with any of the requirements of this chapter shall render an otherwise valid, nonconforming use unlawful. Proceedings to make a determination of such unlawfulness shall be held in the same manner as set forth for a zoning approval. Any notice given for such proceedings should indicate that the result of the proceeding may be cessation of the modified use or a continuation of the modified use with a conditional use permit.

(Ord. 495 § 1, 2005)

§ 17.46.110 Restoration of damaged nonconforming structures.

If a nonconforming single- or two-family dwelling, multiple-family dwelling, school or church located in any zone is damaged or destroyed, it may be rebuilt on the same foundation in substantially the same manner as it existed before its destruction.

If any other nonconforming building is destroyed above the foundation to the extent of more than 50 percent of its value, then without further action by the city such building and the land on which such building was located shall from and after the date of such destruction be subject to the regulations specified by ordinance for the zone where such land and building are located. Value is to be determined by the building official.

(Ord. 495 § 1, 2005)

§ 17.46.120 Expansion of nonconforming uses and buildings or other structures.

A nonconforming use of a lot, building or structure may only be expanded by securing a conditional use permit pursuant to this title.

The owner of a nonconforming building or structure has no right to expand a nonconforming building or structure.

A building permit may be issued for a building or structure which alters a nonconforming building or structure only after review by the city planner. An application (on a form approved by the city planner) for an alteration to a nonconforming building or structure shall be submitted to the planning department. The application shall include all information therein requested including, but not limited to, elevations, floor plan and a site plan showing the proposed location for the addition, the location of all relevant improvements existing on the site, and the location of adjacent public or private streets, roads, alleys, rights-of-way and the like.

The city planner shall review and approve, conditionally approve or disapprove all applications for a building permit for alteration of a legal nonconforming building or other structure, or may refer an application to the planning commission for consideration. The city planner shall review each application for compliance with the provisions of this title to ensure that the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements. If a structure is nonconforming due to insufficient on-site parking, the city planner will evaluate the potential for the addition to increase the parking demand for the structure or building and may refer the permit to the planning commission for action. The city planner may attach conditions of approval as deemed appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and provisions of this chapter.

The approval, conditional approval or disapproval of an application for a permit for increasing the size of a legal nonconforming structure or other building shall be set forth in writing by the city planner and shall specify in the case of approval that the application is in compliance with the provisions of this section and the conditions attached to the approval, if any, and shall specify the reasons for disapproval in the event the application is disapproved. A copy of the written decision shall forthwith be given to the applicant. The decision made by the city planner may be appealed to the planning commission.

(Ord. 495 § 1, 2005)

§ 17.46.130 Rules governing the expansion of nonconforming buildings.

When expansion is allowed by this chapter, the following rules apply:

When a building is too close to a property line or street, any expansion or reconstruction may not be nearer to a property line than the existing building is to that property line. Reconstruction may only be allowed if the building official determines that the portion of the building proposed to be demolished has deteriorated to a point that reconstruction is necessary. The projections listed in the title except chimneys and bay windows may project beyond the wall of the expanded or reconstructed portion subject to meeting building code requirements.

When a building is too high, the expansion must be within the current height limitations of the zone in which located.

When a building covers too much land no expansion is allowed which would increase the coverage. However, second floor additions are allowed as long as the area of the second floor does not exceed the area allowed to be covered by the rules of the zone.

Approval can be denied if the expansion would in any way cause a safety problem or be detrimental to the public welfare.

The expansion must take place either on the zoning plot as it existed on the date the building became nonconforming or on the existing zoning plot, whichever is smaller.

The expansion must not impede the orderly development or redevelopment of neighboring property in a manner which will conform to both the general plan and the current zoning.

Approval of the expansion may not be inconsistent with the general policy of phasing out nonconforming uses.

(Ord. 495 § 1, 2005)

§ 17.46.140 Nonconforming lots.

The following provisions apply to nonconforming lots:

If the lot is in a residential zone and recognized by the city as a lawful lot pursuant to this title, a single-family dwelling may be constructed if site and architecture approval is obtained.

If the lot is in other than a residential zone, it may be used for any purpose allowed in the zone.

Any rule of the zone including front, side and rear yard requirements may be modified by the terms of the site and architecture approval so that the building and its use will be compatible with the neighborhood.

(Ord. 495 § 1, 2005)

§ 17.47.010 Purpose.

It is the policy of the City of Escalon to preserve, protect and encourage the use of agricultural lands for the production of food and other agricultural products. When nonagricultural land uses extend into or approach agricultural areas, conflicts often arise between such land uses and agricultural operations. Such conflicts often result in involuntary curtailment or cessation of agricultural operations and discourage investment in such operations.

In this effort, this title is intended to implement the policies of the conservation and open space element of the general plan which include the following:

Conserve, to the greatest feasible extent, the city's existing natural resources, with particular emphasis on air and water quality, open space, farmland, wildlife and habitat preservation in that this title is intended to conserve agricultural resources by minimizing land use conflicts; and

Ensure that all adverse environmental impacts of proposed development projects are identified and acceptably mitigated prior to approval in that this title sets specific standards for agricultural buffer areas within developments adjacent to lands within agricultural production; and

Maximize farmland open space and wildlife habitat preservation on lands outside of the city by establishing a green belt including all lands not designated for future annexation on the general plan land use diagram in that this title directly implements the city's effort to create a permanent green belt around Escalon.

It is recognized that in an effort to encourage investment in agricultural activities within and around Escalon, it is necessary to work cooperatively with San Joaquin County to preserve agricultural land and resources. This title seeks to reduce the occurrence of conflicts between agricultural and nonagricultural land uses and to protect the public health. Towards this end, a purpose of this title is to reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.

A second purpose of this title is to provide purchasers and tenants of nonagricultural land close to agricultural land or operations with notice about Escalon's support of the preservation of agricultural lands and operations. It is intended that these requirements foster good neighbor relations by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to farming and agricultural activities.

Because of unique characteristics of residential and agricultural land uses, it is Escalon's desire and policy to require all new residential developments adjacent to agricultural land or operations to provide a buffer to minimize the potential land use conflicts with existing and potential agricultural uses. Because of the similar characteristics (hours of operation, noise, traffic, etc.) and less sensitive land use receptor's, the conflicts between commercial and industrial land uses and agricultural operations are expected to be significantly less than residential land uses.

Implementation of these policies will be complemented by establishing a dispute resolution procedure designed to amicably resolve any complaints about agricultural operations that is less formal and expensive than court proceedings.

(Ord. 495 § 1, 2005)

§ 17.47.020 Definitions.

As used in this title, the following terms have the meanings stated in this section:

"Property"

means real property.

"Sell" or "sale"

means any transfer of fee title.

"Buyer"

includes any transferee.

"Agent"

is one authorized by law to act in that capacity for that type of property and is licensed as a real estate broker under the Business and Professions Code or a licensee, as defined in the Health and Safety Code.

"Listing agent"

is one who has obtained a listing of property and is authorized by law to act as an agent for compensation.

"Selling agent"

is an agent who acts in cooperation with a listing agent and who sells, finds and obtains a buyer for the property.

A property is "sold" when a deed is recorded. The term "sold" includes an exchange.

"Agricultural land"

shall mean all that real property surrounding or within the boundaries of the City of Escalon currently used for agricultural operations or upon which agricultural operations may in the future be established.

"Agricultural operation"

shall mean and include, but not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity including viticulture, horticulture, timber or apiculture; the raising of livestock, fur bearing animals, fish and poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(Ord. 495 § 1, 2005)

§ 17.47.030 Nuisance.

No legally conforming agricultural operation shall constitute a nuisance under the provisions of this title.

(Ord. 495 § 1, 2005)

§ 17.47.040 Disclosure statement – Format.

The following disclosure statement shall be provided to all those who acquire property in Escalon:

The city of Escalon permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience and discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other use of agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation and other activities which may generate dust, noise, smoke, odor, rodents and pests. Be aware also, that this property may be affected by agricultural operations outside the city's jurisdiction. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

(Ord. 495 § 1, 2005)

§ 17.47.050 Delivery by transferor.

The transferor of any property located in the City of Escalon shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

In the case of a sale, as soon as practicable before transfer of title.

In the case of transfer by real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection, "execution" means the making or acceptance of an offer.

With respect to any transfer subject to sub-sections A or B of this section, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.

(Ord. 495 § 1, 2005)

§ 17.47.060 Disclosure statement – Building permits.

Prior to issuance of a city building permit for construction of a residential building, the owner of the property upon which the building is to be constructed shall file with the building department a signed and dated copy of the disclosure statement set forth above.

(Ord. 495 § 1, 2005)

§ 17.47.070 Refusal to sign disclosure statement.

If a buyer refuses to sign the disclosure statement, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer and affixing the following signed declaration to the statement:

I, (insert name), have delivered a copy of the foregoing disclosure statement as required by law to (insert buyer's name) who has refused to sign.

I declare the foregoing to be true under penalty of perjury.

Date: ____________________________

Signature: ________________________

Print Name: _______________________

(Ord. 495 § 1, 2005)

§ 17.47.080 No limitation on other disclosure obligations.

The specification of items of disclosure in this chapter does not limit or abridge any obligation or disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale.

(Ord. 495 § 1, 2005)

§ 17.47.090 Delivery of disclosure statement.

Delivery of the disclosure statement required by this chapter shall be by personal delivery or certified mail, return receipt requested, to the buyer.

(Ord. 495 § 1, 2005)

§ 17.47.100 Penalty for violation.

Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding $100.00.

(Ord. 495 § 1, 2005)

§ 17.47.110 Does not abridge state law.

Nothing contained in this chapter is to be construed as modifying state law. It is only to be utilized in the interpretation and enforcement of this code and other applicable city regulations.

(Ord. 495 § 1, 2005)

§ 17.47.120 Renting or leasing of real property.

It shall be the responsibility of the property owner to notify any tenant, lessee or renter of his/her property of the provisions of this chapter.

(Ord. 495 § 1, 2005)

§ 17.47.130 Buffer areas.

Any residential development approved by the City of Escalon adjacent to an established agricultural easement; agricultural operation outside of the city's sphere of influence; or greenbelt shall be required to provide an agricultural buffer within the boundaries of the development.

The standard minimum agricultural buffer/agricultural transitions area shall be comprised of two components: an agricultural transition area located contiguous to an agricultural buffer located contiguous to any agricultural easement; agricultural operation on prime farmland (as identified by the State Department of Conservation) outside of the city's sphere of influence; or designated greenbelt area (identified within the conservation and open space element).

For the purposes of this section, "development" shall mean the division of a parcel of land into two or more parcels; construction of a new building or other structures on a parcel; the relocation of an existing building to an adjacent parcel; and any expansion of the use of the land by more than 25 percent.

The agricultural buffer/agricultural transition areas are measured from the edge of the agricultural, and greenbelt areas. For residential developments the buffer area shall be determined by the average lot sizes adjacent to the perimeter of the subdivision closest to the agricultural areas or operations. The minimum buffer area widths shall be determined from the following table:

Residential Land Use	Buffer Area (feet)	Transition Area (feet)
Multiple-family	120	60
Duplex	110	55
Single-family
Up to 7,500 square feet	100	50
7,501 to 9,500 square feet	80	40
9,501 to 11,500 square feet	70	35
11,501 to 15,500 square feet	60	30
15,501 square feet and above*	< 60	30

*Agricultural transition area only.

Commercial and industrial developments shall only be required to provide an agricultural transition area.

The following uses shall be permitted in an agricultural buffer area: native plants, tree or hedge rows, drainage channels, storm retention ponds, natural areas such as a drainage swales, utility corridors, collectors and arterial roadways, and any other use, including agricultural uses, determined by the planning commission to be consistent with the use of the property as an agricultural buffer.

If developed for purposes other than roadways, there shall be no public access to the agricultural buffer. The agricultural buffer shall be developed by the developer pursuant to a plan approved by the planning commission. The plan shall include provision for the establishment, management, and maintenance of the area. The plan shall include the use of integrated pest management techniques. The city shall require that an easement be recorded against the development project site which shall reflect the requirements of this title. This area shall be maintained through the formation of a lighting and landscaping district.

If the agricultural buffer area is developed as a roadway, the design of the roadway shall not adversely impact agricultural resources by means of stormwater runoff.

The following uses shall be permitted in an agricultural transition area: bike paths, native plants, tree and hedge rows, benches, lights, trash enclosures, fencing and any other use determined by the planning commission to be of the same general character. There shall be public access to the agricultural transition area. The agricultural transition area shall be developed by the developer pursuant to a plan approved by the planning commission. Once the area is improved and approved by the city planner, the land shall be dedicated to the city and a lighting and landscaping district shall be formed to pay for the maintenance of the area. The city shall administer the maintenance of the agricultural transition area once the land is improved, dedicated and annexed.

(Ord. 495 § 1, 2005)

§ 17.47.140 Waivers and mechanisms.

The planning commission shall determine the adequate width of the transition area for developments based upon the potential for land use conflicts with proposed uses and existing agricultural operations. The city council may, upon consultation with the planning commission, waive the requirement for developments to provide an agricultural transition area if the following findings can be made:

A.	That characteristics of the proposed development, including but not limited to dust, noise, light, discharges, traffic patterns (vehicular, bicycle, and pedestrian) will not adversely impact the agricultural operation; and
B.	That the normal practices of agriculture will not adversely impact the proposed development or the general welfare of the people frequenting the development; and
C.	That General Plan Policies 3.210, 3.220 and 3.330 will not be adversely impacted by the waiver of the agricultural transition area.
The City of Escalon has determined that the use of property for agricultural operations is a high priority and contributes to the unique quality of life provided to residents of Escalon. In an attempt to balance the need to maintain the small-town charm afforded by an agriculturally based economy to new residents while protecting agricultural lands, the city shall collect a public facility fee from new residential development.
In certain cases, the city may reimburse a developer for the cost of the construction and development of the mandated agricultural buffer and agricultural transition areas. To be eligible for reimbursement, the city council, upon a recommendation from the planning commission, must find:
A.	The placement and construction of the mandated agricultural transition and agricultural buffer area system would not be roughly proportional to the impacts to agricultural operations created proposed development; and
B.	That a waiver as stated above cannot be granted.

(Ord. 495 § 1, 2005)

§ 17.48.010 Purpose.

The housing element of the city general plan includes goals towards meeting existing and projected housing needs for all economic segments of the community. The density bonus ordinance is intended to implement these goals by complying with the State Density Bonus Law, Government Code Section 65915 et seq. This law provides that a local government shall grant a density bonus and additional incentives, or financially equivalent incentive(s), to a developer of a housing development agreeing to construct a specified percentage of housing for lower income households, very low-income households, moderate income households or senior citizens. It is the intent of this chapter that the density bonus or other incentives offered by the city pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. It is also the purpose of this chapter to implement those programs and policies with the purpose of accomplishing the identified goals, including the requirement for inclusionary housing units under this title.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.020 Responsibility for review and approval of density bonuses.

An application for a density bonus shall be reviewed and acted upon by the city council for the project for which the density bonus is being requested, and in accordance with the standards and procedures set out in this chapter and Government Code Section 65915.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.030 Definitions.

As used in this chapter, the following terms shall have the following meanings unless otherwise indicated from the context:

"Below market rate units" or "BMR units"

means units to be sold or rented at below market rate prices.

"Density bonus,"

as defined in Government Code Section 65915, means an increase in the number of dwelling units authorized for a particular parcel of land beyond the maximum allowable residential density specified on the land use map of the city general plan.

"Density bonus units"

means those residential units granted pursuant to the provisions of this chapter which exceed the maximum allowable residential density for the development site.

"Development standard"

includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan or other city condition, law, policy, resolution or regulation.

"Household type"

means the population group identified by Government Code Section 65915 to qualify for a density bonus.

"Incentive" or "concession"

means any of the following:

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient and actual cost reductions.

"Lower income household"

means a household whose gross income is as established by Health and Safety Code Section 50079.5 as amended.

"Maximum allowable residential density"

means the density allowed under this title, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project.

"Resale controls"

means a resale restriction placed on BMR units by which the price of such units and income of the purchaser will be restricted in order to ensure the affordability and occupancy by lower, very low or moderate income households or senior citizens.

"Senior citizen"

means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.

"Senior citizen unit"

means a unit in which one of the household members is a senior citizen.

"Senior citizen housing development"

means a residential development that is restricted to occupancy by senior citizens, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

"Very low-income household"

means a household whose gross income is as established by Health and Safety Code Section 50105 as amended.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.040 Applicability.

All housing developments containing five or more units (excluding density bonus units) are eligible for a density bonus of up to 35 percent, and one or more additional incentives upon the developers agreeing to construct the percentage of dwelling units or donate land as specified in Government Code Section 65915 as amended.

Projects which meet the requirements set forth in this chapter shall qualify for a density bonus and an applicable number of concessions or incentives unless the city council adopts a written finding, based upon substantial evidence, of either of the following:

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915, subdivision (c).

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

In addition to projects that may receive a density bonus, incentives, and/or concessions pursuant to Government Code Section 65915, as amended, the following types of projects are also eligible for up to two incentives, subject to the findings identified in subsection B of this section and the finding that incentive(s) will not result in an adverse impact on the character of the surrounding neighborhood.

A multifamily project of 15 or more units that requests consolidation of two or more small, contiguous lots. For the purposes of this chapter, a "small lot" is considered a lot of two acres or less and the request may include consolidation of a minimum of two small lots with a larger lot.

A housing project of 10 or more units restricted to occupancy by persons with a disability and their caretaker(s).

A multifamily housing project of 15 or more units that provides a minimum of 20 percent of the units as large units with three or more bedrooms.

(Ord. 527 § 9, 2010; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.050 Incentives and parking ratios.

Any incentives or concessions available under Section 65915 of the Government Code may be selected from the following list under subsections A and B of this section:

A reduction in site development standards or a modification of the requirements of this title. Permissible incentives include, but are not limited to:

Reduction of parking requirements;

Reduction of open space requirements;

Reduction of setback requirements.

Other regulatory incentive(s) or concession(s) proposed by the developer or the city, which result in identifiable cost reductions. Permissible incentives include, but are not limited to:

Reduction of park dedication fees;

Reduction of application or construction permit fees;

Provision of tax-exempt financing or other financial assistance as approved by the city council or redevelopment agency board should one be formed;

Assistance in applying for state, federal, or local funds (HOME, CDBG, CalHOME, BEGIN, etc.). This shall be limited to staff assistance in answering application questions related to the city's requirements for development that are associated with the proposed project.

Incentives or concessions must directly affect the financial feasibility of including the BMR units in the project without adversely affecting the health, safety and welfare of city residents.

A developer may request a reduction in parking ratios for individual units or for an entire project consistent with the ratios identified under Section 65915(p) of the Government Code.

(Ord. 527 § 9, 2010; Ord. 557 § 1 (Att. A), 2016; Ord. 580 § 1 (Exh. A), 2019)

§ 17.48.060 Waivers or reductions.

An applicant may submit to the city council a proposal for the waiver or reduction of development standards and may request a meeting with the city council. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

The waiver or reduction will be granted unless the city council adopts a written finding, based on substantial evidence, of either of the following:

The waiver or reduction of development standards would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

The waiver or reduction of development standards would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.070 General requirements.

BMR units shall remain affordable for at least 55 years.

A master regulatory agreement shall be made between the developer and the city which indicates the household type, number, type, location, size and construction scheduling of all BMR units and such information as shall be required by the city for the purpose of determining the developer's compliance with this chapter. The master regulatory agreement will be required in a form acceptable to the city.

BMR units in a project and phases of a project shall be constructed concurrently with or prior to the construction of non-BMR units.

The developer shall submit a project financial report (pro forma) to allow the city to evaluate the financial need for the state-mandated additional incentives. The city may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exceptions:

If the applicant is a nonprofit organization, the cost of the consultant may be paid in whole or in part by the city upon approval of the city council.

If the proposal is in a redevelopment area, the redevelopment agency may pay in whole or in part the cost of the consultant, at the discretion of the agency director or the board.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.080 Requirements for rental housing projects.

All BMR units shall be occupied by the household type specified in the master regulatory agreement required under EMC § 17.48.070(B). The developer's obligation to maintain BMR units as affordable housing shall be evidenced by the master regulatory agreement that shall be recorded as a deed restriction running with the land.

Rents for the very low and lower income BMR units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

Prior to the rental of any BMR unit, the city or its designee shall verify the eligibility of the prospective tenant. The owner shall obtain and maintain on file certifications by each household. Certification shall be obtained immediately prior to initial occupancy by each household and annually thereafter, in the form titled "Household Certification" provided by the city. The owner shall obtain updated forms for each household on request by the city, but in no event less frequently than once a year. The owner shall maintain complete, accurate and current records pertaining to the property and will permit any duly authorized representative of the city to inspect the records pertaining to the BMR units and occupants of said units.

The city may establish fees associated with the setting up and monitoring of BMR units.

The owner shall submit a quarterly report to the city, on a form provided by the city. The report shall include for each BMR unit the rent, income and family size of the household occupying the unit.

The owner shall provide to the city any additional information required by the city to ensure the long-term affordability of the BMR units by eligible households.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.090 Requirements for owner-occupied housing.

All purchasers of BMR units shall be senior citizens or very low, low, or moderate income households required in the master regulatory agreement specified in EMC § 17.48.070.

Purchasers shall be required to occupy the unit except with approval from the city. Evidence must be presented to the city that the owner is unable to occupy the unit due to illness or incapacity. In such cases, the unit shall be rented at an affordable rent pursuant to EMC § 17.48.080 to the same household type as the owner.

For-sale BMR units shall be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code.

(Ord. 495 § 1, 2005; Ord. 530 Att. A, 2011; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.100 Resale restrictions.

To ensure the continued affordability of BMR units, a regulatory agreement shall be recorded against all units, shall run with the land and shall be binding on future owners and/or renters of the BMR units. This agreement and required deed restrictions shall be recorded at the time of a final map for subdivision projects, or prior to issuance of the first building permit for nonsubdivision projects. The agreement shall include restrictions on the resale of BMR units that require equity sharing provisions consistent with Government Code Section 65915(c)(2).

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.110 Application procedure.

A developer of a development project with a minimum of five dwelling units desiring to participate in the program established by this chapter shall, prior to or at the time of submittal of any formal requests for general plan amendment, zoning amendment or subdivision map approval, submit a proposal for such participation.

The formal application shall provide the following information:

A written statement specifying the desired density increase, incentive(s) and/or waiver(s) requested and the number, type, location, size and construction scheduling of all dwelling units.

A project financial report (pro forma), as required.

Any other information requested by the city planner to assist in the evaluation of the project.

Within 90 days of receipt of a preliminary proposal, the city shall provide the housing developer written comments and a preliminary evaluation of the project and notify the developer that either:

The proposal fails to qualify for the program and the reasons for such determinations; or

The proposal qualifies, and that as a part of any project approval, the city will grant a density bonus, incentives and/or waivers, as required.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.120 Action.

The city may grant, modify or deny the requested density bonus, incentives and/or waivers in accordance with the provisions of this chapter and Government Code Section 65915. Any approval must be consistent with the city's general plan and any applicable zoning, subdivision or other development regulations. A master regulatory agreement shall be entered into to reflect such approval under this chapter.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.130 Hold harmless.

The developer of a qualifying project shall defend, indemnify and hold harmless the city, its elected officials, officers, and employees from any and all claims of damages or injuries arising from developer's obtaining entitlements and permits, developer's construction, maintenance, operation, use or sale of the project, or any act or omission of developer, its officers, employees or agents, and from any and all expenses, liabilities, costs and reasonable attorneys' fees incurred on account of any claims, actions or proceeding brought against the city, its elected officials, officers, and employees in connection with the project.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.48.140 Conflict with Government Code Section 65915.

In the event any provision of this chapter conflicts with Government Code Section 65915 or any other state law, state law shall control.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016)

§ 17.49.010 Purpose.

The purpose of this chapter is to establish uniform procedures for the addition and implementation of specific plans within the city and the unincorporated Escalon planning area.

(Ord. 495 § 1, 2005)

§ 17.49.020 Authority for specific plans.

Pursuant to California Government Code Sections 65450 et seq., the city council is authorized to prepare, adopt and implement specific plans for areas within the incorporated city and its general plan planning area upon submission of such application.

(Ord. 495 § 1, 2005)

§ 17.49.030 Applicability.

Applicants for development of property five acres or larger are required to submit a specific plan and gain approval of said plan prior to annexation to the City of Escalon. 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.

The specific plan is intended to provide an application tool for use in implementing the general plan on an area-specific basis. A specific plan, prepared in accordance with the requirements set forth herein, is also intended to serve as a policy and/or regulatory document. The specific plan should contain policy direction and project development concepts consistent with the general plan, and development standards and recommended zoning included to address the unique situations within the specific plan area to provide regulatory controls.

An additional goal of the specific plan is to help mitigate any potential social, economic and environmental impacts of the annexation below a level of significance, and to permit greater flexibility and consequently, more creative and imaginative designs for development than generally is possible under conventional zoning regulations.

For that portion of a property to be developed with residential uses, the specific plan is further intended to promote more economical and efficient use of land proposed for residential use while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural and scenic qualities of open spaces.

No building or grading permit, conditional use permit, variance, tentative map, final or parcel map, or any other entitlement shall be granted for any parcel which would be inconsistent with the goals and policies of said specific plan.

Property annexed to the city within a specific plan area shall be prezoned in conformance with the specific plan effective upon the effective date of said annexation.

As an integral part of the specific plan process set forth in this chapter, applicants shall comply with all infrastructure master plans adopted pursuant to the plan, including but not limited to water, sewer, storm drainage, traffic and circulation, public buildings, parks and open space.

In the event there is a discrepancy between standards adopted within a specific plan and comparable zoning regulations, any adopted infrastructure master plans, or development standards, the standards and regulations made part of the specific plan shall prevail.

(Ord. 495 § 1, 2005)

§ 17.49.040 Other laws, orders and ordinances.

Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any state laws, orders or requirements affecting such properties or areas.

(Ord. 495 § 1, 2005)

§ 17.49.050 Preapplication.

Prior to submitting an application for a specific plan, a prospective applicant should hold preliminary consultations with the planning department to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys, and other data.

(Ord. 495 § 1, 2005)

§ 17.49.060 Initiation procedures.

A specific plan shall be initiated by the city council by the adoption of a resolution of intention. Prior to the initiation of a specific plan, the city planner shall determine if the property which is the subject of the application is located within an area designated for urban development as depicted in the plan. If the property is located outside of an area designated for urban development, a specific plan shall not be initiated.

A request for preparation of a specific plan may be made by either private parties or by the city.

In the case of a city initiated and prepared specific plan, the resolution containing the necessary findings for council's adoption of said plan shall also contain the city costs related to said preparation and prorated fees charged to affected property owners which shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance. The initiation of a specific plan shall require preparation of a staff report to the city council addressing the following items:

A description of the proposed project.

A brief justification for the use of the specific plan process.

A vicinity map, drawn to scale, showing the proposed specific plan area and areas within one mile of the property.

A location map, drawn to scale, showing the property and exterior property lines within 500 feet of the subject property.

The existing homes, addresses and assessor's parcel numbers for the properties shown on the location map, listed from the latest assessor's roll.

The existing land use and planned land use, general plan designations and zoning designations.

A statement of relationship of the specific plan with the general plan.

Any additional information required by the city planner to show the need or desirability to utilize the specific plan process.

Private parties wishing to use a specific plan to implement the general plan shall petition the city requesting permission to prepare a specific plan for their project. The petitioner shall file a "Request to Prepare a Specific Plan" with the city planner in a form as required by the city, and shall pay all required fees. The application fee shall be the same as that for an application for a conditional use permit. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the specific plan area. Costs related to said preparation and prorated fees charged to affected property owners shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance.

(Ord. 495 § 1, 2005)

§ 17.49.070 Application.

Applications submitted by private parties shall contain a map clearly illustrating the following:

The boundaries and dimensions of the property.

Type and location of existing and proposed buildings and structures.

Tabulation of land area to be covered by buildings and structures.

Proposed lot pattern.

Conceptual architectural elevations, floor plans and plotting of proposed structures on individual lots.

Vehicular and pedestrian circulation pattern.

Location and number of off-street parking spaces.

Height, type and location of proposed walls and fences.

Location and use of open space.

10.

Conceptual landscaping plan showing the location, type and size of all planting materials.

11.

Type and location of all required infrastructure improvements, including stormwater drainage, water, sewer and how they tie-in with the city's master facility plans.

In addition, the application shall contain the following textual information:

A statement covering the general characteristics of the development.

Dwelling unit density and other design and development criteria and standards, including setbacks, building mass and form, architectural and landscape standards.

A schedule and sequence of development if project is to be accomplished in phases.

The proposed means for assuring continuing existence of all implementation measures of the plan.

Maintenance and operation of the various public elements and facilities.

A fiscal analysis showing how the specific plan area can be at least fiscally neutral, thereby not imposing a burden upon the city's capital and operating budget.

Development standards to be utilized in the plan area, including but not limited to permitted uses, setbacks, height limitations, accessory structures, off-street parking and signs.

A preliminary soils report.

A complete legal description of the entire proposed development.

10.

Such additional information as may be required to permit a complete analysis and appraisal of the planned development.

(Ord. 495 § 1, 2005)

§ 17.49.080 Review procedures.

Specific plans or specific plan amendments shall be reviewed using the public hearing review process established for amendments as provided for in Chapter 17.60 EMC.

Planning Commission. At the conclusion of the public hearing, the planning commission shall recommend by resolution the approval/denial of the application by the city council.

City Council. The city council shall hold a public hearing to review the planning commission recommendation and shall be the deciding body. If the council determines to make any changes or addition to the specific plan, it shall return the matter to the planning commission for its report thereon.

(Ord. 495 § 1, 2005)

§ 17.49.090 Environmental review.

The city planner shall review the application and request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). The city planner will determine the form of environmental review.

If an EIR is required, upon certification of the EIR, no further EIR or negative declaration need be filed for any project which is undertaken pursuant to and in conformity with the adopted specific plan for which the EIR has been certified.

An amendment to the specific plan's proposed uses or environmental impacts not adequately addressed by the certified EIR will require an environmental assessment, which may necessitate a supplemental EIR. Such supplemental EIR shall be processed along with the amended specific plan as provided in this chapter.

(Ord. 495 § 1, 2005)

§ 17.49.100 Consistent with general plan.

A specific plan or specific plan amendment shall be consistent with the general plan.

(Ord. 495 § 1, 2005)

§ 17.49.110 Criteria for development.

General design standards for the development of properties included within a specific plan shall be included in the resolution of approval adopted by the deciding body.

(Ord. 495 § 1, 2005)

§ 17.49.120 Approval.

The approval of a specific plan or specific plan amendment shall be done by adoption of a resolution by the city council.

(Ord. 495 § 1, 2005)

§ 17.50.010 Findings.

The public welfare requires the city to take action to ensure that affordable housing is constructed and maintained within the city.

Housing purchase prices in the city have risen significantly in recent years and continue to rise.

Rents in the city have been rising and the majority of apartments are one- or two-bedroom units which are not suitable for families. Small, low-income households have difficulty finding affordable unassisted housing and larger households of any income level have difficulty finding affordable units.

Federal funds for the construction of new affordable housing units are limited or are no longer available, and state funds are limited.

To meet the city's share of the regional housing need for very low, lower, and moderate income households, the city included implementing policies and programs in the housing element of its general plan to provide for such housing.

The general plan programs require the city to consider adoption of an inclusionary housing ordinance to require that between 10 and 15 percent of all housing units in any new development be available for persons and households of low or moderate income.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.020 Authority.

This chapter is enacted pursuant to the general police power of the city set forth in Article XI, Section 7 of the California Constitution and is for the purpose of providing affordable housing in Escalon consistent with state law and the city's general plan. The requirements of this chapter are the city's minimum requirements for affordable housing. Nothing in this chapter shall be construed to limit the city's authority to impose additional affordable housing requirements to the extent permitted by law or to negotiate in a development agreement or other instrument the provision of additional affordable housing.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.030 Definitions.

"Affordable housing cost"

means affordable housing cost as set forth in Health and Safety Code Section 50052.5 as amended.

"Affordable rent"

means affordable rent as set forth in Health and Safety Code Section 50053 as amended.

"Density bonus"

means an entitlement to build dwelling units in excess of the maximum number of units otherwise allowable or to exceed the maximum floor area ratio otherwise specified in this title.

"Developer"

means the owner of any real property upon which a residential project is to be constructed or developed.

"Development agreement"

means an agreement between a developer and the city entered into pursuant to Government Code Section 65864 et seq. and in accordance with the City of Escalon procedures and requirements for consideration of development agreements as amended.

"Feasible"

means that even with the construction of inclusionary units pursuant to this chapter, the residential project as a whole remains reasonably capable of being built and marketed given the conditions prevailing at the time of approval of the residential project. The determination as to whether a project is feasible is to be made, in all cases, by the city council in its sole and absolute discretion.

"For-sale units"

means those dwelling units developed as part of a residential project that the developer intends will be offered for individual sale or that could be offered for individual sale, including but not limited to single-family detached homes, duplex units, condominiums, and cooperatives.

"Housing trust fund"

means a separate fund administered by the city into which the in-lieu fees are deposited.

"Incentive"

means one of the incentives the city council may authorize pursuant to EMC § 17.50.060 if it determines that it is infeasible to provide inclusionary units within the residential project.

"Inclusionary units" or "affordable housing units"

means those dwelling units developed pursuant to an inclusionary housing agreement to satisfy the requirements of this chapter, including for-sale inclusionary units available at an affordable housing cost and multifamily rental inclusionary units available at an affordable rent.

"Inclusionary housing agreement" or "agreement"

means the agreement described in EMC § 17.50.050(B) between the developer of a residential project and the city detailing how the provisions of this chapter will be implemented.

"Low and moderate income"

has the same meaning as that set forth in Health and Safety Code Section 50093 as amended.

"Lower income"

has the same meaning as that set forth in Health and Safety Code Section 50079.5 as amended.

"Moderate income"

has the same meaning as that set forth in Health and Safety Code Section 50093 as amended.

"Multifamily rental units"

means those multifamily dwelling units constructed or developed as part of a residential project that the developer intends will be offered for lease or rent or that are customarily offered for lease or rent.

"Residential project"

means:

Any planned development district, subdivision map, conditional use permit or other discretionary city land use approval, which authorized five or more new dwelling units or residential lots, or a combination of five or more residential lots and new dwelling units; or

Contemporaneous construction of four or more new dwelling units on a lot or contiguous lots not within the area of such an approval, if, in the case of contiguous lots, there is evidence of overlapping ownership or control of the lot or lots in question. Construction shall be considered contemporaneous for all units for which, at any one time, a planned unit development, planned community development, subdivision map, conditional use permit or other discretionary city land use approval, or building permit, or application for such an approval or permit, is outstanding, and a final inspection or certificate of occupancy has not yet been issued. Notwithstanding the remainder of this section, any development which has received one or more planned development district, subdivision map, or conditional use permit approval before the effective date of this chapter (October 17, 2005), to the extent dwelling units are constructed pursuant to those approvals without substantial modification of the approvals, shall not be considered a residential project.

A project shall not cease to be a residential project because it receives public assistance, but all assisted dwelling units in a publicly-assisted project which are subject to recorded restrictions that impose rental affordability requirements restricting occupancy to households at or below 50 percent of median income at affordable rents shall not be considered as part of the residential project for purposes of this chapter.

"Very low-income"

has the same meaning as that set forth in Health and Safety Code Section 50105 as amended.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.040 Affordable housing requirement.

All developers engaging in a residential project shall be required to provide affordable housing, dedicate land, or pay in-lieu fees pursuant to this chapter.

For all residential projects that do not require a tentative and final map or a parcel map, the developer shall be permitted to pay an in-lieu fee to satisfy the requirements of this chapter and shall not be required to enter into an inclusionary housing agreement. All in-lieu fees shall be paid prior to issuance of any building permits for the residential project.

For all residential projects that require a tentative and final map or a parcel map, the developer shall enter into an inclusionary housing agreement and provide affordable housing units pursuant to this chapter, unless the city council makes a finding of infeasibility. The inclusionary housing agreement shall be executed and recorded pursuant to this chapter as a condition of approval for any tentative or parcel map.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.050 Procedures for provision of affordable housing.

Compliance. No building permit shall be issued and no use permit, development agreement, final parcel or subdivision map, or agreement with the city approved in connection with any residential project located within the city unless the city manager or his or her designee confirms in writing that either:

The residential project does not require a tentative and final map or a parcel map, and the developer has paid, in full, the in-lieu fees required by this chapter and any resolutions adopted hereunder;

The developer and the city have executed an inclusionary housing agreement, which agreement has been approved by the city council and recorded by the developer with the county recorder; or

The developer has requested in writing a determination of infeasibility, the city council has determined that it is not feasible to require the developer to provide inclusionary units within the residential project, and the developer and the city have executed an inclusionary housing agreement, which agreement has been approved by the city council and provides that the developer will either dedicate land or pay in-lieu fees pursuant to this chapter.

Inclusionary Housing Agreements. Inclusionary housing agreements shall be in a form acceptable to the city, shall require compliance with all applicable terms and conditions of this chapter, and shall include the following:

If the developer is required to construct inclusionary units, the agreement shall indicate: the household income groups targeted; the number, location, tenure of affordability, size and construction schedule of all inclusionary units; and any other information required by the city relating to the obligations imposed by this chapter.

If the developer is permitted to dedicate land for the development of inclusionary units in satisfaction of part or all of its affordable housing requirement, the agreement shall identify the site of the dedicated land and shall provide for the implementation of such dedication in a manner deemed appropriate and timely by the city.

If the developer is permitted to pay an in-lieu fee in satisfaction of part or all of its affordable housing requirement, the agreement shall specify the amount of the fee and the method of payment. No building permit shall be issued until the developer provides written proof of the payment of all in-lieu fees.

If the city council has approved one or more incentives, the agreement shall specify the incentives the city will grant.

Feasibility.

Full compliance with this chapter shall be presumed to be feasible unless the city council expressly determines otherwise in accordance with this section. Any developer seeking a determination of infeasibility and either a reduction or waiver of the affordable housing standards set forth in EMC § 17.50.060(A) or a reduction or waiver of the alternatives set forth in EMC § 17.50.060(B) shall file with the city clerk a written request for such a determination and reduction or waiver no later than the date on which the developer files its application for its first discretionary approval by the city or the time of application for a building permit, whichever is earlier.

All such requests shall be accompanied by a description of the project, a detailed explanation why it is infeasible to satisfy the affordable housing standards set forth at EMC § 17.50.060, a discussion of why each of the available incentives would not adequately reduce the impact of the affordable housing requirement, and any other information the city manager or his or her designee deems necessary or relevant to enable the city council to make a reasoned determination. Failure to provide such information with the original request for a determination of infeasibility shall be deemed a waiver by the developer of any right to dispute feasibility.

A reduction or waiver of the affordable housing requirement may be granted if the project applicant can demonstrate that: (a) the requirement presents an undue hardship that would render the project financially infeasible; (b) the project applicant can demonstrate the absence between the specific impact of the development on the city's housing needs and the affordable housing requirement; or (c) the project applicant can demonstrate that the project would provide units affordable to entry-level households earning up to 120 percent of the median income and that the requirement would raise the cost of the units to price levels that will not be affordable to entry-level households.

Upon receiving a written request for a determination of infeasibility, the city clerk shall transmit the request to the city manager to determine whether it complies with this section. The city council may make a determination of feasibility or infeasibility. If the city council makes a determination of infeasibility, it shall specify whether the requirement will be waived, reduced, or which of the alternatives set forth in EMC § 17.50.060(B) shall apply to the project.

(Ord. 527 § 10, 2010; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.060 Standards for affordable housing units.

Standard Requirements. Except as otherwise expressly provided in this chapter, all developers of residential projects requiring a tentative and final map or a parcel map shall comply with the following:

Number of Inclusionary Units. Ten to 15 percent of all new for-sale units and of all new multifamily rental units in any residential project shall be available to very low-, lower-, and moderate-income households at an affordable housing cost or affordable rent. Subject to the approval of the city council, the city manager shall determine the percentage of units in the residential development that shall be available to very low-, lower-, and moderate-income households.

Mix of Very Low-, Lower-, and Moderate-Income Units. Unless the city expressly and in writing permits otherwise, the developer shall provide very low-, lower-, and moderate-income inclusionary units in equal numbers in the residential project and in each phase of the residential project, if applicable. For residential projects of 10 or fewer units, the developer may choose to pay an in-lieu fee rather than construct the required number of inclusionary units. Subject to the approval of the city council, the city manager may permit a developer to pay an in-lieu fee for any fractional amount.

Location of Inclusionary Units. All inclusionary units shall be built on the site of the residential project unless it is infeasible to construct the units on site as single-family for-sale housing. If it is determined by the city to be infeasible to construct the inclusionary units on site as single-family for-sale housing, the affordable units may be constructed on or off site as either multifamily or single-family rental housing. The inclusionary housing agreement shall specify the location of the inclusionary units.

Timing of Development. Inclusionary units constructed within a residential project and within phases of a residential project shall be constructed concurrently with or prior to the construction of market rate units within the residential project or phase thereof. For any project involving more than one phase, the developer shall include a proportional number of inclusionary units in each phase of the project.

Exterior Appearance. Inclusionary units shall from the exterior be visibly indistinguishable from market rate units and shall be dispersed throughout the residential project in a manner set forth in the inclusionary housing agreement.

Lot Size. Unless the city and the developer agree otherwise in the inclusionary housing agreement, inclusionary units shall be on lots with a total area equal to or greater than the minimum lot size in the residential project, except that duplex units shall have a combined lot size that is equal to or greater than the median lot size in the development.

Development Standards. Inclusionary units shall comply with all applicable development standards except as specifically provided in the inclusionary housing agreement, a development agreement, or the conditions of approval for the residential project.

Alternatives to Development of Inclusionary Units. To the extent the city council determines that full compliance with this chapter is infeasible, the city council may permit the developer to meet all or a portion of its obligations through one or more of the following alternatives:

Land Dedication.

A developer may make an irrevocable offer to dedicate land within the residential project to the city or a nonprofit developer of affordable housing approved by the city. The land offered for dedication shall have a value, as established by an independent appraisal performed by an appraiser selected or approved by the city, which equals or exceeds the product of the number of inclusionary units for which the developer proposes to substitute dedicated land multiplied by the per-unit in-lieu fees in effect at the time of the offer to dedicate.

The developer must identify the land to be dedicated at the earliest possible date, but in no event later than the date on which the developer files its application for its first discretionary approval by the city or the time of application for a building permit, whichever is earlier. The land offered as a substitute for multifamily rental inclusionary units shall be suitable for development of multifamily rental units, and land offered as a substitute for for-sale inclusionary units shall be suitable for development of for-sale units. Development of such units shall be consistent with the city's general plan designation applicable to the land offered for dedication.

The city council may approve, conditionally approve, or reject any such offer of dedication. If the city rejects the offer, the developer shall be required to meet the obligations of this chapter by other means set forth in this chapter.

In-Lieu Fees.

The developer may meet its obligations under this section through the payment of in-lieu fees if the developer demonstrates to the city council's satisfaction that, due to special circumstances pertaining to the physical characteristics and location of the residential project, development of inclusionary units or the dedication of land is not feasible and would cause undue hardship.

The city council shall, by resolution reviewed annually, adopt parameters for calculating per unit in-lieu fees. These parameters shall reflect the total estimated cost to the city of developing the inclusionary units otherwise required by this section. In-lieu fees paid pursuant to this section shall be deposited into the housing trust fund.

In-lieu fees shall be paid in full prior to the issuance of the first building permit for the residential project. In-lieu fees shall be calculated based on the parameters in effect at the time of the first application for a building permit in connection with the residential project.

Incentives. The city council may grant one or more of the following incentives to assist a developer with its provision of inclusionary units pursuant to this chapter.

Density Bonus. If a residential project does not qualify for a density bonus and/or incentives pursuant to Chapter 17.48 EMC, the developer may request that the city council grant a density bonus of either one additional market rate unit for each two inclusionary units constructed, or one additional market rate unit for every 10 units of in-lieu fees collected.

Fee Waiver. A developer may request a partial or full waiver of any city processing fees related to planning, public works, and/or building permits.

Fee Deferral. A developer may request a deferral of any city impact fees or processing fees related to planning, public works, and/or building permits until either issuance of a certificate of occupancy or six months after building permit issuance, whichever occurs first.

Waiver of Development Standards. A developer may request a waiver or modification of city development standards.

Financial Assistance. A developer may request that the city provide assistance in obtaining federal, state, or local financing and/or subsidies, or certain funds which may be available to promote or assist in the development of affordable housing.

(Ord. 527 § 10, 2010; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.070 Duration of affordability restrictions and notice of conversion of affordable units.

All inclusionary units shall remain affordable for a period of not less than 50 years, and the deeds for all inclusionary units shall include such restrictions. The inclusionary housing agreement to be recorded by the developer shall require such affordability restrictions. In addition, for each inclusionary unit the purchaser shall, prior to the initial sale of the unit, execute and record a regulatory agreement in a form to be provided by the city.

All owners of affordable housing that receives federal, state, or local assistance, or owners of affordable rental units that have been constructed pursuant to this chapter, shall comply with the following requirements:

If an owner intends to terminate rent subsidies, terminate provision of rental units at affordable rents, or otherwise convert affordable housing units to market rate units, the owner shall send notices of intent, in a form consistent with the requirements of California Government Code Section 65863.10, at least 12 months prior and six months prior to any conversion of affordable units to market rate. The notices of intent shall be sent to all affected tenant households and to all affected public agencies, including the City of Escalon, the San Joaquin housing authority, and department of housing and community development.

The City of Escalon and the San Joaquin housing authority shall be sent a copy of any exclusive notice of opportunity to submit an offer to purchase required pursuant to California Government Code Section 65863.11.

(Ord. 527 § 10, 2010; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.080 Occupancy requirements.

For-Sale Inclusionary Units. Any person who purchases a for-sale inclusionary unit shall occupy that unit as his or her principal residence. The purchaser shall comply with all the terms and conditions contained within the covenants set forth in the inclusionary housing agreement restricting the affordability and resale of the unit. Failure by the purchaser to maintain eligibility of the inclusionary unit for homeowner's property tax exemption shall create a conclusive presumption that the inclusionary unit is not the primary place of residence of the purchaser and shall be a violation of this chapter.

Multifamily Rental Inclusionary Units. Any person who rents a multifamily rental inclusionary unit shall occupy that unit as his or her principal residence and shall report any changes in income immediately to the owner of the unit.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.090 Priority.

The allocation of available affordable housing units to eligible persons shall be determined by the city pursuant to this section.

The city shall maintain a waiting list of eligible persons wishing to purchase an affordable housing unit. To be placed on the waiting list, an applicant must submit to the city clerk an application which shall include at least the following information:

The name of each member of the household applying for an affordable housing unit;

The applicant's current address and telephone number;

The dates each member of the household has resided in the city;

The name and address of the employer, if any, for each member of the household; and

The job title for each member of the household currently employed as a full-time police officer, firefighter, or EMTP within the city, if applicable.

Applicants shall at all times bear the burden of demonstrating that they qualify for very low-, lower-, or moderate-income housing and, if applicable, that one or more members of the household currently live in the city and have lived in the city for the past two years, have lived in the city for five of the last 10 years, currently work in the city, and/or currently work as a full-time police officer, firefighter, or EMTP in the city. The city manager or his or her designee may, at any time, request that an applicant provide evidence in this regard. Failure to provide such evidence within a reasonable time shall result in disqualification from the waiting list for a period of one year.

Applicant eligibility screening shall be required through a city-approved lender certification process or by the developer in a manner approved in writing by the city manager. Applicants who are not deemed eligible for inclusionary housing units shall be removed from the waiting list.

In allocating available affordable housing units, the city shall give priority to those individuals who currently live within the city and have lived in the city for the past two years, have lived in the city for five of the last 10 years, currently work within the city, and/or currently work as a full-time police officer, firefighter, or EMTP in the city.

Each time an affordable housing unit becomes available, the city shall consult the waiting list to determine if there are any applicants who qualify for one or more of these four priority groups.

If there are applicants on the waiting list who qualify for one or more priority groups, the city shall compile a list of those priority applicants and assign each applicant one or more tickets for a lottery. Each applicant shall receive one ticket for each of the following categories that apply:

One or more members of the household currently live within the city and have lived within the city for the past two years;

One or more members of the household have lived in the city for five of the last 10 years;

One or more members of the household currently work within the city; and

One or more members of the household currently work as a full-time police officer, firefighter, or EMTP within the city.

If there are no applicants on the waiting list who qualify for one or more priority groups, the city shall conduct a lottery among all applicants on the waiting list, with each applicant receiving one ticket for the lottery.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.100 Housing trust fund.

Moneys deposited in the housing trust fund, including any accrued interest thereon, shall be expended exclusively for the development of new or substantially rehabilitated dwelling units that are available at an affordable housing cost or an affordable rent to households of very low-, lower-, and moderate-income and that are subject to the deed-restriction requirements set forth in EMC § 17.50.070.

(Ord. 495 § 1, 2005; Ord. 557 § 1 (Att. A), 2016; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.110 Fees.

The city council may, by resolution, establish reasonable fees and deposits for the processing of applications and the administration of this chapter.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.120 Violation.

Any person who violates or fails to comply with any provision or requirement of this chapter shall be deemed guilty of an infraction or a misdemeanor and shall be subject to the provisions of EMC § 8.20.250.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50.130 Severability.

If any section, subsection, sentence, clause, or phrase of this division is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this division. The council declares that it would have adopted this division, including every section, subsection, sentence, clause, and phrase, irrespective of whether one or more sections, subsections, sentences, clauses, or phrases is held invalid.

(Ord. 495 § 1, 2005; Ord. 562 § 3 (Exh. A), 2017)

§ 17.50A.010 Findings.

The public welfare requires the city to take action to ensure that emergency shelters are accommodated within the city.

California Government Code Section 65583 requires the city to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit.

California Government Code Section 65583 permits the city to establish specific written, objective standards for emergency shelters. The standards established under EMC § 17.50A.020 have been prepared in compliance with state law.

(Ord. 557 § 1 (Att. A), 2016)

§ 17.50A.020 Emergency shelter standards.

Limitation on Location. An emergency shelter may be established within the M-1 or M-2 zoning districts.

Permit Requirement. Construction of a new structure or exterior modification of an existing structure for an emergency shelter in the M-1 or M-2 zoning district shall be subject to a ministerial design review process. The development services manager (manager) will review the design and site plan to ensure compliance with the standards established for the zoning district and with the development standards established in this section.

Zoning Requirements and Standards. Except as otherwise set forth in this section, all emergency shelters shall comply with the land use regulations for the zoning district in which the emergency shelter will be located.

Development Standards. An emergency shelter shall comply with the following standards:

Occupancy. The maximum number of beds or persons permitted to be served nightly by an emergency shelter, or any combination of emergency shelters in the city, shall not exceed eight persons or the unsheltered need identified in the adopted housing element, whichever is greater.

Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

Location. No emergency shelter shall be located within 300 feet of another emergency shelter. Emergency shelters shall not be required to be more than 300 feet apart.

Management Plan. Prior to the manager's decision, the operator of the emergency shelter must submit to the planning department a written management plan. As a minimum, the management plan shall include and address the following:

Procedures for staff training to meet the needs of the shelter residents, and have processes to address the following topics: client intake, confidentiality, health and safety training, mental health, and substance abuse treatment and referrals;

Operational rules and standards of conduct for residents, including policies prohibiting the use or possession of controlled substances by residents, rules concerning the use or possession of alcohol, curfew, prohibition of loitering, and any other provisions necessary to ensure compatibility with surrounding uses;

Policies and procedures for eviction from the facility for violation of rules and standards of conduct;

A detailed safety and security plan to protect shelter residents and surrounding uses;

A process for resident screening and identification;

Provisions for on-site or partnerships with off-site organizations to provide job training, counseling, and treatment programs for the residents;

Services to assist residents with obtaining permanent shelter and income;

If applicable, timing and placement of outdoor activities;

Location within the facility for temporary storage of residents' personal belongings;

Provisions for continuous on-site supervision during hours of operation. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.;

If applicable, procedures for ensuring safety and security of women and children within the facility;

The exterior of the building must be kept in a good state of repair and the exterior finish and landscaping must be kept clean and well maintained. Each site shall be kept in a neat and orderly manner, free of weeds, loose trash, debris and other litter, including but not limited to shopping carts;

Organized outdoor activities on the site may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.;

Employees, partners, directors, officers, managers, and similar persons shall be screened prior to occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:

A crime requiring registration under Penal Code Section 290;

ii.

A violation of Penal Code Section 311.2 or 311.4 through 311.7;

iii.

A violation of Penal Code Sections 313.1 through 313.5;

iv.

A violation of Penal Code Section 647(a), (b), or (d);

A violation of Penal Code Section 315, 316, or 318;

vi.

A felony crime involving the use of force or violence on another; or

vii.

The maintenance of a nuisance in connection with the same or similar business operation.

The management of the emergency shelter shall effectuate a background investigation on all employees to the satisfaction of the chief of police.

Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:

Commercial kitchen facilities;

Dining area;

Laundry room;

Recreation or meeting room;

Outdoor recreational spaces; provided, that the space is located within a building interior courtyard or is enclosed by a building, solid fence, or wall or some combination thereof to secure the space and ensure that it is not accessible to the general public;

Animal boarding and related veterinary services for current residents of the facility only; and

Child care facilities for current residents of the facility only.

Client Intake Areas. An enclosed intake area shall be provided within the emergency shelter building. The intake area shall be a minimum of 120 square feet in size, located entirely within the building. The intake hours shall be posted clearly on the doors to the emergency shelter. Clients shall be allowed to wait in an interior or exterior waiting area that shall not exceed 200 square feet. Clients shall not loiter nor form a queue outside of the exterior waiting area.

Parking. Each emergency shelter shall have a minimum of two off-street parking spaces plus the greater of either: (a) one additional off-street parking space for each 10 beds, or fraction thereof, or (b) one additional parking space per employee.

Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, entrances and exits, common outdoor areas, and at the front of the building. All lighting shall be maintained in good operating condition and shall be fully-shielded.

On-Site Security. Security measures shall be reviewed and approved by the chief of police prior to commencement of operations on the site and shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency shelter is in operation and at all times when clients are present on site. In the event that five or more calls for police services have been received over a 30-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the development services manager.

10.

City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county, and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical, and other supportive services provided on site.

(Ord. 557 § 1 (Att. A), 2016)

Escalon City Zoning Code

Division IV

§ 17.41.010 Purpose.

§ 17.41.020 Building site area.

§ 17.41.022 Corridor/flag lots.

§ 17.41.025 Development standards – General.

§ 17.41.030 Fences, hedges and walls.

§ 17.41.040 Height limits – Exceptions.

§ 17.41.050 Home occupations.

§ 17.41.060 Large family day care homes.

§ 17.41.065 Lighting.

§ 17.41.070 Manufactured housing units.

§ 17.41.080 Outdoor display of merchandise.

§ 17.41.090 Outdoor storage.

§ 17.41.100 Private school – Criteria for establishment and operation.

§ 17.41.110 Public utilities.

§ 17.41.120 Projections allowed into yards.

§ 17.41.130 Rooftop equipment.

§ 17.41.140 Accessory dwelling units.

§ 17.41.150 Storage of construction equipment.

§ 17.41.160 Storage on vacant lots.

§ 17.41.170 Street improvements.

§ 17.41.180 Swimming pools.

§ 17.41.190 Temporary construction buildings.

§ 17.41.195 Temporary structures (other than construction buildings).

§ 17.41.200 Trash, garbage, and recycling container enclosures.

§ 17.41.210 Utility stations.

§ 17.42.010 Purpose.

§ 17.42.020 Definitions.

§ 17.42.030 Prohibited signs.

§ 17.42.040 General regulations regarding signs.

§ 17.42.050 Signs not requiring a sign permit.

§ 17.42.060 Administration.

§ 17.42.070 General location, height and area standards.

§ 17.42.080 Design, material, construction and maintenance standards.

§ 17.42.090 Street address signs.

§ 17.42.100 Zone regulations – All zones.

§ 17.42.110 Zone regulations – Residential zones.

§ 17.42.120 Zone regulations – Nonresidential zones.

§ 17.42.130 Off-site directional signs.

§ 17.42.140 Subdivision signs.

§ 17.42.150 Temporary construction signs.

§ 17.42.160 Public interest signs.

§ 17.42.170 Open house signs in residential districts.

§ 17.42.180 Temporary noncommercial signs.

§ 17.42.190 Gasoline price signs.

§ 17.42.200 Comprehensive signage program.

§ 17.42.210 Nonconforming signs.

§ 17.42.220 Violations – Removal of illegal signs on public property.

§ 17.43.010 General requirements.

§ 17.43.020 Number of off-street spaces required.

§ 17.43.030 Alternating use of parking spaces.

§ 17.43.040 Modification of off-street parking requirements.

§ 17.43.050 Development standards.

§ 17.43.060 Temporary parking lots.

§ 17.43.070 Loading spaces.

§ 17.43.080 Requirements of downtown parking district.

§ 17.44.010 Purpose.

§ 17.44.020 General landscaping requirements.

§ 17.44.030 Landscaping requirements for specific districts.

§ 17.44.040 Landscaping maintenance requirements.

§ 17.45.010 Purpose.

§ 17.45.020 Minor exceptions.

§ 17.46.010 Purpose.

§ 17.46.020 Nonconforming status.

§ 17.46.030 Continuation of existing uses.

§ 17.46.040 Duration of nonconforming use status.

§ 17.46.050 Duration of nonconforming building status.

§ 17.46.060 Repairs, alterations and maintenance.

§ 17.46.070 Change of use.

§ 17.46.080 Cessation of use.

§ 17.46.090 Modification of a nonconforming use.

§ 17.46.100 Proceedings to determine that a nonconforming use is no longer lawful.

§ 17.46.110 Restoration of damaged nonconforming structures.

§ 17.46.120 Expansion of nonconforming uses and buildings or other structures.

§ 17.46.130 Rules governing the expansion of nonconforming buildings.

§ 17.46.140 Nonconforming lots.

§ 17.47.010 Purpose.

§ 17.47.020 Definitions.

§ 17.47.030 Nuisance.