Specific Purposes: The performance standards established in this section apply in all commercial and industrial zones. These standards are intended to assure that all commercial and industrial operations carried out in the city are conducted in such a manner so as to avoid any nuisance, hazard or commonly recognized offensive condition or characteristic adverse to the public health, safety, and general welfare.

Prohibition Of Dangerous Or Objectionable Elements: No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable, explosive or other hazard. Nor shall any use create noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold or dampness; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to unreasonably adversely affect the surrounding area or adjoining premises.

Performance Standards: The following performance standards shall apply to all uses of property in the commercial and industrial zoning districts specified in chapters 12.76, 12.80, 12.84 and 12.88 of this title.

Intent. The intent of this section is to allow accessory dwelling units (ADU) and junior accessory dwelling units (JADU) that:

Permit Required.

Processing Time and Submittal Requirements.

Density and Consistency. An ADU that conforms to the requirements in this section shall (Cal. Gov't. Code § 66314(c)):

Development and Operational Standards.

Rental and Sale Limitations.

Fee Requirements.

Conditions for Nonconforming Uses and Structures.

Number of ADUs or JADUs Permitted Per Legal Parcel or Lot. An application for a permit to establish an ADU or JADU that meets at least one of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this chapter (Cal. Gov't. Code § 66317(a)).

Detached ADUs.

Attached ADUs.

Junior Accessory Dwelling Units.

Accessory Buildings Allowed: In residential zones (identified by this chapter), accessory buildings located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and freestanding patio covers are allowed.

Development Standards: The following development standards shall apply to all accessory structures and uses in all residential districts:

General Restrictions: 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.

Architectural Features: Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend into any yard a distance not exceeding two feet (2').

Porches; Fire Escapes: Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet (6') and into any required side yard a distance not exceeding one-half (1/2) the width of the required side yard.

Decks And Patios: Decks and patios structurally supported entirely by earth at no higher than natural grade may extend into a side or rear yard to within one foot (1') of any property line.

Storage Sheds: If building permits are not required, storage sheds less than one hundred twenty (120) square feet in size and less than twelve feet (12') in height shall be allowed in rear and side yards if more than five feet (5') away from any property line.

Swimming Pools; Gazebos: Swimming pools, spas, trellises, arbors and gazebos shall be allowed in rear and side yards if more than five feet (5') away from any property line.

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

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

Front Yards: In any district where fifty percent (50%) or more of the lots on one side of any block have been improved with buildings other than accessory structures, the required front yard for lots located on that side of the block shall be a depth equal to the average of the actual unobstructed front yards of the lots so improved, but not more than the minimum front yard specified for the district. When computing the average depth of the lots, the actual unobstructed front yard of each lot shall be deemed to be equal to the minimum front yard specified for the zoning district unless a lesser depth has been recognized as lawful by the planning commission. This subsection shall control over any other front yard requirements set forth in this code to the extent such other requirements are inconsistent with this subsection.

Fences, Walls And Hedges:

Intent: The intent 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.

Review And Approval Of Home Occupation Permit: A person conducting or intending to conduct a home occupation shall apply for a home occupation permit from the planning director in accordance with the procedures set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the planning director. When the planning director has determined that a person 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 planning director.

Rules For Conducting Home Occupation: The following rules shall apply to each home occupation:

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

Screening:

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 I district.

Density Standards: No use permit shall be approved for a new private school (institutional) within three hundred feet (300') 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 eight hundred (800) square feet for each student served by the facility.

Off Street Loading: Off street loading and delivery areas shall be provided for each facility that has a capacity to serve thirteen (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.

Rezoning Costs: The school district shall be charged for the administrative costs of such rezoning.

Zoning Criteria: If all of the public entities enumerated in California Education Code section 17489 decline a school district's offer to sell or lease school property pursuant to the California Education Code section 17485, the city or county having zoning jurisdiction over the property shall, upon request of the school district, zone the school site as defined in California Education Code section 17487, consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site.

Land Use Control: The school site shall be given the same land use control treatment as if it were privately owned.

Limitation On City Authority: In no event shall the city, prior to the school district's sale or lease of the school site, rezone the site to open space, park or recreation, or similar designation unless the adjacent property is so zoned, or if so requested or agreed to by the school district.

School District Reimburse City: A school district that requests a zoning change pursuant to this section shall, in the fiscal year in which the city incurs costs in effecting the requested zoning change, reimburse the city for the actual costs incurred by it.

Applicability: This section is enacted pursuant to the provisions of section 65852.3 of the Government Code and applies only to manufactured dwellings placed on permanent foundation systems on lots zoned for single-family dwellings. This section does not apply to mobile homes within an approved mobile home park.

Permitted Use: A manufactured dwelling is permitted as a residential dwelling on any lot zoned for single-family residential use, provided it meets all of the requirements of this section and subject to first obtaining a site plan permit pursuant to chapter 12.20 of this title.

Eligibility: A manufactured dwelling qualifies under the provisions of this section only if:

Criteria To Be Applied: In order to approve an application for the establishment or placement of a manufactured dwelling pursuant to this chapter, the planning director must find that the proposed manufactured dwelling meets all of the following criteria for neighborhood compatibility:

The planning director may not impose more stringent criteria or conditions than those contained in this subsection.

Building Permit Requirements: Prior to the issuance of a building for the establishment or placement of a manufactured home on a foundation system pursuant to this section, the owner or contractor shall provide the building official with all of the documents and information, and shall pay all of the fees required by section 18551 of the Health and Safety Code, in addition to complying with all other requirements for a building permit.

Prohibition On Removal: Once installed on a foundation system in compliance with the provisions of this section and with section 18551 of the Health and Safety Code, a manufactured home shall be deemed a fixture and a real property improvement to the property to which it is affixed. Physical removal of the manufactured dwelling shall thereafter be prohibited without the consent of all persons or entities who, at the time of such removal, have title to any estate or interest in the real property to which the manufactured dwelling is affixed.

Whenever a parcel is the subject of an application for a zoning approval, such approval shall require that street improvements including curb gutter, sidewalks, and street trees are repaired, replaced or if lacking, installed by the property owner on the property's street frontage(s) consistent with city codes and standards and the California building code.

Reflective, flashing or moving signs, except for signs subject to section 12.116.125 or public service time and temperature signs which shall not be flashing, animated or revolving in nature.

Portable signs, except for open house signs, political signs, and special event signs that comply with the regulations of this section.

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

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, excepting those that may be approved subject to sections 12.116.120 and 12.116.125.

Window signs, except as provided in section 12.116.050B11, or approved as part of a sign permit pursuant to section 12.116.060.

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 section.

Compliance With District Regulations: All signs shall comply with the particular regulations of the district in which they are located. Additional sign height may be allowed subject to review and approval of a conditional use permit.

Compatibility With Surroundings: The design, color, and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property or in the vicinity or neighborhood where sign compatibility is a policy decision.

Site Restriction: All signs shall be located on the same site as the use they identify or advertise, except off-site directional signs as described in section 12.116.130, temporary subdivision signs as described in section 12.116.140, public interest signs as described in section 12.116.160, open house signs as described in section 12.116.170, temporary political signs as described in section 12.116.180, and off-site advertising billboard signs in section 12.116.125.

Sign Projection: No sign shall extend above the ridgeline of a building, nor project more than thirty inches (30") from the outside wall of a building, nor more than twelve inches (12") 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 (9') above grade. Off-site advertising billboard signs as described in section 12.116.125, not attached to a building, shall be exempt to this provision.

Illumination Generally: Light produced by an off-site advertising sign should not exceed 0.3 footcandles over ambient light levels. Measurement should be taken utilizing a footcandle meter from two hundred fifty feet (250') perpendicular to the face of the digital sign.

Illumination Near Residential Districts: Illuminated signs with a brightness more than thirty (30) foot-lamberts shall not be erected nearer than fifty feet (50') from any point in a residential district unless the face of the sign is not visible from the residential district.

Size Of Letters: Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than eighteen inches (18") in any dimension, except that in the I district, letters of sixty inches (60") may be permitted. Off-site advertising billboard signs are exempt from this provision.

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

Construction Standards: All signs shall be constructed in such a manner as to protect the public safety. Construction standards shall be as set forth in the latest edition of the Uniform Building Code as adopted by the city.

Freestanding Signs: Except as otherwise expressly provided in this section, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be freestanding. Where freestanding signs are allowed, freestanding signs shall not exceed ten feet (10') in height except for off-site advertising billboards and as otherwise provided in this chapter.

Roof Signs: Roof signs must:

Signs Suspended From 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 (8') above grade.

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 section 12.116.070.

Permit Required: No person shall place, erect, install, or maintain any sign in the city without first obtaining a sign permit pursuant to this chapter, unless such sign is exempted under the provisions listed in subsection B of this section.

Exemptions: Except in the case of illuminated signs or any signs that are subject to approval by the city under the terms of any sign program or as a condition of any building site approval, use permit, variance or other approval granted by the city, the following signs shall be exempted from the requirement of a permit:

Action By City: Application for a sign permit hereunder shall be made to the planning director on such form as he/she may prescribe.

Information Required: The application shall contain the following information:

That the sign complies with the regulations of this chapter and the regulations of the district in which it will be located;

That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area;

That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs; and

That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area.

An identification sign, not exceeding twenty four (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 bulletin board, not exceeding twenty (20) square feet in area and ten feet (10') in height, on the site of a school or religious institution. Such bulletin board may be freestanding.

An identification sign, not exceeding sixteen (16) square feet in area, on the site of a multi-family dwelling. Such sign may be freestanding.

A nameplate, not exceeding one square foot in area, pertaining to a home occupation.

A nonilluminated real estate sign, not exceeding six (6) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4') in height.

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

Temporary subdivision signs, subject to the regulations prescribed in section 12.116.140.

Temporary construction signs, subject to the regulations prescribed in section 12.116.150.

Public interest signs, subject to the regulations prescribed in section 12.116.160.

Open house signs, subject to the regulations prescribed in section 12.116.170.

Temporary political signs, subject to the regulations prescribed in section 12.116.180.

Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

On-Site Directional Signs: On-site directional signs, each not exceeding three (3) square feet in area and five feet (5') in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

Identification Signs On The Site Of Public Building: An identification sign, not exceeding twenty four (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 sign may be freestanding.

Multiple Buildings On A Single Site: Where multiple buildings are located upon a single site which is three (3) acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this section:

Unlighted Real Estate Sign: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such event shall not exceed eight feet (8') 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.

Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section 12.116.150.

Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160.

Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section 12.116.180.

Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190.

Off-Site Directional Signs: Off-site directional signs, subject to the regulations prescribed above.

On-Site Advertising Signs: On-site advertising signs, subject to the regulations in section 12.116.125.

Identification Signs: Identification signs that comply with any one of the following standards:

On-Site Directional Signs: On-site directional signs, each not exceeding three (3) square feet in area and five feet (5') in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10') in height, on the site of a religious institution. Such bulletin boards may be freestanding.

Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4') in height.

Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section 12.116.150.

Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160.

Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section 12.116.180.

Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190.

Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such event.

Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (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 thirty (30) days.

Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

On-Site Directional Signs: On-site directional signs, each not exceeding three (3) square feet in area and five feet (5') in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10') in height, on the site of a religious institution. Such bulletin boards may be freestanding.

Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such an event it shall not exceed four feet (4') in height.

Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section 12.116.150.

Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160.

Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section 12.116.180.

Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190.

Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such an event.

Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed for more than thirty (30) days.

Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

Single Use Signs: Single use signs that do not exceed seventy two (72) square feet in area and thirty five feet (35') in height.

Shared Use Signs: Unless an off-site advertising sign subject to section 12.116.125, and under lease agreement with the City of Gonzales, shared use signs that advertise more than one business and that are within one hundred feet (100') of Highway 101 may have the following dimensions in order to be more visible from the freeway:

Off-site advertising billboard signs are permitted in the industrial district only in areas visible to Highway 101 travelers, and the following standards shall apply:

On-Tract Signs: One sign, not exceeding twenty four (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 (6) 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 Directional Signs: Not more than two (2) directional signs, each facing a different direction and each not exceeding eighteen inches by thirty inches (18" × 30") 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 temporary subdivision signs may be issued at any time after recordation of the final subdivision map, and shall be for a term not exceeding one year. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one additional year may be approved by the planning director.

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 fifteen (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 no temporary 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. The sign permit shall expire six (6) months following the date on which such permit was issued or upon the sooner completion of construction. The sign shall be removed on expiration of the permit unless prior to expiration the sign permit is renewed on approval of the planning director, which renewal shall in no event be for a period in excess of an additional six (6) months. The sign permit shall not thereafter be further renewed.

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 fifty (50) square feet.

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

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

Removal: A temporary political sign shall be completely removed not later than five (5) days after the date of the election to which it relates.

The sign shall advertise not more than the four (4) major grades of motor vehicle fuel offered for sale.

The numerals designating the price of motor fuel shall not exceed six inches (6") in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches (2") in height, unless otherwise approved by the planning commission.

The area of the sign shall not exceed ten (10) square feet unless the applicant demonstrates, to the satisfaction of the planning commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of California Business and Professions Code section 13532.

Submittal Of 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, including, but not limited to, signs identified in sections 12.116.090 and 12.116.100. 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 planning director. The comprehensive signage program shall contain the following:

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

Waiver Of Limitations: Specific dimensional limitations specified in this chapter may be waived upon determination by the planning director that the submitted sign(s) meet the intent of the standards and guidelines and result in both a functionally and aesthetically superior design.

Intent: The intent of this section is to regulate the use and removal of nonconforming, unlawful, and abandoned signs.

Modifications: The following modifications to nonconforming signs are allowed:

Record Of Nonconforming Signs: The planning director shall prepare a list of all signs in the city, which are nonconforming signs.

Mailing Of Notices: The planning director 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:

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 planning director 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 planning director shall promptly mail a proper notice 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 subsection E of this section and is effective to start the time period provided in subsection F of this section.

Effect Of Mailing Of Notices: Notice mailed as provided in subsection D of this section 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, no failure to give notice shall 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 (5) years and then must be removed. Billboards that become nonconforming shall be nonconforming for fifteen (15) years and then must be removed. Off-site advertising billboard signs subject to an adopted lease agreement with the city, shall be governed by the provisions for removal and nonconformity contained therein.

Procedures Concerning Subsequent Nonconforming Signs: Within six (6) months of the date when a sign becomes a nonconforming sign, the planning director 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 ten (10) days' written notice by the planning director, or duly appointed deputy, to so maintain such signs, the planning director shall have the sign removed at the owner's expense.

Each Sign A Separate Violation: Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.

Sign Removal Authorized: The planning director or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.

Notice To Owner: The planning director 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.

Retrieving Sign; Payment Of Fees; Request Hearing: Any unlawful sign removed by the planning director pursuant to this chapter shall be retained by him/her for a period of at least ten (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 fifty dollars ($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.

Destruction Of Abandoned Sign: Any sign not retrieved within the ten (10) day period specified in subsection D of this section shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the planning director. The city shall have the right to recover from the owner of such sign all removal and destruction costs.

Enforcement: The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under chapter 5.20, Public Nuisances, by reason of the same violation.

Provide standards and requirements for off street automobile parking spaces for every building and use. No building or structure shall hereafter be erected or altered unless there is already in existence, or unless provision therefor is made concurrently with such erection or structural alteration or new use, the number of parking spaces necessary to meet the minimum requirements hereinafter set forth; and

Provide off street spaces for parking of the automobiles of tenants of the premises, and for visitors, clients, customers, employees and callers. Such spaces are required to be kept accessible for these purposes continuously, and the use of any such required space or spaces, or of any driveway or maneuvering space necessary to provide access, for the storage of boats, vehicle trailers or goods of any kind shall constitute discontinuance thereof, in violation of section 12.120.030 of this chapter.

Width And Length: Every required parking space shall have a width not less than nine feet (9') and a length not less than eighteen feet (18'), exclusive of maneuvering space and driveways which shall be provided as required herein, to make each parking space independently accessible from the street at all times.

Allow Reduction: The planning director may, at his discretion, allow reduction of up to ten percent (10%) of the required parking spaces to eight feet by sixteen feet (8' x 16') in size for accommodation of compact sized cars. Backup and maneuvering space may be reduced proportionately, subject to approval of the planning director.

Use Of Yards: No parking space shall occupy any front yard, or any required street side yard of a corner lot, or in a required rear yard on a double frontage lot.

Same Site Location; Exception: Except in the downtown mixed use district and when section 12.120.120 of this chapter applies, off street parking facilities shall be located on the same site, or shall be located no more than three hundred feet (300') away and with reasonable access from the use for which the spaces are required.

Entrance In Forward Direction: Parking areas shall be designed so that vehicles may enter public streets in a forward direction.

Additions to residential driveways, including provision of additional parking or driveway area after original construction requires approval by the city of a separate site plan permit.

Driveway additions shall not extend beyond the projection of the garage or carport wall on the side of the garage or carport closest to the front of the residence and its entry, or into the main portion of the front yard. The main portion of the front yard shall remain in landscaping to help maintain the aesthetic appearance of the residence and neighborhood. Where driveways were originally located in front of the main living portion of a residence, such driveways may not be enlarged or widened.

Additions to existing driveways shall be allowed so long as the resulting driveway and any contiguous paved or surfaced area within the front or street side yards do not exceed a maximum of twenty seven feet (27') in total width.

Driveway additions shall be directly adjoining and part of an existing approved driveway and shall not be permitted as separate, detached parking pads.

Where the number of spaces is less than four (4), or where the movement of vehicles is limited to a single direction, the access driveway width shall not be less than twelve feet (12').

Where parking spaces for four (4) or more cars are designed to lie on either side or on both sides of an access aisle, the width thereof shall be:

Bicycle Racks: Bicycle racks conforming with the city standards for the number of spaces, design, and location shall be provided in any parking area in the highway and neighborhood commercial districts. Individual bicycle parking spaces shall be provided at a ratio of one bike space for every ten (10) vehicle spaces, with a minimum of one space.

Access By Physically Handicapped: As required by the building code, special provisions for access by the physically handicapped from public rights of way, across intervening spaces and into structures, including parking facilities specifically designed and located for the use of the handicapped, shall be required. Standards for such facilities shall be based on the standards of the American Standards Association and/or other applicable guidelines.

Planting Requirements: All off street parking areas, except for those for single-family and two-family residences on individual lots, shall be provided with a minimum of ten percent (10%) of the area of the lot planted with live plant material. Trees not less than five feet (5') in height and fifteen (15) gallon container in size shall be planted throughout the lot and along any street frontage.

Curbs, Wheel Stops And Markings: Curbs, wheel stops, and markings for parking lots and spaces shall be provided as follows:

Screening Required: Wherever the exterior boundary of an open parking area providing space for four (4) or more automobiles is less than ten feet (10') from any lot in an R district, such area shall be screened by a solid masonry wall having the maximum height permitted by this title; provided however, that where a lot is used for a parking facility required for a use or building on an abutting lot in the same ownership, no separating wall shall be required.

Lighting: Lighting of parking spaces shall be so arranged as to be directed downward and away from any residential area.

Street Side Planter:

Shade Trees: Shade trees shall be planted in the parking lot at a ratio of one tree for every four (4) spaces. Trees shall be dispersed on a generally equal basis throughout the parking lot to maximize the shading effect on the parking stalls. The landscape planter providing for any required tree shall have a minimum area of eighty (80) square feet and a minimum width of five feet (5'). To qualify as parking lot shade trees, the trees must be within seven and one-half feet (7 1/2') of a parking space or driveway aisle and must not be located within the public right of way. A parking space shall not be more than fifty feet (50') from a shade tree. The planting plans shall be submitted with the building permit application and shall illustrate how the trees are to be irrigated and protected. The minimum size of each tree to be planted shall be a fifteen (15) gallon size. In those instances where parking is proposed underground or within a building, the tree to parking space ratio shall be 1:10. Said trees shall be planted within street frontage planters or within other landscaped areas in the development.

Parking Lot Interior Landscape: The interior of all parking lots is to be landscaped at a ratio of five percent (5%) of the total parking area plus all other areas not designated for parking or circulation. For each additional space provided which exceeds the minimum parking requirement by more than five (5) spaces or ten percent (10%), whichever is greater, eighty (80) square feet of landscape shall be provided for each excess space. The total required interior landscape area shall be evenly distributed throughout the parking areas. This requirement does not apply to parking lots that are underground or within buildings. Landscape areas that may be applied towards the required parking lot interior landscape area must have a minimum dimension of four feet (4'), be surrounded by or within seven and one-half feet (7 1/2') of a parking space or the aisle or pedestrian walkway serving it, or be within the required street side landscape area adjacent to a parking space or aisle serving it. Landscape within a public right of way or in excess of the required street side landscape addressed in subsection C of this section, may, at the discretion of the planning director, count toward meeting the minimum requirement. No more than twelve (12) parking spaces may be constructed in a row without separating the spaces with a landscape planter. Rows of parking spaces shall be separated from adjoining driveways with landscape end islands or peninsulas that are a minimum width of eight feet (8'). When calculating landscape area or width minimums, the area of the protective shrubbery shall not be included.

Pavement Edge And Planter Protection: Landscaped areas and pavement edges in all multiple-family, commercial, and industrial zones shall be protected from damage and deterioration by the placement of six inch (6") high, securely anchored, continuous curbs or equivalent arterials which have a minimum width of six inches (6").

Single-Family Dwellings: Every single-family dwelling shall be provided with at least two parking spaces. Spaces shall be covered by completely enclosed garage or by carport.

Multi-Family Dwellings: Required parking spaces for multi-family dwellings shall be:

Required: Any structure having a floor space of ten thousand (10,000) square feet or more, which is to be occupied by a manufacturing plant, storage facilities, warehouse facilities, goods display, retail store, wholesale store, markets, hotels, hospital, mortuary, laundry, dry cleaning establishment, or other uses 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 twenty thousand (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:

Generally.

Requirements. The following types of proposed development shall include the installation and maintenance of landscaping as required by this section and section 12.120.100:

Review and Approval of Plan. Where the provisions of this title require a landscape plan in conjunction with proposed development, the following shall apply:

The department shall review the landscape plan and may approve or conditionally approve the plan, which shall include the following elements, when applicable:

New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building permit, design review or other discretionary use permit;

New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building permit, design review or other discretionary use permit;

New construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than five thousand (5,000) square feet requiring a building permit, design review or other discretionary use permit.

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 motor vehicle on vacant lots or vacant parcels in any zoning district of the city.

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 districts. Equipment or materials being used for construction on the premises where a valid building permit has been issued or applied for may be stored thereon during construction.

Outdoor Storage: Outdoor storage buildings, containers and enclosures in commercial and industrial zoning districts are permitted only when screened from view of any public right of way, are less than three hundred (300) square feet, and located in rear or side yard areas.

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

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

Notification: The planning department shall notify the applicant and contiguous property owners and other interested parties of the proposed exception by mail ten (10) days prior to the decision of the planning director.

Conditions Of Approval: The planning director 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 planning director.

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 chapter 12.28 of 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 uniform building codes specified in title 11 (building and construction) of this code.

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 chapter 12.28 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.

Buildings: Where the nonconforming use of a building or structure has ceased for six (6) continuous months or more, such building or structure shall not again be put to a nonconforming use.

Land: When a nonconforming use of land not involving any building or structures, except minor structures such as fences, signs and buildings less than four hundred (400) square feet in area, has ceased for six (6) continuous months or more, such land shall not again be put to a nonconforming use.

Nonconforming Use: A nonconforming use may only be expanded by securing a conditional use permit pursuant to chapter 12.28 of this title.

Nonconforming Buildings Or Structures: The owner of a nonconforming building or structure has no right to expand a nonconforming building or structure.

Approval, Conditional Approval Or Disapproval Of Application: The approval, conditional approval or disapproval of an application for a permit shall be set forth in writing by the planning director 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 planning director may be appealed to the planning commission.

Location: Arcades shall be permitted only in locations within an NC or MU zoning district, subject to the issuance of a conditional use permit.

Conditional Use Permit Required: It is unlawful to establish or operate an arcade within the city without first obtaining a conditional use permit pursuant to the provisions of chapter 12.28 of this title.

Proximity To Liquor Establishments: No use permit shall be granted for an arcade which is located closer than one hundred fifty feet (150') from any bar, tavern or cocktail lounge holding an on sale alcoholic beverage license and which is engaged principally in the business of selling or dispensing alcoholic beverages on the premises.

Term Of Permit: All such conditional use permits shall be valid for the period of two (2) years; thereafter, upon the written application of the permittee accompanied by a filing fee in an amount to be fixed by city council resolution, any such permit may be renewed annually by the planning director after the planning director has reviewed the operation of the arcade and has made the following findings:

License Required: No person shall install, operate or maintain any game machine on premises owned or under the control of such person without first having obtained a location license in the manner required by this section; provided however, that no location license shall be required for an arcade which has applied for and obtained a conditional use permit pursuant to the provisions of chapter 12.28 of this title. Said license shall be in addition to the business license issued to the premises, and in addition to any license or permit required under other provisions of this code.

Information Required: Application for a license shall be made to the city in writing on a form provided by the planning director. It shall be filed with the planning director, together with a filing fee in an amount to be fixed by city council resolution, and shall contain the following information:

Investigation: Upon the filing of such application, the planning director shall be allowed forty five (45) days to investigate, and to approve or disapprove, said application; failure to disapprove within that time shall be deemed an approval. The planning director may deny an application where it is found that the applicant has violated any provision of this chapter or of any other law or ordinance of the city or state.

Denial Or Revocation: An application for a license may be denied or any license issued hereunder may be suspended or revoked by the city council where it is found that the applicant has violated any of the provisions of this chapter, or where the operation of game machines has become a nuisance or detrimental to the health, safety, and general welfare of the adjacent neighborhood. Any applicant who has had a license revoked may not reapply for such license for a period of six (6) months following such denial or revocation.

Machine Location: Where machines are located along one side of an aisle, said aisle shall be a minimum of sixty six inches (66") in width and shall be unobstructed. When machines are located on both sides of any aisle, the aisle shall be not less than ninety inches (90") in width and shall be unobstructed. The maximum number of machines in any site shall not exceed one machine for every forty (40) square feet of gross floor area allotted to game machine operations.

Visibility And Lighting: All windows and glass doors of an arcade that provide a view of the interior of the premises shall remain unobstructed at all times. The premises shall remain unobstructed at all times. All exterior parking areas, entrances, and interior areas shall be adequately lighted, as determined by the chief of police.

Parking Requirements: See chapter 12.120 of this title.

Toilet Facilities: Each arcade shall provide adequate toilet and lavatory facilities accessible to customers, employees, and business invitees.

Supervision: Each arcade, or other premises containing a game machine or machines shall provide sufficient security measures to effectively regulate parking congestion, disturbing noise and light, loud conversations, and criminal activities. During hours of operation arcades shall have on duty at all times at least one adult attendant who shall be responsible for and shall supervise all activities on the premises to ensure that the provisions of this chapter and other applicable laws are complied with and that there is no conduct on the part of customers, employees, or other persons on the premises that is detrimental to the public health, safety and general welfare. As a condition of issuing or continuing in effect any license issued under this chapter, the city council may require additional attendants if it finds that adequate supervision cannot be maintained by one person.

Hours Of Operation: No arcade or other premises containing a game machine or machines shall be open for business except between the hours of nine o'clock (9:00) A.M. and ten o'clock (10:00) P.M. on Sundays through Thursdays, and between the hours of nine o'clock (9:00) A.M. and midnight on Fridays and Saturdays. During the school year, persons under the age of eighteen (18) shall not be allowed to operate game machines at any location Monday through Friday, except legal school holidays, between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M., unless accompanied by such person's parent or guardian.

Noise Control: In an arcade or other premises containing a game machine or machines, all necessary steps shall be taken to reduce noise caused by the operation of game machines and by persons in and around the premises. The code enforcement officer shall investigate complaints and the results of such investigation shall be reported in writing to the city council. If the council finds in a particular case that the complaint is valid, it shall order the licensee to take immediate action to correct the condition; the failure of a licensee to do so within a reasonable time after notice of the order shall constitute a violation of this section.

Arcades; Alcohol And Drugs Prohibited: No person shall enter, or be allowed to remain, in any part of an arcade while in possession of, consuming, using, or under the influence of any alcoholic beverage or drug. The licensee and every supervisory employee shall be responsible for the enforcement of this subsection and shall not permit any person to remain on the premises who is in violation thereof.

Fire Safety: Within an arcade or other premises containing a game machine or machines, all fire regulations shall be observed and reasonable ingress and egress to and from the premises shall be maintained.

Signs: The operator of an arcade or other premises containing a game machine or machines shall post at each entrance to the premises, plainly visible to persons entering therein, a sign advising such persons of the provisions of subsections F and H of this section. The text of the signs shall be in letters at least one inch (1") high and shall be in both English and Spanish.

Compliance With Other Laws: In all operations governed by the provisions of this chapter, a licensee shall comply with all other laws, rules, and regulations of governmental authorities having jurisdiction thereof, including those of the city.

The holder thereof has violated any provision of this chapter or of any other law or ordinance of the city or state pertaining to activities regulated by this chapter; or

The continuance of the business by the holder thereof at the permitted location constitutes a nuisance or is detrimental to the health, safety, or general welfare of the adjacent neighborhood or of the public at large; or

The permit or license was procured by false or fraudulent representation.

Indoor Cultivation and Manufacturing Standards. Indoor medical marijuana cultivation and manufacturing, within the city, shall be in conformance with the following standards:

Marijuana Cultivation and Manufacturing Permit. Prior to initiating operations and as an ongoing requirement to conducting operations, the legal representative of the persons wishing to obtain a marijuana cultivation and manufacturing permit shall obtain said permit from the city manager or his/her designee under the terms and conditions set forth in this subsection. The legal representative shall file an application with the city manager upon a form provided by the city and shall pay a filing fee as established by resolution adopted by the city council as amended from time to time. An application for a marijuana cultivation and manufacturing permit shall include, but not be limited to, the following information:

The city manager or his/her designee shall be provided access to any and all MMF financial information at any time, as needed, to conduct an audit of the permittees under this chapter to verify compliance with tax and/or other city revenue generating mechanisms.

The city manager or his/her designee is authorized to examine the books, tax returns, records, and any other pertinent documents of any permittee for the purpose of verifying the accuracy of any declaration made, or if no declaration was made, to ascertain any business tax due and to ensure compliance with this chapter.

Every permittee is directed and required to furnish the city manager or his/her designee the means, facilities, and opportunity for making the aforesaid financial examinations and investigations at any reasonable time during regular business hours of the facility.

A permittee's refusal to comply with the provisions of this section shall be deemed a violation of its conditional use permit.

Operation of a MMF in noncompliance with any conditions of approval or standards of this section shall constitute a violation of the city code and shall be enforced pursuant to the provisions of this code.

The city manager, or his/her designee, shall have the right to enter the MMF from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this section and all laws of the city and state of California;

Recordings made by the security cameras installed at each MMF shall be made available to the city manager or his/her designee upon verbal request and no search warrant or subpoena shall be needed to view the recorded materials.

The city manager may revoke a marijuana cultivation and manufacturing permit if any of the following, singularly or in combination, occur:

Any decision regarding the revocation of a marijuana cultivation and manufacturing permit may be appealed to the city council. Said appeal shall be made by a notice of appeal from the person appealing within thirty (30) days from the date of the decision. The appeal shall be accompanied by a fee, which shall be established by resolution of the city council amended from time to time, and a written verified declaration setting forth the basis for the claim that the permit was improperly approved, denied, conditioned or revoked.

Any and all permits, rights or entitlements permitting the operation of a MMF shall expire and be null and void twelve (12) months from the effective date of issuance, unless otherwise extended by the city council. Unless extended, upon the conclusion of the twelve (12) month time period, the operation of a given MMF shall be a prohibited use and any rights obtained pursuant to this section or any other rules or agreements shall cease.

This chapter is adopted under the city's police power to regulate the use of land to protect and promote the public health, safety, and welfare of its residents, as recognized by Article XI, Section 7 of the California Constitution.

Agriculture is a crucial component of the city's economy and cultural heritage. Agriculture provides numerous jobs for city residents and substantial tax revenue for the city.

Agricultural lands within and adjacent to the city contribute to our national food security and are an essential foundation of the city's agricultural economy.

Most of the nonurbanized soils within the Gonzales planning area are classified as "prime" based on the State Department of Conservation's Important Farmlands Inventory and as "Class I" or "Class II" based on the SCS Land Capability System. These classifications are based on a variety of factors, such as drainage, salinity, slope, thickness, permeability, and susceptibility to erosion. Those local soils not classified as prime are classified as "soils of statewide significance." In Gonzales, the yields per acre are comparable on both the prime soils and the soils of statewide significance. (City of Gonzales General Plan Conservation and Open Space Section, January 2011)

Requiring agricultural conservation easements over an equal area of comparable agricultural land to compensate for those that are to be developed, provides protection for the stock of agricultural land.

New development also benefits from the conservation of agricultural land that supports the overall economy and culture of the city.

As the city must balance the need for agricultural land conservation with other public goals, prohibiting the conversion of agricultural land in some circumstances will not be in the best interest of the people of the city. An overriding consideration in balancing other public goals may include the city's needs to facilitate housing, commercial, industrial, and infrastructure development, and habitat restoration.

To balance these competing public purposes, the city council has determined that it is in the best interest of the people of the city to allow some conversion of agricultural land to proceed, but to also require that such conversion be accompanied by mitigation that provides increased protection for other, comparable agricultural land proximate to the city.

Policy COS 4.2 of the City of Gonzales General Plan – Agricultural Easements includes Implementing Action COS-4.2.1. Require new development to contribute to the cost of purchase of permanent agricultural easements beyond the permanent agricultural edges identified in the Land Use Diagram.

Policy COS 4.3 of the City of Gonzales General Plan – No Urbanization Outside of Growth Area includes Implementing Action COS-4.3.3 – Agricultural Impact Fund. Establish an agricultural impact mitigation fund structured to purchase agricultural easements on lands shown on the Land Use Diagram as adjacent to but outside the general plan growth area boundary.

In some circumstances, it may be appropriate to implement a method of mitigation other than directly obtaining agricultural conservation easements over comparable agricultural land or paying in-lieu fees, if the alternative method of mitigation would provide a comparable mitigation benefit. This chapter accordingly provides development applicants alternatives.

This chapter is further intended to foster coordination and cooperation by the city with the county of Monterey as embodied in the March 25, 2014 Memorandum of Agreement (2014 MOA) that requires that these two (2) entities work cooperatively on common planning, growth, and development issues in the city.

The 2014 MOA was signed by both parties and demonstrates basic agreements with the county regarding future planning, growth and development issues in and around the city.

The 2014 MOA demonstrated agreement along eight (8) major principles in several sections, including Section 6 – Agricultural Land Conservation Program.

In Section 6 – Agricultural Land Conservation Program of the 2014 MOA, the city agreed to implement an agricultural land conservation program for development of land within the city's urban growth boundary/sphere of influence (UGB/SOI).

This chapter satisfies components of the city's agricultural land conservation program.

Conversion Of Land Requiring Mitigation:

Required Mitigation: Where agricultural mitigation is required pursuant to subsection A of this section, the following mitigations shall be available to a project applicant, subject to final approval by the city:

Development Projects Responsible For Compliance: Development project applicants must comply with this chapter. It is the development project's responsibility to secure agricultural mitigation pursuant to this chapter, and/or to pay fees in lieu that satisfy the requirements of this chapter.

Nothing in this chapter shall be construed to compel a development project to convey to the city or to a qualified entity an agricultural conservation easement on property owned by the applicant.

Exemptions:

Excess Mitigation And Credits:

Agricultural mitigation easements shall be held in perpetuity by a qualified entity, as defined in this chapter.

Per the 2014 MOA with the county of Monterey, priority areas for the establishment of agricultural mitigation easements to perfect the permanent agricultural edge, including those eight (8) properties depicted in the Gonzales 2010 General Plan at page II-47.

Agricultural mitigation easements shall be comprised of the type and quality of soil comparable to the agricultural land converted and shall consist of a minimum of the same acreage of land converted and may include more.

The city shall not approve proposed agricultural mitigation easements unless it finds that the easements comply with each of the following requirements:

Amendments To Agricultural Mitigation Easements: After the city has approved an agricultural mitigation easement, the easement shall not be amended without further approval by the city council and compliance with any approval requirements imposed by the Attorney General of the State of California for the amendment.

Extinguishment: If a court issues a judgment declaring that the purposes of this chapter can no longer be fulfilled by enforcement of an agricultural mitigation easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the mitigation land, if (1) the action was contested, and the judgment was not entered pursuant to stipulation, or (2) the city of Gonzales was a party to the action and stipulated to the judgment. In the event of such a sale, the qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement or other mitigation land in compliance with this chapter.

To be considered a qualified entity, an entity must (1) be a nonprofit public benefit corporation operating within the county of Monterey that is qualified to hold conservation easements under section 815.3 of the Civil Code and in compliance with the requirements of section 65965 et seq. of the Government Code, and (2) be approved by the city for the purpose of holding and managing agricultural conservation easements.

Approval Criteria: In considering whether to approve an entity as a qualified entity, the city shall consider the following criteria:

Although the city may hold agricultural conservation easements, it is the intent of the city to transfer most, if not all, of the easements that are received under this chapter to a qualified entity for monitoring, management, and enforcement.

No qualified entity shall sell, lease, hypothecate, or encumber any interest in any agricultural mitigation easement within the sphere of influence of the city without the prior approval of the city council.

Termination Of Qualified Entity: If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity or to the city.

Monitoring And Enforcement: The qualified entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.

Reporting: On or before December 31 of each year after a qualified entity is approved by the city council, the entity shall provide to the city of Gonzales community development director an annual report describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by the city.

All mitigation proposed by an applicant to comply with this chapter shall be reviewed by the planning commission for consistency with the terms and purposes of this chapter. The planning commission shall recommend approval, conditional approval, or disapproval to the city council. The planning commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in section 12.150.060.

The city council shall consider the planning commission's recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.

The city shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the city council has previously approved proposed mitigation in compliance with this chapter.

Completion Of Mitigation:

The provisions of this chapter shall not be applicable to the extent, but only to the extent, that their application would violate the constitution or laws of the United States or of the state of California. The city shall apply the chapter to avoid such unconstitutionality or illegality.

If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter. The city council declares that it would have enacted this chapter and each section, subsection, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional.

Nothing in this chapter shall be construed to abridge or narrow the city's police power. The city retains its full power and discretion to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise.

This chapter shall apply to properties owned by LEAs, including the Gonzales Unified School District, the Monterey County Office of Education, and other public educational agencies within the city limits.

Eligible LEA-owned lands shall be zoned for residential uses or other non-residential uses that permit residential development under this chapter, including all properties designated for educational use that qualify under Cal. Gov't. Code § 65914.7.

LEA-owned properties may be developed with residential housing that meets the requirements of this section and Cal. Gov't. Code § 65914.7 and other applicable state laws.

Development projects shall be permitted by-right and approved by the Community Development Director, provided that the project meets all of the following criteria:

Development projects shall be permitted by-right and approved by the Community Development Director, provided that the project meets all of the following criteria.

Projects developed under this section shall comply with all development standards requirements of the R-2 zoning district.

Consistent with Cal. Gov't. Code § 65914.7, projects may exceed local height limitations, density requirements, and other development standards, as necessary to make the development feasible, unless such exemptions would present a specific, adverse impact to public health or safety.

Residential projects proposed under this chapter shall be processed ministerially, without discretionary review or hearings, in accordance with the streamlined provisions of Cal. Gov't. Code § 65914.7.

Any objective standards or requirements that would physically preclude the development of a project at the permitted density, height, or with other exemptions under this section shall not apply.

The development must be located on land designated as agricultural in the City of Gonzales General Plan.

The development must be 12 units or less.

The development must not be located in any of the following areas:

The development must meet all applicable requirements of the City of Gonzales Municipal Code, including but not limited to the following:

Large licensed residential care facilities shall be considered a residential use of property and shall be "P" Permitted in all primary residential zones in the City of Gonzales, and shall be "C" Conditionally Permitted in the MU Mixed Use and the MU-CC Mixed Use – Commercial Core zones. While "P" Permitted in the primary residential districts, such facilities are subject to an administrative level Site Plan requirement to demonstrate conformance to the development standards of Section 12.158.030 and the underlying zoning district.

A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Cal. Gov't. Code § 65650 (which has a different definition of "target population" than the definition in chapter 12.08 of this title), then the facility shall be a use by-right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Cal. Gov't. Code § 65650, et seq.

Small licensed residential care facilities and unlicensed residential care facilities shall be considered a residential use of property. Small residential care facilities, licensed, and unlicensed residential care facilities are permitted uses in all zones permitting residential uses in Gonzales subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone.

Development Standards. Unless otherwise indicated below, the large residential care facility must conform to the development standards for the zoning classification in which it is located.

Accessory dwelling units. The large licensed residential care facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

Kitchens. The large licensed residential care facility must provide either of the following:

Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.

Signs. The large licensed residential care facility shall comply with the provisions of chapter 12.116 of this title.

Lighting. The large licensed residential care facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

Parking. The large licensed residential care facility shall provide one off-street automobile parking space per the greatest number of employees on duty at any one time, as well as a minimum of one off-street automobile parking space for every 10 residents for visitors.

Common Areas and Open Space. The large licensed residential care facilities shall include at least 350 square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet.

Management. The large licensed residential care facilities shall have either:

Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

Personal Storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the Site Plan Permit or Conditional Use Permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:

Owner Authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.

Parcel Information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.

Project Description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.

Plan, Building Diagram and Floor Plan. A preliminary site plan, drawn to scale, showing the facility's building footprint and property lines as well a diagram intended to show:

Facility Users. The projected number and types of users of the facility, including, but not limited to, residents, staff, clients, visitors, and students.

Transportation and Parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.

Management Plan. A comprehensive management plan, which shall include, at a minimum, the following:

Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor.

Similar Facilities. A list of addresses of all other licensed facilities for which a Conditional Use Permit is requested in the State of California owned or operated by the applicant(s) within the past five years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.

Project Review. The Community Development Director or Planning Commission shall review an application for the large licensed residential care facility and shall approve, conditionally approve, or disapprove of the application for the large licensed residential care facility. The decision of the Community Development Director or Planning Commission shall be final unless appealed to the City Council within the timeframes set forth in the Gonzales Municipal Code.

Findings and Decision. The Community Development Director or Planning Commission shall only approve an application for a large licensed residential care facility if the Community Development Director or Planning Commission makes all of the findings required pursuant to the Site Plan Permit or Conditional Use Permit requirements and conforms with all provisions of this section.

Design Review. The large licensed residential care facility shall be designed in context with the surrounding residential or urban character and shall draw from the City of Gonzales Neighborhood Design Guidelines. Architectural renderings and plans shall supplement the City's Site Plan review or Conditional Use Permit review.

All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.

100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Cal. Health & Safety Code § 50079.5.

At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

The developer shall provide the information required by Cal. Gov't. Code § 65652 to the Community Development Department.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Cal. Gov't. Code § 65915(c)(3).

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met: