(A)   Incentives. It is the purpose of this section to provide incentives for the production of housing or for the donation of land for housing for very low income, or affordable households in accordance with Cal. Gov’t Code §§ 65915 and 65917. It is the intent of the city to facilitate the development of low and moderate income housing, including senior housing and special needs populations, and to implement the goals and policies of the city’s housing element.

   (B)   Eligibility. In order to be eligible for a density bonus and other incentives as provided by this section, a proposed residential development shall consist of five or more dwelling units and can be designed and constructed so that at least:

      1.   Ten percent of the total units of a housing development are for low income households;

      2.   Five percent of the total units of a housing development are for very low income households;

      3.   The total number of dwelling units of a housing development are for qualifying residents, such as a senior citizen housing development; or

      4.   Ten percent of the total dwelling units in a condominium project for persons and families of moderate income.

   (C)   Qualifying project. A qualifying project shall be allowed a minimum 20% increase, with a maximum 35% increase, in the maximum number of dwelling units allowed by the zoning district and general plan land use designation applicable to the lot(s) as of the date of the permit application. A single development project shall not be granted more than three density bonuses.

   (D)   Land donation. A developer may donate land for very low income housing that is sufficient to provide at least 10%, and up to 35%, of the units in the development for very low income households. For a 10% land donation, a developer receives a 15% density bonus above the maximum allowable density for the entire development. The donated land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

   (E)   Agreement.

      1.   Pursuant to Cal. Gov’t Code § 65915(b), if a developer seeks and agrees to construct at least 10% of the total units for lower income households, at least 5% of the total units for very low income households, a senior citizen housing development or at least 10% of the total units in a condominium project for persons and families of moderate income, the developer is entitled to one density bonus and at least one additional concession or incentive.

      2.   The developer shall receive two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a condominium or planned development.

      3.   The developer shall receive three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a condominium or planned development.

      4.   The City Council shall approve one or more of these incentives, listed below, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with state law (Cal Gov’t Code § 65915(c)):

         (a)   A reduction in the site development and/or design standards of this title (e.g., reduction in setback or parking requirements, or an increase in building coverage requirements);

         (b)   Approval of mixed use development in conjunction with the housing project if the nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and surrounding development; and

         (c)   Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable cost reductions.

   (F)   Location of units. The location of density bonus units within the qualifying project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish.

   (G)   Project management plan. Prior to issuance of any building permit for the project, a project management plan, in the form of a written contract, shall be executed by and between the applicant/developer, housing agency and city. The contract shall be a recorded document approved by the City Council as to form and content, and shall set forth sales, resales and rental restrictions to ensure that designated units remain available as low and moderate income, senior housing or special needs units, as applicable, for the term of the project under Cal. Gov’t Code § 65915(c).

   (H)   Provisions. The management plan shall provide for the housing agency to ensure the financial or circumstantial eligibility of applicants for purchase/rental of the low and moderate income or special needs and senior housing for the term of the project. If requested by the housing agency, the management plan shall provide for reimbursement by the applicant/developer the costs to the housing agency of administering the management plan.

   (I)   Requests for approval.

      1.   All requests for density bonuses and other incentives outlined in this section shall be approved by the City Council. Findings shall be consistent with applicable provisions of current state law at the time of permit application.

      2.   Any application for the density bonus shall be in the form and method prescribed by the Planning Director and accompanied by plot and development plans necessary to determine compliance with the purpose, intent and development standards prescribed herein. The development plans shall contain sufficient cost and market data based upon the land cost per dwelling unit to assure any density bonus concessions granted are necessary to attain the affordability targets mandated by Cal. Gov’t Code § 65915 and Senate Bill 1818.

(Ord. 533, passed 8-16-2005)

   The conduct of a home occupation shall be subject to securing a home occupation permit from the Planning Department in accordance with the provisions of this section.

   (A)   Regulations. Home occupations shall comply with each of the following regulations.

      1.   The home occupation use shall be confined to one room within the dwelling unit or accessory building.

      2.   Such occupations shall not require use of mechanical equipment not customarily found in dwellings and in no case shall employ power driven equipment using motors of more than one horsepower capacity.

      3.   The use shall not generate vehicular or pedestrian traffic beyond that normal to the residential use of the structure.

      4.   There shall be no excessive or unsightly storage of materials and/or supplies indoor or outdoor.

      5.   There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted which would reflect the existence of said home occupation, and there shall be no exterior sign except a nameplate flat mounted against the wall of the building on the parcel; such nameplate shall not exceed two square feet in surface area.

      6.   Such occupation shall be conducted entirely by resident occupants; and no person not a resident of the premises shall be employed in connection therewith.

      7.   No more than one home occupation shall be granted per dwelling unit.

      8.   No home occupation permit shall be issued which involves food handling, processing or packing.

      9.   There shall be no addition, alteration or remodeling permitted in connection with any home occupation.

      10.   No home occupation permit shall be permitted which creates noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel on which they are situated.

      11.   All home occupations shall comply with all federal, state, county and local regulations, statutes and provisions.

      12   No home occupation shall be permitted which will create any electrical disturbance adversely affecting the operation of any equipment located in any other dwelling unit or on property not owned by the persons conducting said home occupation.

      13.   The home occupation shall be clearly incidental to the use of a structure as a dwelling. The floor area used for such occupation shall not exceed one-fourth of the floor area of the main residence, and shall not be more than 400 square feet in any case.

      14.   There shall be no sales or display of products not produced on the premises in connection with such home occupation, and there shall be no window display to attract customers.

      15.   All commercial advertising includes the words: “by telephone appointment only” and which shall be prominently emphasized in said advertisement.

      16.   Any instruction permitted under this section shall be restricted to a one on one basis.

   (B)   Exception to regulations. Notwithstanding the limitations outlined in subsection (A) of this section, any person who is severely impaired or handicapped as defined in the Cal. Welfare and Institutions Code § 12304 may be allowed in the following, provided a home occupation is otherwise approved:

      1.   Employment of a maximum of one person who does not reside in the dwelling unit; and

      2.   Use of more than one room in the dwelling.

   (C)   Prohibited uses. The following uses are not permitted as home occupations:

      1.   Beauty parlors, barbershops or any similar service enterprise;

      2.   Body art establishments, medical, dental and chiropractic clinics and offices and medicinal marijuana dispensaries;

      3.   Commercial photography studios;

      4.   Music, dancing, business, sewing or other school, which do not comply with subsection (A)16. of this section;

      5.   Real estate, astrology and palm reading offices or enterprises;

      6.   Repair or conditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment, and lawn mowers, including all small engine repair;

      7.   Sale of firearms or ammunition;

      8.   Uses that do not meet regulations of subsection (A) of this section;

      9.   Uses that entail the repair, manufacture, processing or alteration of goods, materials or objects, including upholstering;

      10.   Uses that involve the harboring, training or raising of dogs, cats, birds or other animals; and

      11.   Uses which involve vehicle painting, repair and/or body and fender work.

   (D)   Application procedure. Home occupation permit applications shall be filed by the person responsible for the conduct of the occupation for which the permit is sought on forms furnished by the Planning Department.

   (E)   Issuance of permit. No home occupation use in a dwelling shall be established or continued unless and until a home occupation permit shall have been issued by the Planning Director. The Planning Director shall not issue a home occupation permit unless the use applied for meets each and every one of the standards and conditions set forth in subsection (A) of this section.

   (F)   Duration. Each home occupation permit shall be issued for a period not to exceed one year.

   (G)   Renewal procedure. Renewal of a home occupation permit shall be treated as a new application.

   (H)   Revocation.

      1.   Upon a violation of any applicable provisions of subsection (A) of this section or of any requirement or requirements imposed as a condition of issuance of any home occupation permit, such permit shall be suspended automatically and the holder of the permit so notified by the Planning Director. All operations authorized by the terms of the permit shall cease during the time it is suspended.

      2.   If the holder of the permit does not, within 30 days, satisfy the Planning Director that all requirements, conditions and regulations will be complied with, the Planning Director shall revoke the permit.

   (I)   Appeal. Following the denial or revocation of a home occupation permit by the Planning Director, the applicant may appeal to the Planning Commission.

(Ord. 533, passed 8-16-2005; Ord. 541, passed 4-18-2006)

   (A)   A MOBILEHOME, TRAILER HOME or RECREATIONAL VEHICLE (RV), subject to the provisions of this section, is hereby defined as any unit or structure designed, constructed and/or used for living or sleeping purposes for human habitation, which is equipped with wheels or similar devices for the purpose of transporting said unit and/or structure from place to place, whether by motive power or by other means.

   (B)   Mobilehomes, trailer homes or RVs may be used for human habitation or occupied for living or sleeping quarters only when installed within a licensed trailer court, trailer park or mobilehome park. (See § 5-5-3-1 of this chapter for mobilehomes on private lots.) Mobilehomes, trailer homes, RVs or boats maintained on any lot, piece or parcel of land other than a trailer court, trailer park or mobilehome park shall comply with the following conditions.

      1.   Such vehicle, boat or carport shall not be maintained in any required front yard.

      2.   Such vehicle or boat may be parked within an interior side or rear yard setback. Prefabricated carports and similar structures shall be situated not closer than five feet to any side property line and five feet from a rear property line.

      3.   Such vehicle or boat shall not be used for sleeping quarters nor shall any sanitary or cooking facilities contained therein be used.

      4.   The Chief of Police of the city may grant permission in writing for a mobilehome, trailer home or RV to be used for sleeping purposes only for a reasonable period of time to a bona fide visitor or guest of any resident of the city if said mobilehome, trailer home or RV is parked on private property and does not constitute a health hazard or nuisance.

(Ord. 565, passed 3-18-2008)

   (A)   It is the purpose of this section, to allow the placement of mobilehomes on R-1 zoned lots only. The mobilehome would have to conform to minimum lot size and setbacks for the R-1 zone in which it is located and in addition, meet the criterion set forth in this section.

   (B)   This section reflects the concern over the increased costs of housing and the need to provide new opportunities for affordable housing.

      1.   General requirements. A mobilehome, under certain conditions, may be placed on a foundation system on a private lot in the city’s areas zoned for single-family dwellings (R-1 District).

      2.   Design review requirements. The following requirements for a mobilehome to be placed upon a permanent foundation on a single-family residential lot must be met.

         (a)   Eligibility.

            (1)   The mobilehome is five years old or newer on the day of application, and bears the insignia of approval by the U.S. Department of Housing and Urban Development, and has not been altered in violation of applicable codes.

            (2)   The application is determined compatible with the residential area in which the mobilehome is proposed to be located.

            (3)   Occupancy is only a residential type use.

            (4)   Subject to all provisions of the zoning ordinance applicable to residential structures.

            (5)   Be attached to a permanent foundation that complies with all building regulations.

            (6)   Have a minimum width of 24 feet.

            (7)   The exterior covering material shall extend to the ground, except that where a solid concrete or masonry perimeter foundation is used, the exterior covering material must extend at least to the top of the foundation. Exterior wall materials shall be limited to stucco, wood, brick, stone, decorative concrete block or other materials commonly used in the area. No shiny or reflective materials shall be permitted which are more reflective than semigloss paint.

            (8)   Have a roof with a pitch of not less than two inch vertical use for every 12 inch of horizontal seen and consisting of composition shingles, shake shingles, rock or concrete or adobe tile, or similar other materials commonly used in the area. No shiny or reflective materials shall be permitted which are more reflective than semigloss paint.

            (9)   Have a minimum of 12-inch eave overhang on all four sides.

            (10)   All windows, doors and gable ends shall be architecturally treated with a trim, with materials no more reflective than semigloss paint.

            (11)   Fascia boards shall be used on all sides of the structure to screen exposed rafters, vents and the like to give the roof a finished edge.

            (13)   Two enclosed or covered off-street parking spaces of compatible wall materials and roofing materials of dwelling unit.

            (14)   Screening shall be provided for all mechanical and electrical equipment so that they are not visible from the public right-of-way.

      3.   Building permit. Prior to the installation of a mobilehome on a permanent foundation system, the mobilehome owner or a licensed contractor shall obtain a building permit from the Building Department in accordance with the requirements of Cal. Health and Safety Code § 18551.

      4.   Appeal. Within ten days following the date of a decision of the city staff, the decision may be appealed to the Planning Commission by the applicant, or any other interested party. An appeal shall be filed with the Planning Commission Secretary. The appeal shall state the basis of appealing.

      5.   Declaration of emergency. It is hereby found and declared that an emergency affecting the public health, peace or safety exists necessitating the passage of this section as an emergency measure in that without said passage, mobilehomes could be allowed in the city without minimal development standards.

(Ord. 533, passed 8-16-2005)

   The following supplemental regulations shall apply to multi-family residential development.

   (A)   Intent. The purpose of these regulations is to prescribe reasonable standards for multi-family residential development in addition to other applicable city ordinances.

   (B)   Development standards.

      1.   Off-street parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of § 5-4-5 of this title.

      2.   Private open space. Each dwelling unit shall have at least one appurtenant private patio, deck, balcony, atrium or other outdoor private area contiguous to the unit in a single undivided area of not less than 120 square feet.

      3.   Shared open space. An outdoor common area of at least 100 square feet per dwelling unit shall be provided for outdoor active and passive group recreation. Such common areas shall not include driveways, parking areas or required front yards.

      4.   Private storage space. Each dwelling unit shall have at least 30 cubic feet of enclosed, weatherproofed and lockable storage space.

      5.   Boat and trailer storage. Boat, trailer and recreational vehicle storage shall be limited as described in § 5-5-3 of this chapter, unless such vehicles are prohibited by restrictive covenants.

      6.   Laundry facilities. Adequate laundry facilities shall be provided by:

         (a)   Constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent in automatic clothes dryers; or

         (b)   Providing properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

      7.   Lighting and security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of multi-family residential facilities.

      8.   Landscaping. All multi-family residential development shall include landscape plans which provide for substantial front yard landscape screening and, as appropriate, side and rear yard landscaping and as prescribed in § 5-4-4 of this title. Landscaping shall be consistent with the design of the development and enhance the visual quality of the streetscape, and assist in achieving design consistency with the character of the neighborhood.

      9.   Permitted density. Density limits for multi-family housing shall not exceed the density limitations as established by the general plan land use designation for the property. Density bonuses for low and moderate income or special needs housing shall also be as established by the housing element and applicable state housing law.

      10.   Design. Site plan and design review shall be as required by § 5-6-7 of this title. Staggered and/or reversed unit plans that provide variability in the outward appearance of the building is strongly suggested, as are building materials and design that ensure consistency with adjacent land uses and structures. Compliance with provisions of the city’s design guide is required.

      11.   Height limits and setbacks. Yard setback and height limits shall be as established by the site’s zoning district and the design review process. Varying front yard setbacks within the same structure is encouraged, as is limiting second story views to adjacent property.

      12.   Trash enclosures. Trash enclosures shall be located conveniently for residents and out of vehicular circulation areas. Trash enclosures may not be located within five feet of side or rear property lines or the front yard setback of the site. Trash enclosures shall be of a design that is compatible with the development, is covered, and screened with landscape.

      13.   Gathering rooms. Where eight or more units are proposed, and in addition to the above requirements, special consideration shall be given to providing adequate gathering rooms or locations for facility residents, based on a requirement of at least 30 square feet per dwelling unit.

      14.   Street access. Multi-family residential developments with more than 25 units shall have direct access to a collector or arterial street.

   (C)   Development standards for the interface between multi-family residential and single-family residential.

      1.   Outdoor recreational areas, game courts, pools and solid waste collection areas on multi-family properties shall be oriented away from adjacent properties planned for single-family residential.

      2.   Multi-family parking areas, garages, other structures and access drives shall be separated from adjacent properties planned for single-family residential with a ten-foot landscaped setback containing deciduous and evergreen trees.

      3.   Multi-family buildings greater than 15 feet in height shall be prohibited within 25 feet of abutting property planned for single-family residential. An additional ten feet of setback shall be required for each additional story. Second story views to adjacent residential uses are prohibited.

(Ord. 533, passed 8-16-2005)

   (A)   Outside storage.

      1.   Residential districts. No outside storage which constitutes a salvage yard (200 square feet or larger in area) is permitted in any residential district. Additionally, no salvage yard materials collectively covering an area of 100 square feet or more may be stored in a front yard of a residential district property unless adequately screened from off site views, as determined by the Planning Director.

      2.   Commercial and industrial districts. Outside storage shall be screened from view and shall not be visible above the required screening. Screening shall consist of solid decorative masonry walls and landscaping.

   (B)   Limitation on permitted uses.

      1.   No operation conducted on the premises shall cause an unreasonable amount of noise, odor, dust, mud, smoke, vibration or electrical interference, detectable off the premises.

      2.   Application of pesticides or herbicides with any active ingredients containing diazinon or chlorpyrifos is prohibited.

   (C)   Development standards for the interface between commercial or office uses and residential uses.

      1.   A landscaped setback of at least ten feet wide containing deciduous and evergreen trees shall be planted and maintained along the property line between commercial and office uses and residential properties that have a common property line.

      2.   A masonry wall six feet in height shall be erected along the property line where commercial and office uses have a common property line with residentially designated properties.

      3.   A masonry wall three and one-half feet in height shall be erected along the setback line ten feet from the parallel with local streets abutting planned residential uses.

      4.   All commercial loading and storage areas shall be screened from view of adjoining residential property by a combination of landscaped planting and a masonry wall. Loading areas shall be enclosed and be located so that there are no noise impacts to adjacent residential properties. All storage shall be within an enclosed structure.

   (D)   Industry standards.

      1.   All industrial activity shall be located with access to major streets, truck routes and rail service.

      2.   Industrial development shall not create significant off site circulation, noise, dust, odor, visual and hazardous materials impacts that cannot be adequately mitigated.

      3.   The minimum building setback from any major street right-of-way line shall be 40 feet.

      4.   There shall be a minimum 15-foot landscaped area adjacent to any major street right-of-way.

      5.   The number of driveway approaches shall not be greater than two for individual parcels.

   (E)   Development standards between industrial properties and residential uses.

      1.   Where properties planned for industry abut properties planned for residential uses, the minimum setback for any new industrial building shall be 75 feet.

      2.   On properties planned for industry, a landscaped setback 20 feet wide containing deciduous and evergreen trees shall be planted and maintained along the property line with abutting property planned for residential uses and along abutting local streets.

      3.   A masonry wall shall be erected along the property line between properties planned for industry and properties planned for residential uses. Where this wall is in the front yard setback, it shall be three feet; otherwise, it shall be six feet or such greater distance as may be necessary to mitigate impacts.

      4.   A masonry wall three feet in height, an earth berm three feet in height, or any combination of wall and berm shall be erected along the setback line 20 feet from and parallel with local streets abutting residential uses.

   (F)   Miscellaneous development standards. A right-of-way that is essential to the circulation system shall be dedicated and/or developed to the appropriate extent and width when a zone change to a greater density, division of property or development occurs. Large development occurring in commercial and industrial districts shall be encouraged to incorporate transit passenger facilities, bicycle racks or lockers, shower facilities, as well as on site services for eating, mailing, banking and the like, as ways to encourage alternative modes for commuter trips.

(Ord. 533, passed 8-16-2005; Ord. 629, passed 2-21-2017)

   (A)   Purpose and intent.

      1.   The purpose of these regulations is to provide clearly stated land use regulations and development standards that allow for the development of accessory dwellings in compliance with applicable state regulations and local land use policy. In accordance with the applicable sections of Cal. Gov’t Code §§ 65852.2 and 65852.22, this section is intended to define and provide standards by which the city staff shall evaluate and ministerially approve an application for the siting and construction of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU).

      2.   These regulations are intended to encourage the development of accessory dwellings providing for the expanded variety of housing opportunities for all income levels while retaining compatibility with surrounding uses.

   (B)   Applicability. The regulations set forth in this section shall apply in all R-E (Estate Residential District), R-1 (Low Density Residential District), R-2 (Medium Density Residential District), R-3 (High Density Residential District) and DTC (Downtown Commercial District) zoning districts. These regulations shall also apply in all PD (Planned Development Overlay District) zoning districts permitting residential uses.

   (C)   Permitted uses. Accessory dwelling units and junior accessory dwelling units are permitted by right in residential zoning districts pursuant to § 5-3-15 , in compliance with the regulations herein.

   (D)   Provisions for development. The following provisions shall apply to permit applications for new accessory dwelling units.

      1.   Permits for ADUs and JADUs shall be in compliance with underlying zoning requirements and regulations, except as may be provided in this section.

      2.   An accessory dwelling unit shall not be considered a new residential use unless it is built concurrently with the new construction of a single-family unit or multi-family building.

      3.   An accessory dwelling unit shall not count towards density requirements on the lot.

      4.   An accessory dwelling unit shall not count towards determining the building square footage in calculating the maximum lot coverage percentage.

      5.   Accessory dwelling units shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.

      6.   Accessory dwelling units shall be in compliance with applicable building, fire and other health and safety codes. Fire sprinklers shall not be required for an accessory dwelling unit if sprinklers are not required for the primary dwelling unit.

      7.   Accessory dwelling units are required to provide solar panels if the unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission (CEC), the panels can be installed on the ADU or the primary dwelling unit. Accessory dwelling units that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar panels.

   (E)   Permitted locations and types.

      1.   ADUs are permitted in all zoning districts allowing single-family or multi-family residential uses on lots with existing or proposed dwellings.

      2.   An ADU may be established in the following methods:

         (a)   Attached to, or located within, an existing or proposed primary dwelling;

         (b)   As a new detached structure, or located within or attached to an accessory structure, including garages, storage areas or similar structures;

         (c)   As a conversion of existing attached or detached accessory structures, including garages, storage areas or similar structures; or

         (d)   As a reconstruction of an existing structure or living area that is proposed to be converted to an ADU, or a portion thereof, in the same location and to the same dimensions and setbacks as the existing structure.

      3.   One ADU and one JADU may be established per lot with a proposed or existing single-family dwelling if all of the following apply:

         (a)   The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress;

         (b)   The space has exterior access from the proposed or existing single-family dwelling;

         (c)   The side and rear setbacks are sufficient for fire and safety access; or

         (d)   The junior accessory dwelling unit complies with the requirements of Cal. Gov’t Code § 65852.22.

      4.   One JADU may be established within the space of an existing or proposed single-family residence only on a lot that is zoned to allow single-family residential uses.

      5.   A JADU may be established within the space of the primary dwelling in combination with the construction of one detached, new construction ADU not exceeding 1,200 square feet and a height of 16 feet with four-foot side and rear yard setbacks.

      6.   ADUs shall be permitted only on residentially zoned lots developed with existing multi- family dwellings subject to the following provisions.

      (a)   A minimum of one ADU may be constructed, or up to 25% of the existing multi-family dwelling units, within non-livable space, including, but not limited to, storage rooms, passageways, attics, basements or closets, if each unit complies with state building standards for dwellings.

      (b)   The construction of two detached ADUs shall have a maximum height of 16 feet and four-foot side and rear setbacks. In this case, only two detached ADUs are permitted on lots developed with existing multi-family dwellings.

   (F)   Development standards.

      1.   ADU type, location and size shall be subject to the following standards.

         (a)   An ADU attached to an existing primary dwelling shall not exceed 50% of the total existing or proposed living area of the primary dwelling, except that a one bedroom attached ADU shall be allowed up to 850 square feet, and 1,000 square feet for attached ADUs with more than one bedroom pursuant to Cal. Gov’t Code § 65852.2(c)(2)(B).

         (b)    An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed 1,200 square feet.

      2.   JADU location and size shall be subject to the following standards.

         (a)   A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed 500 square feet.

         (b)   JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.

         (c)   A JADU, at a minimum, shall include an efficiency kitchen that includes the following:

            (1)   A cooking facility with appliances; and

            (2)   A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

         (d)   The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.

         (e)   Prior to the issuance of a certificate of occupancy for the JADU, the property owner shall file with the City a deed restriction for recordation with the County Recorder, which shall run with the land and include provisions listed in Cal. Gov’t Code § 65852.22 and state the following:

“The property contains an approved accessory dwelling unit pursuant to Chapter 5 of the Livingston Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address development regulations, owner occupancy, and lease requirements, limitations on the size of the accessory dwelling unit, and parking requirements. Current restrictions and regulations may be obtained from the City of Livingston planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property”.

      3.   Setbacks shall be subject to the following standards.

         (a)   The minimum setback for an accessory dwelling unit is four feet from the side and rear lot lines, ten feet from the street side lot line and 20 feet from the front lot line.

         (b)   No setback shall be required for an existing living area or accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

         (c)   Where feasible, setbacks from other structures on the lot shall be consistent with the city-adopted building code for new construction ADUs, except for a legally established, existing structure that is converted to an accessory dwelling unit or to a portion of an ADU.

      4.   Utilities and impact fees shall be subject to the following standards.

         (a)   Adequate roadways, public utilities and services shall be available to serve the ADU. ADUs shall not be considered a new residential use for the purpose of calculating connection fees or capacity charges for sewer and water. Installation of a separate direct connection between an ADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system on either its size or the number of plumbing fixtures as determined by the city.

         (b)   No impact fee shall be imposed for an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

   (G)   Mobilehomes or manufactured homes. Mobilehomes or manufactured housing shall be permitted as an ADU, only if they are installed on permanent foundations, the mobilehome complies with the 1974 National Manufactured Housing Construction and Safety Act, and is ten years or newer and connected to public utilities. Recreational vehicles, including, but not limited to, motor homes, travel trailers, fifth-wheel trailers and houseboats, do not qualify as an ADU as defined in this section.

   (H)   Off-street parking.

      1.   At least one additional off-street parking space shall be required for the ADU or per bedroom, whichever is less, unless otherwise exempt under this division (H).

      2.   The parking spaces required for the ADU can be in tandem to the required off-street parking of the main dwelling unit, may be uncovered, and can be located within the front yard as long as all other yard requirements are met.

      3.   When a garage, carport or covered parking structure 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.

   (I)   Off-street parking exemption. Off-street parking shall not be imposed in any of the following instances:

      1.   The ADU is located within one-half mile walking distance to public transit;

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

      3.   The ADU is part of the existing primary residence or an existing accessory structure;

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

      5.   When there is a car-share vehicle located within one block of the ADU.

   (J)   Owner occupancy.

      1.   If the owner occupies the primary residential unit, the owner may rent the ADU to one party. If the owner occupies the ADU, the owner may rent the primary residence to one party. The owner may rent both the primary residential unit and the ADU together to one party who many further sublease any unit(s) or portion(s) thereof. The owner shall be a signatory to any lease for the rented unit, for which the City may reasonably require a copy of to verify compliance with this chapter and shall be the applicant for any permit issued under this chapter. Owner occupancy for the primary dwelling or the ADU is not required for ADUs approved between January 2020 and January 2025. The rental of the ADU shall be longer than 30 days.

      2.   The ADU shall not be sold or held under a different legal ownership than the primary residence, nor shall the lot containing the ADU be subdivided, except as provided in Cal. Gov’t Code § 65852.26.

   (K)   Process and timing.

      1.   An ADU or JADU is considered and approve ministerially, without discretionary review or hearing, if it meets the minimum standards in this chapter.

      2.   The city must act on a building permit application to create an ADU or JADU within 60 days from the date that the city receives a completed permit application, unless either:

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

         (b)   If the building permit application to create an ADU or JADU is submitted is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU unit shall still be considered ministerially, without discretionary review or a hearing.

(Ord. 607, passed 8-20-2013; Ord. 659, passed 6-21-2022)

   (A)   Intent. It is the purpose of this section to regulate adult morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Details on regulations can be found in Title 10, Chapter 6 of this code.

   (B)   Permitted use. No adult entertainment businesses shall be established or located in any zone district other than the commercial zones.

(Ord. 533, passed 8-16-2005)

   (A)   Intent. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to wireless communication facilities in order to accommodate the needs of citizens and businesses while protecting the public health, safety and welfare, and the aesthetic quality of the community.

   (B)   Applicability.

      1.   These regulations apply to:

         (a)   New wireless telecommunication facilities or any additions or modifications to existing wireless telecommunication facilities approved after the date of the passing of this zoning ordinance; and

         (b)   Reapprovals after the date of passing of this zoning ordinance due to expiration, suspension, revocation or other lapse or prior approvals.

      2.   These regulations exempt wireless telecommunications facilities that are exempt by federal or state law; mobile, new or media units that are authorized during a declared emergency or disaster; and for special events not to exceed seven days.

   (C)   Permitted use. Permitted in industrial, commercial and open space zones. Preference includes installation/collocation on city owned property where inconspicuous to public view and residential areas.

   (D)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ANTENNA.

      1.   Any system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable.

      2.   ANTENNAS shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

      ANTENNA, AMATEUR RADIO. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

      ANTENNA, BUILDING MOUNTED. Any antenna, directly attached or affixed to a building, tank, tower or other structure. Building mounted antennas are identified in two distinct categories herein as follows:

         (a)   Wall mounted attached or affixed to the elevation of the structure; and

         (b)   Roof mounted attached or affixed to the rooftop or top of the structure.

      ANTENNA, DIRECTIONAL (also known as a PANEL ANTENNA). An antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

      ANTENNA, GROUND MOUNTED. Any antenna with its base (either single or multiple posts) placed directly on the ground or a mast 12 feet or less in height and six inches in diameter.

      ANTENNA, PARABOLIC (also known as SATELLITE DISH ANTENNA).

      1.   Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters.

      2.   This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.

      COLLOCATION. A wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure or property as another communication facility owned or operated by a different communication service provider.

      DIRECT BROADCAST SATELLITE SERVICE (DBS). A system in which signals are transmitted directly from a satellite to a small home receiving dish.

      ELECTROMAGNETIC. An electrical wave propagated by an electrostatic and magnetic field of varying intensity.

      NIER. Nonionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).

      RELATED EQUIPMENT. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

      SATELLITE EARTH STATION. A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.

      STEALTH DESIGN. A combination of design style and locational techniques that blend a wireless telecommunications facility into its environs in a visually sensitive and unobtrusive manner.

      TOWER. A mast, pole, monopole, lattice tower or other structure designed and primarily used to support antennas. This definition includes ground mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches in diameter supporting one or more antennas, dishes, arrays, or other associated equipment.

      WIRELESS COMMUNICATION FACILITY. A facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

   (E)   Permit requirements by zoning district. Unless otherwise exempt from permit requirements in this code, wireless communication facilities require permits in accordance with the following table. The following legend of permits applies to the table below:

      1.   Key. Permitted use subject to site plan/design review permit, designated as “DR”; conditional use permit required, designated as “CUP”.

 

      2.   Conditions. The designated approving authority for each of the listed permits may impose conditions on the wireless communication facility applications to ensure compliance with all provisions and purposes of this chapter.

      3.   Findings. Findings to deny any permit for a wireless communication facility as regulated herein shall be done in writing and supported by substantial evidence contained in the written record. Denial shall not be based on the environmental effects of radio frequency emissions that comply with the Federal Communication Commission emission regulation.

   (F)   Exemptions. The following wireless communication facilities are exempt from the requirements of this chapter as specified below and are subject to compliance with other provisions of this title.

      1.   A wireless communication facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provides that the antenna is exempt from local regulation.

      2.   Satellite earth station (SES) antennas, which are two meters (2 m) (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zoning district. In order to avoid the creation of an attractive nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

      3.   Parabolic antennas, direct broadcast satellite (DBS) antennas and multipoint distribution service (MDS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right-of-way.

      4.   Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards.

         (a)   Height limits. Amateur radio antennas in any district may extend to a maximum height of 75 feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation.

         (b)   Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be setback a minimum distance of five feet from interior property lines. If any portion of the antenna overhangs any property line, a design review permit is required to obtain the authorized signature of all affected property owners on the required application form.

         (c)   Tower safety. All antennas shall be located within an enclosed fenced area or have a minimum six-foot high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.

      5.   Minor modifications (emergency or routine) provided there is little or no change in the visual appearance as determined by the PIP director.

   (G)   Development standards; general development standards. Unless otherwise exempt pursuant to subsection (F) of this section, the following general development standards shall apply to all wireless communication facilities.

      1.   All wireless communication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan, this title, as well as other standards and guidelines adopted by the city.

      2.   All design review and conditional use permit applications for wireless communication facilities shall include a description of services proposed and documentation certifying applicable licenses or other approvals required by the Federal Communications Commission to provide services proposed in connection with the application.

      3.   All design review and conditional use permit applications for wireless communications facilities shall include a map and narrative description of all telecommunication sites existing, proposed or planned by the applicant in the city and within a one mile radius of the city border. Such applications shall also include an analysis of all reasonable and technically feasible alternative locations and/or facilities (including collocations) which could provide the proposed communication service.

      4.   To minimize the overall visual impact, new wireless communication facilities shall be collocated with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards and other utility structures whenever feasible and aesthetically desirable. To facilitate collocation when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future collocation of additional antennas and shall not enter into an exclusive lease for the use of the site.

      5.   At least ten feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.

   (H)   Development standards for antennas (excluding radio antennas). Unless otherwise exempt pursuant to subsection (F) of this section, the following development standards shall apply to receive-only antennas (ground and building mounted), parabolic antennas and satellite earth stations as defined in subsection (D) of this section.

      1.   Maximum number. One antenna per parcel, unless the applicant can demonstrate the service need for additional antenna.

      2.   Antenna location. Parabolic antenna and satellite earth stations shall be ground mounted in residential zoning districts. In all nonresidential zoning districts, the preference is for building mounted antenna. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view of the abutting street rights-of-way (excluding alleys). In all zoning districts, ground mounted antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function and all portions of the structure/antenna shall be set back a minimum of five feet from any property line.

      3.   Height limit. The height limit for ground mounted antenna is six feet. However, the height may be increased to a maximum of 12 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with subsection (H)4. of this section. Building mounted antennas shall not extend above the roofline, parapet wall or other roof screen or project beyond a maximum of 18 inches from the face of the building or other support structure.

      4.   Screening. Ground mounted antenna shall be screened with a fence, wall or dense landscaping so that the antenna is not visible from the public right-of-way and to minimize the visual impact on abutting properties. Building mounted antennas shall be screened as follows.

         (a)   Wall mounted equipment shall be flush mounted and painted or finished to match to building with concealed cables.

         (b)   Roof mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.

      5.   Color. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.

   (I)   Development standards for amateur radio antennas. Amateur radio antennas may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures (subsection (F) “Exemptions” of this section) only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals. The designated approving authority may issue the design review permit subject to any conditions necessary or appropriate to minimize the safety or aesthetic impacts of antenna installations, provided the conditions do not unreasonably prevent or limit transmission or reception of signals.

   (J)   Development standards for towers. The following development standards shall apply to towers (including collocation facilities) as defined in subsection (D), Definitions, of this section.

      1.   Site design. All facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, camouflage, to be compatible with existing architectural elements, landscape elements and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objective. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way (including public trails).

      2.   Safety design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight or attractive nuisances.

      3.   Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line or public trail shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property lines shall be at least equal to 20% of the height of the tower.

      4.   Height limit. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the designated approving authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for collocations on existing structures, provided facilities are screened from view of abutting street rights-of-way or camouflaged by matching the color(s) and/or material(s) of the structure to which it is attached.

      5.   Lighting. Towers and related equipment shall be unlit except as provided below:

         (a)   A manually operated or motion detector controlled light above the equipment shed door may be provided, except that the light shall remain off except when personnel are present at night;

         (b)   The minimum tower lighting required under FAA regulation; and

         (c)   Where tower lighting is required, said lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.

      6.   Landscape. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment and along street frontages to buffer abutting residential zoning districts or uses, and to buffer public trails in accordance with the following standards.

         (a)   Perimeter of facility. Landscaping around the perimeter of the facility shall include dense tree and shrub plantings with necessary irrigation. Wireless communication facilities shall be developed with an immediate landscape screen. Trees shall be fast growing evergreen species, a minimum of 24-inch box in size. Shrubs shall be a minimum 15 gallon size covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be planted no farther apart on center than the mature diameter of the proposed species.

         (b)   Street frontage. Along all street frontages abutting the subject parcel, trees shall be fast growing evergreen species, a minimum of 24-inch box in size, planted no farther apart on center than the mature diameter of the proposed species.

         (c)   Buffer to residential zoning districts or uses and public trails. Along the entire length of all residential property lines and public trails abutting the subject parcel, 24-inch box, fast growing evergreen trees shall be planted no farther apart on center than the mature diameter of the proposed species. Additionally, shrub planting along public trails shall be a minimum five gallon size and species shall be consistent with the native or other plantings along the trail in that same area.

      7.   Design/finish. The tower and related equipment shall have subdued colors and nonreflective materials that blend with the colors and materials of surrounding areas. When located on a parcel abutting a designated scenic corridor in the city, the tower shall be designed to simulate a tree of similar species to other trees in the immediate area.

      8.   Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning or other required seals or signs.

      9.   Parking. The off-street parking for wireless communication facilities shall be determined by the designated approving authority in conjunction with required development permits.

   (K)   Operation and maintenance standards.

      1.   Noise. All wireless communication facilities shall comply with the city’s noise ordinance at all times. When facilities are located within 100 feet of any residential property, a noise analysis shall be required to ensure that all proposed equipment either complies with or employs noise attenuation measures in compliance with the city’s maximum noise level standards. Backup generators shall only be operated during power outages and for testing and maintenance purposes.

      2.   Nonionizing electromagnetic radiation (NIER) exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To this end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or the federal government. To ensure compliance, an RF (radio frequency) testing report shall be submitted to the PIP director for all proposed facilities after the initial installation and operation, every five years thereafter, and any time the MPE limits are modified to demonstrate facility compliance with government safety standards.

   (L)   Removal provisions. In the event one or more antennas, towers or related equipment are not operated for the provision of wireless telecommunication services for a continuous period of three months or more, such antenna, tower and/or related equipment shall be deemed abandoned. The owner of same shall remove all such items within 30 days following the mailing of written notice that removal is required. If two or more providers of wireless telecommunication services use the antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such.

   (M)   Transfer of operation. Any carrier/service provider authorized by the city to operate a specific wireless communication facility may assign the operation of the facility to another carrier licensed by the FCC for that radio frequency provided that such transfer is made known to the PIP director in writing prior to the transfer and all conditions of approval for the subject installation are carried out by the new carrier/service provider.However, the carrier/service provider may, without written notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier/service provider.

   (N)   Effects of development. The city shall not be liable if development within the city, after installation of the antenna impairs antenna reception.

(Ord. 533, passed 8-16-2005; Ord. 591, passed 8-2-2011; Ord. 610, passed 2-18-2014)

   (A)   Intent. This section establishes standards and procedures for the siting and operation of a recycling facility that will provide for the collection, sorting and processing of recyclable materials.

   (B)   Permitted use. Recycling facilities shall be permitted in all industrial districts within the city and are subject to a site plan/design review process. All collecting and loading of recyclable materials shall be in accordance with Title 8, Chapter 7 of this code.

   (C)   Development standards. Recycling facilities shall comply with the following standards:

      1.   Established on a separate parcel not accessory to a main use;

      2.   Not located within 100 feet of a residential use;

      3.   Screened from public rights-of-way by solid, decorative masonry walls or located within an enclosed structure as approved by the city;

      4.   Structure setbacks, landscaping requirements and performance standards shall be as required by the zoning district;

      5.   Exterior storage of materials shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required screening;

      6.   Site shall be maintained in a clean, sanitary and orderly fashion, free of litter and other undesirable materials. Loose debris shall be removed daily;

      7.   There shall be no “after hours” donation of recyclable materials. Facility will be locked and secured when closed for operation; and

      8.   May have up to an average of two outbound truck shipments of material each day.

(Ord. 533, passed 8-16-2005)

   It shall be unlawful and a misdemeanor for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a medical marijuana dispensary.

(Ord. 589, passed 6-15-2010)

   (A)   Intent. To provide for the orderly regulation of body art establishments and technicians as defined in this code and pursuant to the Merced County Environmental Health Code and state law. It is in the interest of public health, safety and welfare that guidelines are set by providing certain minimum qualifications for body art establishments and the technicians employed by the establishment itself. For the purposes of this chapter, body art includes tattoos, body piercings and permanent makeup.

   (B)   Permitted use. No body art establishment shall be established or located in any zoning district other than the M-1 Limited Industrial Zone. A use permit is required for each establishment, which will not run with the land. Body art as a home occupation is strictly prohibited.

   (C)   Development standards. Body art establishments shall comply with the following standards.

      1.   No persons under the age of 18 shall be permitted within the body art establishment unless accompanied by a parent or legal guardian for the sole purpose of having body art removed.

      2.   All body art and financial transactions shall occur at the establishment. No employee or owner of the establishment may practice or provide body art to any client at their residence or place of business within city limits.

      3.   Retail sales of body art associated products on site are only allowed if specifically allowed by the use permit.

      4.   Hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

      5.   No gang related, racist or pornographic tattoos shall be permitted.

      6.   One body art establishment is allowed for every 10,000 population upon obtaining said use permit.

      7.   The operator and/or property owner shall be required to report any illegal activity occurring on the site or associated with the establishment.

      8.   Each body art establishment shall display in a manner legible and visible to clientele:

         (a)   Notice that persons under the age of 18 are not allowed in the establishment; and

         (b)   Notice that all illegal activity will be reported to the police.

      9.   The establishment shall be operated in strict compliance with regulations and processes adopted by Merced County Environmental Health and the Chief of Police of the city pursuant to Title 10, Chapter 11 of this code. Client information files, including photos and release forms, shall be maintained on site and accessible to the city and county for a minimum of two years.

      10.   The City Council may consider repeated violations related to the operation of the permittee’s business as cause to revoke the use permit approved under these regulations.

      11.   Existing permanent cosmetics practitioners shall have six months to comply with the code and obtain a use permit with fees waived.

   (D)   Exemptions. Physicians licensed in accordance with the state, who perform body art procedures as part of patient treatment are exempt from these regulations. Individuals who pierce only the lobe of the ear with a presterilized single use stud and clasp ear piercing system are exempt from these regulations.

(Ord. 541, passed 4-18-2006)

   (A)   Intent. To conditionally permit the cultivation of seasonal or annual crops and allow for the orderly regulations of activities associated with such cultivation. This section does not permit dairying, animal husbandry, slaughtering, or processing of livestock or animal matter.

   (B)   Permitted use. Cultivation of seasonal or annual crops is conditionally permitted on parcels larger than five acres in all zoning districts. A conditional use permit is required prior to the commencement of cultivation of seasonal or annual crops. All cultivation of seasonal or annual crops must comply with the development standards set forth in this section as well as any conditions required by the conditional use permit.

   (C)   Development standards. All cultivation of seasonal or annual crops must comply with the following standards.

      1.   Cultivation is only permitted on lots larger than five acres.

      2.   Only annual or seasonal crops may be planted. Perennial crops are prohibited.

      3.   The property has adequate water supply available to support the proposed activity.

      4.   Aerial spraying of pesticides or herbicides is prohibited. Additional limitations on the use of chemicals may be imposed in the conditional use permit.

   (D)   Exemptions. None.

(Ord. 602, passed 3-19-2013)

   (A)   Intent. To provide for the orderly regulation of smoke shops and/or smoking lounges as defined in this code, and to conditionally permit that use and allow for the orderly regulation associated with such activities.

   (B)   Conditional use. Smoke shops and/or smoking lounges are conditionally permitted only in the Downtown Commercial (DTC) and the Limited Industrial (M-1) Zoning Districts. A conditional use permit is required prior to the commencement of operations for this use. The conditional use permit shall not run with the land, but shall expire when the original holder of the conditional use permit ceases activity for longer than 30 days.

   (C)   Development standards. All smoke shops and/or smoking lounges must comply with the following standards.

      1.   Zoning district where use is allowed. The use is not allowed in any areas other than in the Downtown Commercial (DTC) and Limited Industrial (M-1) Zoning Districts.

      2.   Location. This use shall not be permitted within 500 feet of another smoke shop or smoking lounge, elementary school, middle school, high school, public library, public park or church.

      3.   Location in regard to minors. This use shall not be permitted within 500 feet of a youth oriented establishment characterized by either or both of the following:

         (a)   An establishment which advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or

         (b)   The individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. The uses and zones set forth in this section shall be collectively known as “sensitive uses”. The distance between a smoke shop and/or smoking lounge and this identified “sensitive use” shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure to the property line of said structure in which the “sensitive use” is identified.

      4.   Accessory use. A smoke shop and/or smoking lounge is not and shall not be approved as an accessory use to any other use permitted by this code.

      5.   Location within shopping center. If the use is located on a parcel within a shopping center, the distance between the smoke shop/smoking lounge and the locations described in subsections (C)2. and (C)3. of this section, shall be measured from the outermost boundary of the shopping center, including the boundary of the parking lot, landscaping or sidewalk if applicable.

      6.   Minors. Minors (defined as ages under 18 years) shall be prohibited from entering the above mentioned establishments.

   (D)   Exemptions. None.

(Ord. 622, passed 1-20-2015)

   (A)   Commercial cannabis activity allowed in compliance with this section only. Only the commercial cannabis activity permitted under this section is permitted in the city. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel in the city to cause or allow such parcel to be used for commercial cannabis activity that is not permitted in this section.

   (B)   Allowed commercial cannabis activity. The following commercial cannabis activity is permitted in the city. See § 5-3-15, Table 3 of this title regarding allowed uses within specific zoning districts:

      1.   Indoor and fully enclosed mixed light commercial cannabis cultivation;

      2.   Commercial indoor or greenhouse nursery;

      3.   Commercial medical cannabis delivery, originating from outside the city only;

      4.   Commercial cannabis manufacturing, volatile and nonvolatile;

      5.   Commercial cannabis testing; and

      6.   Commercial cannabis microbusinesses (outdoor cannabis cultivation and retail prohibited).

   (C)   Prohibited commercial cannabis activity.

      1.   No retail cannabis activity under state license Type 9, Type 10 or Type 12, or any subsequently established license, is permitted in the city, with the exception of the delivery of medical cannabis to qualified patients or caregivers from a location outside of the city.

      2.   No commercial outdoor cannabis cultivation is permitted in the city.

      3.   Any microbusiness use under a state license Type 12, or subsequently established license, may not include a retail or outdoor cultivation component.

   (D)   Location and minimum distance requirements for allowed commercial cannabis uses. The distances set forth in this section shall be measured in a straight line from property line to property line.

      1.   Commercial cannabis activity and uses are only permitted in zones identified in § 5-3-15, Table 3, Commercial Uses, of this title, and under the regulations set forth in this and related sections of this code.

      2.   No commercial cannabis activity may occur within 600 feet of a school, daycare, childcare or youth center.

      3.   No commercial cannabis activity, with the exception of testing laboratories, may occur within 400 feet of any residential use, park or library, or within 400 feet of land zoned for residential uses. Testing laboratories must be located at least 200 feet from any residential use, park, library or land zoned for residential uses.

      4.   The distance requirements in this section may be reduced by the decision maker only when the applicant can show that an actual impassible physical separation exists between the land uses, such as a major street, major highway or high wall, such that no off-site negative impacts would occur that would result in harm or potential harm to the public health, safety or welfare, unless otherwise prohibited under state law.

   (E)   Operator/permit holder qualifications. All commercial cannabis activity in the city requires a city cannabis permit. All cannabis permit holders and cannabis business operators must meet the following minimum qualifications. The city reserves the right to require additional qualifications through the cannabis permit application procedure.

      1.   Commercial cannabis permit holders and business operators must be 21 years of age or older.

      2.   Commercial cannabis permit holders and business operators shall be subject to a background search by the California Department of Justice and local law enforcement.

      3.   Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in Cal. Penal Code § 667.5(c), and Cal. Penal Code § 1192.7(c). Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, embezzlement, or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

      4.   Commercial cannabis permit holders must meet the minimum qualifications established by the state for the applicable state license type.

   (F)   Commercial cannabis permits.

      1.   No commercial cannabis activity may take place in the city without a commercial cannabis permit.

      2.   The city is not obligated to issue any commercial cannabis permits.

      3.   Commercial cannabis permits are valid for one year. Renewal may be automatic when required fees and taxes are paid in full, and no violations exist for the subject permit holder.

      4.   No commercial cannabis permit holder may commence business operations until the necessary state license(s) is/are obtained. “Business operations” does not include tenant improvements or other necessary pre-operational activities. “Business operations” means participating in commercial cannabis activities which require a state license.

      5.   All commercial cannabis permit holders must obtain a city business license. Additional permits or entitlements may be required depending on construction or improvements necessary to a building or site.

      6.   The total number of commercial cannabis permits granted for each state license type may be established by a City Council resolution.

      7.   The city may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this section, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of this code, or any other local, state or federal law.

      8.   No property interest, vested right or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder, as such permits are revocable. Permits issued pursuant to this section are not transferable to another individual or to another physical location without written city approval.

   (G)   Application and permit procedures.

      1.   Applications and forms. The City Manager may create necessary applications and forms, with input from the City Council, for commercial cannabis permits.

      2.   Application process. The City Manager may create the application process, with input from the City Council, for commercial cannabis permits. The process may vary for different license types.

         (a)   Such process will require Planning Commission review and approval of permits issued.

         (b)   Such process may include a request for proposal (“RFP”) process that includes City Council approval for certain license types, where deemed necessary.

      3.   Application forwarded. A commercial cannabis permit application will only be forwarded to the Planning Commission for consideration if the application is complete and applicant(s) has/have passed the applicable background screening requirements. All applicants must agree to enter into an operating/development agreement, pursuant to subsection (H) of this section.

      4.   Application denied. A commercial cannabis permit application may be denied by the Planning Commission if one or more of the following findings are made:

         (a)   The application does not meet all requirements of this section;

         (b)   Approval would very likely result in harm to public safety, health or welfare;

         (c)   Potential negative impacts of the use cannot be mitigated with conditions or through this section’s requirements; or

         (d)   The applicant has not paid all fees or taxes due to the city.

      5.   Appeals. Any Planning Commission decision to deny or grant a commercial cannabis permit application may be appealed to the City Council by an affected party by submitting a written appeal request to the City Clerk within ten days of the decision. Additionally, any Council member may request that any Planning Commission decision regarding a commercial cannabis permit be called up and decided by the City Council. Requests by Council members to call up a decision must be made within ten days of the Planning Commission decision. Appeals will be noticed and scheduled for the next available date for a public hearing before the City Council. City Council decisions on appeals and decisions called up to the Council are final.

      6.   Notice requirements.

         (a)   At least one public hearing shall be held on an application for a commercial cannabis permit, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing, and by posting the notice on the property involved at least ten days prior to such hearing.

         (b)   Notice shall be mailed or delivered at least ten calendar days before the scheduled hearing to the following:

            (1)   The owner(s) of the subject property(ies) being considered in the application, or the owner’s agent, and the applicant, if applicable;

            (2)   Each local agency expected to provide schools, water or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

            (3)   All owners of real property shown on the latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the subject property;

            (4)   Any person who has filed a written request for notice with the Planning Director; and

            (5)   Additional means of distribution may be used at the discretion of the City Clerk. Additional means of distribution may include mailing of notices not otherwise required, or posting notices in the immediate area of the property.

      7.   Permit fees. Commercial cannabis permit fees shall be set by resolution of the City Council. No permit shall be issued until fees are paid in full.

      8.   Approval. Commercial cannabis permits may contain additional conditions of approval.

      9.   Suspension, revocation and renewal. Any commercial cannabis permit issued under this section may be immediately suspended by the City Manager for any of the reasons listed in subsections (G)9.(a) through (G)9.(i) of this section. Any permit issued under this section may be revoked or not renewed by the city, following notice and opportunity for a hearing, upon any of the following:

         (a)   An operator ceases to meet any of the minimum qualifications listed in this section, fails to comply with the requirements of this section or any conditions of approval of the permit;

         (b)   An operator/permit holder’s state license for commercial cannabis operations is revoked, terminated or not renewed;

         (c)   The commercial cannabis operation fails to become operative within 18 months of obtaining its commercial cannabis permit;

         (d)   Once operational, the business ceases to be in regular and continuous operation for three consecutive months;

         (e)   State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them;

         (f)   Circumstances under which the permit was granted have significantly changed and the public health, safety and welfare require the suspension, revocation or modification;

         (g)   The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application;

         (h)   The operator/permit holder/business is not current on city taxes or fees, or is not current on payments required through an operating agreement; or

         (i)   The permit holder/operator’s state license for commercial cannabis operations is suspended. The city shall not reinstate the permit until documentation is received showing that the state license has been reinstated or reissued. It shall be up to the city’s discretion whether the city reinstates any permit.

      10.   Notice of revocation or nonrenewal. If the city proposes to revoke or not renew a permit, written notice of the proposed revocation or nonrenewal must be served on the permit holder at least 15 days prior to the date the proposed revocation or nonrenewal becomes effective. The notice shall be served personally or sent via certified mail and contain:

         (a)   A statement explaining the grounds for the revocation or nonrenewal; and

         (b)   A statement that the permit holder may appeal the action according to subsection (G)11. of this section, and that the failure to appeal the notice of revocation or nonrenewal will constitute a waiver of all rights to an appeal hearing, and the revocation will be final.

      11.   Appeal of proposed revocation or nonrenewal. Any applicant or permit holder may appeal a proposed permit revocation or nonrenewal by filing a written appeal with the City Manager’s office within ten days from the date of the notice of revocation or nonrenewal. The written appeal must contain the following:

         (a)   A brief clear statement, including material facts, to support the appellant’s position and the relief sought;

         (b)   The signature of the permit holder with verification under penalty of perjury of the truth of the statements in the written appeal; and

         (c)   Any required appeal fee, which may be approved via resolution of the City Council.

      12.   Appeal hearing procedure.

         (a)   Upon receipt of a valid written appeal, the City Manager shall schedule an appeal hearing no earlier than ten days and no later than 30 days from the receipt of the appeal.

         (b)   A hearing officer, appointed by the City Manager, will conduct the appeal hearing.

         (c)   The hearing officer may only consider evidence that is relevant to whether the permit should be revoked or not renewed. However, the formal rules of evidence shall not apply to the hearing.

         (d)   The person contesting the action will be given the opportunity to testify and present witnesses and evidence concerning the action. Unless requested in advance, by the person contesting the action, a representative of the city is not required to attend the hearing, provided that any such appearance may be made at the discretion of the City Manager.

         (e)   The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision.

         (f)   After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision within a reasonable time after the hearing, to uphold or deny the recommended action and must list in the reasons for that decision. The hearing officer will use preponderance of evidence as the standard of evidence in deciding issues. The decision of the hearing officer will be final.

         (g)   If the hearing officer determines that the action should not be upheld, the city will promptly refund the applicable amount of the appeal hearing fee.

         (h)   The city shall serve the recipient of the notice of appeal or nonrenewal with a copy of the hearing officer’s written decision by certified mail.

   (H)   Operating/development agreement required. All commercial cannabis permit holders shall enter into an operating or development agreement with the city, approved by the City Council, prior to beginning commercial operations. Such agreement shall set forth the terms and conditions under which the commercial cannabis activity will operate, that are in addition to the requirements of this code, including, but not limited to, payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare.

   (I)   Development and operational standards and security requirements.

      1.   Development and operational standards.

         (a)   Building requirements. All structures used in commercial cannabis uses shall be located in structures designed for that occupancy or use, and in compliance with the Building Code, per Title 4 of this code. Commercial cannabis uses that provide access to the public including, but not limited to, employees, vendors, contractors, business partners, members, customers or patients shall meet this code and state requirements for accessibility, including accessible parking, accessible path of travel, restrooms, and washing facilities.

         (b)   Emissions control. All commercial cannabis uses shall utilize appropriate measures in construction and, where applicable, operations to prevent the emissions of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.

         (c)   Hours of operation. Hours of operation for commercial cannabis uses may be established in permit conditions.

         (d)   Odor control and ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this section. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent and nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls odor, humidity, and mold.

         (e)   Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light cultivation operations shall be fully contained, so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

         (f)   Runoff and stormwater control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a stormwater management plan and an erosion and sediment control plan, approved by the city. The plan must include a best management practices for erosion control during and after construction, and a permanent drainage and erosion control measures pursuant to this code.

         (g)   Energy use. Use of renewable resources for indoor cultivation and mixed light operations is encouraged, and the city’s commercial cannabis permit application procedures may award credit for use of renewable resources.

         (h)   Fencing. Fencing shall be consistent with the surrounding area and shall not diminish the visual quality of the site or surrounding area. Razor wire, chain-link and similar fencing shall not be permitted.

         (i)   Weights and measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

         (j)   Tracking. Commercial cannabis operators shall comply with any track and trace program established by the city or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the city upon request. The City Manager may require commercial cannabis operators to comply with a county track and trace system if deemed appropriate.

         (k)   Restriction on alcohol sales and consumption. No alcoholic beverages may be sold, dispensed or consumed on or about the premises of any commercial cannabis use business.

         (l)   Hazardous materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tanks, above-ground storage tanks and AB 185 (hazardous materials handling) requirements, and maintain any applicable permits for these programs from appropriate agencies and officials.

         (m)   Hours of operation. Indoor cultivation activities may be conducted seven days a week, 24 hours per day, as needed, unless otherwise conditioned in the use permit or otherwise prohibited by the base zone. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8:00 a.m. to 8:00 p.m., unless a use permit is obtained that allows otherwise.

         (n)   Waste management.

            (1)   A waste management plan addressing the storing, handling and disposing of all waste by-products of the cultivation and processing activities shall be submitted for review and approval by the city. This plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose or reuse the wastes in compliance with any regulations adopted by the City Council through resolution or ordinance.

            (2)   All garbage and refuse on the site shall be accumulated or stored in non-absorbent, watertight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on this site shall not be accumulated or stored for more than seven calendar days and shall be properly disposed of before the end of the seventh day. All waste, including, but not limited to, refuse, garbage, green waste and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access by the public.

         (o)   Wastewater discharge. A wastewater management plan shall be submitted identifying the amount of wastewater, excess irrigation and domestic wastewater anticipated, pre-treatment method (when applicable), as well as the disposal method. All cultivation operations shall comply with all state regulations, any regulations adopted by the City Council through resolution or ordinance, and the discharger shall submit to the city verification of compliance with the waste discharge requirements of the applicable Regional Water Quality Control Board, or waiver thereof. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, grey water or bio-retention treatment systems. All wastewater discharged to the city sewer system shall comply with this code. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.

         (p)   Water supply. An on-site water supply source adequate to meet all on-site uses on a sustainable basis shall be provided. Trucked water shall not be allowed, except as noted below and for emergencies requiring immediate action as determined by the City Manager. The on-site water supply shall be considered adequate with documentation of any one of the following sources:

            (1)   Municipal water. The public water supplier providing water service to the site has adequate supplies to serve the proposed use;

            (2)   Recycled water. The use of recycled process wastewater from an on-site use or connection to a municipal recycled water supply for the cultivation use, provided that an adequate on-site water supply is available for employees and other uses; or

            (3)   Other water source. Other water source approved by the city.

      2.   Security requirements.

         (a)   Security plans. A commercial cannabis business must comply with a security plan that is approved by the City Manager, in consultation with the Police Department, that includes, but is not limited to, building security specifications, lighting, cameras and alarms to preserve the safety of persons and to protect the business from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products and any currency.

            (1)   The Police Chief may require additional information be included in the security plan.

            (2)   All security plans will be held by the city in a confidential file and shall be exempt from disclosure as a public record, unless otherwise prohibited by law or otherwise ordered by a court.

         (b)   Security measures. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the Chief of Police or his or her designee(s), these security measures shall include, but shall not be limited to, all of the following:

            (1)   Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business;

            (2)   Establishing limited access areas accessible only to authorized commercial cannabis business personnel;

            (3)   Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft and loss;

            (4)   Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his or her designee(s), and that it is compatible with the city’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his or her designee(s) upon request. Video recordings shall be maintained for a minimum of 45 days. Video recordings shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business. All surveillance equipment, records and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system;

            (5)   Areas where cannabis is grown, tested, cured, manufactured or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures or other equipment;

            (6)   Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing or labeling activities occur;

            (7)   At least one camera must be dedicated to record the access points to the secured surveillance recording area;

            (8)   Sensors and/or “key card” (proximity entry readers) access shall be installed to detect entry and exit from all secure areas such that the identity of those entering and exiting the facility is known. Any visitors to the establishment must be screened and have their identity thoroughly documented. Deadbolts must be placed on all doors entering and exiting the facility, along with doors used after regular business hours;

            (9)   Panic buttons shall be installed in all commercial cannabis businesses;

            (10)   Having a professionally installed, maintained and monitored alarm system;

            (11)   Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building;

            (12)   Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage;

            (13)   Each commercial cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the Chief of Police or his or her designee(s) regarding any security-related measures and/or operational issues;

            (14)   The commercial cannabis business shall cooperate with the city whenever the Chief of Police or his or her designee(s) makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this title;

            (15)   A commercial cannabis business shall notify the Chief of Police or his or her designee(s) within 24 hours after discovering any of the following:

               A.   Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his or her designee(s);

               B.   Diversion, theft, loss or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business;

               C.   The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers or employees or agents of the commercial cannabis business; and

               D.   Any other breach of security.

            (16)   Weapons and firearms are prohibited on the property, unless legally carried by a business owner or approved and properly licensed armed security personnel.

   (J)   Employees.

      1.   All employees of commercial cannabis businesses must be at least 21 years of age or older.

      2.   All employees of commercial cannabis businesses shall be subject to a background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in Cal. Penal Code § 667.5(c) and Cal. Penal Code § 1192.7(c). Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions or duties of the business or profession, including a felony conviction involving fraud, deceit or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

      3.   Each owner or operator of a commercial cannabis business shall maintain on-site a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the Chief of Police or his or her designee(s), or any other city official authorized to enforce this code for purposes of determining compliance with this chapter.

      4.   The Police Chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business, must obtain a work permit from the city. At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working, and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. The Police Chief may establish a fee for the cost of issuing such permit.

   (K)   Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including, but not limited to, the Departments of Health Services, Agriculture/Weights and Measures, the city’s Police Department, and city management. Cannabis operations shall be inspected at random times for conformance with this code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours, with at least 24 hours’ notice. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the commercial cannabis operation to immediately cease operations.

   (L)   Monitoring. Administrative monitoring shall be required for each commercial cannabis use and operation to be granted a permit. An annual monitoring fee may be adopted by resolution of the City Council and collected by the city.

   (M)   Health and safety. Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, run off or wastes.

   (N)   Taxes. Commercial cannabis uses shall comply with all city taxes, including any that may be enacted by the voters or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

   (O)   Liability and indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this section shall not become a personal liability of any public officer or employee of the city. To the maximum extent permitted by law, the permittees under this section shall defend (with counsel acceptable to the city), indemnify and hold harmless the city, the City Council and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “city”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “action”) against the city to attack, set aside, void or annul, any cannabis-related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action, and the permittee shall reimburse the city for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.

   (P)   Violations and enforcement.

      1.   Public nuisance. Any activity performed contrary to the provisions of this section is hereby declared to be a public nuisance.

      2.   Violation. Any violation of a term, condition or the approved plans and specifications of any permit issued pursuant to this section shall constitute a violation.

      3.   Separate offense. Each and every day during any portion of which any violation is committed, continued, or allowed to continue shall be a separate offense.

      4.   Remedies.

         (a)   In addition to the revocation and suspension provisions in this section and any or all available remedies under the law, the following remedies shall be available to the city or other enforcement agency regarding violations of this section:

            (1)   Administrative enforcement pursuant to Title 1, Chapter 18 of this code, and any other applicable section;

            (2)   Civil enforcement pursuant to this code; and

            (3)   Criminal enforcement if allowed under state law.

         (b)   City Council may, by resolution, adopt specific fines, fees and penalty amounts for violations and enforcement costs related to this section. In any enforcement action brought pursuant to this section, whether by administrative or judicial proceedings, each person who causes, permits, suffers or maintains the unlawful cannabis use, shall be liable for all costs incurred by the city, including, but not limited to, administrative costs and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, and any abatement action in compliance with the requirements of this section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorneys’ fees incurred. Recovery of attorney fees under this subsection (P)4.(b) shall be limited to those actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding, shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.

(Ord. 632, passed 12-19-2017)

   (A)   Outdoor personal cannabis cultivation prohibited. All outdoor personal cannabis cultivation is expressly prohibited in all zoning districts. OUTDOOR for purposes of this section means any location within the city that is not within a fully enclosed and secure structure. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel within any zoning district in the city to cause or allow such parcel to be used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational, personal or commercial uses.

   (B)   Indoor personal cannabis cultivation allowed in compliance with this section only. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel in the city to cause or allow such parcel to be used for the personal cultivation of cannabis plants within a fully enclosed, and secure structure on the parcel, except as provided in subsections (B)1. and (B)2. of this section.

      1.   Individuals permitted to cultivate cannabis indoors.

         (a)   Age restrictions. Only a person who is at least 18 years of age and either a qualified patient or a primary caregiver, or a person who is at least 21 years of age, may engage in personal indoor cultivation of cannabis.

         (b)   Residency requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.

         (c)   Permission of owner. Tenants or anyone cultivating shall obtain the written permission and signature of the property owner(s) prior to cultivating cannabis. A notarized signature from the owner(s) of the property consenting to the cultivation of cannabis at the premises, on a form acceptable to the city, shall be made available to the city upon request by any city official.

      2.   Indoor cultivation standards. Cannabis cultivated indoors, within the city, shall be in conformance with the following standards:

         (a)   Indoor personal cannabis cultivation is permitted only within a private residence or within a legal accessory structure to a private residence that is fully enclosed and secure, and meets the requirements of this section. PRIVATE RESIDENCE means any house, apartment unit, mobilehome or other similar dwelling;

         (b)   Personal cannabis cultivation is permitted only within fully enclosed and secured structures and the cultivation area must be inaccessible to minors. A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum ten-foot setback from any property line. Any parcel where cannabis is cultivated must be enclosed by a solid fence at least six feet in height;

         (c)   Cannabis cultivation may not occur in both a detached structure and inside a residence on the same parcel. Only one indoor cultivation area is allowed per parcel;

         (d)   Cannabis cultivation areas shall not be accessible to persons under 18 years of age. Cultivation areas shall be secured by lock and key or another security device which prevents unauthorized entry;

         (e)   Indoor cultivation of cannabis shall not exceed six cannabis plants per private residence, regardless of how many qualified adults, qualified patients or primary caregivers are residing at the private residence;

         (f)   Cannabis cultivation shall not occur on any carpeted area;

         (g)   Cannabis cultivation lighting shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city;

         (h)   The use of gas products (CO2, butane and the like) or generators for cannabis cultivation or processing is prohibited;

         (i)   Cannabis cultivation for sale or any commercial purpose is prohibited;

         (j)   From a public right-of-way, there shall be no exterior evidence of cannabis cultivation;

         (k)   The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s);

         (l)   Any cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of the city’s Building and State Health and Safety Codes;

         (m)   Any structure used for the cultivation of cannabis must have proper ventilation to prevent mold damage and to prevent cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

         (n)   The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration or other impacts, and shall not be hazardous due to the use or storage of materials, processes, products or wastes;

         (o)   Any modification to existing structures or plumbing, electrical or mechanical systems shall require a permit from the building official or his or her designee(s); and

         (p)   All personal cannabis cultivation waste must be disposed of in a manner that does not discharge pollutants into the watercourse or stormwater system. Additionally, all personal cannabis waste that includes mature flowers or seeds shall be disposed of by shredding and composting, or mixing the waste with other ground materials resulting in a mixture that is at least 50% non-cannabis waste by volume.

   (C)   Violation, penalty; generally. Any violation of this section shall be enforced by any applicable laws or ordinances, including, but not limited to, Title 1, Chapters 4, 17, 18 and 19 of this code.

(Ord. 632, passed 12-19-2017)