Manteca City Zoning Code
ARTICLE IV
STANDARDS FOR SPECIFIC LAND USES
§ 17.70.010 Purpose and Intent.
It is the purpose of this Chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the residents of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented businesses within the city. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult entertainment or adult-oriented materials to their intended market. In addition, it is not the intent or effect of this ordinance to condone or legitimize the distribution of obscene material.
(Ord. 1501 § 1, 2011)
§ 17.70.020 Applicability.
The regulations and standards contained in this Chapter shall apply to the establishment of any adult-oriented businesses as defined by Chapter 17.24 (Allowed Use Definitions) in the city and shall be in addition to any other development standards and regulations contained elsewhere within this Zoning Code. The establishment of any adult-oriented business shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any adult-oriented use. Note that additional definitions relative to adult-oriented businesses are listed in Section 17.100.020 (Adult Business Definitions).
(Ord. 1501 § 1, 2011)
§ 17.70.030 Permit Requirements.
Adult-oriented businesses regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.70.040 (Special Standards) of this Chapter. These requirements are in addition to other permits of certificates required by law.
(Ord. 1501 § 1, 2011)
§ 17.70.040 Special Standards.
Prior to the establishment of an adult-oriented business, the following requirements shall be met:
A.
Location Standards. For the purposes of this Chapter, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult-oriented business is conducted to the nearest property line of any lot or premises of uses specified in Section 17.70.040(A)(3), or to the nearest point of any building or structure used as part of the premises of any other adult-oriented business.
1.
Adult-oriented business shall be more than 300 feet from any area zoned for residential use.
2.
Adult-oriented business shall be more than 1,000 feet from any other adult entertainment business located inside or outside of city limits.
3.
Adult-oriented business shall be more than 500 feet from any public or private school, day care, park, playground, library, museum, government office, or assembly use.
B.
In any adult theater, the entire interior of the premises where the pictures are to be viewed shall be visible upon entrance to such premises; in addition, no viewing booths or areas shall be partially or fully enclosed or concealed.
C.
No person shall place, maintain, display, or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or of poses which emphasize or direct the viewer's attention to specified anatomical areas. As used herein, exposes to public view means exposes to the view of persons outside the building on which said material is placed, maintained, or displayed.
(Ord. 1501 § 1, 2011)
§ 17.72.010 Purpose.
The purpose of this Chapter is to provide incentives for the production of housing for very low, low, and moderate income, special needs, and senior households in accordance with Government Code Sections 65915 through 65918. In enacting this Chapter, it is the intent of the City Council to facilitate the development of affordable housing and to implement the goals and policies of the City's General Plan Housing Element.
(Ord. 1501 § 1, 2011)
§ 17.72.020 Eligibility for Incentives and Concessions and Density Bonuses.
The City of Manteca shall grant one density bonus, with concessions or incentives, as specified in Section 17.72.040 (Number and Types of Incentives and Concessions and Density Bonuses Allowed), when the applicant for the housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Chapter, that will contain at least one of the following:
A.
Ten percent of the total units of a housing development for lower-income households;
B.
Five percent of the total units of a housing development for very low-income households;
C.
A senior citizen housing development or age-restricted mobile home park; or
(Ord. 1501 § 1, 2011)
§ 17.72.030 General Provisions for Incentives and Concessions and Density Bonuses.
The following general provisions apply to the application and determination of all incentives and bonuses:
A.
Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number, except that the percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. For example, for a 200-unit project that proposes 21 lower-income units (or 10.5%), the allowed density bonus would be based on 10% lower-income units, not 11%.
B.
Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval.
C.
Density Bonus Excluded in Calculation. The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
D.
Parking. Upon request by the applicant, the City shall not require that a housing development meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:
1.
Zero (studio) to one bedroom: one on-site parking space per unit.
2.
Two to three bedrooms: two on-site parking spaces per unit.
3.
Four or more bedrooms: two and one-half parking spaces per unit.
If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. |
E.
Waived or Reduced Development Standards
1.
The City shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) at the densities or with the incentives or concessions permitted by this Chapter.
2.
An applicant may submit to the City a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the City. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if:
a.
The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
b.
This would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
c.
The waiver or reduction would be contrary to state or federal law.
F.
Multiple Zoning Districts. If the site of a development proposal is located in two or more Zoning Districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the Zoning Districts based on the site acreage within each Zoning District. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.
G.
Affordable Housing Requirements. For projects subject to Chapter 17.32 (Affordable Housing Requirements) of this Title, the affordable housing units required by that Chapter may be counted toward the affordable units required to qualify for a density bonus per Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses).
H.
Nothing in this Chapter shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.
I.
Agreement Required
1.
Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the City to ensure the continued affordability of all target units.
2.
For all target units, the agreement shall specify the household-income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this Chapter.
J.
Reports. The applicant shall submit financial or other reports along with the application for the project to establish compliance with this Chapter. The City may retain a consultant to review any financial report (pro forma). The cost of the consultant shall be borne by the applicant; except if the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council.
K.
CEQA Review. Any residential development that qualifies for a density bonus shall not be exempt from compliance with the California Environmental Quality Act.
(Ord. 1501 § 1, 2011)
§ 17.72.040 Number and Types of Incentives and Concessions and Density Bonuses Allowed.
A.
General Project Density Bonus. A housing development that satisfies the eligibility requirements in Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) of this Chapter shall be entitled to the following density bonus:
1.
For developments providing 10 percent lower-income target units, the City shall provide a 20 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1.5 percent supplemental increase over that base for every 1 percent increase in low-income target units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent.
2.
For developments providing 5 percent very low-income target units, the City shall provide a 20 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 2.5 percent supplemental increase over that base for every 1 percent increase in very low-income target units above 5 percent. The maximum density bonus allowed including supplemental increases is 35 percent.
3.
For senior citizen housing developments, a flat 20 percent of the number of senior units.
4.
For common interest developments providing 10 percent moderate-income target units, the City shall provide a 5 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1 percent increase in moderate-income units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent.
B.
Number of Incentives or Concessions. In addition to the eligible density bonus percentage described in this Section, an applicant may request specific incentives or concessions in connection with its application for a density bonus as follows:
1.
One incentive or concession for projects that include at least 10 percent of the total units for lower-income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate income in a common interest development.
2.
Two incentives or concessions for projects that include at least 20 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a common interest development.
3.
Three incentives or concessions for projects that include at least 30 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a common interest development.
4.
The City shall grant the concession or incentive requested by the applicant unless it makes a written finding of either of the following:
a.
The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
b.
The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
c.
The concession or incentive would be contrary to state or federal law.
C.
Available Incentives and Concessions. The following incentives and concessions are available for compliance with this Chapter:
1.
A reduction in the site development standards or a modification of Zoning Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 Section 18907 of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.
2.
Approval of mixed-use development in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and surrounding existing development in the area in which the housing development will be located.
3.
Other regulatory incentives or concessions proposed by the applicant or that the City determines that will result in identifiable, financially sufficient, and actual cost reductions.
4.
Priority processing of a housing development that provides income-restricted units.
D.
Additional Density Bonus and Incentives and Concessions for Donation of Land to the City. The following incentives and concessions are available for compliance with this Chapter:
1.
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City and agrees to include a minimum of 10 percent of the total units before the density bonus for very low-income households, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density, plus a 1 percent supplemental increase for each additional percentage of very low-income units to a maximum density bonus of 35 percent for the entire development.
2.
The density bonus provided in this subsection shall be in addition to any other density bonus provided by this Chapter up to a maximum combined density bonus of 35 percent.
3.
The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
a.
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
b.
The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.
c.
The transferred land is at least 1 acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of Government Code, and is or will be served by adequate public facilities and infrastructure.
d.
The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of Government Code if the design is not reviewed by the local government prior to the time of transfer.
e.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this Chapter, which shall be recorded on the property at the time of the transfer.
f.
The land is transferred to the City or to a housing developer approved by the City.
g.
The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.
h.
A proposed source of funding for the very low-income units shall be identified no later than the date of approval of the final subdivision map, parcel map, or residential development application.
4.
Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.
E.
Additional Density Bonus and Incentives and Concessions for Development of Child Care Facility.
The following density bonus incentives and concessions are available for compliance with this Chapter:
1.
Housing developments meeting the requirements of Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses) and including a child-care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:
a.
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square footage in the child-care facility.
b.
An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child-care facility.
2.
The City shall require the following as conditions of approving the housing development:
a.
The child-care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to Subdivision (c) of Section 65915 of the Government Code; and
b.
Of the children who attend the child-care facility, the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 17.72.020 (Eligibility for Incentives and Concessions and Density Bonuses).
3.
Notwithstanding any other requirements of this Section, the City shall not be required to provide a density bonus or incentive or concession for a child-care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child-care facilities.
F.
Condominium Conversion Incentives for Low-Income Housing Development. The following incentives and concessions are available for compliance with this Chapter:
1.
An applicant for approval to convert apartments to a condominium project may submit to the City a preliminary proposal pursuant to this Section prior to the submittal of any formal requests for subdivision map approvals. The City shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this Section.
2.
When an applicant for approval to convert apartments to a condominium project agrees to the following, the City shall grant either a density bonus of 25 percent over the number of apartments (to be provided within the existing structure or structures proposed for conversion) or provide other incentives of equivalent financial value.
a.
Provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least 15 percent of the total units of the proposed condominium project to lower-income households; and
b.
Agree to pay for the reasonably necessary administrative costs incurred by the City.
3.
For purposes of this Subsection, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.
4.
Nothing in this Subsection shall be construed to require the City to approve a proposal to convert apartments to condominiums.
5.
An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided.
(Ord. 1501 § 1, 2011)
§ 17.72.050 Location of Density Bonus Units.
As required by state law, the location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-target 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.
(Ord. 1501 § 1, 2011)
§ 17.72.060 Continued Availability.
A.
In a housing development providing low-or very low-income target units to qualify for a density bonus, the target units must remain restricted to low- or very low-income households for a minimum of 30 years from the date of issuance of the Certificate of Occupancy by the Building Official, or longer if required by the project financing.
B.
In the case of a common interest housing development providing moderate-income target units to qualify for a density bonus, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, the City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The City's "proportionate share" shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of the initial sale. The local City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(Ord. 1501 § 1, 2011)
§ 17.72.070 Process for Approval or Denial.
A.
Process for Approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated Approving Authority for density bonuses, incentives, and concessions shall be the City Council. In approving the density bonus and any related incentives or concessions, the City and applicant shall enter into a density bonus agreement.
B.
Approval of Density Bonus Required. The City shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this Chapter and state law.
C.
Approval of Incentives or Concessions Required Unless Denial Findings Made. The City shall grant the incentive(s) and concession(s) requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:
1.
The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.
2.
The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
3.
The concession or incentive would be contrary to state or federal law.
(Ord. 1501 § 1, 2011)
§ 17.74.010 Purpose.
The purpose of this Chapter is to establish regulations for drive-in and drive-through businesses to address vehicle circulation, pedestrian access and circulation, and noise.
(Ord. 1501 § 1, 2011)
§ 17.74.020 Applicability.
The regulations contained in this Chapter shall apply to all new drive-in and drive-through sales and service facilities as defined in Chapter 17.24 (Allowed Use Definitions) and shall be in addition to any other development standards and regulations contained elsewhere within this Zoning Code (e.g., lighting). Drive-in and drive-through sales and service facilities shall only be authorized in conjunction with the permit requirements of Article II (Zoning Districts, Allowed Uses, and Development Standards).
(Ord. 1501 § 1, 2011)
§ 17.74.030 Permit Requirements.
Pursuant to Article II (Zoning Districts, Allowed Uses, and Development Standards), a Minor Use Permit is required for all drive-in and drive-through sales and services. The Minor Use Permit process is outlined in Section 17.10.070 (Minor Use Permit).
(Ord. 1501 § 1, 2011)
§ 17.74.040 Development and Design Standards.
The following standards shall be the minimum requirements for all drive-in and drive-through sales and service facilities. Modifications to these provisions may be considered in conjunction with the Conditional Use Permit application.
A.
Drive Aisles. The minimum standards for drive-through and remote teller aisles are as follows:
1.
On Curves. Aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width.
2.
On Straight Sections. Aisles shall have a minimum 11-foot minimum width on straight sections.
3.
Aisles shall provide at least 180 feet of stacking space for each facility, as measured from the service window or unit to the entry point into the drive-up lane. Non-food and/or non-beverage businesses may reduce the stacking space to a minimum of 60 feet. Exceptions may be granted by the designated Approving Authority when an applicant demonstrates that the required stacking space is unnecessary.
4.
Aisle entrances and exits shall be at least 25 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on an adjacent property. When an aisle encroaches into the front yard and side street setbacks, 25 feet of landscaping shall be provided with at least 10 feet of landscaping between the aisle and right-of-way. Exceptions may be granted by the designated Approving Authority when aisle pullout spaces are provided.
5.
Aisles shall be separated from the site's ingress and egress routes or access to a parking space.
B.
Pedestrian Access and Crossings. Pedestrian walkways should not intersect the drive-through aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving and shall be clearly signed to alert vehicles in the drive-through aisles.
C.
Parking. Drive-up windows, remote tellers, and drive-through aisles shall be designed and constructed to be consistent with the requirements of Chapter 17.52 (Parking). The placement of drive-through aisles shall not be considered as justification for reducing the number of parking spaces which are otherwise required.
D.
Noise. Drive-up windows and their order stations with amplified sound shall be 300 feet from residential structures. Drive-up windows or remote tellers without amplified sound may reduce the separation distance to a minimum of 75 feet from residential structures. These minimum separation standards may be reduced where an applicant produces a noise analysis by a qualified acoustical professional to demonstrate that the proposed noise source will meet all of the City's adopted noise standards for nearby residences.
(Ord. 1501 § 1, 2011)
§ 17.74.050 Required Findings.
In addition to standard Conditional Use Permit findings, all of the special findings below shall be made in order for the designated Approving Authority to approve a Conditional Use Permit for drive-in or drive-through sales and service facilities.
A.
The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property.
B.
The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility nor impair normal circulation within the parking lot.
C.
The design and location of the facility will not create a nuisance for adjoining properties.
(Ord. 1501 § 1, 2011)
§ 17.76.010 Purpose.
The purpose of this Chapter is to establish regulations governing the provision of emergency housing for vulnerable members of the community while protecting and upholding the general public health, safety, and welfare.
(Ord. 1501 § 1, 2011; Ord. 1558 § 3, 2015)
§ 17.76.020 Applicability.
The regulations and standards contained in this Chapter shall apply to the establishment and operation of emergency shelters, as defined by Chapter 17.24 (Allowed Use Definitions), in the City.
(Ord. 1501 § 1, 2011; Ord. 1558 § 3, 2015)
§ 17.76.030 Permit Requirements.
Emergency shelters regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.76.040 (Special Standards) of this Chapter. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
(Ord. 1501 § 1, 2011; Ord. 1558 § 3, 2015)
§ 17.76.040 Special Standards.
Prior to the establishment of an emergency shelter, the following requirements shall be met:
A.
Outdoor Activities. All functions associated with the shelter, except for children's play areas, outdoor recreation areas, parking, and outdoor waiting, must take place within the building(s) proposed to house the shelter. Adequate facilities shall be provided for any clients waiting outdoors, if any. Such facilities shall include, but are not limited to, benches or other shaded seating areas. Such areas shall not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.
B.
Physical Characteristics.
1.
The maximum number of beds for emergency housing shall be 100 unless a Conditional Use Permit is applied for and approved.
2.
The maximum number of beds does not apply in situations of City-designated or statewide designated disasters or catastrophic conditions.
3.
Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.
4.
The facility shall have adequate private living space, shower and toilet facilities, and secure storage areas for its intended residents.
5.
The size of an emergency facility shall be in character with the surrounding neighborhood.
6.
The facility shall have at least one bedroom that has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.
C.
Operational Standards
1.
Emergency shelter facilities shall comply with all federal and state licensing requirements.
2.
Emergency shelter facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.
3.
If the facility is proposed for location in an area developed as a residential area, all intake and screening shall be conducted off-site.
4.
If a program includes a drug or alcohol abuse counseling component, appropriate state and/or federal licensing shall be required.
5.
The program shall provide accommodations appropriate for a minimum stay of 28 days and a maximum of 180 days per client/family.
6.
The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing, and employment opportunities.
7.
Emergency shelters shall provide specific mechanisms for residents to contact social services.
8.
The program shall include clear and acceptable arrangements for facility residents, such as on-site meal preparation or food provision or disbursement.
9.
The program, where applicable, shall provide child-care services and ensure that school-aged children are enrolled in school during their stay at the facility.
10.
The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.
11.
Shelters may establish written expectations of residents—behavioral, medical, and religious, etc. Expectations of residents will be available to each resident at entry to the shelter and to the public (upon request).
12.
Shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering, but not necessarily limited to, HIV/AIDS, hepatitis, and tuberculosis.
13.
Domestic violence shelters shall maintain a record of clients and visitors at all times. Clients will have immediate 24-hour access to shelter staff, and no walk-in services shall be provided at any time in the safe house itself.
14.
Emergency shelters shall provide on-site management and support staff at all times during shelter use.
15.
A management plan shall be submitted for approval by the Community Development Director. Such plan shall address all issues identified by the Community Development Director including, but not limited to, the following:
(Ord. 1501 § 1, 2011; Ord. 1558 § 3, 2015)
§ 17.78.010 Purpose and Intent.
The purpose of this Chapter is to establish regulations to allow limited business activity to occur at residences where the business activity is clearly incidental to the primary residential use and will not change the neighborhood's residential character or integrity. Regulations in this Chapter are intended to reduce impacts of home occupations to the degree that its effects on the neighborhood are not detectable from normal and usual residential activity.
(Ord. 1501 § 1, 2011)
§ 17.78.020 Applicability.
The regulations and standards contained in this Chapter shall apply to all home occupations, as defined by Chapter 17.24 (Allowed Use Definitions), in the City.
(Ord. 1501 § 1, 2011)
§ 17.78.030 Permit Requirements.
Home occupations regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.78.040 (Special Standards) of this Chapter as determined through administrative Zoning Conformance. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
(Ord. 1501 § 1, 2011)
§ 17.78.040 Special Standards.
In general, a home occupation shall be located and conducted such that the average neighbor, under normal circumstances, would be unaware of its presence. All home occupations shall continuously meet the following regulations in addition to any conditions imposed by the business license for home occupation issued by the City. Prior to the establishment of any home occupation, the following requirements must be met:
A.
Occupancy by Operator. The residence where the home occupation is located shall be the primary residence for the operator of the home occupation.
B.
Business License. A business license from the City is required for any home occupation consistent with the requirements of this Municipal Code.
C.
Advertising and Display. Signs pertaining to home occupations shall comply with the provisions of Chapter 17.54 (Signs on Private Property). There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.
D.
Number of Home Occupations. One home occupation is allowed at a home where customers may visit the business. Otherwise, there is a limit of one additional home occupation for the residence where no customers may visit the business.
E.
On-Site Sales. The home occupation shall not involve sale of merchandise other than that produced on the premises (e.g., artist's originals or products individually made to order), or directly related to and incidental to the services offered. Products which are not produced on the premises may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold off-site at a permitted commercial location.
F.
Primary Residential Use. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.
G.
Operation and Off-Site Effects. No process shall be used which is hazardous to public health, safety, or welfare. The home occupation shall produce no evidence of its existence upon or beyond the premises such as external alterations creating nonresidential or unsightly appearance of a structure, noise, smoke, fumes, odors, light, electrical interference, dust, glare, liquid or solid waste, or vibrations. Noise levels shall comply with the City's Noise Ordinance. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
H.
Visitors and Customers. Generally, business visitors and customers of the home occupation are prohibited from visiting the residence. However, this provision does not apply to home occupations of an educational nature, including, but not limited to, tutoring, music instruction, swimming lessons, and art. Such uses are limited to not more than one business visitor per hour and no more than one at any given time.
I.
Storage and Waste Materials. There shall be no outside storage of material, equipment, products, or supplies. Hazardous materials may only be stored in amounts below the thresholds as established by the local Fire Department which do not require any special permits or licenses. The home occupation shall dispose of all waste materials or byproducts on a regular, timely basis in conformance with applicable garbage collection, fire protection, and public health regulations.
J.
Structure. The home occupation shall be confined completely within a legal structure and shall not occupy more than one room, or the equivalent of 25 percent of the floor area of a dwelling, whichever is greater, or 200 square feet of a permitted accessory building. No internal or external alterations for the home occupation shall be made to the dwelling unit that are not customarily found in or to serve residents. Conversion or alteration of a portion of the interior of the residence, garage, or accessory structure that does not result in a loss of off-street parking or adversely alter the exterior appearance of the structure may be allowed through approval of appropriate entitlements and issuance of a building permit.
K.
Traffic, Vehicles, and Deliveries. The home occupations shall not generate deliveries, pedestrian, or vehicular traffic beyond that which is normal in a residential district. No vehicles not normally found or parked for extended periods of time in a residential area shall be located at a home occupation, including, but not limited to, tool trucks, dump trucks, semis, and vehicles for hire (e.g., taxicab, limousine, pedicab).
L.
The Approving Authority may limit the length of time in order to effect periodic review of the home occupation operations or establish reasonable conditions on the operation of any home occupation to meet the intent of this Chapter.
(Ord. 1501 § 1, 2011)
§ 17.78.050 Permit Revocation.
A.
Upon failure to comply with the home occupation regulations of this Chapter, the Community Development Director (or designee) may after notice revoke the home occupation approval and/or business license. Such revocation may be appealed to the Planning Commission pursuant to the appeal procedure provided in Section 17.08.070 (Appeals) of this Title.
B.
Violation of City ordinances, including any conditions imposed upon the home occupation, shall be investigated by the Community Development Director. If the use is found not to be in full compliance with the Zoning Code or conditions of approval, the Community Development Director shall have cause to suspend or revoke the home occupation or amend operational conditions.
C.
Once a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted, and subsequent applications shall not be filed within one year from the date of revocation.
(Ord. 1501 § 1, 2011)
§ 17.80.010 Purpose and Intent.
The purpose of this Chapter is to regulate permanent and temporary outdoor sales, display, and storage, and permanent outdoor seating uses. Regulations herein are intended to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter.
(Ord. 1501 § 1, 2011)
§ 17.80.020 Applicability.
The regulations and standards contained in this Chapter shall apply to the establishment and operation of any permanent and temporary outdoor sales, display, and storage, and permanent outdoor seating as defined by Section 17.100.060 (Universal Definitions) within the city.
(Ord. 1501 § 1, 2011)
§ 17.80.030 Permit Requirements.
The following outdoor activities shall be subject to the permit requirements as listed below.
A.
Permanent Outdoor Display and Sales. Permanent outdoor displays and sales are subject to the special regulations outlined in Section 17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor displays and sales shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
B.
Temporary Outdoor Display and Sales
1.
Temporary outdoor display and sales are permitted upon issuance of a Temporary Use Permit in accordance with Chapter 17.84 (Temporary Uses) and Section 17.10.080 (Temporary Use Permit), and shall be subject to the special regulations outlined in Section 17.80.040 (Special Standards) of this Chapter. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
C.
Permanent Outdoor Storage. Permanent outdoor storage subject to the special regulations outlined in Section 17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor storage shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
D.
Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit in accordance with Chapter 17.84 (Temporary Uses) and Section 17.10.080 (Temporary Use Permit). Temporary outdoor storage shall be subject to the special regulations outlined in Section 17.80.040 (Special Standards) of this Chapter. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
1.
Exempt from Permit. The following uses and activities shall be exempt from the requirement for a Temporary Use Permit:
a.
Storage of construction materials and equipment as part of an active construction site, provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s).
E.
Outdoor Sidewalk Seating
1.
Permanent outdoor seating is subject to the special regulations outlined in Section 17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor storage shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law. Outdoor seating shall be subject to the following required findings for approval.
2.
Required Findings for Approval of Outdoor Seating. The following findings must be made prior to approval of permanent outdoor seating.
a.
The proposed outdoor seating area does not interfere with pedestrian mobility within designated pathways (e.g., sidewalk) or reduce the width of pathways to an amount less than that required under the Americans with Disabilities Act and the City-adopted Building Code;
b.
The proposed outdoor seating area does not interfere with access of public employees and utility workers to meters, fire hydrants, or other public utilities and facilities in the right-of-way; or
c.
The proposed outdoor seating area does not block or obstruct the view of necessary authorized traffic devices.
(Ord. 1501 § 1, 2011)
§ 17.80.040 Special Standards.
A.
General Development Standards. The following development standards apply to all permanent and temporary outdoor display, sales, and storage activities, and all permanent outdoor seating:
1.
Location. Outdoor activities shall not be located within any public right-of-way (unless an Encroachment Permit has been issued), in required parking spaces or within designed vehicle drive aisles, or within required landscape planter areas. Outdoor activities may also not disrupt or impede pedestrian paths (pathways that meet the Americans with Disabilities Act (ADA) sidewalk width requirements of 4 feet) and enhanced pedestrian paths (pathways that exceed the ADA sidewalk width requirement and include amenities (e.g., seating, trash receptacles, and drinking fountains) or any additional requirements as listed in the Uniform Building Code).
2.
Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use.
3.
Noise. Any noise generated by the outdoor activity shall be consistent with the City's Noise Ordinance.
4.
Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.54 (Signs on Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot).
5.
Maintenance. Outdoor activity areas shall be kept free of garbage and other debris.
6.
Sidewalk Clearance. All outdoor activity areas shall leave a minimum horizontal clear space of 6 feet, or such greater amount of clear space as the Public Works Division finds necessary to protect and enhance pedestrian and vehicle traffic for public use in the sidewalk area, as that space is determined by the City Engineer or his/her designee.
B.
Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities:
1.
Associated With the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a Temporary Use Permit).
2.
Maximum Area. Unless otherwise approved in conjunction with development permits, the area used for permanent outdoor display and sales of materials shall not exceed ten percent of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this limitation, provided storage and display is limited to vehicles offered for sale or rental only.
C.
Standards for Outdoor Storage. The following development standards shall apply to all permanent and temporary outdoor storage activities:
1.
Location. Outdoor storage may not be located within any required front or street side yard for the underlying Zoning District within which the activity is located.
2.
Height Limitation. The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate enclosing the storage area, unless specifically stated as a development standard associated with a use.
D.
Standards for Outdoor Seating. The following development standards shall apply to all permanent outdoor seating:
1.
Outdoor seating areas shall not extend into a continuous through pedestrian zone of less than 6 feet in width and shall not obstruct pedestrian and wheelchair access.
2.
Permit Posted. A permit approving the outdoor seating, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.
3.
Any authorized outdoor seating shall be subject to additional taxes, permits, or fees as required by law.
4.
Permittee's Liability. The permittee explicitly agrees to hold the City, its officers, and employees harmless from any liability, claims, suits, or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance, or removal of outdoor seating.
5.
Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.
6.
Permittee to Ensure Compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.
7.
If conflict exists or is created between City improvements and outdoor seating areas. When any outdoor seating area is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, the seating shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict. The removal or relocation shall be at the sole expense of the permittee. Should the permittee fail to comply with the written demand within a reasonable period of time, the City may cause such relocation of the seating area at the expense of the permittee. Any such noncompliance shall also be a violation of this Title.
8.
Parking. When the Community Development Director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, the Community Development Director may require off-street parking for the outdoor area devoted for the outdoor seating at the rate required for interior floor area for food service establishments.
(Ord. 1501 § 1, 2011)
§ 17.82.010 Purpose.
The purpose of this section is to:
A.
Allow accessory dwelling units on residential properties while respecting the character of the residential neighborhood.
B.
Increase the variety of housing types that are accessible for all income groups.
C.
Support affordable housing and multi-generational living.
D.
Encourage housing construction or alteration to assist residents with special needs including residents with disabilities.
E.
Create flexibility in the design and location of accessory dwelling units.
F.
Maintain adequate setback requirements and height limitations.
G.
Achieve conformity with state law to reduce barriers in the approval process and create more housing units and implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.
(Ord. O2022-12 § 2)
§ 17.82.020 Definitions.
"Accessory dwelling unit" has the meaning set forth in Government Code Section 65852.2 and means an attached or detached residential dwelling unit that provides complete independent living, sleeping, eating, cooking, and sanitation facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit is not an accessory building or structure.
An ADU that shares at least one common wall with the primary dwelling.
An ADU that is constructed as a separate structure from an existing or proposed single-family or multi-family dwelling. An accessory dwelling unit attached to the primary dwelling or structure via a roof, breezeway, trellis, or covered walkway shall be considered a detached ADU.
"Efficiency unit" has the same meaning as set forth in Health and Safety Code Section 17958.1, and may be permitted for occupancy by no more than two persons. The efficiency units hall have a minimum floor area of 220 square feet and shall have a bathroom facility and partial kitchen or kitchenette.
Living quarters or conditioned space within an accessory building for the use of persons living on the premises or for temporary use by guests of the occupants of the premises. Such quarters may have bathroom facilities and shall have no kitchen facilities, including, but not limited to, 220v appliance outlets, internal gas terminations, ovens, stoves, or others as determined by the Development Services Director. Such quarters shall not be rented or otherwise be used as a separate dwelling. A pool house, workshop, home office, casita, or studio is also considered a guesthouse and meets the requirements of an accessory structure for the appropriate zoning designation.
"Junior accessory dwelling unit" has the meaning set forth in Government Code Section 65852.22 and means a residential dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence, which does not include the garage. A JADU shall include an efficiency kitchen and may include separate bathroom facilities or share bathroom facilities with the single-family residence.
"Manufactured home" has the meaning set forth in Section 18007 of the Health and Safety Code.
For purposed of this section, "primary dwelling" means the existing or proposed single-family or multi-family dwelling on the lot where an ADU would be located.
For purposes of this section, "public transport" has the meaning set forth in Section 65652.2(j) of the Government Code.
(Ord. O2022-12 § 2)
§ 17.82.030 Development Standards.
An accessory dwelling unit may be constructed on the same lot as an existing or proposed single-family dwelling, duplex, or multi-family dwelling in Residential or Mixed-Use Zoning Districts and in Precise Plan Zoning Districts that allow residential uses, subject only to applicable building code requirements and the following development standards.
A.
Number, Density and Location
1.
Single-Family Dwelling—Number. No more than one accessory dwelling unit and one junior accessory dwelling unit shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An accessory dwelling unit and junior accessory dwelling unit may be located in the same primary dwelling.
2.
Duplex and Multi-family Dwelling—Number. No more than two accessory dwelling units detached from an existing multi-family dwelling unit shall be permitted to be located on the same lot. At least one accessory dwelling unit and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
3.
Density. Accessory dwelling units and junior accessory dwelling units shall not count toward the allowed density for the lot upon which the unit is located. Accessory dwelling units and junior accessory dwelling units approved in compliance with this article shall be considered a residential use that is consistent with the requirements of the General Plan and zoning ordinance.
4.
Location. Accessory dwelling units may be attached to, detached from, or located within an existing dwelling assuming all exterior access requirements are met. Junior accessory dwelling units shall be located within the existing or proposed single-family dwelling.
B.
Lot Coverage. Accessory dwelling units shall be exempt from lot coverage calculations of the underlying zoning district. For the purposes of this article, attached garages, carports, and covered porches associated with an accessory dwelling unit shall count towards lot coverage.
C.
Building Height and Setbacks
1.
Setbacks.
a.
A four foot side and rear yard setback shall be required. Accessory dwelling units shall be subject to front yard setbacks applicable to the primary dwelling unless such a requirement would preclude the construction of a Statewide Exemption Accessory Dwelling Unit as is described in Section 17.82.040.
b.
No setback shall be required for an accessory dwelling unit located within the existing living area or an existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A legal accessory building (including a detached garage) may be converted into an accessory dwelling unit provided the side and rear setbacks are sufficient for fire safety.
2.
Conversion and Expansion of Converted Structures. Any expansion of an accessory dwelling unit converted from a legal accessory building or primary dwelling shall be subject to this section, Section 17.82.030 (Development Standards) requirements for an accessory dwelling unit.
3.
Height.
a.
Attached Accessory Dwelling Unit. Accessory dwelling units attached to an existing or proposed primary dwelling shall be subject to a maximum height of 16 feet.
b.
Detached Accessory Dwelling Unit. Accessory dwelling units detached from an existing or proposed primary dwelling shall be subject to a maximum height of 16 feet. Detached accessory dwelling units shall also be subject to the following:
i.
No more than 600 square feet of the accessory dwelling unit shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.
ii.
Balconies and second story decks shall be located interior to the site and not facing the immediately adjacent side or rear yards.
iii.
Open stairways shall be located interior to the site and not facing the immediately adjacent side or rear yards, if feasible.
4.
Access. An accessory dwelling unit shall have independent exterior access and a separate address.
5.
Square Footage. The maximum allowable square footage for an accessory dwelling unit shall not exceed the area specified below, provided that in no instance may an attached accessory dwelling unit exceed 50 percent of the total square footage of the existing primary dwelling. Notwithstanding the foregoing, accessory dwelling units subject to Section 17.82.040 (Statewide Exemption Accessory Dwelling Units) may exceed 50 percent of the existing primary dwelling square footage to allow up to 850 square feet. For the purposes of this article, square footage for an accessory dwelling unit shall not include garages, carports, and/or covered porches.
a.
Standard Units. Accessory dwelling units shall not exceed 850 square feet, except as specified in subsections (C)(5)(b) and (c) below.
b.
Multiple Bedroom Units. Accessory dwelling units that include more than one bedroom shall not exceed 1,000 square feet.
c.
Accessible Units. Units meeting the California Building Code requirements for disabled access are permitted to have up to 1,200 square feet.
D.
Parking. No additional parking spaces shall be required for accessory dwelling units or junior accessory dwelling units. No replacement parking spaces shall be required if an existing garage, carport, or covered parking structure is converted or if one is demolished to create the area necessary for actual construction of an accessory dwelling unit.
E.
Pervious Area in Front Yard. The front yard shall be subject to the minimum pervious area and stormwater requirements of the underlying zoning district.
F.
Stormwater Treatment. Accessory dwelling units shall be subject to the requirements of Chapter 13.28 (Stormwater Management and Discharges) and 17.48 (Landscaping).
G.
Passageway. A passageway shall not be required in conjunction with the construction of an accessory dwelling unit, unless mandated by other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky that extends from the street to the door of the accessory dwelling unit.
H.
Historic Preservation. Compliance with the appropriate Secretary of Interior's Standards for the Treatment of Historic Properties shall be required for properties listed in the California Register of Historical Resources or any local historical registration.
I.
Junior Accessory Dwelling Units. If a junior accessory dwelling unit is proposed, it shall comply with the requirements of California Government Code Section 65852.22, as may be amended from time to time, including, but not limited to, the following:
1.
Shall not exceed 500 square feet in size.
2.
Shall not be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
3.
Shall be contained entirely within the walls of a single-family residence.
4.
Shall provide a separate exterior entrance from the single-family home.
5.
Shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
6.
May share a bathroom with the single-family home.
7.
Shall be owner-occupied. The owner shall reside in either the single-family residence or the newly created junior accessory dwelling unit.
8.
A deed restriction shall be recorded providing for a prohibition on the sale of the junior accessory dwelling unit separate from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes that conforms with the requirements of Government Code Section 65852.22.
9.
Only one junior accessory dwelling unit shall be allowed per lot.
J.
Building and Fire Code Compliance. Accessory dwelling units shall comply with all applicable building and fire code requirements. Provided, however, that accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. Except, however, fire sprinklers may be allowed to address fire code compliance as needed.
K.
Utilities and Impact Fees
2.
No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.
3.
No impact fees shall be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than 750 sq. ft. in size. For purposes of this article, "impact fees" shall not include utility connection fees or capacity charges.
4.
For accessory dwelling units that are 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. (ADU Sq. Ft./SFD Sq. Ft. x Applicable Impact Fee).
(Ord. O2022-12 § 2)
§ 17.82.040 Statewide Exemption Accessory Dwelling Units.
Only a building permit shall be required for an accessory dwelling unit or junior accessory dwelling unit in the following circumstances, provided, however that all of the development standards contained in Sections 17.82.030(C)(1) and (I) through (K) shall apply and none of the development standards contained in Section 17.82.030 (A), (B), (C)(2) through (5) and (D) through (H) will apply:
A.
Single-Family—Conversion. One accessory dwelling unit and one junior accessory dwelling unit per lot shall be permitted within an existing or proposed single-family dwelling if the accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire safety. An accessory dwelling unit proposed under this section may include an expansion of no more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.
B.
Single-Family—Detached. New construction of one detached accessory dwelling unit that does not exceed 800 square feet and 16 feet in height shall be permitted with minimum four foot side and rear yard setbacks. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit that is permitted by Section 17.82.030(A).
C.
Multi-family—Conversion. At least one accessory dwelling unit and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing nonlivable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
D.
Multi-family—Detached. No more than two detached accessory dwelling units shall be permitted if the accessory dwelling unit(s) is/are located on a lot that has an existing multi-family dwelling, and the unit(s) is/are no more than 16 feet in height, and do not exceed four foot rear yard and side setbacks.
(Ord. O2022-12 § 2)
§ 17.82.050 Short-Term Rentals and Sales Prohibited.
Except as otherwise permitted by state law, an accessory dwelling unit or junior accessory dwelling unit shall not be offered for sale, nor sold, but may be rented for terms longer than 30 days. The short-term rental of accessory dwelling units shall not be not permitted.
(Ord. O2022-12 § 2)
§ 17.82.060 Application Review.
A.
Application. An accessory dwelling unit permit application shall include a building permit application and plans that demonstrate compliance with the requirements of this article. The application shall include plans showing the details of the proposed accessory dwelling unit under submittal guidelines established by the Director. The Director shall determine compliance with this article prior to issuance of the building permit for the accessory dwelling unit. This decision shall be considered final.
B.
Ministerial Review. All applications for accessory dwelling units that comply with the requirements under this article shall be reviewed through a building permit within 60 days after receipt of a complete application if there is an existing single-family dwelling, duplex, or multi-family dwelling on the lot. An application shall be denied if the proposed accessory dwelling unit does not comply with all applicable requirements of this article. If the application involves an accessory dwelling unit where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the accessory dwelling unit application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section to the accessory dwelling unit. Applicants may request a delay or waive the 60-day approval period.
(Ord. O2022-12 § 2)
§ 17.84.010 Purpose.
The purpose of this Chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on location and duration, and create standards to minimize potential impacts of the temporary use on surrounding property and ensure the general health, safety, and welfare of persons residing within the community.
(Ord. 1501 § 1, 2011)
§ 17.84.020 Applicability.
The regulations and standards contained in this Chapter shall apply to the establishment and operation of the following temporary uses within the City.
A.
Expositions, concerts, carnivals, clinics, amusement rides, and flea markets may be conducted for a period not to exceed 10 days within a calendar year (either consecutive or intermittent).
B.
Certified farmers' markets as defined by the California Department of Food and Agriculture.
C.
Outdoor sales and display of goods, including promotional sales.
D.
Seasonal sales (e.g., Christmas tree sales, pumpkin sales).
E.
Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled, provided a valid building permit has been issued for the primary dwelling.
F.
Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision.
(Ord. 1501 § 1, 2011)
§ 17.84.030 Permit Requirements.
Temporary uses regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.84.040 (Special Standards) of this Chapter and other relevant provisions of this Title. Except as otherwise provided in this Zoning Ordinance, the temporary uses listed in this Chapter shall require the issuance of a Temporary Use Permit from the designated Approving Authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a Temporary Use Permit shall be as described in Section 17.10.080 (Temporary Use Permit).
A.
Option for Conditional Use Permit. Applicants seeking a Temporary Use Permit for a time period longer than otherwise allowed by this Chapter may submit for a Conditional Use Permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this Chapter. Approval of the Conditional Use Permit shall be in accordance with Section 17.10.130 (Conditional Use Permit).
B.
Temporary Uses Not Listed. When a temporary use is not specifically listed in this Chapter, the Community Development Director shall determine whether the proposed temporary use is similar in nature to permitted use(s) in Article II (Zoning Districts, Allowed Uses, and Development Standards) in accordance with Section 17.10.040 (Similar Use Determination).
(Ord. 1501 § 1, 2011)
§ 17.84.040 Special Standards.
These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
A.
General Development Standards. The designated Approving Authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.10.080 (Temporary Use Permit).
B.
Expositions, Concerts, Carnivals, Clinics, Amusement Rides, and Flea Markets. All expositions, concerts, carnivals, clinics, amusement rides, and flea markets, which are to be conducted for a period not to exceed 10 days within a calendar year (either consecutive or intermittent), must be located in a district other than residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district.
C.
Certified Farmers' Markets. The following development standards shall apply to all certified farmers' markets:
1.
The use must be located in a commercial Zoning District.
2.
The farmer's market must qualify as a certified farmers' market, and all producers/vendors must qualify as certified producers as defined by the California Department of Food and Agriculture. Proof of certification shall be provided.
3.
The market must be located outside of the required setbacks for the underlying Zoning District.
4.
Conditions limiting length of the permit, days and hours of operation, and other factors as deemed appropriate by the Community Development Director.
D.
Outdoor Sales and Display of Goods, Including Promotional Sales. The following development standards shall apply to all outdoor sales and display of goods, including promotional sales.
1.
May be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot.
2.
Businesses shall be limited to 14 days within a given year.
3.
Sales and displays may not occupy more than 10 percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site.
4.
Temporary sales and displays shall not obstruct any existing disabled accessible parking space or paths of travel.
F.
Temporary Dwellings. The following development standards shall apply to all temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled. In addition to these standards, see related regulations for recreational vehicles in Section 17.52.120 (Parking and Storage of Mobile Vehicles and Accessories on Post-July 19, 1978, Parcels) and Section 17.52.130 (Parking and Storage of Mobile Vehicles and Accessories on Pre-July 19, 1978, Parcels).
1.
A valid building permit has been issued for the primary dwelling.
2.
The use of the temporary dwelling shall be limited to a maximum of one year or 30 days from the issuance of the occupancy permit for the new home, except that all dwellings included in the definition of transitional housing shall be governed by the provisions of Chapter 17.76 (Emergency Shelters and Transitional Housing Facilities).
G.
Temporary Sales Offices. The following development standards shall apply to all temporary sales offices used for the sale of lots and/or homes as part of a new residential subdivision: conditions limiting the days and hours of operation, landscaping, and other aspects of operation as deemed appropriate by the Community Development Director.
(Ord. 1501 § 1, 2011)
§ 17.84.050 Exemptions.
The following temporary uses are exempt from the permit requirements of this Chapter, provided that they comply with the development standards listed herein.
A.
Garage sales are permitted on any parcel where the garage sale operator resides. Garage sales may not exceed 3 sales per calendar year and 2 consecutive days for each garage sale.
B.
Fireworks stands, provided that the necessary permit(s) are obtained from the Fire Department and/or other regulatory agencies and a valid business license has been issued, consistent with the requirements of the Municipal Code.
(Ord. 1501 § 1, 2011)
§ 17.86.010 Purpose and Intent.
The purpose of this Chapter is to establish regulations to allow massage therapy business activity to occur. Regulations in this Chapter are intended to reduce impacts to the degree so as to minimize any potential adverse effect such uses have on surrounding commercial or industrial uses.
(Ord. 1501 § 1, 2011)
§ 17.86.020 Applicability.
The regulations and standards contained in this Chapter shall apply to the establishment of any massage therapy businesses as defined by Chapter 17.24 (Allowed Use Definitions) in the city and shall be in addition to any other development standards and regulations contained elsewhere within this Zoning Code. The establishment of any massage therapy business shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any massage therapy use.
(Ord. 1501 § 1, 2011)
§ 17.86.030 Permit Requirements.
Massage therapy businesses regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.86.040 (Special Standards) of this Chapter as determined through administrative Zoning Conformance. These requirements are in addition to other permits of certificates required by law.
(Ord. 1501 § 1, 2011)
§ 17.86.040 Special Standards.
Prior to the establishment of massage therapy businesses, the following requirements shall be met.
A.
Employee Registration Required. In accordance with Section 9.28.110 of the Manteca Municipal Code, all employees must be registered by the Massage Therapist Organization. The operator of such establishment must maintain a register of all persons so employed and their certification number, which register shall be available for inspection at all times during regular business hours.
B.
Permit Posted. In accordance with Section 9.28.120 of the Manteca Municipal Code, a permit approving the massage therapy business, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.
C.
No person who is granted a permit issued pursuant to this Chapter shall operate under any name or conduct his or her business under any designation not specified in his or her permit.
(Ord. 1501 § 1, 2011)
§ 17.88.010 Purpose and Intent.
This Chapter establishes standards for placement of wireless telecommunications facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. This Chapter is intended to promote and protect the public safety and public welfare of residents as well as containing regulations to minimize potential impacts of the installation of wireless communication facilities.
(Ord. 1501 § 1, 2011)
§ 17.88.020 Applicability.
Wireless communication facilities shall be subject to the following regulations in this Chapter to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services, or (2) do not have the effect of prohibiting personal wireless services, as defined by the Telecommunications Act of 1996.
(Ord. 1501 § 1, 2011)
§ 17.88.030 Permit Requirements.
Wireless telecommunication facilities (major and minor, as defined in Chapter 17.24 (Allowed Use Definitions)) shall be subject to the permit requirements identified in Article II (Zoning Districts, Allowed Uses, and Development Standards) for the underlying Zoning District. Regardless of any permit requirements listed in Article II, all telecommunication facilities shall comply with the applicable development standards of this Chapter.
(Ord. 1501 § 1, 2011)
§ 17.88.040 Collocation of Major Wireless Telecommunication Facilities.
As identified in Article II (Zoning Districts, Allowed Uses, and Development Standards), the establishment of collocation facilities for major wireless telecommunication facilities is not subject to Conditional Use Permit approval, provided the facility satisfies all requirements set forth in Section 65850.6 of the California Government Code.
(Ord. 1501 § 1, 2011)
§ 17.88.050 Application Requirements.
An application for the approval of a wireless communication facility shall include the following information, in addition to all other information required by the City for a Conditional Use Permit application as established in Section 17.10.130 (Conditional Use Permit):
A.
Visual simulations showing what the proposed facility will look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances, to assist the Approving Authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this Chapter.
B.
A map or description of the service area of the proposed wireless communication facility and an explanation of the need for the facility.
C.
A map showing the locations and service areas of other wireless communication facility sites operated by the applicant and those that are proposed by the applicant that are close enough to affect service within the city. A written explanation of why adjacent existing wireless communication facilities could not be used for collocation shall be required.
D.
Description of proposed approach for screening all wireless communication facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials, and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan.
E.
Narrative description and map showing the coverage area and location of the provider's existing wireless communication facilities and the proposed coverage area of the specific site that is the subject of the application.
F.
Technical information explaining the reasons that a permit is being sought (e.g., whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area), the reasons that the subject site is considered necessary to accomplish the provider's coverage objectives, and the reasons that the proposed site is the most appropriate location under existing circumstances.
(Ord. 1501 § 1, 2011)
§ 17.88.060 Development Standards.
A.
General Development Standards. The following general development standards shall apply to all wireless telecommunication facilities:
1.
All wireless telecommunication facilities shall comply with all applicable requirements of the City-adopted building code and shall be consistent with the General Plan and this Title, as well as other standards and guidelines adopted by the City, and all applicable state and federal law.
2.
Wireless telecommunication 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.
3.
All wireless communication facilities shall comply with the City's Noise Ordinance.
4.
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 wireless communication facilities, a potential threat to public health. To this end, no wireless communication facility or combination thereof shall produce, at any time, power densities in any inhabited area that exceed the Federal Communication Commission's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard adopted or promulgated by the City or by the county, state, or federal government.
5.
Removal Provisions. In the event that one or more wireless communication facility or any component thereof, including, but not limited to, 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 wireless communication facility or component thereof shall be deemed abandoned. The owner, operator, or other person or entity responsible for the wireless communication facility or component thereof shall remove such items within 30 days following the mailing of written notice from the City that removal is required. If two or more providers of wireless telecommunication services use the wireless communication facility or any component thereof, the period of non-use 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.
B.
Development Standards for Antennas (Excluding Amateur Radio Antennas). The following development standards shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this Title.
1.
Antenna Location. Parabolic antenna and SES shall be ground-mounted in residential Zoning Districts. In all nonresidential Zoning Districts, building-mounted antennas are preferred. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view on the abutting street rights-of-way (excluding alleys). In all Zoning Districts, ground-mounted antennas shall be situated as close to the ground as feasible to reduce visual impact without compromising function, and all portions of the antenna shall be set back a minimum of 5 feet from any property line.
2.
Height Limit. The height limit for ground-mounted antenna is 6 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 17.88.060(B)(3) (Screening) below. Building-mounted antenna 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.
3.
Screening. Ground-mounted antennas shall be screened with a fence, wall, and dense landscaping so that the antenna is not visible from the public right-of-way. Building-mounted antennas shall be screened as follows:
a.
Wall-mounted antennas and ancillary equipment shall be flush-mounted and painted or finished to match the building with concealed cables.
b.
Roof-mounted antennas and ancillary 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.
c.
Color. Antennas shall have subdued colors and comprise non-reflective materials which blend with the materials and colors of the surrounding area or building.
C.
Development Standards for Amateur Radio Antennas. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions. As such, amateur radio antennas may exceed the height limit and/or the setback provisions of the underlying Zoning District only when such provisions will result in unreasonable limitations on, or prevent, reception or transmission of signals from the amateur radio antennas.
1.
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.
2.
Location Parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of 5 feet from interior property lines.
3.
Tower Safety. All antennas shall be located within an enclosed fenced area or have a minimum 5-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of 8 feet.
D.
Development Standards for Tower. The following development standards shall apply to towers (including collocation facilities).
1.
Site Design. All wireless communication 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 characteristics of the site on which they are located. The applicant shall use the smallest and least visible antennas feasible 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 percent of the height of the tower. In order to facilitate collocations, setback distance will be waived for placement of antennas on existing towers when there is no increase in the overall height of the tower.
4.
Height Limit. The height limit for towers shall be compatible with existing development and surrounding land uses. There is no height limit specified for collocations on existing structures, provided wireless communication 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. Such light shall remain off except when personnel are present on site at night.
b.
The minimum tower lighting required under Federal Aviation Administration regulation.
c.
Where tower lighting is required, such 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.
Landscaping
a.
Where appropriate, wireless communication facilities shall be installed in a manner that maintains and enhances 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 to buffer abutting residential Zoning Districts or uses, and to buffer public trails in accordance with the following standard.
b.
Perimeter of Leased Area of the Wireless Communication Facility. Landscaping around the perimeter of the facility (e.g., leased area) 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 of 15-gallon size covering a minimum planter area depth of 5 feet around the facility. Trees and shrubs shall be planted no further apart on center than the mature diameter of the proposed species.
7.
Design/Finish. New towers shall be camouflaged whenever possible. If not feasible to camouflage, then the tower and related equipment shall have subdued colors and non-reflective materials that blend with the colors and materials of surrounding areas.
8.
Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.
(Ord. 1501 § 1, 2011)