Oroville City Zoning Code
CHAPTER 17
16 USE-SPECIFIC REGULATIONS
§ 17.16.010 Second dwelling units.
A.
Permit Required. For any parcel in a residential zoning district that is currently occupied by a single-family home, an administrative permit is required to establish a new second dwelling unit.
B.
Number of Second Units. A maximum of one second dwelling unit shall be constructed on any parcel.
C.
Maximum Number of All Units. Second dwelling units shall not be constructed on any lot or site that is already developed with more than one dwelling unit.
D.
Location. A second dwelling unit may be either attached to or detached from the primary dwelling unit on the parcel.
E.
Maximum Size.
1.
The total floor area for a detached second dwelling unit shall not exceed 1,200 square feet, except that in districts with a minimum lot size of at least 5 acres, the floor area shall not exceed 2,000 square feet.
2.
The floor area of an attached second unit shall not exceed 30% of the primary dwelling unit's living area.
F.
Development Standards. Second dwelling units shall conform to all development requirements for the applicable district, including, but not limited to, the following:
1.
The combined site coverage of the primary dwelling unit, the secondary dwelling unit and any accessory structures on the parcel shall not exceed the maximum allowable site coverage.
2.
A detached second dwelling unit shall be subject to the development standards for accessory buildings. An attached second dwelling unit shall be considered as part of a single building with its primary dwelling unit, and this building shall be subject to the development standards of the applicable district.
3.
Off-street parking shall be provided in accordance with the provisions of Section 17.12.070, except that in districts with a minimum lot area of at least 5 acres, parking spaces for the second dwelling unit may be surfaced with gravel.
4.
The construction of second dwelling units shall comply with City Building Code requirements in effect at the time of construction.
G.
Fees. The construction of second units shall be subject to the payment of all fees applicable to the construction of a single-family dwelling on the same property.
(Ord. 1749 § 4; Ord. 1770 § 2)
§ 17.16.020 Usable open space for multiple-family dwellings.
A.
Applicability. All multiple-family residential projects, excluding those in a downtown historic overlay (DH-O) district, shall include permanently maintained usable open space for residents as provided in this section.
B.
Exemptions. The review authority for development review may modify or waive the usable open space requirements of this section upon finding, based on substantial evidence, that a public park or other usable public open space is within a convenient distance of the development, not to exceed 1/2 mile, and is adequate to meet the needs of the development.
C.
Area Required. In order to provide convenient recreational opportunities for the project as a whole, as well as for residents of individual dwelling units, the following usable open space shall be required:
1.
For each dwelling unit, the project shall include a minimum of 200 square feet of usable open space.
2.
A project's usable open space may include a combination of common open space and private open space. However, no more than 50% of the required usable open space shall be provided as private open space.
3.
If a private open space is larger than 200 square feet, the additional area shall not be counted toward the project's usable open space requirement.
E.
Common Open Space.
1.
Any application for development review of a multiple-family residential project shall include provisions for the permanent control and maintenance of all required common open space. For condominiums, these provisions shall be included in property covenants, and their enforcement shall be made the responsibility of a homeowners' association or a similar entity.
2.
Each common open space shall have a minimum width and depth of 20 feet.
3.
Any portion of the common open space that is not landscaped shall include elements to encourage recreational use, such as decks, sports courts, outdoor seating or decorative paved areas.
4.
A stormwater detention basin may be considered a usable open space if it meets the requirements of this section and includes the necessary improvements to function as a playing field, public plaza or similar open space.
(Ord. 1749 § 4)
§ 17.16.030 Mixed-use development.
A.
Intent. The requirements of this section are intended to ensure compatibility between residential and commercial uses that are located together on a site, and to preserve the city's supply of commercially-zoned land by reserving space for commercial uses in appropriate amounts and locations.
B.
Applicability. This section's requirements shall apply to any mixed-use development in a nonresidential zoning district.
C.
Provision of Commercial Space. The following requirements shall apply to any mixed-use development:
1.
Nonresidential uses shall be provided on the ground floor of each street frontage. The area reserved for nonresidential uses shall extend across the entire street frontage, excluding any areas that provide access to the upper floors of the building, and shall have a minimum depth of 40 feet.
2.
In commercial districts, no more than 75% of the allowed floor area ratio (FAR) may be used for residential purposes.
D.
Site Design. The design of any mixed-use development shall minimize potential conflicts between residential and nonresidential uses on the site. Features such as parking areas, loading spaces, refuse collection areas, outdoor storage areas and outdoor lighting shall be designed, located and screened so as to minimize the residents' exposure to noise, odor and glare.
(Ord. 1749 § 4; Ord. 1763 § 9)
§ 17.16.040 Home occupations.
A.
Low-Impact Home Occupations. A home occupation that meets the following requirements shall be considered a low-impact home occupation and shall be allowed as of right in any dwelling unit:
1.
The home occupation shall be conducted entirely within the dwelling unit, not on other parts of the site.
2.
No more than 3 customer or other business-related visits shall be conducted on the premises each day.
3.
No vehicles, except for those that would ordinarily be located at a place of residence, shall be based on the premises in conjunction with the home occupation.
4.
Hazardous materials, except for those that would ordinarily be located at a place of residence, shall not be stored or used on the premises.
B.
Moderate-Impact Home Occupations.
1.
Any home occupation that does not qualify as a low-impact home occupation, but that otherwise meets the requirements of this section, shall be considered a moderate-impact home occupation and shall be required to obtain an administrative permit. Renters shall obtain prior written approval of the property owner before applying for the permit.
2.
Any administrative permit for a moderate-impact home occupation shall be granted subject to the following conditions:
C.
Exemptions. The following uses shall not be considered home occupations:
D.
Requirements. All home occupations shall be subject to the following requirements:
1.
Home occupations shall comply with all federal, State, county and local regulations, statutes and provisions.
2.
The home occupation, including storage of materials and products, shall be confined principally to 20% of the gross floor area or 300 square feet, whichever is less.
3.
The home occupation shall not generate pedestrian or vehicular traffic that will cause a disturbance in the district in which it is located.
4.
There shall be no excessive or unsightly storage of materials or supplies, either indoors or outdoors.
5.
The home occupation shall not involve the use of signs or structures, other than those permitted in the district in which it is located.
6.
The home occupation shall employ at least one resident of the dwelling unit. It shall not employ more than one person who is not a resident of the dwelling unit.
7.
A dwelling unit may have any number of low-impact home occupations. However, no more than one moderate-impact home occupation shall be allowed in a dwelling unit.
8.
No more than one vehicle, beyond those that would ordinarily be located at a place of residence, shall be based at the home in conjunction with any home occupation.
9.
Any vehicle used in conjunction with the home occupation shall have a capacity no greater than 3/4 ton.
10.
No home occupation shall involve the elimination of required off-street parking spaces.
11.
Any merchandise manufactured on the premises shall not require the transporting of materials or finished products by means other than a vehicle with a capacity no greater than 3/4 ton.
12.
Delivery of materials to the subject residence shall not exceed 2 deliveries per month. This requirement shall not apply to deliveries from package delivery services that are ordinarily found in residential neighborhoods.
(Ord. 1749 § 4)
§ 17.16.050 Family day care homes.
A.
Purpose. The purpose of this section is to implement the provisions of the California Child Day Care Act set forth in Chapters 3.4, 3.5 and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq., hereinafter referred to in this section as the Act), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities in the City of Oroville.
B.
Exclusions. The provisions of this section shall not apply to those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code.
C.
Small Family Day Care Homes. Pursuant to Section 1597.45 of the Health and Safety Code, a small family day care home that is properly licensed pursuant to the provisions of the Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential districts. Small family day care homes shall also be allowed as a matter of right in single-family and multiple-family dwellings in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this section, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to this Code.
D.
Large Family Day Care Homes. Pursuant to Section 1597.46 of the Health and Safety Code, a large family day care home shall be permitted in any single-family or multiple-family dwelling in any area of the city, provided that it obtains a large family day care home permit in accordance with this section.
E.
Large Family Day Care Homes—Permit Issuance.
1.
Any person seeking a large family day care home permit shall submit an application for the permit to the zoning administrator. The zoning application shall be submitted in a form approved by the zoning administrator. The zoning administrator shall act on the application within 30 days of the date it is received and deemed complete by the zoning administrator.
2.
The zoning administrator shall grant a large family day care home permit to the applicant only if the following circumstances are present:
a.
The existing or proposed structure complies with all city restrictions and regulations on building heights, setbacks, site coverage and floor area ratio (FAR) in the zoning district in which the residence is located.
b.
The proposed use is located on a lot zoned to allow a single-family dwelling by right and meets a minimum standard of 75 square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the owner of the adjoining property.
c.
The proposed use is located more than 300 feet driving distance and 100 feet radius distance from any other large family day care home property or child day care center.
d.
The proposed use has adequate vehicular access to the residence to provide a safe drop-off and pick-up area with minimal disruption to local traffic and circulation.
3.
As conditions of approval of a large family day care home permit, the applicant shall be required to:
a.
Comply with the city building code provisions that apply to single-family or multiple-family residences, as applicable; and
b.
Comply with any standards promulgated by the State Fire Marshal relating to the subject of fire and life safety in large family day care homes; and
c.
Be licensed or deemed to be exempt from licensure by the State of California as a large family day care home.
(Ord. 1749 § 4; Ord. 1762 § 4)
§ 17.16.060 Temporary uses and buildings.
A.
Applicability. All temporary uses and buildings are required to obtain a use permit, except as provided in this section.
B.
Uses Allowed as of Right. The following temporary uses and buildings are permitted as of right, provided that they comply with all other applicable regulations:
1.
The use of a facility as a polling or voting place for an election conducted by the city or other government agency.
2.
The conducting of a garage, yard or rummage sale on a residential property, or a block sale held on several residential properties, provided that the sale continues no longer than 3 days and only one such sale occurs in any 30-day period.
4.
A car or vehicle wash for which compensation is collected, provided that:
5.
An on-site construction yard, construction office, scaffolding, material yard or debris container, in conjunction with an approved building permit.
7.
A temporary emergency shelter that is needed to ameliorate the effects of a declared emergency or disaster, provided that:
C.
Uses Subject to Administrative Permit. The following temporary uses and buildings, which are required to obtain an administrative permit, shall be subject to the following requirements:
1.
Carnivals, circuses, fairs, races, concerts, bazaars, farmers' markets and similar events, may occur for a maximum of 5 days in any 30-day period.
2.
A temporary real estate office may operate for a maximum period of one year from the date of approval of the first phase of a development project. This period may be extended subject to a use permit. Renewal of this permit shall follow the same procedure as a new permit application.
3.
The sale of seasonal holiday agricultural products, including, but not limited to, Christmas trees and pumpkins, in a nonresidential district, may occur for a maximum period of 45 days.
4.
The use of a mobile home or recreational vehicle as a single-family dwelling unit on a property zoned for single-family residential use may occur for a period of time not to exceed one year, provided that all of the following conditions apply:
a.
There is an existing single-family dwelling unit on the site that cannot be occupied until repairs are completed, and a valid building permit has been issued to make all repairs required to make the dwelling unit habitable.
b.
The occupied mobile home or recreational vehicle is not placed within a required minimum setback, with the exception of a designated driveway that conforms to the standards set forth in this chapter.
5.
Disaster Recovery Temporary Uses. Uses directly associated with an ongoing disaster.
D.
Prohibited Uses. Car and truck sales shall be prohibited as a temporary use.
E.
Cleanup Required. Each site occupied by a temporary use shall be cleared of debris, litter or any other evidence of the temporary use upon the completion or removal of the use.
(Ord. 1749 § 4; Ord. 1845 § 1, 2020)
§ 17.16.070 Gas stations.
B.
Permitted Activities. Repair work performed on the premises of a gas station shall be limited to minor repair or replacement of tires, batteries, ignition systems or accessories normally associated with gas stations. In districts where major auto repair is permitted, gas stations may include such operations in an enclosed building. All automobile parts, including those that no longer function, shall be stored within a structure.
C.
Site Improvements. All runoff from paved areas of the site shall be treated and filtered on site to remove sediment and pollutants, using a method approved by the city engineering design standards, before it is discharged into the storm drain system.
D.
Display of Merchandise. Merchandise other than oil displays on pump islands shall not be displayed at a gas station, except within an enclosed structure.
E.
Access.
1.
Vehicular entrances to the gas station's site shall not be wider than 30 feet.
2.
Vehicular entrances to the gas station's site shall be separated from one another as required by the city engineering design standards.
3.
The total number of vehicular entrances to a gas station's site shall not exceed one entrance for each 100 feet of the site's street frontage; provided, however, that each gas station shall have a minimum of 2 vehicular entrances.
F.
Self-Service Gas Stations. Self-service gas stations shall comply with the requirements of this Code.
(Ord. 1749 § 4)
§ 17.16.080 Drive-through establishments.
A.
Display of Merchandise. Merchandise shall not be displayed except within an enclosed structure.
B.
Vehicle Queuing. The site plan for the drive-through establishment shall provide adequate queuing space for vehicles, as well as vehicle circulation paths that prevent backing onto public rights-of-way, in accordance with the requirements of the city engineering design standards.
C.
Access.
1.
Vehicular entrances to the establishment's site shall not be wider than 30 feet.
2.
Vehicular entrances to the establishment's site shall be separated from one another as required by the city engineering design standards.
3.
The total number of vehicular entrances to the establishment's site shall not exceed one entrance for each 100 feet of the site's street frontage; provided, however, that each establishment shall have a minimum of one vehicular entrance.
(Ord. 1749 § 4)
§ 17.16.090 Car and vehicle washes.
A.
Applicability. The requirements of this section shall apply to any commercial or industrial facility that has an on-site area for the washing of vehicles; any commercial washing facility for motor vehicles, boats or trailers; and all permanent locations where vehicles are washed for compensation.
B.
Water Quality Requirements.
1.
Vehicles shall be washed only in designated wash areas that are clearly marked on the pavement. Each designated wash area shall be paved with an impervious surface and shall be designed and graded so as to collect all wash water and direct the water to an approved drainage system.
2.
All wash water shall be treated and filtered on-site to remove sediment and pollutants, using a method approved by the city engineering design standards, before it is discharged into the sanitary sewer system.
3.
An in-bay car wash or a conveyor belt car wash permitted and constructed after January 1, 2014 shall do either of the following:
4.
All stormwater runoff shall be channeled into storm drains, away from the interior of any buildings or structures.
C.
Vehicle Queuing. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site and ensure that the car wash will not obstruct the use of on-site facilities, drive aisles, parking spaces, or neighboring properties. Furthermore, vehicles should not queue onto a public street, highway, alley, or other public rights-of-way.
(Ord. 1749 § 4; Ord. 1850 § 5, 2021)
§ 17.16.100 Agricultural uses.
A.
Permit Requirements. A use permit shall be required for the following related uses:
B.
Animals and Livestock. The keeping of livestock and other animal-related agricultural uses shall be subject to the provisions of Section 17.16.120.
C.
Farmworker Housing. Farmworker housing and migrant farmworker housing consisting of not more than 12 units designed for use by a single household, or 36 beds in a group quarters, in accordance with Health and Safety Code Sections 17000, et seq. shall be treated as an agricultural use in residential zones only, as defined by Section 17.04.060. All structures shall fully comply with the development standards of the underlying land use designation, city building codes, and other applicable city, county, state, federal, or local regulations that may apply. For the purpose of this title, farmworker housing shall be treated as a commercial agricultural use in residential zones.
(Ord. 1749 § 4; Ord. 1804 § VII, 2014)
§ 17.16.105 Marijuana cultivation.
A.
Purpose and Intent. It is the purpose and intent of this section to require that marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by marijuana plants from impacting adjacent properties; and to ensure that marijuana grown for recreational and/or medical purposes remains secure and does not find its way to non-patients, individuals under the age of 21 years old, or illicit markets. Nothing in this section is intended to impair any viable legal defense available to a person using or in possession of recreational and/or medical marijuana pursuant to the Compassionate Use Act (Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.), or the Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64). Nothing in this section is intended to authorize the cultivation, possession, or use of marijuana in violation of state or federal law.
B.
Definitions. For the purposes of this section, the following definitions shall apply as defined in Section 17.04.060, unless the context clearly indicates otherwise. If a word is not defined in this title, the common and ordinary meaning of the word shall apply.
• Authorized Grower | • Enforcement Officer | • Premises |
• Bedroom | • Indoors | • Primary Caregiver |
• Child Care Center | • Immature Marijuana Plant | • Qualified Patient |
• Cultivation | • Legal Parcel | • Rear Yard |
• Detached, Fully-Enclosed and Secure Structure | • Mature Marijuana Plant | • Residential Structure |
• Outdoor | • Solid Fence |
C.
Cultivation of Marijuana. The following regulations shall apply to the cultivation of marijuana within the city:
1.
No person, other than a qualified patient, primary caregiver, or individual over the age of 21 may engage in cultivation of marijuana. It is hereby declared to be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city to cultivate marijuana except as provided for in this section.
2.
Residency Requirement. Either a qualified patient, primary caregiver or individual over the age of 21 shall reside full-time on the premises where the marijuana cultivation occurs.
3.
Outdoor Cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of marijuana plants.
4.
Residential Structure Cultivation. It is unlawful and a public nuisance for any person to cultivate marijuana inside any residential structure or building without a marijuana cultivation permit issued by the city police chief or designee, as provided herein.
5.
Cultivation in Nonresidential Zones. Cultivation of marijuana is prohibited in all agricultural (except agricultural-residential), commercial, office, industrial, open space, special purpose, mixed use, and other nonresidential zoning districts.
6.
Proximity to Schools, Child Care Centers, and Parks. It is unlawful and a public nuisance to cultivate marijuana on any legal parcel or premises within 250 feet of any school, child care center, or public park. The 250 feet shall be measured from the closest property line of the school, child care center, or park to the closest property line of the cultivation parcel.
7.
Cultivation Area. It is hereby declared to be unlawful and a public nuisance for any person(s) owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city to cultivate marijuana within a detached structure equal to or less than 120 square feet in size.
8.
Indoor Cultivation in Residential Zones. The indoor cultivation of marijuana in a residential zone shall only be conducted within a detached, fully-enclosed and secure structure greater than 120 square feet in size or within a residential structure conforming to the following minimum standards:
a.
Any detached structure, regardless of square footage, constructed, altered or used for the cultivation of marijuana must have a valid building permit duly issued by the building official. The building official shall consult with the planning director and police chief in consideration of any building permit application seeking a building permit for the construction or alteration of any structure to be used for marijuana cultivation.
b.
Indoor grow lights shall not exceed 1,200 watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of marijuana.
c.
Any detached, fully-enclosed and secure structure or residential structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and shall comply with the California Building Code. The ventilation and filtration system must be approved by the building official and installed prior to commencing cultivation within the detached, fully-enclosed and secure structure or residential structure.
d.
A detached, fully-enclosed and secure structure used for the cultivation of marijuana shall be located in the rear yard area of a legal parcel or premises, maintain a minimum 10-foot setback from any property line, and the area surrounding the structure must be enclosed by a solid fence at least 6 feet in height.
e.
Adequate mechanical or electronic security systems approved by the building official and police chief must be installed in and around the detached structure or the residential structure prior to the commencement of cultivation.
f.
Marijuana cultivation occurring within a residence shall be cultivated in an area no larger than 50 square feet, regardless of how many qualified patients, primary caregivers or individuals over the age of 21 are residing at the premises.
g.
Cultivation of marijuana shall not take place in the kitchen, bathrooms, or bedrooms being utilized by any person for sleeping purposes in any building.
h.
Cultivation of marijuana shall not take place on any carpeted surface.
i.
Marijuana cultivation for sale is prohibited.
j.
Marijuana cultivation may not occur in both a detached structure and inside a residence on the same parcel.
k.
The authorized grower shall take measures to prevent persons under 18 years of age from accessing medical marijuana cultivation areas, whether in a detached building or in a residence.
D.
Cultivation Permit.
1.
Prior to commencing any marijuana cultivation, the person(s) owning, leasing, occupying, or having charge or possession of any legal parcel or premises where marijuana cultivation is proposed to occur must obtain a marijuana cultivation permit from the police chief or designee. The following information will be required with the initial permit application and subsequent permit extensions:
a.
A notarized signature from the owner of the property consenting to the cultivation of marijuana at the premises on a form acceptable to the city.
b.
The name of each person, owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.
c.
The name of each qualified patient, primary caregiver or individual over the age of 21 who participates in the marijuana cultivation.
d.
A copy of a current valid medical recommendation or county issued medical marijuana card for each qualified patient and primary caregiver identified as required above.
e.
The physical site address of where the marijuana will be cultivated with a drawing and detailed description of where on the property the marijuana will be cultivated.
f.
A signed consent form, acceptable to the city, authorizing city staff, including the police department, authority to conduct an inspection of the detached, fully-enclosed and secure structure or area of the residence used for the cultivation of marijuana upon 24 hours' notice.
2.
The initial permit shall be valid for no more than 2 years and may be extended in increments of 2 years.
3.
To the extent permitted by law, any personal or medical information submitted with a marijuana cultivation permit application or permit extension shall be kept confidential and shall only be used for purposes of administering this section.
4.
The police chief, or designee, may, in his/her discretion, deny any application for a marijuana cultivation permit, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such permit, or extension thereof, would be detrimental to the public health, safety, or welfare. The police chief shall deny an application for a marijuana cultivation permit, or extension thereof, which does not demonstrate satisfaction of the minimum requirements of this section. The denial of any permit application, or permit extension, shall be subject to appeal pursuant to Section 17.56.100.
5.
The city council shall establish a fee or fees required to be paid upon filing an application for permit(s) as provided by this section, which fees shall not exceed the reasonable cost of administering this section.
(Ord. 1799 § 3, 2013; Ord. 1821 § 2, 2017)
§ 17.16.110 Adult-oriented businesses.
A.
Purpose.
1.
The purpose of this section is to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the city's residents and businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.
2.
This section is also intended to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, child or family-oriented business and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
B.
Applicability.
1.
In determining whether a use is an adult business, only conduct or activities that constitute a regular and substantial course of conduct, or a use that has a majority of its floor area, stock-in-trade or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas, shall be considered. Isolated instances of conduct or activities described in this chapter as characterizing an adult business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.
2.
There is a rebuttable presumption that an establishment constitutes an adult-oriented business where the establishment does all of the following:
C.
Establishment of an Adult-Oriented Business. As used in this section, to "establish" an adult-oriented business shall include any of the following:
1.
The opening or commencement of any adult-oriented business as a new business.
2.
The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business.
3.
The addition of any new adult-oriented businesses to any other existing adult-oriented business.
4.
The relocation of any adult-oriented business.
D.
Minimum Proximity Requirements.
1.
No adult-oriented business shall be established in any of the following locations:
2.
The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.
3.
If any one of the above proximity requirements would have the effect of entirely prohibiting adult-oriented businesses within the city, this proximity requirement shall not be enforced. However, the remaining proximity requirements shall continue to apply.
E.
Adult-Oriented Business Permit Required.
1.
It is unlawful to operate an adult-oriented business without an adult-oriented business permit that has been issued in accordance with the requirements of this section.
2.
The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.
3.
The provisions of this section are not exclusive. Compliance with this section shall not excuse noncompliance with any other city regulations pertaining to the operation of businesses.
F.
Application for Adult-Oriented Business Permit. An application for an adult-oriented business permit shall be submitted to the chief of police, accompanied by a fee established by resolution of the city council, and shall include all of the following information:
1.
Because an adult-oriented business permit is nontransferable, except as provided in this section, an application for an adult-oriented business permit shall include all of the following information:
a.
If the applicant is an individual, the individual shall state his or her legal name, including all aliases, and his or her address. The applicant shall also submit written proof that he or she is at least 18 years of age.
b.
If the applicant is a partnership, the partners shall state the partnership's complete name and address; list the names of all partners; indicate whether the partnership is general or limited; and attach a copy of the partnership agreement, if any.
c.
If the applicant is a corporation, the corporation shall provide its complete name; the date of its incorporation; evidence that the corporation is in good standing; the names and capacity of all officers and directors; the name of the registered corporate agent; and the address of the registered office for service of process.
d.
If the applicant is a limited liability company, the company shall provide its complete name, the date of establishment, evidence that the company is in good standing under the laws of California, the names and capacities of all members and the name and the address of the managing member.
2.
If the applicant is an individual, he or she shall sign the application. If the applicant is a partnership, corporation or limited liability company, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
3.
If the applicant intends to operate the adult-oriented business under a fictitious business name, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
4.
A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.
5.
The address to which notice of action on the application is to be mailed.
6.
The names of all employees, independent contractors and other persons who will work at the adult-oriented business.
7.
A diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The diagram must be drawn to a designated scale, or it must include marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches.
8.
A diagram drawn to scale, prepared no more than 30 days prior to application, depicting the building and the portion of the building to be occupied by the adult-oriented business, as well as the following:
a.
The property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested.
b.
The property lines of any house of worship, school, park, child or family-oriented business, residential district or residential use within 1,000 feet of the primary entrance of the adult-oriented business.
9.
A diagram of the off-street parking areas and premises of the adult-oriented business showing the location of the lighting systems required by this section.
10.
A statement describing how the adult-oriented business will meet the development and performance standards described in this section.
G.
Investigation and Action on Application.
1.
Upon receipt of a completed application and its accompanying fee, the chief of police shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit.
2.
Within 30 days of receipt of the completed application, the chief of police shall complete the investigation and approve or deny the application. The application may only be denied for the reasons specified in this section.
3.
The chief of police shall deny the application if any of the following conditions exist:
a.
The applicant, or any of his or her employees, agents, partners, directors, officers, shareholders or managers, have knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit.
b.
An applicant is under 18 years of age.
c.
The required application fee has not been paid.
d.
The adult-oriented business would not comply with the locational requirements and performance standards of this section.
4.
Upon approving or denying the application, the chief of police shall notify the applicant as follows:
a.
The chief of police shall write or stamp "Granted" or "Denied" on the application and sign and date this notation.
b.
If the application is denied, the chief of police shall attach to the application a statement of the reasons for denial.
c.
If the application is granted, the chief of police shall attach to the application an adult-oriented business permit.
d.
The application as granted or denied shall be delivered to the applicant by mail at the address stated in the application.
H.
Transfer of Adult-Oriented Business Permit.
1.
A permittee shall not operate an adult-oriented business at any place other than the address stated in the application for the adult-oriented business permit.
2.
A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person until the chief of police has amended the permit as needed. To obtain this amendment, the transferee shall file a transfer application in accordance with the requirements specified in this section for an adult-oriented business permit, accompanied by a transfer fee established by resolution of the city council. The chief of police shall deny the permit unless it is determined that the transferee would be entitled to the issuance of an original permit.
3.
If the chief of police has notified a permittee that the permit has been, or may be, suspended or revoked, the permit shall not be transferred.
4.
Any attempt to transfer a permit, either directly or indirectly, in violation of this section is hereby declared void, and the permit in question shall be deemed revoked.
I.
Registration of New Employees.
1.
As a condition of approval of every adult-oriented business permit issued pursuant to this section, the owner or operator shall register every employee with the police department within 5 business days of the commencement of the employee's period of employment.
2.
Each employee shall be required to provide 2 recent color passport-quality photographs and shall allow him or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the police department:
3.
The information provided to the police department shall be maintained as confidential information, and shall not be disclosed as a public record except pursuant to a subpoena issued by a court of competent jurisdiction.
4.
Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose this registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.
5.
Failure to register a new employee within 5 days of the commencement of employment, or to maintain a current register of the names of all employees, shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.
J.
Suspension or Revocation of Adult-Oriented Business Permit. An adult-oriented business permit may be suspended or revoked if any of the following has occurred, subject to appeal as provided in Section 17.56.100:
1.
The licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business:
a.
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b.
Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
c.
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
d.
The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.
e.
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4.
f.
Any conduct prohibited by this section.
2.
Failure to abide by any disciplinary action previously imposed by an appropriate city official.
K.
Development and Performance Standards.
1.
Whether or not engaged in the operation of an adult-oriented business, no person shall maintain a business or use in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such business or use. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business or use is open, and any exterior windows shall be covered with opaque covering at all times.
2.
During hours of operation after dusk, all off-street parking areas and entries to the premises of the adult-oriented business shall be illuminated by a lighting system that maintains an average horizontal illumination of one footcandle of light on the parking surface and pedestrian walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. This lighting system shall be shown in the application materials as required by this section.
3.
The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible on any adjacent property or public right-of-way, within any other building, or within a separate unit in the same building.
4.
An adult-oriented business shall be open for business only between the hours of 9:00 a.m. and midnight on any particular day.
5.
The building entrance to an adult-oriented business shall be clearly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. This notice shall be constructed and posted to the satisfaction of the chief of police. No person under the age of 18 years shall be permitted within the premises at any time.
6.
For commercial establishments not defined by this chapter as an adult-oriented business, any portion of retail floor area distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas shall be physically separated from the general floor area. Inventory and content in the sexually-oriented section shall not be visible from the general area at any time, and the entrance to this area shall be clearly posted with a notice indicating that persons under 18 years of age are precluded from entering.
7.
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
8.
Any adult-oriented business that is also an "adult arcade" shall comply with the following provisions:
a.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. If the premises has 2 or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. This required view shall be in a direct line of sight from the manager's station.
b.
No patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted.
c.
No viewing room may be occupied by more than one person at any one time.
d.
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any 2 such rooms that would allow viewing from one booth into another or that would allow physical contact of any kind between the occupants of the booths or rooms.
e.
Customers, patrons or visitors shall not be allowed to stand idly in the vicinity of any video booths, or to remain in the common area of the business, other than restrooms, unless they are actively engaged in shopping for or reviewing the products available for viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
f.
The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions shall be grounds for suspension or revocation of the adult-oriented business permit.
9.
All indoor areas of the adult-oriented business shall be illuminated at the following average horizontal illumination, evenly distributed at ground level:
a.
Adult bookstores and other retail establishments: 20 footcandles.
b.
Adult theaters: 5 footcandles, except during performances, at which time the lighting shall be at least 1.25 footcandles.
c.
Adult arcades: 10 footcandles.
d.
Adult motels and adult motion picture theaters: 20 footcandles in public areas.
10.
The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom for females, and female patrons and employees shall be prohibited from using the restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. These requirements for restroom facilities shall not apply to an adult-oriented business that deals exclusively with sale or rental of adult-oriented material that is not used or consumed on the premises, such as an adult bookstore or adult video store, and that does not provide restroom facilities to its patrons or the general public.
11.
The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
a.
No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage that is at least 18 inches above the level of the floor and is separated by a distance of at least 10 feet from the nearest area occupied by patrons. No patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.
b.
The adult-oriented business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers' use.
c.
The adult-oriented business shall provide an entrance for entertainers that is separate from the entrance used by patrons.
d.
The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms that is completely separated from the patrons. If this separate access is not physically feasible, the adult-oriented business shall provide a minimum 3-foot aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers and preventing any physical contact between patrons and entertainers.
e.
Before, during or after performances, there shall be no physical contact between entertainers and patrons. This requirement shall apply only to physical contact on the premises of the adult-oriented business.
f.
Fixed rails with a minimum height of 30 inches shall be maintained to establish the separations between entertainers and patrons required by this section.
g.
No patron shall directly pay or give any gratuity to any entertainer, and no entertainer shall solicit any pay or gratuity from any patron.
h.
No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, or the female breast with less than fully opaque coverage over any part of the nipple or areola.
i.
Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
j.
Security guards for other adult-oriented businesses may be required if it is determined by the chief of police that their presence is necessary in order to prevent any conduct prohibited by this section from occurring on the premises.
k.
Security guards for an adult-oriented business shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this section. Security guards shall be uniformed in such a manner as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required by this section shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
L.
Inspection. At any time that the premises of an adult-oriented business are occupied or open for business, the licensee shall permit representatives of the police department, fire department, department of community development and public works, or other city departments or divisions to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with this section. The refusal to allow such an inspection shall be a violation of the provisions of this section.
M.
Violation. Any person or entity violating any of the provisions of this section shall be guilty of a misdemeanor and shall be deemed guilty of a separate offense for each day during which any violation of the provisions of this section is committed, continued or permitted.
N.
Civil Injunction. The violation of any provision of this section is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.
O.
Administrative Remedies. In addition to the civil remedies and criminal penalties set forth above, any person or entity that violates the provisions of this section may be subject to administrative remedies, as set forth by city ordinance.
(Ord. 1749 § 4; Ord. 1762 § 5)
§ 17.16.120 Animal keeping.
A.
Purpose. These regulations are intended to allow persons to keep and maintain animals or livestock at their private residences and business establishments in a manner that will protect the health, safety and welfare of the animals and of the occupants of nearby land uses.
B.
Applicability.
1.
It is lawful to keep, feed or raise livestock and domesticated animals, either for domestic or commercial purposes, provided that such uses comply with all applicable city, county and state requirements, including the requirements of this section and all applicable county and state requirements, as well as the requirements of Title 6 of this Code.
2.
In residential districts, it is lawful to keep a larger number of animals than allowed in this section, and to keep types of animals other than those allowed in this section, provided that the number and type of animals complied with all applicable city or county requirements at the time when the animal keeping began or the property was annexed to the city. In addition, lawfully-acquired animals may be replaced with animals of the same number and type. If the animal keeping is discontinued for at least one year, any future animal keeping on the site shall be in conformity with the provisions of this section.
C.
General Regulations.
1.
The keeping of animals in such a way as to create flies, odor, dust, damage or hazards that affect surrounding properties, or noise in excess of that allowed by Section 17.12.010, shall not be permitted. Proper sanitation and management of manure, feed and drainage shall be practiced to prevent these impacts.
2.
Animals other than cats shall be prevented from leaving the premises on which they are kept, either by using a tie or leash or by placing them within a fence, cage, structure or other enclosure that is of adequate design and construction to contain the animals.
3.
Livestock shall be permitted on public street rights-of-way only if the animals are being ridden or led or are otherwise under human control. No livestock shall be driven loosely upon public street rights-of-way without prior approval of the city engineer.
4.
As used in this section, the term "available site area" refers to the total area of the site, excluding areas covered by structures that are not used to house animals. When 2 or more animals are located on the same site, the sum of the required available site area for each animal shall be required.
D.
Animal Keeping—Residential Districts. The type and number of animals that may be kept in residential districts shall be limited as follows:
1.
Animals may be kept for noncommercial purposes as specified in Table 17.16.120-1.
Table 17.16.120-1 Noncommercial Animal Keeping in Residential Districts | ||
|---|---|---|
Animals Allowed | ||
Animal | One Dwelling Unit on Parcel | Multiple Dwelling Units on Parcel |
Poultry over 12 weeks old | 6 total | 6 total |
Homing pigeons | 6 total | 6 total |
Rabbits | 6 total | 6 total |
Weaned dogs | 3 total | 3 per dwelling unit |
Weaned cats | 3 total | 2 per dwelling unit |
Small reptiles and amphibians, such as turtles, lizards, snakes and frogs | 6 total | 3 per dwelling unit |
Small birds, such as parakeets, parrots or canaries | 6 total | 3 per dwelling unit |
Pot-bellied pigs | 1 total | 1 per dwelling unit |
Fish and other underwater animals | No limit | No limit |
2.
On any site larger than 1/2 acre, one weaned goat, sheep or similar small livestock animal may be kept.
3.
In UR-10, UR-5, RA, RR-1, RR-20 and RR-10 districts, the following animals may be kept for noncommercial purposes:
a.
One weaned horse, cow, donkey or mule for each 20,000 square feet of available site area. Sites less than 5 acres shall be limited to a maximum of 6 such animals.
b.
One hive of honeybees for each 20,000 square feet of available site area, up to a maximum of 2 hives; provided, however, that aggressive types of bees, such as Africanized honeybees, shall not be kept.
c.
One weaned goat, sheep or similar small livestock animal for each 8,000 square feet of available site area. Sites less than 5 acres shall be limited to a maximum of 6 such animals.
d.
One ostrich, emu or other ratite for each 3,500 square feet of available site area. Sites less than 5 acres shall be limited to a maximum of 6 such animals.
4.
If a site in a residential district includes nonresidential land uses, those land uses may keep the following animals for noncommercial purposes:
5.
Future Farmers of America (FFA) and 4-H activities are exempt from the limitations in this section.
E.
Animal Keeping—Nonresidential Districts.
1.
Except for residential dwellings, any land use in a nonresidential district may keep the following animals for noncommercial purposes:
2.
Residential dwellings in a nonresidential district shall be subject to the animal keeping requirements for residential districts.
3.
A use permit, including conditions that ensure the proper management of manure, odors, noise, dust, flies and drainage, shall be required for commercial uses related to animal keeping, including, but not limited to:
4.
Future Farmers of America (FFA) and 4-H activities are exempt from the limitations in this section.
F.
Location Requirements.
1.
Poultry or rabbits that are not kept in a building shall be kept in a fully-enclosed structure located at least 60 feet from any occupied building on an abutting parcel.
2.
Pens, pastures or stables for livestock or ratites, as well as bee hives, shall be located at least 150 feet from any occupied building on an abutting parcel.
(Ord. 1749 § 4; Ord. 1819 § 4, 2017)
§ 17.16.130 Outdoor display and sales.
A.
Temporary Outdoor Display and Sales. The temporary outdoor display or sale of merchandise shall be allowed as of right, provided that it complies with the following requirements:
1.
The outdoor display or sale shall be conducted as an extension of an approved commercial use on the same site.
2.
The outdoor display or sale shall occur for no more than 120 days within any one-year period.
3.
The outdoor display shall not be placed on any sidewalk or pedestrian path that is narrower than 8 feet. In addition, portable signs shall not be placed where they would cause the usable width of a sidewalk or pedestrian path to become narrower than 5 feet or would otherwise obstruct the movement of pedestrians.
4.
The outdoor display shall not have a width that exceeds 3 feet and shall not occupy more than 50% of the store frontage.
B.
Permanent Outdoor Display and Sales. The permanent outdoor display or sale of merchandise shall comply with the following requirements:
1.
An administrative permit shall be required for a permanent outdoor display or sales area. The permit shall specify the approved location of the display and sales area. This permit requirement shall not apply to the outdoor display or sales of living plants or cut flowers; however, these activities shall be subject to all applicable requirements of this section.
2.
The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the same site.
3.
The outdoor display and sales area shall be screened from the view of adjoining public rights-of-way by decorative walls, fences or landscaping. Vehicle sales lots, produce stands, living plants and cut flowers, and oil displays on gas station pump islands are exempt from this screening requirement.
4.
Additional signs beyond those approved or allowed for the subject use are prohibited.
C.
Configuration of Display and Sales Areas. All outdoor display and sales areas shall be subject to the following requirements:
1.
The outdoor display of merchandise shall not exceed a height of 6 feet above grade, except with approval of a use permit. Trees and other plants that are greater than 6 feet tall are exempt from this requirement.
2.
Outdoor sales areas shall not encroach into required minimum setback areas. In zoning districts where there is no required minimum setback, the outdoor sales area shall have a required minimum setback of 5 feet from adjacent property lines.
3.
Displayed merchandise shall occupy a fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, easements or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic. Merchandise must be located entirely within private property, may not encroach into the public right-of-way, and may not occupy any required parking areas.
(Ord. 1749 § 4)
§ 17.16.140 Outdoor storage.
A.
Applicability. In nonresidential districts, all storage containers and permanent storage areas outside of a structure shall be subject to the provisions of this section, except as follows:
B.
Permit Requirements. Permits shall be required for outdoor storage areas as follows:
1.
In residential districts, one or more outdoor storage containers and storage areas with a total area of up to 150 square feet shall be allowed on a site as of right, subject to the requirements of this section.
2.
In commercial and mixed-use districts, one or more outdoor storage containers and storage areas with a total area of up to 250 square feet shall be allowed on a site as of right, subject to the requirements of this section.
3.
In industrial districts, one or more outdoor storage containers and storage areas with a total area of up to 500 square feet shall be allowed on a site as of right, subject to the requirements of this section.
4.
All other outdoor storage containers and storage areas, including storage areas for uses that are customarily conducted outdoors, shall be required to obtain a use permit.
C.
Number, Size and Location.
1.
Outdoor storage containers and storage areas shall not occupy more than 10% of the area of any site. In addition, no more than 4 outdoor storage containers shall be located on a site.
2.
Outdoor storage containers and storage areas shall be set back at least 10 feet from any lot line, and they shall not be located in any required minimum setback.
3.
Outdoor storage containers shall have a maximum height of 15 feet.
D.
Screening. Outdoor storage areas shall be screened by a solid fence of sufficient height to ensure that the outdoor storage area is not visible from public rights-of-way. The fence, and the storage area's contents, shall have a maximum height of 7 feet on sites located within or adjacent to a residential district, and 15 feet on all other sites. The exterior of the fence shall provide a decorative architectural treatment.
E.
Hazardous Wastes and Substances. Hazardous wastes and substances as defined in Chapter 8.12 of this Code, including liquids, shall not be stored in an outdoor storage area or storage container, except with the approval of the fire chief. The approval shall be granted only if the applicant demonstrates the following:
(Ord. 1749 § 4; Ord. 1763 § 10)
§ 17.16.150 Mobile food vending.
A.
Purpose. The purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality and security. These regulations differentiate the difference between a single mobile food vendor at one location, and multiple mobile food vendors at one location.
Single mobile vendors may be permitted to operate by administrative permit approval on private property as shown in Allowable Use Table 17.32.010-1 for commercial zones, Table 17.34.010-1 for mixed use zones, and Table 17.36.010-1 for industrial zones. Uses are subject to the following regulations.
Mobile food vending villages may be permitted to operate by minor use permit on private property as shown in Allowable Use Table 17.32.010-1 for commercial zones, Table 17.34.010-1 for mixed use zones, and Table 17.36.010-1 for industrial zones. Uses are subject to the following regulations. Mobile food vending villages on city owned property other than public rights-of-way are exempt from the requirement for a minor use permit but must comply with the same regulations as mobile food vending villages contained in this section.
B. "Mobile food vending villages (MFVV)" "Mobile food vendor (MFV)" "Vending stations"
Definitions.
are defined as more than one mobile food vending vehicle stationary on a private property for more than one hour at a time.
means any food service establishment designed to be readily movable, that sells food or drinks by means of a motorized or nonmotorized vehicle, such as a catering truck, food truck, or other itinerant method, for a period of at least 30 minutes in a single location in which food or drinks are heated or otherwise prepared and then sold. It also includes a nonmotorized vehicle which is not self-propelled or which cannot be moved by a person pushing or pulling such nonmotorized vehicle. Mobile food vendor shall not mean a "sidewalk vendor" as defined by Government Code Sections 51036 to 51039 (SB956) or an ordinance adopted by the city regarding sidewalk vendors.
are defined as the motorized or nonmotorized vehicle the mobile food vendor uses to sell food.
C.
Permit Requirements for All Mobile Food Vendors, Including Mobile Food Vending Villages.
1.
A single mobile food vendor at any one location shall be required to obtain an administrative permit as provided in this chapter. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend.
2.
Business Tax Certificate. Every mobile food vendor shall obtain a business tax certificate prior to operation.
3.
Butte County Environmental Health. A valid permit from the Butte County environmental health department is required and shall be displayed at the mobile food vending vehicle.
4.
Permit and License Display. At all times while vending, a valid business license shall be displayed at the mobile food vending vehicle.
5.
All mobile food vendors shall always display a current business tax certificate and the health department permit in plain view on the exterior of the vending station. In addition, the mobile food vendor shall always have a letter of permission from the owner of the subject property available in the mobile food vehicle.
6.
Only 9 mobile food vendors shall be permitted on East Highway 162 (Oro Dam Boulevard and Olive Highway). Any existing city-issued mobile food vendor permits located on Highway 162 as of the date this section becomes effective shall expire 180 days after the effective date of the ordinance codified in this section (see also subsection H below). No new mobile food vendors shall be permitted within 500 feet of the Highway 162 right-of-way line.
7.
All mobile food vendors shall be located a minimum of 500 feet from the property line of a parcel where any retail business that sells ready-to-eat food or beverages for on-premises or off-premises consumption is located. The only exception is mobile food vendors owned and operated by the same food retail business operating on that same parcel.
8.
All mobile food vendors shall be located a minimum of 500 feet from the property line of a parcel located in the Downtown Historic Overlay.
9.
Hours of operation for mobile food vendors shall be between 6:00 a.m. and 10:00 p.m.
10.
The vending station shall always be maintained in good operating condition.
11.
The vending station shall not include a permanent foundation or other feature that would constitute an improvement to real property.
12.
The vending station shall not discharge any materials onto the sidewalk, gutter, or storm drains.
13.
All mobile food vending shall be conducted entirely upon private property and not within any public right-of-way.
14.
On developed lots, mobile food vendors shall not operate in parking spaces required to meet minimum parking requirements for any other business on the subject site, block any parking required to adequately serve other businesses, or any driveways or aisles for vehicular circulation on the subject site.
15.
All mobile food vendors shall maintain a 10-foot minimum setback from the property lines and public sidewalks, curbs, and gutters.
16.
Mobile food vendors shall keep the subject property and adjacent right-of-way free of litter within 200 feet of the vehicle.
17.
All refuse shall be removed from the site and properly disposed of daily.
18.
All mobile vendors shall provide covered garbage, recycling, and compost containers as required by the Butte County environmental health department. No garbage, recycling, and compost containers will be permitted to remain on-site unless stored within a solid storage structure.
19.
No single mobile vendor shall use, play, or employ any sound outcry, amplifier, loudspeaker, radio or any other instrument or device to produce sound in connection with the promotion of a vending operation.
20.
Signage for single mobile food vendors shall be located on the vending equipment and is subject to the requirements of city of Oroville Municipal Code, Chapter 17.20, Signs.
21.
No mobile food vendor shall sell alcoholic beverages, non-food items, cannabis products, illegal drugs, adult-oriented material depicting, describing, or relating to sexual activities, and any other products prohibited by local, state and federal laws.
22.
After the permitted hours of operation, all mobile food vendors located on undeveloped property shall move their mobile food vending equipment and trash containers, including the mobile vehicle itself, off site or within an approved, enclosed structure on site. Mobile food vendors located on the same property as their commissary may store their vehicles overnight on the same property.
23.
Mobile food vendors shall not encroach on a public sidewalk or curb with any part of a vehicle, wagon, trailer or truck or any other equipment related to the operation of the business.
D.
Standards for Mobile Food Vendor Villages—Minor Use Permit. Mobile food vending villages shall require the approval of a minor use permit (MUP). The approval shall be specific to a location and shall not be transferable to other locations or operators. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend. Operation of a mobile food vending village shall not be permitted pursuant to California Senate Bill No. 946, as specified in Government Code Sections 51036 to 51039, Sidewalk Vendors.
1.
No more than 3 mobile food vendor villages shall be approved at one time within the city limits, except groups of mobile food vendors approved in conjunction with a special event permit or located on city-owned property.
2.
All mobile food vendor villages shall be located a minimum of one mile apart as measured from the property line on which there is an existing or proposed mobile food vending village to the property line on which there is an existing or proposed mobile food vending village.
3.
No mobile food vendor villages shall be permitted within 500 hundred feet of the Highway 162 right-of-way line.
4.
All mobile food vendor villages shall be located a minimum of 500 feet from the property line of a parcel where any retail business that sells ready-to-eat food or beverages for on-premises or off-premises consumption is located.
5.
All mobile food vendor villages shall be located a minimum of 500 feet from residential zones.
6.
Hours of operation for mobile food vendor villages shall be between 6:00 a.m. and 10:00 p.m., or as specified in the minor use permit conditions of approval for that site.
7.
Applications for mobile food vending villages shall include the location and description of any proposed outdoor dining area, including tables, chairs, and shade structures.
8.
If the proposed location is on an unimproved property, the area that the mobile food vendors will be parked on in addition to associated customer parking shall be paved or chip-sealed or other types of surfaces deemed appropriate. The requirements of Municipal Code Section 17.12.070, Parking, shall be met for customer parking. Other hard surfaces may be approved by the zoning administrator in the conditions of approval for the minor use permit.
9.
Mobile food vendor villages shall be permitted a maximum of 2 A-frame signs subject to the requirements of the Oroville Municipal Code, Chapter 17.20, Signs.
10.
No more than 200 square feet within a mobile food vendor village site or on property adjacent to a mobile food vendor village site shall be occupied by musical instruments, equipment, amplifiers, or bandstand. No music is allowed if there are less than 2 mobile food vendors at the site while music is being played or amplified.
11.
No temporary or permanent chairs, tables, shade structures or other site furniture is permitted except as specified in the mobile food vendor village minor use permit conditions of approval. Shade structures may require prior approval from the fire department dependent on shade structure size and materials.
12.
Building Division and Fire Department. All necessary permits and approvals from the building division and the fire department shall be obtained prior to operation of a mobile food vending village.
13.
Individual mobile food vendors within a mobile food vendor village shall maintain their immediate sales location in a clean and hazard-free condition.
14.
Optional on-site storage structures may be permitted as conditioned within the minor conditional use permit. All structures shall be placed on a concrete foundation. Building permits shall be issued for the structures as determined by the city building code. One metal storage container no larger than 200 square feet may be placed on site for use by the mobile food vendors. The storage container shall always be painted a dull beige color or as specified within the conditions of approval of the MUP. Any graffiti painted on the storage container shall be repainted with the base wall color within 48 hours' notice by the city to the property owner by the property owner. A deposit of $5,000 shall be deposited with the city finance department prior to placing the metal storage container on site to guarantee that the container(s) will be removed from the site when the mobile food vendor use on the site discontinues for more than 30 days.
15.
To prevent the activities of the mobile food vendor village from intruding onto the public street or adjacent properties, the zoning administrator may determine that permanent or temporary barriers shall be installed along street frontages or property lines based on the location of the proposed mobile food vendor village. Any barrier shall be installed and maintained by the property owner. Failure to maintain the barrier shall be reason for revocation of the MUP if the property owner fails to remedy the barrier condition within 14 days of receiving written notice from the city to repair/replace the designated barrier.
E.
Penalties and Fines.
1.
Any violation of this section by any individual holding a valid mobile food vendor permit is punishable as follows:
First Violation | Administrative Fine of $100 |
Second Violation Within One Year of First | Administrative Fine of $200 |
Each Addition Violation within One Year of First | Administrative Fine of $500 |
Fourth and Subsequent Violations | Revocation of Permit |
2.
Any person found vending without a mobile food vending permit shall immediately cease vending and the activity is punishable by the following in lieu of the administrative fines set forth above:
First Violation | Administrative Fine of $250 |
Second Violation Within One Year of First | Administrative Fine of $500 |
Each Addition Violation within One Year of First | Administrative Fine of $1,000 |
F.
Approvals. All city-issued mobile food vendor permits (administrative, ministerial, or conditional use permit approval) issued after the effective date of the ordinance codified in this section shall be valid for a period of one year from the date of approval. Any existing city-issued mobile food vendor permits as of the date this section becomes effective shall expire 180 days after the date of the effective date of the ordinance codified in this section. All mobile food vendors must apply for a new mobile food vendor permit within 180 days of the effective date of this ordinance and comply with all regulations in this section.
G.
Revocation. An administrative permit may be modified or revoked by the zoning administrator, pursuant to Oroville Municipal Code Section 17.48.020 should the conditions in that section apply. A MUP may be modified or revoked by the planning commission pursuant to Oroville Municipal Code Section 17.48.010(F) should the conditions in that section apply.
§ 17.16.160 Alcoholic beverage sales.
A.
Criteria to Be Considered. In determining whether to grant a use permit for alcoholic beverage sales and appropriate conditions to be imposed, the planning commission shall consider the following issues, and make appropriate findings, based on substantial evidence, for each issue:
1.
The nature of all land uses within 500 feet of the proposed alcoholic beverage sales, and in particular, the location of similar nearby uses and the location of residences, parks, schools and houses of worship.
2.
Appropriate measures to provide proper maintenance of the building exterior, including provisions to keep the premises free of litter and debris.
3.
Lighting of exterior areas, including parking lots, to discourage loitering outside of the building.
4.
Protection of adjacent properties from noise, odors and undue light and glare, as well as illegal activity.
5.
Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the chief of police.
6.
Hours of operation.
7.
Controls on occupancy limits inside of the building and loitering outside of the building.
8.
Prevention of adverse effect of the use on the value of adjacent properties.
9.
Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration.
B.
Conditions of Approval. Any use permit for alcoholic beverage sales may include any conditions necessary to ensure that the use operates in a manner that provides adequate protection of public health, safety and welfare.
(Ord. 1749 § 4)
§ 17.16.170 Wireless communication facilities.
A.
Purpose. The purpose of this section is to establish a consistent set of standards to regulate the placement and design of wireless communication facilities. These standards are intended to protect and promote public health, safety, community welfare and the unique visual character of the City of Oroville by encouraging the orderly development of wireless communication infrastructure.
B.
Exemptions. The following facilities shall be exempt from the regulations of this section, and shall be permitted provided that the following conditions are met:
1.
Receive-only radio and television antennas, including satellite dishes less than 18 inches in diameter, provided that all of the following requirements are met:
2.
Amateur radio facilities, provided that all of the following requirements are met:
a.
Only one such facility is installed on any single site.
b.
The facility meets all setback, site coverage and other limitations on structures in the applicable zoning district, except height.
c.
If tower-mounted, the supporting tower does not exceed 35 feet in height from the natural grade below.
d.
The overall facility is no taller than necessary to support its function.
e.
The overall facility does not exceed the maximum height in the applicable zoning district by more than 20 feet. Increased height may be allowed if necessary to support the facility's function, subject to a use permit.
f.
Multiple antennas are grouped so as not to exceed 9 square feet in area.
g.
The facility is licensed with the FCC.
h.
All required building permits are obtained.
3.
Temporary wireless communication facilities providing public information coverage of a news event. Mobile facilities providing public information coverage of news events may be set up on public or private property for a duration of 72 hours or less.
4.
Personal wireless Internet equipment, such as a wireless router, provided that these devices comply with all applicable FCC regulations.
5.
Personal handheld and portable wireless devices, such as mobile phones, cordless phones, personal digital assistants (PDAs) and wireless headphones, provided that these devices comply with all applicable FCC regulations.
C.
General Requirements. All wireless communication facilities that are subject to the requirements of this section shall meet the following general requirements, regardless of the zoning district in which they are located:
1.
The construction of any wireless communication facility shall require a building permit issued by the city.
2.
Wireless communication facilities shall comply with all applicable local, State and federal requirements, including, but not limited to, the general plan, any applicable specific plan, the requirements of this title and this Code, and all applicable Federal Communications Commission (FCC) rules, regulations and standards.
3.
No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no wireless communication facility or combination of facilities shall produce at any time power densities that exceed the current FCC adopted standards for human exposure to RF fields.
D.
Height. Wireless communication facilities shall meet the following height requirements:
1.
All wireless communication facilities shall be of the minimum functional height.
2.
No wireless communication facility, except an amateur radio facility, may exceed the allowed height in its zoning district unless the operator can show that the applicable height limit would eliminate the operator's ability to provide service in an area.
3.
No roof-mounted wireless communication facility, except an amateur radio facility, may be more than 15 feet taller than the roof of the building on which it is mounted.
4.
If an operator wishes to apply for an exception to these height limitations, then an Alternatives Analysis must be completed as described in this section, and the operator shall be required to obtain a use permit.
E.
Design Standards. Wireless communication facilities shall meet the following design standards:
1.
All wireless communication facilities shall be screened to the maximum extent practicable, pursuant to the following requirements:
a.
Ground- and tower-mounted antennas and all accessory structures shall be located within areas where substantial screening by vegetation can be achieved. For facilities that require a use permit, additional vegetation or other screening may be required as a condition of approval.
b.
Structure-mounted antennas shall be stealth-mounted. The projection of structure-mounted antennas from the face of the structure to which they are attached shall be minimized.
c.
Roof-mounted antennas shall be set back from the edge of the roof by a distance greater than or equal to the height of the antenna. For roof-mounted antennas that require a use permit, a screening structure that incorporates architectural elements of the building on which it is mounted may also be required as a condition of approval.
2.
All cabling between equipment and antennas shall be routed through the interior of a building wherever possible. Cable routed on a building exterior shall be encased in a tray or other architectural feature that has similar color and ornamentation to the building exterior. Cable routed on the ground shall be buried. All cabling shall be performed in accordance with the Electrical Code.
3.
No wireless communication facility shall be installed at a location where special painting or lighting will be required by Federal Aviation Administration (FAA) regulations, unless technical evidence acceptable to the zoning administrator is submitted showing that this is the only technically feasible location for the facility. Facilities shall be generally unlit except when authorized personnel are present at night. All facilities shall be painted to minimize visual impact.
4.
Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for accessory buildings in their zoning districts. The enclosures and cabinets shall incorporate architectural details that are similar to other buildings on the site and shall be designed to minimize their visual impact. Underground vaults shall be used to meet these requirements if necessary.
5.
Wireless communication facilities shall be served by the minimum roads and parking areas necessary and shall use existing roads and parking areas whenever possible.
6.
All commercial wireless communication facilities shall be designed to promote future facility and site sharing. Towers and roof-mounts shall be designed to structurally accommodate at least one additional operator.
F.
Permit Requirements. All wireless communication facilities that are subject to the requirements of this section shall be required to obtain either an administrative permit or a use permit, as follows:
1.
The following wireless communication facilities shall be required to obtain an administrative permit:
a.
Receive-only antennas and receive-only satellite antennas that are not exempt from this section.
b.
Amateur radio facilities.
c.
Wireless communication facilities installed on city-owned property. An executed license or lease agreement shall also be required.
d.
Wireless communication facilities installed in commercial and industrial zoning districts, provided that they are at least 500 feet from a residential district.
e.
Colocation of new wireless communication facilities within a colocation facility, provided that the colocation facility was previously approved through a use permit or other discretionary permit.
2.
A use permit is required for any wireless communication facility that is subject to the requirements of this section and that does not qualify for an administrative permit. In order for the planning commission to approve a proposed wireless communication facility under a use permit, the commission shall make the findings required for a use permit, as well as the following additional findings:
a.
No alternative site or design is available that would allow for issuance of an administrative permit for the facility.
b.
The facility either does not require a Radiofrequency (RF) Environmental Evaluation Report, or the RF Environmental Evaluation Report for the facility shows that the cumulative nonionizing electromagnetic radiation (NIER) emitted by the facility and any nearby facilities will be consistent with FCC regulations.
c.
The facility will not have significant visual impacts.
G.
RF Environmental Evaluation Report.
1.
An RF Environmental Evaluation Report shall be prepared for any proposed wireless communication facility meeting the specifications below. For any proposed facility that requires an RF Environmental Evaluation Report, the facility shall not be approved unless the report demonstrates that RF emissions from the facility, in combination with existing RF emissions from nearby facilities, will meet the current FCC-adopted exposure standard.
2.
Wireless communication facilities meeting any of the following criteria require an RF Environmental Evaluation Report before they may be permitted:
a.
Facilities described in Table 1 of Paragraph 1.1307 of the FCC's Report and Order in ET Docket No. 93-62, or any subsequent FCC document that supersedes it.
b.
Facilities proposed to be installed within 50 feet of an existing wireless communication facility.
c.
Facilities with one or more antenna that will be installed less than 10 feet above any area that is accessible to untrained workers or the public.
d.
Facilities proposed in any residential zoning district.
3.
The RF Environmental Evaluation Report shall meet the following requirements:
a.
The RF Environmental Evaluation Report is subject to the approval of the zoning administrator.
b.
The RF Environmental Evaluation shall be prepared by an NIER professional.
c.
The RF Environmental Evaluation Report shall explicitly state that "operation of the proposed facility in addition to other ambient RF emission levels will not exceed current FCC-adopted standards with regard to human exposure in controlled and uncontrolled areas, as defined by the FCC."
d.
Assumptions utilized for the calculations of RF exposure shall be conservative in nature and, at a minimum, shall be in accordance with the most recent FCC guidance on assessment of RF exposures.
e.
The RF Environmental Evaluation Report shall compare RF measurements and/or calculations of RF exposure to the applicable FCC exposure standard. The comparison shall include the power density in micro-watts per square centimeter and as a percentage of the applicable FCC exposure standard.
f.
RF field measurements of power density of the proposed facility and/or surrounding facilities shall be included in the RF Environmental Evaluation Report when no adequate technical information is available regarding other wireless communication facilities that may substantially contribute to RF exposure at the subject site. In addition, these field measurements shall be included if calculations of RF exposure indicate the possibility of exposures in excess of the FCC exposure standard.
g.
All required RF field measurements shall be performed by an NIER professional. Evidence shall be submitted showing that the testing instruments used were calibrated within their manufacturer's suggested periodic calibration interval, and that the calibration is by methods traceable to the National Bureau of Standards. Measurements shall be performed in compliance with FCC guidance regarding the measurement of RF emissions and shall be conducted during normal business hours on a non-holiday weekday.
h.
The zoning administrator may monitor the performance of testing required for preparation of the RF Environmental Evaluation Report. The cost of this monitoring shall be borne by the applicant.
4.
To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to RF emissions, or upon the recommendation of the zoning administrator, the operator shall modify the placement of the facilities; install fencing, barriers or other appropriate structures or devices to restrict access to the facilities; install signage, including the RF radiation hazard warning symbol identified in American National Standards Institute (ANSI) C95.2-1982 and multi-lingual warnings if deemed necessary by the zoning administrator to notify persons that the facility could cause exposure to RF emissions.
5.
If the FCC RF emission standards are modified, the operator shall ensure that the facility is reevaluated for compliance with the new standards, and a recertification statement prepared by a NIER professional shall be submitted by the operator to the zoning administrator prior to the effective date of the new FCC RF emission standards.
H.
Application and Registration Requirements. In order to assist the city in maintaining an accurate inventory of wireless communication facilities within its area, so that the city can enforce the requirements of this title, provide accurate information, collect license fees or charges that may be due the city, and monitor compliance with local, state and federal laws, an application for an administrative permit or use permit for a wireless telecommunication facility shall include the following information:
1.
Applicants shall supply, at a minimum, the following background information, in addition to any further information required by the zoning administrator:
a.
Operator's name, address and telephone number.
b.
Agent's name, address and telephone number, if any.
c.
Street address of proposed site, or the nearest street address to the site.
d.
Assessor's Parcel Number (APN), or the APN of the nearest parcel.
e.
Type of communication service to be provided.
f.
Property owner's name and address.
g.
Lease term, if applicable.
h.
Site ground elevation.
i.
Height of existing building, if any.
j.
Identifying characteristics of any existing antennas on the site.
k.
Proposed antenna height.
l.
Size and type of tower, if any.
m.
Size and type of antenna.
n.
Type of transmitter.
o.
Broadcast power.
p.
Radio frequencies used.
q.
Coverage area.
r.
Proposed screening, if any.
2.
A site plan shall be submitted with sufficient detail to understand the location of the facility and any landscape features that may screen it. At a minimum, the site plan shall include property boundaries and dimensioned setbacks of any existing and proposed structures, communication equipment and accessory structures. Any existing and proposed landscaping or other materials that would screen the proposed wireless communication facility shall also be shown.
3.
The applicant shall provide architectural plans and elevation drawings, as applicable, with sufficient detail to understand the design and appearance of the facility. At minimum, these drawings should convey existing heights, proposed heights, materials, colors, schematic antenna mounting details, any proposed screening structures if any, schematic cable runs, design of any exterior cable enclosures if any, location of associated equipment and design of accessory structures.
4.
If an RF Environmental Evaluation Report is required by this section, the report shall be submitted with the permit application.
5.
For a facility that requires a use permit, a photosimulation of the project shall be provided. The photosimulation shall be created using a photograph of the proposed site, from a location approved by the zoning administrator, with the proposed facility superimposed on it in a manner that accurately shows the scale, shape and color of the proposed facility. The purpose of the photosimulation is to assist in arriving at a determination of the level of significance of the proposed facility's visual impact.
6.
For a facility that requires a use permit, an alternatives analysis shall be prepared by or on behalf of the operator, in accordance with the following requirements:
a.
The alternatives analysis shall consider alternative locations and designs for the proposed facility. Alternatives included in the analysis should generally include co-location at all existing wireless communication facilities within 1/4 mile of the proposed facility, as well as lower, more closely spaced wireless communication facilities. The alternatives to be analyzed shall be approved by the zoning administrator.
b.
The alternatives analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effect on the community and whether any alternative site or design is available that would allow for issuance of an administrative permit for the facility.
c.
The zoning administrator may, at his or her discretion, employ an independent technical expert to review this alternatives analysis on behalf of the city. The operator shall bear the costs of this review.
I.
Term of Approval.
1.
Permits for wireless communication facilities issued under these regulations shall generally be valid for 10 years, unless this term is changed through the permitting process.
2.
A permit granted under these regulations shall become invalid if an operator of a wireless communication facility ceases to operate the facility under the terms of these regulations or under the specific conditions of approval for the facility. If the facility becomes noncompliant, the owner shall cease to operate the facility and remove it from its location within 90 days of being informed that the permit has become invalid.
3.
All permits for wireless telecommunication facilities, regardless of the method by which they were originally issued, may be extended administratively by the zoning administrator upon verification of the permit-holder's continued compliance with the findings and conditions of approval under which the application was originally approved. At his or her discretion, the zoning administrator may require a public hearing for renewal of a use permit for a wireless communication facility.
4.
As part of the permit renewal process, the zoning administrator may require submittal of a certification by an NIER professional that the facility is being operated in accordance with all applicable FCC standards for RF emissions.
J.
Pre-Existing Facilities.
1.
Wireless communication facilities with valid permits from the city that were established prior to these regulations shall not be subject to the provisions of this section. In addition, wireless communication facilities that were established prior to annexation by the city, and that have valid permits from the County, shall not be subject to the provisions of this section. However, permits that require renewal shall be renewed under the provisions of this section, and any proposed modification to these facilities shall require new permits as provided in this section.
2.
All non-exempt wireless communication facilities without permits issued by the city shall acquire them under the provisions of this section within 90 days of the adoption of these regulations.
K.
Removal Upon Discontinuation of Use. All equipment associated with a wireless communication facility shall be removed within 90 days of the discontinuation of the use, and the site shall be restored to its original pre-construction condition. The operator shall agree to this removal as a condition of approval of each permit issued. For facilities that require a use permit, the planning commission may require the posting of a bond to ensure removal. Required bonds shall be posted in a form and manner approved by the city attorney.
L.
Fees. Fees for wireless communication facilities shall be commensurate with the city's administrative expenses. The city shall adopt these fees by resolution of the city council.
(Ord. 1749 § 4; Ord. 1769 §§ 5—7)
§ 17.16.175 Distributive antenna systems.
A.
General Requirements. Distributive antenna systems (DAS) shall be a permitted use in all zoning districts subject to all applicable regulations, including, but not limited to, the requirements in this section:
1.
Applicant must demonstrate that a "significant gap" in service exists to necessitate the proposed system.
2.
A lease/right-of-way agreement shall be required for all utilization of street lights within the Oroville city limits for the placement of DAS networks.
3.
No lighting or other forms of illumination shall be permitted on any DAS network in residential districts.
4.
All DAS networks shall fully comply with the city's noise ordinance, as found in Chapter 9.20 of the Oroville Municipal Code.
5.
No commercial advertising shall be allowed on any antenna or associated equipment.
6.
Installation of all systems shall require a city-issued building permit.
B.
Design Requirements.
1.
DAS networks shall not exceed a maximum height of 50 feet without discretionary approval from the planning commission.
2.
DAS network components/equipment shall be minimized or "stealthed" as much as feasibly possible.
3.
Preference of the city is to place ground equipment in underground vaults whenever feasible. While undergrounding the equipment would be the baseline requirement, there may be cases where undergrounding is not feasible due to soil, water table, or space constraints. Ground-mounted equipment may be housed in cabinets that can have a variety of architectural treatments to blend in as best as possible with the surroundings.
4.
Applicant must demonstrate that no viable design alternatives of the proposed system exist that would provide for a more compatible design with the surroundings.
5.
Applicant shall make a good faith effort to properly design all components/equipment, which best conceals the components for least visual disturbance possible.
6.
Designs shall require approval of the development review committee.
C.
Antenna Hub Sites. Antenna hub sites may be developed subject to the performance standards below.
1.
Antenna hub sites shall be classified as a "utility building or substation" for land use related purposes.
2.
Antenna hub sites shall comply with the development standards of the applicable district in which they are located.
3.
Antenna hub sites shall be compatible with development in the vicinity with regards to the setting, color, lighting, design and materials. To the maximum extent feasible, related unmanned equipment at antenna hub sites shall be enclosed within a structure.
4.
Related unmanned equipment not housed within a structure shall be screened by a solid fence, wall or berm. If equipment is added to an existing screened enclosure that contains telecommunication uses and/or structures, the screening requirements may be satisfied with the existing screening.
5.
Designs shall require approval of the development review committee.
(Ord. 1805 § III, 2014)
§ 17.16.180 Solar energy systems.
A.
Purpose. This section establishes standards for systems that convert solar energy into electricity. These standards allow for an efficient permit process while minimizing potential impacts on neighboring properties.
B.
Types of Systems.
1.
A "Tier 1" solar energy system means a system only used to power on-site uses. Tier 1 systems include roof-mounted and ground-mounted systems and photovoltaic systems integrated into building materials used in the construction of a structure.
2.
A "Tier 2" solar energy system means a ground-mounted system used to power on-site and off-site uses, with less than 50% of the power generated used off-site.
3.
A "Tier 3" solar energy system means a ground-mounted system used to power on-site and off-site uses, with 50% or more of the power generated used off-site.
C.
Permitted Locations—Permits Required. Table 17.16.180-1 identifies permits required to establish solar energy systems, and the districts where each type of system is permitted.
Table 17.16.180-1: Permits Required for Solar Energy Systems | ||
|---|---|---|
System Type | Permits Required | |
Residential Districts | All Other Districts | |
Tier 1 | Zoning Clearance | |
Tier 2 | Not Allowed | Administrative Permit |
Tier 3 | Not Allowed | Use Permit |
D.
Maximum Size.
E.
Development and Operation Standards.
1.
Photovoltaic panel systems shall meet all applicable performance standards of the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission regarding safety and reliability.
2.
Ground-mounted photovoltaic panel systems shall comply with the height and setback standards in Table 17.16.180-2.
Table 17.16.180-2: Ground-Mounted Systems, Height, and Setback Standards | ||
|---|---|---|
Parcel Size | Maximum Height | Minimum Setback |
Less than 2 acres | 8 feet | As required by district |
2 to 10 acres | 10 feet | As required by district plus 10 additional feet in or adjacent to residential district |
Greater than 10 acres | 15 feet | As required by district plus 15 additional feet in or adjacent to residential district |
3.
Photovoltaic panel systems attached to a roof may not project more than 3 feet above the roof at its highest point. Projections greater than 3 feet but no more than 12 feet are permitted with the approval of a use permit.
4.
If the city determines that a Tier 2 or Tier 3 system is abandoned, the property owner must remove all equipment and facilities from the site and return the site to its original condition. The city will consider a Tier 2 or Tier 3 system abandoned if the system stops producing electricity for 24 months, unless the property owner demonstrates to the city's satisfaction that there is no intent to abandon the facility.
(Ord. 1784 § 5; Ord. 1810 § 1, 2015; Ord. 1819 § 4, 2017)
§ 17.16.185 Solar energy requirements.
§ 17.16.190 Smoke shops.
A.
Purpose. These regulations are intended to allow persons to establish smoke shops in the City of Oroville in a manner that protects the city's public health, safety and welfare by limiting the number of smoke shops in the city limits with respect to the city's population size.
B.
Applicability.
1.
A total of one smoke shop is allowed within city limits for every 4,000 city residents.
2.
In the event that the number of existing smoke shops per every 4,000 city residents exceeds the above limit, no additional smoke shops will be allowed within city limits until the number of smoke shops fall below the above threshold as a result of:
a.
Population growth within the city that would allow for an additional smoke shop to locate within city limits per the threshold above; or
b.
The number of smoke shops within city limits decreases to a level that would allow for an additional smoke shop to locate within city limits per the threshold above.
Table 17.16.190-1 Number of Smoke Shops Allowed | |
|---|---|
Number of City Residents (Range) | Number of Smoke Shops Allowed |
X* | Z |
0 to 4,000 | 1 |
4,001 to 8,000 | 2 |
8,001 to 12,000 | 3 |
12,001 to 16,000 | 4 |
16,001 to 20,000 | 5 |
Etc. | — |
Note: |
* X / 4,000 = Z. If Z is not a whole number, round up to the next whole number. |
C.
General Regulations. Smoke shops will be subject to all provisions within Chapter 5.28 of the Oroville Municipal Code.
D.
Permit Required. All smoke shops are required to obtain a use permit that may include conditions necessary to ensure that the use operates in a manner that provides adequate protection of public health, safety and welfare.
E.
Criteria to Be Considered. In determining whether to grant a use permit for a smoke shop and what appropriate conditions should, if any, be imposed, the planning commission shall consider the following issues and make appropriate findings, based on substantial evidence, for each issue:
1.
The nature of all land uses within 500 feet of the proposed smoke shop, and in particular, the location of similar nearby uses and the location of residences, parks, schools and houses of worship.
2.
Appropriate measures to provide proper maintenance of the building exterior, including provisions to keep the premises free of litter and debris.
3.
Lighting of exterior areas, including parking lots, to discourage loitering outside of the building.
4.
Protection of adjacent properties from illegal activity.
5.
Hours of operation.
6.
Prevention of adverse effects of the use on the value of adjacent properties.
(Ord. 1794 § 2)
§ 17.16.200 Cottage food operations.
A.
Purpose. The purpose of this section is to implement the provisions of Assembly Bill No. 1616 (AB 1616), and to provide reasonable standards, restrictions and requirements concerning the use of a residence as a cottage food operation.
B.
Permit Required. The city shall not prohibit a cottage food operation in any residential dwelling. However, a moderate-impact home occupation permit is required to use a residence as any cottage food operation that complies with all the provisions of the Oroville Municipal Code and AB 1616. There are 2 possible classifications for a cottage food operation which include:
1.
Class A. A cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in paragraph (4), subdivision (b), of the CA Health and Safety Code Section 113758.
2.
Class B. A cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third-party retail food facility described in paragraph (5), subdivision (b), of the CA Health and Safety Code Section 113758.
D.
Cottage Food Products. Cottage food products are defined as non-potentially hazardous foods, as described in Section 113871, including foods that are described in Section 114365.5 of the CA Health and Safety Code and that are prepared for sale in the kitchen of a cottage food operation. All food shall be obtained from sources that comply with all applicable laws.
A list of non-potentially hazardous foods is maintained and updated by the State Public Health Officer who may add or delete food products to or from the list, which shall be known as the approved products list.
E.
Requirements. All cottage food operations shall be subject to the following requirements:
1.
No cottage food preparation, packaging, or handling may occur in the home kitchen concurrent with any other domestic activities, such as a family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment.
2.
No infants, small children, or pets may be in the home kitchen during the preparation, packaging, or handling of any cottage food products.
3.
Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.
4.
All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food products shall be washed, rinsed and sanitized before each use.
5.
All food preparation and food equipment storage areas shall be maintained free of rodents and insects.
6.
Smoking shall be prohibited in the portion of a private home used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, while cottage food products are being prepared, packaged, stored, or handled.
7.
Any person with a contagious illness shall refrain from work in the registered or permitted area of the cottage food operation.
8.
A person involved in the preparation or packaging of cottage food products shall keep his or her hands and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity in a cottage food operation.
9.
Water used during the preparation of cottage food products shall meet the potable drinking water standards described in Section 113869 of the CA Health and Safety Code, except that a cottage food operation shall not be required to have an indirect sewer connection.
10.
A person who prepares or packages cottage food products shall complete a food processor course instructed by the local health department within 3 months of becoming registered.
11.
A cottage food operation shall properly label all cottage food products in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 343 et seq.). Additionally, to the extent permitted by federal law, the label shall include but is not limited to, all of the following:
a.
The words "Made in a Home Kitchen" in 12-point type on the cottage food product's primary display panel;
b.
The name commonly used for the food product or an adequately descriptive name;
c.
The name of the cottage food operation which produced the cottage food product;
d.
The registration or permit number of the "Class A" or "Class B" cottage food operation, respectively, which produced the cottage food product and, in the case of "Class B" cottage food operation, the name of the local enforcement agency that issued the permit number;
e.
The ingredients of the cottage food product, in descending order of predominance by weight, if the product contains 2 or more ingredients.
12.
In addition to these specified regulations for cottage food operations, all cottage food operations shall be subject to the requirements of a moderate-impact home occupation.
F.
Inspections.
1.
Class A. Except as provided in this subsection, a "Class A" cottage food operation shall not be subject to initial or routine inspections.
2.
Class B. Except as provided in this subsection, a "Class B" cottage food operation shall not be subject to more than one inspection per year by the local enforcement agency.
For the purpose of determining compliance with this chapter and all provisions in AB 1616, a representative of a local enforcement agency, for inspection purposes, may access the permitted area of a private home where cottage food operation is located only if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter or any provision in AB 1616. |
(Ord. 1795 §§ 2, 3)
§ 17.16.210 Emergency shelters.
A.
Definitions. Unless the contrary is stated or clearly appears from the context, "emergency shelter" and "homeless person" shall be defined as specified in Section 17.04.060.
B.
Development Standards. In addition to the applicable standards as specified in this chapter, emergency shelters shall also be subject to the following development standards:
1.
Each resident must be provided a minimum of 50 gross square feet of personal living space, not including space for common areas. In no case can occupancy exceed 30 residents at any one time.
2.
Before commencing operations, the emergency shelter provider must have a written management plan, which must be approved by the zoning administrator. The management plan must at a minimum include: requirements for staff training; resident selection process; pet policies; scheduling of outdoor activities; temporary storage of residents' personal belongings; safety and security; management of outdoor areas; and counseling and social service programs for residents, if any.
3.
Not more than one emergency shelter is permitted within a radius of 300 feet from another emergency shelter.
4.
Individual occupancy in an emergency shelter is limited to 6 months during any 12 consecutive month period.
5.
Each emergency shelter must have an on-site management office staffed by at least one employee at all times that the emergency shelter is operating.
6.
Each emergency shelter must have on-site security, with at least one person present at the emergency shelter while it is operating.
(Ord. 1804 § V, 2014)
§ 17.16.220 Neighborhood food and beverage sales.
A.
Purpose. The purpose of this section is to allow residential neighborhoods convenient access to healthy, fresh, and staple foods.
B.
Permit Required. Where permitted, neighborhood food and beverage sales stores require an administrative permit. In addition to the materials required by Section 17.48.020 (Administrative permits), the permit application shall include the following information:
C.
Operating Standards.
1.
Health and Access. The store must follow operating standards to support access for all residents to healthy foods, as follows:
a.
Dedicate 30% of sales area to perishable goods that include dairy, fresh produce, fresh meats, poultry, fish, and frozen foods intended for home preparation.
b.
Dedicate 50% of sales area to nonperishable food products intended for home preparation.
c.
Accept CalFresh benefits.
d.
Apply to be a certified WIC vendor.
2.
Ready-to-Eat Foods. The store may sell ready-to-eat foods only if they are prepared on-site and are not the establishment's primary business purpose.
3.
Alcoholic Beverages. The store may sell alcoholic beverages only if they are not the store's primary business purpose. The store shall obtain alcohol permits in accordance with the California Department of Alcoholic Beverage Control.
4.
Hours. Sales may only occur between the hours of 7:00 a.m. and 7:00 p.m.
5.
Site Conditions. The proprietor shall maintain the exterior and interior of the store to provide adequate lighting, prevent loitering, provide trash and recycling receptacles, remove graffiti, and maintain cleanliness, as determined by the code enforcement division.
(Ord. 1819 § 4, 2017)
§ 17.16.230 Urban agriculture.
A.
Purpose. The purpose of this section is to allow local food to be produced, sold, and available for community development and education in areas close to where people live and work.
B.
Permit Requirements.
1.
Administrative Permit. An administrative permit shall be required for an urban farm use.
2.
Use Permit. A use permit is required for uses and activities that create noise in violation of Chapter 9.20 (Noise) of the municipal code or that create flies, strong odors (as addressed in Section 17.12.010(E), Air Emissions), frequent dust, or other significant impacts or hazards to surrounding properties.
3.
Uses Permitted By Right. All other urban agriculture uses that are not covered by subsections (B)(1) (Administrative Permit) and (B)(2) (Use Permit) are permitted by right.
C.
Animals and Livestock. Livestock-keeping and other animal-related agricultural uses are subject to the provisions of Section 17.16.120 (Animal keeping).
D.
Chemicals. Agricultural chemicals or pesticides shall not impact abutting properties or the surrounding neighborhood.
F.
Events. Events and educational activities at a community garden or urban farm use are limited to between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. 1819 § 4, 2017)