Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

The purpose of this chapter is to classify land uses according to use types on the basis of common functional, product, or compatibility characteristics.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Primary Uses. Primary uses shall be defined as either principal, conditional, or administrative uses. A principally permitted use is allowed in a zoning district and is subject to the restrictions applicable to that district. A conditionally permitted use is a use permitted in a particular zone district upon a showing that such use will comply with all the conditions and standards as specified in the zoning ordinance and authorized in the conditional use permit. Primary uses are established and regulated by this Article II.

B.

Accessory Uses. Accessory uses are uses accessory and incidental to the primary use of a parcel and are regulated by Chapter 17.34 (Accessory Uses and Structures).

(Ord. 289 § 2 (Exh. A (part)), 2002)

All primary uses are classified into the following use types. The following primary use types are more fully described in Sections 17.13.060 through 17.13.110, inclusive.

A.

Agricultural and Open Space Use Types.

Agricultural

Animal keeping

Resource protection and restoration

Resource related recreation

B.

Civic Use Types.

Community assembly

Community services

Essential services

Hospital services

Intensive public facilities

Libraries and museums, private

Public parking services

Schools

College and University

Elementary and Secondary

Private Elementary and Secondary

Social services

C.

Residential Use Types.

Accessory dwelling unit

Caretaker/Employee housing

Community care facility, small

Community care facility, large

Dwelling

Multi-family

Single-family

Two-family

Family day care home, small

Family day care home, large

Mobile home park

D.

Commercial Use Types.

Adult business establishments

Animal sales and service

Grooming and pet stores

Kennels

Veterinary clinic

Veterinary hospital

Automotive and equipment

Automotive rentals

Automotive repairs

Automotive sales

Car wash and detailing

Commercial parking

Equipment rental and sales

Equipment repair

Gasoline sales

Banks and financial services

Bars and drinking places

Broadcasting and recording studios

Building material stores

Business support services

Commercial recreation

Amusement center

Indoor entertainment

Indoor sports and recreation

Outdoor entertainment

Outdoor sports and recreation

Residential recreation facilities

Community care facility

Day care centers

Eating and drinking establishments

Fast-food with drive-through

Convenience

Full-service

Food and beverage retail sales

Funeral and interment services

Lodging services

Long-term care facility

Maintenance and repair

Medical services

Neighborhood commercial

Nightclubs

Nursery, retail

Offices, professional

Personal services

Retail sales and services

Specialized education and training

Storage, personal storage facility

E.

Industrial Use Types.

Equipment and materials storage yards

General industrial

Hazardous materials handling

Impound yards

Laundries, commercial

Light manufacturing

Printing and publishing

Recycling, scrap and dismantling

Enclosed

Unenclosed

Research services

Specialized industrial

Wholesale and distribution

Light

Heavy

F.

Transportation and Communication Use Types.

Antennas and communications facilities

Developed lot

Undeveloped lot

Heliport

Intermodal facilities

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

The following rules shall apply where a use of a parcel resembles two or more different primary use types, and none of the uses are accessory uses regulated pursuant to Chapter 17.34 (Accessory Uses and Structures):

A.

Separate Classifications of Multiple Establishments. If two or more individual establishments or businesses conduct separate primary uses on a single parcel, each use shall be considered a separate and distinct primary use of that parcel.

B.

Separate Classification of Different Major Categories of Uses Conducted by Individual Establishment. If an individual establishment or business conducts more than one primary use, which use appears to fit under more than one different use type as described in this chapter, each primary use shall be considered a separate and distinct primary use; provided, however, when the primary uses have the characteristics of one of the following listed use types, all such primary uses shall be classified as one of the use types on the list:

1.

General industrial;

2.

Hazardous materials handling; or

3.

Intensive public facilities.

If the primary uses resemble more than one of the use types on the above list, the uses shall be classified in the most appropriate use type, except that any industrial uses shall be classified within the hazardous materials handling use type if they so qualify under Section 17.13.100.C, Hazardous Materials Handling Use Type.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

If a proposed primary use is not specifically listed or identified as a use type in this Article II, the use shall not be allowed, except as follows:

A.

The director may determine that a proposed use not listed is permitted if:

1.

The common functional, product, or compatibility characteristics and activities associated with the proposed use are consistent with one of the use types identified in Chapter 17.13 listed as a permitted use type within the zoning district; and

2.

The proposed use is compatible with the purpose of the zoning district that applies to the parcel; and

3.

The proposed use will be consistent with the goals, objectives, and policies of the general plan.

B.

If the director determines that an unlisted proposed use is encompassed within a listed use type, the proposed use shall be subject to the same use regulations as the listed use type.

C.

The director may forward questions about permitted uses directly to the planning commission for an interpretation at a public hearing. The public hearing shall be scheduled as required in Chapter 17.91 for an appeal. The planning commission shall make a determination based on the criteria of Section 17.13.050.A as to which use type the proposed use fits into. The decision of the planning commission may be appealed to the council pursuant to Chapter 17.91.

D.

The director shall maintain a written record of all such determinations.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Agriculture and open space use types include on-site structures, development, and management activities which are necessary to conduct agricultural operations and which are compatible with the protection and enhancement of open space resources. Specific agriculture and open space use types referred to in this title are:

A.

Agricultural. Includes uses commonly associated with a farm or ranch for the production of grazing and feeding of livestock.

B.

Animal Keeping. Includes the keeping, feeding or raising of common farm animals or small animal specialties as an avocation, hobby or school project in association with a residential use as may be permitted in Title 6 (Animals) of this code.

C.

Resource Protection and Restoration. Includes activities and management of an area to preserve, recreate, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

D.

Resource Related Recreation. Includes facilities related to passive recreational use of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Civic use types include governmental and quasi-governmental agencies providing utility, educational, cultural, major medical, protective, governmental, and other uses which are strongly vested with public or social importance. Specific civic use types referred to in this title are:

A.

Community Assembly. Includes the activities typically performed by, or at, the following institutions or installations:

1.

Churches, temples, synagogues, and other places of worship;

2.

Public and private non-profit clubs, lodges, and meeting halls; and

3.

Public community recreation facilities including community centers, amphitheaters, and museums.

B.

Community Services. Includes uses provided by public agencies which are necessary to support the community's health, safety and welfare. Typical community services include:

1.

Cemeteries;

2.

City facilities (i.e., City Hall);

3.

Community water storage, wells and associated treatment facilities;

4.

Corporation yards, including storage, repair and processing of materials and equipment, and vehicles operated by governmental entities;

5.

Detention basins;

6.

Electrical substations (up to sixty kV);

7.

Intermodal facilities;

8.

Libraries;

9.

Park and ride lots;

10.

Police and fire stations (including antennas, antenna towers and communication facilities);

11.

Post offices, excluding major processing centers;

12.

Public parks and golf courses; and

13.

Satellite government facilities.

C.

Essential Services. Includes services which are necessary to support development and involve only minor structures such as bus stops, gas distribution pipelines, electrical distribution lines (up to and including sixty kV), utility poles, transformers (sixty kV or less), water and sanitary sewer, drainage facilities, communication facilities for community services provided by a public agency, and neighborhood parks, or specific services as may be needed to meet changing requirements in technical needs.

D.

Hospital Services. Includes medical, or surgical services for sick or injured persons primarily on an in-patient basis, and includes accessory facilities for outpatient and emergency medical services, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Services also include psychiatric services for persons primarily for outpatient and diagnostic services, training, research, administration, and services to patients, employees, or visitors.

E.

Intensive Public Facilities. Includes public services and utilities that may be objectionable in certain locations due to production of offensive odors, dust, noise, bright lights, vibration, or the storage of hazardous materials or products. Typical uses are electric receiving stations (sixty kV to two hundred thirty kV), sanitary landfills, public airports and heliports, or correctional institutions.

F.

Libraries and Museums, Private. Includes permanent, public, and quasi-public facilities generally of a noncommercial nature such as libraries, museums, and art exhibitions. Also includes historic sites and exhibits located in a public park.

G.

Public Parking Services. Includes parking services involving facilities that are publicly owned or operated.

H.

Schools.

1.

Colleges and Universities. Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Uses associated with colleges and universities may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the college or university.

2.

Elementary and Secondary. Includes public elementary, middle, junior high, and high schools serving grades K through twelfth. Uses associated with public elementary, middle, junior high, and high schools may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the public elementary, middle, junior high, or high school.

3.

Private Elementary and Secondary. Includes private and religious schools. It does not include schools included within the commercial, schools specialized education and training use type. Uses associated with private elementary and secondary schools may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the private elementary or secondary school.

I.

Social Services. Generally include those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups, or communities to successful social functioning.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Residential use types include the occupancy of living accommodations and includes uses which are typically associated with and provide support to residential areas, but excludes institutional living arrangements providing twenty-four hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Specific residential use types referred to in this title are:

A.

Accessory Dwelling Unit. Shall mean an attached or detached residential dwelling unit that is accessory to an existing legally established primary single-family residential dwelling, which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation. It also includes an efficiency unit and a manufactured home as defined in the Health and Safety Code.

B.

Caretaker/Employee Housing. Includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a non-residential use where a caretaker is needed for security or to provide twenty-four hour care or monitoring of facilities, equipment, or other conditions on the site.

C.

Community Care Facility, Small. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to six or fewer persons. Small community care facilities shall be licensed by the state department of social services.

D.

Community Care Facility, Large. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to no less than seven and no more than twelve persons. Large community care facilities shall be licensed by the state department of social services and are subject to an administrative permit in accordance with Section 17.48.

E.

Dwelling. Includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family dwellings, duplexes, multi-family dwellings, mobile homes, condominiums, and townhouses, all of which are separately defined. Dwellings include supportive multi-family and single-family housing for the disabled.

1.

Multi-family. Includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, triplexes and fourplexes, or similar use.

2.

Single-family. Includes a detached building designed exclusively for occupancy by one family.

3.

Two-family. Includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.

F.

Family Day Care Home, Small. Includes a private single-family dwelling where care, protection, and supervision of no more than eight minor children is provided for periods of less than twenty-four hours, or as "small family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

G.

Family Day Care Home, Large. Includes a private single-family dwelling where care, protection, and supervision of no fewer than seven and no more than fourteen children are provided for periods of less than twenty-four hours or as "large family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

H.

Mobile Home Park. Includes any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. (Also see Chapter 17.58.)

I.

Short-Term Rental. The rental of a furnished single-family or individual multi-family dwelling, or a portion of a single-family or individual multi-family dwelling, on a temporary basis (thirty consecutive days or less) to guests as an alternative to a hotel or other traditional lodging. Commercial activities at the short-term rental are not allowed as part of the short-term rental. See Chapter 17.51, Short-Term Rentals.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Commercial use types include the distribution, sale, and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:

A.

Adult-Oriented Businesses. Include any adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater or modeling studio as defined in Chapter 17.49. Any reference in this code to "adult business establishment" shall mean adult-oriented business, as provided herein.

B.

Animal Sales and Services. Includes establishments primarily engaged in animal-related sales and services. The following are animal sales and services use types:

1.

Grooming and pet stores. Includes grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.

2.

Kennels. Includes indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels, pet motels, and dog training centers.

3.

Veterinary clinic. Includes a fully enclosed veterinary facility containing only enough cage arrangements as are necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.

4.

Veterinary hospital. Includes a veterinary facility conducted in an enclosed building and/or in the open that provides long-term medical care, boarding, and grooming.

C.

Automotive and Equipment. Includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:

1.

Automotive rentals. Includes rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.

2.

Automotive repairs. Includes repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repair and painting. Typical uses include muffler shops, automobile repair garages, automobile glass shops, and minor services including oil change, tune-up/lube shops, tire installation, and stereo and car accessory installation.

3.

Automotive sales. Includes the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

4.

Car wash and detailing. Includes washing and polishing of automobiles. Typical uses include automobile detailing services and car washes.

5.

Commercial parking. Includes parking of operable motor vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.

6.

Heavy equipment rental and sales. Includes rental and sales of heavy equipment such as aircraft, trucks, tractor-trailer, semi-trucks, and heavy construction equipment.

7.

Equipment repair. Includes repair of equipment such as aircraft, boats, recreational vehicles, and trucks; automobile body repair and painting; and the installation and servicing of tractor-trailer, semi-trucks, and heavy construction equipment.

8.

Gasoline sales. Includes establishments primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, minor repair services and may include drive-through car washes, convenience eating places, and commercial uses. Typical uses include automobile service stations, filling stations, and commercial uses with gas sales.

D.

Banks and Financial Services. Includes financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (i.e., not predominantly operating) companies; and other investment companies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."

E.

Bars and Drinking Places. Includes establishments within a building where alcoholic beverages are sold for on-site consumption, which establishments are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

F.

Broadcasting and Recording Studios. Includes commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and television production and sound recording studios, with facilities entirely within buildings. Private transmission and receiving apparatus, such as towers, reflectors and antennas are included under the definition of "Antennas, Communications Facilities."

G.

Building Material Stores. Includes retail establishments selling lumber (which may include the cutting of pre-cut lumber) and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail sales and services"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

H.

Business Support Services. Includes establishments within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

1.

Blueprinting;

2.

Business equipment repair services, (except vehicle repair, see "automotive repair");

3.

Commercial art and design (production);

4.

Computer-related services (rental, repair, maintenance);

5.

Equipment rental businesses within buildings;

6.

Film processing laboratories;

7.

Mail advertising services (reproduction and shipping);

8.

Outdoor advertising services;

9.

Photocopying; and

10.

Photo-finishing.

I.

Commercial Recreation. Includes establishments primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

1.

Amusement center. Includes public places of amusement or public places of business in which four or more coin-operated amusement devices are installed and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

2.

Indoor entertainment. Includes predominantly spectator uses conducted within an enclosed building, excluding uses classified under adult business establishments (see Chapter 17.49). Typical uses include motion picture theaters, and community assembly.

3.

Indoor sports and recreation. Includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, soccer arenas, athletic clubs, and health clubs.

4.

Outdoor entertainment. Includes predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor amphitheaters, concert halls and sports arenas.

5.

Outdoor sports and recreation. Includes predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, and tennis courts.

6.

Residential recreation facilities. Includes predominantly participant sports which are normally associated with a country club, or are private residential community. Typical uses include country clubs, racquet clubs, golf courses, swimming pools, tennis courts, and other secondary uses including restaurants, and retail sales.

J.

Community Care Facility. Includes a facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time. Community care facilities shall be licensed by the state department of social services. Typical uses include assisted living facilities and facilities licensed by the state department of social services. Does not include long-term care facilities.

K.

Day Care Centers. Includes commercial or non-profit facilities that provide care, protection and supervision of thirteen or more minor children or adults in need of assistance for periods of less than twenty-four hours per day, typically while parents or family are working, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30, includes preschools.

L.

Eating and Drinking Establishments. Includes establishments primarily engaged in the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the "bars and drinking places" and "nightclubs." Eating and drinking establishment use types include:

1.

Fast-food with drive-through. Includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk up counter and at a drive-through window, and may include seating.

2.

Convenience. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, at a walk up counter and which does not include a drive-through or provide for ordering at the tables, if any. Typical uses include pizza parlors, ice cream parlors, and sandwich shops.

3.

Full-Service. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. Typical uses include full-service restaurants.

M.

Food and Beverage Retail Sales. Includes establishments primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, and delicatessens.

N.

Funeral and Interment Services. Includes establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead other than in cemeteries.

O.

Lodging Services. Includes establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Lodging services includes incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels and motels.

P.

Long-Term Care Facility. Includes an institution or a portion of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours. Typical uses include extended care facilities, intermediate care facilities, skilled nursing facilities, hospices and other facilities licensed by the state department of health services.

Q.

Maintenance and Repair. Includes all uses that provide maintenance and repair services for furniture, appliances and equipment normally used within a building. Typical uses include sewing machine and appliance repair.

R.

Medical Services. Include establishments primarily engaged in the provision of personal health services on an outpatient basis ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis-services, but excludes uses classified under any civic use type. Typical uses include medical offices, dental laboratories, medical laboratories, health maintenance organizations, immediate care facilities, and offices for physical therapists, chiropractors, and acupuncturists. Also may include establishments which provides services to persons on an outpatient basis for the treatment of controlled substances within the meaning of Health and Safety Code Section 11007 and Schedules I through V referred to therein, as amended from time to time. Services may include, but need not be limited to, the operation of a methadone program to the extent allowed by state law. Services to persons on an out-patient basis shall not be deemed to include the operation of a program providing counseling on an individual, family or group therapy basis, or offering other forms of non-residential psychological assistance, guidance or treatment for chemical dependency.

S.

Neighborhood Commercial. Includes establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These uses are compatible with residential development due to low traffic and noise generation and include various retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, drug stores, beauty salons, and offices, but do not include drive-through restaurants, bars and drinking places, or liquor stores.

T.

Nightclubs. Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing a stage or floor show or amplified live or recorded music, and space for spectators either standing or sitting, and/or dancing. Excludes uses classified under Chapter 17.49, Adult Business Establishments. Additional requirements are contained in Chapter 17.49.

U.

Nursery, Retail. Includes establishments primarily engaged in the sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise. This use type is typically conducted primarily outdoors. The sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise indoors is permitted under retail sales and services.

V.

Offices, Professional. Includes professional or government offices including:

1.

Accounting, auditing and bookkeeping services;

2.

Advertising agencies;

3.

Architectural, engineering, and surveying services;

4.

Attorneys;

5.

Computer software designers;

6.

Court reporting services;

7.

Data processing and computer services;

8.

Detective agencies and similar services;

9.

Secretarial and word processing services;

10.

Government offices including agency and administrative office facilities;

11.

Insurance agencies;

12.

Management, public relations and consulting services;

13.

Real estate agencies; and

14.

Writers and artists offices outside the home.

W.

Outdoor Storage. Means the physical presence of any personal property not fully enclosed within a structure that is not necessarily and customarily associated with the primary use of the lot. Refer to Chapter 17.34, Accessory uses, Section 17.34.020.C.

X.

Open Air Vending. Means selling, vending, supplying, or providing any goods, wares, merchandise, produce, prepared food, fresh cut flowers or plants, crafts or any other items determined by the city managers or his or her designee to be consistent with this type of use, from an open air vending facility. Refer to Chapter 17.50, Open Air Vending.

Y.

Open Air Vending Facility. Means a location where one or more stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation, can operate for open air vending. Refer to Chapter 17.50, Open Air Vending.

Z.

Open Air Vendor. Means open air vending from a stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation.

AA.

Personal Services. Includes establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or nonprofessional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry cleaning pick up stations.

BB.

Retail Sales and Services. Includes establishments primarily engaged in the sale of goods and merchandise, but excludes those classified under animal sales and services, automotive and equipment, business support services, building materials stores, neighborhood commercial services, food and beverage retail sales, and gasoline sales. Typical uses include:

1.

Auto parts;

2.

Bakeries, retail;

3.

Bicycle sales;

4.

Department stores;

5.

Drug and discount stores;

6.

Furniture stores;

7.

Hardware;

8.

Orthopedic supplies;

9.

Photography studios;

10.

Self-service laundries/dry cleaning stores; and

11.

Sporting goods and equipment.

CC.

Specialized Education and Training. Includes private establishments providing training or educational programs. Typical uses include vocational schools such as business, secretarial schools, and vocational schools offering specialized trade and commercial courses and establishments furnishing educational courses by mail. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). Also includes specialized non-degree granting schools such as: music schools, dramatic schools, language schools, driver education schools, martial arts studios, ballet, and other dance studios.

DD.

Storage, Personal Storage Facility. Includes a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. This use type does not include the outdoor storage of boats, cars, recreational vehicles, or equipment, and does not include the rental of trucks or other equipment. (Also see Chapter 17.64.)

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Industrial use types include the on-site production and storage of goods, equipment and materials, including certain associated accessory uses. Specific industrial use types referred to in this title are:

A.

Equipment and Materials Storage Yards. Includes all uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. It does not include any of the commercial use types identified under "automotive and equipment." Typical uses include contractor's storage yards, and corporation yards.

B.

General Industrial. Includes any manufacturing, processing, assembling, or fabrication of materials and products from raw materials, and also includes any industrial use involving an incinerator, blast furnace or other similar industrial process, including any industrial production conducted either wholly or partially outdoors. Typical uses include drum manufacturing and remanufacturing, batch plants, truss manufacturing, breweries, canneries and co-generation plants.

C.

Hazardous Materials Handling. Includes all industrial uses engaged in the handling of substances subject to the maintenance of a "risk management prevention program" under California Health and Safety Code, Section 25534. Typical uses include semi-conductor manufacturing.

D.

Impound Yards. Includes the storage of operable and inoperable vehicles for limited periods of time, within a secured enclosure. Does not include the dismantling of wrecked or inoperable vehicles which is "recycling, scrap and dismantling."

E.

Laundries, Commercial. Includes establishments primarily engaged in high volume laundry and garment services, including family and commercial laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, carpet and upholstery cleaners. Does not include coin-operated laundries.

F.

Light Manufacturing. Includes the manufacture, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, but does not include such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials. Typical uses include electronic equipment assembly, and computer component assembly.

G.

Printing and Publishing. Establishments primarily engaged in printing by letterpress, lithography, engraving, screen, offset or other common process including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

H.

Recycling, Scrap, and Dismantling. Includes uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Does not include landfills or other terminal waste disposal sites.

1.

Enclosed. Includes recycling, scrap and dismantling within enclosed building.

2.

Unenclosed. Includes recycling, scrap and dismantling not within a building.

I.

Research Services. Includes establishments primarily engaged in providing research, testing, or other scientific analysis. Typical uses include soils and materials testing laboratories, electronics research firms and pharmaceutical research laboratories.

J.

Specialized Industrial. Includes establishments engaged in activities that generate noise, vibration, odor, dust, or smoke similar to other industrial uses, but that do not clearly fit within another industrial use classification. This use type involves uses that are appropriately located with other industrial development and are not classified under either a commercial or civic use type. The director shall determine that a use is classified within this use type as prescribed in Section 17.13.050.

K.

Wholesaling and Distribution. Includes establishments engaged in wholesaling, storage, warehousing and bulk sale distribution, including, but not limited to open-air handling of materials and equipment other than live animals. Does not include the outdoor storage of material which is classified under "equipment and materials storage yards." The following are wholesaling and distribution use types:

1.

Light. Includes wholesaling, storage, and warehousing within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

2.

Heavy. Includes wholesaling, storage, distribution and handling of materials and equipment. Also includes uses engaged in the outdoor or indoor, long term or short term storage of large vehicles, and minor repair and maintenance of vehicles stored on the premises. Typical uses include truck terminal yards.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Transportation and communication use types include the transfer of information and people by various means. Specific transportation and communication use types referred to in this title are:

A.

Antennas and Communications Facilities. Includes commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, microwave communications and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, and equipment buildings. (Also see Chapter 17.52, Antennas and Communications Facilities.)

1.

Developed Lot. Located on a building or on the same lot developed with a permitted use.

2.

Undeveloped Lot. Located on a vacant lot or not developed with a permitted use.

Does not include:

a.

Home television and radio receiving antennas and HAM radio antennas, which are included under "residential accessory structures."

b.

Telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under essential facilities use type.

c.

Satellite dishes, which are included under accessory structures regulations and subject to the standards of Section 17.34.030.

d.

Communications facilities for community services provided by a public agency.

B.

Heliport. Includes land improved and intended to be used for the landing and taking off of helicopters or vertical take-off and landing (VTOL) aircraft. Includes facilities for private non-emergency landings and take offs, and permanent life safety facilities. It does not include landing of helicopters or VTOL for emergency purposes, pursuant to the Public Utilities Code Section 21001 et seq.

C.

Intermodal Facilities. Includes private establishments engaged in the provision of transportation of persons. Typical uses include bus stations and train depots.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

This chapter provides regulations applicable to primary uses in the residential zoning districts established by Section 17.10.010 (Zoning Districts Established). The residential zoning districts are as follows:

A.

Rural Residential (RR). The rural residential (RR) category is intended to accommodate large estate residential properties at the periphery of Portola.

B.

Low Density Residential (LDR). The low density residential (LDR) category is intended to provide single-family lots and related uses similar to those currently found at the periphery of Portola.

C.

Medium Density Residential (MDR). The medium density residential (MDR) category is intended primarily for single-family detached dwellings on individual lots, although this density range will also accommodate duplex and attached dwellings, including apartments and condominiums.

D.

High Density Residential (HDR). The high density residential (HDR) category is intended to provide for attached or multi-family dwelling units.

Primary uses are permitted in residential zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

RESIDENTIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.70 for accessory dwelling unit regulations.

(2)

See Chapter 17.48, Community Care Facility, Large

(3)

See Chapter 17.51, Short-Term Rentals

(4)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 350, § 1, 5-9-2018; Ord. 293 § 1 (Exh. A), 2002; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, and to any other applicable requirements of this title:

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

B.

Clear Vision Triangle, Residential. A clear vision triangle is intended to provide clear vision for vehicular and pedestrian traffic. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the top of the existing roadway shall be erected, placed, planted, or allowed to grow within a residential clear vision triangle (see definition).

The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this section becomes effective; and official warning signs or signals.

C.

Manufactured Homes. Manufactured homes are permitted in residential zones provided they meet the following architectural standards:

1.

The manufactured home shall be covered with exterior material customarily used on conventional dwellings within the subdivision. The exterior covering material shall extend to the ground as close to grade as allowed by the manufacturer's recommendation;

2.

The manufactured home shall have a minimum of sixteen-inch roof overhangs and roofing material on the manufactured home shall be compatible with other dwellings existing in the area and shall consist of materials customarily used on conventional dwellings. The roof shall have a minimum two and a half in twelve pitch.

3.

All mobile and manufactured homes erected in the City of Portola must be placed on a foundation approved by the city building inspector, as provided in Chapter 15.20 of the Portola Municipal Code.

D.

Residential Subdivisions. A design review permit (DRP) for residential subdivisions shall be obtained if the project development involves more than four units. The DRP shall be obtained concurrently with, or following the processing of an application for, a tentative residential subdivision map. The approving authority for a design review permit is the planning commission. Issuance of the DRP indicates that the planning commission has reviewed and approved all aspects of the design of the subdivision, including but not limited to, parking, streets, landscaping, lighting, and home design.

E.

Emergency Shelter Standards and Definition. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing regulations for the establishment and ongoing operation of emergency shelters. An emergency shelter is defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person in compliance with this chapter. No individual or household may be denied emergency shelter because of inability to pay.

1.

Development Standards. Prior to commencing operations the emergency shelter shall meet the following:

a.

No emergency shelter shall be located within three hundred feet of any other emergency shelter.

b.

An emergency shelter shall not exceed twelve occupants, including staff.

c.

Any residents stay shall not exceed six consecutive months.

d.

Every emergency shelter shall comply with all development standards of the zoning district in which it is located except as modified by these standards.

e.

Every emergency shelter shall provide off-street parking in accordance with Chapter 17.40.

f.

There shall be an adequate waiting area inside the building so that prospective and current residents are not required to wait on the sidewalk or in a public right-of-way.

g.

Security shall be provided on-site during hours of operation.

h.

On-site management shall be present at all times while residents are present at the shelter.

i.

Emergency Shelters shall comply with all sections of Title 15, Building and Construction.

2.

Prior to the issuance of a building permit, the emergency shelter shall provide in writing a written management plan, outlining compliance with the above (at a minimum).

3.

A business license is required to operate an emergency shelter. Prior to the issuance of a business license, the emergency shelter shall provide a management plan, outlining compliance with the above (at a minimum).

4.

A business license shall only be issued to an individual operator and not to the emergency shelter in general. Each new operator shall comply with the above standards.

F.

Transitional Housing Standards and Definition. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing regulations and operation of transitional housing. Transitional housing is defined as a building configured as rental housing, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point of time, which shall be no less than six months. The housing may be single-family or multi-family.

1.

Transitional housing shall comply with all development standards of the zoning district in which it is located except as modified by these standards.

2.

Transitional housing shall comply with all sections of Title 15, Building and Construction.

3.

Transitional housing shall be identified to the city upon operations, and/or building of a new transitional housing unit.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 350, § 1, 5-9-2018; Ord. 304 § 1, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)

This chapter provides regulations applicable to primary uses in the commercial zoning districts established by Section 17.10.010 (Zoning districts established). The commercial zoning districts are as follows:

A.

Core Commercial. The core commercial (CC) designation is intended to accommodate the businesses, institutions, and services for the residents of Portola and eastern Plumas County. It also includes the retail and service businesses oriented to tourists and travelers. The category includes retail stores, eating and drinking establishments, commercial recreation, service stations, financial, business and personal services, motels, public recreation, and social services.

B.

Commercial Mixed Use. The commercial mixed use (CMU) designation is intended to establish locations that include residential use in addition to employment centers, retail commercial, professional office, tourist commercial, visitor-oriented commercial activities, including hotels and motels, private commercial and recreation facilities, convention and meeting facilities, recreational vehicle parks, campgrounds, retail shops, restaurants, and related services.

C.

Service Commercial. The service commercial (SC) designation is intended for commercial uses that have heavy truck traffic, are engaged in the sale of bulk products, such as sand and gravel, or automobile repair and tire sales. The service commercial uses typically require large retail space, large storage areas, and large parking areas.

(Ord. 289 § 2 (Exh. A (part), 2002))

Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P"; and

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

COMMERCIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.70 for accessory dwelling unit regulations

(2)

See Chapter 17.48, Community Care Facility, Large

(3)

See Chapter 17.51, Short-Term Rentals

(4)

See Chapter 17.49 for additional regulations

(5)

See Chapter 17.50, Open Air Vending

(6)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

General. Permitted uses and structures shall comply with applicable precise plans, the following development standards, and any other applicable requirements of this title.

COMMERCIAL ZONE GENERAL DEVELOPMENT STANDARDS

Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

B.

Clear Vision Triangle, Nonresidential. A clear vision triangle is intended to provide clear vision for vehicular and pedestrian traffic. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the top of the existing roadway shall be erected, placed, planted, or allowed to grow within a commercial clear vision triangle (see definition).

The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this section becomes effective; and official warning signs or signals.

(Ord. No. 352, § 1, 11-28-2018; Ord. 304 § 2, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)

This chapter provides regulations applicable to primary uses in the industrial zoning districts established by Section 17.10.010 (Zoning districts established). The industrial districts are as follows:

A.

Business Professional/Light Industrial. The business professional/light industrial (BP/LI) category is intended to accommodate light industrial, light assembly regional services, public and private commercial recreation, small warehouse and distribution, communications and information services, mail order services, and research and development businesses appropriate to the city's setting.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Primary uses are permitted in industrial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

INDUSTRIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.51, Short-Term Rental

(2)

See Chapter 17.50, Open Air Vending

(3)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

General. Permitted uses and structures shall comply with applicable precise plans, and any other applicable requirements of this title.

INDUSTRIAL ZONE GENERAL DEVELOPMENT STANDARDS

;sz=9;Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

This chapter provides regulations applicable to primary uses in the civic and resource protection zoning districts established by Section 17.10.010 (Zoning districts established). The civic and resource protection districts are as follows:

A.

Utilities (U). The utilities (U) designation includes the infrastructure in the community, such as the landfill, wastewater treatment plant and ponds, and the railroad. Development in these areas is generally restricted to the facilities associated with the primary utility.

B.

Public/Quasi-Public (P/QP). The public/quasi-public (P/QP) designation includes civic and institutional uses such as city hall, the library, the hospital, the post office, parks and schools. Private institutional uses include meeting halls, private schools, and churches.

C.

Parks. The parks (PR) designation includes parkland intended to provide recreation amenities for Portola residents and to provide space for public gatherings that may attract visitors to the community.

D.

Open Space/Conservation (OSC). The open space/conservation (OSC) designation covers those areas of the city in which development is constrained by a historic, cultural, aesthetic, or natural environmental conditions. These areas include drainages and the riverfront area.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Primary uses are permitted in civic and resource protection zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P"; and

B.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

CIVIC AND RESOURCE PROTECTION ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.51, Short-Term Rentals

(2)

See Chapter 17.50, Open Air Vending

(3)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

General. Permitted uses and structures shall comply with applicable precise plans, and any other applicable requirements of this title.

B.

Single-Family/Caretaker. Development standards will be determined as part of a conditional use permit.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The overlay and special purpose zone districts established by this title provide guidance for development and new land uses in addition to the standards and regulations of the applicable zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described in subsection B of this section by provisions designed to:

1.

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause increases in flood heights or velocities;

2.

Require that uses vulnerable to floods, including public facilities that serve such uses, be protected against flood damage at the time of initial construction;

3.

Protect individuals from buying lands that are unsuited for intended purposes because of flood hazard;

4.

Avoid unnecessary expenditures of public funds to remedy flood hazards resulting from imprudent uses of lands vulnerable to floods;

5.

Maintain and preserve the existing stream channels and stream vegetation in as nearly natural condition as possible in order to preserve wildlife and fish habitat as well as to avoid the expenditure of public funds to remedy or avoid flood hazards, unnatural watercourse diversion, erosion, or situations caused by piecemeal alterations of natural watercourses and flood carrying areas, while balancing this need against the need to reduce the physical area of the floodplain; and

6.

Have individual property owners assume responsibility for their actions.

B.

Findings of Fact.

1.

The areas of special flood hazard of the City of Portola are subject to periodic inundation which results in property, health, and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard that increase flood heights and velocities, and, when structures are inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss.

2.

Regulation of areas of special flood hazard is necessary because of the compelling need to insure safety and the availability of flood insurance to the residents of the City of Portola, in that the government of the United States, through the Federal Emergency Management Agency (FEMA) and the Federal Insurance Agency (FIA), requires that these regulations be adopted before flood insurance can be obtained by residents.

C.

Definitions.

1.

Area of special flood hazard. Land subject to a one percent or greater chance of flooding in any given year.

2.

Base flood. The flood level having a one percent chance of being equaled or exceeded in any given year.

3.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land area lying outside normal stream channel as result of one or more of the following occurrences or conditions - the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

4.

Flood insurance. The insurance coverage provided under the National Flood Insurance Program.

5.

Flood insurance rate map (FIRM). An official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones, on file in the office of the building inspector.

6.

Flood, one hundred-year. A flood estimated to occur at an average of once in one hundred years (one percent frequency of occurrence), determined from an analysis of historical flood and rainfall records and computed in accordance with accepted methodology to the satisfaction of the Building Inspector and established by the FIRM.

7.

Floodplain. The floodplain refers to those shown in those certain aerial photographic maps and designated as "Official Floodplain Maps" of the City of Portola, kept and maintained in the office of the building inspector as provided by FEMA.

8.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.

9.

Freeboard. The vertical height distance between the water surface elevation of the one hundred-year flood and typically the lowest habitable floor of a building or accessory structure. Freeboard represents a safety factor for flood protection and, as such, is also used in the design of levees and altered stream channels.

10.

Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. An unfurnished or flood resistant enclosure, usable solely for vehicular parking, building access, or storage, in an area other than a basement area, is not considered a structure's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of any applicable non-elevation design requirements of this title.

11.

Regulatory floodway. The channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The regulatory floodway is delineated on the FIRM.

D.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 2005, and all subsequent amendments and/or revisions, are adopted by reference and declared to be part of this section. The FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the city council by the floodplain administrator. The study and FIRMs are on file at 35 Third Avenue, P.O. Box 1225, Portola, CA 96122.

E.

Applicability of Standards. In any district with which is combined a floodplain (FP) district, the regulations of this section shall apply in addition to those specified elsewhere in this title for such districts. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern, and all uses that are not permitted uses or permissible as flood encroachment uses within the floodplain (FP) districts are prohibited.

F.

Floodplain (FP) Permitted Uses. The following uses, having a low flood damage potential and not obstructing flood flows, are permitted within the floodplain (FP) district. Provided, however, that no such use shall include structures, fill, or storage of materials or equipment. And further provided, however, that no such use shall adversely affect the capacity of the channels or floodways, or of any tributary to the main stream, drainage ditch, or any other drainage facility or system, nor shall any use increase the water surface elevation of the base flood:

1.

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting;

2.

Accessory industrial-commercial uses such as loading areas, parking areas, airport landing strips;

3.

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, park, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails;

4.

Accessory residential uses such as lawns, gardens, parking areas and play areas.

G.

Flood Encroachment Uses. The following uses, which may involve structures (temporary or permanent), fill, or storage of materials or equipment, may be permitted within the floodplain (FP) district only upon the issuance of a flood encroachment permit:

1.

Uses or structures accessory to uses permitted by Article II (zoning districts and allowable land uses), but not including any structure designed or used for human residence;

2.

Circuses, carnivals, and similar temporary or transient amusement enterprises;

3.

Drive-in theaters, new and used car lots, temporary roadside stands, and freestanding signs or billboards (where permitted by the sign ordinance of the City of Portola, Portola Municipal Code Title 17.);

4.

Extraction of sand, gravel, and other materials;

5.

Marinas, boat rentals, docks, piers, and wharves;

6.

Railroad, streets, bridges, utility transmission lines, and pipelines;

7.

Storage yards for readily transportable equipment, machinery, or materials;

8.

Kennels and stables;

9.

Other similar uses of a primarily open space nature.

H.

Floodplain (FP) District Permitted Uses. The following uses are permitted within the floodplain (FP) district:

1.

Any use permitted in subsection F and G;

2.

Structures, including residential structures and mobile homes.

I.

Standards for Floodplain Use. The following standards shall govern use of land zoned for floodplain (FP) use:

1.

General standards. All uses shall comply with the provisions of this subsection. No structure (temporary or permanent), fill (including fill for roads and levees), obstruction, excavation, storage of materials or equipment, or other use is allowed which, acting alone or in combination with existing or future uses: adversely affects the capacity of the regulatory floodway or of areas where base flood elevations have been determined, but floodways have not been determined; increases peak flow; adversely affects the stream channel; increases flood heights; or is likely to have an adverse effect on a proposed use. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides along the stream. All uses shall:

a.

Be consistent with the need to minimize flood damage;

b.

Be located and constructed to minimize flood damage;

c.

Provide adequate drainage to reduce flood hazards.

2.

Fill or excavation standards. Uses involving any grading, fill, or excavations shall comply with the following standards, in addition to those in subsection G.

a.

Any fill proposed to be deposited in the regulatory floodway must be shown to have some beneficial purpose, and the amount of fill shall not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials or excavations.

b.

Such fill or other materials or area of excavation shall be protected against erosion by rip-rap, vegetative cover, or bulkheading.

3.

Standards for structures. All uses involving any structures, whether temporary or permanent, shall comply with the following standards, in addition to those contained in subsection G above.

a.

Structures designed or used for human residence are not permitted in the floodplain (FP) zone.

b.

Structures shall have a low flood damage potential.

c.

Structures shall be constructed and placed on the building site so as to not obstruct the flow of floodwaters.

i.

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of floodflow;

ii.

Structures shall be firmly anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

d.

Service or utility facilities, such as electrical and heating equipment, shall be constructed at least one foot above the base flood elevation or shall be floodproofed.

e.

In all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

f.

Structures, including residential structures, which are constructed on fill shall be elevated so that the lowest floor is at least one foot above the base flood elevation. Nonresidential structures may be floodproofed in compliance with subsection e above in lieu of elevation.

g.

All structures shall be certified upon completion in the "as built" condition by a licensed land surveyor or a registered civil engineer permitted to practice land surveying that the elevation of the lowest floors, including any basement, are at least one foot above the base flood elevation, or have been floodproofed in compliance with subsection E above. Provided, that minor additions to existing single family residences may be constructed at the same level as the existing house.

h.

Mobile homes shall be elevated above the base flood as provided in subsection f above and shall additionally be anchored as provided in subsection c. All mobile homes erected in the City of Portola must be placed on a foundation, as approved by the city building Inspector and required in the Chapter 15.20 of this code.

i.

All construction shall be with materials resistant to flood damage.

4.

Storage of material or equipment. All uses involving the storage of materials or equipment shall comply with the following standards, in addition to those in subsection I.

a.

The storage or processing of materials that are buoyant, flammable, toxic, explosive, or could be injurious to human, animal, or plant life, in time of flooding, is prohibited.

b.

Storage of other material or equipment may be allowed if it is not subject to major damage by floods and is readily removable from the area within the time available after flood warning.

c.

All materials or equipment shall be kept anchored or otherwise restrained to prevent them from being carried downstream by floodwaters.

d.

This subsection shall not apply to ordinary household/residential items in amounts normally kept in residences.

5.

Procedure. Except for those matters required to be accomplished after construction, the project proponent shall demonstrate compliance with the requirements of this section either at the hearing of the approving authority for those projects requiring a flood encroachment permit, or prior to issuance of any building, grading, or occupancy permit for projects not requiring a flood encroachment permit.

J.

Criteria for Development Approval. In passing upon such applications for flood encroachment permits, the approving authority shall consider all relevant factors specified in this section and:

1.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

2.

The danger that materials may be swept onto other lands or downstream to the injury of others.

3.

The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.

5.

The importance of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location.

7.

The availability of alternative locations not subject to flooding for the proposed use.

8.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9.

The compatibility of the proposed use to the general plan and floodplain management program for the area.

10.

The safety and availability of access to the property in times of flood for ordinary and emergency vehicles.

11.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

12.

The compatibility of the proposed use with preservation of valuable fish and wildlife habitat.

13.

Such other factors which are relevant to the purposes of this section.

K.

Conditions Attached to Flood Encroachment Permits. Upon consideration of the factors listed in subsection J above and the purposes of this section, the approving authority may attach such conditions to the granting of flood encroachment permits as it deems necessary to further the purposes of this section. Among such conditions, without limitation because of specific enumeration, may be included:

1.

Modification of waste disposal and water supply facilities.

2.

Limitations on periods of use and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

Requirements for construction of channel modifications, dikes, levees, and other protective measures.

5.

Floodproofing measures shall be designed consistent with the base flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The review body shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the base flood protection elevation and associated flood factors for the particular area. The following floodproofing measures, without limitation because of specific enumeration, may be required:

a.

Anchorage to resist flotation and lateral movement. In the case of mobile homes or additions to mobile homes, the anchoring shall be by one of the following methods, and shall be certified to in the "as built" condition by a registered professional engineer:

i.

An anchoring system designed to withstand at a minimum, horizontal forces of fifteen pounds per square foot and uplift forces of nine pounds per square foot; or

ii.

By anchoring the unit's system in compliance with the department of housing and development mobile home construction and safety standards and FEMA manual No. 85, "Manufactured Home Installation in Flood Hazard Areas" (Sept. 1985).

b.

Installation of watertight doors, bulkheads, and shutters or similar methods of construction.

c.

Reinforcement of walls to resist water pressures.

d.

Use of paints, membranes or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight to structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

g.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

h.

Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

i.

Construction to resist rupture or collapse caused by water pressure to floating debris.

j.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

k.

Location of all water supply systems, sanitary sewer systems, on-site waste disposal systems, electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding or infiltration of floodwaters and to provide protection from contamination or inundation by the base flood.

l.

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic material which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the base flood protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

L.

Records. The building inspector shall maintain records of certifications of floor elevations, floodproofing and encroachments as required by law.

M.

Maintenance of Pre-existing Uses. Nothing in this section shall be construed to prohibit the normal, ordinary, or necessary maintenance or repair of a pre-existing, nonconforming use or structure in accordance with Chapter 17.37 of this title. It is the intent of this section that current lawful uses of floodprone lands shall be grandfathered and permitted.

N.

Violation. It is unlawful for any person to maintain, use, grade, or fill any property zoned Floodplain (FP) in violation of this section, or to violate any condition of a flood encroachment permit granted pursuant to this section, or to violate any other provision of this chapter.

O.

Conflict. Where the provisions of this section conflict with another section of this code, the more restrictive language shall govern.

(Ord. 309 § 2, 2005; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for the specific creation of an "old town" overlay in the City of Portola. This designation will allow specific parcels to modify a parking requirement based on Section 17.40.030(D). The creation of an old town overlay will allow the city to target parcels the owners of which may be interested in design standards and parking specific to the old town area.

B.

Findings of Fact.

1.

There are development conditions specific to the parcels located in the old town overlay area that call for specific regulation. These conditions include narrow lots that are not conducive to the provision of off-street parking, narrow streets developed prior to common use of the automobile, and structures of historical importance to the city.

C.

Establishment of Old Town Overlay District. The old town overlay District shall constitute that portion of the city identified on the official zoning map as the old town overlay and depicted on the official zoning map in the office of the city clerk.

D.

Applicability of Standards. In any district with which is a combined old town (OT) overlay, the standards of the underlying zoning designation shall apply. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern.

E.

Old Town (OT) Permitted Uses. The uses described in the underlying zoning designation shall apply.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for the specific creation of a "downtown core" overlay in the City of Portola. The downtown core designation is intended to provide for parcels located along Highway 70 in the City of Portola. This designation will allow specific parcels to modify a parking requirement based on Section 17.40.030(D). The creation of a downtown core overlay will allow the city to target parcels the owners of which may be interested in design standards and parking specific to the downtown core area.

B.

Findings of Fact.

1.

There are development conditions specific to the parcels located in the downtown core overlay area that call for specific regulation. These conditions include narrow lots that are not conducive to the provision of off-street parking and structures of historical importance to the city.

C.

Establishment of the Downtown Core Overlay District. The downtown core overlay district shall constitute that portion of the city identified on the official zoning map as the downtown core overlay and depicted on the official zoning map in the office of the city clerk.

D.

Applicability of Standards. In any district with which is a combined downtown core (DC) overlay, the standards of the underlying zoning designation shall apply. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern.

E.

Downtown Core (DC) Permitted Uses. The uses described in the underlying zoning designation shall apply.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of the landfill overlay to control operation of landfill operations so that they will not create a health or safety hazard nor cause hardship to adjacent property owners.

B.

Findings of Fact.

1.

There are conditions specific to landfill areas that call for specific regulation. These conditions include noise, litter, and erosion.

C.

Establishment of Landfill Overlay District: The landfill overlay district shall constitute that portion of the city identified on the official zoning map as the landfill overlay and depicted on the official zoning map in the office of the city clerk.

D.

Landfill (LF) Permitted Uses. The following uses are permitted within the landfill (LF) overlay:

1.

Operation of a Class II sanitary landfill is allowed, conditioned upon assurances of the following:

a.

Hours of operation; daily, regular business hours with no operation between seven p.m. and seven-thirty a.m.;

b.

Working face shall be confined to one area to reduce dust;

c.

Working face cover shall be adequate to reduce spread of disease and litter;

d.

An erosion control plan shall be prepared to control runoff and erosion.

E.

Landfill (LF) Future Uses. Upon closing of any landfill, the site shall be adequately covered, compacted, and revegetated. Uses then allowed may include those not sensitive to potential gas migration, including agriculture, forestry, open space/conservation, recreation, and storage facilities.

F.

Future Prohibited Landfill (LF) Uses. Upon closing of any landfill, no human habitation uses are allowed.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for a combined land use district known as the precise plan overlay. The precise plan overlay regulations consist of those regulations set forth in this chapter together with the specific regulation in the district(s) or zone(s) which is (are) combined with the precise plan overlay.

Proceedings to establish a precise plan may be initiated by the planning commission, city council, or a property owner, pursuant to Section 17.97.

The purpose of the precise plan overlay is to assure that yards, open space, structures, parking, loading facilities, landscaping, streets, and similar uses and development of land within the district will be located in accordance with an approved precise plan providing for compatible developments with the district and a compatible relationship with development in adjoining districts.

B.

Establishment of the Precise Plan (PP) Overlay District. Upon approval of a precise plan, that designation will be depicted as a precise plan (PP) overlay on the official zoning map in the office of the city clerk.

C.

Precise Plan. At the time of the application for rezoning, the applicant shall file eight copies of the proposed precise plan, drawn to scale and prepared by a licensed architect, landscape architect, civil engineer, land surveyor, or other qualified land use planner, which proposed precise plan shall precisely indicate:

1.

Parcel dimensions in distances and bearings;

2.

All existing and proposed buildings and structures-locations;

3.

Yards and open spaces between buildings;

4.

Enclosures, walls, fences including, location, heights, and materials;

5.

Off-street parking, including location number of spaces, dimensions of parking areas, and internal circulation patterns;

6.

Access, including pedestrian, vehicular, service; points of ingress and egress, internal circulation, design, and improvements;

7.

Signs, including location, size and height, types of materials, test, and lighting;

8.

Loading, including location, dimensions, number of spaces and internal circulation;

9.

Open storage areas, including location and use;

10.

Landscaping, including location of all existing trees twenty feet or higher, proposed landscaping plan indicating location and type of trees, shrubs, and groundcovers;

11.

Lighting, including location and general nature;

12.

Street dedications and improvements;

13.

Such other data as may be required under the circumstances of each application to permit the planning commission to properly consider the application.

D.

Precise Plan (PP) Permitted Uses. The uses permitted in the precise plan overlay are the uses authorized in the district(s) or zone(s) which are combined with the precise plan. If the proposed use requires the issuance of a land use permit, the approval of a precise plan is deemed approval of the land use permit.

E.

Yard Requirements. The front, rear, and side yard requirements in the precise plan overlay are those front, rear, and side yard requirements which are shown upon the approved precise plan.

F.

Lot Requirements. The area, width, and depth of the lot and percentage of lot coverage in a precise plan overlay are the area, width, and depth requirements established for the land use district(s) or zones(s) which is (are) combined with the precise plan overlay unless variation is necessary due to the peculiarities of the area.

G.

Building Height. The height limit in the precise plan overlay is the height limit established for the land use district(s) or zone(s) which is (are) combined with the precise plan overlay unless a variation is appropriate due to the peculiarities of the area.

(Ord. 289 § 2 (Exh. A (part)), 2002)