Code reviser’s note: Urgency Ordinance 25-2019 added provisions concerning tenant protection to be in effect prior to the California Tenant Protection Act of 2019 becoming effective January 1, 2020. Ordinance 25-2019 became effective November 18, 2019 and expired December 31, 2019.

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.

B. Applicability. The regulations and standards contained in this chapter shall apply only to caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.010)].

A. Purpose and Applicability. The regulations contained in this section shall apply to caretaker housing as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new caretaker housing shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as with other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.

B. Associated Use. One caretaker housing unit may be permitted in conjunction with an otherwise permitted nonresidential use on the same property. The caretaker unit must be associated with and directly support the nonresidential use of the property (e.g., night watchman or site superintendent for an industrial use).

C. Occupancy. Occupancy of the caretaker unit shall be limited to the caretaker or superintendent of the associated nonresidential use of the site and his or her household.

D. Design. The design of the caretaker unit shall be consistent and uniform with the design of the associated use. Temporary trailers as caretaker units may be permitted with issuance of a temporary use permit (see Chapter 23.116 RCMC, Temporary Use Permits) for a period of not more than six months as described in Chapter 23.922 RCMC (Temporary Uses). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.020)].

A. Purpose and Applicability. The regulations contained in this section shall apply to home occupations to ensure the compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.

B. Approval Process. A home occupation shall not be conducted prior to approval of zoning certification (see Chapter 23.113 RCMC, Zoning Certification).

C. Business License. A business license from the city is required for any home occupation.

D. Performance Standards. It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the zoning clearance. Failure to comply with these standards will result in revocation of the home occupation permit and/or business license.

1. Number of Home Occupations. There is no limit on the number of home occupations at a residence; provided, that the performance standards identified in this section are met. All of the following standards are calculated and/or applied based on a single residence.

2. Employees. Off-site employees or partners are permitted as part of the home occupation so long as they do not report for work at the subject property.

3. Habitable Floor Area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

4. Off-Site Effects. There shall be no mechanical equipment or operation used which creates or makes dust, odor, vibration, or other effects detectable at the property line. Noise level at the property line shall not exceed 55 dBA and shall comply with the city’s noise ordinance (Chapter 6.68 RCMC). No process shall be used which is hazardous to public health, safety, morals, or welfare.

5. On-Site Sales. There shall be no products sold on the premises except artist’s originals or products individually made to order on the premises except as provided by the California Health and Safety Code for cottage food operators and except as specified in subsection (D)(6) of this section.

6. Products which are not artist’s originals or individually made to order may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

7. Servicing and repair of firearms are permitted, subject to obtaining any state or federal license.

8. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.

9. Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet.

10. Storage. There shall be no storage of material or supplies within view of a public right-of-way and storage shall not utilize a required parking space (e.g., within a required garage).

11. Exterior Appearance. There shall be no remodeling or construction of facilities especially for the home occupation which changes the external appearance of the neighborhood from a residential to a more commercial look when viewed from the front of the building.

12. Signs. Signs shall be allowed for the home occupation in accordance with Chapter 23.743 RCMC (Signs).

13. Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor an hour and eight a day, during the hours of 8:00 a.m. to 7:00 p.m. (regardless of how many businesses operate out of the home).

14. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx-, UPS-, or USPS-type home pickups and deliveries.

15. Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning, etc.) are not permitted as home occupations.

E. Limitations on Specific Home-Based Businesses.

1. Certified massage practitioners are permitted if the following criteria are met:

a. Only one client is on site at a time and by appointment only.

b. The use shall be conducted on a part-time basis.

c. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Post Secondary Education).

d. The use will not be conducted in such a fashion as to constitute a public or a private nuisance.

2. Mobile food vendor vehicles cannot be parked at a private residence (see mobile food vendor limitation in RCMC 23.910.040).

3. Taxicab, limousine, or pedicab service shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service.

4. Cottage food operations, as defined by and consistent with the requirements of the California Health and Safety Code, are limited to one full-time employee, not including a family member or household member of the cottage food operation.

F. Prohibited Home Occupations.

1. Alcohol beverage manufacturing or sales business;

2. Ambulance service;

3. Ammunition reloading, including custom reloading;

4. Boarding house, bed-and-breakfast hotel, timeshare condominium;

5. Carpentry, cabinet makers;

6. Ceramics (kiln of six cubic feet or more);

7. Firearms sales;

8. Health salons, gyms, dance studios, aerobic exercise studios;

9. Medical, dental, chiropractic, or veterinary clinics;

10. Mortician, hearse service;

11. Noncertified massage practitioners;

12. Palm reading, fortunetelling;

13. Private clubs;

14. Repair or reconditioning of boats or recreation vehicles;

15. Restaurants or taverns;

16. Retail sales from site (except direct distribution of artist’s originals, and as provided by the California Health and Safety Code for cottage food operations);

17. Storage, repair, or reconditioning of major household appliances;

18. Storage, repair, or reconditioning of motorized vehicles or large equipment on site;

19. Tattoo service;

20. Tow truck service;

21. Veterinary uses (including boarding);

22. Welding services;

23. Other uses the director determines to be similar to those above per RCMC 23.107.030 (Official interpretation). [Ord. 1-2022 § 3 (Exh. A); Ord. 11-2020 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.030)].

A. Purpose and Applicability. The regulations contained in this section shall apply to live-work facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new live-work facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.

B. Limitations on Use. The nonresidential component of a live-work facility shall be a use allowed within the applicable base zoning district; however, the uses and activities described below shall be prohibited:

1. Any automobile and vehicle uses as listed in RCMC 23.1104.040 (Land use definitions).

2. Any special regulated uses as listed in RCMC 23.1104.040 (Land use definitions).

3. Any activity which involves:

a. Storage of flammable liquids or hazardous materials beyond those normally associated with a residential use;

b. Welding, machining, or any open flame work; and/or

c. Major manufacturing as defined in RCMC 23.1104.040 (Land use definitions).

4. Any other activity or use as determined by the director as incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.

C. Density. Live-work units shall comply with the density regulations of the applicable base zoning district.

D. Design Standards.

1. Floor Area Requirements. No more than 50 percent of the ground floor area shall be reserved for living space. Up to 100 percent of the ground floor area may be dedicated to working space.

2. Separation and Access. Each live-work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls, and the access to each unit shall be clearly separate from other live-work facilities or other uses within the same structure.

3. Facilities to Accommodate Commercial or Industrial Activities. A live-work facility shall be designed to accommodate commercial or industrial uses, as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

4. Integration of Living and Working Space. The living space within the live-work facility shall be designed as an integral part of the unit and not with separate access from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

5. Parking. Each live-work facility shall comply with the parking standards of Chapter 23.719 RCMC (Parking and Loading).

E. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit at any one time. Additional employment may be permitted through issuance of a limited use permit based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site.

F. Changes in Use. After approval, a live-work facility shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through administrative use permit approval. As part of the approval of the administrative use permit, the designated approval authority must find that the exclusive residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.040)].

A. Purpose and Applicability. This section applies to new and existing mobile homes and mobile home parks within the city. The purpose of this chapter is to establish standards for the development, modification, and operation of mobile home parks.

B. Special Standards for Mobile Homes. Mobile homes outside of a mobile home park shall comply with the standards set forth for single-family homes in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), as well as the following criteria:

1. A mobile home must be built on a permanent foundation as approved by the building department.

2. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974.

3. The unit’s skirting must extend to the finished grade.

4. Exterior siding must be compatible with adjacent residential structures, and shiny and metallic finishes are prohibited.

C. Mobile Home Parks. Mobile home parks must be constructed and designed according to state law.

D. Management and Maintenance. Every mobile home park community shall be properly managed to ensure maintenance of common facilities and to ensure individual home sites are developed and maintained in accordance with recorded rules and regulations for the park. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.050)].

A. Purpose and Intent. This section establishes regulations and a ministerial review process for accessory dwelling units. Accessory dwelling units are intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the architectural character of the area.

B. Applicability. This section applies to all accessory dwelling units, including junior accessory dwelling units, as defined.

C. Where Permitted. Accessory dwelling units are permitted by right in any zoning district which permits single-family or multifamily homes.

D. Relationship to General Plan and Zoning.

1. Any accessory dwelling unit which conforms with the requirements of this chapter shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning.

2. Accessory dwelling units shall not be counted when determining residential density for conformance with General Plan or zoning.

E. Permits and Approval.

1. Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section.

2. Building Permit. All accessory dwelling units or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other separate planning-related permit is required.

3. Issuance of Permit. The city shall issue a building permit for an accessory dwelling unit within 60 calendar days from the date on which the city received a completed submittal package application, unless either:

a. The applicant requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or

b. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-family or new multifamily dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-family or new multifamily dwelling on the parcel.

F. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be constructed on the same parcel as the single-family or multifamily dwelling unit that is the primary dwelling unit or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. This definition shall be interpreted as consistent with and including the definition of “accessory dwelling unit” found in Government Code Section 66313.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel. This definition shall be interpreted as consistent with and including the definition of “accessory structure” found in Government Code Section 66313.

3. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.

4. “Efficiency kitchen” means a cooking facility that includes all of the following:

a. A cooking facility with appliances.

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

5. Efficiency Unit. As defined in Section 17958.1 of the Health and Safety Code.

6. Junior Accessory Dwelling Unit or JADU. A “junior accessory dwelling unit” means a unit that is contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. This definition shall be interpreted as consistent with and including the definition of “junior accessory dwelling unit” found in Government Code Section 66313.

7. “Living area” means the interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure. This definition shall be interpreted as consistent with and including the definition of “living area” found in Government Code Section 66313.

8. “Passageway” means a pathway that is unobstructed, clear to the sky and extends from a street or alley to one entrance of the accessory dwelling unit. This definition shall be interpreted as consistent with and including the definition of “passageway” found in Government Code Section 66313.

9. “Primary dwelling” means an existing or proposed residential structure on a lot with an accessory dwelling unit.

10. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. Single-Unit and Multi-Unit. “Single-unit” means the same as a single-family dwelling and “multi-unit” means multifamily dwellings with two or more units.

12. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.

G. Types of Accessory Dwelling Units. The following are the types of accessory dwelling units:

1. Accessory dwelling unit, attached and detached, as defined below.

a. Attached. An accessory dwelling unit that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling, including attached garages, storage areas or similar uses, or within an accessory structure. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.

b. Detached. An accessory dwelling unit that is physically detached or separated from the primary dwelling. “Detached” includes a second-story addition above an existing detached structure. A detached accessory dwelling unit can be new construction or the conversion or expansion of an existing structure.

2. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets specific criteria as specified below.

a. Maximum of 500 square feet in size.

b. Contained entirely within a single-unit primary dwelling.

c. Has a separate entrance from the main entrance to the primary dwelling.

d. Has a bathroom that is either in the junior ADU or in the primary dwelling.

e. Includes an efficiency kitchen.

H. Number of Accessory Dwelling Units or Junior Accessory Dwelling Units per Lot or Parcel in Zones Which Allow Single-Family Homes. The following number of accessory dwelling units apply in all zoning districts that allow single-family homes as a permitted use:

1. One attached or detached accessory dwelling unit shall be allowed on a parcel with a primary dwelling unit.

2. One junior accessory dwelling unit shall be allowed on a parcel with a primary dwelling.

3. Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

I. Type and Number of Accessory Dwelling Units per Lot With an Existing Multifamily Home. The following apply to accessory dwelling units in all zoning districts that allow multifamily homes as a permitted use:

1. Accessory Dwelling Units.

a. At least one ADU or up to 25 percent of the existing multifamily units shall be allowed within an existing multifamily dwelling.

b. Accessory dwelling units in a multifamily development may be created only through the conversion of parts of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

2. Detached Accessory Dwelling Units.

a. Up to two detached accessory dwelling units shall be allowed on a parcel with existing multifamily structures, subject to compliance with the development standards for detached accessory dwelling units in this chapter.

b. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit.

J. Development Standards for Attached and Detached Accessory Dwelling Units. The following standards apply to accessory dwelling units:

1. Attached Accessory Dwelling Units.

a. Location. Attached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling unit and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling unit) on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.

b. Size. The total floor area of an attached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. These limits do not include up to 150 square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the accessory dwelling unit.

c. Setbacks.

i. Front yard setback: per the zoning district standard for the primary dwelling.

ii. Side yard: four feet.

iii. Rear yard: four feet.

iv. No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

d. Height. Twenty-five feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. This height requirement shall not require the city to allow an accessory dwelling unit to exceed two stories.

e. Access. An attached accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

f. Design. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.

g. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

h. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.

i. Landscape. Landscaped areas within setbacks shall meet the requirements of this code.

j. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.

k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude an attached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

2. Detached Accessory Dwelling Unit Development Standards.

a. Location. Detached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.

b. Size. A detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

c. Setbacks.

i. Front yard setback: per the zoning district standard for the primary dwelling.

ii. Side yard: four feet.

iii. Rear yard: four feet.

d. Height. The maximum height of a detached accessory dwelling unit shall be:

i. Sixteen feet for new structures built specifically as an accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit. Existing structures taller than 16 feet can be converted to an accessory dwelling unit consistent with the requirements of this chapter.

ii. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor.

iii. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

e. Design. Detached accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.

f. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

g. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.

h. Landscape. All setback areas shall be landscaped as required by this code.

i. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.

j. Building Separation. An accessory dwelling unit shall comply with the building separation requirements of the underlying zone, but in no case shall said requirement prohibit an accessory dwelling unit that is a minimum of 800 square feet, maximum of 16 feet in height with four-foot side and rear yard setbacks.

k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude a detached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.

3. Junior Accessory Dwelling Unit Development Standards.

a. Location. Shall be located on the same lot or parcel as a primary dwelling unit and be within the walls of the single-family residence, including an attached garage, of the primary dwelling unit by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling unit.

b. Size. Maximum of 500 square feet of living area.

c. Setbacks. If the primary dwelling unit is expanded to create the junior accessory dwelling unit, the addition shall maintain setbacks of four feet from side and rear yards or the same setback as the existing structure, whichever is less. Front setback shall be the same as the existing structure or per the zoning district for the primary structure, whichever is less. Larger setbacks shall apply if required by fire or building codes on a case-by-case basis.

d. Access. A junior accessory dwelling unit shall have a separate entrance separate from the main entrance to the primary dwelling.

e. Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen which must include (i) a cooking facility with appliances and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

f. Utilities.

i. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.

ii. No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.

iii. Any utility charges or fees shall be consistent with state law.

g. Parking. No additional off-street parking is required for the junior accessory dwelling unit.

h. Owner Occupancy and Deed Restriction.

i. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence.

ii. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization.

iii. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney pursuant to Government Code Section 66333.

iv. The deed restriction shall run with the land and shall be enforced against future property owners.

K. Impact Fees.

1. Impact Fee Requirements.

a. No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than 750 square feet in size.

b. For accessory dwelling units 750 square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

c. Impact fees do not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L. Required Parking for Accessory Dwelling Units.

1. Number of Parking Spaces. Parking for accessory dwelling units shall be provided per the following:

a. One off-street parking space, covered or uncovered, is required for each attached and detached accessory dwelling unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

b. Notwithstanding any other section, no off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:

i. The accessory dwelling unit is located within one-half-mile walking distance of public transit, including transit stations and bus stations.

ii. When on-street parking permits are required by the city, but not offered to the occupant of the accessory dwelling unit.

iii. The accessory dwelling unit is part of the proposed or existing primary residence.

iv. The accessory dwelling unit is located within an architecturally and historically significant historic district.

v. When there is a car share vehicle located within one block of the accessory dwelling unit.

vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this chapter.

c. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2. When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit it shall not be required to be replaced.

3. Guest parking spaces shall not be required for accessory dwelling units under any circumstances. [Ord. 8-2024 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.060)].

Repealed by Ord. 1-2022. [Ord. 4-2017 § 3 (Exh. B)].

A. Elevators shall be provided for all multi-story structures; or

B. A management program shall be in place to address the aging in place issue that is acceptable to the director. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.070)].

Repealed by Ord. 1-2020. [Ord. 10-2018 § 3; Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

A. Plans shall be approved by the fire department prior to any approval and additional fire protection measures may be required.

B. City business license is required.

C. Minimum 1,000-foot separation is required between other residential care home facilities. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

A. Applicability. Agricultural employee (farmworker) housing projects that provide housing for at least five farmworkers and are proposed pursuant to Section 17021.6 of the Employee Housing Act are referred to as “EHA projects.” Eligible project types include employer-provided farmworker housing or rural farmworker housing projects, of up to 12 dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a small project that provides housing for at least five farmworkers. EHA projects may be for seasonal or temporary residency. EHA projects shall not include any proposed land division (i.e., parcel map, subdivision map or condominium map) for the purposes of creating a separate parcel for the EHA project or EHA units.

B. Agricultural Employee Project Types. Agricultural employee (farmworker) housing projects provide housing for five or more farmworkers (“EHA projects”). EHA projects include the following project types:

1. Employer-Provided Farmworker Housing Project.

a. Five to 36 beds in group quarters designed for single adult farmworkers; or

b. Five to 12 dwelling units, mobile home/RV spaces, each designed for occupancy by at least one farmworker and his/her household.

2. Small Farmworker Housing Project. One to four dwelling units or mobile homes housing at least five farmworkers and licensed by the enforcement agency.

C. Required Permits and Approvals.

1. Site Development Permit. In the AG Zone districts, EHA projects proposed are considered an agricultural use and require an administrative use permit from the planning department. Conditions of approval may be imposed by the director to ensure compliance with the standards of this section, and the city, and with the Act.

2. Water and Sanitation Permits. EHA projects not connected to community sewer or water shall obtain required city permits for proposed well water and/or septic systems. EHA projects on well water that meet the definition of “public drinking water system” shall comply with State Water Resources Control Board Standards.

3. Building Permits. EHA projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a “trailer park”), HCD is the permitting agency. For EHA projects of five to 12 spaces, mobile homes, or recreational vehicles, the city is the permitting agency.

4. Recorded Covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the city to provide constructive notice of and ensure owner’s compliance with the requirements of this section, the Act, and their license.

5. License. EHA projects shall obtain and maintain a license to operate the proposed farmworker housing from the enforcement agency pursuant to Sections 17030 through 17039 of the Act. The enforcement agency in the city is the planning department. EHA projects are subject to environmental review (“CEQA”). The Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.

D. Development Standards and Criteria.

1. Applicability. EHA projects shall comply with development standards of the zone districts in which they are located, as well as the additional standards and criteria provided below. In the event of any conflict between Chapter 23.307 RCMC and the standards and criteria provided in this section, those in this section shall prevail. EHA projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the General Plan or zoning code.

E. Single-Family Farmworker Housing Projects.

1. Intent. Single-family farmworker housing projects, at the applicant’s option, may be proposed pursuant to Section 17021.5 of the Act, in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to this section. All single-family farmworker housing projects that provide housing for more than five farmworkers shall obtain a license from the enforcement agency pursuant to the Act.

Small farmworker projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not an EHA project and not subject to the Act. Such projects may be approved in agricultural zones with an administrative use permit pursuant to all requirements above, except for the requirement to obtain or maintain a license.

In lieu of a license, such projects shall be subject to annual monitoring by the planning department to verify the owner’s compliance with the recorded farmworker housing covenant and project conditions of approval. If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be noncompliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in city code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to Chapter 23.173 RCMC, possibly including abatement. [Ord. 1-2022 § 3 (Exh. A)].

Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 9 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.

The General Plan housing element identifies the city’s need to provide equal access to housing for people with special needs, including encouraging the development of emergency housing. It is the intent of this chapter to provide for adequate development and operational standards to ensure appropriate housing and services for special needs populations are met. [Ord. 8-2021 § 3 (Exh. A)].

Terms unique to this chapter are listed in RCMC 23.1104.040. [Ord. 8-2021 § 3 (Exh. A)].

Emergency shelter facilities are permitted pursuant to this chapter. Additionally:

A. Emergency shelter facilities shall comply with all federal and California state licensing requirements.

B. Emergency shelter facilities shall comply with all applicable California building and fire codes, including maximum occupancy restrictions. [Ord. 8-2021 § 3 (Exh. A)].

Emergency shelter shall comply with all standards provided by this chapter.

A. Development Standards.

1. Location and Separation. All emergency shelter programs must be situated more than 300 feet from any other emergency shelter or day program serving primarily homeless individuals or households.

2. Physical Characteristics.

a. No more than 75 beds shall be provided in any single emergency shelter, except:

i. In response to a disaster; or

ii. As authorized by a use permit approved by the council.

b. Emergency shelter facilities shall comply with all current provisions of the California building and fire codes, beginning with those listed in Appendix O, Emergency Housing, of the California Building Code.

B. Operational Standards.

1. There shall be space inside the building so that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

2. The emergency shelter shall provide accommodations appropriate for a maximum stay of 180 days per client/family.

3. The emergency shelter shall provide security on site during hours of operation.

4. Emergency shelters shall provide on-site management and support staff at all times during shelter use. The manager’s area shall be located near the entry to the facility.

5. Parking standards: one space per staff and one space per 10 beds. [Ord. 8-2021 § 3 (Exh. A)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for agricultural, resource, and open space land uses and/or activities that are allowed by Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) within individual or multiple zoning districts. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses.

B. Applicability. The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described herein and shall only be authorized in concert with the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Specifically, this chapter covers those uses within the agricultural, resource, and open space land use categories. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.2.010)].

A. Purpose and Applicability. The purpose of this section is to establish development and operating standards for incidental agricultural activities and intensive agricultural activities. The intent of these provisions is to mitigate the potential adverse impacts of these activities on adjacent and surrounding land uses while implementing the city’s right-to-farm ordinance (RCMC Title 14). Uses subject to these standards include:

1. Incidental agricultural uses pertaining to estate uses common in estate residential districts (ER), including row crop cultivation and animal husbandry other than kennels; hog farms; feedlots; equestrian activities that consist of riding stables, boarding stables, and riding academies, whether private or commercial; and the keeping of domestic pets, exotic pets, livestock, and poultry, provided the activity is conducted on a hobby-type basis for personal use or consumption and that such activity is not a primary use of the premises.

2. Intensive agricultural activities pertaining to agricultural uses common in the agricultural zoning districts (AG-80 and AG-20), including the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture; the raising of livestock, fur-bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incidental to or in conjunction with farming operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, as protected in the city’s right-to-farm ordinance (RCMC 14.05.030).

B. Development Standards for Incidental Agricultural Activities. In addition to the development standards of the underlying zoning district, the following special standards apply to all incidental agricultural activities:

1. Yards and Height. All buildings and structures erected or maintained on any lot or parcel for uses set forth in this section shall have yards and height limitations as follows:

a. All barns, stables, and other structures used for the housing of animals on any lot or parcel used as a commercial, public, or private stable or for incidental agricultural uses shall be located not less than 25 feet from all property and street right-of-way lines, except as otherwise herein provided. Said buildings or structures shall not exceed one story, except for a storage loft, nor be greater than 24 feet in height, unless a conditional use permit is first obtained from the council.

2. Building Area. The maximum area of buildings or structures used for incidental agricultural uses shall be limited to 1,000 square feet, unless a conditional use permit is first obtained from the council.

3. Lot Area. The minimum lot area for any lot used for any use set forth in this section, whether such use is a principal use of the property or is incidental to another principal use, shall be the area specified in this code applicable to the zone in which the property is located or the area hereinafter specified, whichever is the greater:

a. For any commercial or public stable, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or three acres, whichever is the greater.

b. For any private stable, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or 20,000 square feet, whichever is the greater.

c. For the keeping of small animals (with a weight of less than 75 pounds at maturity), other than domestic pets as defined in Chapter 23.1104 RCMC, on a noncommercial scale as an incidental use, the minimum lot area shall be the area specified in this code applicable to the zone in which the property is located, or 10,000 square feet, whichever is the greater.

d. For any other incidental agricultural use, the minimum lot area shall be 20,000 square feet.

e. For the incidental keeping of animals on any parcel or lot, a minimum lot area is not required; provided, that:

i. The conditions, standards, and requirements of the Rancho Cordova Municipal Code are met to the satisfaction of the chief of animal control.

ii. All areas devoted to such uses shall comply with the standards adopted by the Department of Public Health relative to noise, dust, odor, and pests, and shall be maintained to the satisfaction of the Director of Public Health.

iii. The keeping of animals on lots smaller than 20,000 square feet, except for the keeping of animals provided for in subsection (B)(3)(c) of this section, shall be conducted in accordance with a development plan and management plan approved by the city council at a public hearing for a conditional use permit.

iv. The provisions of this section shall not apply to public or private stables, or where such animals are kept as a general agricultural use.

4. Riding Stables and Corral Standards. In addition to the requirements set forth in this chapter, riding stables, boarding stables, and riding academies, whether private or commercial, shall not be erected, located, enlarged, or maintained without complying with the following standards:

a. Any corral, riding ring, or exercise yard used for keeping horses shall be enclosed by fence or other enclosure; and no part of any such corral, riding ring, or exercise yard shall be located closer than 20 feet from any door, window, or other opening of any building or structure on the same or any other parcel used or designed to be used for human habitation.

b. All fences which enclose livestock shall be designed, constructed, and maintained as provided in Chapter 23.731 RCMC (Fences, Walls, and Screening).

c. An operator of a commercial or private stable shall not allow dust, odor, or flies to become a public nuisance according to the provisions of the Public Health and Safety Code and at a minimum shall comply with the following:

i. The operator of a stable shall take every reasonable precaution to prevent the breeding of flies or the emission of dust or odors into the neighborhood. Reasonable precautions shall include:

(A) Routine manure and bedding clean-out of stalls and routine cleanup of manure deposited on the property.

(B) Maintaining sufficient natural vegetation.

(C) Watering down the corral area as often as necessary.

(D) Disposal of animal wastes in a manner and location approved by the department of health, such as:

(1) Properly drying or composting, away from neighboring properties;

(2) Burying (two feet minimum); and/or

(3) Removal to approved disposal site.

ii. All areas shall be maintained in a sanitary condition and in compliance with the following standards: water usage and drainage shall not mix with manure accumulations and shall not be disposed of contrary to local and state requirements.

iii. Animal feed shall be stored and utilized in a manner that will not encourage rodent populations.

C. Development Standards for Intensive Agricultural Activities. In addition to the development standards of the underlying zoning district and the right-to-farm ordinance (Chapter 14.05 RCMC, Agricultural Activities) the following special standards apply to all intensive agricultural activities:

1. The right to conduct intensive agriculture shall not invalidate any provisions contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the State of California Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined in any such provisions (RCMC 14.05.050(C)) to the satisfaction of the director.

2. Agricultural operation shall be conducted in a manner consistent with accepted agricultural practices. If residents raise complaints that agricultural activities are not conducted in a reasonable manner or that operations are not conducted according to currently acceptable methods, a complaint may be filed according to the provisions established in the municipal code. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.2.020)].

A. An urban agricultural activity is the production of food in a form and scale that is appropriate for the urban context. Urban agriculture includes market garden, private community garden, public community garden, private garden, and aquaculture. Definitions for these urban agricultural uses are listed in RCMC 23.1104.040 (Land use definitions).

1. Development Standards for Urban Agriculture Activities. An individual wanting to conduct urban agricultural activities on their property must first obtain any necessary permits or approvals from the city acknowledging and agreeing to all applicable development standards below. This includes zoning certification for uses allowed by right in a particular zoning district to ensure compliance with relevant standards.

a. Maintenance.

i. Urban agriculture uses shall be maintained in a clean and orderly manner, including litter removal, irrigation, weeding, pruning, pest control, and removal of dead or diseased plant materials.

b. Equipment.

i. Heavy equipment may be used initially to prepare the land for agriculture use.

ii. Landscaping equipment designed for household use is permitted.

iii. Equipment when not in use must be enclosed or otherwise screened from sight.

c. Structures.

i. On-site urban agricultural stands are allowed up to a maximum 120 square feet in nonresidential and mixed-use districts. Structures shall be set back a minimum of five feet from the public right-of-way and property line.

ii. Structures to support urban agriculture, such as storage sheds, hoophouses, and greenhouses, are permitted, subject to compliance with the regulations of the underlying zone relative to structural setbacks and lot coverage as appropriate.

d. Signage.

i. A maximum of four square feet of signage is allowed but the sign may only be displayed during approved business hours and be located on the same property where produce is being sold. Compliance with Chapter 23.743 RCMC (Signs) is required.

e. Private garden location.

i. Due to concerns with maintenance and visibility, private gardens may not be located within the required front yard area. Private gardens may be located outside of the required front yard setback area and within designated side and rear yard areas.

f. Aquaculture operations.

i. The operation shall be contained entirely within an enclosed structure that meets the requirements of the underlying zoning, or in a yard that is screened from view of adjacent streets by fencing or landscaping.

g. Temporary sales of produce in residential zoning districts.

i. Produce may be sold from a residential garage and/or table located within the front yard setback and a minimum distance of five feet from the public right-of-way.

ii. Any tables, chairs, canopies, umbrellas, or other accessories needed for the sale of on-site produce must be temporary in nature and must be taken down and stored out of public view at the end of each day.

iii. Produce sales are limited to produce grown and processed on site.

iv. Operating hours for urban agriculture sales are limited to 8:00 a.m. to 7:00 p.m. on Tuesdays and Saturdays only.

v. All products for sale must comply with state and federal food and health safety rules and regulations.

vi. Fallow land/areas must comply with city stormwater drainage rules and regulations. [Ord. 4-2017 § 3 (Exh. B)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for utility, transportation, and communication uses, including telecommunication facilities and utility facilities and infrastructure and battery energy storage system (BESS) facilities. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by regulating the size, scale, and location of these uses, as well as requiring additional setbacks, landscaping, and other buffering between the subject use and surrounding property.

B. Applicability. The regulations and standards contained in this chapter shall apply only to telecommunication facilities, BESS facilities, and utility facilities and infrastructure as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) or Chapter 23.1000 RCMC (Special Purpose Zones). [Ord. 8-2023 § 3 (Exh. A); Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.010)].

A. Purpose and Applicability. This section establishes standards for placement of telecommunication facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. The city promotes and protects the public safety and public welfare while protecting the visual character of the city to minimize potential impacts of wireless telecommunication facilities development and installation.

B. A use permit (administrative or conditional as identified in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) is required for the following wireless facilities:

1. Any new telecommunication tower that is not part of a collocation.

2. Any collocation that increases the overall height of an existing tower in order to add antennas.

3. Any building-mounted or roof-mounted antennas that are not screened from view.

4. Any small cell equipment attachments to private poles within the public right-of-way. Small cell equipment attachments on city-owned poles shall apply for a master license agreement and pole license with the public works department.

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

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

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

3. Parabolic antennas, direct broadcast satellite (DBS) antennas and multi-point distribution service (MDS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement, and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.

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

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

b. Location Parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five feet from interior property lines.

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

5. Collocation on an existing telecommunications structure with a valid use permit.

6. Antennas placed on a building or rooftop that is completely screened from view.

D. General Development Standards. Unless otherwise exempt pursuant to subsection (C) of this section (Exemptions), the following general development standards shall apply to all wireless communication facilities:

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

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

3. At least 10 feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.

E. Development Standards for Antennas (Excluding Amateur Radio Antennas). Unless otherwise exempt pursuant to subsection (C) of this section (Exemptions), the following development standards shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:

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

2. Height Limit. The height limit for a ground-mounted antenna is six feet. However, the height may be increased to a maximum of 15 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with subsection (E)(3) of this section (Screening). Building-mounted and roof-mounted antennas shall not extend above the roofline, parapet wall, or other roof screen beyond a maximum of four feet or extend out from the face of the building or other support structure by more than 18 inches.

3. Screening. Ground-mounted antennas shall be screened consistent with the provisions of RCMC 23.731.080(A)(4) (Screening of Ground-Mounted Antennas).

F. Development Standards for Amateur Radio Antennas. Amateur radio antennas as defined in RCMC 23.1104.060 (Telecommunications definitions) may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals.

G. Development Standards for Towers. The following development standards shall apply to towers (including collocation facilities):

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

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

3. Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line, or public trail shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property lines shall be at least equal to 20 percent of the height of the tower. In order to facilitate collocations, setback distance will be waived for placement of antennas on existing towers when there is no increase in the overall height of the tower.

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

5. Lighting. Towers and related equipment shall be lit consistent with the provisions of RCMC 23.725.060(J) (Telecommunications Towers).

6. Landscape. Towers shall be landscaped consistent with the provisions of RCMC 23.716.060(E) (Telecommunication Towers).

7. Design/Finish. New towers shall be camouflaged whenever possible. If not feasible to camouflage, the tower and related equipment shall have subdued colors and nonreflective materials that blend with the colors and materials of surrounding areas.

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

H. Development Standards for Small Cell Attachments on Private Poles within the Public Right-of-Way. All small cell attachments to private poles must acquire an administrative use permit (AUP). Small cell equipment attachments on city-owned poles shall apply for a master license agreement and pole license with the public works department.

1. Equipment shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings.

2. Equipment shelters, cabinets, or electrical distribution panels shall not be installed at ground level, except after all reasonable alternative pole locations have been explored and found unavailable or lacking in some substantial way and only with prior city approval upon a good faith showing of necessity, in city’s sole discretion. Ground-mounted equipment, if any, shall incorporate appropriate techniques to camouflage, disguise and/or blend the equipment into the surrounding environment. Any ground-mounted equipment shall not inhibit or block pedestrian path of travel and shall comply with the Americans with Disabilities Act (ADA) standards. Any ground-mounted equipment shall not obstruct or interfere with storm drainage facilities, drainage channels, or change the existing drainage pattern. City shall have sole discretion to approve or disapprove the installation of a battery backup unit, whether pole-mounted or ground-mounted.

3. Applicant shall verify each pole’s condition, size and foundation, and provide structural calculations and drawings for any pole-mounted equipment.

4. Any pole-mounted equipment shall be placed at least eight feet above sidewalks or 16 feet above streets on the street side of the pole, and shall not obstruct line of sight to any intersection, signage, traffic control devices or other directional markings.

5. Any pole-mounted equipment shall be incorporated into the design of the pole with the use of a shroud or other stealthing techniques.

6. Any pole-mounted equipment (excluding antenna) shall be no larger than 36 inches in height, 15 inches in width and shall not extend from the pole by more than 17 inches in any direction. All conduits, conduit attachments, cables, wires and other connectors shall be placed within the pole when feasible, or otherwise concealed from public view.

7. All antennas and associated cables, connectors, and hardware shall be placed within a shroud or equivalent. A maximum of one antenna shroud per pole is allowed (excluding any radio relay unit shroud).

8. The antennas and related equipment shall be constructed out of nonreflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings. Paint shall be reviewed and shown on the approved plans and specifications.

9. Any fiber optic cable or wiring connecting the antenna to the equipment cabinet or pedestal shall be located inside the pole and shall be located underground to the equipment cabinet.

10. All other conduit, cable and wiring shall be located underground.

11. The height of a pole that includes pole-mounted equipment shall not exceed more than five feet above the height of the average pole in the area, as determined by the city.

12. Equipment must be high quality, safe, fire-resistant, modern in design, and attractive in appearance, all as approved by the city.

13. Any proposed small cell attachment equipment shall not be permitted upon any decorative poles.

I. Operation and Maintenance Standards.

1. Noise. All wireless communication facilities shall comply with the city’s noise ordinance (Chapter 6.68 RCMC).

2. Non-Ionizing Electromagnetic Radiation (NIER) Exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To this end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city or by the county, state, or federal government.

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

K. Effects of Development. The city shall not be liable if development within the city, after installation of the antenna, impairs antenna reception. [Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.020)].

A. Purpose and Applicability. The regulations contained in this section shall apply to utility facilities and infrastructure, as well as BESS facilities, as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new utility facilities and infrastructure and BESS facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The intent of these provisions is to minimize the visual and physical impacts of the use on surrounding property by balancing the need for the facilities with a desire to minimize the visual impact.

B. Permit Requirements and Exemptions. To the extent allowed by state or federal law, the uses regulated by this section shall be subject to the allowed use and permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and, where applicable, Chapter 23.1000 RCMC (Special Purpose Zones). In addition, such facilities may be subject to design review as required by Chapter 23.140 RCMC (Minor Design Review) or Chapter 23.141 RCMC (Major Design Review) and allowed by state and federal law.

C. Location Requirements for Transmission Lines and Pipelines.

1. General Location. Generally, transmission lines and pipelines shall be located within public rights-of-way (with approval of the public works director) or within dedicated easements for transmission lines (e.g., public utility easement).

2. Electrical Transmission Lines. Electrical transmission lines of 100,000 volts or greater capacity may be located in any zone and shall be located in easements or rights-of-way which permit access for maintenance with minimal disruption to surrounding properties. Preference shall be given to the location of transmission lines in the rank order specified below; every reasonable effort shall be exerted to avoid established residential areas. In the event SMUD determines that it has no alternative but to route a 100,000 volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when SMUD can demonstrate that it is not feasible to do so. “Feasible” shall be as defined in California Government Code Section 53096(c).

a. Within existing SMUD transmission rights-of-way or those anticipated for other projects proposed subject to this code.

b. Adjacent to railroads or adopted freeway routes.

c. Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.

d. Adjacent to or through existing or planned commercial, industrial, or agricultural uses.

e. Along arterial streets where residential uses designated in an adopted plan are RD-20 or greater density.

f. Through areas where land uses in an adopted plan are predominantly commercial, but include residential uses.

g. Through residential areas, including side and rear yards, irrespective of density.

D. Location Requirements for Fixed-Base Structures and Facilities and BESS Facilities. In siting fixed-base structures and facilities and BESS facilities, the city shall place preference on the locations listed below in the order listed. In any case, siting fixed-base facilities or BESS facilities within residential zoning districts, particularly those intended for multifamily housing, shall be a last resort. All new subdivisions and land planning (e.g., Specific Plans) shall include provisions for siting fixed-base facilities in dedicated, reserved locations that are identified with assistance from the utility service provider.

1. Sites zoned community service (CS), transportation corridor (T), or parks and open space (POS);

2. Areas within Specific Plans or special planning areas specifically identified for utility facilities and infrastructure uses or BESS facilities;

3. Sites zoned heavy industrial (M-2);

4. Sites zoned any limited commercial or mixed-use zoning district, provided the facility is not located at the intersection of two major streets;

5. Any other portion of a limited commercial or mixed-use zoning district not otherwise described above; or

6. Within a residential or agricultural zoning district.

E. Development Requirements for Fixed-Base Structures and Facilities.

1. Communication Substations. Communication substations shall be entirely located within an enclosed building, the design of which shall be consistent with the standards of the underlying zoning district and the citywide design guidelines, the intent being to integrate the design of the facility into the area in which it is located.

2. Electrical Substations and BESS Facilities.

a. Overhead electrical transmission lines of 100,000 volts or greater capacity shall be installed in such a manner as to minimize adverse visual impacts. When feasible, SMUD shall relocate and combine existing overhead transmission poles and lines with new installations.

b. Substations and BESS facilities shall be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all property lines.

3. Potable Water Storage Facility. Potable water storage facilities shall observe all development standards of the underlying zoning district. Additionally, such facilities shall be screened consistent with the provisions of Chapter 23.731 RCMC (Fences, Walls, and Screening).

4. Treatment Plant. Treatment plants shall observe all development standards of the underlying zoning district, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of 200 feet from a residential zoning district or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum 25-foot-wide landscape area and evergreen trees planted 30 feet on center. [Ord. 8-2023 § 3 (Exh. A); Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.030)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for retail, service, and office uses within individual or multiple zoning districts. Specifically, this chapter applies to convenience stores and drive-in and drive-through sales and service. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring additional setbacks, screening, lighting, and specific security measures beyond those otherwise required in the underlying zoning district.

B. Applicability. The regulations and standards contained in this chapter shall apply only to convenience stores and drive-in and drive-through sales and service as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.010)].

A. Purpose. The purpose of this section is to provide additional design and operational standards for convenience stores for increased security and safety for employees and patrons of the convenience store and compatibility with surrounding businesses and residents.

B. Applicability. The regulations contained in this section shall apply to all new convenience stores as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new convenience stores shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. Convenience stores shall comply with the requirements of this section.

C. Permit Requirement. A convenience store is a permitted use in the zones where a convenience store is identified as allowed by Article 3 (Zoning Districts, Allowable Land Uses, and General Development Standards), except that a use permit is required if:

1. The site is less than 500 feet from a residential zone.

2. The site is less than 1,000 feet from the property line of a K-12 public or private school.

3. The store will be open for business between the hours of 11:00 p.m. and 6:00 a.m.

4. Any alcoholic beverages are to be sold.

D. Development Standards. All convenience stores shall comply with these standards regardless of location.

1. Outdoor Lighting. Project lighting levels shall be as follows: one foot-candle of minimum maintained illumination per square foot of parking surface during business hours and 0.25 foot-candles of minimum maintained illumination per square foot of surface on any walkway, alcove, passageway, etc., from a half hour before dusk to a half hour after dawn. All light fixtures shall be vandal-resistant, and shall also comply with the requirements of RCMC 23.725.060(D) (Level of Illumination).

2. Litter Removal. Management shall be responsible for the removal of litter from adjacent property and streets that results from this project (with adjacent property owner consent).

3. Security Plan. Project shall incorporate a variety of security measures that provide safety for employees and patrons of the convenience store.

4. Windows. Window placement and design shall allow for window surveillance by employees of all outside areas from the employees’ primary work positions. Windows shall be clear of any signs, merchandise, or other materials at all times from between three feet and six feet in height from ground level. No more than 15 percent of the combined total window area may be covered with signage, advertising, or other coverings, etc., as described in Chapter 23.743 RCMC (Signs).

5. Security Systems. Building security systems and employee training shall be used to resist crime attempts. The following minimum measures shall be implemented. Alternate security measures may be approved by the chief of police.

a. Employers shall provide employee training on safety and security, education on alcohol awareness, checking various forms of identification, and detecting and preventing illegal activity.

b. Store shall have an interior layout that provides visibility for the cashier into spaces such as corners or hidden areas, e.g., low display counters or two-way mirrors.

c. The cashier station shall be designed to be visible from the parking area. Windows or doors shall not be blocked with posters or signs. Counters shall be maintained free from excess displays to enhance the visibility of the cashier station.

d. A timed drop safe shall be provided adjacent to the cashier station. Premises shall be posted accordingly.

e. The installation of height tape next to the exit.

A prominently displayed video camera for identifying criminals. The video camera should include a device that records 24 hours of video directly onto a DVD/DVR recorder. The owner shall maintain a library of the recorded digital video for a minimum of seven days.

f. Inside doors to storage, utility, and office areas shall be provided with two-way mirrors to create uncertainty as to how many people are in the store and to deter criminals.

g. Required Signs. Signs shall be posted prohibiting loitering and the consumption of alcoholic beverages in the business or in the parking areas, and any other signs as required by the city. This signage requirement shall not count toward the maximum signage allowed by Chapter 23.743 RCMC (Signs). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.020)].

A. Purpose. The purpose of this section is to regulate drive-through windows and remote tellers with development standards that address the mitigation of traffic, congestion, excessive pavement, pedestrian connections, litter, and noise.

B. Applicability. Development standards herein shall apply to all new facilities with drive-in and drive-through sales and services and will be reviewed in conjunction with the required conditional use permit and/or design review application.

C. Permit Requirements. Pursuant to Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), a conditional use permit is required for all drive-in and drive-through sales and services.

D. Required Findings. All of the findings below shall be made in order for the designated approving authority to approve a conditional use permit for a drive-in and drive-through sales and service use:

1. The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property.

2. The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility nor impair normal circulation within the parking lot.

3. The design and location of the facility will not create a nuisance for adjoining properties.

E. Development and Design Standards. The following standards shall be the minimum requirements for all drive-through windows and remote tellers. Deviations from these provisions may be considered through the issuance of a conditional use permit.

1. Drive-Through and Remote Teller Aisles. The minimum standards for drive-through aisles are as follows:

a. Aisles shall have a 12-foot minimum width on curves and an 11-foot minimum width on straight sections.

b. Aisles shall provide at least 180 feet of reservoir space for each facility, as measured from the service window or unit to the entry point into the drive-up lane. Nonfood and/or nonbeverage businesses may reduce the stacking space to a minimum of 60 feet. Exceptions may be granted by the designated approving authority when an applicant demonstrates that the required reservoir space is unnecessary.

c. Aisle entrances and exits shall be at least 25 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb-cut on an adjacent property. When an aisle encroaches into the front yard and side street setbacks, 25 feet of landscaping shall be provided, with at least 10 feet of landscaping between the aisle and right-of-way. Exceptions may be granted by the designated approving authority when aisle pull-out spaces are provided.

d. Aisles shall be separated from the site’s ingress and egress routes or access to a parking space.

e. Landscaping of Drive-Through Aisles. Landscaping of drive-through aisles shall be consistent with the requirements of RCMC 23.716.060(C) (Screening of Drive-Through Aisles).

2. Pedestrian Access and Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous, minimum four-foot-wide sidewalk or delineated walkway. Generally, pedestrian walkways should not intersect the drive-through aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving and shall be clearly signed to alert vehicles in the drive-through aisles.

3. Parking. Drive-up windows, remote tellers, and drive-through aisles shall be designed and constructed to be consistent with the requirements of Chapter 23.719 RCMC (Parking and Loading). The placement of drive-up windows, remote tellers, and drive-through aisles shall not be considered as justification for reducing the number of parking spaces which are otherwise required.

4. Congestion. The conditional use permit is revocable if congestion attributable to the facility regularly occurs on public streets or within the parking lot and the management cannot alleviate the situation.

5. Noise. Drive-up windows and their order stations with amplified sound shall be located to reduce the noise impact on adjacent property to less than 45 dB as measured at the nearest residential property line.

6. Signs. Signage for drive-up windows and remote tellers shall be consistent with the requirements of Chapter 23.743 RCMC (Signs).

7. Drive-through windows shall be visible from a public way to ensure that all activity can be viewed from an adjacent street. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.4.030)].

A. Purpose. The purpose of this section is to regulate mobile food vendors to ensure that operations do not conflict with the functional aspects of commercial site and building operations and that the operation is limited to a short time period.

B. Applicability. Development standards herein shall apply to all mobile food vendors and shall be applied as conditions as part of a business license.

C. Standards.

1. Time Allowance. The maximum time period for a vendor in a single location is four hours.

a. Mobile food vendors included as part of an approved temporary use permit (TUP) or permitted through a permit with the Cordova recreation and park district are allowed to exceed four hours and can correlate with the hours listed for the approved event.

2. Vendor shall be able to demonstrate property owner permission.

3. Temporary Structures. On-site A-frame signs as well as temporary tables and chairs are allowed during operating hours so long as they comply with the following development standards:

a. All temporary structures shall maintain at least one four-foot-wide clear path of travel for pedestrians.

b. All temporary structures shall be outside of any clear vision triangle.

c. All temporary structures shall be outside of any drive aisle and shall not impair any on-site circulation.

d. Signs and structures shall not interfere with ADA parking spaces, ramps or other ADA required paths of travel.

e. Shade structures are allowed in conjunction with tables and chairs and must be adequately secured and anchored. Shade structures must also be structurally sound and stable.

f. A-frame signs shall be limited to a maximum of two per mobile food vendor and must adhere to development standards listed in RCMC 23.743.100.

4. Mobile food vendors shall provide adequate trash receptacles for patrons to dispose of any trash and must also ensure that the area is kept clean during hours of operation and upon leaving the location.

5. Vehicles cannot be parked at a private residence if more than two-axle vehicle.

6. Location. Mobile food vendors shall only be allowed within nonresidential areas unless approved as part of a special event permit. Mobile food vendors shall also be located outside of the following areas:

a. Within the immediate vicinity of an area designated for a temporary use permit issued by the city for temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, events, or outdoor concerts. A prohibition of mobile food vending pursuant to this subsection shall only be effective for the limited duration of the temporary special permit. The vendors included within the approved permit must adhere to approval requirements of that permit.

b. Within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

c. Public Right-of-Way.

i. Mobile food vendors parked within the public right-of-way directly adjacent to parks are allowed. However, they must maintain all paths of travel, be parked legally within the public right-of-way and be in compliance with city safety, access, and operational standards.

7. Business License. Mobile food vendors shall obtain a business license and must provide a copy of their Environmental Management Department (Health Department) application and approval that shows days/hours of operation and approved property locations. Additionally, mobile food vendors shall adhere to all applicable state and Department of Health requirements and standards.

8. Use Permit Requirements. A temporary use permit is required if more than one mobile food vendor is located on the same parcel at any given time. Temporary use permit must be obtained prior to operation.

a. Food Truck Events. Events promoted through a licensed event planning company may apply for a temporary use permit for up to three days per week for one year as a trial period or may apply for a permanent event through an administrative use permit. All food trucks must be located on a safe and solid surface. [Ord. 8-2025 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for automotive and vehicle uses within individual or multiple zoning districts. Specifically, this chapter includes regulations for automobile dismantling and service stations. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special location and design requirements beyond those otherwise required in the underlying zoning district.

B. Applicability. The regulations and standards contained in this chapter shall apply only to automobile dismantling and service stations as expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.5.010)].

A. Purpose and Applicability. The regulations contained in this section shall apply to new or expanded automobile dismantling uses as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new automobile dismantling uses shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The intent of these provisions is to promote compatibility between automobile dismantling and adjacent uses through the application of special screening provisions.

B. Location. Automobile dismantling uses may only be located in those zoning districts as described in Article 3 of this title (Zoning Districts, Allowed Land Uses, and Development Standards).

C. Screening. All outdoor storage areas of the automobile dismantling use shall be screened from public view consistent with the standards of RCMC 23.731.080(A)(8) (Screening for Special Uses). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.5.020)].

A. Purpose. The purpose of this section is to establish requirements for the location and construction of new service stations (as defined in RCMC 23.1104.040, Land use definitions). The intent of these provisions is to ensure that new service stations are compatible with surrounding uses and activities by mitigating associated problems with traffic, congestion, excessive pavement and lighting, litter, and hazardous materials.

B. Applicability. The regulations contained in this section shall apply to service stations as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new service stations shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.

C. Special Requirements for Use Permit Approval.

1. Approving Authority. In those instances where a conditional use permit is required by Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) for the establishment of a new service station, the designated approving authority shall be the council.

2. Conditions of Approval. In addition to any other conditions which may be imposed, any conditional use permit issued pursuant to this section shall include the following conditions:

a. If the operation of the service station is discontinued for any reason for a continuous period in excess of 180 days, such discontinuance of operation shall be grounds for revocation or modification of the conditional use permit, consistent with RCMC 23.173.080 (Permit revocation or modification); and

b. Upon the revocation of the conditional use permit, the applicant shall remove all buildings, pumps, pump islands, signs, underground storage tanks, fences, walls, and all other structures and instruments related to the service station and shall return the property to substantially the condition it was in prior to the construction of the service station.

D. Location Requirements.

1. Abutting Residential Zones or Uses. No new service stations shall be permitted or located on lots abutting property in any agricultural or residential zoning district or residential use, unless the designated approving authority can make the finding that the design of the service station, along with the conditions placed upon the conditional use permit, will mitigate any adverse effects the station may have on the abutting property. In the event that the property adjacent to an existing service station is subsequently rezoned to an agricultural or residential zoning district, such rezoning shall not cause the service station to be nonconforming with regard to this location requirement.

2. Location near Nonoperational Service Stations. In deciding whether a service station shall be permitted pursuant to this section, the designated approving authority shall consider, in addition to any other limitation provided by this section, whether there are any vacant or unoccupied service stations within a half-mile radius of the proposed service station site and, if so, shall determine whether the area immediate to such proposed service station suffers from an overconcentration of service stations. If it is determined that the area does suffer from an overconcentration of service stations, then the application for a conditional use permit shall be denied. An “overconcentration of service stations” shall be defined as when the approval of a new service station would result in five or more stations within a radius of 350 feet around the proposed site and 10 stations in a one-and-one-half-square-mile area around the proposed site.

E. Development and Design Standards. The following special standards apply to all new service stations and qualifying expansions/improvements to existing service stations. Service station uses shall also comply with all applicable state and federal regulations regarding site design, pricing signs, containment, maintenance, and operations.

1. Frontage. The minimum public street frontage shall be 135 feet on each public street for all new service stations.

2. Pump Islands. Service station pump islands may be placed in required yards provided they are no closer than 15 feet to the street right-of-way.

3. Access Driveways. Driveway design shall be consistent with the city of Rancho Cordova public works improvement standards, except that the minimum width for driveways shall be 35 feet. The width shall be expanded to 45 feet whenever the driveway accesses a street with a width of, or with a planned ultimate width of, 84 feet or greater. Driveways shall be no closer than 40 feet from the nearest intersecting point of street right-of-way lines, or as otherwise determined by the public works director for traffic safety.

4. Landscaping. Landscape shall be provided consistent with the provisions of RCMC 23.716.060(D) (Service Stations).

5. Signs. Signs shall be consistent with the standards of Chapter 23.743 RCMC (Signs).

6. Fences and Walls. A wall shall be provided between service stations and abutting residential zoning or uses consistent with the provisions of RCMC 23.731.080(A)(8) (Screening for Special Uses).

7. Structure Height. Structures shall observe the height limits of the underlying zoning district, except that canopies constructed over pump islands located outside the buildable area of the lot shall not exceed a maximum height of 17 feet. Deviations from these standards may be allowed in conjunction with design review. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.5.030)].

A. Purpose. The purpose of this section is to establish requirements for automobile sales and rentals when this activity is accessory to a primary use. The display and storage of these vehicles can consume needed customer parking spaces, can have negative visual impacts and can result in other activities which may not be allowed in this zoning district, or not allowed without a conditional use permit (e.g., auto repair and/or detailing).

B. Development Standards.

1. Vehicles for sale or for rent may not occupy required parking spaces.

2. Vehicles must be directly related to the primary use (e.g., home improvement store renting trucks to carry large products to customer’s home is permitted). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

A. Purpose. The purpose of this section is to regulate car washes with development standards that address the mitigation of traffic, congestion, and noise.

B. Applicability. Development standards herein shall apply to all new primary or accessory car wash facilities and will be reviewed in conjunction with the required conditional use permit and design review application.

C. Development and Design Standards. The following standards shall be the minimum requirements for all car wash facilities. Deviations from these standards may be considered as part of a conditional use permit.

1. Drive Aisles. The minimum standard for drive aisles are as follows:

a. Aisles shall have a 12-foot minimum width on curves and an 11-foot minimum width on straight sections.

b. Aisles shall provide a minimum of 60 feet reservoir space.

c. Aisle entrances and exits shall be at least 25 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs and at least 25 feet from the curb-cut on an adjacent property.

d. Aisles shall be separated from the site’s ingress and egress routes or access to a parking space.

e. Landscaping of aisles shall be consistent with the requirements of RCMC 23.716.060(C) (Screening of Drive-Through Aisles).

2. Site Layout. The building shall be oriented on the site to minimize visibility of the car wash entrance from public rights-of-way.

3. Hours of Operation. Car wash facilities shall not be allowed to operate 24 hours per day.

4. Noise. Vacuums shall be equipped with automatic shut-off timers to prevent use when the facility is closed. Vacuums shall be located a minimum of 25 feet from any residentially zoned property or use. [Ord. 4-2018 § 3 (Exh. A)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for storage, personal storage uses within individual or multiple zoning districts. It is the city’s intent, in establishing these standards, to mitigate the potential adverse visual impacts of this use on adjacent and surrounding property by requiring additional setbacks, screening, and other location standards.

B. Applicability. The regulations and standards contained in this chapter shall apply only to storage, personal storage facilities as expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere in this zoning code (e.g., lighting, landscaping, parking). This use may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B)].

A. Storage, personal storage facilities shall only be located in those zoning districts as described in Article 3 but not in the following locations:

1. Shall not be located within 250 feet of Highway 50, Folsom Boulevard, Sunrise Boulevard, or Zinfandel Drive rights-of-way unless buildings are designed to appear as office buildings. Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road.

2. Shall not be located within one-quarter mile of an existing storage, personal storage facility, or a Sacramento Regional Transit station.

B. Development Standards.

1. Except as provided in this section, all property stored on the site of a storage, personal storage facility use shall be entirely within enclosed buildings.

2. Open storage of recreational vehicles and dry storage of boats shall be permitted within a storage, personal storage facility use; provided, that the following standards are met:

a. The storage shall occur only within a designated area. The designated area shall be clearly delineated on the site plan and site.

b. The storage area shall not exceed 25 percent of the buildable area of the site.

c. The storage area shall be entirely screened from view from adjacent residential areas and public roads by a building and/or solid fencing with landscaping on the outside of the fence.

d. Storage shall not occur within the area set aside for minimum building setbacks.

e. No dry stacking of boats shall be permitted on site.

f. No vehicle maintenance, washing, or repair shall be permitted.

3. With the exception of a structure used as a security or caretaker quarters, the maximum height of a self-service storage facility use shall be 24 feet. In addition, a parapet wall shall be constructed to screen roof-mounted heating and air conditioning and other equipment, if any. The combined height of the building and the parapet wall shall not exceed 30 feet.

4. The following on-site circulation standards shall apply:

a. Interior parking shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

b. The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist at a minimum of use of standard directional signage and painted lane markings with arrows.

c. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

5. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft. If a facility abuts a residential district, outdoor lighting fixtures shall be no more than 15 feet in height.

6. No exterior loudspeakers or paging equipment shall be permitted on the site.

7. Storage buildings shall be designed to appear as office buildings. Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road.

8. The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood. [Ord. 4-2017 § 3 (Exh. B)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for industrial, manufacturing, and processing uses within individual or multiple zoning districts. Specifically, this chapter includes regulations for junk tire facilities. It is the city’s intent, in establishing these standards, to mitigate the potential adverse visual impacts of this use on adjacent and surrounding property by requiring additional setbacks, screening, and other location standards.

B. Applicability. The regulations and standards contained in this chapter shall apply only to junk tire facilities as expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). This use may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.6.010)].

A. Purpose and Applicability. The regulations contained in this section shall apply to junk tire facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new junk tire facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these provisions is to ensure compatibility with surrounding land uses by limiting the amount and duration of tire storage, requiring special siting of storage areas, and requiring additional screening of storage areas from public view.

B. Fire Department Review. No conditional use permit to allow junk tire facilities shall be approved unless the designated approving authority has considered any recommendations concerning potential fire hazards associated with the proposed use made by the chief of the fire district.

C. Development Standards. The following special standards apply to all new junk tire facilities and qualifying expansions/improvements to existing junk tire facilities:

1. Junk tires shall be removed from the site within 30 days after their receipt or acquisition.

2. An approved site shall contain no more than one acre of junk tire storage area.

3. All equipment necessary to conduct the proposed junk tire handling activities shall be at the site and in operating condition before operations (including collection, receipt, or storage of junk tires) commence. Any shredder to be used shall be capable of shredding at least 250 passenger tires an hour.

4. The approved junk tire operation shall comply with all federal, state, and local statutes or ordinances, including nuisance laws and noise and air quality standards. The granting of a conditional use permit under this section shall not be deemed to indicate that all such statutes have been obeyed.

5. Junk tire storage shall be screened consistent with the provisions of RCMC 23.731.080(A)(8) (Screening for Special Uses).

6. Junk tires located on properties approved pursuant to this section shall be located at least 500 feet from property zoned or used for residential or agricultural/residential purposes.

7. If junk tires are to be stored within areas subject to flooding, no storage is to be permitted during the winter flood season from November 1st through March 31st.

8. No junk tires shall be stored within 100 feet of any area where any material is burned, including, but not limited to, farming activities, vehicle dismantling yards, welding shops, or any other activity utilizing flame or fire. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.6.020)].

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for special regulated uses within individual or multiple zoning districts. These provisions apply to card rooms, check cashing businesses, pawnshops, recycling facilities (collection), sexually oriented businesses, smoke shops, tattoo parlors, smokers’ lounges, hookah bars, e-cigarette lounges, and thrift stores. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards.

B. Applicability. The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Specifically, this chapter covers those uses within the special regulated uses land use category. Other land use categories are addressed in other chapters of this article. [Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 7; Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.010)].

A. Purpose and Applicability. The regulations contained in this section shall apply to all new and qualifying expansion of existing card rooms as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new card rooms shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to prevent the overconcentration of card rooms within the city and ensure compatibility with surrounding uses by requiring additional lighting and site maintenance.

B. Business License. All new card rooms shall comply with the business license requirements of Chapter 4.22 RCMC.

C. Location. All new card rooms shall be located consistent with the following standards:

1. Located a minimum of 1,000 feet from another card room.

2. Located a minimum of 500 feet from a public school, community center, or library.

D. Development Standards. In addition to the development standards of the underlying zoning district, the following special standards apply to all new card rooms:

1. Lighting. Card rooms shall maintain lighting consistent with the provisions of RCMC 23.725.060(D) (Level of Illumination).

2. Site Maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the card room (with adjacent property owner consent). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.020)].

A. Purpose and Applicability. The standards of this section shall apply to all new and qualifying expansion of existing check cashing businesses as defined in RCMC 23.1104.040 (Land use definitions) and as permitted in those zoning districts as described in Article 3 of this title (Zoning Districts, Allowed Uses, and General Development Standards). The provisions of this section shall apply in addition to other regulations of this zoning code. In those instances where there are conflicts between other sections and this section, the provisions of this section shall apply. The purpose of these regulations is to prevent the overconcentration of check cashing businesses and ensure compatibility with surrounding uses by requiring additional lighting, security, and maintenance, as well as limiting the hours of operation.

B. Location. All new check cashing businesses shall be located consistent with the following standards:

1. Located a minimum of 1,000 feet from another check cashing establishment;

2. Located a minimum of 500 feet from all of the following uses:

a. Public school, community center, or library;

b. State or federally chartered bank, savings association, credit union, or industrial loan company; and

c. Alcoholic beverage sales, excluding restaurants, grocery stores/supermarkets, and neighborhood markets.

C. Development Standards. In addition to the development standards of the underlying zoning district, the following special standards apply to all new check cashing businesses:

1. Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of RCMC 23.725.060(D) (Level of Illumination).

2. Days and Hours of Operation. Operation of check cashing establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m.

3. Site Maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent).

4. On-Site Security. A minimum of one certified uniformed security guard shall be on duty at all times the establishment is open. The guard shall patrol both the interior and exterior portions of the property under control of the owner or lessee including, but not limited to, parking lots and any open public spaces such as lobbies. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.030)].

A. Purpose and Applicability. The regulations contained in this section shall apply to all new and qualifying expansion of existing pawnshops as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new pawnshops shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these provisions is to limit the overconcentration of pawnshops within the city by applying minimum distance standards between pawnshops and other sensitive land uses and ensuring compatibility with surrounding uses by limiting the hours of operation.

B. Business License. All new pawnshops shall comply with the business license requirements of Chapter 4.30 RCMC.

C. Location and Development Standards. In addition to the development standards of the underlying zoning district, the following special standards shall apply to all new pawnshops:

1. Location. New pawnshops shall not be located closer than 1,000 feet from an existing pawnshop and no closer than 250 feet from a public school, park, community center, or library.

2. Hours of Operation. The hours of operation of pawnshops shall be limited to between 8:00 a.m. and 9:00 p.m. daily. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.040)].

A. Purpose and Applicability. The regulations contained in this section shall apply to all recycling collection facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of recycling collection facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district (e.g., setbacks, screening requirements, etc.). Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these provisions is to provide for compatibility with surrounding uses by requiring additional setbacks, limitation on mechanical equipment, and special parking provisions.

B. Location. New recycling collection facilities shall not be located within 75 feet of a residential use or residential zoning district and shall not be located within a required setback. Must serve a state-defined “convenience zone” (typically within one-half-mile radius of a full service market with more than $2,000,000 in annual sales).

C. Development Standards. All new recycling collection facilities shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:

1. Recycling facilities can accept only post-consumer recyclable containers comprised of glass, plastic, or metal commonly found in household-generated waste. Scrap metal shall not be accepted.

2. Power-driven processing equipment shall not be used except for reverse vending machines.

3. Containers must be constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

4. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

5. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the mobile recycling facility would be on the site.

6. Facilities shall be maintained free of litter. All convenience facilities shall be swept and cleaned of all debris at the end of each day. Materials shall not be left outside when attendant is not present.

7. The design of the facility shall meet the following requirements:

a. Shall not impair the existing required landscaping.

b. Design and color of the facility shall be compatible with the existing use on the site.

c. Improvements to the recycling facility shall be required to ensure compatibility with existing buildings, including but not limited to landscaping, screening, trailer skirting, and parking lot improvements. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.050)].

A. Purpose.

1. As defined in this section, “sexually oriented businesses” include adult bookstores, adult motion picture theaters, adult live theaters, and adult video tape stores. Subparagraph (g) of Government Code Section 65850 provides that the city may regulate, pursuant to a content-neutral ordinance, the time, place, and manner of operation of sexually oriented businesses. As hereinafter set forth, the council has determined that the regulations of this section serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication and are based on narrow, objective, and definite land use standards.

In adopting this section, the council relied upon the experience of the city of Renton and the city of Seattle and the findings of federal and state court decisions in establishing the reasonableness and the constitutionality of the provisions of this section and the reliance thereto the specific effects such adult businesses may have on the residents and businesses of Rancho Cordova, and the proximity of such businesses to other land uses, including but not limited to churches, schools, parks, places frequented by children, and other sexually oriented businesses.

2. The council, as a result of concerns regarding the harmful secondary effects of sexually oriented businesses, finds that such establishments require special regulations to restrict the location, operation, and concentration of these businesses.

3. Increasing urbanization, changing community standards, and evolving legal standards for the regulation of such sexually oriented businesses dictated that the city of Rancho Cordova address its regulations of such establishments so as to provide for such uses, taking into consideration the compatibility thereof with existing land uses and land use regulations, and to minimize the cumulative impacts and harmful secondary effects.

4. The council recognizes that the land uses regulated by this section constitute protected expressions of speech and that said uses must be permitted, and reasonably available to potential patrons, within certain areas of the city of Rancho Cordova. The council also recognizes that the nature of such uses, and the activities of patrons on or near the premises on which the adult uses are located, can be a threat to the public health and safety and the welfare of the citizens of the city of Rancho Cordova. The council is fully aware that the activities conducted in such businesses are provided protection under the federal and state Constitutions. Accordingly, the council finds that the regulations of this section are based on narrow, objective, and definite standards that are intended to provide a reasonable number of available sites for such uses while minimizing the harmful secondary effects of these uses.

B. Location Conditions.

1. Sexually oriented businesses are permitted subject to compliance with the following conditions:

a. Such use is more than 1,000 feet from any residential zoning district as identified in Chapter 23.310 RCMC (amended June 2010).

b. Such use is situated more than 1,000 feet from any other sexually oriented business.

c. Such use is located more than 1,000 feet from any of the following uses:

i. Single-family, duplex, or multifamily residences;

ii. Clinic, child/family guidance;

iii. Library;

iv. Public park;

v. Church;

vi. Citizens improvement club/community center;

vii. Public or private K-12 school;

viii. Indoor or outdoor recreation facilities that are primarily designed to serve persons under the age of 18.

d. The 1,000-foot separation shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used.

e. No more than three such uses shall be permitted within the boundary of the planning area for a community planning advisory council established by the council pursuant to the Rancho Cordova Municipal Code.

f. Such use is situated in either an LIBP, M-1, or M-2 land use zone. [Ord. 4-2017 § 3 (Exh. B); Ord. 15-2015 § 6; Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 7-2010 § 3; Ord. 27-2008 § 1 (Exh. A § 5.7.060)].

A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing smoke shops as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new smoke shops shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of smoke shops in the city by applying minimum distance standards between smoke shops and ensuring compatibility with the surrounding community by limiting the location of smoke shops near schools, parks, community centers, and libraries.

B. Location. Smoke shops shall not be located closer than 500 feet from another smoke shop and no closer than 1,000 feet from a public school, park, community center, or library. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.070)].

A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing tattoo parlors as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new tattoo parlors shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of tattoo parlors in the city by applying minimum distance standards between tattoo parlors and ensuring compatibility with the surrounding community by limiting the location of tattoo parlors near schools, parks, community centers, and libraries.

B. Location. Tattoo parlors shall not be located closer than 1,000 feet from another tattoo parlor and no closer than 250 feet from a public school, park, community center, or library. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.080)].

A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing thrift stores as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new thrift stores shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of thrift stores in the city by applying minimum distance standards between thrift stores and ensuring compatibility with surrounding uses by requiring special standards for collection/receiving and refuge areas and requiring additional property maintenance.

B. Development Standards. All new thrift stores shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:

1. Enclosed Activities. All activities shall be completely enclosed within the building for the use.

2. Collection/Receiving Area. The collection area shall be located on the side or rear of the building. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.

3. Property Maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). [Ord. 5-2025 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.090)].

A. Purpose and Findings.

1. The council finds that the use of hookah pipes, electronic cigarettes, and other similar devices in smokers’ lounges, hookah bars, and vapor bars/lounges and the activities associated with such businesses (including loud music, large numbers of customers congregating for long periods, etc.) have been associated with increases in odors, noise, vapors, secondhand smoke, parking impacts, loitering, and disturbances in the peace. The purpose of this section is to prevent the overconcentration of this land use and to mitigate the negative impacts associated with this land use.

2. The council also finds that smoking and vaping uses expose minors to dangerous secondhand smoke by-products and increase the potential for minors to associate smoking of electronic tobacco devices and hookah pipes with a normative or healthy lifestyle.

3. The council also finds that the tobacco smoke, including secondhand smoke, from hookah pipes and electronic cigarettes contributes to indoor air pollution and is a significant health hazard and carcinogen to smokers and nonsmokers alike, including employees of smokers’ lounges and hookah bars.

4. The U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found them to contain carcinogens and toxic chemicals to which users and bystanders could potentially be exposed, suggesting that the same health and public nuisance concerns present with conventional cigarettes exist with electronic cigarettes.

5. The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers; and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.

6. The city has banned indoor smoking in places accessible to the public under Chapter 6.84 RCMC (Regulation of Smoking). However, California Labor Code Section 6404.5(d)(4) allows for indoor smoking within retail or wholesale tobacco shops and private smokers’ lounges and such businesses do currently exist within the city; and therefore the council finds that it is necessary to enact clear and defined regulations for this use.

B. Applicability.

1. The provisions of this section shall apply in addition to other regulations of this zoning code and municipal code. In the event of a conflict between other sections and this section, this section shall control.

2. The provisions of this section shall apply to new facilities established following the effective date of the ordinance codified in this title. All legal, code-compliant smokers’ lounges, hookah bars, vapor bars, and e-cigarette lounges currently located in the city shall become legal, nonconforming uses and as such must comply with the regulations set forth in Chapter 23.170 RCMC.

C. Location. Smokers’ lounges, hookah bars, e-cigarette lounges, and vapor bars/lounges shall only be permitted in general commercial (GC) and light industrial (M-1) zoning districts.

D. Operational and Development Standards. The following operational and development standards shall apply to all smokers’ lounges, hookah bars, vapor bars, and e-cigarette lounges in the city and shall be included as conditions imposed upon any license, permit, or other entitlement granted for such a business:

1. Distance Requirements. All e-cigarette lounges, hookah bars, vapor bars, and smokers’ lounges shall be located at least 500 feet from other e-cigarette lounges, hookah bars, smokers’ lounges, smoke shops, and tobacco shops. All e-cigarette lounges, hookah bars, vapor bars, and smokers’ lounges shall be located at least 1,000 feet from the following:

a. Public or private K-12 schools and day cares.

b. Libraries.

c. Churches.

d. Community and recreation centers.

e. Liquor stores.

f. Sexually oriented businesses.

g. Tattoo parlors.

h. Pawnshops.

i. Bars and nightclubs.

j. Card rooms.

k. Check cashing businesses.

l. Parks.

m. Residential zones.

2. The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace pursuant to California Labor Code Section 6404.5.

3. The establishments shall operate in compliance with all federal, state, county, and local laws and regulations.

4. Minors Prohibited. No persons under 21 years of age shall be permitted within the establishment, including as employees, and business owners or operators shall require proof of identification to verify the age of customers, visitors, and employees. This means that all employees must be at least 21 years of age.

5. Parking Standards. Parking shall be provided under the standards established for bars and nightclubs in Table 23.719-1, as may be amended from time to time.

6. Hours of Operation. Operating hours shall be limited to 8:00 a.m. to 10:00 p.m.

7. Indoor Operation Only. All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues or braziers, and/or lighting coals outdoors shall not be permitted.

8. Entertainment and Admission Charges Prohibited. No live entertainment, including dancers, singers, disc jockeys, or comedians shall be permitted within the business. No admission charges, including a cover charge or minimum purchase requirement, shall be permitted.

9. Food and beverages, including alcoholic beverages and prepackaged food and beverages, shall not be sold, served, or consumed on the premises.

10. Visibility and Illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.

11. Ventilation. Adequate ventilation must be provided in accordance with all standards imposed by the building official and fire department, and those establishments by state or federal laws. The requirements imposed by the building official or fire department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.

12. Noise. Any amplified noise shall be subject to the regulations established in the municipal code, including those in Chapter 6.68 RCMC (Noise Control) and Chapter 23.737 RCMC (Noise, Odor, and Vibration Performance Standards), as may be amended from time to time.

13. Security. Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or his/her designee.

E. Penalties and Enforcement. Any violation of this section shall be enforced under Chapter 23.173 RCMC. [Ord. 10-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 2].

The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.010)].

A. Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Chapter 23.116 RCMC (Temporary Use Permits). Additionally, the designated approving authority may impose conditions on the approval of a temporary use consistent with the standards of Chapter 23.116 RCMC (Temporary Use Permits).

B. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for an administrative use permit for said activity; provided, that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the administrative use permit shall be in accordance with the standards of Chapter 23.125 RCMC (Administrative Use Permits). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.020)].

A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this chapter, provided they comply with the development standards listed herein:

1. Garage and yard sales. Permitted on any parcel where the sale operator resides, not to exceed three sales per calendar year and two consecutive days for each sale.

2. Emergency facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

3. Construction yards – on-site. Yards and sheds for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.

4. Portable storage containers. Any pod or box-like container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building and outside of the public right-of-way. No more than two portable storage containers may be on a property at any given time and storage is limited to a maximum of 60 consecutive days.

5. Fireworks stands. Other permit(s) may be required by the fire district and/or other regulatory agencies and a valid business license may be required.

6. Mobile food vendors are permitted on property with a nonresidential zoning designation (see RCMC 23.910.040 for additional standards).

7. Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the municipal code.

B. Allowed Temporary Uses and Related Standards. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in RCMC 23.922.020 (Permit required). Uses that do not fall within the categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property:

1. Construction office. A temporary construction office, used during the construction of a main building or buildings on the same site.

2. Construction yards – off-site. Site contractors’ construction yards, in conjunction with an approved construction project.

3. A mobile home for temporary caretaker quarters during the construction of a subdivision, multifamily, or nonresidential project, while a valid building permit is in force.

4. Temporary real estate offices, including sales trailers and related facilities, may be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit. The temporary use permit may be extended beyond the initial year by entering into an agreement with the city to ensure that the sales center and related facilities are properly maintained by the property owner for the length of time specified in the agreement.

5. Outdoor storage, displays, and sales (e.g., sidewalk sales). Outdoor storage, sales, and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent use. The temporary activity must be related to the on-site use and provided all activities shall be conducted within the buildable portion of the lot. The temporary activity is limited to a maximum of 30 consecutive days. A total maximum of four 30-day periods are permitted per year. Storage, sales, and display may not occupy more than 10 percent of the parking area and shall not substantially alter the existing circulation pattern of the site. Temporary storage, sales, and displays shall not obstruct any existing handicapped-accessible parking space.

6. Seasonal sales lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the General Plan. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. Only one permit per property is permitted within a one-year time period and the term of permit shall not exceed 60 days.

7. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year.

8. Temporary signs. Banners and other signage displays are permitted for a period not to exceed 60 days. No more than two temporary use permits for temporary signs shall be issued for the same property per calendar year. Inflatable signs are prohibited. See RCMC 23.743.070 (Allowed temporary on-site sign standards, for standards); and additional limitations.

9. Temporary structures (e.g., tents). A Sacramento metro fire permit is required as part of application.

10. Grand opening event/special day or weekend event (e.g., auction, craft fair, carnival, parking lot sale). The temporary activity is limited to a maximum of 30 consecutive days. A total maximum of four 30-day periods are permitted per year. The use must be located on mixed-use, automotive, and industrial zoned land. Flea markets are not permitted.

11. Farmers’ markets may be permitted, provided such markets qualify as certified farmers’ markets and all producers/vendors qualify as certified producers under the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions establishing the length of the permit, days and hours of operation, and other development factors as deemed appropriate.

12. When a temporary use is not specifically listed in this section, the director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use. [Ord. 5-2019 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.030)].

Each use granted a temporary use permit shall comply with all applicable zoning district and development standards as outlined in this zoning code. The director shall establish the following standards in combination with the provisions in RCMC 23.922.030 (Temporary use regulations) and based on the type of temporary use, in addition to standards in the zoning code, for guidance:

A. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.

B. Limitation on the duration of approved temporary structures, to a maximum of one year, so that they shall not become permanent or long-term structures.

C. Other requirements as appropriate to minimize any adverse impacts of the use. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.040)].

When a temporary use is not specifically listed in this section, the director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use, consistent with the provisions for similar use determination in Chapter 23.122 RCMC (Similar Use Determinations). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.050)].

Pursuant to the city’s police powers authorized in Article XI, Section 7 of the California Constitution, the city has the power to regulate permissible land uses throughout the city and to enact regulations for the preservation of public health, safety, and welfare of its residents and community. In enacting this chapter, it is the intent of the council of Rancho Cordova to protect the safety and welfare of the general public. The purpose of this chapter is to clarify that medical marijuana dispensaries and any and all commercial marijuana uses, as defined in RCMC 23.1104.040, are not permitted uses in any zone of the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 15-2013 § 2; Ord. 17-2013 § 2].

A medical marijuana dispensary, as defined in RCMC 23.1104.040, is prohibited in all zones of the city of Rancho Cordova. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a medical marijuana dispensary. [Ord. 4-2017 § 3 (Exh. B); Ord. 15-2013 § 2; Ord. 17-2013 § 2].

Commercial marijuana uses, as defined in RCMC 23.1104.040, are prohibited in all zones of the city of Rancho Cordova. No permit or any other applicable license or entitlement for use nor any business license shall be approved or issued for the establishment, maintenance, or operation of any commercial marijuana use. [Ord. 4-2017 § 3 (Exh. B)].