Rio Vista City Zoning Code
CHAPTER 17
44 GENERAL DESIGN AND USE REQUIREMENTS
§ 17.44.010 Applicability.
Each and every zone shall be subject to the provisions of this chapter, in addition to the requirements and regulations set forth elsewhere in this title for each of the zones.
(Prior code Appendix B § 501; Ord. 001-2024, 2/20/2024)
§ 17.44.020 Temporary uses.
A.
Purpose, Permit Issuance, and Application Procedure.
1.
Purpose.
a.
The purpose of this section is to control and regulate land use activities of a temporary nature, which may adversely affect the public health, safety, and welfare.
b.
The intent of this section is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment.
2.
Permit Issuance.
a.
Issuance, Number and Term. Depending on the term of the permit, temporary use permits may be issued administratively by the zoning administrator or by the planning commission. A temporary use permit may be issued and approved administratively by the zoning administrator for a term of up to 45 days. A temporary use permit may be issued and approved by the planning commission for a term of up to six months. Each permit for a separate land use shall require a separate application and fee, as established by resolution of the city council. No more than four temporary use permits per year will be issued either administratively or by the planning commission for the same use at the same site within the city.
3.
Application Procedure.
a.
Except as otherwise provided herein, applications for temporary use permits shall be delivered to the department of community development on a form provided by the department of community development. The zoning administrator shall either approve, conditionally approve, or deny a permit application, or, as appropriate, ensure that the permit application is presented to the planning commission for decision, within 45 days of the permit application. The failure to act upon the permit within the 45-day time-frame shall constitute the denial of the permit and provide the applicant the opportunity to appeal that denial as provided herein.
b.
Notwithstanding subsection (A)(3)(a), or any other provision of this code, the zoning administrator shall approve, conditionally approve, or deny a permit application concerning expressive activity within three business days of receipt of the application. The failure to act upon the permit within this time-frame shall constitute the denial of the permit and provide the applicant the opportunity to appeal that denial as provided herein. Any appeal for a permit concerning expressive activity shall be immediately appealable to the city council, which appeal shall be filed within 10 days of the action on the permit application. The appeal shall be agendized for consideration by the city council no later than the next available regular city council meeting, unless otherwise agreed by the applicant. Judicial review of a permit concerning expressive activity shall be governed by the expedited judicial review procedures set forth at California Code of Civil Procedure Section 1094.8. For purposes of this section, "expressive activity" shall mean constitutionally protected expressive conduct or speech, the sole or principal object of which is the expression, dissemination or communication by verbal visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not necessarily limited to, public oratory and the distribution of literature. In order to invoke the expedited review provisions of this section, the applicant shall clearly state on the face of the application that it is an application concerning expressive activity and identify the proposed expressive activity.
c.
Upon receipt of the temporary use permit application, the department of community development, in consultation with the police department, fire department, and public works department, shall determine if there are grounds for denial or conditional approval of the application pursuant to subsections B, C, and D of this section. If it is determined that there are grounds for denial, the permit shall be denied and the reason for the denial shall be provided to the applicant. If it is determined that there are grounds for conditional approval, the permit shall be conditionally approved. If it is determined that there are no grounds for denial nor grounds for conditional approval, the permit shall be approved.
B.
Types of Temporary Uses.
1.
General Circumstances. Except as set forth herein, and subject to the provisions set forth below for special circumstances, temporary use permits shall be required for the following uses on private or public property:
a.
Any event involving more than 100 people; or
b.
Any event which requires a permit or license by the California Department of Alcoholic Beverage Control; or
c.
Any event that is likely to result in noise, as measured from the nearest property line, in excess of the standards set forth in the city's general plan, and/or Chapter 17.52, Noise Standards, of the Rio Vista Municipal Code; or
d.
Any event which requires a traffic plan or police services for parking or pedestrian safety; or
e.
Any temporary commercial activity on a property that does not conform to the existing zoning, land use designation, or permitted or conditionally permitted use for said property; or
f.
Subject to meeting the criteria above, examples of the types of events that require temporary use permits, include, but are not limited to, indoor and outdoor carnivals, circuses, festivals, fairs, or parties, arts and craft shows, plant shows, concerts or other musical exhibitions or events, poetry readings, car, motorcycle, bicycle, or other vehicle shows or exhibitions, live animal events, holiday tree, pumpkin, Easter, fireworks, or other seasonal lot sales, performing arts exhibitions, parades, or processions.
2.
Special Circumstances. The following types of temporary uses shall be subject to the following provisions:
a.
Amusement Events. A carnival, circus, festival, fair or other similar ongoing amusement and entertainment event involving mechanized amusement rides, amplified sound of any kind, the sale of alcohol or food, or other regulated commercial activity, may be allowed in a nonresidential district, with a temporary use permit, for a period of not more than 15 consecutive days or three weekends, during a one-year period. Any time limit extensions are subject to review and approval from the department of community development. Such activities are subject to the following conditions and guidelines:
ii.
All permit activities must have a minimum setback of 100 feet from any residential area, unless it is otherwise determined by the zoning administrator or planning commission, as applicable, that no adverse impact would result;
iii.
Restrooms and sanitation devices shall be provided;
iv.
Security personnel shall be provided pursuant to a security plan that is subject to approval by the police chief or designee; and
b.
Holiday Sales. The sales of holiday trees, plants, and/or other seasonal holiday items, such as pumpkins, Easter lilies and fireworks may be allowed as a temporary use within a nonresidential district provided the applicant receives a temporary use permit from the department of community development and conforms to the conditions set forth in this title. Such sales may be permitted with a temporary use permit in a residential district when conducted by a not-for-profit organization on property owned or leased by such organization. No such use shall be authorized for a period in excess of 45 days.
c.
Construction Trailers, Contractor's Office and Equipment Sheds. Temporary construction trailers, contractor's office and equipment sheds are allowed in any zoning district when accessory to a construction project, without a temporary use permit, subject to the provision of this section. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project. Such uses shall be maintained behind fenced areas, and shall be located in a manner to ensure that public safety access shall not be impeded.
d.
Mobile Office Trailers/Tract Sales and Leasing Offices. Mobile office trailers and tract sales or leasing offices are permitted in any zoning district as a temporary accessory use when accompanying an otherwise permitted use, without an additional temporary use permit. Such uses shall not contain any sleeping or cooking accommodations, unless such office is located on site as a display unit. Location and site considerations, including time limitations, are evaluated on a case-by-case basis by the department of community development, which may impose reasonable conditions on the use.
e.
Marine-Related Uses. The storage of boats and other floating marine equipment for the purpose of making interior repairs to such vessels is permitted as a temporary use, without a temporary use permit, provided that no debris shall enter the water and that the user restores the site to the same condition it was in prior to the use.
f.
Funeral Processions. Funeral processions conducted by a licensed mortuary or funeral home may proceed without a temporary use permit, provided the procession does not unduly interfere with the flow of traffic.
g.
Expressive Activity on Public Property. Lawful and peaceful expression of non-commercial expressive activity on public sidewalks or other traditional public forum that does not unnecessarily impede the normal flow of pedestrian or vehicle traffic, or otherwise unduly impact public health, safety, or welfare, shall not require a temporary use permit.
h.
City/Government Events and Activities. Activities or events produced by the city shall not require a temporary use permit, but shall be approved by the city council or its designee. Activities conducted solely by a governmental agency acting within the scope of its authority that do not anticipate the assembly of people, vehicles, equipment, or animals that will substantially interfere with the normal flow of pedestrian or vehicle traffic on public sidewalks and streets shall not require a temporary use permit.
C.
Grounds for Denial. A permit for a temporary use may be denied based on any of the following grounds:
1.
Information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading.
2.
The applicant fails to complete the application form within five calendar days after having been notified that additional information or documents is required to further process the application.
3.
Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events.
4.
The time or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.
5.
The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to areas contiguous to the event.
6.
The size of the event will require diversion of so great a number of police officers or other personnel of the city to insure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the remainder of the city. Nothing herein authorizes denial of a permit when additional peace officers would be available to the city under applicable state law or mutual aid plans, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event.
7.
The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or along any public right-of-way, or where construction work is scheduled in connection with a previously granted encroachment permit.
8.
The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.
9.
The applicant has failed to obtain all other necessary permits or licenses from the city and/or any other governmental or regulatory agency, including, without limitation, any necessary encroachment permits, business licenses, and permits or licenses from the California Department of Alcoholic Beverage Control.
10.
Based on articulated facts, the issuance of the permit would otherwise unduly and adversely impact public health, safety, and welfare taking into account, without limitations, impacts caused by noise, traffic, solid waste, alcohol consumption, potential unlawful activity, or any other relevant factor impacting public health, safety, or welfare.
D.
Permit Conditions. The approval of a temporary use permit may be conditioned on the imposition of reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the health, safety, and welfare of persons and property, and the control of traffic. Such conditions may include:
1.
Alteration of the date, time, route or location of the event proposed on the event application;
2.
Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;
3.
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;
4.
Requirements for the use of traffic cones or barricades;
5.
Requirements for provision of first aid or medical facilities;
6.
Requirements for use of event monitors, and providing notice of permit conditions to event participants;
7.
Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of structures for fire safety by the fire department;
8.
Compliance with animal protection ordinances and laws;
9.
Requirements for use of garbage and solid waste containers, cleanup and restoration of city property;
10.
Restrictions on use of amplified sound or other noise;
11.
An application to hold a neighborhood block party may be conditioned on notice and approval by 50% of the residents of dwellings along the affected street(s);
12.
Compliance with any relevant ordinance or law and obtaining any legally required permit or license;
13.
The provision of restrooms and/or other sanitation devices;
14.
The provision of security personnel;
15.
Noise attenuation, as measured from the adjoining property line, for generators and other mechanical equipment, motor crossing activities, carnival rides, or other similar event, shall be used in compliance with Chapter 17.52, Noise Standards, of the Rio Vista Municipal Code;
16.
Restrictions on the outdoor storage of materials, merchandise, or inventory;
17.
Community-organized local sales events, such as neighborhood garage sales, shall not exceed three days in length and shall be limited to six special sales events per year per group;
18.
Provision of insurance and indemnity protecting the city, as determined by the city manager or designee, to reasonably protect the city, which may include, without limitation, provisions for minimum insurance coverage and insurance types, naming of the city and its employees and agents as additional insureds, providing adequate proof of insurance, and provisions requiring the permit applicant to defend, indemnify, and hold harmless the city and its employees and agents;
19.
A requirement that the applicant reimburse the city for all costs incurred by the city as the result of the event, and the city may require a deposit for such anticipated costs; and
20.
Such other conditions as are reasonably related to ensuring the public health, safety, and welfare.
E.
Fees. The city council may establish by resolution a fee or fees required to be paid upon filing of an application for a temporary use permit, which fees shall not exceed the reasonable cost of administering this section.
F.
Administrative Guidelines. The city manager shall be authorized to develop an administrative policy and guidelines, consistent with this chapter, to implement the provisions of this section.
(Prior code Appendix B § 503; Ord. 589 § 2, 2002; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 007-2014 § 1; Ord. 001-2024, 2/20/2024)
§ 17.44.030 Accessory dwelling units and junior dwelling units.
A.
Purpose and Intent.
1.
The purpose of this section is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts consistent with state law, specifically California Government Code Section 65852 et seq. This section establishes regulations and a ministerial review process for accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units are intended to expand housing opportunities for all, but especially low and moderate income or elderly households, by increasing the number of rental units available within existing neighborhoods while maintaining the residential character of an area.
2.
This section shall apply to all accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units are permitted by right in any zoning district which permits single-family homes or multifamily homes.
B. "Accessory dwelling unit" or "ADU" "Efficiency kitchen" "Efficiency unit" "Junior accessory dwelling unit" or "JADU" "Primary dwelling"
Definitions. For the purposes of this section, the following words and phrases, unless the context otherwise requires, shall have the following meanings:
means a building or portion of a building that provides complete independent living facilities for one or more persons and is located on, and permanently attached to/stationary, a parcel with a proposed or existing primary dwelling. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. "Attached accessory dwelling unit" means an accessory dwelling unit that is structurally attached to the primary dwelling but which has independent, direct access from the exterior. "Detached accessory dwelling unit" means an accessory dwelling unit that is not structurally attached to the primary dwelling.
means a cooking facility that includes all of the following:
means the same as defined in Section 17958.1 of the Health and Safety Code.
means a residential unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU shall include an efficiency kitchen. A JADU may share sanitation facilities with the primary dwelling.
means an existing or proposed residential structure on a parcel. A primary dwelling may be a single-family or multifamily residential structure.
C.
General Plan and Zones Allowed.
1.
In accordance with Government Code Section 65852.2, any ADU or JADU that conforms with the requirements of this section 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. An ADU or JADU shall not be counted when determining residential density for conformance with the general plan or this code.
2.
ADUs and JADUs shall be allowed in all areas zoned to allow single-family or multifamily residential uses in compliance with the development standards set forth in this section.
D.
Building Permit Required.
1.
Building Permit. All ADUs or JADUs shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other planning-related permit is required.
2.
Issuance of Permit. The city shall issue a building permit for an ADU or JADU within 60 calendar days from the date on which the city receives a complete application for a location which includes an existing primary dwelling, unless either:
a.
The applicant requests a delay, which shall put the application on hold for the period requested; or
b.
The application to create an ADU or JADU is submitted with an application to create a new single-family dwelling on the parcel. The city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling.
E.
Development Standards. Except as otherwise provided herein, all ADUs and JADUs shall comply with the development standards of the zone in which the unit is to be located, so long as not overly burdensome as defined in Government Code Section 65852.150.
1.
Maximum Number.
a.
Up to one attached or detached ADU shall be allowed on a parcel with an existing or proposed single-family primary dwelling.
b.
Up to one JADU shall be allowed on a parcel with an existing or proposed single-family primary dwelling.
c.
Up to one detached ADU and one JADU shall be allowed on a parcel with an existing or proposed single-family primary dwelling.
d.
ADUs in a number equal to no more than 25% of the number of standard units may be created in a multifamily building by converting non-habitable space into habitable space.
e.
Up to two detached ADUs shall be allowed on a parcel with an existing multifamily primary dwelling.
f.
An existing primary dwelling may not be expanded for the purpose of constructing a JADU, but may be expanded for the purpose of constructing an ADU.
2.
Location. An ADU or JADU shall be located on, and permanently attached to/stationary, the same parcel as an existing or proposed primary dwelling.
3.
Density. An ADU or JADU does not count toward the allowable density for the parcel upon which it is located.
4.
Height.
a.
Attached ADUs and JADUs shall comply with the height requirements for the primary dwelling, or 25 feet whichever is lower, so long as such height maximum is not less than 16 feet.
b.
Newly-constructed detached ADUs shall not exceed 16 feet in height; except if constructed on a lot with an existing or proposed multifamily, multistory dwelling, the height shall not exceed 18 feet.
5.
Setbacks.
a.
ADUs shall meet the following setbacks:
i.
Front yard: Per the zoning district standard for the primary dwelling. An ADU shall not be located between the primary dwelling unit and the front lot line.
ii.
Side yard: minimum of four feet.
iii.
Rear yard: minimum of four feet.
iv.
A detached ADU shall comply with the building separation requirements of the underlying zone and the building code.
b.
A legal nonconforming structure may be converted into a detached ADU provided that it does not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
6.
Floor Area.
a.
An ADU shall not exceed 1,200 square feet.
b.
A JADU shall not exceed 500 square feet.
c.
No ADU or JADU may be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
d.
The area of a primary dwelling may not be expanded by more than 50% to accommodate an attached ADU, unless necessary to accommodate at least an 800 square foot ADU.
e.
No floor area ratio limit shall be applied to any conversion of an existing structure into an ADU, including a legal nonconforming structure.
7.
Construction Design.
a.
An ADU and JADU design shall comply with the underlying zone and conform to the architectural style, materials, and colors of the primary dwelling.
b.
An attached ADU and JADU shall be attached to the primary dwelling by at least one wall or ceiling (above or below).
c.
An ADU and JADU shall have a separate entrance from the main entrance to the primary dwelling. No passageway, as defined in California Government Code Section 65852.2, shall be required in conjunction with the construction of an ADU or JADU.
d.
All ADUs and JADUs shall meet all applicable Building and Fire Code regulations adopted by the city, as well as any applicable local building codes.
e.
Fire sprinklers shall not be required with the construction of an ADU or JADU if not required at the primary dwelling.
f.
Landscaping shall comply with requirements applicable in the underlying zone.
8.
Parking.
a.
One off-street parking space is required for each ADU. However, no off-street parking is required if one or more of the following applies:
i.
The ADU 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 ADU.
iii.
The ADU is part of the proposed or existing primary residence.
iv.
When there is a car share vehicle located within one block of the ADU.
v.
When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot.
b.
Off-street parking shall be permitted in setback areas in locations determined by the city or in a tandem parking spaces, meaning behind or in front of another vehicle on a single driveway, unless parking in setback areas or tandem spaces is not feasible based upon specific site or regional topographical or fire and life safety conditions.
c.
When a garage, carport, or covered parking structure is demolished or converted to create an ADU, parking shall not be required to be replaced.
d.
No off-street parking is required for a JADU.
9.
No provisions within this section, including lot coverage or legal nonconformity, shall preclude the construction of a newly constructed, detached ADU that is 800 square feet or less, and not taller than 16 feet with four-foot rear and side setbacks.
F.
Owner Occupancy.
1.
ADUs permitted before January 1, 2020 are subject to the owner-occupancy requirements in place on the date the ADU was permitted.
2.
ADUs permitted on or after January 1, 2020, but before January 1, 2025, shall not be subject to any owner-occupancy requirement.
3.
All ADUs permitted on or after January 1, 2025, shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
4.
All JADUs shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling, JADU, or an ADU as the person's legal domicile and permanent residence.
G.
Impact Fees.
1.
No impact fees shall be charged for a JADU. A JADU shall not be considered a separate or new dwelling unit for the purposes of calculating impact fees, connection fees, or capacity charges for utilities.
2.
No impact fees shall be charged for an ADU that is less than 750 square feet.
3.
An ADU that is 750 square feet or larger shall be charged impact fees proportionately related to the square footage of the primary dwelling.
4.
An ADU may be subject to connection fees or capacity charges levied by a local agency, special district, or water corporation, if constructed with a new single-family dwelling.
H.
Deed Restriction. A deed restriction shall be recorded against a property with a JADU. The property owner shall file such deed restriction with the county clerk and provide proof of filing to the city. The deed restriction shall provide at least the following:
1.
The JADU shall not be sold separately from the primary dwelling;
2.
The JADU is restricted to the maximum size and attributes authorized by the corresponding building permit and other requirements of this section; and
3.
The deed restriction runs with the land and may be enforced against all current and future property owners.
(Ord. 010-2021 § 2; Ord. 001-2024, 2/20/2024)
§ 17.44.040 Home occupations.
Home occupations are allowed in all residentially zoned districts, provided the conditions of approval are met and a home occupation permit is obtained from the department of community development. The approval of the home occupation shall not authorize any use that would change the residential character of the residence or would be detrimental to the surrounding community and the public health, safety and welfare.
In determining whether or not a home occupation conforms with the foregoing criteria the existence of the following conditions must be determined:
A.
No person who is not a resident of the home shall be employed by the home occupation unless the planning commission approves a use permit allowing for such.
B.
No equipment or processes shall be used on the subject property which creates noise, glare, odor, vibration, electrical, radio or television interference disruptive to surrounding properties.
C.
No direct sales of products or merchandise from the premises.
D.
The use shall not create pedestrian or vehicular traffic other than normal to a single-family residential use of the premises.
E.
No more than 25% of the total floor area of the dwelling to be used as a home occupation.
F.
The use shall not involve storage of materials outdoors.
G.
Any change of use in a home occupation will require approval and the issuance of a new permit from the department of community development.
H.
No building or space outside of the main building shall be used for home occupational purposes.
I.
In no way shall the residential character of the main building or of the premises be altered by the use or occupancy.
J.
There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
K.
Fees required for review.
L.
No more than one sign is allowed on the premises. Any identification sign shall require an administrative sign permit and shall be limited to a maximum of two square feet in size. Information on such sign shall be limited to the name of the business, and phone number or web site url, which information shall be in a font smaller than that of the business name.
M.
Exceptions to home occupation standards shall be subject to planning commission review and approval. The commission must make the following findings to allow the exception:
1.
The proposed use will comply with the general plan and zoning code with the retention of the predominant residential character of the adjoining zoning district(s).
2.
The proposed use will not negatively impact the public health, safety or welfare and is permitted subject to unique conditions related to the use or existing residential property development which would result in minimal impact to the essential residential character of the surrounding area.
(Prior code Appendix B § 506; Ord. 589 § 2, 2002; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.050 Geological hazard areas.
A.
It is the purpose of this section to provide for special building setback lines in order to regulate the location of buildings where geologically hazardous areas (Rio Vista fault) require in the public interest setback regulations in addition to those otherwise specified in this title.
B.
Special Building Setback Lines.
1.
Purpose. Special building setback lines are established along the Rio Vista earthquake fault traces to minimize the potential loss of property and life resulting from differential movement along the fault traces caused by tectonic forces. Special building setback lines are set forth in the following.
2.
Delineation of Earthquake Fault Traces. Earthquake fault traces are mapped as known locations and inferred locations. Known locations are based on surface expressions or subsurface explorations which fix the location of the trace. Inferred locations are based on the presence of a limited number of surface or subsurface indicators of a fault trace. The actual position of the inferred location of the Rio Vista fault is subject to wider error than the known location and the width of potential risk band is increased.
C.
Requirements.
1.
No buildings for human occupancy shall be located closer than 60 feet from the Rio Vista fault trace mapped as inferred location.
2.
Only single-family, one story, wood-frame residences, and buildings for other than human occupancy may be located within bands lying between 60 feet and 125 feet from the Rio Vista fault.
D.
Measurement. The location of a special building setback line shall be established by measurements in feet measured at right angles from the mapped fault trace.
E.
Modification of Requirements. When geologic studies acceptable to the planning commission identify the Rio Vista fault as a non-active fault, the planning commission may modify the building setback lines from the fault requirements.
F.
It is the responsibility of the private property owner to comply with state of California seismic safety standards.
(Prior code Appendix B § 514; Ord. 628 § 1, 2007; Ord. 001-2024, 2/20/2024)
§ 17.44.060 Performance standards.
A.
Applicability. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, radioactivity, electrical or other disturbances; glare, liquid or solid refuse or wastes; or other substance, condition or element (referred to herein as "dangerous or objectionable elements"), in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this title may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements.
B.
Performance Standards Procedure.
1.
Should the planning commission believe that a proposed use in any district is likely to create or emit dangerous or objectionable elements or the required environmental impact report is not satisfactory, it may invoke the performance standards procedure contained herein.
2.
Whenever the performance standards procedure has been invoked for a proposed use, building permits may be issued only as authorized by the planning commission.
3.
Application. Whenever the performance standards procedures has been invoked, the applicant shall submit, in addition to the application for a building permit, a plan in duplicate and supplemental statement of the proposed machinery, processes and products, and specifications or standards for the mechanisms and techniques to be used in obviating the emission of dangerous and objectionable elements as set forth in this section.
4.
Report by Expert Consultants. If the planning commission determines the proposed use may cause the emission of dangerous or objectionable elements, the planning commission may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements for investigation and report. Such report shall set forth definite findings as to the actual performance of the proposed use and in a positive and concise manner recommend such additional installations or safeguards or devise such standards to be applied as would obviate the creation or emission of dangerous or objectionable elements. Such consultant or consultants shall address his or her report to the planning commission and a copy to the applicant at the same time. Reports may include, but not be limited to, acoustical (noise) studies, shading surveys, view retention surveys, and hazardous materials analysis and odor emission analysis. Costs of said studies shall be borne by the applicant.
5.
Action by Planning Commission. Within 30 days after the planning commission has received the aforesaid application, or the aforesaid report, if a report be required, the planning commission shall decide whether the proposed use will conform to the requirements of this section, and on such basis shall authorize or refuse to authorize issuance of a building permit or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any building permit so authorized and issued shall be conditioned upon the applicant's completed buildings and installations conforming in operation to the performance standards as stipulated in the building permit.
C.
Enforcement. Whenever the performance standards procedure has been invoked and a conditioned building permit as authorized by the planning commission has been issued, the secretary of the planning commission shall investigate any purported violation of performance standards, and, if there is reasonable ground for the same, shall notify the commission of the occurrence or existence of a probable violation thereof. The commission shall investigate the alleged violation, and for such investigation may employ qualified experts and hold public hearings. If the commission finds that a violation has occurred or exists, a copy of the findings shall be forwarded to the city council. The services of any qualified experts, employed by the commission to advise in establishing a violation, shall be financed by the violator if the violation is established, otherwise by the city. The city council, upon review of the violation, may direct staff to commence abatement procedures to include, but not be limited to, enforcement of the public nuisance code.
(Prior code Appendix B § 515; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.070 Airport land use regulations.
A.
The Solano County Airport Land Use Commission Airport/Land Use Compatibility Plan for the Rio Vista Airport sets forth standards and policies regarding types of uses allowed within various restrictive zones and noise areas around the airport.
B.
Title 11 of the Rio Vista Municipal Code, adopted by the city council sets additional provisions and requirements pertaining to airport development. These rules and regulations are in addition to the standards provided in this title.
(Prior code Appendix B § 516; Ord. 589 § 2, 2002; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.080 Yards.
The minimum yard requirements are as regulated in the respective district section.
A.
Front Yards. For the purpose of computing front yard dimensions the measurement shall be taken from the nearest point of the front wall of the building to the street line; provided, however, that if the official building line has been established for the street, or if a future width line is established therefor by the provisions of this title, then the measurement shall be taken from the nearest point of the front wall to the other building to such official line or such future width line, except that certain architectural features hereinafter enumerated shall not be considered in making such measurements, and shall be subject to the following limitations:
1.
Cornices, canopies, caves, or any other architectural features may extend beyond the front wall a distance of not exceeding two and one-half feet.
2.
Fire escapes, balconies, or galleries, may extend beyond the front wall a distance of not exceeding eight feet, provided that such landing place or porch shall have a floor no higher than the entrance floor of the building and in no event more than three feet above the finished grade. A railing no higher than three feet may be placed around such landing place. In no case, however, shall any such landing place or porch extend beyond any official plan line which has been established for any street, or beyond the future width line which is established by the provisions of this title.
3.
Parking spaces located in the front yard area are limited to the driveway or an approved surface, as determined by the community development and public works departments. In no circumstance shall front yard parking, driveways or hardscape cover more than 50% of the front yard area. The remainder of the front yard area shall be maintained with landscaping in good condition in compliance with all regulations set forth in this title.
B.
Front Yard Exceptions. In the R-1 district, where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title (not including accessory buildings), the minimum required front setback shall be average of the improved lots, if the setback is less than the stated requirements of the district.
C.
Side Yards. The above enumerated architectural features may also extend into any minimum side or rear yard, the same distance that they are permitted to extend beyond any front wall, except that no porch, terrace, patio, or outside stairway shall project more than three feet into any minimum side yard, and in any event no closer than three feet to the side lot line. An outside stairway may extend into the minimum required side yard only if same is unroofed and unenclosed above and below.
1.
The width of side yards of single-family dwellings constructed pursuant to Chapter 17.08 may be reduced to 10% of the width of such parcel, but in no case to less than five feet.
2.
In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance, shall be not less than 10 feet.
Groupings (clustering) of detached dwelling units shall be constructed so that the following minimum distances are provided: |
D.
Rear Yards. The depth of rear yard required for any building where such rear yard opens into an alley, one-half the width of such alley but not exceeding 10 feet, may be considered as a portion of such rear yard; provided, however, that these provisions shall not be so applied as to reduce the depth of any rear yard to less than 10 feet; and provided, further, that in no case shall the door of any building or improvement, except a fence which opens into any alley, be erected, constructed or established closer than a distance of 15 feet to the center of such alley.
(Prior code Appendix B § 523; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.090 Accessory uses, structures and swimming pools.
A.
Accessory uses, as defined herein, shall be permitted with a primary, permitted, use subject to the following requirements:
1.
The accessory use will not require a separate use permit, unless particularly provided in this title, provided that no accessory use shall be constructed on any property in any R zone unless and until the main building is erected and occupied.
2.
Accessory buildings shall be constructed with, or subsequent to the construction of the main building and are not required to comply with setbacks required for the main building in the zoning district, unless they fail to meet the required separation between buildings. Accessory buildings are, however, required to meet the setback and building envelope restrictions set forth in this section.
3.
Generators, air conditioning units, outdoor cooking facilities, and other noise-producing, odorous, or other potentially noxious uses shall meet all limitations set forth in the city's noise ordinance, comply with all building code requirements, be screened from view from adjacent residential properties or public rights-of-way, and must minimize impacts on adjacent residential properties. In no instance shall an accessory use be permitted in the front yard of a residential property. Accessory uses may be placed in front of a commercial or industrial property subject to screening approved through administrative design review or as part of an application for consideration by the planning commission. Sound proof insulation may be required if the equipment is within 15 feet of a residential unit located on an adjoining property.
B.
Attached Buildings. In case an accessory building is attached to the main building, it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.
C.
A detached accessory building cannot exceed 15 feet in height and/or exceed more than 30% of the buildable lot area. In no case, shall a detached accessory building be closer than six feet to the main building. An accessory building shall meet any additional requirements as provided in the Uniform Building Code.
D.
Additional Regulations. Detached accessory buildings in R districts shall conform to the following additional regulations as to their location upon the lots:
1.
In the case of an interior lot abutting upon one street, no detached accessory buildings shall be erected or altered so as to encroach upon the front half of the lot.
2.
In the case of an interior lot abutting upon two or more streets, no accessory buildings shall be erected or altered so as to encroach upon the one-quarter of the lot nearest either street.
3.
In the case of a corner lot, no accessory buildings shall be erected or altered so as to be located closer to the rear line than the minimum side yard setback requirements of the lot to the rear; provided, further, that on a corner lot adjacent to a key lot, no accessory buildings shall be located nearer to the street line of the street upon which such key lot faces than a distance equal to the depth of the front yard required on the key lot.
4.
In the case of a corner lot abutting on more than two streets, no detached accessory buildings shall be erected or altered so as to be nearer to the street line and one-quarter the width or length of the lot.
5.
No detached accessory building shall be located closer than three feet to any rear or side lot line.
6.
In no case shall an accessory structure be located in a front yard.
E.
Swimming Pools. Any pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any one point shall be permitted in any zone subject to the following regulations:
1.
Swimming pools in R districts shall be constructed on the rear one-half of the lot or 50 feet from the front property line, whichever is less; in no event shall a pool be located closer than three feet to any property line; and
2.
Filter and heating systems for any pools shall not be located closer than three feet from any lot line and shall be fully enclosed with a wall, trellis or sight-proof fence. Sound-proof insulation may be required if the equipment is within 15 feet of a residential unit located on an adjoining property.
F.
All pools, ponds, lakes or open tanks deeper than 18 inches must be completely enclosed with a permanent fence of at least five feet in height. All pools, ponds, lakes or open tanks must also comply with all regulations set forth in the Uniform Building Code.
(Prior code Appendix B § 524; Ord. 589 § 2, 2002; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.100 Lots adjoining highway, school or shopping site in R districts.
In any R district, no site rearing on a highway, railroad, school or shopping site shall have a depth of less than 130 feet.
(Prior code Appendix B § 526; Ord. 001-2024, 2/20/2024)
§ 17.44.110 Height limits and exceptions.
Height limits imposed within zoning districts on permitted structures shall not apply to the following three categories; provided, however, no such structures shall exceed height limitations imposed by any other applicable regulations (e.g., Chapter 17.42) and provided that no such structure shall have other than incidental usable floor space.
A.
Farm buildings, barns, silos, or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission lines, towers and poles, windmills, chimneys, smokestacks, flagpoles, radio towers, masts and television antennae; parapet walls extending not more than four feet above the height limit of the building; outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater.
B.
Places of Public Assembly. Places of public assembly in churches, schools, and other permitted public and quasi-public buildings, provided that these are located on the first floor of such buildings, and provided that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
C.
Exceptions. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceeds 50% of the corresponding street lot line frontage; or towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height; provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 25 feet in all parts from every lot line not a street lot line.
(Prior code Appendix B § 528; Ord. 589 § 2, 2002; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.120 Parking facility landscaping and streetscape maintenance or improvements.
A.
Screening of Parking in Residential Districts. Where an open parking facility for more than five cars or a loading area in an R district, or adjacent to an R district, adjoins a street or a required front yard, or where a parking or loading area is located directly across a street or alley from an R district, a vegetative greenway at least five feet wide shall be installed to separate the parking area from the street. In instances where existing conditions prevent installation of a greenbelt, a vine-covered fence or compact evergreen hedge no less than four feet in height shall be located on the property line(s) adjacent to the parking area adjoining the street. Fence/hedge height minimums may be reduced on corner lots within the required line of site view triangle. This requirement shall apply to all changes in use, development, or redevelopment of a property located in a residential district and shall apply equally to thoroughfare streets and alleyway roadways.
B.
Landscaping of Parking Lots in Commercial and Industrial Districts. In landscaped areas shall be distributed throughout the parking area and shall meet minimum standards as set forth in the water conservation and landscaping and parking regulations set forth in this title. Where an open parking facility for more than five cars or a loading area is located directly across a street or alley from an R district, a vegetative greenway at least five feet wide shall be installed to separate the parking area from the street. In instances where existing conditions prevent installation of a greenbelt area, a vine-covered fence or compact evergreen hedge no less than four feet in height shall be located on the property line(s) adjacent to the parking area adjoining the street, and public amenities such as benches, public art, water fountains, or drinking fountains shall be installed, subject to design review and revocable encroachment permit, prior to occupancy. Fence/hedge height minimums may be reduced on corner lots within the required line of site view triangle. This requirement shall apply to all changes in use, development, or redevelopment of a property located in a commercial or industrial district and shall apply equally to thoroughfare streets and alleyway roadways. Where these standards differ from other regulations set forth in this code or other criteria set forth in the municipal code, the more stringent requirement shall apply.
C.
Existing Development with No On-Site Parking. Certain site conditions on existing developed commercial and industrial lots prevent the installation of on-site parking. Any change in use or redevelopment of these sites shall require, in addition to all related planning approvals, either a parking variance or use permit. Where the existing development prevents installing a substantial vegetative or urban tree canopy improvements, the new business owner or developer of the site shall provide in-lieu public amenities, such as benches, public art, water fountains, or drinking fountains subject to design review and a revocable encroachment permit, which shall be obtained prior to occupancy.
D.
All parking areas and front yard areas in all districts shall be maintained free of garbage, inoperative vehicles, and vegetation deemed by the fire department to be a fire hazard. Overgrowth of landscaping into required disabled access parking spaces through public sidewalk areas shall be removed within 30 days' written notice by the fire, police, or community development department.
E.
Landscape, hardscape, and public amenity improvements shall be installed in a manner that provides adequate access for utility maintenance and meter reading.
(Prior code Appendix B § 529; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.130 Landscaping, fences and hedges.
A.
Minimum Required Landscape Treatment Area. In all districts, a portion of the site visible from a street and comprising not less than 3% of the site area or gross floor area, whichever is greater, shall be landscaped with plant materials suitable for ornamenting the site, except that a pre-existing use in the R, C-1, C-2 and I-P-I districts shall not be deemed nonconforming by reason of failure to meet this requirement. Where nonconforming sites change use or are redeveloped, and existing development prevents installation of substantial vegetative or urban tree canopy improvements in compliance with this section, the property, business owner, or developer of the site shall provide in-lieu public amenities such as benches, public art, or water fountains subject to design review and a revocable encroachment permit, prior to occupancy. Where redevelopment of the site results in the demolition of 50% or more of the existing structure, as determined by the community development director, or designee, the owner or applicant shall be required to install landscaping to the extent practical for the site plan following demolition and incorporate such into any remodeling or other redevelopment plans.
The landscaped area provided for an expansion of a use in the R, C-1, C-2 and I-P-I districts shall be in addition to landscaped area existing prior to the expansion unless the pre-existing area exceeds the required minimum, in which instance it shall be counted in calculating the total area required.
All screening and landscaping shall be permanently maintained in a neat and orderly condition by the owner. Plant materials shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. Within 30 days' written notice from the fire or community development department, the property owner shall abate any noncompliant screening or landscaping.
B.
Fences, Walls, Hedges and Landscaped Berms.
1.
Fences, walls, hedges and other ornamental landscaping located within the required front yard or the required exterior (street) side yard of a corner lot shall not exceed three feet in height above the natural grade within the sight distance triangle.
2.
Fences, walls, hedges and shrubs not over seven feet in height may be located in any interior side or rear yard. Trellis extensions to fence structures shall be included in the calculation of fence height. However, vine or other vegetative installations shall not be included in the calculation.
3.
All doors or gates in fences, walls or hedges shall open inwardly if located within two feet of a street or public walk.
4.
Fences or structures exceeding seven feet in height to enclose commercial or industrial uses, tennis courts or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a use permit. Fences around electric substations may exceed six feet without securing a use permit.
5.
On a corner lot, no fence, wall, hedge, or berm shall exceed a height of three feet above grade when the fence, wall, hedge or berm is located within the sight distance triangle as defined in this chapter.
6.
Barbed wire, razor wire and/or chicken wire fences cannot be lower than six feet above ground elevation and are limited to properties zoned for industrial, and only in compliance with the city's industrial design criteria. In addition, in commercial and industrial zones, fencing of this type may be constructed subject to the following requirements:
7.
Upon notification from the community development director or designee, the property owner shall remove all unauthorized fencing within 30 days of written notice.
(Prior code Appendix B § 530; Ord. 589 § 2, 2002; Ord. 628 § 1, 2007; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.140 Utilities.
A.
Public Utilities. Public utility distribution, transmission line towers and poles, and facilities for distribution of gas, water, communications and electricity shall be undergrounded unless the applicant can demonstrate that site constraints make it physically or technologically infeasible. The proposed site plan for all routes of proposed gas, water lines and electric transmission lines shall be submitted to the city planning commission for consideration as a preliminary review application. Where acquisition of utility easement rights-of-way has not been obtained, the review shall occur prior to the recordation of easement. All other public utility facilities and uses shall be permitted in all zoning districts subject to the issuance of a use permit, unless otherwise specified in this title.
B.
Private Utilities. Private utility installations, including, but not limited to, solar energy facilities, wind turbine and/or other renewable or alternative energy facilities may be installed by private interests subject to submittal of a site plan and architectural review application and use permits as required per applicable zoning district use provisions. Small utility facility installations on residential properties shall be in keeping with the residential nature and aesthetic character of the neighborhood and subject to review and recommendation of the development review committee upon submittal of the above-referenced application(s) for planning commission consideration unless otherwise prohibited by state or federal law.
C.
Exceptions. Where compliance with underground requirements would prevent installation of renewable or alternative energy facilities, the planning commission may waive this requirement subject to the adoption of the following findings:
1.
The proposed facility would provide a substantial public benefit;
2.
The proposed facility would be sited, screened, or otherwise modified to minimize potential noise and aesthetic impacts;
3.
The proposed facility is substantially compliant with the intent of the general plan and the zoning code;
4.
The proposed facility would not be injurious to the public health, safety or welfare.
(Prior code Appendix B § 534; Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.150 Flood plain.
Flood plains shall be defined for each project by the city. No development shall occur until the fill reaches one foot above flood plain level or as prescribed by the city and until installation of drainage works or other conditions set by the city are fulfilled.
(Prior code Appendix B § 535; Ord. 001-2024, 2/20/2024)
§ 17.44.160 Roads in scenic areas.
A.
Purpose and Applicability. These regulations for roads through scenic areas are intended to protect recreation values, scenic features, and gateway areas, promote economic sustainability and prosperity, and preserve the city's small town character along State Route 12. Projects requiring site plan and architectural review shall be submitted to the planning commission and comply with these requirements. All uses established pursuant to the provisions of this chapter shall be developed with adequate arrangements for vehicle movement and off-street parking. The intent of these standards is to apply to both public and private projects with frontage on scenic areas as designated on the general plan map and at gateway areas to the city, such as the area along State Route 12 between Summerset Drive and Sierra Drive and between Front Street and the Helen Madere Bridge. "Scenic area" applies to parcels with frontage adjacent to these roadway areas.
B.
Development Standards. Development standards are as follows:
1.
Scenic Area Sign Ordinance.
a.
General Provision. No sign or other advertising display shall be placed or maintained within city or state road rights-of-way and/or within 50 feet of the rights-of-way unless required by state or other local code for directional or safety purposes.
b.
On-Site Signs—All Zones. The following on-site signs may be placed or maintained within a scenic area in any zone subject to the regulations of the zone such as size, location, number, height and illumination. This section shall not be construed to authorize any sign not otherwise permitted by the city's zoning ordinance.
c.
On-Site Signs. On-site signs may be erected and maintained on property located along the scenic route subject to the regulations set forth in this section and/or Chapter 17.56, Signs. Where the regulations conflict, the more restrictive shall apply. Maximum sign areas permitted are not to be considered a right, but must be designed in a scale intended to complement the topography, site development, and character of the property.
d.
Signs within Court Yards and Malls. The number of signs erected within court yards or mall spaces shall not be restricted provided the signs are located within a commercial complex in the buildable area of the lot and not visible from the public right-of-way.
e.
Sign Orientation. Signs shall not be oriented to scenic areas, except that such a sign may be oriented to the point of primary vehicular access to the property upon which the on-site sign is located even though the sign may be incidentally oriented to a route in a scenic area.
f.
Nonconforming Signs—Required Removal of Nonconforming Signs. Any outdoor advertising sign or outdoor advertising structure which exists as a nonconforming use in a scenic area may continue as provided for nonconforming uses, except that every such sign or structure shall be removed within a period of five years from and after the time that such sign or structure becomes a nonconforming use.
g.
Signs shall be used for identification purposes and shall be externally illuminated and nonmoving.
2.
Land Use Regulations.
a.
Uses permitted shall be as described in designated zoning districts adjacent to subject roadways.
b.
Land development shall allow sufficient right-of-way along scenic corridors to allow for landscape and multi-modal transportation amenities such as pedestrian/bicycle trails or transit facilities. Examples of transit facilities could include, but are not limited to, a covered bus stop, constructed of natural materials and landscaped, or park and ride facilities with significant parking lot landscaping.
c.
Land development shall provide adequate connectivity between trail corridors to encourage safe use of trail corridors and increase the sense of community.
d.
Landscaping.
i.
Landscaping along State Route 12 and gateway areas, with the exception of areas that provide a direct view corridor to the Sacramento River Delta waterway, shall include a significant urban treescape to provide a tree canopy along the roadway for shading, aesthetic, air quality and traffic calming purposes and shall be planted as close as is practical to the roadway while considering tree health and traffic safety matters. These standards may be waived or modified by the planning commission where other significant environmental considerations exist. Examples of significant considerations include preservation of wetlands habitat or significant view corridors.
ii.
Where appropriate, specimen size trees shall be preserved in place or installed at key commercial development nodes. Landscaped areas adjacent to large development projects of five or more acres shall be improved with treescape plantings during the first or one of the first phases of the project to allow for significant tree growth prior to significant increase in pavement installation, building construction and associated aesthetic and urban heat island impacts. Maintenance of plantings in a thriving condition shall be required.
iii.
Median strip areas within scenic roadway areas shall be planted with live vegetation utilizing drought tolerant or native plantings including the installation of shrubs and trees where curved or hilly roadway areas will not create line-of-sight issues.
iv.
Revegetation and erosion control shall be provided in all newly-graded areas.
v.
Grading during the wet seasons (November to March) shall be discouraged.
vi.
Utilities shall be undergrounded, where possible, to promote the retention and health of landscaping along the roadway.
(Ord. 647 § 2, 2010; Ord. 001-2024, 2/20/2024)
§ 17.44.170 Rental housing.
§ 17.44.180 Transitional and supportive housing.
A.
Supportive and Transitional Housing, Generally. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B.
Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning districts where multifamily and mixed use residential development are permitted provided the development satisfies all of the following requirements:
1.
All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2.
100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
3.
At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4.
The developer shall provide the information required by California Government Code Section 65652 to the planning division.
5.
Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a.
For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.
b.
For a development with more than 20 units, at least 3% of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
7.
Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8.
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
a.
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b.
Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
c.
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(Ord. 001-2024, 2/20/2024)