Permitted and conditionally permitted uses for various zone districts.

Prescriptive development standards including setbacks, height requirements, parking standards, and floor area ratios.

Development guidelines addressing buffers and adjacency issues, landscaping, entry monumentation, and public realm improvements.

Entitlement processes that vary from applications throughout the remainder of the City of Roseville.

Downtown sign regulations.

Details that define the character of the Downtown Specific Plan Area.

Downtown Specific Plan Area incentives.

Parcel specific considerations.

As used herein, the terms and phrases shall have the same meaning as defined in this section and in Section 9.11.020 of this Code.

Establishment of an Adult-Oriented Business. As used herein, to “establish” an adult-oriented business shall mean and include any of the following:

No such business shall be established or located within 100 feet of any other adult-oriented business.

No such business shall be established or located within 500 feet of any existing residential zone or use, park, church, school or child or family-oriented business as defined in Section 9.11.020(E) of this Code.

The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business for a period of 60 days or more shall result in a loss of legal nonconforming status of such use.

Amortization of Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 19.32.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 19.32.050.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 19.32.040 may be filed by the owner of the real property upon which such use is operated.

Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

Hearing Procedure. The City Clerk shall set the matter for hearing within 45 days of receipt of the application. All interested persons shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.

Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Council makes all of the following findings or such other findings as are required by law.

Atlantic Street Corridor Specific Plan. Consists of approximately 73 acres of land and is generally bounded by Atlantic Street to the north, Shearer Street or the Dry Creek Open Space to the south, Interstate 80 to the east, and Folsom Road to the west.

Douglas-Harding Corridor Specific Plan. Consists of approximately 152 acres of land and is generally bounded by Lead Hill Road to the north, Douglas Boulevard to the south, Interstate 80 to the east, and Park Drive to the west.

Douglas-Sunrise Corridor Specific Plan. Consists of approximately 251 acres of land and is generally bounded by Lead Hill Road to the north, Coloma Road to the south, Rocky Ridge Drive to the east, and Interstate 80 to the west.

General. Land uses within the Corridor Plans are implemented through application of zone districts. In recognition of the goals of the Corridor Plans this special area district ("District") applies to all Multifamily Residential (R3), Business Professional (BP), Neighborhood Commercial (NC), Community Commercial (CC), and General Commercial (GC) zone districts within the Specific Plan boundaries within the Corridor Plans. The district standards do not apply to any zone districts not listed in the tables below, such as the Single-Family (R1), Small-Lot (RS), or Two-Family (R2) Residential zone districts. The district customizes the permitted uses of general zone districts to reflect the unique nature and community character goals of the Specific Plan.

Permitted Use Types. Use tables are provided for each of the three Corridor Plans. The tables specify permitted uses, conditionally permitted uses, administratively permitted uses, and prohibited uses for certain zoning designations within the Specific Plan. Principally permitted uses (P) indicate that the use is allowed in the specified zone. Conditionally and administratively permitted uses require the granting of a Conditional Use Permit (CUP) or Administrative Permit (A), respectively, as provided in Chapters 19.72 and 19.74 of the Roseville Municipal Code. Prohibited uses (-) are not allowed in the specified zone district. Use type classifications are defined in Chapter 19.08 of the Roseville Municipal Code. This district relies on the classification system and definitions established in the Roseville Municipal Code.

A zone district which is not listed within the tables below is regulated in accordance with Article II of Title 19. A use which is listed within the permitted use tables of Article II of Title 19, but is not listed below is generally prohibited. Where a use is not specifically listed in either Article II of Title 19 or the tables below, the Planning Manager may determine whether the use is generally consistent or of the same general character as one or more listed uses to determine whether the use is permitted. Existing buildings, structures, and uses permitted within the Specific Plan area as of the effective date of this chapter shall continue to be permitted and exempt from the requirements of this chapter as legal nonconforming.

Uses and Zone Districts Not Listed. A use which is listed within the Roseville Municipal Code, but is not listed in the tables in this chapter is generally prohibited. Where a use is not specifically listed in either the tables in this chapter or within the other sections of Title 19 of the Roseville Municipal Code, the Planning Manager may determine whether the use is generally consistent or of the same general character as one or more listed uses to determine whether the use is permitted. For parcels within the Single-Family (R1), Small-Lot (RS), or Two-Family (R2) Residential zone district, refer to the list of allowable uses in Section 19.10.020 of this title. For parcels within the Industrial (M2) zone district, refer to the list of allowable uses in Section 19.14.020 of this title. For parcels within the Floodway (FW) and Floodway Fringe (FF) zone district, refer to Section 19.18.040 of this title.

Legal Nonconforming Uses. Existing buildings, structures, and uses permitted within the Corridor Plan boundaries as of the effective date of this chapter shall continue to be permitted and exempt from the requirements of this chapter as legal nonconforming. Uses which would require a Conditional Use Permit or Administrative Permit, but which were previously permitted prior to adoption of this District shall be deemed to have obtained the required Conditional Use Permit or Administrative Permit.

General. The Corridor Plans include many properties where the existing use of the land is nonconforming, which means the use is not permitted within the underlying zone. In order to facilitate greater investment in and improvement of older nonconforming buildings and properties, this district provides for some degree of expansion of use. The following subsection B supersedes Roseville Municipal Code Section 19.24.020, Nonconforming Uses and Structures, for those properties located in the Corridor Plans.

Nonconforming Uses and Structures. A nonconforming use may be continued, and may only be enlarged or increased, or extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use, as follows below. For the purposes of this section, expansion includes enlargement, extension, reconstruction, or structural alteration of a building or site.

General. These procedures simplify and streamline the development review process and remove barriers to reinvestment, particularly for high density housing and commercial reinvestment. These procedures are also applicable to project consistent with the Atlantic Street Corridor Policy 2.2 or Douglas-Harding Corridor Specific Plan Policy 1.5 regarding preservation and reuse.

Façade Improvements and Minor Alterations. Façade improvements and other minor alterations consistent with the provisions of the Specific Plan Design Guidelines will be approved through the Minor Design Review Permit process. Façade improvements include color changes and/or the introduction of new exterior building materials, doors, or windows; wall murals; the addition of exterior ornamentation such as awnings and lighting; or other exterior alterations or exterior remodels to existing buildings or structures. Other minor alterations include changes which are in substantial conformance with the existing site development and/or previously approved permit and do not create the need for new parking or affect existing parking or access designs.

Minor Additions and Minor Site Improvements—Nonresidential. An addition to existing structures that is no greater than 15 percent of the total existing building footprint on the site is considered minor, for the purposes of this section. Minor site improvements include changes to landscaping, lighting, utilities, parking, access, or circulation which do not require supporting technical studies such as a short-term traffic study, water supply assessment, or similar, subject to the discretion of the Planning Manager. Minor additions and site improvements will be approved through the Minor Design Review Permit process. At the discretion of the Planning Manager, this process may also be used for projects incorporating preservation or adaptive reuse, if applicable, as defined and described by the Atlantic Street Corridor or Douglas-Harding Corridor Specific Plan.

This streamlined process may only be used one time during the duration of the Specific Plans; subsequent additions will be subject to the City’s standard Design Review Permit or Design Review Permit Modification process. To qualify for the streamlined process, additions, site improvements, and associated renovations to existing structures will be required to enhance the opportunity of the building and existing onsite improvements to meet the criteria of the Design Guidelines (e.g., sidewalk widening) and must conform to design guidelines and standards.

Additions and New Construction—High Density Residential. Design Review Permits for High Density Residential projects (including vertical mixed-use projects) with a minimum density of 25 units per acre which are consistent with the provisions of the Specific Plan Design Guidelines will be processed consistent with Roseville Municipal Code Section 19.78.020 “Type A” projects, provided they conform to the applicable development standards and design guidelines. Projects which do not conform are not eligible for this process. If the property has existing site improvements, the project will be required to enhance the opportunity of the existing improvements on the site to meet the criteria of the Specific Plan Design Guidelines (e.g., sidewalk widening). Note that projects providing a minimum of 20 percent of the units for extremely low, very low, or low-income households are eligible to use the City’s ministerial Objective Design Standards process.

Parking Reduction. If an applicant believes the number of required parking spaces is not applicable, they may request a parking reduction pursuant to Roseville Municipal Code Section 19.26.030. However, where a parking reduction is requested as part of a Design Review Permit application for development or redevelopment pursuant to this district, the parking reduction will not require a separate Administrative Permit; the request shall be part of the Design Review entitlement.

Telecommunications facilities are permitted as identified in Article II. Satellite dish antennas and ham radio antennas are permitted as accessory structures pursuant to Section 19.22.030.

The following types of telecommunication facilities are exempt from permit provided they meet the following requirements:

The following telecommunication facilities may be approved pursuant to an Administrative Permit and must comply with Federal Communications Commission “shot clock” ruling as necessary.

Cellular facilities and equipment that does not conform to the provisions identified within subsections A and B may be approved pursuant to approval of a Conditional Use Permit.

The following activities are prohibited on telecommunication facilities.

Residential Standards. In addition to the general requirements in Section 19.34.030, the following shall apply:

Commercial and Industrial Standards. The following requirements shall apply to satellite antennas in all commercial and industrial zones established by Article II:

Height Measurement. The height of a moveable or adjustable antenna shall be measured at its highest potential position (i.e., with the face plane of a satellite dish antenna parallel to the support post) from natural grade.

Location. Bus depots shall be located near freeway access or arterial streets so that buses do not travel through residential zone districts.

Driveways. The location of driveways shall be approved by the public works department.

Limitation on Use. Bus depots may include services for ticket sales, passenger loading, or freight handling, but shall not include overnight storage of buses, refueling, or maintenance and repair of buses.

Site Access. Ingress/egress points should be of sufficient width to accommodate the turning movements of both a bus and other vehicles simultaneously.

Turning Lanes. Special turning lanes may be required to reduce traffic conflicts.

On-Site Circulation. On-site circulation should be designed to allow looped one-way ingress/egress. In the case of an existing development, circulation of buses should not conflict with the functioning of the existing development.

Loading Areas. On-site loading zones should be installed to accommodate the stacking of three buses:

Parking. Off-street parking shall be provided to accommodate the use as determined by the Approving Authority.

Additional measures as may be deemed necessary, including, but not limited to, sound walls, landscaping and other site design modifications, to alleviate noise, aesthetic and other impacts.

Self-contained reciprocal parking.

Signage and identity for occupants/tenants.

Common conference facility.

Exercise facility, showers and lockers.

On-site restaurants (or close proximity to food service).

Location. A corporate center may be located at sites identified on the recommended corporate center sites map, as adopted by Council.

Height. Height limits for buildings within designated corporate center sites shall be established by the Design Review Permit or major project permit. See Chapter 19.74 or 19.82.

Parking. Parking requirements for buildings within designated corporate center sites shall be in accordance with Chapter 19.26 with the following exception:

Emergency shelters are allowed as identified in Article II.

An emergency shelter that meets the requirements of Section 19.38.030 is exempt from a Conditional Use Permit when located in the MP zone. An emergency shelter proposed within the GC, HC, CMU, M1, M2, and MMU zones require approval of a Conditional Use Permit.

An emergency shelter within the MP zone shall not operate prior to approval of a zoning clearance certification in accordance with Chapter 19.72.

Distance Separation Requirements. No emergency shelter shall be located within 250 feet of any other emergency shelter.

Occupancy. An emergency shelter shall not exceed 40 residents, excluding staff.

Length of Occupancy. Any single resident’s stay shall not exceed six consecutive months.

Zone Specific Development Standards. An emergency shelter shall comply with all development standards of the applicable zoning district in which it is located.

Parking Requirements. Emergency shelters shall provide one parking space for every staff member.

Management. An emergency shelter must adequately comply with the management standards:

When Conditional Use Permit Required. An emergency shelter that does not meet the development and management standards of this section or is located within the GC, HC, CMU, M1, M2, and MMU zones shall be required to obtain a Conditional Use Permit.

An emergency shelter in lawful existence prior to the effective date of the ordinance codified in this chapter may continue to operate as a nonconforming use.

Closure or cessation of a nonconforming use for a period of six consecutive months shall terminate its legal nonconforming status, and any person or entity who intends to resume operations of the nonconforming use must first obtain a permit as required under this chapter.

Any alteration or expansion of the nonconforming use involving more than 10 percent of its gross floor area shall subject the nonconforming use to the requirements of this chapter and the appropriate permit must be obtained prior to alteration or expansion.

Permit Required. No person or entity shall operate or maintain a food service facility without first obtaining a permit. An Administrative Permit will be issued pursuant to this chapter if the standards in this section are met.

Location. The food service facility may be located only in GC, HC, CMU, M1, M2, and MMU zones.

Distance Separation Requirements. A Conditional Use Permit shall be required of any food service facility to be located within 500 feet of any preschool, elementary school, high school, or any zone where food service facilities are not permitted. The food service facility shall be located no closer than 1,000 feet from any other food service facility, or any other social service as defined in Section 19.08.070(K)(1) and (K)(3) of this title, unless the facility is located within the same building or on the same lot.

Occupancy. The food service facility shall serve no more than 12 persons per day, unless such facility has first obtained a Conditional Use Permit.

Development Standards. The food service facility shall comply with development standards of the applicable zoning district. The facility shall provide one parking space for every staff person and one parking space for every four seats within the facility.

Business Practices. The food service facility must comply with the following business practices:

When Conditional Use Permit Required. If a food service facility does not meet the standards as set forth in this section, such facility shall be required to obtain a Conditional Use Permit in accordance with Chapter 19.74. If a food service facility is combined with any other social service facility on the same lot, such facility shall be required to obtain a Conditional Use Permit in accordance with Chapter 19.74.

Conditions of Approval—Findings. In review of an application for a Conditional Use Permit for a food service facility, the Planning Commission shall review the requirements of this section and may approve reasonable deviations from the requirements of this section and may place additional conditions consistent with protecting the public health, safety, and welfare. The Planning Commission shall make a specific finding that such deviations and/or additional conditions protect the public health, safety and welfare. The Planning Commission shall make a specific finding that such deviations and/or additional conditions are consistent with the requirements of all applicable zoning and developmental standards. There shall be no deviations from the requirements of subsection B.

A food service facility lawfully in existence prior to the effective date of the ordinance codified in this chapter may continue to operate as a nonconforming use.

Closure or cessation of a nonconforming use for a period of six consecutive months shall terminate its legal nonconforming status, and any person or entity who intends to resume operations of the nonconforming use must first obtain a permit as required under this chapter.

Any alteration or expansion of the nonconforming use involving more than 10 percent of its floor space shall subject the nonconforming use to the requirements of this chapter and the appropriate permit must be obtained prior to alteration or expansion.

Permit Required. No person or entity shall operate or maintain a food distribution facility without first obtaining a permit. An Administrative Permit will be issued pursuant to this chapter if the standards in this section are met.

Location. A food distribution facility may be located only in GC, HC, CMU, M1, M2, and MMU zones.

Distance Separation Requirements. A Conditional Use Permit shall be required for any food distribution facility located within 500 feet of any preschool, elementary school, high school, or any zone where food distribution facilities are not permitted. A food distribution facility may be located no closer than 1,000 feet from any other food distribution or social service facility as defined in Section 19.08.070(K)(2) or (K)(3) of this title, unless the facility is located within the same building or on the same lot.

Size. A facility which exceeds 600 square feet shall require a Conditional Use Permit.

Development Standards. The food distribution facility shall comply with all development standards of the applicable zoning district. The facility shall provide one parking space for every staff person and one parking space for every 500 square feet of floor area.

Business Practices. The food distribution facility must comply with the following business practices:

When Conditional Use Permit Required. A food distribution facility which does not meet the standards set forth in this section, shall be required to obtain a Conditional Use Permit in accordance with Chapter 19.74. Any food distribution facility combined with any other social service facility on the same lot shall be required to obtain a Conditional Use Permit in accordance with Chapter 19.74.

Conditions of Approval—Findings. In review of an application for a Conditional Use Permit for a food distribution facility, the Planning Commission shall review the requirements of this section and may approve reasonable deviations from the requirements of this section and may place additional conditions consistent with protecting public health, safety and welfare. The Planning Commission shall make a specific finding that such deviations and/or additional conditions protect the public health, safety and welfare. The Planning Commission shall make a specific finding that such deviations and/or additional conditions are consistent with the requirements of all applicable zoning and developmental standards. There shall be no deviations from the requirements of subsection B.

A food distribution facility lawfully in existence prior to the effective date of the ordinance codified in this chapter may continue to operate as a nonconforming use.

Closure or cessation of a nonconforming use for a period of six consecutive months shall terminate its legal nonconforming status, and any person or entity who intends to resume operations of the nonconforming use must first obtain a permit as required under this chapter.

Any alteration or expansion of the nonconforming use involving more than 10 percent of its floor space shall subject the nonconforming use to the requirements of this chapter and the appropriate permit must be obtained prior to alteration or expansion.

Fire arms and ammunition sales;

Kennel services;

Retail or wholesale sales with transfer of products to the buyer at the residential site. The operation of a home occupation shall not necessitate the rendering of services, merchandise sales, or distribution of merchandise to customers or clients on the premises, with the exception of private instruction;

Vehicle or vehicle body, repair or painting; or

Any use or activity that affects the character of the surrounding residential neighborhood by generating more noise, odors, vehicles, storage, or traffic than would be normally expected in a residential zone.

A home occupation shall not be conducted prior to approval of a zoning clearance certification in accordance with Chapter 19.72. Renters shall provide written evidence of owner approval of a home occupation with their application for a zoning clearance certification.

If a home occupation does not conform to the performance standards of this chapter, approval of an Administrative Permit is required. The operation of a home occupation which requires personal contact with customers or employees at the subject site requires approval of an Administrative Permit pursuant to Chapter 19.74.

All Activities Indoors. All home occupation activities shall occur indoors within the dwelling or enclosed accessory structures. No home occupation activity shall occur outside at any time, nor shall any equipment or material relating to the home occupation be parked or stored outside the residence at any time.

Customers. Personal contact with customers at the residence is prohibited except when authorized by the Approving Authority through approval of an Administrative Permit.

Deliveries. No delivery shall be by vehicles larger than an automobile, pickup, or typical delivery van.

Employees. A home occupation shall be operated by no more than two individuals, both of whom shall be residents of the dwelling. Both residents shall be listed on the application for home occupation. No other person shall operate, or perform any function of the business at the residence. Personal contact with any employees shall not be allowed at the residence at any time unless authorized through the approval of an Administrative Permit.

Flammable or Hazardous Materials. A home occupation involving the storage of flammable or hazardous materials shall not be allowed unless the fire department approves, in writing, the amount and method of such storage of materials.

Inspection Required. The City of Roseville may, at all reasonable times during normal business hours, enter the premises for the purpose of inspecting to determine whether or not the conditions of this chapter are being complied with.

Maximum Area. The home occupation shall not require the use of more than 15 percent of the total floor area of the dwelling (including garage and detached accessory buildings). The home occupation shall not result in any addition to, alteration of, or exterior remodeling of, the dwelling, garage or accessory structures.

Merchandise for Sale. The making of merchandise for sale is permitted providing that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup or typical delivery van.

Parking. No home occupation shall result in the elimination of required off-street parking spaces.

Signs. No signs advertising the home occupation shall be allowed, except one vehicle used for the home occupation may display the business name.

Vehicles. Not more than one vehicle specifically designated to be used for a home occupation shall be parked at the subject residence at any time. Such allowed vehicle shall not be larger than a standard pickup or delivery van. No commercial vehicles or trailers shall be parked at the residence at any time.

Noise, Odors. A home occupation shall not create adverse levels of noise or odors above the ambient levels in the surrounding neighborhood.

Equipment. No equipment (other than a permitted vehicle) or material relating to a home occupation shall be parked or stored outside the subject residence.

Private Instruction. A maximum of one student at a time is permitted for home occupations exclusively providing private instruction. Additional students may be permitted upon approval of an Administrative Permit. Examples of private instruction home occupations include music lessons and personal tutoring.

Location. Consistent with Section 1596.72 of the Health and Safety Code as may be amended from time to time, a large family day care home may be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses.

Noise. It is intended that noise from outdoor play areas be kept to a level consistent with residential neighborhoods. To attain this intent and reduce possible noise impacts, outdoor play/activity areas shall only be used between the hours of 8:00 a.m. to 6:00 p.m. Additionally, radio or other electronic amplification devices, if used, shall be played at volumes which are not audible beyond the exterior boundary of the large family day care home site.

Location. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses.

Low Barrier Navigation Centers shall remain in effect only until January 1, 2027, or unless otherwise extended by the State.

Individual mobile home space minimum setbacks shall be measured from the edge of internal streets and space lines as follows:

Maximum mobile home space coverage (mobile home and its accessory structures) shall be 75 percent.

Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade.

All on-site utilities shall be installed underground.

Each mobile home shall be provided with parking as required by Chapter 19.26 (Off-Street Parking and Loading).

A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of 400 square feet of recreational space for each mobile home space.

All exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence, landscaping or other comparable device six feet in height, with a minimum six-foot wide landscaping area provided along the outside of the perimeter screen.

Common open space shall be landscaped in accordance with a landscape plan approved by the Approving Authority.

All mobile home park developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter-barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities.

Open air vending facilities may be permitted on commercial, business professional or industrial zoned private property and specific locations on said property subject to the approval of an Administrative Permit by the Planning Manager, pursuant to Chapter 19.74.

The operation of an open air vending facility within the public right-of-way shall require the approval of a Conditional Use Permit pursuant to Chapter 19.74 of this title.

The use shall be on improved private property unless a Conditional Use Permit, pursuant to Section 19.74.010(B), is approved (improved private property shall be defined as a property which has a paved legal access and adequate hardscaping to accommodate an open air vending facility);

The use shall not be within 200 feet of another open air vending facility;

The use shall not be within 15 feet of any fire hydrant;

The use shall not occupy required off-street parking spaces or required landscape areas, and shall not be located on a pedestrian path/sidewalk that is less than 10 feet in width. A minimum of a six-foot path of travel shall be maintained around the facility;

The use shall not be located within any required landscaping setback adjacent to a public street;

The use shall not exceed more than 200 square feet in area;

At an intersection, the use shall be located outside of a 30-foot by 30-foot commercial clear vision triangle (Chapter 19.95, Definitions);

The use shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance;

The area on which the open air vending facility is located shall be kept free of debris;

The use shall not reflect undesirable light and glare from the designated premises;

The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of an open air vending facility;

The open air vending facility shall not be greater than 10 feet in height;

Signage shall not exceed a total of 30 square feet on a maximum of two signs both of which are required to be attached to the pushcart;

Sale of product shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or any other devices other than those indicated on the approved application;

The use shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary;

The use shall not be closer than 12 feet from the outer edge of any entrance to any building; and

Storage and handling of food shall comply with all applicable county and State requirements.

A minimum horizontal clearance of four feet from the street curb to the tables and chairs shall be maintained at all times, free from open car doors, car bumper overhangs or other encroachments;

Tables and chairs shall be limited to the area immediately adjacent to the restaurant use;

Outdoor restaurant seating may be uncovered, partially covered or fully covered by means of umbrellas, awnings or canopies;

Decorative or accent lighting may be incorporated into the awning or canopy;

Tables and chairs shall be movable unless otherwise approved by the Planning Manager;

Full service eating and drinking establishments using outdoor restaurant seating that is enclosed for service from a single restaurant shall provide one parking space for every 100 square feet of outdoor seating area in addition to indoor parking requirements identified in Section 19.26.030. Fast food establishments using outdoor restaurant seating shall provide one parking space for every 100 square feet of outdoor seating area in addition to indoor parking requirements;

Full service eating and drinking establishments that provide unsecured outdoor restaurant seating, that is available for use by multiple establishments, are not required to provide additional parking provided that the boundary, as required by the State Department of Alcoholic Beverage Control (ABC), is transparent; does not exceed three feet in height, or as required by ABC; and does not include improvements to enclose, cover, or further improve the site such that a building permit would be required or that would create an exclusive use area protected from the elements;

Alcoholic beverages shall not be served or consumed in a public right-of-way;

Outdoor restaurant seating areas shall be maintained free of garbage and other debris; and

Outdoor restaurant seating areas shall not violate any condition of an approved design review or Conditional Use Permit.

No person shall maintain or operate outdoor restaurant seating without first obtaining a zoning clearance certification pursuant to Chapter 19.72.

An encroachment permit pursuant to Roseville Municipal Code Section 13.12.040 must be obtained prior to placement of seats, tables, umbrellas or awnings in a public right-of-way.

Automotive repair which includes, but is not limited to, auto body and paint shop facilities.

Practice facilities for musical bands.

Wood, metal or other working shops whether for business or hobby.

Office and other business uses, except the office for the facility and the storage of personal belongings.

Living quarters for human habitation or the keeping of animal life, except caretaker’s/manager’s quarters.

Storage of hazardous materials as listed in Title 8, California Code of Regulations, Section 5194 as amended, or its successor section or statute.

Sewer, water or electrical services to each of the storage units except electrical services needed for lighting purposes.

When adjacent to residential land uses the hours of operations shall be as follows:

Architecture. The facility, including the caretaker’s/manager’s residence, the storage units and the office shall be designed using roof and building materials and colors compatible with adjacent developments.

Site Design. To minimize visual impact on the adjacent residences, personal storage facilities shall be designed to:

Security. In addition to the requirements of the Building Security Ordinance, to ensure security when personal storage facilities are adjacent to residential land uses the police department may require security measures, such as controlled access, alarms or video cameras.

Lighting. To minimize visual impacts to adjacent properties, personal storage facilities shall provide the following:

Screening. To protect the views from adjacent residential land uses, the personal storage facility shall provide adequate screening which may include:

Exempt from Permit. In addition to the requirements established by Article II, the following power generating facilities are exempt from permit, subject to the City’s Planning Manager’s and/or building official’s determination that the proposed power generating unit or facility will not have an adverse impact on public health and safety:

Permit Required. Power generating facilities requiring a permit are addressed in the permitted use types for residential zones (Section 19.10.020), commercial zones (Section 19.12.020), industrial zones (Section 19.14.020) and civic and resource protection zones (Section 19.16.020).

Residential Standards. The following requirements shall apply to power generating facilities in all residential zones established by Article II:

Commercial and Industrial Standards. The following requirements shall apply to power generating facilities in all commercial and industrial zones established by Article II:

Operation. Emergency power generating facilities shall be limited in usage to times when power is unavailable from the local electric utility due to scheduled blackouts or due to natural disasters which have impacted the utility’s ability to provide service. Limited testing of the facilities is permitted during times in which electricity is available from the utility. Emergency power generating facilities are not permitted to provide a substitute or supplemental power source under normal circumstances when the electric utility is capable of delivering power.

Reverse vending machines; and

Mobile recycling units, such as trucks and trailers, if not located on a given parcel, in a recognized shopping center, or on the property of a single business entity, for more than one day in any calendar month.

Receptacles shall not obstruct any required parking spaces or disrupt either automobile or pedestrian traffic to or within the site. Receptacle(s) shall be located so as not to be detrimental to the appearance of the neighborhood or so as to create a public or private nuisance.

Collection receptacles shall be kept clean, well maintained, neatly painted, and in good operating condition.

Each collection receptacle shall be clearly marked with the name of the organization doing the collection, the recycling business sponsoring or collecting the materials, and the local telephone numbers of each.

Collection receptacles shall be emptied on a regular basis, but not less than once every two weeks. In no event shall material be allowed to overflow the containers. External stacking or collection of materials outside of the collection receptacles is prohibited.

Any litter or spillage shall be immediately removed and cleaned.

Upon termination of a collection campaign or program, receptacles shall be removed and the site restored to its original condition within 48 hours.

The dwelling shall be compatible with the existing neighborhood in terms of height, form, and materials.

Parking shall be provided in conformance with Chapter 19.26 (Off-Street Parking and Loading).

The applicant shall obtain a moving permit from the building department prior to transporting the structure within the City limits of Roseville.

The applicant shall obtain an encroachment permit from the public works department if any work is needed to be performed within the public right-of-way.

Public facilities which may be damaged during the course of construction shall be repaired by the applicant/property owner.

The dwelling shall be placed on a permanent foundation within 120 days of the date of relocation to the site, unless the permit specifically allows for a different time period for such action.

The dwelling shall comply with all applicable building and fire codes.

Any additional requirements as the Planning Manager may deem necessary to ensure the house is compatible with the neighborhood, including, but not limited to, architectural enhancements, additional landscaping, location of ingress/egress from a public street, necessary grading, and hours of moving and/or hours of project construction.

Moving the house is consistent with the City of Roseville General Plan and any applicable specific plan;

Moving the house conforms with all applicable standards and requirements of this title; and

The location, size, design and operating characteristics of the house and the move are compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the neighborhood, or be detrimental or injurious to public or private property or improvements.

Where Allowed. A conversion to condominiums shall be permitted only in the R3, multi-family housing district, residential mixed use district (RMU) and planned development (PD) district.

Minimum Community Vacancy Rate. No conversion to condominiums shall be accepted or approved when the City-wide vacancy rate for multiple unit housing, as determined by the Planning Manager, is equal to or less than five percent averaged over the previous four quarters prior to application submittal. If the averaged vacancy rate exceeds five percent, then an application for a conversion to condominiums may be accepted by the City. A request for conversion shall apply to an entire multi-family housing project and partial conversions shall not be permitted.

Determination of Vacancy Rate. The vacancy rate shall be determined by using information regarding vacancies within multi-family complexes of 50 or more units. Supplemental information on rental vacancies in multi-family complexes of between three and 50 units obtained by City staff, the applicant, or other interested parties may also be utilized if available.

Minimum Multi-Family Rental Unit Pool. No conversion to condominiums shall be accepted or approved if the current percentage of multi-family rental units (within complexes of three or more units) is at or below 15 percent of the total number of housing units within the City. Under no circumstance shall a conversion reduce the percentage of multi-family rental units below 15 percent of the total number of housing units within the City.

Applicants requesting a condominium conversion shall enter into a development agreement which provides for the following:

Lease Agreements. Upon the filing of an application for a condominium conversion, existing tenants living within a project seeking to convert to condominiums shall be allowed to terminate a preexisting lease without penalty. However, any tenant who terminates a lease prior to receiving a notice to vacate from the property owner shall not be entitled to relocation benefits as provided in Section 19.58.070.

Final Map Approval. No final condominium map shall be approved within a period of 90 days following tentative condominium map approval.

A site/development plan;

A detailed list of rents for each unit to be converted for the 12 months prior to the application, a copy of the lease for each unit and the renting history for each unit;

Economic and demographic information regarding the current tenants as required by the Planning Manager;

Evidence that all current tenants have received a notice of intention to convert and notice of purchase rights as required by the Subdivision Map Act;

A tenant relocation assistance plan as provided in Section 19.58.070;

A vacancy rate survey of multi-family rental complexes of at least 50 units or more, located within the City limits of Roseville and current to within six months of the condominium conversion application date, if requested by the Planning Manager; and

Any additional information as the Planning Manager deems necessary.

Plan Content. The tenant relocation assistance plan shall be prepared by the applicant and indicate how the applicant will assist tenants who are displaced or will be displaced in securing decent, safe, sanitary, and affordable replacement housing, not higher in cost than the rent of the existing unit being converted. The plan shall, at a minimum, include a specific commitment by the applicant to provide:

Ownership Incentives. In order to reduce the number of tenants being displaced, the applicant shall consider providing incentives that would aid tenants in becoming owner/shareholders in the converted project. Any such incentives, including terms and conditions, shall be documented and filed with the application to convert. Incentives may include, but are not limited to, low-interest loans, reduced prices, application of a percentage of rent payment toward a down payment for purchase of a unit within the project, or other similar items approved by the Commission. At a minimum, the incentives offered to existing tenants for purchase of a unit within a project shall be equal or greater in value to the dollar amount of compensation provided to tenants who are relocated.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices and/or procedures of the City.

If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Planning Division will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Planning Division at the time that the accommodation may be necessary to ensure equal access to housing.

A completed City application indicating, among other things, the applicant’s name, address and telephone;

Address of the property for which the request is being made;

The current actual use of the property;

The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

The basis for the claim that the person(s) for whom reasonable accommodation is sought is [are] considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

Such other relevant information as may be requested by the Planning Manager or designee.

Grant or deny the accommodation request; or

Grant the accommodation request subject to specified nondiscriminatory condition(s); or

Forward the request to the Planning Commission for consideration as an Administrative Permit as prescribed in Section 19.74.010 and subject to the findings stated in Section 19.59.060.

The housing, which is the subject of the request for reasonable accommodation, will be used for an individual protected under the Act.

The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

The requested reasonable accommodation does not impose an undue financial or administrative burden on the City, and does not fundamentally alter City zoning, development standards, policies or procedures of the City.

Mixed Use and Residential Zones. Accessory dwelling units are principally permitted in the commercial mixed use (CMU), single-family residential (R1), small lot residential (RS), two-family residential (R2), multi-family housing (R3), and residential mixed use (RMU) zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit as defined in Section 19.08.080(F) (Residential Use Types) and the accessory dwelling unit complies with the standards identified in this chapter.

Commercial Zones. Accessory dwelling units are also principally permitted in the neighborhood commercial (NC), community commercial (CC), general commercial (GC), and highway commercial (HC) zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit which has an approved conditional use permit as defined in Section 19.08.080(F) (Residential use types) and the accessory dwelling unit complies with the standards identified in this chapter. If a commercially zoned lot contains an existing single-family, two-family or multi-family dwelling unit which does not have an approved conditional use permit, then the accessory dwelling unit shall be required to obtain an Administrative Permit pursuant to Chapter 19.74 (Permit and Variance Requirements).

Setbacks. No setback shall be required for an accessory dwelling unit, including porches, decks, balconies, stairs, and patios which are attached to and for the use of the accessory dwelling unit, built within the footprint and dimensions of an existing living area or existing structure. Garages are subject to the setbacks of Section 19.22.030 (Accessory structures).

Floor Area. The total floor area of an attached accessory dwelling unit developed within an existing primary dwelling unit shall not exceed the floor area of the existing primary dwelling unit, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing primary dwelling unit is permitted for accommodating ingress and egress. The total floor area for a detached accessory dwelling unit developed within an existing detached accessory structure shall not exceed the floor area of the existing detached accessory structure, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing detached accessory structure is permitted for accommodating ingress and egress. Expansions beyond 150 square feet must comply with the standards set forth in Section 19.60.070 (Development standards for accessory dwelling units proposed as new construction).

Minimum Facilities. Accessory dwelling units developed within existing structures or living areas shall include permanent provisions for independent living, sleeping, eating, cooking, and sanitation within the unit and must include a separate exterior entrance from the primary dwelling unit if the primary dwelling is a single-family dwelling.

Appearance. The accessory dwelling unit shall be designed and constructed with the same architectural style, exterior materials and colors as the primary dwelling. The accessory dwelling unit shall be subordinate to the primary dwelling unit. Manufactured homes shall meet the architectural standards set forth in Section 19.10.030(E) (Residential zone general development standards).

Parking Requirements. Accessory dwelling units developed within existing structures or living areas shall not be required to provide parking. A garage, carport, or covered parking structure shall be subject to the development regulations of Section 19.22.030 (Accessory structures), if the owner chooses to provide parking as part of the accessory dwelling unit. In addition, when a garage, carport, covered parking structure, or uncovered parking space is converted to an accessory dwelling unit, the required off street parking spaces for the primary dwelling unit, if eliminated, do not need to be replaced. If the property owner chooses to replace the parking spaces, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including within the front yard or street side setback, and may be covered spaces subject to conformance with the applicable requirements set forth in Section 19.22.030(C)(2) (Permitted accessory structures to dwelling use type (single-family and two-family)) or Section 19.22.030(D)(3) (Permitted accessory structures to dwelling use type (multi-family)), uncovered spaces or tandem spaces. All replacement parking shall comply with the requirements set forth in Section 11.20.110 (Parking on private property prohibited), Section 19.10.030(F) (Residential zone general development standards), and Section 19.26.040(A) (Design and improvement of parking).

Passageways. No passageways shall be required in conjunction with accessory dwelling units developed within existing structures or living areas.

Building and Fire Codes. Except as otherwise provided in this chapter, accessory dwelling units developed within existing structures or living areas shall comply with all local building and fire codes. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit must be reviewed with the application of the accessory dwelling unit and issued at the same time.

Fire Sprinklers. Accessory dwelling units developed within existing structures or living areas shall not be required to provide fire sprinklers if fire sprinklers were not required for the primary dwelling unit.

Utilities. Accessory dwelling units developed within existing structures or living areas shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the public utility infrastructure, unless the accessory dwelling unit was constructed with a new single-family dwelling unit. However, if necessary utility infrastructure does not exist with capacity available to serve both the primary dwelling unit and the accessory dwelling unit, the property owner shall be responsible for all costs related to installation of necessary infrastructure or upsizing existing infrastructure. Property owners may install a new or separate utility connection directly between the accessory dwelling unit and the public utility infrastructure at the property owner's option and expense.

Height. An accessory dwelling unit shall not exceed the height limits prescribed in Section 19.10.030 (Residential zone general development standards) for the zone in which the accessory dwelling unit will be located, or if not within a residential zone, the height shall not exceed the standards established in Section 19.10.030 for the single-family residential (R1) zone.

Number Permitted. Except as otherwise permitted by subsection M, only one accessory dwelling unit is permitted per lot.

Waivers. Notwithstanding anything to the contrary contained in this title, limits on height, setbacks, lot coverage, floor area ratio, open space, front setbacks, and lot sizes are hereby waived if they do not permit at least an 800-square-foot accessory dwelling unit which provides four-foot rear and side setbacks and meets the following height standards:

Minimum Lot Area. There is no minimum lot area.

Maximum Lot Coverage. There is no maximum lot coverage.

Setbacks. No setback shall be required for an accessory dwelling unit constructed in the same location (i.e., footprint) and to the same dimensions as an existing accessory structure. A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is otherwise newly constructed, including porches, decks, balconies, stairs, and patios which are attached to and for the use of the accessory dwelling unit.

Floor Area. The total floor area of an attached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection E (Unit Sizes). The total floor area for a detached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection E (Unit Sizes).

Minimum Facilities. The accessory dwelling unit shall include permanent provisions for independent living, sleeping, eating, cooking, and sanitation within the unit and must include a separate exterior entrance from the primary dwelling unit if the primary dwelling is a single-family dwelling.

Appearance. The accessory dwelling unit shall be designed and constructed with the same architectural style, exterior materials and colors as the primary dwelling. The accessory dwelling unit shall be subordinate to the primary dwelling unit. Manufactured homes shall meet the architectural standards set forth in Section 19.10.030(E) (Residential zone general development standards).

Parking Requirements. Except as otherwise provided by this chapter, the parking required by this section is in addition to that required for the primary dwelling unit located on the lot by Chapter 19.26 (Off-Street Parking and Loading). Garages, carports, and covered parking structures attached to the accessory dwelling unit and built to satisfy the required parking standards for the accessory dwelling unit are subject to the same setbacks and other development regulations as the accessory dwelling unit.

Passageways. No passageways shall be required in conjunction with the construction of an accessory dwelling unit.

Building and Fire Codes. Except as otherwise provided in this chapter, newly constructed accessory dwelling units shall comply with all local building and fire codes.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers were not required for the primary dwelling unit.

Utilities. New or separate utility connections directly between the accessory dwelling unit and the public utility infrastructure shall only be required if directed by the environmental utilities department or the electric department. In such cases, if necessary utility infrastructure does not exist with capacity available to serve both the primary dwelling unit and the accessory dwelling unit, the property owner shall be responsible for all costs related to installation of necessary infrastructure or upsizing existing infrastructure.

Height. An accessory dwelling unit shall not exceed the height limits prescribed in Section 19.10.030 (Residential zone general development standards) for the zone in which the accessory dwelling unit will be located, or if not within a residential zone, the height shall not exceed the standards established in Section 19.10.030 for the single-family residential (R1) zone.

Number Permitted. Except as otherwise permitted by subsection O, only one accessory dwelling unit is permitted per lot.

Waivers. Notwithstanding anything to the contrary contained in this title, limits on height, setbacks, lot coverage, floor area ratio, open space, front setbacks, and lot sizes are hereby waived if they do not permit at least an 800 square foot accessory dwelling unit which provides four-foot rear and side setbacks and meets the following height standards:

Sales Prohibited, Exceptions. Accessory dwelling units shall not be sold independently of the primary dwelling unit on the lot unless all of the criteria of Government Code Section 66341, as may be amended from time to time, are met, including that the accessory dwelling unit or the primary dwelling unit was built or developed by a qualified nonprofit corporation and there are affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary residence that ensure the accessory dwelling unit and primary dwelling will be preserved for low income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

Rentals. Accessory dwelling units may be rented as long as the rental term exceeds 30 calendar days. Accordingly, short-term rental permits authorized pursuant to Chapter 4.25 (Short-Term Rentals) will not be issued for accessory dwelling units.

Junior accessory dwelling units are principally permitted within areas zoned to allow single-family residential use and must be located on a lot that contains an existing or proposed single-family dwelling unit as defined in Section 19.08.080(F)(2) (Residential use types).

Junior accessory dwelling units are subject to the following conditions:

Junior accessory dwelling units shall not be required to provide parking.

The following constitutes the current list of significant buildings.

The list of properties contained in subsection A may be amended in the manner set forth in Chapter 19.86, Zoning Ordinance Amendments, of this title with the following additional provision:

Permits Required. No person shall demolish or cause to be demolished any significant building without first obtaining approval of a Design Review Permit or Design Review Permit modification in the manner set forth in Chapter 19.76 of this title, unless the building is exempt from such permit, as described in subsection D.

Findings for Demolition. In addition to the required findings for approval of a Design Review Permit or Design Review Permit modification, all of the following findings shall be made, based on substantial evidence.

Mitigations for Demolition. Mitigations for the demolition of a significant building may include, but are not limited to, the following: preservation in place; relocation to another location on the same site; relocation to another site; reuse of architectural elements or building materials from the building; and archival photographic study of the building.

Exemption for Dangerous Building. The requirement to obtain a Design Review Permit approval shall not apply to any significant building that the chief building inspector determines is dangerous to the health and safety of the building occupants, neighbors or public, pursuant to Roseville Municipal Code, Chapter 16.35. The chief building inspector shall set forth in writing the reasons for the determination that the significant building is dangerous to the health and safety of the building occupants, neighbors or public, and therefore immediate demolition is warranted. Upon receipt of notice from the chief building inspector that the dangerous building has been demolished, the Planning Manager shall process an amendment to remove it from the list of significant buildings.

The voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq., and entitled, “The Compassionate Use Act of 1996”).

The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to be able to obtain and use it without fear of State criminal prosecution under limited, specified circumstances.

The State enacted SB 420 in 2004 to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420.

The State further enacted SB 643, SB 266, and AB 243 in 2015 to further clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations, consistent with State law, for regulating marijuana distribution, cultivation, delivery, and transportation within their cities.

In 2016 the voters of the State of California approved Proposition 64 entitled, “The Adult Use of Marijuana Act”, which legalized limited recreational use of marijuana.

In 2017 the State enacted SB 94 to reconcile the Adult Use of Marijuana Act with prior State law on medical marijuana use.

The Federal Controlled Substances Act, makes it unlawful to manufacture, distribute, dispense, or possess marijuana as it is a Schedule 1 controlled substance. Accordingly, marijuana possession and use is illegal under Federal law.

It is unlawful and a public nuisance to violate any of the provisions of this chapter and City shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in Chapter 2.52 of this code.

Violation of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the City Attorney.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.

In addition to the civil remedies and criminal penalties set forth herein, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by City ordinance.

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under State law or other City ordinances.

Purpose. The purpose and intent of this chapter is to regulate the cultivation of marijuana in a manner that protects the health, safety and welfare of the community. This chapter is not intended to interfere with a person’s right to marijuana, as provided for under State law, as may be amended, nor does it criminalize marijuana possession or cultivation by specifically defined classifications of persons, pursuant to State law. This chapter is not intended to give any person independent legal authority to grow marijuana; it is intended simply to impose zoning restrictions on the cultivation of marijuana when it is authorized by California State law.

Applicability. No part of this chapter shall be deemed to conflict with Federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, State or Federal law, statute, rule or regulation. The cultivation of marijuana in the City of Roseville is controlled by the provisions of this chapter of the municipal code, State law, and Federal law.

When authorized by State law, an authorized grower shall be allowed to cultivate marijuana indoors in a private residence or accessory structure in residential zones, subject to the following regulations:

Any proposed marijuana cultivation by an authorized grower for a medical purpose that does not meet the grow area standard of subsection (A)(1) shall require the prior written determination of the City Manager for the City of Roseville, or designee, of the need for additional cultivation area.

Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public.

Repeated responses to the parcel, property, and/or private residence, from law enforcement officers.

A repeated disruption to the free passage of persons or vehicles in the immediate neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area, including, but not limited to, smoking or ingesting marijuana or marijuana products in any public place, smoking marijuana or marijuana products in a location where smoking tobacco is prohibited, or any other prohibited activities outlined in California Health and Safety Code Section 11362.3, as may be amended from time to time.

Public Nuisance. Violation of this section is hereby declared to be a public nuisance.

Abatement. A violation of this section may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection C of this section.