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Sacramento City Zoning Code

Division VI

ARCHITECTURAL DESIGN AND SITE DEVELOPMENT STANDARDS, DESIGN REVIEW DISTRICTS, HISTORIC PRESERVATION, AND REGISTERED HOUSE PLANS

17.608.010 Purpose.

The purpose of this chapter is to implement general plan goals and policies by establishing off-street vehicle and bicycle parking requirements that balance the city's goal to encourage walking, bicycling, and transit use with the goal to meet the needs of shoppers, visitors, and employees and other workers. Off-street parking requirements are based on the needs of the community and consider the context of the neighborhood, transit availability, on-street parking availability, density and mix of uses, walkability, and the use of alternative modes of transportation. Parking requirements are designed to accommodate average day-to-day demand, as opposed to peak demand, to reduce excessive off-street parking and free up land for more economically productive uses. It is also the purpose of this chapter to provide flexibility and allow alternative means of addressing parking demand. (Ord. 2025-0007 § 31; Ord. 2024-0017 § 56; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.020 General provisions.

   A.   Off-street parking requirement. Off-street vehicle and bicycle parking shall be provided and maintained for all existing and new development at the ratios specified in and in accordance with the standards and requirements of this chapter.
   B.   Parking to be provided on-site. Required off-street parking shall be provided and maintained on the same parcel or integrated development site as the land use it is intended to serve, except as provided in section 17.608.060. An integrated development site is a site consisting of two or more contiguous parcels sharing parking facilities with reciprocal access and parking easements or similar shared-parking agreements.
   C.   Calculation of the off-street parking requirement. The maximum number of off-street vehicle and minimum number of bicycle parking spaces shall be rounded in accordance with section 17.104.050.C.
   D.   Expansion or change in use of existing buildings and structures that do not meet current parking requirements. The following rules apply to buildings and uses that met all applicable parking requirements when initially constructed or established, but that do not meet current parking requirements due to changes to the building or use.
      1.   Increases in building size.
         a.   When there is an increase in gross building square footage or, in the case of a residential project, an increase in the number of residential units, additional bicycle parking shall be provided in accordance with chapter 17.608 unless—
            i.   the increase in building square footage is less than 15% or, in the case of a residential project, the increase in the number of residential units is less than 15%; and
            ii.   it is physically infeasible to accommodate the additional bicycle spaces.
         b.   When additional bicycle parking is required by this subsection D.1, it is required only for the additional gross building square footage or residential units.
      2.   Change in use.
         a.   When a conditional use permit is required for a new use, parking shall be provided in accordance with chapter 17.608.
         b.   When a conditional use permit is not required, no additional bicycle parking is required.
   E.   Restaurant outdoor seating. Square footage allocated to restaurant outdoor seating is not included in calculating the minimum off-street vehicle parking requirement for restaurants.
   F.   Affordable housing and senior housing.
      1.   The bicycle parking requirement is reduced by 50% for each senior housing unit.
      2.   For purposes of this section, an "affordable housing unit" is a housing unit restricted to occupancy by a lower or very low income household as defined in California Health and Safety Code section 50079.5. A "senior housing unit" is a housing unit restricted to occupancy based on age requirements for older persons under California Civil Code section 51.3.
   G.   Accessibility and electric vehicle charging.
      1.   If a building permit requires an existing off-street parking facility to comply with any building standards or other requirements in the Sacramento City Building Code related to accessibility, or if accessible parking spaces are otherwise created, the number of parking spaces required by this title may be reduced, redesigned, and restriped as necessary without issuance of a permit under this title.
      2.   If a building permit requires an existing off-street parking facility to comply with any building standards or other requirements in the Sacramento City Building Code related to electric vehicle charging spaces or if electric vehicle charging spaces are otherwise created, the number of parking spaces required by this title may be reduced, redesigned and restriped, as necessary without issuance of a permit under this title.
   H.   Exemptions for small lots. Off-street parking is not required for nonresidential uses on lots of 6,400 square feet or less.
   I.   Exemptions for nonresidential uses in residential mixed use development. Off-street parking is not required for non-residential uses in mixed use buildings in which at least 50% of the building's square footage is devoted to residential uses.
   J.   Exemptions for adaptive reuse. Bicycle parking is not required for those portions of historic resources that are converted from nonresidential uses to residential uses.
   K.   Exemptions for accessory dwelling units and junior accessory dwelling units. When parking is removed in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit, no replacement parking is required for the accessory dwelling unit or other dwelling units on the same lot. (Ord. 2025-0007 § 32; Ord. 2024-0017 § 57; Ord. 2021-0023 § 40; Ord. 2021-0015 § 4; Ord. 2018-0055 § 16; Ord. 2017-0061 § 75; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.030 Parking requirement by land use type and parking district.

   A.   Parking districts established. The following parking districts are established as shown in Figure 17.608-1: Central Business and Arts & Entertainment, Urban, Traditional, and Suburban.
Figure 17.608-1
 
   B.   Maximum number of off-street vehicle parking spaces. Table 17.608.030B establishes the maximum number of off-street vehicle parking spaces allowed for land uses within each parking district. There are no minimum off-street vehicle parking requirements for any land use.
Table 17.608.030B
Maximum On-site Vehicle Parking Spaces by Parking Districts
 
Land Use
Central Business and Arts & entertainment District
Urban District
Traditional District
Suburban District
Auto-sales, storage, rental
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Bar; nightclub
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Bed and breakfast inn
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Commercial service
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Hotel; motel
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Manufacturing, service, and repair
No maximum
Maximum 1 space per 500 gross square feet of building
Maximum 1 space per 500 gross square feet of building
Maximum 1 space per 500 gross square feet of building
Multi-unit dwelling
Maximum 1 space per dwelling unit
No maximum
No maximum
No maximum
Office
Maximum 1 space per 400 gross square feet of building
Maximum 1 space per 250 gross square feet of building
Maximum 1 space per 250 gross square feet of building
Maximum 1 space per 250 gross square feet of building
Restaurant
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Retail store
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Superstore
Maximum 1 space per 400 gross square feet of building
No maximum
No maximum
No maximum
Warehouse; distribution center
No maximum
Maximum 1 space per 500 gross square feet of building
Maximum 1 space per 500 gross square feet of building
Maximum 1 space per 500 gross square feet of building
 
   C.   Bicycle parking requirements. Bicycle parking requirements are established for land uses in each parking district as stated in Table 17.608.030C.
Table 17.608.030C
Bicycle Parking Requirements by Parking Districts
 
Land Use
Central Business and Arts & Entertainment District, Urban District, and Traditional District
Suburban District
1. Residential Uses
Long-Term
Short-Term
Long-Term
Short-Term
Single-unit, duplex dwelling
No spaces required
No spaces required
No spaces required
No spaces required
Accessory dwelling unit
No minimum requirements
No minimum requirements
No minimum requirements
No minimum requirements
Junior accessory dwelling unit
No minimum requirements
No minimum requirements
No minimum requirements
No minimum requirements
Multi-unit dwelling (3 units or more)
a) With private garage or dedicated storage space for each unit
 
 
No spaces required
 
 
0.1 space per 10 dwelling units or 2 spaces, whichever is greater
 
 
No spaces required
 
 
1 space per 20 dwelling units or 2 spaces, whichever is greater
b) Without private garage or dedicated storage space for each unit
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 10 dwelling units or 2 spaces, whichever is greater
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 20 dwelling units or 2 spaces, whichever is greater
Fraternity or sorority house; dormitory
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 10 dwelling units or 2 spaces, whichever is greater
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 2 dwelling units or 2 spaces, whichever is greater
Residential hotel (SRO)
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 10 dwelling units or 2 spaces, whichever is greater
1 space per 2 dwelling units or 2 spaces, whichever is greater
1 space per 20 dwelling units or 2 spaces, whichever is greater
2. Commercial Uses
Long-Term
Short-Term
Long-Term
Short-Term
Auto sales lot, service
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 12,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
Bed and breakfast inn
No spaces required
No spaces required
No spaces required
No spaces required
Commercial services (except those specifically included in table)
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 2,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 12,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 5,000 gross square feet of building or 2 spaces, whichever is greater
Hotel; motel
1 space per 30 rooms or 2 spaces, whichever is greater
1 space per 60 rooms or 2 spaces, whichever is greater
1 space per 40 rooms or 2 spaces, whichever is greater
1 space per 80 rooms or 2 spaces, whichever is greater
Office; medical clinic or office; tutoring center
1 space per 6,667 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
Restaurant; bar; brew pub; wine bar
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 2,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 12,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 5,000 gross square feet of building or 2 spaces, whichever is greater
Retail store
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 2,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 12,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 5,000 gross square feet of building or 2 spaces, whichever is greater
Stand-alone parking facility
1 space per 20 vehicle parking spaces or 2 spaces, whichever is greater
No spaces required
1 space per 20 vehicle parking spaces or 2 spaces, whichever is greater
No spaces required
3. Industrial Uses
Long-Term
Short-Term
Long-Term
Short-Term
Wholesale warehousing and manufacturing
1 space per 12,000 gross square feet of building
2 spaces
1 space per 15,000 gross square feet of building
2 spaces
Towing service, vehicle storage yard
No spaces required
No spaces required
No spaces required
No spaces required
Mini storage; locker building
No spaces required
No spaces required
No spaces required
No spaces required
4. Recreational Uses
Long-Term
Short-Term
Long-Term
Short-Term
Athletic club; fitness studio
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 2,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 12,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 2,400 gross square feet of building or 2 spaces, whichever is greater
Bowling alley
1 space per 10 lanes or 2 spaces, whichever is greater
1 space per 2 lanes or 2 spaces, whichever is greater
1 space per 20 lanes or 2 spaces, whichever is greater
1 space per 4 lanes or 2 spaces, whichever is greater
Card room, bingo, and similar uses with seating
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 3,333 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 6,666 gross square feet of building or 2 spaces, whichever is greater
Pool hall, billiard hall
1 space per 10,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 3,333 gross square feet of building or 2 spaces, whichever is greater
1 space per 20,000 gross square feet of building or 2 spaces, whichever is greater
1 space per 6,666 gross square feet of building or 2 spaces, whichever is greater
Courts for games played with 4 or fewer players, such as racquetball, tennis, handball
1 space per 15 courts or 2 spaces, whichever is greater
1 space per 7.5 courts or 2 spaces, whichever is greater
1 space per 30 courts or 2 spaces, whichever is greater
1 space per 15 courts or 2 spaces, whichever is greater
Indoor fields, such as soccer, volleyball, hockey
((36 x no. of fields + spectator occupancy) ÷ 5)x(0.05) or 2 spaces, whichever is greater)
((36 x no. of fields + spectator occupancy) ÷ 5)x(0.05) or 2 spaces, whichever is greater
((72 x no. of fields + spectator occupancy) ÷ 3)x(0.1) or 2 spaces, whichever is greater
((72 x no. of fields + spectator occupancy) ÷ 3)x(0.1) or 2 spaces, whichever is greater
Batting cages; golf driving range (indoor or outdoor)
1 space per 15 batting stands or tees or 2 spaces, whichever is greater
1 space per 12 batting stands or tees or 2 spaces, whichever is greater
1 space per 30 batting stands or tees or 2 spaces, whichever is greater
1 space per 24 batting stands or tees or 2 spaces, whichever is greater
5. Other Uses
Long-Term
Short-Term
Long-Term
Short-Term
Assembly-cultural, religious, social; theater; night club
1 space per 13 employees or 2 spaces, whichever is greater
Spaces for 5% of occupancy
1 space per 13 employees or 2 spaces, whichever is greater
Spaces for 2% of occupancy
Childcare center
No spaces required
2 spaces
No spaces required
No spaces required
Hospital
1 space per 13 employees or 1 space per 50,000 gross square feet of building, whichever is greater
1 space per 20,000 gross square feet of building, or 2 spaces, whichever is greater
1 space per 20 employees or 1 space per 50,000 gross square feet of building, whichever is greater
1 space per 20,000 gross square feet of building, or 2 spaces, whichever is greater
Kennel
No spaces required
No spaces required
No spaces required
No spaces required
Nursing home
No spaces required
2 spaces
No spaces required
2 spaces
School requiring a conditional use permit
1 space per 7 employees
1 space per 10,000 gross square feet of building
1 space per 15 employees
1 space per 10,000 gross square feet of building
Other
Determined by the Zoning Administrator
 
(Ord. 2025-0007 § 33; Ord. 2024-0017 § 58; Ord. 2021-0023 §§ 41, 42; Ord. 2019-0006 § 11; Ord. 2017-0061 §§ 76, 77; Ord. 2017-0008 § 8; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.040 Development standards for off-street parking facilities.

All parking facilities shall conform to the standards in this section.
   A.   Location of parking. Except for required off-street parking in M- zones and for single unit and duplex dwellings, on-site vehicle parking facilities in the Central Business and Arts & Entertainment District, Urban District, and Traditional District shall be located to the rear or interior side of the building and not in front of the building.
   B.   Use of off-street parking facilities. Off-street parking facilities shall be used for automobile and bicycle parking only. No sales, storage, repair work, dismantling, or servicing of any kind is permitted.
   C.   Off-street parking facility shall function properly. No off-street parking facility shall be approved which, in the judgment of the planning director, cannot properly function due to the site configuration, building obstruction, or restricted access and turning radius, or which requires excessive maneuvering.
   D.   Vehicle parking spaces to function independently. Each parking space in an off-street vehicle parking facilities shall function independently of any other parking space, with the following exceptions:
      1.   Tandem parking spaces. Off-street vehicle parking facilities that serve a single-unit dwelling, duplex dwelling, or multi-unit dwelling, or off-street vehicle parking facilities that are designated by posted sign as parking exclusively for office employees, may utilize tandem parking spaces.
      2.   Attendant parking. Attendant vehicle parking is permitted with a director-level site plan and design review, as provided in section 17.808.120. The director may waive or reduce off-street vehicle parking facility development standards required by this chapter as part of site plan and design review.
      3.   Stacked parking. Off-street vehicle parking structures that utilize mechanical lifts for stacking parked cars are allowed.
   E.   Surfacing, drainage, and striping. Off-street parking facilities shall meet the surfacing and drainage requirements in section 17.612.020. All vehicle parking spaces shall be marked on the parking area.
   F.   Minimum dimensions for vehicle parking spaces.
      1.   Single-unit and duplex dwellings. Unless a parking pad that meets the requirements of section 17.624.060 is provided, the minimum dimensions for a garage or carport shall be 10 feet wide and 20 feet deep. The driveway shall conform to the requirements of chapter 17.508.
      2.   Off-street vehicle parking facilities shall conform to the parking space and maneuvering dimensions in the tables below. Single-unit and duplex dwelling units are exempt from the maneuvering dimensions.
         a.   Standard vehicle spaces. Standard off-street vehicle parking spaces shall meet the following minimum dimensions:
 
Type
Space Width
Space Depth
Maneuvering Width
90 degree
8.5 feet
18 feet
24 feet
60 degree
8.5 feet
19 feet
20 feet; 16 feet for one-way traffic
45 degree
8.5 feet
18 feet
20 feet; 12 feet for one-way traffic
30 degree
8.5 feet
15 feet
20 feet; 11 feet for one-way traffic
Parallel
8 feet
22 feet
20 feet; 11 feet for one-way traffic
Other
To be determined by the planning director
 
         b.   Compact car spaces. Up to 50% of all required and non-required vehicle parking spaces, excluding accessible spaces, may be sized for compact cars. Compact car spaces shall be clearly marked "COMPACT CARS" and shall meet the following minimum dimensions:
 
Type
Space Width
Space Depth
Maneuvering Width
90 degree
8 feet
15 feet
24 feet
60 degree
8 feet
17 feet
20 feet; 16 feet for one-way traffic
45 degree
8 feet
16 feet
20 feet; 12 feet for one-way traffic
30 degree
8 feet
13 feet
20 feet; 11 feet for one-way traffic
Other
To be determined by the planning director
 
         c.   Electric vehicle charging spaces and electric vehicle charging stations. The number of electric vehicle charging spaces and electric vehicle charging stations are determined by the Sacramento city building code. Electric vehicle charging stations shall be clearly marked "EV CHARGING ONLY."
      3.   Scooter and motorcycle spaces. Scooter and motorcycle spaces shall be a minimum of four feet wide and eight feet long.
   G.   Vehicle overhang as planter area. Up to two feet of the required vehicle parking space depth used for a vehicle overhang may be improved and maintained as a planter; provided, that the planter is a minimum of six feet wide and is not located in a required minimum front or street side setback area.
   H.   Access to the required on-site parking shall be provided by a driveway that complies with chapter 17.508.
   I.   Vehicle maneuvering width. Maneuvering width shall not be located in the public right-of-way, except that a public alley may be utilized as required maneuvering space for adjacent parking facilities.
   J.   Setback areas. Except for single-unit and duplex dwellings, off-street vehicle parking spaces and maneuvering areas shall not be located in any required minimum front or street side setback areas.
   K.   Tree shading. Off-street vehicle parking facilities shall comply with the shading and landscaping requirements in chapter 17.612.
   L.   Exterior lighting. Exterior lighting shall be provided for all off-street vehicle and bicycle parking facilities and shall conform to the following requirements:
      1.   Exterior lighting shall meet the following performance standards:
         a.   Minimum maintained illumination of 1½ foot-candles per square foot of parking area during business hours; and
         b.   Minimum maintained illumination of ¼ foot candles per square foot of surface area of all walkways, alcoves, and passageways serving the parking lot from one-half hour before dusk to one-half hour after dawn.
      2.   Exterior lighting shall be designed in coordination with the landscaping plan to minimize interference between the light standards and required illumination and the landscape trees and required shading.
      3.   All light fixtures shall be vandal resistant.
      4.   Exterior lighting shall be shielded or otherwise designed to avoid spill-over illumination to adjacent streets and properties.
   M.   Directional signage. If a development project includes directional signage to an off-street vehicle parking facility, the signage shall also indicate the location of bicycle parking and the existence of electric vehicle charging stations.
   N.   Bicycle parking facility requirements.
      1.   Long-term bicycle parking.
         a.   Location. If a long-term bicycle parking facility is located in an area not visible from the main entrance of the building it serves, a safe access route from the main entrance to the bicycle parking facility, with nighttime lighting and directional signage, shall be provided.
         b.   Minimum space dimensions for bicycle lockers. Bicycle lockers shall be situated to allow a minimum of five feet clear space at the door for access.
         c.   Minimum space dimensions for secured enclosures. The stationary racks in a secured bicycle parking enclosure shall be adequately spaced to prevent conflicts with adjacent bicycle handlebars, rear racks, baskets, and the like. A minimum area of 2 feet wide, 6 feet long, and a 5 foot maneuvering space per bicycle, or alternative configuration providing comparable access and ease of use, shall be provided. When arranged in aisles, a minimum four foot clear space is required when all of the racks are in use.
      2.   Short-term bicycle parking.
         a.   Location. Required short-term bicycle parking facilities shall be located in an area visible from and within 200 feet of the primary entrance of the building served, and may be located on site, off-site, or in the public right-of-way. Existing bicycle parking spaces located in the public right-of-way immediately adjacent to a parcel may be counted toward the required bicycle parking requirement.
         b.   Minimum dimensions. Short-term bicycle parking facilities shall provide a minimum area of 2 feet wide, 6 feet long, and a 5 foot maneuvering space per bicycle, or alternative configuration providing comparable access and ease of use, and shall be placed to maintain a clear path of travel for pedestrians.
      3.   Surface. Bicycle parking facilities shall be located on a well-drained ground surface.
   O.   Electric vehicle charging spaces and electric vehicle charging stations.
      1.   Electric vehicle charging stations and electric vehicle charging spaces shall comply with the requirements in the Sacramento city building code.
      2.   All off-street parking facilities, shall provide electric vehicle charging stations and electric vehicle charging spaces in compliance with the provisions in the Sacramento city building code. (Ord. 2024-0017, § 59; Ord. 2021-0015 § 5; Ord. 2019-0006 § 12; Ord. 2017-0061 § 78; Ord. 2017-0008 § 9; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.050 Off-street loading and unloading space.

   A.   Off-street loading and unloading space required. The following loading and unloading space shall be provided and maintained for retail and wholesale markets, warehouses, hotels, hospitals, laundry and dry cleaning establishments, and other places where large amounts of goods are received or shipped. Fractional requirements are omitted.
      1.   For a building less than 10,000 square feet in gross floor area, none is required.
      2.   For a building with 10,000 to 40,000 square feet in gross floor area, one space is required.
      3.   For a building with greater than 40,000 square feet in gross floor area, one space is required for each 40,000 square feet in total gross floor area.
   B.   Minimum dimensions. A loading and unloading space shall be at least 10 feet wide, 14 feet high, and 40 feet long.
   C.   Location. A loading and unloading space shall not be located in the public right-of-way. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.060 Alternatives to standard parking requirements; other modifications.

   A.   Administrative parking permit. Alternatives and other modifications to the standard off-street parking requirements stated in this subsection A are permitted with approval of an administrative parking permit. The planning director shall approve an application for an administrative parking permit if the alternatives proposed in the application substantially conform to the requirements in this section.
      1.   On-site alternatives to required vehicle off-street parking. One or more of the following alternatives may be substituted for required off-street parking spaces on the same parcel or integrated development site as the land use the spaces serve:
         a.   Additional bicycle parking. Four non-required bicycle parking spaces may be substituted for one on-site vehicle parking space, up to a maximum of two spaces or 10% of the required on-site vehicle parking spaces, whichever is greater.
         b.   Zero-emission carsharing. One zero-emission carshare space may be substituted for four required on-site vehicle parking spaces up to a maximum of 20% of the required on-site vehicle parking spaces. "Zero-emission carshare space" means a parking space reserved for a zero-emission vehicle that can be rented or reserved for short periods of time, such as by the hour or minute.
         c.   Scooter and motorcycle parking. One scooter or motorcycle space may be substituted for one on-site vehicle parking space, up to a maximum of two spaces or 10% of the required on-site vehicle parking spaces, whichever is greater.
         d.   Shared parking. Required off-street parking facilities may be shared between two separate land uses upon demonstrating that the uses utilize the parking spaces at different times.
         e.   On-street parking. Each on-street parking space directly adjacent to the subject parcel may be substituted for one on-site vehicle parking space. If the parking in the street is unmarked, each 24 feet of adjacent street frontage that can be legally parked shall equal one on-street parking space.
         f.   Shared bicycles. Shared bicycles provided on-site for the use of employee commutes and off-site trips may be substituted for up to a maximum of two spaces or 10% of the required on-site vehicle parking spaces, whichever is greater. Two shared bicycles are equivalent to one on-site vehicle parking space.
         g.   Transportation management plan. The required number of on-site vehicle parking spaces for a development site or use shall be reduced by 35% if a transportation management plan permit has been approved under chapter 17.700.
         h.   Additional electric vehicle charging station. One electric vehicle charging station utilizing an electric vehicle charger level 2 or an electric vehicle direct current fast charger may be substituted for two parking spaces.
      2.   Off-site alternatives to vehicle off-street parking. Off-street parking may be located on a parcel other than the parcel or integrated development site served by the off-street parking, if it is located within the distances specified, and it complies with the requirements stated below:
         a.   In the Central Business and Arts & Entertainment District and the Urban District, off-street parking for residential uses may be located off-site within 400 feet of the use served. Off-street parking for nonresidential uses may be located off-site within 1,250 feet of the use served.
         b.   In the traditional parking district and the suburban parking district, off- street parking for residential uses may be located off-site within 300 feet of the use served. Off-street parking for nonresidential uses may be located within 600 feet of the use served.
         c.   If the parcel designated for off-street parking is not in the same ownership as the site the parking will serve, the application shall include written evidence that users of the site that the off-site parking will serve will have rights to use the off-site parking parcel for required parking.
      3.   Exceeding maximum vehicle parking requirement in parking structures. The maximum vehicle parking requirement for uses that provide off-street parking in parking structures may be exceeded if:
         a.   The off-street parking is made available for public or shared-parking at all times during off-peak hours; and
         b.   The parking structure incorporates active ground floor uses such as retail, restaurants, or offices.
      4.   Alternative vehicle parking space dimensions and maneuvering widths. Alternatives to the minimum parking space dimensions in section 17.608.040.F may be approved if the alternative space dimensions do not cause vehicle stacking in the adjacent public right-of-way.
   B.   Alternatives to required vehicle off-street parking-Parking beyond specified distances of use served. Required off-street parking provided at distances farther than the distances specified in subsection A.2 are allowed with a zoning administrator's conditional use permit. (Ord. 2021-0024 § 33; Ord. 2021-0015 § 6; Ord. 2019-0006 § 13; Ord. 2017-0061 § 79; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.608.070 Waiver of minimum and maximum parking requirements.

   A.   Waiver of required off-street parking minimum. Up to and including 75% of the required number of off-street vehicle and bicycle parking spaces may be waived with a director-level site plan and design review. Greater than 75% of the required number of off-street vehicle and bicycle parking spaces may be waived with a planning and design commission site plan and design review.
   B.   Exceeding the maximum vehicle parking requirement. The maximum vehicle parking requirement for office projects or any project in the Central Business District and Arts & Entertainment parking district may be exceeded with a director-level site plan and design review, if supported by at least one of the following findings in addition to the findings specified in section 17.808.180:
      1.   Alternatives to driving to work are not available to employees of the project due to inadequate pedestrian, bicycle, and transit facilities;
      2.   The project will operate at times when transit service is not available or when it is not safe to walk or bicycle to the project site;
      3.   On-street parking in adjacent residential neighborhoods would be impacted by the project, and no other measures to reduce this impact (other than additional off-street parking) is feasible; or
      4.   Unique characteristics of the project require more parking than that which is otherwise allowed. (Ord. 2017-0061 § 80; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.612.010 Landscaping requirements.

   A.   Landscaping requirements in setback areas.
      1.   Single-unit and duplex dwellings-Front-yard and street side-yard setbacks.
         a.   Setback area paving restrictions. A maximum of 50% of each of the required front-yard and street side-yard setbacks may be paved for off-street parking, driveways, walkways, uncovered patios, and other forms of hardscape. However, this maximum limitation does not apply to that portion of the street side-yard located behind a fence that complies with the street side fence requirements set forth in chapter 17.620.
         b.   Landscape and maintenance requirements. The unpaved portion of the required front-yard and street side-yard setbacks shall be landscaped and maintained. The landscape shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, or other living vegetation provided that artificial turf may be used if it and its substrate is permeable, has a minimum pile height of 1.25 inches, and is not located within the dripline of any trees. Design elements like planters, rocks, mulch, wood chips, bark, or similar elements are permitted when integrated as part of the landscape. All landscaping materials shall be mowed, trimmed, and maintained as often as necessary to prevent overgrowth and blight. No junk, debris, or other similar materials shall be stored in the landscaped setback area.
         c.   Height restrictions for landscaping located in the clear zone. All landscaping located within the clear zone for driveways and corner lots, as described in section 17.620.100, shall not exceed 3.5 feet in height, except trees that are maintained free of branches 5 feet above the finish grade, as defined in section 15.88.050, are allowed.
         d.   Vehicle parking requirements-all yard areas. Vehicles, including automobiles, boats, campers, trailers, and other recreational vehicles must be parked on a paved surface, as provided for in section 10.44.010.
      2.   Multi-unit dwellings (three or more units)-Front-yard and street side-yard setbacks. All minimum required front-yard and street side-yard setbacks shall be landscaped and maintained. The landscape shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, or other living vegetation, provided that artificial turf may be used if it and its substrate is permeable, has a minimum pile height of 1.25 inches, and is not located within the dripline of any trees. Design elements like planters, rocks, mulch, wood chips, bark, or similar elements are permitted when integrated as part of the landscape. Driveways and uncovered walkways are permitted to cross over the required front-yard and street side-yard setbacks. The required front-yard and street side-yard setbacks may not be paved for parking or patio areas.
      3.   Nonresidential-Front-yard and street side-yard setbacks. All minimum required front-yard and street side-yard setbacks shall be landscaped and maintained. The landscape shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, or other living vegetation, provided that artificial turf may be used if it and its substrate is permeable, has a minimum pile height of 1.25 inches, and is not located within the dripline of any trees. Design elements like planters, rocks, mulch, wood chips, bark, or similar elements are permitted when integrated as part of the landscape.
      4.   Residential and nonresidential-Interior side-yard and rear-yard setbacks. There is no minimum landscape requirement for interior side-yard and rear-yard setbacks.
   B.   Planter required.
      1.   Except for single-unit and duplex dwellings and where driveways and walkways enter and exit a lot, a landscaped planter is required as follows:
         a.   A landscaped planter is required to separate all surfaced areas from the adjacent public street; and
         b.   A landscaped planter is required along the entire perimeter of surface parking lots of more than 30 spaces.
      2.   The planter shall be surrounded with six-inch raised concrete curbing. The minimum width of the planter, excluding curbing, is six feet, except that front-yard and street side-yard setbacks shall have planters at least as wide as the minimum setback or six feet, whichever is greater. An irrigation system shall be installed in each separate planter area. The landscape shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, or other living vegetation, provided that artificial turf may be used if it and its substrate is permeable, has a minimum pile height of 1.25 inches, and is not located within the dripline of any trees. Design elements like planters, rocks, mulch, woodchips, bark, or similar elements are permitted when integrated as part of the landscape. (Ord. 2024-0017 § 60; Ord. 2017-0061 § 81; Ord. 2016-0056 § 1; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.612.020 Paving requirements.

   A.   Paving required. Paving is required for all storage and service areas, outdoor merchandise and equipment sales and rental areas, as well as off-street parking, driveways, maneuvering, and loading areas for vehicles, including gas stations and auto sales. Unpaved areas shall not be used for storage, vehicle parking, driving, or maneuvering. Except for single-unit and duplex dwellings, unpaved areas adjacent to paved areas shall be made inaccessible by a barrier, such as concrete curbs, bollards, or fencing. Paved areas that do not comply with this code must be made inaccessible to vehicles by a barrier, such as a concrete curb, bollards, or fencing.
   B.   Paving materials. Paving materials shall consist of decorative pavers, asphaltic concrete or Portland cement, concrete paving, or alternative treatments providing comparable strength and performance for vehicles intended to use the facility and approved by the planning director in consultation with the public works and fire departments.
   C.   Curbs, decorative bollards, or other barriers required. Except at approved driveways, every off-street parking facility; off-street loading or unloading area; and storage, sale, rental, or service area shall be improved with curbs or other barriers that prevent parked vehicles, equipment, or other objects from projecting into the public right-of-way and landscaped planters. The curb or other barrier shall be at least six inches in height and thickness, and shall be constructed of concrete or other suitable material.
   D.   Drainage. Drainage for all surfaced areas shall comply with all applicable storm water drainage standards, regulations, and requirements. (Ord. 2017-0061 § 82; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.612.030 Other site requirements.

   A.   Walkways. The minimum width of a walkway is four feet. Two feet shall be added to the minimum width of a walkway for each side that vehicles overhang the walkway.
   B.   Exterior lighting. Lighting, if provided, shall reflect away from residential areas and public streets.
   C.   Private street conditions. Approval of any private street shall be based on compliance with the following conditions to the city's satisfaction:
      1.   The private street is constructed to city street standards;
      2.   Adequate access shall be provided to accommodate public service and emergency vehicles;
      3.   Easements shall be provided as deemed necessary;
      4.   The entrances to the private street shall be constructed in a manner to clearly identify that the street is private;
      5.   Private streets, including any landscaping located in common area in or adjacent to a private street, shall be maintained by a homeowners' association. Landscape plans shall be approved by the city landscape architect. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.612.040 Tree shading requirements for parking lots.

   A.   Surface parking facilities. Except as provided below, the shading requirement set forth in subsection B applies to all surface parking facilities, including all surfacing on which a vehicle can drive and all parking stalls; all drives and drive-through lanes within the property regardless of length; and all maneuvering areas regardless of depth.
      1.   Expansion of existing nonconforming parking facilities. When a parking facility that does not comply with the shading requirement is expanded by an amount, in area or number of spaces, equal to or greater than 50% within any continuous three-year period, the entire parking facility, including the existing area and the expansion, shall comply with the shading requirement. When a parking facility that does not comply with the shading requirement is expanded by an amount, in area or number of spaces, less than 50%, only the expansion must comply with the shading requirement.
      2.   Exceptions. The following surfaced areas are exempt from the shading requirement set forth in subsection B: single unit and duplex dwelling parking areas; model home temporary sales office parking areas; temporary commercial building parking areas; parking structures; carports; enclosed parking spaces; truck loading areas in front of overhead doors; truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking; surfaced areas not to be used for vehicle parking, driving or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards or fencing; and vehicle display, sales, service, and storage areas, provided that the surface parking area of the use shall comply with the shading requirements.
   B.   Tree shading requirement. Trees shall be planted and maintained throughout the surface parking facility to ensure that, within 15 years after establishment of the parking facility, at least 50% of the parking facility will be shaded. All planting, soil volumes, and maintenance shall comply with the parking facility tree shading design and maintenance guidelines.
   C.   Parking facility tree shading design and maintenance guidelines. Parking facility tree shading design and maintenance guidelines shall be adopted by resolution of the city council. The guidelines may be adopted following at least one public hearing before the planning and design commission and one public hearing before the city council. Each hearing shall be noticed in the same manner as hearings on text amendments pursuant to chapter 17.916.
   D.   Shading calculation. Shading is calculated by using the expected diameter of the tree crown at 15 years. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping. The planning director, in consultation with the city landscape architect, shall establish a list of species appropriate for providing shade in parking facilities, and trees to be planted in accordance with the regulations of this section shall be selected from this list. Landscape and shading plans shall be submitted to the building division at the time of application for building permit, and the plans shall be referred to the planning director for review for compliance with the requirements of this section. As part of this review, the planning director has discretion to modify tree shading requirements under power lines and other obstructions that prohibit strict compliance with shading requirements and to give shading credit for photovoltaic arrays, off-site trees and structures, sidewalk canopies, and other structures, where appropriate.
   E.   Installation. Upon completion of the installation of shade trees, the landscape designer shall certify that the shading complies with all requirements of this section. Certification shall be accomplished by the completion of the landscape certificate, pursuant to section 15.92.090.
   F.   Maintenance. All trees and associated landscaping, such as shrubs and turf, planted or installed pursuant to this section shall be properly maintained for the life of the facility pursuant to the surface parking facility tree shading design and maintenance guidelines established by resolution of the city council as provided in this section. The maintenance obligation provided herein applies to all parking facilities subject to the shading requirement, whether approved prior to, contemporaneously with, or after the effective date of the parking facility tree shading design and maintenance guidelines. Any required trees or other plantings that die or are improperly maintained shall be replaced with healthy specimens of similar species and size, provided that replacement trees shall not be required to exceed 48 inch box size. Removal and replacement of trees that have caused damage to sidewalks or other infrastructure shall be reviewed and approved by the city arborist prior to tree removal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.616.010 Purpose and applicability.

   A.   Purpose. The purpose of this chapter is to regulate the location, size, and design features of recycling and trash enclosures in order to provide adequate and convenient space for the collection, storage, and loading of recyclable and solid waste material for existing and new development; increase recycling of used materials; and reduce litter. The regulations in this chapter are necessary to lengthen the lifespan of landfills, encourage recycling, and meet state-mandated goals for waste reduction and recycling.
   B.   Applicability. These regulations apply to existing and new multi-unit dwellings with five or more units, commercial, office, industrial, and public or quasi-public uses. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.616.020 Statement of recycling information requirement.

Prior to issuance of a building permit for new development, the applicant shall submit for the solid waste manager's approval a statement of recycling information. The statement of recycling information shall include:
   A.   A site plan that includes the location and design specifications of the recycling and trash enclosures and receptacles that meet the volume and material requirements of this chapter and identifies materials to be recycled;
   B.   A demolition and construction plan that specifies any proposed recycling of building material in the demolition of any structure on the site, and specifies any recycled material to be used in the construction of the proposed development; and
   C.   An education and public relations program, to instruct users of the development about the benefits of recycling and how to recycle. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.616.030 Recycling volume requirement.

Recycling volume shall be provided and maintained as specified in the table below for the use to which the property is devoted. Fractional requirements up to one-half are omitted; fractional requirements of one-half or over require additional volume.
 
Land Use
Recycling Volume Required
Recyclable Materials
1. Multi-unit dwelling of 5 or more dwelling units
1 cubic yard/16 units
metal, glass, plastic, newspaper (ONP)
2. Commercial
 
a. Office and general commercial
1 cubic yard/40,000 square feet
beverage containers, office paper, computer paper, newspaper (ONP), corrugated cardboard (OCC)
b. Restaurant; bar
1 cubic yard/5,000 square feet;
90-gallon container minimum
metal, glass, and plastics, corrugated cardboard (OCC)
c. Retail sales
1 cubic yard/8,000 square feet;
90-gallon container minimum
corrugated cardboard (OCC), office paper, computer paper
d. Retail services
1 cubic yard/10,000 square feet;
90-gallon container minimum
corrugated cardboard (OCC), office paper, computer paper
e. Motel; hotel; inn; bed and breakfast
1 cubic yard/20 rooms;
90-gallon container minimum
metal, glass, plastics, newspaper (ONP)
f. Auto service and repair
1 cubic yard/3,000 square feet
tires, motor oil, scrap metal
3. Industrial
propose volume in recycling information
propose materials in recycling information
4. Public or quasi-public
a. School
1 cubic yard/50 rooms
paper, cardboard, beverage containers
b. Library; church
calculate volume using office sq. ft.
office paper, computer paper
c. Park
supply recycling receptacle with each garbage receptacle unless park prohibits food and drink from outside the park and food and beverage containers provided in the park are paper only
beverage containers
5. Hospital; medical clinic
none except cafeteria (subsection 2.b of this table) and vending machines (section 17.616.060.A)
metal, glass, plastics, corrugated cardboard (OCC)
6. Other land uses
propose volume in recycling information
propose materials in recycling information
 
(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.616.040 Development standards for recycling and trash enclosures.

   A.   Enclosure and receptacle requirement.
      1.   Recycling and trash enclosures with recycling and garbage receptacles shall be required for:
         a.   Multi-unit dwellings with five or more units;
         b.   Any commercial, office, or public or quasi-public project where garbage receptacles are being used and the receptacles are not stored wholly within the building; and
         c.   Any industrial project where garbage receptacles are being used and the garbage receptacle are not stored wholly within the building or screened by landscaping, fencing or a structure.
      2.   The receptacles shall be screened from public view by landscaping, fencing, or a structure. The recycling collection area and the trash collection area shall be adjacent to one another.
   B.   Materials, construction, and design of the enclosure.
      1.   Walls. The walls of each recycling and trash enclosure shall be constructed of solid masonry material with decorative exterior surface finish compatible to the main structure. The walls shall be a minimum of 6 feet in height.
      2.   Gates. Each recycling and trash enclosure shall have decorative solid heavy gauge metal gates and shall be designed with cane bolts to secure the gates when in the open and closed positions.
      3.   Concrete apron.
         a.   A concrete apron shall be constructed either in front of each recycling and trash enclosure or at the point of receptacle pick-up to minimize damage to the surrounding asphalt paving.
         b.   The minimum dimensions of the concrete apron for a 2 cubic-yard receptacle are 10 feet wide and 20 feet long.
         c.   The concrete apron shall be 15 feet wide and 20 feet long whenever a crane-lifted recycling container will be used.
         d.   Receptacles that are larger than 2 cubic yards require a larger concrete apron, subject to the approval of the city building inspection division.
         e.   Paving material shall consist of 5-inch aggregate base rock and 6-inch Portland cement paving.
      4.   Overhead clearance. The recycling and trash enclosure shall be designed to allow 18 feet of overhead clearance whenever crane-lifted dome recycling receptacles will be used.
   C.   Signs. Signs shall be permanently posted or painted on each receptacle listing the type of material that may be disposed of in that receptacle. General instructions about how to recycle shall be posted within the recycling and trash enclosure or near the receptacle area and shall be visible to the enclosure or receptacle users. The name and phone number of the person responsible for maintenance of the enclosure or receptacle shall be posted. Any sign visible from outside the enclosure shall be no larger than 4 square feet.
   D.   Parking. With the exception of section 17.616.050.C for existing development, no recycling and trash enclosure or receptacle shall be located in any required parking space.
   E.   Convenient access for multi-unit dwelling residents. Each recycling and trash enclosure within a multi-unit dwelling shall be located and designed to allow the convenient disposal of recyclable materials and trash by residents without having to open the main enclosure gates.
   F.   Regular collection. The property owner is responsible for regular pick-up of recyclable material. Recyclable material shall not be allowed to accumulate such that a visual or public health or safety nuisance is created.
   G.   Security. The recycling and trash enclosure and receptacles may be secured to prevent the theft of recyclable materials by unauthorized persons as long as the enclosure remains accessible for disposal of materials by authorized persons.
   H.   Maintenance. The property owner shall maintain each recycling and trash enclosure and receptacle. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.616.050 Exceptions to the development standards for existing development.

Legally nonconforming recycling and trash enclosures for existing development shall comply with all of the regulations in section 17.616.040 except as provided below.
   A.   Existing trash enclosure. If the existing development has an existing trash enclosure, then a receptacle adequate for the required recycling volume shall be located inside the trash enclosure. If it is not possible to locate the required recycling receptacles in the trash enclosure, the recycling receptacles shall be located adjacent to the existing trash enclosure. Any proposed modifications to the existing trash enclosure shall comply with the requirements in section 17.616.040.
   B.   No existing trash enclosure. If the existing development does not have an existing trash enclosure, the required recycling receptacles shall be located adjacent to the existing dumpster or other receptacle. Any proposed recycling and trash enclosure shall comply with the requirements listed in section 17.616.040. The required recycling volume and suggested recyclable materials are those listed in the table in section 17.616.030.
   C.   Exception-Waiver of parking requirement. To meet the required recycling volume requirement, an existing development may use one parking space for the location of the recycling receptacles, provided the enclosure or receptacles meet the design specifications in section 17.616.040. A parking space that has been converted to recycling receptacle area shall be marked for recycling and shall be adequately barricaded by the installation of concrete wheel stops or other method to prevent use as a parking space. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.010 Purpose.

The purposes of this chapter are to provide for adequate yard areas, access, and space between buildings and to prevent inadequate driveways that result in cars being parked across sidewalk areas. The provisions of this chapter apply to the uses and structures listed in this section, when incidental to a single-unit, duplex, or multi-unit dwelling located on the same lot.
   A.   Attached accessory structures.
      1.   Garages.
      2.   Carports.
      3.   Covered patios or decks.
      4.   Uncovered decks.
   B.   Detached accessory structures.
      1.   Garages.
      2.   Carports.
      3.   Covered patios and covered unenclosed structures.
      4.   Uncovered decks.
      5.   Covered decks.
      6.   Enclosed structures.
   C.   Other accessory structures and uses.
      1.   Uncovered parking pads.
      2.   Uncovered patios.
      3.   Swimming pools, spas, and hot tubs (in-ground or above-ground).
      4.   Trellises.
      5.   Children's swing set and play structures.
      6.   Mechanical equipment, such as heat pumps, air conditioners, and mechanical equipment related to swimming pools, spas, and hot tubs. (Ord. 2024-0051 § 26; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.020 Definitions.

As used in this chapter,
   "Arbor" means a free-standing structure usually made up of two to four posts connected by lattice work or beams, with a flat or arched roof. Arbors are used to add shade or decor to walkways and paths, or to mark the entry point into a yard or property.
   "Attached accessory structure" means an accessory structure that is attached to the main building or use of the land.
   "Carport" means any covered structure or portion of a building or structure other than an attached or detached garage, used to shelter motor vehicles.
   "Deck" means a raised platform, usually made of wood. A deck may have a railing, bench, planter, storage area, or other feature. A deck may be attached or detached to the main building; a deck may be covered or uncovered; and a deck may be enclosed or unenclosed.
   "Detached accessory structure" means an accessory structure that is not attached to the main building or use of the land.
   "Garage" means any covered, enclosed structure or portion of a building or structure used to shelter motor vehicles.
   "Gazebo" means a freestanding roofed structure, usually open on the sides or latticed between the supports. See "covered unenclosed structure" under section 17.624.050 of this chapter for requirements.
   "Parking pad" means a level, surfaced area upon which motor vehicles are stored.
   "Pergola" means a free-standing structure usually consisting of four posts with parallel colonnades supporting an open roof of girders and cross rafters. Pergolas are used to add shade or decor and typically placed over a patio. See "covered patio" under section 17.624.050 for requirements.
   "Trellis" means a frame of latticework placed vertically on posts and generally used as a support for climbing vines or plants. A trellis may be free-standing or attached to a fence or wall. (Ord. 2024-0051 § 27; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.030 General regulations.

   A.   An accessory structure shall not be used as a dwelling or separate living quarters.
   B.   A detached accessory structure may contain laundry and sanitary facilities consisting of a water heater, sink, toilet, or shower, and may also contain necessary heating facilities, but shall not contain a kitchen.
   C.   A detached accessory structure or use shall be located on the same lot as the primary building, structure, or use to which it relates. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.040 Attached accessory structures.

The chart below identifies the footnote of this section that sets forth the regulations for each type of attached accessory structure. Identify the proposed type of accessory structure in the first column and read across the chart to find the regulations for that type of accessory structure. For example, the minimum setback requirements for an attached garage are set forth in footnote 1 of this section. "N/A" means not applicable.
 
Type of Attached Accessory Structure
Minimum Setbacks
Maximum Lot Coverage
Maximum Lot Coverage of Required Rear-Yard
Maximum Height
Driveway
Other Standards
Garage
1
1
2
1
3
4
Carport
1
1
2
1
3
4
Covered patio or deck
1
1
5
1
N/A
6
Uncovered deck
1
1
5
1
N/A
N/A
 
Footnotes:
   1.   Height, setbacks, and lot coverage. The height, setback, and lot coverage standards of the zone in which the attached accessory structure is located apply to the structure.
   2.   Maximum lot coverage of required rear yard for attached garages and carports.
      a.   Single-unit and duplex dwellings on reversed corner lot. Attached garages and carports may project into the required rear-yard area of a reversed corner lot, provided that the structure does not extend beyond the front setback line of the lots to the rear, nor nearer than five feet to the side of the key lot to the rear.
      b.   Single-unit and duplex on corner lot. Attached garages and carports may project into the required rear-yard area, provided that the structure does not extend nearer than five feet to the rear lot line and does not project into the required setback from the landside toe of a levee.
      c.   Multi-unit dwellings. Attached garages and carports may not project into the required rear-yard setback of the zone in which the accessory structure is located.
   3.   Driveways for single-unit and duplex dwellings. Driveways shall conform to the requirements of chapter 17.508. The driveway is permitted to have a landscape strip down the center. The landscape strip is not permitted in the vehicle parking pad.
   4.   Minimum dimensions of attached garages and carports.
      a.   Single-unit and duplex dwellings. The minimum interior dimensions for an attached garage or attached carport are 10 feet wide and 20 feet deep. The width may be reduced to 8 feet if the existing interior side-yard setback between the existing residence and the property line is 8 feet.
      b.   Multi-unit dwellings. Minimum interior dimensions of an attached garage are 8 feet wide by 18 feet deep. Minimum dimensions of an attached carport are 10 feet wide and 20 feet deep. The width may be reduced to 8 feet if the existing interior side-yard setback between the existing residence and the property line is 8 feet.
   5.   Maximum lot coverage of required rear-yard for attached covered patios and covered and uncovered decks.
      a.   Single-unit and duplex dwellings on reversed corner lot. Attached covered patios and covered and uncovered decks may project into the required rear-yard setback area, provided that the structure does not extend beyond the front setback line of the lots to the rear, or nearer than five feet to the side of a key lot to the rear.
      b.   Single-unit or duplex dwellings on corner lot. Attached covered patios and covered and uncovered decks may project into the required rear-yard area, provided the structure does not extend nearer than five feet to the rear lot line.
      c.   Single-unit or duplex dwellings on interior lot. Attached covered patios and covered and uncovered decks may project a maximum of 33% into the required rear-yard area, provided the structure does not extend nearer than five feet to the rear lot line.
      d.   Multi-unit dwellings. Attached covered patios and covered and uncovered decks may not project into the required rear-yard setback of the zone in which the accessory structure is located.
      e.   Setback from levee. Notwithstanding the provisions of paragraphs a through d above, attached covered patios and covered and uncovered decks shall not project into the required setback from the landside toe of a levee.
   6.   Other standards for attached covered patios and covered decks.
      a.   Attached covered patios and covered decks may be partially enclosed. The area of the longer wall and one additional wall must be 65% open. The openings may be enclosed with insect screening or removable translucent or transparent material.
      b.   Attached covered patios and covered decks shall be used only for recreational outdoor living purposes and not as carports, garages, storage rooms, or habitable rooms. They may be attached to a detached accessory structure and act as a breezeway or covered walkway between an accessory structure and the main residential structure.
(Ord. 2025-0007 § 34; Ord. 2024-0017 § 63; Ord. 2019-0006 § 15; Ord. 2017-0061 § 84; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.050 Detached accessory structures.

The chart below identifies the footnote in this section that sets forth the regulations for each type of detached accessory structure. Identify the proposed type of accessory structure in the first column and read across the chart to find the regulations for that type of accessory structure. For example, the minimum setback requirements for a detached garage are set forth in footnote 1 in this section. "N/A" means not applicable.
 
Type of Detached Accessory Structure
Minimum Setbacks
Maximum Lot Coverage
Max. Lot Coverage of Required Rear Yard
Minimum Distance from Main Building
Maximum Height
Driveway
Other Standards
Garage
1
2
3
4
5
6
7
Carport
1
2
3
4
5
6
7
Covered patio or covered unenclosed structure
1
2
3
8
5
N/A
N/A
Uncovered deck
9
10
3
11
12
N/A
13
Covered deck
1
2
3
8
5
N/A
13
Enclosed structure
1
2
3
4
5
6
7, 14
 
Footnotes:
   1.   Minimum setbacks for detached accessory structure.
      a.   A detached accessory structure is not permitted in the required front or street side setback.
      b.   When located nearer than 60 feet to the front property line, a detached accessory structure is subject to the same minimum front-yard and side-yard setbacks required for the main building.
      c.   When located more than 60 feet from the front property line, the detached accessory structure may be located in the rear-yard or interior side-yard setback area, provided that the detached accessory structure shall not project into the required setback from the landside toe of a levee.
   2.   Maximum lot coverage. Except as provided in footnote 3 below, a detached accessory structure is subject to the maximum lot coverage standards of the zone in which the structure is located.
   3.   Maximum lot coverage of required rear-yard.
      a.   Except as provided in subparagraph b below, no more than 33% of the surface area of the required rear-yard setback may be covered by detached accessory structures.
      b.   In the R-1 and R-2 zones, not more than 33% or 350 square feet, whichever is greater, of the surface area of the required rear-yard setback may be covered by detached accessory structures.
      c.   Swimming pools, spas, and hot tubs, including equipment placed at ground level, or on a concrete pad at ground level; detached uncovered patios; and detached uncovered decks less than 30 inches in height, measured from ground to top of deck, are not counted in the lot coverage computation.
   4.   Minimum distance from main building. The minimum distance between a detached accessory structure and the main building is 4 feet.
   5.   Maximum height of a detached accessory structure.
      a.   The maximum overall height of a detached accessory structure is 18 feet to the highest point on the roof. Dormers are permitted as a decorative feature or to admit daylight to the structure, if they meet the following criteria:
         i.   No part of the dormer shall be located on the same plane as the wall below; and
         ii.   The combined width of all dormers on a single roof plane shall not exceed one-fourth of the width of the roof plane where the dormers are located.
      b.   The maximum wall height of a detached accessory structure is 10 feet. The wall height is the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the plate line, where the roof meets the wall.
      c.   Any variation or waiver of the criteria in this footnote 5 may be approved through director-level site plan and design review under chapter 17.808.
   6.   Driveways and maneuvering requirements for single-unit and duplex dwellings. Driveways for single-unit and duplex dwellings shall conform to the requirements of chapter 17.508. The driveway is permitted to have a landscape strip down the center. The landscape strip is not permitted in the vehicle parking pad.
   7.   Minimum dimensions of detached garages and carports.
      a.   Single-unit or duplex dwellings. The minimum interior dimensions of a detached garage or attached carport are 10 feet wide and 20 feet deep. The width may be reduced to 8 feet if the existing interior side-yard setback between the existing residence and the property line is 8 feet.
      b.   Multi-unit dwellings. The minimum interior dimensions of a detached garage are eight feet wide by 18 feet deep. The minimum dimensions of a detached carport are 10 feet wide and 20 feet deep. The width may be reduced to 8 feet if the existing interior side-yard setback between the existing residence and the property line is 8 feet.
   8.   Minimum distance from the main building for detached covered patios, covered decks, and other covered, unen-closed structures. No minimum distance is required between detached covered patios, covered decks, and other covered, unenclosed structures and the main building.
   9.   Minimum setbacks for detached uncovered decks.
      a.   No minimum setbacks are required for detached uncovered decks less than 30 inches in height, measured from the ground to the top of the deck.
      b.   The following minimum setbacks are required for detached uncovered decks of 30 or more inches in height, measured from the ground to the top of the deck:
         i.   The deck is not permitted in the required front-yard setback;
         ii.   When located nearer than 60 feet to the front property line, the deck is subject to the same minimum front-yard and side-yard setbacks required for the main building; and
         iii.   When located more than 60 feet from the front property line, the deck shall maintain a minimum five-foot interior side-yard, street side-yard, and rear-yard setback.
   10.   Maximum lot coverage for detached uncovered decks.
      a.   A detached uncovered deck less than 30 inches in height, measured from the ground to the top of the deck, is not subject to the maximum lot coverage standard.
      b.   A detached uncovered deck of 30 or more inches in height, measured from the ground to the top of the deck, is subject to the maximum lot coverage standard of the zone in which the deck is located.
   11.   Minimum distance from main building for uncovered decks.
      a.   No minimum distance is required between an uncovered deck under 30 inches in height, measured from the ground to the top of the deck, and the main building.
      b.   The distance between an uncovered deck of 30 or more inches in height, measured from the ground to the top of the deck, and the main building shall be either 6 inches or less or 4 feet or more.
   12.   The maximum height for an uncovered deck is five feet.
   13.   Other standards for detached covered and uncovered decks.
      a.   Railings, benches, planters, and the like, with a maximum of 3 feet in height, may be constructed and attached to the deck and are not counted as part of the deck height.
      b.   Trellises, walls, and similar structures attached to the deck are counted as part of the deck height.
   14.   Examples of detached enclosed accessory structures include: storage sheds, workshops, recreation rooms, and non-commercial greenhouses.
(Ord. 2025-0007 § 35; Ord. 2024-0051 § 28; Ord. 2021-0024 § 35; Ord. 2019-0006 § 16; Ord. 2017-0061 § 85; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.624.060 Other accessory structures.

The following chart identifies the footnote in this section that sets forth the regulations for each type of other accessory structure or use. Identify the proposed type of accessory structure or use in the first column and read across the chart to find the regulations for that type of accessory structure or use. For example, the minimum setback requirements for an uncovered parking pad are set forth in footnote 1 of this section. "N/A" means not applicable.
 
Type of Accessory Structure or Use
Minimum Setbacks
Max. Lot Coverage
Max. Lot Coverage of Required Rear Yard
Minimum Distance from Main Building
Maximum Distance from Main Building
Driveway
Other Standards
Uncovered parking pad
1
N/A
N/A
N/A
N/A
2
3
Uncovered patio
1
N/A
N/A
N/A
N/A
N/A
1
Swimming pool, spa, hot tub (in or above ground)
4
4
4
4
4
N/A
4
Arbor
5
N/A
N/A
N/A
N/A
N/A
5
Trellis
6
N/A
N/A
N/A
N/A
N/A
6
Children's swing set, play structures
7
7
7
7
7
N/A
7
Mechanical equipment
8
8
8
8
8
N/A
8
 
Footnotes:
   1.   Maximum paving permitted in required setback areas. See section 17.612.010.
   2.   Minimum dimensions. Minimum interior dimensions for the parking pad are 10 feet wide by 20 feet deep. This width may be reduced to 8 feet if the existing interior side-yard setback between the existing residence and the property line is 8 feet. Access to the parking pad must be paved. Driveways shall conform to the requirements of chapter 17.508. The driveway is permitted to have a landscape strip down the center. The landscape strip is not permitted in the vehicle parking pad.
   3.   Maximum paving. See section 17.612.010.
   4.   The following requirements apply to a swimming pool, spa, or hot tub:
      a.   A swimming pool, spa, or hot tub is not permitted in the required front setback.
      b.   When located nearer than 60 feet from the front property line, a swimming pool, spa, or hot tub is subject to the same minimum front-yard, interior side-yard, and street side-yard setbacks required for the main residential structure.
      c.   When located more than 60 feet from the front property line, a swimming pool, spa, or hot tub is subject to a 3 foot interior side-yard and rear-yard setback, and a minimum 5 foot street side-yard setback.
      d.   A swimming pool, spa, or hot tub is not counted in lot coverage computation. If equipment is placed on an accessory structure (such as a deck), the structure must comply with the regulations of this chapter.
      e.   The minimum distance between a swimming pool, spa, or hot tub; the main residential structure; and any accessory structures must meet building code requirements.
      f.   If the swimming pool, spa, or hot tub is enclosed, covered, or on a raised deck, the applicable accessory structure requirements apply.
      g.   Mechanical equipment associated with a swimming pool, spa, or hot tub shall meet the requirements of footnote 7.
      h.   Setback from levee. Notwithstanding the provisions of paragraph c above, a swimming pool, spa, or hot tub may not project into the required setback from the landside toe of a levee.
   5.   Arbors.
      a.   An arbor may not exceed 10 feet in height, 6 feet in width, and 24 inches in depth.
      b.   An arbor may be placed anywhere on the lot.
      c.   A maximum of two arbors are allowed on the property line or over a path leading to the primary building or structure, within the front-yard.
      d.   Except as provided in footnote 5.c above, there is no limit to the number of arbors allowed on a parcel.
   6.   Trellises.
      a.   A trellis may not exceed 10 feet in height and 24 inches in width.
      b.   If a trellis is used as a fence, or as an integral part of a fence, it must meet the requirements of chapter 17.620, including maximum height.
      c.   A trellis may be placed anywhere on the lot.
   7.   Play structures. Portable or movable play structures that do not require a building permit are exempt from accessory structure regulations. Play structures that require a building permit shall follow the attached or detached accessory structure regulations found in this chapter.
   8.   Mechanical equipment. Mechanical equipment, including heaters and air conditioners, shall not be located within the required front yard, interior side yard, or street side yard unless the equipment is screened or landscaped and complies with all noise standards and ordinances. Mechanical equipment is not counted in lot coverage computations.
(Ord. 2024-0051 § 29; Ord. 2019-0006 § 17; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.100 Applicable design guidelines.
For purposes of site plan and design review, and whenever design review is otherwise required under this title, the design guidelines applicable to a development project are as follows:
   A.   Citywide design guidelines. Subject to subsections B, C, D, and E of this section,
      1.   The Single-Unit Dwelling and Duplex Dwelling Design Guidelines, as adopted by resolution of the City Council, applies to single-unit dwelling and duplex dwelling development;
      2.   The Citywide Infill Housing Design Standards, as adopted by resolution of the City Council, applies to all housing development projects with two or more dwelling units, including a single-unit dwelling with an attached accessory dwelling unit, that are either residential-only project or part of a mixed-use development in which the residential use constitutes at least two-thirds of the total gross building square footage;
      3.   The Multi-Unit Dwelling Design Guidelines, as adopted by resolution of the City Council, applies to multi-unit dwelling and mixed-use development;
      4.   The Citywide Commercial Design Guidelines, as adopted by resolution of the City Council, applies to nonresidential development; and
      5.   The Industrial and Business Park Design Guidelines, as adopted by resolution of the City Council, applies to industrial development.
   B.   Design review districts. The design guidelines applicable to a design review district apply to development located in that district.
   C.   Historic districts and landmarks. The Secretary of the Interior's Standards for the Treatment of Historic Properties and the applicable provisions of the historic district plan, if any, apply to development in that historic district or involving a landmark.
   D.   Planned unit developments. The guidelines and schematic plan adopted for a planned unit development apply to development in that planned unit development.
   E.   Special planning districts. The guidelines identified for a special planning district in division IV or, if none are specified, the guidelines under subsection A, apply to development in that special planning district. (Ord. 2020-0031 § 2; Ord. 2019-0022 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.105 Architectural design for single-unit dwellings.
The architectural standards in this section apply to single-unit dwellings.
   A.   Main entrance. The primary dwelling entrance shall be accessed from the front yard or street side yard and shall be oriented to and visible from a street. If the dwelling has steps leading to an entry visible from any street, the steps and any enclosure surrounding the steps shall be attached to a permanent foundation and designed and constructed as an integral part of the exterior of the dwelling.
   B.   Foundation; exterior appearance of foundation.
      1.   The dwelling shall have a solid or perimeter foundation. Alternatively, if the dwelling has a pier foundation, interior foundation, or other type of foundation that is not a solid or perimeter foundation, the dwelling shall have a solid perimeter curb or skirt made of concrete, masonry, or other solid nonmetal, all-weather material.
      2.   The covering material used on a substantial portion of each exterior perimeter wall of the dwelling shall touch or overlap the foundation or the solid perimeter curb or skirt.
   C.   Roofing overhang. The dwelling shall have eave and gable overhangs of not less than one foot measured from the vertical exterior side of the structure, unless the overhangs would be incompatible with the overall architectural style of the structure, as determined by the design director.
   D.   Roofing material. No dwelling shall have a roof covered with continuous rolled metal.
   E.   Exterior siding. No dwelling shall have exterior perimeter walls covered with corrugated or reflective metal siding.
   F.   Windows on front façade required. The dwelling shall have windows on the front façade with views from active use areas such as living rooms, dining rooms, bedrooms, and kitchens.
   G.   Minimum width and depth. The dwelling shall have a minimum width and depth of 20 feet in the R-1 and R-2 zones.
   H.   Garages and carports.
      1.   A garage or carport may be attached to or detached from the dwelling. The roofing material on a garage or carport shall be the same as the roofing material used on the dwelling. The exterior covering material used on a garage or carport shall be the same as an exterior covering material used on a substantial portion of the dwelling.
      2.   Garages and carports shall be set back from the front property line farther than, or equal to, the front façade of the dwelling. An enclosed garage or carport shall meet the residential accessory building and use regulations in chapter 17.624.
   I.   Mobilehomes not permitted in central city. A mobilehome used as a single-unit dwelling is not permitted within the central city. (Ord. 2019-0022 § 3; Ord. 2017-0061 § 71; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.110 Architectural design for duplex dwellings.
The architectural standards in this section apply to duplex dwellings in the R-1 and R-1B zones.
   A.   Main entrance.
      1.   Except as provided in subsection A.2 below, a duplex dwelling on a corner lot shall have the main entrance and driveway of each dwelling unit on different streets.
      2.   When a corner lot fronts on an arterial or collector street on one side and a local street on another side, the driveways and dwelling unit entrances may be located on the local street.
   B.   Minimum setbacks for duplex dwellings. The minimum setback requirements of the applicable zone apply to the duplex dwelling, and not to the individual dwelling units.
   C.   Open space in the R-1B zone only. In the R-1B zone, each dwelling unit in a newly constructed building shall have a minimum of 150 square feet of private open space beyond the minimum required front-yard, rear-yard, and side-yard setbacks.
   D.   Garages and carports. A garage or carport may be attached to or detached from each dwelling unit. The roofing material on a garage or carport shall be the same as the roofing material used on the dwelling. The exterior covering material used on a garage or carport shall be the same as an exterior covering material used on a substantial portion of the dwelling. Garages and carports shall be set back from the front property line farther than, or equal to, the front façade of the dwelling. An enclosed garage or carport shall meet the residential accessory building and use regulations in chapter 17.624.
   E.   Exceptions for subdivided duplex dwelling. The requirements of subsections A, B, C, and D do not apply to an existing duplex dwelling being subdivided to create a separate lot for each dwelling unit, where the existing dwelling units do not meet one or more of these requirements. (Ord. 2024-0017 § 54; Ord. 2019-0022 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.115 Relocated rear yard for corner lots.
   A.   Single-unit and duplex dwellings. For single-unit or duplex dwellings located on a corner lot, the rear yard may be relocated to the interior side yard of the lot. The minimum rear-yard setback and area standards apply to a relocated rear yard; provided that the rear-yard setback of a relocated rear yard may be less than 15 feet at some locations if the setback is at least five feet along the entire interior side lot boundary.
   B.   Other uses. For all uses other than single-unit and duplex dwellings located on a corner lot, the planning and design commission may, in approving site plan and design review, allow a relocated rear yard in accordance with subsection A of this section; provided, that the relocated rear yard meets the rear-yard setback and area requirements of subsection A. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.120 Requirements for through-lots.
   A.   If a through-lot has a depth of less than 125 feet, one street frontage may be considered the front of the lot and the other street frontage may be considered the rear of the lot.
   B.   If a through-lot has a depth of 125 feet or more, each street frontage shall be considered a front yard. For through lots zoned R-1, the lot may have two dwellings constructed on the lot subject to the following requirements:
      1.   For purposes of applying development standards, the lot will be treated as two lots (deemed lots), with a common rear lot line approximately equally distant from the front lot lines;
      2.   Each deemed lot shall have an area of not less than 2,500 square feet;
      3.   The setback requirements of the R-1 zone shall apply; and
      4.   Each street frontage shall have public access approved by the public works department. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.125 Allowable projections into required setback areas.
Every part of a required setback shall be open and unobstructed from its lowest point to the sky, except as permitted in this section.
   A.   Chimneys and eaves may project into any required setback up to a maximum of two feet.
   B.   A bay window may project:
      1.   Two feet into the required interior side-yard setback, provided that it is at least three feet from the interior side lot line; and
      2.   Two feet six inches into the required front-yard, street side-yard, or rear-yard setback, provided that it is at least 3 feet from the front, street-side, or rear lot line; but
      3.   Not into any vehicle parking, access, or maneuvering areas, unless the bay window is located at or above the second level of the building.
   C.   The following structures may project into a required front-yard or street side-yard setback up to 20% of the required depth of the setback if the projection does not encroach into any public utility easement or other public easement of record.
      1.   An uncovered porch.
      2.   A covered porch not exceeding a height of 10 feet, measured from the surface of the porch floor to the plate line of the porch roof.
      3.   An ornamental feature of the main building not exceeding 6 feet in height.
      4.   A projection on the street-front side of the building that does not exceed 20% of the building width on the street-front side.
   D.   Any floor above the first story of a building may project into a required front-yard or street-side yard setback up to a maximum of 2 feet if the projection does not extend into a public right-of-way.
   E.   Unenclosed stairs and ramps may project into any required setback.
   F.   Necessary landings may project into any required setback up to a maximum of 4 feet.
   G.   Fire escapes, solar energy systems, and other structures or mechanical systems may project into any required front-yard, rear-yard, or street side-yard setback up to a maximum of 4 feet.
   H.   Side-yard setbacks for additions to existing single-unit dwellings. Where an existing single-unit or duplex dwelling has been built with less than a 5-foot interior side-yard setback or 12-foot, 6-inch street side-yard setback, the side-yard setback requirement for additions may follow existing building lines, provided that the side-yard setback shall not be reduced below 3 feet. (Ord. 2025-0007 § 30; Ord. 2019-0022 § 5; Ord. 20170061 § 72; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.130 Exception to maximum setback to accommodate driveways.
If the maximum required setback is less than the required minimum driveway length, the dwelling may be set back to the minimum required driveway length. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.135 Open space for multi-unit dwellings.
   A.   A combination of private and common open space shall be provided for new multi-unit dwellings at a ratio of 100 square feet of open space per dwelling unit beyond the minimum required front-yard, side-yard, and rear-yard setbacks.
   B.   Private open space shall have a minimum depth of three feet. Common open space shall have a minimum width or depth of 20 feet.
   C.   Common open space, when provided, shall be:
      1.   Improved with trees, shrubs, living ground cover, decorative paving, seating, trash receptacles, and pedestrian-oriented lighting;
      2.   Located outdoors and open to the sky, though accessory structures or other architectural features such as eaves, balconies, pergolas, gazebos, arcades, and other shade structures may be used for shading; and
      3.   Located where there is regular foot traffic, in view of entrances and windows of adjacent buildings, and designed with landscaping and structures arranged to avoid creating hiding areas.
   D.   Common open space, where provided, may be located on a common lot, provided adequate provisions have been made for the permanent maintenance of the open space areas by a homeowners association or similar mechanism approved by the director.
   E.   Open space may include fountains, public art, children's playgrounds, and outdoor recreation facilities. (Ord. 2021-0024 § 32; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.140 Open space for offices.
   A.   Except in the C-3 zone, open space shall be provided for new office development at a ratio of one square foot of open space for every 15 square feet of office space.
   B.   Open space shall be:
      1.   In the form of courtyards or plazas improved with trees, shrubs, living ground cover, decorative paving, seating, waste bins, and pedestrian-oriented lighting;
      2.   Located outdoors and open to the sky, except that up to 10% of the open space may be covered by structures such as eaves, balconies, pergolas, gazebos, arcades, or other shade structures;
      3.   Located on the same development site as the building it serves;
      4.   Accessible to the public by being located at street level and with security gates, if any, open from dawn to dusk; and
      5.   Located where there is regular foot traffic, in view of entrances and windows of adjacent buildings, and designed with landscaping and structures arranged to avoid creating hiding areas.
   C.   Open space may include fountains, public art, children's playgrounds, and outdoor recreation facilities. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.145 Roof structures.
   A.   Penthouses not exceeding 50% of the roof area, parapets, spires, elevator towers, flag poles, and solar energy systems and other mechanical appurtenances may be erected on top of a building and exceed the maximum height allowed in the zone by up to 20%.
   B.   A building with a pitched roof may exceed the maximum height allowed in the zone by up to 20% of the maximum, provided that the plate line of the building does not exceed the maximum height allowed in the zone.
   C.   This section does not apply to antennas and telecommunication facilities, which are subject to the land use regulations in Division II. This section does apply to accessory antennas. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.150 Architectural design for vertical mixed-use development.
   A.   Vertical chase requirements for mixed-use projects. To eliminate the need for future installation of ducts, pipes, and conduit on the exterior of a building, provisions shall be made at a maximum of 60 feet on center for one-hour rated vertical chases through residential floors to accommodate commercial utilities that must circuit to the roof. The chases shall have an interior clear dimension of 24 inches by 24 inches to accommodate a Class A exhaust hood for restaurant uses.
   B.   The building design of all new residential mixed use structures shall incorporate the following construction standards in order to reduce interior noise levels:
      1.   All penetrations of exterior walls shall include ½-inch airspace. This space shall be filled loosely with fiberglass insulation. The space shall then be sealed airtight on both sides of the wall with a resilient, non-hardening caulking or mastic;
      2.   The roof shall be finished with a minimum 7/16th-inch OSB or plyboard of equivalent surface weight, minimum 30 lb, felt paper and minimum 240 lb/square foot composition shingles or equivalent;
      3.   Skylights shall not be used unless they have an STC rating of 29 or better;
      4.   Windows shall have a minimum STC rating of 28;
      5.   Windows shall have an air filtration rate of less than or equal to 0.15 CFM/lin. ft, when tested with a 25 mile per hour wind per ASTM standards;
      6.   Sliding glass doors shall have a minimum STC rating of 29;
      7.   An HVAC system shall be installed which will provide minimum air circulation and fresh air supply requirements as specified in the Uniform Building Code (UBC); and
      8.   Gravity vent openings in attic space shall not exceed code minimum in size and number.
   C.   Alternative methods and materials may be used to achieve an interior noise level of 45 dB Ldn or less, subject to the approval by the planning director. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.155 Odd-shaped lots and nonconforming lots.
   A.   Application of required setbacks to lots of peculiar shape or location is determined as follows:
      1.   Through the site plan and design review process if site plan and design review is otherwise required by this title; or
      2.   If site plan and design review is not required, by the Zoning Administrator.
   B.   A lot that was legally created, but that does not meet current minimum dimension and area requirements, may be developed and used subject to the applicable use regulations and development standards of the zone, and to any deviations to the development standards that may be approved through the site plan and design review process. (Ord. 2024-0051 § 25; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.160 Standards for uses within one-quarter mile of a light rail station.
The following standards apply to new development within ¼ mile of a light rail station:
   A.   The development shall provide pedestrian amenities such as lighting, benches, tree shading, and landscaping;
   B.   The ground level of the building shall avoid areas of blank walls that are viewable from the street;
   C.   The site design shall provide continuous, direct, convenient transit and pedestrian linkages, including walkways between principal entrances of buildings and adjacent lots;
   D.   Vehicle parking shall be located to the rear or interior side of the building and not in front of the building; and
   E.   The building's primary entrance shall have direct access to public streets and sidewalks. (Ord. 2020-0006 § 10; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.165 Mechanical equipment screening.
   A.   All mechanical equipment shall be completely screened from view from adjacent streets and public areas.
   B.   Roof-mounted equipment shall be concealed behind parapets or architecturally integrated screens.
   C.   Ground-mounted equipment shall be screened by fences, walls, or landscaping. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.170 Minimum lot size-Estate lots.
Notwithstanding any other provision of this title, the minimum lot size for estate lots within the central city is 12,000 square feet. (Ord. 2017-0061 § 73)
17.600.200 Design review districts-Purpose and effect.
   A.   Purposes. Design review districts are established for the protection and enhancement of the value, appearance, and economic development and vitality of public and private property; the maintenance of a high level of community development; and the achievement of orderly, harmonious, and integrated development in specific areas within the city.
   B.   Effect. Development in a design review district is subject to the design guidelines adopted for the design review district, rather than the citywide design guidelines. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.210 Procedure for establishing, amending, and dissolving design review districts.
   A.   The city council, the planning and design commission, and the planning director each has the authority to initiate the establishment of a new design review district and the amendment or dissolution of an existing design review district. Proceedings are commenced by filing a statement of initiation describing the proposed new district or the proposed amendment or dissolution of an existing district with the secretary of the planning and design commission.
   B.   The planning and design commission shall hold a public hearing on a statement of initiation. The procedural requirements for the hearing shall be governed by chapter 17.812. Notice of the hearing shall be given by publication and by mail to those persons requesting notice in writing, pursuant to section 17.812.030. After completion of the public hearing, the planning and design commission shall forward its recommendation on the statement of initiation to the city council.
   C.   Upon receipt of the recommendation of the planning and design commission on the statement of initiation, the city council shall hold a public hearing. The procedural requirements for the hearing shall be governed by chapter 17.812. Notice of the hearing shall be given by publication pursuant to section 17.812.030. After completion of the public hearing, the city council may, by ordinance, establish the boundaries of a new design review district or approve the amendment to or dissolution of an existing design review district. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.220 Design guidelines for design review districts.
   A.   Design guidelines may be adopted for each design review district in accordance with the notice and hearing procedures prescribed in section 17.600.210, except that the council may adopt the design guidelines by resolution.
   B.   Design guidelines for a design review district shall be consistent with the general plan and shall contain all of the following elements:
      1.   A statement of the goals for design review within the design review district;
      2.   A statement of the standards and criteria to be utilized in determining the appropriateness of any proposed building or structure or alteration thereof within the design review district; and
      3.   Any additional material as may be required, in the judgment of the city council, to achieve the purposes stated in section 17.600.200. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.300 Registered house plans-Effect.
The planning and design commission may approve registered house plans for one or more design review districts as set forth in this article. Use of registered house plans for development in the design review district for which the plans were approved exempts the development from further design review. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.310 Request for approval of registered house plans.
Approval of registered house plans may be initiated by the design director or may be requested by any interested person by submitting proposed plans to the design director. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.320 Process for approval of registered house plans.
   A.   The design director shall conduct a preliminary review of proposed registered house plans and shall prepare a written evaluation and recommendation of approval, conditional approval, or disapproval of the proposed plans. A copy of the written evaluation and recommendation shall be submitted to the applicant, if any, and shall be forwarded to the planning and design commission for hearing and decision.
   B.   At least one public hearing shall be held by the planning and design commission on a request to approve registered house plans. The procedural requirements for the hearing shall be governed by chapter 17.812. Notice of the hearing shall be given by publication and by mail to those persons requesting notice in writing, pursuant to section 17.812.030. At the conclusion of the hearing, the planning and design commission may approve, conditionally approve, or deny the request for approval of registered house plans.
   C.   In reaching its decision, the planning and design commission shall evaluate each proposal for registered house plans in accordance with the citywide design guidelines, the design guidelines for the district or districts for which the registered house plan is intended, the purposes of this chapter, and any other applicable adopted land use plans. The planning and design commission shall not approve a proposal for registered house plans unless it finds that the design is consistent with the applicable guidelines and plans and the purposes of this chapter.
   D.   On its own initiative, or at the request of the design director, the planning and design commission may cancel the approval of registered house plans as it deems appropriate to ensure a variety in the housing stock and to otherwise further the purposes of this chapter. The cancellation of the approval of registered house plans shall be subject to the same notice and hearing requirements as apply to the approval of registered house plans. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.600.330 Policies and procedures.
The design director shall establish policies and procedures addressing the development, approval, and use of registered house plans consistent with the purposes of this article. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.100 Findings and declaration of purpose.
   A.   The city council finds and declares that significant aspects of the city's rich and diverse historic resources deserve recognition and preservation to foster an understanding of our heritage, and to promote the public health and safety and the economic and general welfare of the people of the city. The preservation and continued use of historic resources are effective tools to sustain and revitalize neighborhoods and business districts within the city, enhance the city's economic, cultural and aesthetic standing, its identity and its livability, marketability and urban character.
   B.   The city council further finds and declares that the purpose of this chapter is as follows:
      1.   To establish a city preservation program, commission and staff, to implement the preservation element of the city's general plan;
      2.   To provide mechanisms, through surveys, nominations and other available means, to identify significant historic, prehistoric and cultural resources, structures, districts, sites, landscapes and properties within the city;
      3.   To provide mechanisms and procedures to protect and encourage the preservation of the city's historic and cultural resources; and
      4.   To provide standards, criteria and processes, consistent with state and federal preservation standards and criteria, for the identification, protection and assistance in the preservation, maintenance and use of historic and cultural resources.
   C.   The city council further finds and declares that the administrative responsibilities of the preservation program established under this chapter shall be assigned to a preservation commission, a preservation director, and preservation staff as follows:
      1.   The preservation commission's primary responsibilities are to develop and recommend to the council preservation policies appropriate for inclusion in the general plan and other regulatory plans and programs of the city and to provide oversight relative to the maintenance and integrity of the Sacramento register of historic and cultural resources. The preservation commission shall review, nominate and make recommendations to the council on properties eligible for listing in the Sacramento register as landmarks, historic districts and contributing resources as set forth in this chapter. The preservation commission's role in reviewing development projects shall be limited to hearing projects of major significance and appeals of the preservation director's decisions as set forth in this chapter.
      2.   The primary responsibilities of the preservation director shall be to manage the preservation program; conduct surveys; make preliminary determinations relative to properties' eligibility for listing on the Sacramento register, the potential for listing on the California Register relative to discretionary development project review under CEQA, and maintain and update the Sacramento register; review and take action on development project applications as set forth in this title; manage incentive programs as established by the council; and advise property owners, the public, city departments, and other governmental agencies on preservation standards and incentives.
      3.   The primary responsibilities of the preservation staff under the general direction of the preservation director shall be to coordinate surveys, inventories, and nominations to the Sacramento register, make recommendations to the preservation director on the eligibility of properties for listing on the Sacramento register and California Register relative to discretionary development project review and relative to proposals to demolish structures 50 years old and older, and review and take action on development project applications, as set forth in this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.200 Sacramento register.
   A.   The ordinances adopting designations and deletions of landmarks, contributing resources and historic districts shall be known, collectively, as the "Sacramento register of historic and cultural resources" or the "Sacramento register."
   B.   The original Sacramento register and any subsequent amendments, inclusions, or deletions thereto shall be on file with the city clerk.
   C.   All structures and preservation areas designated on the official register as of the date of enactment of Ordinance No. 2001-027 and on the Sacramento register as of the date of enactment of the ordinance codified in this chapter are included on the Sacramento register of historic and cultural resources (Sacramento register). All structures individually designated on the official register as essential or priority structures are designated landmarks on the Sacramento register, and shall be subject to the restrictions and conditions applicable to landmarks. All geographic areas previously designated as preservation areas designated on the official register are designated as historic districts on the Sacramento register, and are subject to the restrictions and conditions applicable to historic districts.
   D.   The preservation director shall take appropriate steps to ensure that the Sacramento register is properly maintained, regularly updated, distributed to city staff as necessary to carry out the purpose and intent of this chapter, and made available to the public. The preservation director shall also take appropriate steps to maintain and regularly update a list or compilation of resources within the city that are on the California Register of Historical Resources or the National Register of Historic Places, and to make the list or compilation available for public review and use. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.210 Criteria and requirements for listing on, and deletion from, the Sacramento register.
The criteria and requirements for listing on, or deletion from, the Sacramento register as a landmark, historic district or contributing resource are as follows:
   A.   Listing on the Sacramento register-Landmarks. A nominated resource shall be listed on the Sacramento register as a landmark if the city council finds, after holding the hearing required by this chapter, that all of the requirements set forth below are satisfied:
      1.   Requirements.
         a.   The nominated resource meets one or more of the following criteria:
            i.   It is associated with events that have made a significant contribution to the broad patterns of the history of the city, the region, the state or the nation;
            ii.   It is associated with the lives of persons significant in the city's past;
            iii.   It embodies the distinctive characteristics of a type, period or method of construction;
            iv.   It represents the work of an important creative individual or master;
            v.   It possesses high artistic values; or
            vi.   It has yielded, or may be likely to yield, information important in the prehistory or history of the city, the region, the state or the nation;
         b.   The nominated resource has integrity of location, design, setting, materials, workmanship and association. Integrity shall be judged with reference to the particular criterion or criteria specified in subsection A.1.a of this section;
         c.   The nominated resource has significant historic or architectural worth, and its designation as a landmark is reasonable, appropriate and necessary to promote, protect and further the goals and purposes of this chapter.
      2.   Factors to be considered. In determining whether to list a nominated resource on the Sacramento register as a landmark, the factors below shall be considered.
         a.   A structure removed from its original location is eligible if it is significant primarily for its architectural value or it is the most important surviving structure associated with a historic person or event.
         b.   A birthplace or grave is eligible if it is that of a historical figure of outstanding importance and there is no other appropriate site or structure directly associated with his or her productive life.
         c.   A reconstructed building is eligible if the reconstruction is historically accurate, if the structure is presented in a dignified manner as part of a restoration master plan, and if no other original structure survives that has the same association.
         d.   Properties that are primarily commemorative in intent are eligible if design, age, tradition, or symbolic value invests such properties with their own historical significance.
         e.   Properties achieving significance within the past 50 years are eligible if such properties are of exceptional importance.
   B.   Listing on the Sacramento register-Historic districts. A geographic area nominated as a historic district shall be listed on the Sacramento register as a historic district if the city council finds, after holding the hearing required by this chapter, that all of the requirements set forth below are satisfied:
      1.   Requirements.
         a.   The area is a geographically definable area; or
         b.   The area possesses either:
            i.   A significant concentration or continuity of buildings unified by: (A) past events or (B) aesthetically by plan or physical development; or
            ii.   The area is associated with an event, person, or period significant or important to city history; or
         c.   The designation of the geographic area as a historic district is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this chapter and is not inconsistent with other goals and policies of the city.
      2.   Factors to be considered. In determining whether to list a geographic area on the Sacramento register as a historic district, the following factors shall be considered:
         a.   A historic district should have integrity of design, setting, materials, workmanship and association;
         b.   The collective historic value of the buildings and structures in a historic district taken together may be greater than the historic value of each individual building or structure.
   C.   Listing on the Sacramento register-Contributing resources. A nominated resource shall be listed on the Sacramento register as a contributing resource if the council finds, after holding the hearing required by this chapter, that all of the following requirements are satisfied:
      1.   The nominated resource is within a historic district;
      2.   The nominated resource either embodies the significant features and characteristics of the historic district or adds to the historical associations, historical architectural qualities or archaeological values identified for the historic district;
      3.   The nominated resource was present during the period of historical significance of the historic district and relates to the documented historical significance of the historic district;
      4.   The nominated resource either possesses historic integrity or is capable of yielding important information about the period of historical significance of the historic district; and
      5.   The nominated resource has important historic or architectural worth, and its designation as a contributing resource is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this chapter.
   D.   Deletions from the Sacramento register. An application to delete a listed historic resource from the Sacramento register may be approved if the city council finds, after holding the hearings required by this chapter, that the listed historic resource no longer meets the requirements set forth above; provided that where a landmark or contributing resource is proposed for deletion due to a loss of integrity, the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.220 Procedures for nomination of resources for listing on Sacramento register.
   A.   Initiation of nomination proceedings.
      1.   Statement of nomination. The city council, preservation commission and the preservation director shall each have the authority to initiate proceedings to nominate resources for listing on the Sacramento register as landmarks, historic districts, or contributing resources by filing a statement of nomination with the secretary to the preservation commission.
      2.   Hearing by preservation director. The preservation director shall hold at least one public hearing on a statement of nomination filed under paragraph 1 of this subsection. The procedural requirements of the hearing and the content of the notice are governed by chapter 17.812. Notice of the hearing shall be given by mail to the owner of the resource proposed for nomination or, in the case of a nomination of a historic district, to all property owners within the proposed district.
      3.   Decision and notification-Concurring with statement of nomination. At the conclusion of the hearing, the preservation director shall issue a written decision. The preservation director shall base his or her decision on the criteria, considerations and assessment of integrity and significance outlined in this chapter.
         a.   If the preservation director concurs, in whole or in part, with the statement of nomination, the director shall issue a written statement of the reasons for the nomination based on the eligibility criteria for listing on the Sacramento register and shall include a description of the resource's significant features and characteristics. Upon issuance of the preservation director's written statement, the resource shall be deemed nominated for listing on the Sacramento register. The preservation director shall transmit or cause to be transmitted written notice of the decision to the preservation commission and to the owner of the nominated resource or, in the case of a nomination of a historic district, to all property owners within the proposed district. The notice of decision shall include the following:
            i.   Notification that the resource has been nominated for listing on the Sacramento register as a landmark or contributing resource, along with the statement of the reasons for the nomination issued by the preservation director. In the case of a nomination of a historic district, the notice shall include a description of the proposed boundaries of the district and whether the owner's property is proposed to be added as a contributing or non-contributing resource;
            ii.   A general explanation of the nomination process, including the noticed hearings before the preservation commission and the council, and the provisions of section 17.604.240 on the effects of nomination on development projects;
            iii.   A general explanation of the effects of placement on the Sacramento register, including the restrictions on alteration and demolition, as well as the general benefits from placement on the register.
         b.   If the preservation director does not concur, in whole or in part, with the statement of nomination, the director shall issue a written statement of the reasons for not concurring in the nomination. The preservation director shall transmit written notice of the decision to the preservation commission and to the owner of the resource or, in the case of the nomination of a historic district, to all property owners within the proposed district. The notice shall include the date of the preservation commission meeting at which the preservation commission will review and consider the matter under subsection B.1.b of this section.
   B.   Nomination of resource to Sacramento register-Hearing by the preservation commission.
      1.   Notice and hearing.
         a.   If the preservation director concurs with the statement of nomination, the preservation commission shall hold at least one public hearing on the nomination. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. The notice shall also include the statement of the reasons for the nomination issued under subsection A.3 of this section. The identification of significant features and characteristics in the notice shall not be considered binding on the preservation commission or council, and nothing shall prevent or preclude the preservation commission or council from identifying different, additional or fewer significant features and characteristics. Notice of the hearing shall be given by mail pursuant to section 17.812.030.B.3.
         b.   If the preservation director does not concur with the statement of nomination, the preservation director shall present the matter to the preservation commission for its review and consideration at its next available regular meeting or at a special meeting. The preservation commission may direct the preservation director to set the nomination for hearing under subsection B.1.a of this section, in which case the resource is deemed nominated for listing on the Sacramento register. The preservation director shall transmit written notice of the preservation commission's action to owners of the nominated resources or, in the case of a nomination of a historic district, to all property owners within the proposed district, in the manner provided in subsection A.3 of this section.
      2.   Recommendation. At the conclusion of the hearing, the preservation commission shall make a recommendation to the city council on the nomination. The preservation commission shall base its recommendation on the criteria, considerations and assessment of integrity and significance outlined in this chapter. If it recommends listing of the nominated resource on the Sacramento register, the preservation commission shall specify the significant features or characteristics of the nominated resource. In the case of a recommendation for listing of a historic district on the Sacramento register, the preservation commission shall identify as a contributing resource any property, structure, feature, or other resource within the nominated historic district that it determines contributes to the district's designation as a historic district. Properties, structures, features or other resources that happen to be located within the nominated historic district boundaries, but that have no relevance to the area's identified significance, significant physical features or identifying characteristics, shall be deemed non-contributing resources.
      3.   Transmittal to city council. The preservation director shall transmit to the city clerk for review by the city council the preservation commission's recommendations on placement of nominated resources on the Sacramento register.
   C.   Nomination of resource to Sacramento register-Hearing and decision by city council.
      1.   Notice and hearing. The city council shall hold at least one public hearing on the nomination as recommended by the preservation commission. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. Notice of the hearing shall be given by publication and mail pursuant to sections 17.812.030.B.1 and 3.
      2.   Decision. At the conclusion of the hearing, the city council may adopt, modify or reject the action recommended by the preservation commission. In the alternative, the city council may refer the proposed action to the preservation commission for further hearings, consideration or study. The significant features and characteristics of the nominated property identified by the preservation director and the preservation commission shall not be considered binding on the council, and nothing shall prevent or preclude the council from identifying different, additional or fewer significant features and characteristics. Adoption of any listing on or deletion from the Sacramento register shall be made by uncodified ordinance which shall contain findings of fact in support of each designation. The uncodified ordinance shall identify significant features or characteristics of resources added to the Sacramento register, and shall identify contributing resources and noncontributing resources in a historic district. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.230 Procedures for deletion of listed resources from the Sacramento register.
   A.   Request to delete historic resource from the Sacramento register.
      1.   Historic districts. The city council, preservation commission and the preservation director shall have the authority to initiate proceedings to request the deletion of a historic district from the Sacramento register by filing a statement of deletion with the secretary to the preservation commission.
      2.   Landmarks and contributing resources. The owner of a landmark or contributing resource may submit an application for deletion of the listed historic resource from the Sacramento register by filing an application with the preservation director.
      3.   Historic resources no longer eligible for the Sacramento register. The preservation director shall periodically propose and process for deletion from the Sacramento register those listed historic resources that have been lawfully removed, demolished or disturbed to such an extent that, in the preservation director's opinion, they no longer qualify for listing on the register.
      4.   Early notification. The preservation director shall provide early notification of requests for the deletion of a listed historic resource from the Sacramento register in accordance with the policies and procedures established under Section 17.812.030.E.
   B.   Request to delete landmarks and contributing resources-Preliminary determination of preservation director.
      1.   Preliminary determination. Within such time that is reasonable and practicable after the preservation director has determined that an owner's application for deletion is complete, the preservation director shall make a preliminary determination on whether the listed historic resource is eligible for deletion from the Sacramento register based on the criteria specified in section 17.604.210. If the preservation director determines that the listed historic resource is eligible for deletion from the Sacramento register, the application shall be set for hearing by the preservation commission pursuant to subsection C of this section. If the preservation director determines that the listed historic resource is not eligible for deletion from the Sacramento register, the application shall be considered to be denied.
      2.   Notice of preliminary determination. The preservation director shall give written notice of the preliminary determination to the applicant and to those who received early notice of the application for deletion under subsection A.4 of this section.
      3.   Appeal. Any person dissatisfied with a preliminary determination by the preservation director that a listed historic resource is not eligible for deletion from the Sacramento register may appeal the determination to the preservation commission. The appeal hearing by the preservation commission shall be noticed, heard, and otherwise governed by the provisions of subsection C of this section.
   C.   Request to delete historic resource from Sacramento register-Hearing by the preservation commission.
      1.   Notice and hearing. Upon receipt of a statement of deletion, an application by an owner to delete a historic resource from the Sacramento register, or an appeal from the preservation director's preliminary determination that a historic resource is not eligible for deletion from the Sacramento register, the preservation commission shall hold at least one public hearing on the deletion. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. Notice of the hearing shall be given by mail pursuant to section 17.812.030.B.3.
      2.   Recommendation.
         a.   Except as provided in subparagraph b of this paragraph 2, the preservation commission shall make a recommendation to the city council on the proposed deletion. The preservation commission shall base its recommendation on the criteria, considerations and assessment of integrity and significance outlined in this chapter.
         b.   In the case of an appeal from the preservation director's preliminary determination that a historic resource is not eligible for deletion from the Sacramento register, if the preservation commission determines that the historic resource is not eligible for deletion and denies the appeal, the decision of the preservation commission shall be final and shall not be subject to appeal.
      3.   Transmittal to city council. The preservation director shall transmit to the city clerk for review by the city council the preservation commission's recommendations on the deletion of historic resources from the Sacramento register.
   D.   Request to delete historic resource from Sacramento register-Hearing and decision by city council.
      1.   Notice and hearing. The city council shall hold at least one public hearing on the proposed deletion as recommended by the preservation commission. The procedural requirements of the hearing and the content of the notice shall be governed by chapter 17.812. Notice of the hearing shall be given by publication and mail pursuant to sections 17.812.030.B.1 and 3.
      2.   Decision. At the conclusion of the hearing, the city council may adopt, modify or reject the action recommended by the preservation commission. In the alternative, the city council may refer the proposed action to the preservation commission for further hearings, consideration or study. Approval of the deletion of a historic resource from the Sacramento register shall be made by uncodified ordinance that shall contain findings of fact in support of the deletion. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.240 Nominated resources-Protections pending final decision.
   A.   Subject to the time limits set forth in subsection B of this section, any resource nominated as a landmark or contributing resource under subsections A or B.1.b of section 17.604.220 shall be considered to be a landmark or contributing resource for purposes of article IV, and it shall be subject to the restrictions and protections of article IV as further provided in section 17.604.400. Any geographic area nominated as a historic district under subsections A or B.1.b of section 17.604.220 shall be considered to be a historic district for purposes of Article IV of this chapter, and the properties located within the proposed historic district shall be subject to the restrictions and protections of article IV as further provided in section 17.604.400.
   B.   Subsection A of this section shall apply for a period of 180 days from the date the property becomes a nominated resource. After 180 days have elapsed, if the city council has not adopted an ordinance designating the nominated resource as a landmark, contributing resource or historic district, subsection A of this section shall no longer apply; provided, that the council may adopt an ordinance for a single extension of time to consider the nomination up to an additional 180 days.
   C.   Listed historic resources proposed for deletion from the Sacramento register are subject to the restrictions and protections of article IV unless and until a final decision is made by the city council to delete the listed historic resources from the Sacramento register. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.250 Frequency of nominations.
When a nomination for listing of a resource on the register is denied, no new nomination for listing of the same or substantially the same resource may be filed or submitted for a period of one year from the effective date of the final denial of the nomination. Where a nomination for deletion of a listed historic resource from the register has been denied, no new application to delete the same listed historic resource may be filed or submitted for a period of one year from the effective date of the final denial. (Ord. 2024-0017 § 55; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.300 Historic district plans.
   A.   The preservation commission shall promulgate and recommend to the council for adoption a historic district plan for each preservation area existing as of the date of enactment of Ordinance No. 2006-063, and for each historic district designated pursuant to this chapter. Each historic district plan shall include:
      1.   A statement of the goals for review of development projects within the historic district;
      2.   A representation of the historical development of land uses, existing land uses, and any adopted plans for future land uses;
      3.   A statement of findings, including the following:
         a.   The historical or pre-historical period to which the area is significant;
         b.   The predominant periods or styles of the structures or features therein;
         c.   The significant features and characteristics of such periods or styles, as represented in the historic district, including, but not limited to, structure height, bulk, distinctive architectural details, materials, textures, archeological and landscape features and fixtures; and
         d.   A statement, consistent with article II, of the standards and criteria to be utilized in determining the appropriateness of any development project involving a landmark, contributing resource or noncontributing resource within the historic district.
   B.   The preservation commission shall conduct a public hearing or hearings on the proposed historic district plan. The procedures set forth in article II shall govern the preservation commission's review and action on any proposed historic district plan. At the conclusion of the hearing, the preservation commission may affirm, modify or rescind any portions of the proposed historic district plan. A notice of decision and recommendations in support thereof shall be filed in the office of the preservation director.
   C.   The preservation director shall transmit the preservation commission's recommended historic district plan to the city clerk for the council's review. The procedures set forth in article II shall govern the city council's action on any proposed historic district plan. No historic district plan shall be considered adopted unless it has been approved by the council. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.400 Review of development projects involving nominated resources.
   A.   Resources nominated as landmarks and contributing resources. For purposes of this chapter, resources nominated as landmarks and contributing resources under section 17.604.220 shall be treated as if they are landmarks and contributing resources on the Sacramento register, and development projects involving these resources shall be subject to staff review under the general direction of the preservation director, a preservation director hearing or a preservation commission hearing pursuant to section 17.808.100 et seq.
   B.   Other resources within nominated historic districts. Resources within geographic areas nominated for consideration as historic districts that are not nominated or identified as potential contributing resources shall be treated as non-contributing resources in a historic district. Development projects involving these resources shall be subject to staff review under the general direction of the preservation director, a preservation director hearing or a preservation commission hearing pursuant to section 17.808.100 et seq. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.420 City projects.
   A.   General. Except as provided below, the provisions of this title requiring site plan and design review by the preservation commission or the preservation director shall apply to development projects involving landmarks, contributing resources, or noncontributing resources that are owned by the city, including public projects within the Old Sacramento national historic landmark historic district; provided that the preservation commission or preservation director shall make a recommendation on the proposed project relative to standards and guidelines for historic properties review to the city council or other city decision-making body, entity, or person, rather than issuing a decision. When acting on city projects, the city council or other city decision-making body, entity, or person shall apply the same standards and guidelines, and shall make the same findings, required for private projects.
   B.   Exception. The council may, by resolution or ordinance, exempt from review by the preservation director or preservation commission individual city projects or categories of city projects. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.500 Notice by building official to preservation director.
The building official shall notify the preservation director upon designation of any listed historic resource or any nominated resource as a substandard, dangerous, or immediately dangerous building, structure or resource. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.510 Reports of notices and orders to preservation director.
The secretary of the housing code advisory and appeals board, the code enforcement manager, and the building official shall forward to the preservation director all notices and orders involving any nominated resource and any listed historic resource within 10 days of any such notices or orders. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.520 Demolition of immediately dangerous structures-Listed historic resources.
   A.   The provisions of this chapter shall not be construed to regulate, restrict, limit or modify the authority of the city and the building official or his or her designee as specified below, to issue demolition or other permits under the building code set forth in title 15 for the abatement of any nominated resource or any listed historic resource determined to be immediately dangerous, pursuant to the summary procedures set forth in chapter 8.96; provided that the procedures set forth in this section are followed. Whenever a provision of this section requires that an action be taken by the building official and the building official is absent or otherwise unavailable, then the building official's designee shall be authorized to take the action.
   B.   Any permits authorizing the demolition of a nominated resource or a listed historic resource determined to be immediately dangerous pursuant to the summary procedures set forth in chapter 8.96 shall be issued personally by the building official after complying with the review and consultation process set forth in this section.
   C.   The building official may issue a permit authorizing the demolition of a nominated resource or a listed historic resource determined to be immediately dangerous pursuant to the summary procedures set forth in chapter 8.96; provided that prior to issuing the demolition permit, the building official shall first consult with the preservation director and the chairperson of the preservation commission for the purpose of discussing (i) whether the condition of the building, structure or other resource is immediately dangerous within the meaning of this code; and (ii) whether there are any feasible alternatives to demolition that will protect adequately the health and safety of the public, including but not limited to abatement of the immediate threat through repair as specified in chapters 8.96 and 8.100, securing the premises through security fencing or other measures, stabilization and limited demolition; and provided further that if the building official determines that the building, structure or resource is immediately dangerous and that there is no feasible alternative to demolition to abate the immediate and present threat to life, health or safety of the public, the building official may issue a permit authorizing the demolition of the structure without complying with the consultation process, although the building official shall make all reasonable efforts to comply with the consultation process before issuing such permit. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.530 Lawful demolition, removal or disturbing of listed historic resource-Deletion-Restrictions.
   A.   When an individually listed landmark on the Sacramento register, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the city clerk upon notice from the preservation director, shall cause such landmark, or portion thereof, to be deleted from the Sacramento register. Upon deletion, the provisions of this chapter shall not be considered to encumber any remaining property on which the landmark was located. A landmark in which a majority of the significant features and characteristics are destroyed by a natural disaster, act of God or other similar event not attributable to the willful or intentional action of the owner or owner's agent, shall be considered lawfully demolished, removed or disturbed for the purposes of this section.
   B.   When a listed historic resource in a historic district, or portion thereof, has been lawfully demolished, removed or disturbed pursuant to any provisions of this chapter, the city clerk upon notice from the preservation director, shall cause such listed historic resource, or portion thereof, to be downgraded to a noncontributing resource in the historic district. A listed historic resource in a historic district in which a majority of the significant features and characteristics are destroyed by a natural disaster, act of God or other similar event not attributable to the willful or intentional action of the owner or owner's agent shall be considered lawfully demolished, removed or disturbed for the purposes of this section. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.600 Proposed demolition or relocation of buildings or structures that are fifty years old or older-Review for nomination for listing on Sacramento register.
   A.   If a permit is sought to demolish or relocate a building or structure that was constructed at least 50 years prior to the date of application for demolition or relocation, and that building or structure is not currently on the Sacramento register, is not the subject of a pending nomination, has not been nominated for listing on the official register or reviewed pursuant to this section within the past three years, the permit application shall be referred to the preservation director to allow the director to make a preliminary determination whether the structure should be nominated for listing on the Sacramento register. For purposes of this section, a building or structure for which a building permit issued and construction commenced not less than 50 years prior to the date of application for a demolition or relocation permit shall be considered to have been constructed not less than 50 years ago, regardless of when the construction was completed, and regardless of whether the building or structure was thereafter expanded, modified or otherwise altered. Absent sufficient evidence to the contrary, the date of issuance of the building permit shall be considered to be the date on which construction commenced.
      1.   Exception: Buildings and structures within other surveyed areas. To the extent that surveys have been prepared for other areas, and the council has approved and adopted these surveys, the council may provide, by resolution or ordinance, that this section shall apply only to those buildings or structures that the survey has identified as potential landmarks or contributing resources.
   B.   Preliminary determination by preservation director.
      1.   Preliminary determination-Time limit-Criteria. Within 45 days of receipt of an application to demolish or relocate a building or structure under subsection A of this section, the preservation director shall make a preliminary determination of whether the building or structure is eligible for listing on the Sacramento register. In making this preliminary determination, the preservation director shall apply the eligibility criteria and requirements specified in section 17.604.210. The preservation director shall find that the building or structure is eligible for consideration for listing on the Sacramento register if the director finds that there is a reasonable likelihood that the building or structure will be placed on the Sacramento register following completion of the notice and hearing requirements of this chapter.
      2.   Preliminary determination-Notice. The preservation director shall notify the property owner of the preliminary determination by first-class, prepaid mail. Failure of the preservation director to act within the 45 day period shall be considered to be a determination that the structure is not eligible for listing on the register. For purposes of this section, the decision shall be considered to have been made on or before the date of mailing of the notice.
      3.   Preliminary determination-Effect.
         a.   If the preservation director determines that the building or structure is eligible for listing on the Sacramento register, the building or structure shall be deemed nominated for listing on the Sacramento register under subsection A of section 17.604.220 and shall be subject to section 17.604.240, except that the restrictions of subsection B of section 17.604.240 shall apply for a period of 45 days from the date of the preservation director's preliminary determination under this subsection B and the time by which the council may extend the time period shall be limited to an additional 45 days.
         b.   If the preservation director determines that the building or structure is not eligible for listing on the Sacramento register, the permit to demolish or relocate the building or structure shall be issued without further restrictions under this chapter. The decision of the preservation director that the building or structure is not eligible for listing on the Sacramento register is final and is not subject to appeal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.700 Incentive programs.
The preservation commission is authorized to develop and implement preservation incentive programs that are consistent with this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.710 California Historical Building Code.
The building official is authorized to use and shall use the California Historical Building Code for projects involving landmarks and contributing resources. The preservation commission and the preservation director are authorized to and shall utilize the California Historical Building Code for preservation projects. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.720 Mills Act contracts.
   A.   This section implements the Mills Act (California Government Code section 50280 et seq.), related to historical property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner.
   B.   An owner of any of the following properties that are not exempt from taxation may apply to enter into a Mills Act contract with the city: a property listed in the Sacramento register (either as a landmark or a contributing resource within a historic district); a property within the city that is listed in the National Register of Historic Places (either as an individual listing or as a contributing property within a national register historic district); or a property within the city that is listed in the California Register of Historical Resources. Properties that have been previously listed in one or more of the abovementioned registers, but that have been removed from the register and are no longer listed, are not eligible for a Mills Act contract with the city.
   C.   The city council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar year.
   D.   When considering whether an applicant is suitable for a Mills Act contract, the city, in its sole discretion, may give priority to applicants that demonstrate any of the following:
      1.   The property is particularly significant due to its historic value, location, or other attribute.
      2.   The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property.
      3.   The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources.
   E.   The preservation director shall make available Mills Act application materials.
   F.   A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the preservation director and pay a processing and administrative fee in an amount established by resolution of the city council. The preservation director, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the preservation director determines the applicant is suitable for a Mills Act contract, the preservation director shall prepare and make recommendations on the contents of the contract for consideration by the city council.
   G.   The city council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract. Should the city council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied.
   H.   A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action, or where the council fails to take action, within one year from the date that the application is deemed denied pursuant to subsection G of this section. (Ord. 2018-0039 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.730 Preservation incentives-Open space waiver.
At site plan and design review, the preservation director may waive up to 100% of required private open space requirements applicable to the reuse of a listed historic resource. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.740 Preservation incentives-Adaptive reuse density.
An applicant may elect to comply with either the density provisions of the applicable zone or the provisions of subsections A, B, and C.
   A.   The development project shall consist of the residential reuse of a nonresidential listed historic resource.
   B.   The adaptive reuse density shall apply only to that portion of the development project located within the original building envelope of the listed historic resource.
   C.   The adaptive reuse density shall not exceed one dwelling unit per 750 square feet of gross floor area within the original building envelope of the listed historic resource. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.750 Preservation incentives-Commercial and office use.
Except for a listed historic resource used as a single-unit dwelling, commercial or office uses are permitted to occupy up to 100% of the original building envelope of a listed historic resource. (Ord. 2017-0061 § 74; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.800 Minimum maintenance requirements.
The owner, lessee or other person legally in possession of a listed historic resource shall comply with all applicable codes, laws and regulations governing the maintenance of the resource. Additionally, it is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of listed historic resources and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Listed historic resources shall be preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
   A.   Façades that may fall and injure members of the public or property;
   B.   Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
   C.   Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
   D.   Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
   E.   Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering; and
   F.   Any fault or defect in the building which renders it structurally unsafe or not properly watertight. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.604.900 Prohibitions.
It is unlawful and a violation of this chapter for any person to cause, willfully or otherwise, by action or inaction, the alteration of, environmental change to, damage to or demolition of any significant features or characteristics of a landmark or all or portion of a historic district, or other listed historic resource, or National Register resource or California Register resource, without first having obtained a proper city authorization for same. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.100 General requirements.
   A.   Applicability. The regulations in this article apply to walls and fences on residential or nonresidential property. These regulations do not apply to sound walls along arterial streets.
   B.   Measurement of height of fences and walls. The height of a wall or fence is measured from the highest point of the fence or wall to the adjacent finish grade. Where the finish grades differ on each side of the wall or fence, such as when the wall or fence is also used as a soil retaining structure, the height is measured from the higher adjacent finish grade.
   C.   Clear zones; driveways within setbacks on local streets. On local streets, notwithstanding sections 17.620.110.A.1 and A.2, a wall or fence, including those constructed with tubular steel or wrought iron, may not exceed 3.5 feet in height within the triangular areas next to the intersection of the driveway and the front-yard or the street side-yard curb. This triangular area, as shown in Exhibit A, is defined by the following three lines: (1) the edge of the driveway that meets the right-of-way; (2) either the back of the sidewalk or the right-of-way line closest to the driveway, whichever is furthest from the street centerline; and (3) a line connecting the following two points: (i) the point on the back of sidewalk or the right-of-way line, whichever is furthest from the street centerline, that is 10 feet from the edge of the driveway, and (ii) the point along the edge of the driveway 10 feet from the back of the sidewalk or the right-of-way line, whichever is furthest from the street centerline. The back of the sidewalk is the edge of the sidewalk furthest from the street centerline.
Exhibit A
 
   D.   Maintenance. Maintenance of the wall or fence is the responsibility of the owner of the property on which the fence or wall is located.
   E.   Nonconforming wall or fence. A property owner may repair, maintain, or replace in the same location a wall or fence that does not conform to these regulations if the wall or fence was constructed prior to February 14, 1980. (Ord. 2021-0024 § 34; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.110 Regulations for residential development.
The regulations in this section apply to walls and fences for single-unit, duplex, and multi-unit dwelling developments.
   A.   Front yards and street side yards. Walls or fences not exceeding 4 feet in height may be placed along the front and street side property lines or within the front-yard and street side-yard setback areas, subject to the following exceptions.
      1.   Exception-Welded-metal fences. A decorative, open wrought-iron or tubular-steel fence not exceeding 6 feet in height may be placed along the front and street side property lines or within the front-yard and street side-yard setback areas.
         a.   This exception does not authorize solid walls or fences composed of chain link, woven wire, wood, or materials other than open wrought iron or tubular steel.
         b.   A post or pilaster, consisting of masonry, brick, or other solid material, not exceeding 18 inches square and 6 feet tall, may be used to support a wrought iron or tubular steel fence at a minimum distance between posts of 6 feet.
      2.   Exception-Chain link and woven-wire fences. Chain link and woven-wire fences are prohibited within the front-yard and street side-yard setback areas.
      3.   Exception-Street side-yard setback area.
         a.   Fence location. A fence or wall not exceeding 6 feet in height may be placed within the street side-yard setback area if it is either located at least five feet from the street side property line or is placed on a line parallel to the street and that represents the extension of the wall of the main building that is nearest to the street.
         b.   Landscaping requirement. Climbing vines, shrubs, or trees shall be planted along the base of that portion of the wall or fence that fronts a public street. The remaining setback area between the wall or fence and property line shall be landscaped with grass or other low groundcover. All plants shall be properly irrigated and maintained. Only living vegetation may be used to meet the landscaping requirements.
      4.   Exception-Gate feature. A decorative gateway feature is permitted if the feature has a maximum height of 10 feet, a maximum length of 8 feet, and a maximum width of 24 inches.
   B.   Rear yard and interior side yard.
      1.   Except as provided in subparagraphs a and b below, a wall or fence not exceeding 6 feet in height may be placed along the rear or interior side property lines or within the rear or interior side yard setback area.
         a.   A wall or fence not exceeding 8 feet in height may be placed along a rear or interior side property line that abuts a school, park, alley, or other nonresidential use.
         b.   A development abutting a freeway or railroad may construct a solid wall up to 12 feet in height for purposes of sound attenuation. The wall shall comply with the development standards for sound walls in article III.
      2.   A decorative gateway feature is permitted as long as the feature has a maximum height of 10 feet, a maximum length of 8 feet, and a maximum width of 24 inches.
      3.   Fences exceeding 6 feet in height are allowed outside the required rear-yard and interior side-yard setback areas.
   C.   Multi-unit dwelling-Wall requirement.
      1.   A multi-unit dwelling located on a single parcel shall provide a minimum of 6-foot high solid wall of masonry, brick, or similar material along all property lines that border the on-site parking lot and which abut a single-unit dwelling, duplex dwelling, or a lot within any of the zoning districts in chapter 17.204.
      2.   The 6-foot wall shall not extend into any required front-yard or street side-yard setback of the multi-unit dwelling development or adjacent residential development.
      3.   The height of the wall in the front-yard or street side-yard setback area shall comply with subsection A of this section.
   D.   Concertina wire; barbed wire.
      1.   Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury is prohibited, unless required by court order or allowed pursuant to subsection D.2.
      2.   A site plan and design review deviation under article I of chapter 17.808 to allow use of these fencing materials may be approved if the decision maker finds that use of these fencing materials is reasonably necessary to protect persons or property and will not constitute a safety hazard to members of the public conducting themselves in a lawful manner.
      3.   These fencing materials shall not protrude into or over the public right-of-way. (Ord. 2019-0006 § 14; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.120 Regulations for nonresidential development.
The following regulations apply to walls and fences for nonresidential development:
   A.   Parcel abutting residential zone or use.
      1.   A development, improvement, or use of a site for other than residential purposes shall provide a minimum 6-foot high solid wall of masonry, brick, or similar material along all property lines which abut a residential zone or use.
      2.   The wall shall not extend into any front yard or street side yard setback area, or beyond the required setbacks of the abutting residential zone or use.
      3.   If the development is separated from a residential zone or residence by an alley, no wall or fence is required.
      4.   Front and street side yard. A wall or fence in the front-yard or street side-yard setback area shall comply with the residential requirements for a wall or fence in section 17.620.110.A.
   B.   Wall or fence adjacent to public street or public right-of-way.
      1.   If a wall or fence is placed adjacent to a paved area or parking lot adjoining a public street or public right-of-way, a minimum 4-foot wide (excluding concrete curbs) landscaped and irrigated planting strip composed of climbing vines, shrubs, or trees is required along the base of that portion of the wall or fence that fronts the public street or public right-of-way.
      2.   If at least 75% of the wall or fence is transparent, the planting strip may be located inside the wall or fence. Otherwise, the planting strip shall be located between the public street or right-of-way and the wall or fence. Such landscaping shall be properly irrigated and maintained.
(Ord. 2024-0017 § 61; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.130 Special fencing.
   A.   Purpose. The purpose of this section is to—
      1.   Protect private property from trespass and theft;
      2.   Ensure the public is not physically injured by fence materials; and
      3.   Maintain or improve the aesthetic quality and character of neighborhoods by establishing appropriate locations for fence and wall materials that, by functional design, are prominently visible.
   B.   Barbed wire, concertina wire, woven wire, and other similar materials.
      1.   Barbed wire, concertina wire, woven wire, and other similar fencing materials capable of inflicting significant physical injury, excluding electrified fencing (which is addressed in subsection C below), are allowed only in the M-1, M-1(S), M-2, and M-2(S) zones, if they are located at a height of 6 feet or more above grade. These fence materials are prohibited in all other zones.
      2.   Site plan and design review shall not be granted for a deviation from the height standard set forth in this subsection B unless the decisionmaker finds the property has unique physical characteristics that prevent strict compliance with this section.
   C.   Electrified fencing. An administrative permit for electrified fencing will be granted if it complies with the following:
      1.   Location. Electrified fencing is allowed only in the M-1, M-1(S), M-2, and M-2(S) zones.
      2.   Standards. Electrified fencing must comply with the following:
         a.   Electric fence height. Maximum height is 10 feet.
         b.   Perimeter fence or wall.
            i.   Height. Except as required by subsection C.2.c below, and for vehicle access gates along roadways, electrified fencing must be surrounded by a non-electrified fence or wall at least 6 feet in height.
            ii.   Setback.
               1.   An electric fence must be set back a minimum of 12 inches from any opening of 3 inches or less in the perimeter fence or wall.
               2.   An electric fence must be set back a minimum of 36 inches from any opening greater than 3 inches in the perimeter fence or wall.
         c.   Adjacent to residential zones or uses or schools. When abutting residentially-zoned property, residential uses, or school uses, a solid masonry, brick, or similar material perimeter wall of 8 feet in height is required.
         d.   Existing barbed wire, concertina wire, and other similar fencing materials capable of inflicting significant physical injury must be removed before completing installation of an electrified fence.
         e.   Electrical standards. All electrified fences must conform to the following standards:
            i.   International Electrotechnical Commission (IEC) standards for electric fence energizers; and
            ii.   California Electrical Code (CEC).
         f.   Electrification.
            i.   Energizers for electrified fences must be powered by a commercial storage battery not to exceed 12 volts DC. The building official may approve a source of equal or less power.
            ii.   Electric charges produced by electrified fencing must not, upon contact, exceed the energizer characteristics set forth in the IEC standard for electric fence energizers.
            iii.   Non-low voltage electrical components (e.g., controllers, transformers) of the electric fencing system must be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).
         g.   Warning signs. Electrified fencing must be identified with signage conforming to the following:
            i.   Have a minimum dimension of 9 inches by 12 inches;
            ii.   Be placed at intervals not greater than 30 feet on both the inside and outside of the fence; and
            iii.   Read "Warning! Electric Fence" in English along with the international electrical safety symbol for voltage or shock hazard. Sign content may, in addition to English, also be provided in other languages.
         h.   Emergency access. Access through the electrified fencing must be provided to first responders (e.g., police, fire, etc.) as follows:
            i.   A "Knox Box" or other similar approved device must be installed in locations approved by the building official;
            ii.   A means to disconnect electrical power to the fence must be readily available, as determined by the building official;
            iii.   Disconnect switches and controls must be in an accessible location on the property and may not be obscured in any manner from the street or private driveway access;
            iv.   Signage must be provided identifying disconnect switches and controls in addition to instructions for disabling the electrical system; and
         i.   Access By First Responders.
            i.   By accepting a permit for an electrified fence, the owner and its assigns agree to the following: If emergency access features required by Sacramento City Code section 17.620.130 are absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present, or refuses to or is unable to disable the electrified fence, the permittee authorizes first responders, including the police and fire departments, to disable the electric fence to gain access to the property. Permittee further agrees to waive all claims for damages to the electrified fence against the city and its personnel under such circumstances.
            ii.   The language in subsection C.2.i.i above will be stated on the permit. (Ord. 2024-0017 § 62)
17.620.200 General requirements.
In addition to article I, the regulations in this article II apply to gated single-unit dwelling and duplex dwelling developments of three or more dwellings on a development site greater than 2.5 acres. The regulations establish permit requirements and design and operational standards for these gated developments. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.210 Conditional use permit required.
Gated single-unit dwelling and duplex dwelling developments of three or more dwellings on a development site greater than 2.5 acres require a planning and design commission conditional use permit. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.220 Design and operational standards for gated residential developments.
The design and operational standards in this section apply when reviewing a conditional use permit for a gated development under this article II.
   A.   Design and location of gates shall conform to the requirements of chapter 17.508.
   B.   Gated entrances shall be designed to allow vehicles to turn around within the driveway, without backing into the adjacent street, except on minor local streets.
   C.   Gates shall be designed to provide 24-hour access by authorized maintenance and service providers, such as utilities, mail, parcel delivery, and cable.
   D.   Gate designs shall include emergency hardware to ensure proper emergency access to the satisfaction of the city fire, police, transportation, and utilities departments.
   E.   One pedestrian access gate shall be provided at each gated driveway entrance.
   F.   "Anti-directional" devices, such as metal spikes that can cause tire damage, are prohibited at entrances and exits.
   G.   Covenants, conditions, and restrictions (CC&Rs) shall be established and recorded for the gated development. The CC&Rs shall identify, and at all times keep in effect, a legal entity responsible for maintaining the gates and associated features. (Ord. 2017-0061 § 83; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.300 Purpose.
The purpose of this article is to provide standards for structural stability and design of walls along arterial streets and state highways. All other design options, such as front-on lots with circular driveways, frontage roadways, or side-on lots, shall be considered first in protecting residential areas from adverse environmental impacts and walls shall be required only as a last design option. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.310 Applicability.
The standards set forth in this article apply to the following:
   A.   Walls required by noise studies or conditions of a conditional use permit or other land use permit; and
   B.   Walls along arterial streets (as identified in the general plan), freeways, and railroads. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.620.320 Development standards.
The standards in this section apply to sound walls required by this article.
   A.   Design. The wall shall be designed to be in character, scale, and style of the surrounding neighborhood. The wall design and appearance shall be reviewed and approved by the zoning administrator.
   B.   Materials. Walls shall be constructed of brick, concrete, or masonry material. The wall surface shall be easy to maintain.
   C.   Height.
      1.   Walls shall have a minimum height of 6 feet and a maximum height of 8 feet above the adjacent finish grade along arterial streets. Walls shall have a minimum height of 6 feet and a maximum height of 12 feet above the adjacent finish grade along freeways and railroads.
      2.   The height of the wall is measured from the highest point of the wall to the adjacent finish grade. Where the finish grades differ on each side of the wall or fence, such as when the wall is also used as a soil retaining structure, the height is measured from the higher adjacent finish grade.
      3.   If required to conform to environmental mitigation measures or the noise element of the general plan, as documented in a noise study, a wall in excess of the height limit stated in this subsection C is permitted as necessary to attenuate noise to comply with the mitigation measure or the general plan.
      4.   Walls required to be greater than 8 feet in height shall be constructed utilizing soil mounding to reduce the apparent height.
      5.   A wall in the front-yard or street side-yard setback area of residential uses must comply with the residential requirements for a wall in section 17.620.110.B.1.a.
   D.   Landscaped setback. Walls shall be set back a minimum of 25 feet from the public right-of-way. Setback areas shall be landscaped with ground cover, shrubs, vines, mounds, and trees. An automatic irrigation system shall be in-stalled in the landscaped setback area. The landscape plan for the setback area shall be approved by the city landscape architect.
   E.   Structural criteria. Walls shall be constructed in accordance with the current Sacramento City Building Code. A building permit shall be required for a wall over 6 feet in height.
      1.   Walls may be designed to meet CalTrans sound wall design criteria that meet or exceed the base stated standards and are acceptable as an alternative sound wall type.
   F.   Long-term maintenance funding. A funding method to provide for the long term, ongoing maintenance of the wall and landscaped area shall be submitted and approved by the city prior to the construction of the wall.
   G.   Walls located adjacent to CalTrans rights-of-way shall utilize the CalTrans sound wall design criteria and the CalTrans standard construction drawings of approved sound wall types.
   H.   In areas where terrain, grade, and access control allow, walls may be constructed within the state right-of-way under a CalTrans encroachment permit.
 
(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)