1. Buildings shall use exterior wall materials chosen from the list below.

2. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only one-half inch thick when viewed from the side.

3. Exterior window shutters shall match the size and shape of adjacent window openings.

4. Affordable units and market rate units in the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another.

5. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two inches.

6. Structures (including garages and carports) shall not exceed one hundred fifty feet in length.

7. Detached garages and carports shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, roof materials, and colors.

8. Stairs and stair wells that provide primary access to units on upper floors shall be covered and fully integrated into the principal and secondary building façades.

9. Service access to the building for loading and maintenance functions shall not exceed twenty percent of the project frontage on any facing street.

10. Where windows are proposed within ten feet of another building, the windows shall be offset horizontally at least twelve inches (edge to edge) or use clearstory windows, glass block or non-operable opaque windows so as not to have a direct line of sight into adjacent units.

11. Residential buildings shall include windows that overlook outdoor public or shared spaces.

1. Roof lines shall be varied to break up the mass of the building. A building with four or more attached residential units or a residential building with a roofline longer than fifty feet shall incorporate changes in roof heights of at least one vertical elevation change of at least two feet.

2. Overhanging eaves shall extend twelve inches or more past the supporting walls. This requirement does not apply to gable faces.

3. Steeply pitched (forty-five degrees or more) mansard roofs are prohibited.

4. Roof-mounted equipment shall not be visible from the public right-of-way and integrated within the architecture of the building.

5. Roof decks shall be prohibited in residential zones (R-1, R-2, R-3, R-4) and the Office (O) zone unless set back fifteen feet or more from side and rear property lines and utilize solid walls or barriers at deck edges. All projects that include rooftop uses shall comply with Section 17.70.150 (Rooftop uses).

6. The termination of a parapet shall not be visible from the public right-of-way or adjacent property. The parapet shall wrap around the entire roof, return at least eight feet around corners, or die into an adjacent, taller wall.

7. Cornices and parapets shall:

1. Any wall of any length on a building without doors or windows shall include the use of at least one of the following treatments:

2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve inches and a minimum width of four feet.

3. Buildings three or more stories shall distinguish the first story from the upper stories by using a minimum of two architectural details (e.g., arches, awnings, transom windows, columns, cornices, lintels, moldings, trellises) for every fifty feet of the first story front elevation.

4. Mixed-use buildings three or more stories shall provide a first story elevation that is distinctive from the upper stories through a material change, change in color, or use of different architectural details such as reveals, course lines, decorative cornice, columns, etc.

5. The first floor of a mixed-use project within fifty feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten feet.

6. Buildings three or more stories shall step back the building mass a minimum of five feet for fifty percent of the building facade above the second story.

7. Every residential building shall incorporate two or more of the following building massing and articulation techniques:

1. Residential projects within the R-2, R-3, and R-4 zones shall have a minimum of sixty-five square feet of private outdoor space per unit for at least sixty percent of the units and provide a minimum of one hundred square feet per unit, for all units in the project, to common space. Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as private open space, the space must be private and directly accessible from the unit it serves and must have a minimum dimension in every direction of six feet. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten feet.

2. Residential projects within the O, C-N, C-T, C-R, C-C, C-S, and M zones shall provide a minimum of fifty square feet per unit to common space. Common space is recreation space provided inside or outside a residential building for the use of all the residents for recreation or social purposes and is readily accessible by all the residents. To qualify as common space, individual spaces must have a minimum dimension in every direction of ten feet.

1. The landscape design plan shall be consistent with Section 17.70.220 (Water-efficient landscape standards), Section 12.38.090 (Landscaping standards), and include the following information:

2. All required front and street-facing side setbacks, except for areas used for exit, entry, or common outdoor space shall be landscaped. All projects shall landscape at least ten percent of the project site.

3. Landscaping areas shall consist of any combination of the following: living trees, groundcover, shrubbery, turf, and related natural features such as rock, stone, or bark chips to adequately cover all designated landscaping areas.

4. Landscaping shall be top-dressed with three inches of mulch. Mulch shall be maintained within planted areas and shall not migrate onto hard surfaces, such as sidewalks, patios, and parking lots.

5. Any trees removed from the residential project site shall be:

6. Native tree species with a trunk ten inches or larger in diameter or a non-native tree species (excluding blue gum eucalyptus (Eucalyptus globulus)) twenty inches or larger in diameter or designated heritage trees (of any size) shall be retained and cannot be removed unless they are an imminent hazard to life or property or are dead, dying, diseased or damaged beyond reclamation (see Section 12.24.030 for definitions of heritage tree, native tree, and non-native tree). Diameter shall be measured as follows:

1. Buildings located within the Downtown (C-D zone) shall use exterior materials chosen from the list below.

2. The following exterior finish materials and architectural elements are prohibited:

3. New buildings shall use the same colors, materials, and detailing throughout all elevations. Street facing and the most visible elevations may use more detailed elevations, but colors and materials shall be the same on all elevations.

4. Veneers shall turn corners and terminate into the inside corner of the building or be finished and not expose edges so that finish materials appear “thin” or artificial, as in the example of “brick” veneer applied to a single building face so that it is obviously only one-half-inch thick when viewed from the side.

5. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of two inches.

6. Barrel-shaped awnings shall be used over arched windows or doorways and square or rectangular awnings shall be used on square or rectangular windows and doorways.

7. Awnings shall not be internally illuminated, shall be at least four feet wide, and awnings on a single building face shall use the same awning design and color on each building floor.

8. Permanent, fixed security grates or grilles in front of windows are prohibited. Any necessary security grilles shall be placed inside, behind the window display area.

9. Storefronts shall be framed by support piers and lintels.

10. Storefronts shall be primarily made of eighty percent or more of clear glass.

11. Doorways shall be recessed.

12. Storefront windows shall sit above a base, commonly called a “bulkhead,” of eighteen to thirty-six inches in height. Bulkheads shall be designed as prominent and visible elements of the building facade and shall include the use of one or more of the following materials: ornamental glazed tile in deep rich hues, either plain or with patterns; dark or light marble panels; or pre-cast concrete.

13. Service access to the building for loading and maintenance functions shall not exceed twenty percent of the project frontage on any facing street.

14. Where windows are proposed within ten feet of another building, the windows shall be offset horizontally at least twelve inches (edge to edge) or use clearstory windows, glass block or non-operable opaque windows so as not to have a direct line of sight into adjacent units.

1. Roof lines shall be varied to break up the mass of the building. A building with a roofline longer than fifty feet shall incorporate changes in roof heights of at least one vertical elevation change of at least two feet.

2. Overhanging eaves shall extend twelve inches or more past the supporting walls. This does not apply to gable faces.

3. Steeply pitched (forty-five degrees or more) mansard roofs are prohibited.

4. Roof-mounted equipment shall not be visible from the public right-of-way and integrated within the architecture of the building.

5. The termination of a parapet shall not be visible from the public right-of-way or adjacent property. The parapet shall wrap around the entire roof, return at least eight feet around corners, or die into an adjacent, taller wall.

6. Cornices and parapets shall:

7. Rooflines shall be vertically articulated at least every fifty feet along the street frontage, using two of the following architectural elements: parapets, varying cornices, reveals, clerestory windows, or varying roof height and/or form.

1. Buildings shall be designed to reduce apparent mass by dividing façades into a series of smaller components. Components shall be distinguished from one another through two or more of the following:

2. Buildings shall have massing breaks (offsets, recesses, or projections) at least every fifty feet along street frontage through the use of varying setbacks, building entries and recesses, or structural bays. Offsets, recesses, or projections shall vary in depth and/or direction of at least twelve inches and a minimum width of four feet.

3. The first floor of a mixed-use project within fifty feet of the street frontage shall be taller than the floors above, with a minimum plate height of ten feet.

4. Buildings shall include horizontal lines that match established horizontal lines of adjacent buildings.

5. Buildings in the downtown shall provide eighty percent of the building facade located at the back of the sidewalk unless space between the building and sidewalk is a part of a pedestrian feature such as plazas, courtyards, or outdoor eating areas. (Ord. 1703 § 4, 2021)

1. Parking areas shall be designed consistent with Chapter 12.38 (Parking and Driveway Standards).

2. When parking lots are proposed along street frontages, they shall be screened by a wall, fence, hedge or raised planter. The chosen screening material shall be a minimum height of three feet and consistent with Section 17.70.070 (Fences, walls, and hedges). A fence or wall shall include a minimum three-foot-wide landscaped area between the wall or fence and the street or sidewalk. The hedge and planter shall have a planting area width of three feet. Screening provided near a driveway shall have a maximum height of two and one-half feet and screening at roadway intersections shall comply with Section 17.70.210 (Vision clearance triangle at intersections).

3. Parking lots shall be planted with shade trees. A minimum of one twenty-four-inch box specimen tree shall be required for every ten parking spaces, or portion thereof, planted in structural soil, and shall be located uniformly throughout the parking area, excluding parking areas covered by solar panels. Tree species shall include any of the following:

1. Long-term bicycle parking spaces shall be enclosed, lockable, and located within the residential building on the first floor unless the building includes elevator access to the upper floors.

2. Long-term bicycle parking spaces shall provide a minimum of one outlet and an additional outlet per ten bicycle parking spaces for charging electric bicycles.

3. Long-term bicycle parking racks shall be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level (example: the two-tier Double Docker bike rack by Ground Control Systems).

4. Short-term bicycle racks shall be Hi-Lo racks (e.g., Peak Rack type racks).

1. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. An on-site walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage.

1. Project exterior and parking lot lighting shall comply with Section 17.70.100 (Lighting and night sky preservation).

1. Any proposed fencing shall be consistent with Section 17.70.070 (Fences, walls, and hedges).

2. Chain link fencing is not allowed.

1. Trash enclosures shall accommodate for three waste streams: trash, recycling, and organics and shall be designed consistent with Section 17.70.200.

2. Trash enclosures shall be designed to include accent materials and colors that match the main residential building(s).

3. Designs of trash enclosures shall comply with the city’s engineering standards.

1. All ground-mounted mechanical and electrical equipment shall be located internally within the proposed buildings. If equipment cannot be located internally due to code requirements, it shall be screened using a combination of at least two of the following: paint color, landscaping, fencing, or walls consistent with other city standards.

2. Any required backflow preventer and double-check assembly shall be located inside the building within twenty feet of the front property line. Where this is not possible, due to code requirements, the backflow preventer and double-check assembly shall be located in the street yard and screened using a combination of at least two of the following: paint color, landscaping, fencing or walls consistent with other city standards.

3. Fire department equipment required to be accessible by an exterior door shall be integrated into the exterior building design by using the same materials and colors. (Ord. 1703 § 4, 2021)

1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.

2. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community.

1. Application. This section shall apply to:

2. Exclusion. This section shall not apply to legally established dwellings, accessory dwelling units as defined in Section 17.156.004 (A Definitions), and guest quarters as defined in Section 17.158.018 (G Definitions). Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters).

1. General Development Standards. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc.

2. Incidental Use. The use of an accessory structure is incidental, and subordinate to the use of the principal structure, or to the principal land use of the site.

3. Form. Accessory structures may consist of detached structures or additions to primary structures.

4. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities.

5. Limit on Total Number in Residential Zones. In residential zones, no more than three accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure such as an accessory dwelling unit or guest quarters.

1. Building Permit. Development of an accessory structure shall require approval of a building permit from the city’s building division.

2. Design Review. Plans submitted for a building permit shall be reviewed for consistency with the city’s community design guidelines and general development requirements of the zoning regulations.

3. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and Health and Safety Codes. (Ord. 1650 § 3 (Exh. B), 2018)

1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement;

2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established;

3. Allow for natural changes that may occur within the creek corridor;

4. Help avoid damage to development from erosion and flooding; and

5. Enable implementation of adopted city plans.

1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be twenty feet, except as provided in subsections (E)(3), (E)(4), and G of this section. Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be twenty feet, and the setback on the annexed side shall be as provided in subsection (E)(2) of this section.

2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the city after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the council provides a larger or smaller setback, consistent with the purpose of these zoning regulations and with general plan policies:

3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional ten-foot step back (upper story building setback) shall be provided beginning at the third story level. The upper story step back shall be provided along all building elevations with creek-facing frontage.

4. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted city plans, when approving a discretionary application the city may require setbacks larger than required by subsections (E)(1) and (E)(2) of this section, or further limitations on the items which may be placed within setbacks. Also, other city regulations may restrict or prevent development in a floodway or floodplain.

5. Prior Approvals. Where the city has explicitly approved a creek setback smaller than required by this section prior to adoption of these regulations, that smaller setback shall remain in effect so long as the approval is in effect.

1. Structures larger than one hundred twenty square feet;

2. Paving;

3. Parking lots;

4. Fire pits, barbeques, and other open flames;

5. Mechanical equipment;

6. In nonresidential zones, areas used for storing or working on vehicles, equipment, or materials.

1. Replacement Structures. Where a structure lawfully existed on or before October 3, 1996, within a creek setback required by this section, the provisions of this section shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a discretionary approval is obtained in compliance with subsection (G)(4) of this section.

2. Accessory Structures and Uses. The following items may be located within the required creek setback without obtaining a discretionary exception unless otherwise noted; provided, that they do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity in compliance with the city’s flood damage prevention regulations; in total occupy not more than one-half of the total required creek setback area; and are consistent with other property development standards of the zoning regulations.

3. Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heaters and related enclosures, and bay or other projecting windows that do not include usable floor space.

4. Director’s Hearing for Exceptions.

d. Biological Survey. A biological survey by a qualified, independent person shall be required for each creek setback exception request to provide the basis for making the required findings above, unless waived by the director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception.

1. Density Calculation—General. Density units are calculated based on the net area of a property subject to thresholds established per zone. In the AG, C/OS, R-1 zones, each single-unit dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows:

2. Maximum Development Density—Sloped Sites.

3. Maximum Residential Development Potential. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed (in density units per acre) according to subsections (A)(1) through (A)(2) of this section. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential.

1. PD Overlay Zone. Development potential may be transferred within the area covered by a planned development (PD) overlay zone, in conformance with the requirements of Chapter 17.48: Planned Development (PD) Overlay Zone.

2. C/OS Zone. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot is in a C/OS zone, and the portion within the C/OS zone is not large enough to allow one dwelling, the fractional dwelling unit potential from the C/OS zone may be transferred to the other portion of the lot, without planned development rezoning.

1. Where a transition area abuts a zone receiving transition and all properties that would receive transition are developed with legally allowed nonresidential uses, the requirements of this section shall not apply.

2. The requirements of this section shall not apply to development of a wireless telecommunications facility.

1. FAR Reduction. The maximum floor area ratio for a property in a zone providing transition shall be ten percent less than indicated in the zoning regulations for that zone (Chapters 17.12 through 17.60, inclusive).

2. Setbacks. The setback standards for a property in a zone providing transition shall be as set forth in Table 3-3: Edge Conditions Minimum Setbacks. See also Figure 3-3: Edge Conditions Interior Side and Rear Setbacks and Building Height.

3. Upper Level Open Space Orientation and Setbacks. Balconies and terraces are prohibited above the first floor on the building side facing an adjacent zone receiving transition.

4. Rooftop Open Spaces. The minimum required setback for any rooftop open space shall be increased by ten feet on the building side facing an adjacent zone receiving transition. All such permitted rooftop open spaces and terraces shall incorporate features that guard against noise impacts on adjacent properties located within a zone receiving transition consistent with standards set forth in Chapter 9.12 (Noise Control).

5. Windows. All windows along any facade facing a property in a zone receiving transition shall, at the second story and above, be offset horizontally at least twelve inches (edge to edge) from any windows on buildings on an adjacent property in a zone receiving transition, with the intent of preserving privacy and avoiding having windows immediately opposite each other.

1. Collection Areas. Areas for the collection and storage of trash, green waste, and recyclable materials shall be located on the subject site in a location that will avoid noise and odor impacts consistent with applicable city and other codes.

2. Containers. All refuse and recycling containers shall be contained within structures enclosed on all four sides and utilize lids made of molded plastic or other sound buffering material.

1. Floor area shall exclude required parking spaces in a garage (with each required parking space not exceeding 250 square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum requirements.

2. Floor area shall exclude fully subterranean basements.

3. Floor area shall exclude nonenclosed covered structures such as decks, patios, porches, and balconies enclosed on three or fewer sides.

4. Floor area shall exclude legally allowed accessory dwelling units.

1. Floor area shall exclude required parking areas in a garage (with each required parking space not exceeding two hundred square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum requirements.

2. Floor area shall exclude fully subterranean garages and basements.

3. Floor area shall exclude nonenclosed covered structures such as decks, patios, porches, and balconies enclosed on three or fewer sides. (Ord. 1650 § 3 (Exh. B), 2018)

1. Fence Height within Front Setback. The maximum height of a fence, wall, or hedge shall not exceed six feet; except within any front setback, the maximum fence, wall, or hedge height shall be as shown in Figure 3-4: Fence, Wall, and Hedge Height in Front Setbacks. See also Section 17.70.210 (Vision Clearance Triangle at Intersections).

2. Corner Lots Fence Height within Street Side Setbacks. On corner lots, the maximum height of a fence, wall, or hedge shall not exceed six feet; except within any street side setback, the maximum fence, wall, or hedge height shall be as shown in Figure 3-5: Fence, Wall, and Hedge Height in Street Side Setbacks (Corner Lots). See also Section 17.70.210 (Vision Clearance Triangle at Intersections).

3. Driveway Gates. In the R-1 zone, gates across driveways shall be set back a minimum of ten feet behind the property line. In all other zones, gates across driveways shall allow for adequate space to queue vehicles entering the property consistent with Section 12.38.040 (Parking and driveway standards).

4. Interior Side and Rear Setback Height. The maximum height of a fence, wall, or hedge in any interior side or rear setback shall be six feet.

5. Arbors, Trellises, and Ornamental Features.

b. Street Side and Front Setback. Up to one arbor, trellis, or other similar ornamental feature per street frontage is allowed with a maximum height of nine feet, and an area of not more than forty square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature, and no horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than eighteen inches and that exceeds the usual fence height requirements of this section shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least fifty percent of the structure to the depth of the required street yard (see Figure 3-6: Arbors in Front and Street Side Setbacks). Such features within required setbacks shall not be connected to another structure or building. For the purposes of this section, the term “connected” shall include structures that are rigidly joined by structural components. Such features within required setbacks shall not be constructed of heavy materials such as masonry or metal. Such features within required setbacks comply with Section 17.70.210 (Vision Clearance Triangle at Intersections).

6. Pilasters. Decorative pilasters, statuary, flower pots, and similar ornamental elements attached to or incorporated into the design of conforming fences or walls may exceed the required height limit up to 18 inches, provided that the decorative element is not wider than eighteen inches and that such elements are used to define a gateway or other entryway or are otherwise at least four feet apart.

1. The maximum fence, wall, arbor or hedge height is eight feet.

2. Where the fence, wall, or arbor is connected to and a part of a building, it may be any height allowed in the underlying zone.

1. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five feet between each other to be considered separate structures for purposes of measuring overall height.

2. Where fences are located on a berm or mound, the height of the fence shall include the berm or mound directly beneath the fence and above natural grade in the overall height measurement.

3. Where fences are located on retaining walls within interior side or rear setbacks, fences shall not exceed six feet as measured from the uphill side if erected or replaced on top of the retaining walls, and the combined fence and retaining wall height shall not exceed nine feet from the lower side, provided no modification of grade has occurred from the original subdivision improvements and/or design approvals. A building permit is required for the combined fence and retaining wall height that exceeds six feet. If there is evidence that a modification to the grade has occurred from the original subdivision/design approvals, the height must be authorized through a fence height exception pursuant to Chapter 17.108 (Director’s Action). For retaining walls in hillside areas, see also Section 17.70.090(C)(3) (Retaining Walls).

1. Setbacks and Building Heights. See also Sections 17.16.020(B) (R-1 Zone, Interior Side and Rear Setback Standards), 17.18.020(B) (R-2 Zone, Interior Side and Rear Setback Standards), 17.20.020(B) (R-3 Zone, Interior Side and Rear Setback Standards), 17.22.020(B) (R-4 Zone, Interior Side and Rear Setback Standards), 17.24.020(B) (O Zone, Interior Side and Rear Setback Standards), 17.26.020(B) (C-N Zone, Interior Side and Rear Setback Standards), and Section 17.70.050(D)(2) (Edge Conditions—Standards—Setbacks) for relationship of setbacks and building height.

2. Projections. Components of solar energy systems, chimneys, elevator towers, screening for mechanical equipment that is not integral with building parapets, vents, antennas, and steeples shall extend not more than ten feet above the maximum building height. See Section 17.70.160 (Satellite Dish Antenna) for restrictions on roof-mounted satellite antenna. See Section 17.86.290 (Wireless Telecommunications Facilities) pertaining to site development and performance standards for wireless telecommunications facilities.

3. Exceptions.

1. Purpose. The purpose of this section is to implement goals of the Conservation and Open Space and Land Use Elements of the General Plan:

2. Application. The provisions of this section shall apply to all lots and sites that have an average cross slope of sixteen percent or more (see Section 17.70.090(B): Average Slope Calculation). The director may require a survey and slope analysis to determine whether the provisions of this section apply to a specific property or development. Notwithstanding the requirements of this section, a lot created pursuant to the Subdivision Map Act and Title 16 (Subdivisions) of the San Luis Obispo Municipal Code prior to the effective date of this division may be developed with a single unit structure in compliance with other applicable requirements of these zoning regulations.

1. Where a site does not slope uniformly, average cross-slope is to be determined by proportional weighting of the cross-slopes of uniformly sloping subareas, as determined by the director.

2. Cross-slope determinations shall be based on the existing topography of the net site area after subtracting the area for any future on-site grading necessary to accommodate proposed right-of-way improvements and other on-site improvements.

3. Cross-slope shall be calculated only for the net area as defined in Section 17.70.110 (Lot Area).

1. General Site Planning Standards. To assist in maintaining a natural appearance for hillsides and ridgelines, each structure shall be located in the most accessible, least visually prominent, most geologically stable portion or portions of the site, at the lowest feasible elevation, and shall, at a minimum, meet the following requirements:

2. Site Access and Driveways. Each driveway shall not have a grade steeper than five percent within ten feet of a garage or carport entry. Driveway finished grade shall not exceed an average of fifteen percent, or twenty percent at any point.

3. Retaining Walls. Retaining walls that are twenty feet in length shall be limited to six feet in height (above ground/visible portion). Retaining walls longer than twenty feet shall be limited to four feet in height (above ground/visible portion). A minimum five-foot horizontal separation is required between retaining walls. For exceptions, see subsection D of this section.

4. Downhill Building Walls. No single building wall on the downhill side of a house shall exceed fifteen feet in height above grade. Additional building height on a downhill side is allowed in fifteen-foot increments, where each increment is stepped-back from the lower wall a minimum of ten feet.

5. Height of Lowest Floor Level, Decks, and Support Structures. See Figure 3-9: Height Limit for Lowest Floor, Decks, and Support Structures.

c. Support Structures. Support structures (e.g., columns, pilings, etc.) below the lowest floor on the downhill side of a house shall be enclosed unless visible structural members are an integral feature of the architectural design. Support structure wall surfaces shall not exceed six feet in height.

6. Exterior Wall Surfaces.

7. Mechanical Equipment. Mechanical equipment may be placed on rooftops or below a deck only if the equipment is not visible from the public right-of-way or adjacent properties, except for solar collectors that are compatible with the roof line and architecturally integrated with the structure.

8. Fencing. Hillside area perimeter fencing that is visible from off-site vantages, except on side and rear yards that are directly adjacent to living areas on adjacent lots, shall be of a semitransparent, rather than solid, design. Semitransparent material includes, but is not limited to, wrought iron, split rail, and four-inch square welded wire. In side and rear yards between living areas on adjacent lots, solid, opaque fencing is allowed. However, the preference is for a more naturalistic approach to screening in the side yards, with semi-transparent fencing combined with landscaping, or landscaping alone.

1. Intent. The director, through a director’s action, may act to approve an exception to the hillside requirements of this section only where the applicant can provide clear and substantiated evidence that there is no practical way to comply with the provisions and that no other feasible alternatives will result in better implementation of other zoning regulations or general plan policies while allowing reasonable use of sites subject to hillside regulations.

2. Application Type. A hillside regulation less than required by this section may be approved by city action on a plan for public facilities approved by the council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of a director’s action.

3. Findings. Each director’s action to grant an exception to a required hillside regulation shall be subject to each of the following findings, regardless of the type of project application under which the request is considered:

1. Minor Development Review. Hillside development shall require approval of minor development review from the city’s planning division.

2. Design Review. Plans submitted for hillside development shall be reviewed for consistency with the city’s community design guidelines, this section, and general development standards of the zoning regulations. (Ord. 1705 § 17, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. The request directly relates to construction of an all-electric building and may include, but is not limited to, issues such as the installation of mechanical equipment;

2. The request provides the minor flexibility needed to design a project with all-electric buildings and results in better implementation of other zoning regulations or general plan policies while allowing reasonable use of sites;

3. The request is minor in nature and does not have the potential to cause a significant effect on the environment; and

4. The findings in Section 17.108.040 are met.

1. These outdoor lighting regulations are intended to encourage lighting practices and systems that will:

2. Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.

1. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, and/or approval of any development project, the applicant shall, as a part of the application, submit sufficient information to enable the community development department to determine whether the proposed lighting complies with the provisions of this section. The application shall include the following:

2. The director may waive any or all of these requirements if compliance can be determined based on available information.

1. Outdoor lighting shall be designed, installed, and maintained to prevent nighttime sky light pollution, preserve and enhance visibility of stars, and use energy efficiently by lighting only those areas or objects necessary for safety and security.

2. All outdoor lighting shall conform to the following regulations:

1. Fully Shielded. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be shielded with full cutoff or recessed fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture (see Figure 3-10: Outdoor Lighting Horizontal Plane). Cutoff fixtures shall be installed using a horizontal lamp position.

2. Design. Lighting fixtures should be of a design that complements building design and landscaping and may require architectural review.

3. Height, Intensity, and Scale. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Parking lot lights shall not exceed a height of twenty-one feet, and wall-mounted lights shall not exceed a height of fifteen feet, measured from the adjacent grade to the bottom of the fixture.

4. Service Station Canopies. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flush-mounted canopy fixtures with flat lenses.

5. Alternate Materials and Methods of Installation. Designs, materials, or methods of installation not specifically prescribed by this section may be approved by director, subject to director’s action. In approving such a request, the director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.

1. Neon and Signage Lighting. Neon and other low-intensity outdoor lighting fixtures used for signage or architectural decoration that are approved through architectural review.

2. Public Rights-of-Way Lighting. Outdoor lighting fixtures on public rights-of-way; provided, that measures have been taken to reduce impacts on surrounding properties and the night sky.

3. Emergency Aviation Lighting. Emergency lighting operated by public agencies or for the purpose of aviation safety.

4. Infrastructure Construction Lighting. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

5. Nonelectric Lighting. Nonelectric lighting such as gas lamps or kerosene lanterns.

6. Temporary and Seasonal Lighting. Temporary lighting equipment and seasonal lighting equipment; provided, that individual lamps are ten watts or less. Temporary lighting that does not comply with the regulations contained in this section is subject to the director’s review and approval of director’s action. In granting a request for approval of temporary lighting that does not comply with these regulations, the director shall make all of the following findings:

7. Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, signage or other objects of interest is subject to the director’s review and approval of director’s action. In granting a request for approval of accent lighting, the director shall make all of the following findings:

8. Search Lights. Search lights, laser source lights, or any similar high-intensity light used for emergencies by police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions may be granted in conjunction with approved temporary lighting (see Section 17.70.100(F)(6): Temporary and Seasonal Lighting).

9. Billboards. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light pollution are subject to the director’s review and approval of director’s action. In granting a request for approval of accent lighting, the director shall find that the level of illumination associated with the upgraded lighting fixture is not increased.

10. Decorative Patio Lighting. Low-level outdoor patio lighting, where individual lamps are ten watts or less, used by commercial businesses to provide ambiance. (Ord. 1705 § 17, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Street rights-of-way;

2. Area between the tops of banks of creeks shown on the Open Space Element creeks map;

3. Habitat occupied by species listed as endangered or threatened by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, or as plants of highest priority by the California Native Plant Society, unless the director determines there is no practical alternative as defined by the general plan;

4. Area within the drip line of heritage trees designated by the city. (Ord. 1650 § 3 (Exh. B), 2018)

1. Uncovered decks, porches, landings, balconies, and stairways that are thirty inches or less in height, as measured from the adjacent existing grade.

2. Roof eaves which project thirty inches or less from the structure are not included in the determination of coverage.

3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.

4. One small, nonhabitable accessory structure under one hundred twenty square feet and under seven feet high. Any additional structures above quantity of one shall be included in lot coverage.

5. Up to eight hundred square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage. (Ord. 1705 §§ 17, 23, 2021; Ord. 1677 § 2, 2020; Ord. 1657 § 9, 2019; Ord. 1650 § 3 (Exh. B), 2018)

1. Location of Units.

2. Mechanical Service and Loading Areas. Service and loading areas shall be screened from residential areas and integrated with the design of the building. Special attention shall be given when designing loading and mechanical facilities in a location that is proximate to residential uses. Techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts to residents from vehicle and mechanical noise.

3. Trash and Recycling Areas. Areas for the collection and storage of trash and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses. The location and design of trash enclosures shall reduce nuisances from odors and noise when residential uses might be impacted.

4. Limitations on Use. The following uses and activities shall not be allowed within any mixed-use development:

1. The design shall provide for internal compatibility between the different uses in terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open space, and similar operating characteristics.

2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3. The design of the mixed-use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

4. The design of the mixed-use project shall ensure that the residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized.

5. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.

6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding built environment in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.

1. Lighting. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to not negatively impact the residential units in the development or any adjacent residential uses and shall also comply with Section 17.70.100 (Lighting and Night Sky Preservation).

2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise and shall comply with Chapter 9.12 (Noise Control).

3. Air Quality and Odors. All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of nonresidential project air pollutant emissions and odors in compliance with the Air Pollution Control District Air Quality Handbook and Chapter 8.22 (Offensive Odors).

4. Hours of Operation.

5. Residential Noise Notice. Residents of new mixed-use projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area.

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular and convenient connections between on-site walkways and the public sidewalk and other existing or planned pedestrian routes, such as safe routes to school, shall be provided. An on-site walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage.

3. To Adjacent Areas. Direct and convenient access shall be provided from mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from adjacent transit stops to building entrances.

5. Interior Pedestrian Walkway Design.

1. Building Orientation and Entrances.

2. Building Articulation. No street frontage wall may run in a continuous plane for more than twenty feet without an opening or offsets, or as approved by the review authority if the project is constrained by unusual parcel size, shape, use, or other features that the responsible review authority accepts as rendering this requirement infeasible. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary in depth and/or direction of at least eighteen inches, or a repeated pattern of offsets, recesses, or projections of similar depth. (Ord. 1726 § 5, 2023; Ord. 1705 § 24, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Purpose. The city wishes to enhance the cultural and aesthetic environment of San Luis Obispo and to encourage creativity and an appreciation of the arts and our cultural heritage. Through the establishment of a program of public art funded by private development, the city will promote the general welfare through balancing the community’s physical growth and revitalization with its cultural and artistic resources.

2. Application. The program described in this section is a mandatory program, and the standards specified are minimum standards for compliance. Participation in the program by itself does not qualify project applicants for consideration of increased project density/intensity as discussed in the Land Use Element of the General Plan. The minimum requirements in this section apply to:

3. Exceptions. The following development activities shall be exempt from the requirements of this section:

1. “Public art coordinator” shall mean that city employee designated by the city administrative officer to be responsible for the city’s visual arts in public places program.

2. “Public art jury” shall mean an appointed jury of no fewer than five city residents including, but not limited to, as appropriate, a board member from the San Luis Obispo County arts council, an artist, a business representative, an educator/historian, and a city or advisory body representative.

1. On-Site Contribution. The project applicant shall acquire and install public art approved by a public art jury in a public place on or in the vicinity of the development project site. A public place may include city-owned or privately owned land or buildings that are open to the general public on a consistent basis and are of high visibility to the general public. The minimum cost of the public art, including installation, shall be determined by the following allocation:

2. Off-Site Contribution. As an option, the project applicant may acquire and install public art, approved by a public art jury and accepted by the council, in a city-owned public place not located on or in the vicinity of the development site. The art shall be installed in a location that is open to the general public on a consistent basis and also is of high visibility to the general public. Cost of the public art shall be determined by the allocations contained in subsection A of this section. Such public art shall be considered a donation to the city.

3. In-Lieu Contribution. In lieu of placement of approved public art, the applicant may pay, as a voluntary alternative, to a public art in-lieu account an amount equal to the program allocation contained in subsection (D)(1) of this section.

1. Application. An application for placement of public art on private property shall be submitted as a director’s action application and shall include:

2. Review.

1. Application. An application for acceptance of public art to be donated to the city shall include:

2. Review.

1. Payment of Art In-Lieu Fee. If the payment of an art in-lieu fee is voluntarily elected, the payment, in an amount equal to the program allocation contained in subsection (D)(3) (In-Lieu Contribution) of this section shall be paid prior to the issuance of a building permit.

2. Certificate of Occupancy. The following requirements must be met prior to the city’s issuance of occupancy permits.

1. All public art placed on the site of an applicant’s project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.

2. Maintenance of public art, as used in this section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the city; protection of the public art against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city’s risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the city, requiring maintenance of the public art. Failure to maintain the public art as provided in this section is declared to be a public nuisance.

3. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the city may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property.

4. All artwork donated to the city shall become the property and responsibility of the city upon acceptance by the council.

1. Public art installed on or integrated into a construction project in compliance with the provisions of this section shall not be removed or altered without the approval of the director.

2. If any public art provided on a development project in compliance with the provisions of this section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project’s original public art requirement to the city’s public art in-lieu account, or replace the removed artwork with one that is of comparable value and approved by the director. If this requirement is not met, the occupancy permit for the project may be revoked by the director upon due notice and an opportunity to be heard. The city may, in addition, pursue any other available civil or criminal remedies or penalties. (Ord. 1650 § 3 (Exh. B), 2018)

1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively impact any adjacent residential uses. See also Section 17.70.100 (Lighting and Night Sky Preservation).

2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in compliance with the city’s noise regulations (Chapter 9.12: Noise Control).

3. Hours of Operation.

1. Antenna Size. Maximum diameter shall be ten feet.

2. Setback. No part of a satellite dish antenna may be located in any required setback area, any side yard area between a street and the primary residence, or any front yard area.

3. Height. Maximum antenna height shall be thirteen feet.

4. Roof-Mounted. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by approval of a director’s action.

5. View Preservation. Any antenna that may block significant views from neighboring buildings or from public areas, as determined by the director, shall be subject to review by the architectural review commission.

6. Screening. All satellite dishes higher than side or rear yard fences shall be screened from view from neighboring properties.

1. Installation shall be subject to architectural review in compliance with the adopted architectural review commission ordinance and guidelines.

2. Installations shall not be allowed within setback area of any yard adjacent to a public street.

3. Installations shall be located to minimize visibility from adjoining properties and rights-of-way.

1. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations unless proposed on a historic building. For proposed installations on historic buildings, review by the architectural review commission shall be required.

2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections B and C of this section may be considered through review by the architectural review commission. Conditions imposed as part of the approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, city vistas, or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening.

1. General. All setback distances shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line. Exception: Where the front property line is located beyond the curb (i.e., within a street or common driveway), the front setback is defined as the minimum distance between a structure and the edge of curb.

2. Building Height and Setbacks. The height of a building in relation to setback standards is the vertical distance from the ground to the top of the roof, measured at a point that is a specific distance (the setback distance) from the property line. Height measurements shall be based on the existing topography of the site before grading for proposed on-site improvements. Where building height is linked to a minimum setback, that setback shall apply to the building incrementally and shall not require a clear-to-sky setback for the entire building. Rather, the setback requirements allow the building to be stepped back incrementally consistent with the required setback distance based on building height.

3. Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to the edge of the structure, not up or down the hill slope.

4. Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback lines.

1. Utility Structures. Adequately screened components of public utility systems may be located within front and street side setbacks when approved by director’s action.

2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy setbacks to the extent provided in Section 17.70.070 (Fences, Walls, and Hedges). Vegetation may also be controlled by the California Solar Shade Control Act.

3. Arbors and Trellises. Arbors and trellises may occupy setbacks subject to the extent provided in Section 17.70.070 (Fences, Walls, and Hedges). Arbors and trellises shall not be connected to or supported by a building, nor be designed to support loads other than vines or similar plantings. They are not considered structures for zoning purposes and shall not be used as patio covers.

4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign Regulations) may occupy setbacks to the extent provided in that chapter.

5. Architectural Features. The following and similar architectural features may extend into a required setback:

a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space may extend no more than thirty inches into a required setback (see Figure 3-13: Architectural Feature Projections into Required Setbacks).

6. Mechanical Equipment. Mechanical equipment shall comply with required setbacks, with the following exceptions:

7. Trash Enclosures. Enclosures that have been approved in conjunction with Development Review or a discretionary review process may be located within a required side or rear setback, provided no part of the enclosure is less than three feet from any right-of-way or adopted setback line.

8. Vehicle Parking. Vehicle parking in front yard areas (as defined in Section 17.158.016: F Definitions) of residential properties shall conform to Section 17.76.040 (Front Yard Parking). No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any front or street side setback or upon any unpaved surface as defined in this section and Section 12.38.040 (Parking and Driveway Standards).

9. Unenclosed Parking Spaces in Side and Rear Setbacks. Unenclosed parking spaces and parking aisles may be located within side and rear setbacks. For residential properties, parking spaces may not be located within the front yard area unless consistent with Section 17.76.040 (Front Yard Parking).

10. Enclosed and Unenclosed Parking Spaces in Front and Street Side Setback Prohibited. In no case shall an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than twenty feet from the street right-of-way or property line, except as provided in subsection D (Exceptions to Setback Requirements) of this section, or as provided in Section 17.76.040(D) (Single Car Garages and Single Car Parking). In no case shall a parking space encroach on a public sidewalk.

11. Landscaping in Setbacks. Required setbacks with city-required landscape plans and stormwater facilities shall be landscaped and maintained in compliance with approved plans.

12. Second Story Setback in R-1 Zone. Up to fifty percent of the upper story side wall may align with the lower floor wall, provided such alignment occurs within the rear half of the structure (see Figure 3-14: Second Story Setback Allowed Projection).

1. Exceptions Entitled to Property Due to Physical Circumstances.

2. Discretionary Exceptions. Discretionary exceptions to setback requirements shall require a director’s action and meet the findings required for a director’s action (Chapter 17.108), as well as any findings indicated below for an individual exception.

1. Shower and Dressing Areas. A minimum of one shower facility shall be provided in new nonresidential developments with a gross floor area between ten thousand and twenty-four thousand nine hundred ninety-nine square feet, two showers in projects between twenty-five thousand square feet and one hundred twenty-four thousand nine hundred ninety-nine square feet, and four showers for any project over one hundred twenty-five thousand square feet. Dressing areas and lockers shall be provided in close proximity to shower facilities.

2. Floor Area Exemption. Floor area dedicated to showers, dressing areas, and clothes lockers shall not be included in the floor area for calculating the parking requirement or for total floor area for the project.

3. Tenant Improvements. Required showers, lockers, and changing areas shall not be removed during tenant improvements or through subsequent remodeling without the approval of the director.

1. Upon written request by the applicant, the director may approve alternative compliance from the provisions of this section through an approved director’s action, which may include, but is not limited to, a reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement.

2. Considerations used in the determination may include, but are not limited to:

1. Residential. Outdoor trash enclosures required under this section for residential projects shall not be located within any required front or street side yard.

2. General. No outdoor trash enclosures shall be located within any public right-of-way, or in any location where it would obstruct pedestrian walkways, vehicular ingress and egress, reduce motor vehicle sightline, or in any way create a hazard to health and safety.

1. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

2. Trash enclosure covers shall be closed when not in use.

3. Trash enclosures shall be easily accessible for garbage and recyclables collection.

4. Trash enclosures shall be regularly emptied of garbage.

1. Each trash enclosure shall be of a material and colors that complement the architecture of the buildings they serve or shall have exterior landscape planting that screens the walls.

2. The interior dimensions of the trash and recyclables enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons access for disposal and collection of materials.

3. All outdoor trash enclosures shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the on-site architecture, with adequate height clearance to enable ready access to any containers.

4. Designs, materials, or methods of installation not specifically prescribed by this section may be approved by director, subject to director’s action. In approving such a request, the director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions. (Ord. 1650 § 3 (Exh. B), 2018)

1. The provisions of this section shall apply to the following landscape projects:

2. Homeowners associations and common interest developments’ architectural guidelines (i.e., CC&Rs) shall not prohibit or include conditions that have the effect of prohibiting the use of low water-using plants as a group. Furthermore, the guidelines shall not prohibit the removal of turf nor restrict or prohibit the reduction of turf in lieu of more water-efficient alternatives (California Civil Code Section 1353.8).

3. This section shall not apply to:

4. Words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application, and as defined in Chapter 17.158 (General Definitions) under “Water-Efficient Landscape Standards.”

1. Landscape Design Plan. For the efficient use of water, a landscape shall be designed and planned for the intended function of the project. For each landscape project subject to this section, applicants shall submit a landscape design plan that meets the maximum applied water allowance calculation (Section 17.158.050—W Definitions) and design criteria in the city engineering standards uniform design criteria for landscaping and irrigation.

2. Irrigation Design Plan. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. For each landscape project subject to this section, applicants shall submit an irrigation design plan that is designed and installed to meet design and irrigation efficiency criteria as described in the city engineering standards uniform design criteria for landscaping and irrigation.

3. Soils Management Report. To reduce runoff and encourage healthy plant growth, soil amendment, mulching, and soil conditioning recommendations shall be prepared by a licensed landscape architect, licensed landscape contractor, licensed civil engineer, or licensed architect as described in the city engineering standards uniform design criteria for landscaping and irrigation.

4. Grading Design Plan. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste as described in the city engineering standards uniform design criteria for landscaping and irrigation.

5. Stormwater Management. Stormwater best management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Stormwater best management practices shall be implemented within the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration. Project applicants shall refer to Chapter 12.08 and the city engineering standards for stormwater quality requirements.

1. Development Review Application. For projects that require development review, project applicants shall submit the following documentation:

2. Building Application. Prior to the issuance of a building permit, project applicants shall submit the following:

3. Project Completion. Upon completion of the installation of the landscape and irrigation system and prior to the issuance of the certificate of occupancy, the project applicant shall submit the following:

1. Ensure that adequate off-street parking is provided for new land uses and major alterations to existing uses, considering the demands likely to result from various uses, combinations of uses, and settings, and to avoid the negative impacts associated with spillover parking into adjacent neighborhoods and districts;

2. Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

3. Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand;

4. Where possible, consolidate parking and minimize the area devoted exclusively to parking and driveways when typical demands may be satisfied more efficiently by shared facilities;

5. Ensure that parking and loading areas are designed to operate efficiently and effectively and in a manner compatible with on-site and surrounding land uses; Ensure that adequate off-street bicycle parking facilities are provided;

6. Promote parking lot designs that offer safe and attractive pedestrian routes;

7. Encourage bicycling, transit use, walking, carpooling, and other modes of transportation (other than by motor vehicle) that can move the city toward achieving modal split goals in the General Plan Circulation Element; and

8. Accommodate and encourage increased use of alternative fuel and zero-emissions vehicles.

1. Floor Area. The parking requirement calculation shall be based on the gross floor area of the entire use, unless stated otherwise.

2. Sites with Multiple Uses. If more than one use is located on a site (including a mix of uses or a mixed-use development), the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 17.72.050 (Parking Reductions).

3. Accessory Uses. If a primary use includes accessory uses that generate higher parking requirements than the primary use, such as an accessory bar or tasting room to a brewery or other uses or activities as identified in Article 4 of this title (Regulations for Specific Land Uses and Activities), the director may require that the accessory activity provide parking in accordance with Table 3-4 (Parking Requirements by Use) in addition to the parking required for the primary use. Accessory offices shall not require additional parking, unless stated otherwise.

1. Residential Uses. Residential projects may unbundle the parking from the residential uses with approval of a director’s action (Chapter 17.108: Director’s Action), and the following rules shall apply to the sale or rental of on-site parking spaces unless waived by the director as infeasible:

2. Nonresidential Uses. Nonresidential projects may unbundle the parking from nonresidential use with approval of a director’s action (Chapter 17.108: Director’s Action), and the following rule shall apply to the sale or rental of on-site parking spaces unless waived by the director as infeasible: All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for each nonresidential space for the life of the space, such that potential tenants or buyers have the option of renting or buying the nonresidential square footage at a price lower than would be the case if there were a single price for both the floor area and the parking space. (Ord. 1705 § 29, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Eating and drinking establishments and food and beverage sales shall provide one-half that required in Table 3-4: Parking Requirements by Use. Parking space reductions permitted by Section 17.72.050(B) (Shared Parking Reductions) shall not be applicable in conjunction with this provision, as the reduced parking rates established here are intended to provide flexibility in meeting parking requirements and rely on the consolidation of parking; however, Section 17.72.050(C) (Other Parking Reductions) may apply.

1. Parking space reductions permitted by Section 17.72.050(B) (Shared Parking Reductions) shall not be applicable in the downtown parking district, as the reduced parking rates established here are intended to provide flexibility in meeting parking requirements and rely on the consolidation of parking; however, Section 17.72.050(C) (Other Parking Reductions) may apply.

2. Eating and drinking establishments, theaters, cultural institutions, public assembly facilities, and religious assembly facilities: One-half that required in Table 3-4: Parking Requirements by Use; provided, however, that in no case shall the requirement exceed one space per three hundred fifty square feet of gross floor area.

3. Residential uses, hotels and motels, and bed and breakfast inns: One-half that required in Table 3-4: Parking Requirements by Use.

4. All other uses: One space per five hundred square feet gross floor area.

5. For existing buildings, only the parking needed for additions thereto or for changes in occupancy which increase parking requirements relative to prior uses shall be required.

6. Options to Comply. The parking space requirement may be met by:

1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses or projects will be greater than the total supply of spaces;

2. The proposed shared parking provided will be adequate to serve each use and/or project;

3. A parking demand study conducted and prepared under procedures set forth by the director supports the proposed reduction; and

4. In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared and recorded with the office of the county recorder, requiring the parking to be operated on a nonexclusive basis, to be open and available to the public for shared use, short-term parking during normal business hours.

1. Criteria for Approval. The review authority may only approve a request for reduced parking if it finds that:

2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a parking demand study shall be conducted and prepared under procedures set forth by the director that substantiates the basis for granting a reduced number of spaces.

3. Vehicle Trip Reduction Plan. Based on the parking study, the director may require implementation of a vehicle trip reduction plan and such other conditions deemed necessary to reduce parking demand.

1. One car space for each five motorcycle spaces provided in excess of required parking spaces, up to a ten percent reduction; reductions greater than ten percent shall comply with subsection C of this section.

2. One car space for each five bicycle spaces provided in excess of required parking, up to a ten percent reduction; reductions greater than ten percent shall comply with subsection C of this section. All bicycle parking that exceeds the required number of spaces shall be apportioned between short-term and long-term bicycle spaces as stipulated by Table 3-6: Required Bicycle Parking. Any additional bicycle parking provided for residential uses shall be provided for long-term storage. (Ord. 1705 §§ 33—35, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. The provisions of this section shall apply to:

1. General. All bicycle parking spaces shall be provided on the same parcel as the building or use to which such spaces are required, unless the city has established programs allowing for shared parking arrangements at bicycle corrals. All short-term bicycle spaces shall be located at the ground floor level and near or within visual site distance of building entrances.

2. Downtown Parking District—All Nonresidential Uses. Businesses and developments within the downtown parking district are not required to provide bicycle parking on site if adequate on-site space is not available, as determined by the director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the director. Downtown multi-unit residential developments shall comply with the requirements of this section.

1. Upon written request by the applicant, the director may approve alternative compliance from the provisions of this section through an approved director’s action (Chapter 17.108: Director’s Action), which may include, but is not limited to, a reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement.

2. Considerations used in the determination may include, but are not limited to:

1. Residential Uses. Required parking spaces serving residential uses shall be located on the same lot as the use they serve or in an off-site parking facility as provided in subsection (B)(3) of this section (Off-Site Parking Facilities). If located in an off-site parking facility, a parking agreement shall be filed as provided in subsection (B)(3)(b) of this section (Parking Agreement). Refer to Section 17.76.040 (Front yard parking) for additional residential parking location regulations associated with single-unit residential dwellings and accessory dwelling units.

2. Nonresidential Uses. Required parking spaces serving nonresidential uses shall be located on the same lot as the use they serve or in an off-site parking facility as provided in subsection (B)(3) (Off-Site Parking Facilities) of this section.

3. Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, duplexes, and accessory dwelling units may be provided off site with approval of a Minor Use Permit, provided the following conditions are met:

1. Residential Uses. For residential uses, when parking spaces are identified for the exclusive use of occupants of a designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other) subject to director’s review and approval of director’s action (Chapter 17.108: Director’s Action). Tandem parking is intended to allow for needed flexibility on constrained lots or where tandem parking is consistent with the existing neighborhood pattern and allows for deviations from minimum parking space size regulations of subsection A (Requirements) of this section. For single-unit dwellings, required parking may be provided in tandem configuration where safe and compatible with the surrounding neighborhood.

2. Hotel and Restaurant Projects (New and Existing) in the C-D Zone. Tandem parking may be used for hotel and restaurant development in the C-D zone where parking service is provided, subject to approval of a director’s action (Chapter 17.108: Director’s Action) and a parking management plan approved by the director.

3. New Office Uses. Tandem parking may be considered for office development if all of the following requirements are satisfied:

4. Existing Office Uses. For existing office development where there is a desire to upgrade or modify the parking layout to increase efficiency or better meet standards, and review by the architectural review commission would not be required, the new tandem parking spaces would be subject to director’s review and approval of director’s action, and the additional finding that adequate maneuverability and access arrangements are provided.

1. The use of mechanical lift parking results in superior design and implementation of city goals and policies for infill development.

2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with community design guidelines and be compatible and appropriately considered with overall building and site design.

3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements and parking and driveway standards, except for minimum parking stall sizes, which are established by lift specifications.

4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation except for limited periods of maintenance.

5. There are no circumstances of the site or development or particular model or type of mechanical lift system that could result in significant impacts to those living or working on the site or in the vicinity.

1. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity;

2. The exception will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity; and

3. The exception is reasonably necessary for the applicant’s full enjoyment of uses allowed upon the applicant’s property. (Ord. 1705 § 38, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Temporary Activity. Festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of these zoning regulations.

2. Emergency Activities. Any emergency activity on the part of the city, any other government agency, or a private party.

3. Construction Activity. Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of the municipal code. (Ord. 1650 § 3 (Exh. B), 2018)

1. The purpose of these regulations is to preserve the residential character of streetscapes in the city’s neighborhoods. The expansion of parking in front yard (see definition of “front yard” in Article 9) areas off driveways interferes with the pattern of building masses and open areas within neighborhoods, creates vehicle clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front yard areas that are intended to remain as open areas within neighborhoods.

2. These regulations apply to vehicle parking within the front yard areas as defined in Section 17.158.016—F Definitions and shown in Figure 3-16: Front Yard, including the street side yard on corner lots. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, unless consistent with the provisions of this section.

1. Vehicle parking is allowed on driveways leading to garage parking or on other approved off-street parking pads and spaces.

2. Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces, as defined in city parking and driveway standards, or on an approved off-street parking pad as allowed by subsection D (Single Car Garages and Single Car Parking) of this section. Vehicles shall be parked completely within the driveway or parking pad surface with all tires completely on the driveway surface.

3. Vehicles may be parked in tandem (one vehicle behind another), provided there is sufficient space that no part of the vehicle overhangs the property line or sidewalk.

1. Vehicles shall not be parked outside the driveway width area leading to approved garage or parking spaces or other approved parking pad or in any other manner inconsistent with subsection B (Allowed Front Yard Parking) of this section. (See Figure 3-18: Prohibited Front Yard Parking.)

2. Parking where vehicles are “straddling” or are partially on the driveway or parking pad and partially on an unpaved or paved surface next to the driveway is prohibited. (See Figure 3-19: Vehicles Straddling Driveway Prohibited.)

3. Vehicles shall not be parked diagonally or in any other configuration that would require vehicle circulation outside the width of the driveway area, except as provided in Section 17.72.090(C) (Tandem Parking). (See Figure 3-20: Diagonally Parked Vehicles Prohibited.)

1. The parking pad shall meet minimum parking space dimensions of parking and driveway standards to ensure adequate space for vehicle parking on the driveway and adjacent parking pad.

2. The parking pad shall meet minimum depth requirements of the parking and driveway standards (typically eighteen and one-half feet) and vehicles may not be parked to overhang the sidewalk or property line into the public right-of-way.

3. The parking pad space shall be surfaced with alternative paving to achieve aesthetic and environmental objectives. Examples of alternative paving surfaces include, but are not limited to interlocking pavers, eco-block, porous AC paving, or cobblestone. Parking pads for single car garages and single car parking established prior to the adoption of this section may be exempted from this requirement.

4. Vehicle Circulation. There shall be adequate driveway ramp access such that vehicles can access the parking pad location from the public right-of-way without crossing over sidewalk area or other public improvements outside of the driveway ramp area including transitions.

1. Rooftop equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning equipment, and similar devices that are designed for rooftop installation, and were lawfully installed, may remain on the roof as long as they are properly maintained.

2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed and created for such use. All such furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage or dislocation. (Ord. 1705 § 41, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Furniture and Other Equipment. Furniture or other equipment, including but not limited to stuffed couches and chairs, household appliances, sinks, heaters, boilers, tanks, machinery, other household or commercial equipment, or any parts thereof.

2. Materials. Building materials, including but not limited to packing boxes, lumber, dirt piles, wood, landscape materials, or debris.

3. Recreational Vehicles and Related Devices.

4. Exceptions. The following may be allowed in front yards under the noted circumstances:

1. The flood hazard areas of the city are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contributes to flood losses.

1. Protect human life and health;

2. Minimize expenditure of public money for costly flood control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or flood heights or velocities;

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

3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;

4. Control filling, grading, dredging, and other development that may increase flood damage;

5. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas; and

6. These regulations take precedence over any less restrictive conflicting local laws, ordinances, and codes. (Ord. 1650 § 3 (Exh. B), 2018)

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

1. Permit Review. Review all development permits to determine:

2. Development of Substantial Improvement and Substantial Damage Procedures.

3. Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been provided in compliance with Section 17.78.030(B) (Basis for Establishing the Areas of Special Flood Hazard), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer Section 17.78.050 (Provisions for Flood Hazard Reduction).

NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-Year) Flood Elevations” dated July 1995.

4. Notification of Other Agencies.

5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

6. Map Determination. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (D) of this section.

7. Remedial Action. Take action to remedy violations of this chapter as specified in Section 17.78.030(C) (Compliance).

8. Biennial Report. Complete and submit biennial report to FEMA.

9. Planning. Ensure the general plan is consistent with floodplain management objectives here.

10. Nonconversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below one foot above the base flood elevation (BFE) shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:

1. Plans in duplicate, drawn to scale, showing:

2. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 17.78.050(A)(3) (Elevation and Floodproofing).

3. For a crawlspace foundation, location and total net area of foundation openings as required in Section 17.78.050(A)(3) (Elevation and Floodproofing) and detailed in FEMA Technical Bulletins 1-93 and 7-93.

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

5. All appropriate certifications listed in subsection (B)(5) (Documentation of Floodplain Development) of this section.

1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

3. Elevation and Floodproofing.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

1. All manufactured homes that are placed or substantially improved on sites located: (a) in a new manufactured home park or subdivision; (b) in an expansion to an existing manufactured home park or subdivision; or (c) in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood shall within zones A1-30, AH, and AE on the community’s flood insurance rate map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s flood insurance rate map that are not subject to the provisions of subsection (D)(1) of this section shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building official, to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

1. All recreational vehicles placed in zones A1-30, AH, and AE shall either:

1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development, including fill, shall be allowed within zones A1-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.

2. If the proposed development is within a designated infill area, special floodplain management zone, or the Mid-Higuera Specific Plan Area as defined by the Drainage Design Manual, the more stringent requirements of the manual apply.

3. Within an adopted regulatory floodway, the city shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

4. If subsections (F)(1) and (F)(2) of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this subsection. (Ord. 1650 § 3 (Exh. B), 2018)

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level; provided, that the procedures of Sections 17.78.040 (Administration) and 17.78.050 (Provisions for Flood Hazard Reduction) of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Chapter 17.158: General Definitions, under Floodplain Management Regulations) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the “minimum necessary,” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the council believes will both provide relief and preserve the integrity of this chapter.

5. Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:

6. The floodplain administrator shall maintain a record of all variance actions, including justification for his/her issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

1. In acting upon requests for variances, the council shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and the:

2. Variances shall only be issued upon a:

3. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (C)(1) through (C)(4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4. Upon consideration of the factors of subsection B of this section and the purposes of this chapter, the council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1650 § 3 (Exh. B), 2018)

1. Serve as a general guide for the development of streets and highways;

2. Promote the public welfare, safety, and convenience;

3. Provide a comprehensive guide for capital outlay on street and highway improvements in the city;

4. Provide an authentic source of information for residents and investors in the city;

5. Obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares.

1. City Engineer. Official building setback lines shall be designated on maps drawn up by the city engineer at the request of the council or at the request of the planning commission, acting through the council.

2. Scale. The official building setback maps shall show all buildings adjacent to the street, or proposed street, at a scale of one inch equals fifty feet, and they shall show the existing right-of-way widths, if any, as well as any proposed changes in the street. The maps shall be titled “Official Building Setback Lines of (name of street or highway).” There shall be statements of adoption by the planning commission and the council on each map.

1. Up-to-Date Maps. The city clerk is instructed to keep up-to-date maps which shall show the streets or portions of streets upon which official building setback lines have been established.

2. Not Recorded. The maps shall not be recorded.

1. Building Setbacks. No building permit shall be issued for and no building or structure shall hereafter be erected or placed within the official building setback line of streets or highways established by this section, nor within the setback areas designated under Article 2 of these zoning regulations, measured from the official setback lines established by this section, except as provided for under subsection X (Appeals from This Section) of this section.

2. Exception for Existing Structures. All buildings or structures as they are presently located and built along streets named in this section, and for which setback lines have been or are hereby established, are expressly excepted from the effects hereof.

1. Council Decision and Findings.

2. Council Hearing for Building Permit. If property which, by the appeal process, has been excepted from the official building setback line otherwise fronting thereon, is sought to be used for improvements that would have been prevented by the effect of the particular building setback line, no building permit shall be granted without the council having first been given sixty days within which it may choose, by resolution, to acquire such property as is necessary for future street widening purposes. If the council chooses not to acquire the property, the council shall then determine whether a permit should be granted to the applicant.