A.

Purpose. The purpose of this section is to regulate uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The city council finds that special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulations set forth in this section is to prevent a concentration of these uses in any one area.

B.

Definitions. For purposes of this section, certain words and phrases are defined as follows:

1.

"Adult entertainment business" means and includes the following:

a.

"Adult book store," an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials;

b.

"Adult motion picture theater," an enclosed building with a capacity of fifty or more persons used for presenting materials distinguished or characterized by their em-phasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

c.

"Adult mini-motion picture theater," an enclosed building with a capacity for less than fifty persons used for presenting materials distinguished or characterized by an emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

d.

"Adult hotel or motel," a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas;

e.

"Adult motion picture arcade," any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas;

f.

"Cabaret," a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;

g.

"Model studio," any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity;

h.

"Sexual encounter center," any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas; and

i.

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

2.

"Specified sexual activities" means and includes the following:

a.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship and any of the following depicted sexually oriented acts or conduct: Analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or

b.

The use of human or animal masturbation, sodomy, oral copulation, coitus or ejaculation; or

c.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

d.

Fondling or touching nude human genitals, pubic regions, buttocks or female breasts; or

e.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

f.

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

g.

Human excretion, urination, menstruation, or vaginal or anal irrigation.

3.

"Specified anatomical areas" means and includes the following:

a.

Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttocks, and (iii) female breasts below a point immediately above the top of the areola; and

b.

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

C.

Conditional Use Permit Required. An adult entertainment business is not permitted in any zone unless a conditional use permit is obtained pursuant to Chapter 17.42. No adult entertainment business shall be granted a conditional use permit unless the lot upon which such business is proposed to be located:

1.

Is classified in zone C-2 or a less restrictive zone;

2.

Is not within five hundred feet of any lot located in any of the R residential zones;

3.

Is not within one thousand feet of any lot upon which there is located another adult entertainment business; and

4.

Is not within one thousand feet of any lot upon which there is located a church, a school in which minors are enrolled, a child care facility, a public building, a park, a playground or any recreational facility where minors congregate, including recreational facilities that are privately owned and operated as well as those that are owned and operated by a public agency.

All measurements of distance under this section shall be made in a straight line, without regard to intervening structures or objects. Measurements between adult entertainment businesses under subdivision 3 of this subsection shall be between the boundaries of the respective lots on which the businesses are or are proposed to be conducted which are closest to one another. For purposes of subdivision 4 of this subsection, measurement shall be between the closest boundaries of the lot on which an activity described in subdivision 4 is located and the lot on which an adult entertainment business is proposed to be conducted.

D.

Nonconforming Adult Entertainment Businesses. Notwithstanding anything to the contrary contained in Chapter 17.40 or elsewhere in this title, all adult entertainment businesses that were lawfully in existence as of the effective date of this ordinance codified in this title and were rendered nonconforming by the application thereto of this chapter shall be discontinued or shall be brought into full conformance within one year of the effective date of the ordinance codified in this title; provided, that any such nonconforming use may continue for up to one additional year upon the granting of a conditional use permit pursuant to Chapter 17.42, upon a finding and determination that the owner of the business, because of his inability to avoid liability under a written lease of the business premises which extends for more than one year beyond the effective date of the ordinance codified in this title, or because of a substantial investment in leasehold improvements to the premises which he cannot recover except by use of the premises, would suffer undue hardship if he were not allowed to continue the business at that location for the longer period.

E.

Advertisements and Displays — Prohibitions. No adult entertainment business shall advertise or display portions of, or posters concerning, any of its stock-in-trade (such as books, magazines or motion pictures) in such a way as to render such advertisement or display visible from any public street, thoroughfare, private residence or business premises if such advertisement or display contains photographs or language depicting or referring to specified sexual activities or to specified anatomical areas.

F.

Violation a Public Nuisance. In addition to the criminal penalty provisions set forth in Chapter 17.50, the violation of any of the provisions of this section is declared to be a public nuisance subject to abatement as provided by law.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Antennas for personal use, including television, citizens band, ham radio, or satellite receiving dishes, are permissible, provided that:

A.

They are not located in a required front yard, or street side yard;

B.

A building permit is required for the installation of an antenna or satellite dish. Prior to the issuance of the building permit, it shall be demonstrated to the satisfaction of the building official that:

1.

The antenna or dish is properly designed, constructed and installed to withstand wind pressure and will not create a public health or safety problem,

2.

If roof mounted, that the roof is capable of supporting the structure;

C.

Prior to the issuance of a building permit, an architectural review application shall be submitted to and approved by the architectural review committee for roof mounted satellite dishes and antennas that extend more than six feet in height above the highest peak of the roof, excluding chimneys and other architectural features;

D.

The antenna or dish will not create glare on surrounding properties.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

The following standards apply to boardinghouses:

A.

Conditional Use Permit Required. A boardinghouse is allowed in the R-3 district subject to the approval of a conditional use permit.

B.

Standards — Conditions. The following standards and requirements apply to boardinghouses:

1.

There shall be one parking space per tenant and two spaces for the manager. Tandem parking is not permitted.

2.

An on-site resident manager is required. His phone number shall be on file with the police department.

3.

The building shall meet the requirement of the latest editions of the Uniform Fire Code and the Uniform Building Codes as adopted by the city.

4.

If an existing structure is to be used, a registered civil engineer shall certify that the building is structurally sound and capable of withstanding earthquake motion.

5.

Hotplates are not permitted.

6.

A business license is required.

7.

The conditional use permit shall be valid for a maximum period of five years, at which time a new application is required.

8.

No signs advertising the use are permitted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Cocktail lounges which are carried on as a clearly secondary operation in conjunction with a bona fide restaurant operation may be permitted in any district in which they are listed as permitted or conditionally permitted subject to the following conditions:

1.

The cocktail lounge shall be designed as an integral part of the restaurant within which it is located.

2.

The cocktail lounge shall be entered only from within the restaurant. There shall be no outside entrance to the cocktail lounge except for emergency use only.

3.

The cocktail lounge shall be operated only during the hours that the restaurant is open for business.

4.

The area of any cocktail lounge shall not constitute more than twenty-five percent of the total floor area of the dining room and cocktail lounge.

5.

The cocktail lounge may not utilize outdoor advertising except in conjunction with the restaurant.

B.

Cafes, restaurants and cocktail lounges may have an outside eating or service area provided that it does not exceed fifty percent of the floor area within a building.

C.

A wine-tasting facility may be allowed in an H-C district subject to a conditional use permit. "Wine tasting facility" means the providing of wine samples in order to promote the sale of wine of a particular winery or wineries.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

One permanent accessory dwelling is permitted for purposes of housing a caretaker where allowed by certain commercial or industrial zones, subject to the following standards and approval of a conditional use permit (Chapter 17.42).

A.

Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.

B.

Status of Caretaker. The resident of the dwelling shall be the owner, lessor, manager or any employee with sufficient knowledge of the underlying industrial or commercial use to capably undertake caretaker responsibilities.

C.

Type of Use Requiring a Caretaker. The principal use of the site must require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site, or for needed housing for the owner or operator of a business.

D.

Allowable Location for a Caretaker Dwelling. In C-H, C-1, C-2, C-C, P-F and M zones, such dwelling shall be located on the second floor, or to the rear of a principal building. In the C-H and I zones, such dwelling may be located in accordance with the needs of the applicant. In all zoning districts, a caretaker residence is to be located on the same lot of record or contiguous ownership as the use requiring a caretaker.

E.

Type of Dwelling Unit Allowed. Caretaker residences shall be a standard site-built home, or an apartment-type unit if the caretaker residence is to be integral with a principal structure. The unit shall be located to the rear of the building or located on the second floor of the building.

F.

Parking Requirement. For existing developed sites, none provided sufficient usable area available to accommodate all resident vehicles on-site. For sites being developed with new structures, standard parking requirements shall apply.

G.

Standards Modification. Standards set in the above noted subsections may be modified by the planning commission through the conditional use permit approval process.

(Ord. 519 § 2 (Exbt. A), 1993)

A.

Applicability. The provisions of this section apply to condominium, townhouse, cooperative housing and similar residential developments, including both new structures and the conversion of existing structures; the provisions are in addition to those set forth in Chapter 17.14 of this title. "Condominium," as used in this section, refers to all such developments.

B.

Intent and Purpose. It is the expressed intent and purpose of the city to apply the regulations contained in this section to condominiums and other similar developments described in this section because the element of permanent ownership or interest in the individual dwelling units, or the air space occupied thereby, makes such developments essentially different in nature from apartments or other multifamily dwellings in which the dwelling units are rented or leased.

C.

Types of Condominiums. Residential condominiums shall be classified as follows:

1.

Horizontal, one in which single-family dwelling units are constructed either as separate structures or as self-contained units within a common structure having individual entrances and utility connections, no opening in any wall common to two or more units, and no part of any unit on top of part of any other unit;

2.

Vertical, any condominium in which any part of any dwelling unit is on top of any part of any other dwelling unit.

D.

Outdoor Common Area. The outdoor common area of a residential condominium, exclusive of all structures, shall provide not less than five hundred square feet of open space per dwelling unit; provided, however, that the open space requirement may be met in whole or in part by any equivalent open ground area which is a part of any individual dwelling unit.

E.

Separation Between Structures. In any condominium in which residential uses are proposed in an R-3 district, each main structure shall be separated from any other main structure on the same lot by a distance of not less than one-half of the sum of the height of the two buildings and in no case less than twenty feet.

F.

Minimum Setbacks. The side yard setback of any residential main structure on any condominium lot on a public street is five feet.

G.

Use Permit Application. A use permit is required for all condominium developments. The use permit application shall be accompanied by:

1.

A legal description of the property and a map to a workable scale showing existing conditions, including boundaries, topography and landscaping, structures and other improvements located thereon, road and utility easements, and such other information as may be requested by the planning director;

2.

Dimensioned schematic development plans, including a site plan, a parking plan, typical floor plans, building elevation plans showing natural and transverse grades, a landscaping plan, and such other information and drawings as may be requested by the planning director. The plans submitted shall show private open space areas, as well as common areas, and shall indicate how air spaces are to be divided;

3.

A statement of provisions to be made for fire protection, including access for fire and other emergency equipment;

4.

A copy of the tentative subdivision map for the project;

5.

A copy of the declaration of restrictions proposed for recordation under the provisions of Section 1355 of the Civil Code, including provisions for management of the project;

6.

In the case of a condominium conversion, the names and addresses of all tenants of the existing building or buildings;

7.

If the applicant is a corporation, a copy of the articles of incorporation and a copy of the bylaws of the corporation;

8.

Any other information deemed necessary or desirable for the purpose of assisting the planning commission in its determination on the application, and of conditions to be imposed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Day nurseries may be operated in any district in which they are listed as permitted only when the lot on which it is established is occupied by no more than one dwelling unit. Day nurseries shall be identified as one of the categories indicated below.

A.

A small day nursery regularly provides care, protection, and supervision for one through six children not related to the caregiver in the caregiver's own home for periods of less than twenty-four hours per day, while the parents or guardians are away. A small day nursery is considered accessory to a permitted and established single-family residential use in agricultural and residential zoning districts.

B.

A large day nursery regularly provide care, protection and supervision for seven through twelve children not related to the caregiver in the caregiver's own home for periods of less than twenty-four hours per day, while the parents or guardians are away. Operation of a large day nursery is permitted only as specifically provided for by district regulations.

C.

An institutional day nursery regularly provides care, protection and supervision for more than twelve children when operated in conjunction with and on the same site as a public or private school, church or other institutional use which is permitted and established in the district. Operation of an institutional day nursery is subject to approval of a conditional use permit.

D.

A commercial day nursery regularly provides care, protection and supervision for more than twelve children in specified districts. Access shall be only from a collector or arterial street, or a local street if the street is developed primarily with business. Play areas shall be separated from contiguous residential yards by a six-foot-high solid masonry wall.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A conditional use permit is required for a drive-through lane, window or other facility. The lane or facility shall be designed so as not to create an impediment to on-site or off-site vehicular or pedestrian circulation or parking.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A driveway shall be paved. In situations where the required parking is located to the rear of the main dwelling, the driveway shall be not less than ten feet in width and open for a height of eight feet. All driveways shall be built in accordance with city standards. Driveways for panhandle lots shall be not less than twelve feet in width. A turnaround shall be provided to prevent vehicles from backing.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

No building or structure shall be constructed which may be in conflict with a recorded easement.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Lot design shall provide, to the extent feasible, for passive or natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources. Design measures to accomplish these objectives may include, but are not limited to, the arranging of streets, lots, buildings, and landscaping to (1) provide solar access for active solar water and space heating systems and passive space heating, (2) minimize solar heat gain in the summer, and (3) take advantage of prevailing breezes.

B.

In providing for future passive or natural heating or cooling opportunities, consideration shall be given to local climate, to contour, to configuration of the original parcel, and to other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable zoning.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Use Permit Required. All of the uses listed in this section, and all matters directly related to them, are uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title, and therefore the authority for a location of the operation of any of the uses designated in this section is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 17.42. In addition to the criteria for determining whether or not a use permit should be issued, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, odor, dust or vibration; (2) hazard from explosion, contamination or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows:

1.

Airports and landing fields;

2.

Cemeteries;

3.

Establishments or enterprises involving large assemblages of people or automobiles as follows:

a.

Amusement parks and racetracks;

b.

Circuses or carnivals, Fourth of July celebrations or similar short-term special events, except when conducted on a city owned public park and when having first received administrative approval of a city park activity/special event permit;

c.

Public buildings, parks and other recreational facilities;

d.

Recreational facilities, privately operated.

4.

Hospitals, medical offices, rest homes and sanitariums;

5.

Garbage dumps;

6.

The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;

7.

Removal or deposit of earth, other than excavations or deposits in connection with construction of buildings, roadways or public or home improvements.

B.

General Performance Standards. The following general performance standards apply to hazardous uses:

1.

Fire and explosion hazards: All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry and as approved by the fire department. All incineration is prohibited except any incineration conducted by the city which otherwise conforms with applicable state and federal regulations.

2.

Radioactivity or electrical disturbance: Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted in quantities which is dangerous to humans.

(Ord. 568 § 1, 2000; Ord. 445 § 2 (Exbt. A) (part), 1986)

In order to conserve structures of potential local historical significance, plans for additions/alterations to, or the removal of, structures built prior to 1936 and/or associated with a local historical event or person, or exhibiting a significant historical architectural style shall be referred to the planning commission for approval if in the opinion of the planning director or building official referral is necessary. The decision of the planning commission is appealable to the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof. The following criteria apply for the evaluation of a home occupation:

A.

There shall be no employment of help other than the members of the resident family.

B.

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

C.

Except when actually being shown to business visitors for the purpose of sale, all goods and merchandise held for sale shall be stored in a closed closet or compartment on the premises, located either in the dwelling unit or in an accessory structure, having an interior capacity of no more than nine hundred sixty square feet.

D.

The use shall not generate pedestrian or vehicular traffic or vehicle parking beyond that normal to the district in which it is located.

E.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton capacity, owned by the operator of such home occupations, which shall be stored in an entirely enclosed garage.

F.

There shall not be any generation of noise, light, odor, vibration, or electrical interference beyond the property line of the subject property.

(Ord. 486 § 2, 1990: Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

All landscaping, where required, shall be maintained in a healthful growing state free from weeds, litter and debris.

B.

Although no specific plant species is proposed, it is preferred that native plants be selected because of their tolerance to local climatic conditions and their resistance to drought.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

For through lots the director shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this title.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

On an interior lot, the front lot line is the property line abutting the street.

B.

On a corner lot, the front lot line is the shorter property line abutting a street.

C.

On a through lot, or a lot with three or more sides abutting a street, or a corner lot with lot lines of equal length, the director shall determine which property line or lines shall be the front lot line for purposes of compliance with yard and setback provisions of this title.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

In the case of an irregular, triangular or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot line which is bounded on all sides by streets may have no rear lot line.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Applicability. This section is enacted pursuant to the provisions of Section 65852.3 of the Government Code and applies only to mobile homes placed on permanent foundation systems on lots zoned for single-family dwellings.

B.

Permitted Use. A mobile home is permitted as a residential dwelling on any lot zoned for single-family residential use, provided it meets all of the requirements of this section.

C.

Approval. No building permit, certificate of occupancy, or other permit or entitlement shall be issued for the establishment or placement of a mobile home as a residence on any parcel of land under the provisions of this chapter, except within an approved mobile home park or any residential zone permitting single-family dwellings, unless and until such use has been approved by the architectural review committee.

D.

Eligibility. A mobile home qualifies under the provisions of this section only if:

1.

It has been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C., Section 5401, et seq.), and has not been altered in violation of that act; and

2.

It is placed on a permanent foundation system approved by the building inspector which complies with the provisions of this section and with all applicable building codes and regulations, specifically including the provisions of Section 18551 of the Health and Safety Code.

E.

Criteria to Be Applied. In order to approve an application for the establishment or placement of a mobile home pursuant to this chapter, the architectural review committee must find that the proposed mobile home meets all of the following criteria for neighborhood compatibility:

1.

It must comply with all provisions of the zoning ordinance applicable to residential structures.

2.

It must have a minimum width of twenty feet.

3.

The mobile home and accessory structures, such as garage or carport, must be covered with an exterior material customarily used in new residential structures in the surrounding areas, which shall extend to the ground; provided, that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

4.

The finished floor shall be a maximum of twenty-five inches above the exterior finish grade of the lot.

5.

The roof must have a pitch of not less than two inches vertical rise for each twelve inches of horizontal run and must consist of shingles or other material customarily used for new residential construction in the surrounding area.

6.

It must have porches and eaves, or roofs with eaves, which are comparable to those found in new residential structures in the surrounding area.

a.

The architectural review committee may not impose more stringent criteria or conditions than those contained in this subsection.

F.

Building Permit Requirements. Prior to the issuance of a building permit for the establishment or placement of a mobile home on a foundation system pursuant to this section, the owner or contractor shall provide the building inspector with all of the documents and information, and shall pay all of the fees, required by Section 18551 of the Health and Safety Code, in addition to complying with all other requirements for a building permit.

G.

Mobile Home as Fixture—Prohibition on Removal. Once installed on a foundation system in compliance with the provisions of this section and with Section 18551 of the Health and Safety Code, a mobile home shall be deemed a fixture and a real property improvement to the property to which it is affixed. Physical removal of the mobile home shall thereafter be prohibited without the consent of all person or entities who, at the time of such removal, have title to any estate or interest in the real property to which the mobile home is affixed.

H.

Appeal. Any action taken or decision made by the architectural review committee upon an application for the establishment or placement of a mobile home on a permanent foundation system pursuant to this section may be appealed by the applicant pursuant to Chapter 17.46. An owner of real property situated within three hundred feet of the proposed mobile home site has the same right of appeal.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 751, § 2, 1-11-2023)

A.

Adequate visual screening shall be provided for all outdoor storage areas. The screening shall be approved by the city.

B.

No storage is permitted in any required front or street side yard.

(Ord. 525 § 2 (part), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Planned developments are intended to promote efficient use of the land through increased design flexibility and quality site planning. The planned development concept allows departure from standard property development regulations when development is planned as a unified, integrated whole and incorporates outstanding design features and amenities. Planned developments can provide for maximum effective density and improved aesthetics through increased flexibility in building siting, creative use of permanent open space, and the preservation of significant natural features. Mobile home parks shall be considered a planned development and shall meet the requirements of Section 17.38.230(C)(3).

B.

Whenever property is proposed to be developed as a planned development, the following general principles apply:

1.

Planned developments may include any combination of detached or attached units.

2.

District property development standards, except as related to population density, may be modified or waived where it is determined that such modification or waiver will produce a more functional, enduring and desirable environment, and no adverse impact to adjacent properties will result therefrom.

3.

Population density shall be calculated on gross acreage, less public streets.

4.

Community sewer and water is required for development.

5.

The design of a planned development shall ensure compatibility and harmony with existing and planned uses on adjacent properties. Design elements to be considered include, but are not limited to, architecture, distance between buildings, building setbacks, building height, off-street parking, open space, privacy, screening and landscaping.

6.

Off-street parking shall be provided consistent with the parking standards of Section 17.36.020 for planned developments and shall be integrated into the development to minimize exposure and impact on neighboring development. Notwithstanding this aforesaid provision, an exception to the number or type or arrangement of parking spaces may be approved for planned developments consisting of condominiums or townhouses provided that parking sufficient for occupants of the development and their guests will be provided and provided that said exception is consistent with the following criteria:

a.

Where a tandem parking arrangement is proposed:

i.

Each unit shall have no more than two bedrooms, and

ii.

The required number of guest parking spaces shall comply with Section 17.36.020 or equivalent on-street parking shall be provided;

b.

Where enclosed parking sufficient for two cars per unit is provided, the parking arrangement may be either side-by-side or tandem. Where two-car garages are proposed for all residential units, a reduction in guest parking of up to twenty percent of the total guest parking requirement may be allowed, with said reduction pro-rated based upon the proportion of housing units having two-car garages;

c.

Where inclusionary affordable housing is proposed consistent with Chapter 17.41, exceptions to the parking requirements of Section 17.36.020 may be approved, and compliance with the aforesaid criteria is not required.

7.

The developer shall provide for perpetual maintenance of all common land and facilities under common ownership through means acceptable to the city.

8.

Conservation of natural site features, such as topography, vegetation and watercourses shall be considered in project design.

9.

Energy conservation, and utilization of renewable energy sources, should be given prominent consideration.

10.

Streets serving the development must be adequate to accommodate the traffic generated by the proposed project.

C.

In addition to the requirements of subsections A and B of this section, the following criteria apply:

1.

Planned residential developments shall provide common open space free of buildings, streets, driveways or parking areas. The common open space shall be designed and located to be easily accessible to all the occupants of the development and usable for open space and recreational uses.

2.

Planned residential developments greater than twenty acres in area may include:

a.

Commercial, educational, religious and professional uses. Such uses must be compatibly and harmoniously incorporated into the development;

b.

Mobile home development, when located and designed to be compatibly and harmoniously incorporated into the development;

3.

Mobile home planned residential developments may be permitted when developed in accordance with the following:

a.

The minimum development size is three acres; however, a smaller size may be permitted when developed as a portion of a larger development in accordance with subdivision (1)(b) of this subsection.

b.

Density of development shall be consistent with the general plan.

c.

Development is restricted to single-family mobile homes.

d.

The planning commission or the city council may require that mobile homes be recessed where a determination is made that such condition is needed to ensure compatibility and harmony with existing and planned uses on adjacent properties. Where such finding is made, the following applies:

i.

All mobile homes shall be recessed below level grade to the extent that the floor elevation is no greater than eighteen inches nor less than six inches above grade. The requirement may be modified if it is determined by the director that a greater or lesser elevation is needed to protect the health, safety and welfare of the occupants.

ii.

The area between the floor elevation and the ground shall be skirted or otherwise enclosed and properly sealed to preclude water from entering under the mobile home.

iii.

Whenever the soil is excavated below a mobile home, a retaining wall shall be installed extending six inches above grade.

e.

No access drive shall be less than twenty-five feet in width, or thirty-two feet in width if car parking is permitted on one side of the access drive, and not less than forty feet in width if car parking is permitted both sides of an access drive.

f.

A minimum fifteen-foot wide landscaped setback shall be provided along all public street frontage.

i.

The landscaped setback shall be designed by a licensed landscape architect, and landscaping shall be installed by a licensed landscape contractor.

ii.

The landscaping shall be maintained by the operator of the park to be in a healthful growing state free from weeds and debris.

iii.

The landscaped setback shall include a solid masonry wall with a staggered setback at a maximum of every thirty-five feet and street trees spaced at a maximum of thirty-five feet on center.

g.

Guest parking spaces required by Table 17.36.020 shall be evenly distributed throughout the project. In situations where guest parking adjoins a mobile home space, a solid masonry wall shall be provided.

(Ord. 644 § 1, 2007; Ord. 466 §§ 3, 4, 1988; Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Noise. The following performance standards for noise control apply in all residential, commercial, and industrial districts:

1.

At the boundaries of any lot or parcel of land the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the dB-A values given in Table 17.38.240 A, after applying the correction shown in Table 17.38.240 B.

2.

Measurements shall be made as follows:

Table 17.38.240 A
MAXIMUM PERMITTED SOUND LEVEL AT LOT LINE IN DECIBELS

If the noise is not smooth and continuous and is not radiated between the hours of one p.m. and seven a.m., one or more of the corrections in Table 17.38.240 B shall be applied to the octave band levels given in Table 17.38.240 A:

Table 17.38.240 B

B.

Vibration. No vibrations shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

C.

Air Pollutants. No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution which can damage the health of humans or animals, or to vegetation or other forms of property, is permitted.

D.

Glare. No direct or reflected glare, whether produced by floodlight, high-temperature processes such as combustion or welding, or other means, so as to be visible from any boundary line of property on which the glare is produced, is permitted.

E.

Liquid or Solid Wastes. No discharge at any point into any public sewer, storm drain, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, is permitted, except in compliance with standards approved by the California Department of Public Health or such other governmental agency or agencies as has jurisdiction over such activities.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

There shall be only limited medical care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in hospitals.

B.

The population density standards of the district in which the facility is proposed shall apply. For this purpose the resident family and six persons residing in the facility shall be counted as one family in determining the required lot area. One additional person may be permitted for each one thousand square feet of lot area exceeding the minimum lot size.

C.

The maximum number of persons calculated in subsection B of this section applies regardless of the number of the licensee's family, or persons employed as facility staff, who shall not be included in determining the number of residents.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Second Residential Unit Defined. Generally, "second residential units" mean either "accessory dwelling unit" or "junior accessory dwelling unit" pursuant to the provisions in Section 65852.2 of the Government Code. Detailed definitions are included in Section 17.04.030 (definitions).

B.

Locations Permitted. Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow single-family or multifamily uses, subject to the permit requirement of applicable zone districts and compliance with the development standards of this chapter.

C.

Permit Required. An accessory dwelling unit or junior accessory dwelling unit may be attached to or detached from an existing or proposed single-family or multifamily dwelling upon the issuance of a permit in accordance with this chapter. An attached accessory dwelling unit may also be attached to or placed within garages, storage areas or similar uses, or an accessory structure. The planning director shall approve a permit for an accessory dwelling unit and/or junior accessory dwelling unit meeting the development standards of this chapter and consistent with Section 65852.2 of the Government Code.

1.

Processing of Permit. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, in accordance with Section 65901 or 65906 of the Government Code and all local ordinance provisions regulating the issuance of variances or special-use permits, as follows.

a.

On Single-Family Lots.

i.

An attached accessory dwelling unit or junior accessory dwelling unit shall be allowed subject to the following:

(A)

The accessory dwelling unit or junior accessory dwelling unit is within the enclosed, conditioned space of a proposed or existing single-family dwelling; or the accessory dwelling unit or junior accessory dwelling unit is within an existing accessory structure.

(B)

The unit may include an expansion of the primary residence of not more than one hundred fifty square feet beyond the current physical dimensions of the existing accessory structure solely to accommodate ingress and egress.

(C)

The unit has exterior access from the proposed or existing single-family dwelling.

ii.

A detached, new construction, accessory dwelling unit on a lot with a proposed or existing single-family dwelling.

iii.

The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph a.(i.) for the purposes of a single permit.

b.

On Multifamily Lots.

i.

Multifamily structures may be allowed accessory dwelling units in a total amount of up to twenty-five percent of the number of total principal units entitled on the property. At least one accessory dwelling unit must be allowed.

ii.

Accessory dwelling units or junior accessory dwelling units may be provided within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

iii.

No more than two accessory dwelling units may be detached from a primary multifamily structure.

2.

The city shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

3.

Timing.

a.

The city shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the city does not act within sixty days, the application shall be deemed approved.

b.

If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

c.

If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

4.

The city shall not issue a certificate of occupancy for an accessory dwelling unit before the certificate of occupancy is issued for the primary residence.

D.

Junior Accessory Dwelling Units. In addition to complying with Section 65852.2 of the Government Code, junior accessory dwelling units shall comply with the following:

1.

When a junior accessory dwelling unit is permitted, the owner must reside on the property. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, housing organization, or other 501(c)(3) organization.

2.

A junior accessory dwelling unit may not be detached from the proposed or existing primary residence.

3.

A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing primary residence.

4.

A junior accessory dwelling unit shall include an efficiency kitchen, which shall include:

a.

A cooking facility with appliances; and

b.

A food preparation counter and storage cabinets that are of useable size.

5.

Parking shall not be required as a condition to permit a junior accessory dwelling unit.

6.

No subdivision of this municipal code shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a junior accessory dwelling unit complies with applicable development standards.

7.

Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the city attorney that includes the following:

a.

A prohibition of the sale of the junior accessory dwelling unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling units.

E.

Development Standards. The following development standards shall apply to all second residential units.

1.

The living area of a detached accessory dwelling unit shall not exceed one thousand two hundred square feet. The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary residence's living area, with a maximum increase in floor area of one thousand two hundred square feet.

2.

A second residential unit shall not exceed sixteen feet in height and shall be set back at least four feet from side and rear property lines.

3.

No setback shall be required for an existing living area, garage, or other accessory structure that is converted to a second residential unit (or portion of accessory dwelling unit) with the same dimensions as the existing structure, and a setback of five feet from the side and rear lot lines shall be required for a second residential unit that is constructed above a garage.

4.

Except as otherwise provided in this chapter, the second residential unit shall not increase an existing or create a new encroachment upon any required front, side, or rear yard space, increase building height or coverage beyond the standards prescribed for the district in which it is located, or decrease the distance between structures that is required.

5.

No passageway or entrance within view of a street shall be required in conjunction with the construction of a second residential unit.

6.

A second residential unit shall include a maximum of one bathroom, one kitchen, and one living or dining room.

7.

Both the existing or proposed single-family or multifamily residence and the second residential unit shall contain laundry connections within them.

8.

Fees.

a.

Notwithstanding any provision to the contrary contained in this code (or in any code adopted by reference in this code), an accessory dwelling unit may be connected to the city sewerage system through a side sewer shared with the existing residence on the site, or it may have its own side sewer. In either case, the connection of the accessory dwelling unit to the city sewerage system is subject to the requirements of this Section 17.38.270, including obtaining applicable permits, payment of connection charges (where applicable), and payment of user charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water, electricity, sewer, and other utilities as defined. Separate metering of utilities is not required for attached or detached second residential units unless they are constructed with a new primary dwelling.

b.

A property owner may be required by the city to conduct and pay for a camera inspection of existing sewer or water pipes on the property to confirm they are working condition before adding a detached ADU, new square footage to an existing building to add an ADU or converting non-conditioned space to an ADU.

c.

Fees will be charged for the construction of second residential units in accordance with Title 14 of the City of Soledad Municipal Code and state law. The city, special district, or water corporation shall not impose any impact fee upon the development of a second residential unit less than seven hundred fifty square feet. Impact fees include school fees. School districts are authorized (Section 17620 of the Education Code) but do not have to levy impact fees for ADUs greater than five hundred square feet. ADUs less than five hundred square feet are not subject to school impact fees. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

d.

A connection fee shall not be collected for water, sewer, power, or other utility for a junior accessory dwelling unit.

9.

Fire sprinklers are not required for second residential units if they are not required for the existing or proposed single-family or multifamily residence.

a.

For purposes of fire or life protection regulations, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

10.

A second residential unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this city. No second residential unit may be offered for rental terms of less than thirty days.

a.

Notwithstanding Section 17.38.270E.10.a, the city may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:

i.

The property was built or developed by a qualified nonprofit corporation.

ii.

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

iii.

The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:

(A)

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

(B)

A repurchase option that requires the qualified buyer first offer the qualified nonprofit corporation the opportunity to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.

(C)

A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.

(D)

Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensures the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to qualified buyer.

(E)

If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:

(1)

Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.

(2)

Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

(F)

Procedures for dispute resolution among the parties before resorting to legal action.

iv.

A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A preliminary change of ownership report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

v.

Notwithstanding Section 17.38.270E.8.a, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility when an accessory dwelling unit is sold or conveyed separately from the primary residence.

11.

Except as otherwise provided in this chapter, second residential units shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

12.

Parking.

a.

Parking provided shall not exceed one space per unit or per bedroom, whichever is less. Such additional space may be a tandem space in a driveway or off-street within setback areas provided in locations approved by the city. Tandem parking and the location of off-street parking within setback areas shall be approved by the city unless specific findings can be and are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.

b.

If a garage, carport, or covered parking structure is demolished in conjunction with the construction of a second residential unit or is converted to a second residential unit, those off-street parking spaces are not required to be replaced.

c.

No additional off-street parking spaces shall be required for second residential units in locations meeting the following criteria:

i.

The unit is located within one-half-mile walking distance of public transit.

ii.

The unit is located within a historic district.

iii.

The accessory dwelling unit is part of a proposed or existing primary residence or accessory structure.

iv.

On-street parking permits are required but not available to the occupant of the accessory dwelling unit.

v.

There is a car-share vehicle located within one block of the accessory dwelling unit.

F.

Other Provisions.

1.

This section shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

2.

No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under Section 17.38.270.

3.

Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Sections 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

G.

Code Enforcement. The code enforcement officer shall from time to time conduct a review of second residential units within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions:

1.

A code enforcement officer may report:

a.

A change in ownership of the lot or parcel of land on which the residential units are situated.

b.

A change in the occupancy of the residential units that is not in compliance with this section.

2.

A code enforcement officer may issue to an owner of a second residential unit a notice to correct a violation of any provision of any building standard or any failure to comply with this section. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

a.

The second residential unit was built before January 1, 2020.

b.

The second residential unit was built on or after January 1, 2020; however, at the time the unit was built, the city had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

3.

The owner of a second residential unit that receives a notice to correct violations or abate nuisances, as described in Section 17.38.270.G, may submit an application to the city requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

a.

The city shall grant an application described in Section 17.38.270.G.3. if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the state fire marshal or designee pursuant to Section 13146 of the Health and Safety Code.

b.

The city shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to Section 17.38.270G.3(a).

If upon such review, it appears that in a particular case a violation of the provisions of this chapter has occurred, the code enforcement officer may take such action as deemed necessary by the city attorney to correct any violation.

H.

Compliance with State Law. This section is intended to comply with the requirements of Section 65852.2 of the Government Code and any amendments thereto. All accessory and junior accessory dwelling units approved by this section are deemed to not exceed the allowable density for the lot upon which the second residential unit is located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 711, § 2, 5-3-2017; Ord. No. 760, § 2, 10-4-2023)

Security lighting shall be provided for carports in multifamily projects consisting of three or more units. Lighting fixtures and their location shall be approved by the building official and police chief. Lighting shall be directed so as not to create glare or illuminate adjoining property.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

"Small-animal veterinary hospital or clinic" means a completely enclosed building designed, arranged and intended to be used for the medical treatment and care incidental thereto of small animals such as dogs, cats and other similar household pets. These shall not include the medical treatment or care of bovine animals, horses, sheep, goats or swine. The building shall be designed and constructed so that sound emitted through exterior walls or roofs or enclosed areas in which animals are kenneled or treated does not exceed sixty-five decibels. There shall be no incineration permitted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Aboveground tanks shall be adequately screened by berms, landscaping, fencing or walls. Adequate security measures such as fencing and lighting shall be provided to prevent unauthorized entry.

B.

Below-ground tanks shall meet all the requirements of the city, the Monterey County Health Department and other applicable agencies.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Whenever a parcel is subdivided, or a new main building is constructed, or the value of on-site improvements exceeds thirty-three percent of the value of the existing on-site improvements, curb, gutter and sidewalks shall be installed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Swimming lessons for up to three individuals may be given at one time.

B.

Lessons for more than three individuals shall require a conditional use permit.

C.

Swimming pools used for swimming lessons shall be inspected periodically by the Monterey County health department.

D.

The use shall not create a noise nuisance for the surrounding property.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

The following requirements apply to all swimming pools, and to ponds more than eighteen inches deep, in a residential (R) district:

A.

Location. Such pools or ponds shall be constructed at least fifty feet from the front line and at least ten feet from the side line of the lot. The planning commission may by use permit allow a different location, but in no case shall the foregoing requirements be reduced by more than fifty percent. Filter and heating systems shall not be located closer than twenty feet to any dwelling other than the owner's.

B.

Enclosure. All swimming pools and ponds shall be completely enclosed by a fence at least six feet in height, designed to resist climbing. All gates shall be self-closing and self-latching.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

All apartments and other multiple dwellings, including condominium, community housing projects and planned community developments, but excluding hotels, motels and other accommodations for transients, shall provide for independent services of water, gas and electricity to each dwelling unit. Separate shutoffs for each dwelling unit shall be provided.

B.

All dwelling units erected, constructed or remodeled after the effective date of the ordinance codified in this title shall contain the water, plumbing and electrical or gas utility connections and outlets necessary to operate and maintain home laundry facilities, consisting of not less than one washer and one dryer (1) for each structure duplex, or (2) for each four or fewer units in any apartment house or multifamily dwelling.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

A.

Purpose. The purpose of this section is to regulate the parking and storage of vehicles, boats, trailers, and equipment in R zoning districts in order to minimize adverse aesthetic impacts that large, numerous or inappropriate vehicles have in residential districts by limiting the type of such vehicles, their n umbers and the locations such vehicles may be parked or stored.

B.

Definitions.

1.

"Disabled-inoperative vehicle "means any vehicle unable to run under its own power, unlicensed or determined to be unsafe to operate.

2.

"Driveway" means a private road leading from the public street to the principal structure, residence, garage, carport or parking area.

3.

"Equipment" means any mobile equipment not used primarily for the transportation of persons or property and which is only incidentally operated or moved over a highway, including, but not limited to ditch-digging apparatus, asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, draglines, self-propelled cranes, earth moving equipment, forklifts, drill rigs and similar commercial machines.

4.

"Recreational vehicle (RV)," means any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use, including, but not limited to, motor homes, truck slidein campers, fifth wheel trailers, tent trailers, animal trailers, trailers used for transportation of recreational vehicles, any type of three or four wheeled sport racing vehicle, boats, boat trailers, rafts, aircraft, dune buggies, snowmobiles, jet skis, all-terrain vehicles and vehicle dollies. Such term does not include mobile homes regulated under Section 17.38.210.

5.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

6.

"Vehicle storage" means parking or placing any of the items described in this section for a period in excess of three consecutive days, or six days in any calendar year.

C.

Parking and Storage not Allowed in Certain Yard Areas. No portion of any required front yard, exterior side yard of a comer lot, or rear yard of a double frontage lot except as hereafter provided, shall for any period of time in excess of three consecutive days or six days in a calendar year be used for the unenclosed parking or storage of the following:

1.

Motor vehicles, except in fully operational condition and currently registered and licensed for operation on public streets and highways, and when parked on the driveway of the property;

2.

Recreational vehicles;

3.

Disabled/inoperative vehicles;

4.

Trailers of any kind or type. Camper units detached from the truck or other motor vehicles for which they are designed or customarily used shall be considered trailers for the purpose of this section;

5.

Boats and boats on trailers;

6.

Equipment as defined in subsection (B)(3);

7.

Commercial vehicles of over ten thousand pounds gross weight, or in excess of twenty feet in length;

8.

Parts of any items of property described in one through five of this section.

Any of the foregoing items of property, which have been stored on a site or yard described herein for less than three consecutive days or six days in any calendar year and then removed, shall not again be stored on such site or yard in that same calendar year unless in compliance with either subsection D or E of this section.

D.

Vehicle Storage Exceptions in the Single Family Residential (R-1) District. Subject to first obtaining a Certificate of Zoning Compliance approved by the planning director and payment of applicable fees, not more than one boat, or one trailer and boat combination, or one utility trailer may be allowed when it has been determined by the planning director that due to lack of feasible access, the vehicle cannot be parked or stored in the interior side yard or rear yard area and where the trailer, or boat trailer combination meet the following criteria:

1.

The trailer/boat combination or utility trailer shall not exceed twenty feet in length or ten feet in height; and

2.

Is parked or stored entirely upon the paved or designated driveway area, and not encroaching upon the public sidewalk; and

3.

Is maintained in a clean condition and not containing refuse, or materials; and

4.

Is covered with a secure tarp, or fitted fabric cover in good condition.

E.

Temporary Extension of Time/Hardship. Upon demonstration of hardship, and subject to first obtaining a temporary use permit pursuant to Section 17.42.015, the storage of the items of property described in subsections B and C of this section may be allowed in front, side or rear yards of sites for a period of time not to exceed forty-five days in any calendar year.

F.

Vehicle Storage in Multifamily Residential Districts. Storage described in this section is not permitted, unless an area for such storage has received previous formal approval by the city or first obtains approval of a conditional use permit by the planning commission.

G.

Disabled/Inoperative Vehicles. No vehicles shall be repaired in the required front yard, street side yard or rear yard of double frontage lots or on driveway portions of a lot except in bona fide emergency situations. Any such repairs shall be complete within two calendar days. Repairs shall be limited to light work such as minor tune-ups and shall not involve significant parts removal or replacement. More extensive repairs may be conducted when out of public view within a garage or when enclosed by a solid wood fence.

(Ord. 568 § 2, 2000)

Cardrooms established pursuant to Chapter 5.36 shall comply with the following requirements:

A.

All cardrooms shall comply with the cardroom licensing procedures as defined and required in Chapter 5.36 of this code;

B.

A conditional use permit shall be required for each licensed cardroom with more than two card tables. The conditional use permit may be revoked by the planning commission if the use is found to be in violation of Chapter 5.36 of this code or other city regulations, or may be modified by the planning commission if deemed necessary.

C.

The planning commission may require the installation of a robbery alarm or other security measures on the premises if circumstances warrant. The planning commission may rely on recommendations by the police department regarding whether, and to what extent, security measures may be required.

(Ord. 649 § 2, 2007)

A.

Purpose and Authority. The purpose of this chapter is to enact a complete and total prohibition of medical marijuana dispensaries, including mobile dispensaries, medical marijuana cultivation, and medical marijuana deliveries in the city. By adopting the following regulations, the council will achieve elimination of the harms caused or threatened by cultivation and distribution of marijuana. The city council enacts this chapter in accordance with the authority granted to cities by the California Constitution and California state law.

B.

Definitions. For the purposes of this section, the following definitions shall apply, unless the context indicates otherwise.

1.

"Marijuana" shall have the same meaning as the definition of that word in California Health and Safety Code Section 11018.

2.

"Medical marijuana cultivation" means the growing of marijuana for medical purposes pursuant to California Health and Safety Code Section 11362.5, by any person, including but not limited to a qualified patient, person with an identification card, or a primary caregiver. Cultivation includes the cultivation, till, work or development of marijuana, both female and male parts at all stated of growth, including but not limited to mature or immature plants, clones, seedlings or germinating seeds. Cultivation also includes the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

3.

"Medical marijuana dispensary" is inclusive of medical marijuana cooperative/collective or medical cannabis dispensary and means any facility or location, whether fixed or mobile, where medical marijuana is cultivated, provided, sold made available or otherwise distributed by any means to three or more of the following; any individual, including but not limited to, a primary caregiver, a qualified patient, or a person with an identification card. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law; a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5 et seq.

4.

"Qualified patient," "primary caregiver," "person with an identification card" and "identification card" shall have the same meanings as set forth in California Health and Safety Code Section 11362.7.

C.

Cultivation of Medical Marijuana Prohibited. No person owning, renting, leasing, occupying or having charge or possession of any parcel of real property in the city shall cause or allow such parcel to be used for the cultivation of marijuana plants of any type, indoors or outdoors, or within public view, within any zoning district in the city. The city shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana cultivation facility in any zoning district.

D.

Marijuana Deliveries and Dispensaries Prohibited. A medical marijuana dispensary, including any portion of operations allowing for the delivery of marijuana by any means, is prohibited in all zones, districts, properties, and areas within the city. No person or entity shall operate or permit to be operated a medical marijuana dispensary in or upon any property or premises in the city. The city shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary in any zoning district.

E.

Enforcement. Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of chapter or any other applicable law.

(Ord. No. 695, § 2, 2-3-2016; Ord. No. 696, § 2. 1-6-16)

A.

Purpose. The purpose of this section is to regulate employee housing in order to minimize and avoid deleterious impacts of such housing on surrounding neighborhoods and the City as a whole, including but not limited to impacts related to overcrowding, traffic and parking, noise, unanticipated demand on city police and fire services, and reduction of the city's housing supply - particularly housing required to meet the needs of moderate, low, and very low-income residents.

B.

Employee Housing Defined. For purposes of this section, "employee housing" means employee housing as defined in Health and Safety Code section 17008 when the accommodations consist of the following: a housing type permitted in the underlying zoning district and buildings and structures permitted by the city for occupancy.

C.

Applicability. The requirements of this section apply to all employee housing within the city. Failure of an owner and/or operator of employee housing to comply with the provisions of this section is a public nuisance and the owner and/or operator is subject to any penalties, fines, and/or hearing procedures of the city. Per Health and Safety Code section 17021.5, employee housing providing accommodations for six or fewer employees per unit is not subject to this section.

D.

Conditional Use Permit for Employee Housing Required. A conditional use permit for employee housing is required pursuant to this section for employee housing located in the R-1.5, R-2, R-3, and C-R zones where accommodations are provided for seven or more employees in any dwelling unit. Employee housing where accommodations are provided for seven or more employees in any dwelling unit is prohibited in all other zoning districts, unless otherwise allowed by law.

E.

Findings Required for Conditional Use Permit for Employee Housing. In addition to the findings required by section 17.42.050, the Planning Commission must make the following findings before issuing a conditional use permit for employee housing:

1.

The employee housing conforms to the density, development standards, permit requirements, and other regulations of the underlying zoning district. If the employee housing involves construction of new units, the employee housing complies with all requirements for such new development, including but not limited to the city's inclusionary housing provisions in Chapter 17.41. If the employee housing involves conversion of existing structure(s), any such conversion must bring the structure(s) up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the city's building inspector.

2.

The employee housing has obtained certification by the state workforce agency that the employee housing complies with federal and state program standards, and the city has been provided proof of certification by the California Employment Development Department and/or California Department of Housing and Community Development acting as the state workforce agency and/or any other state or federal agency required to certify the employee housing.

3.

The employee housing will not cause deleterious impacts to the use and enjoyment of property by surrounding neighbors. Examples of deleterious impacts include, but are not limited to, impacts caused by traffic and noise, impacts on police and fire services, pedestrian and public safety impacts, and nuisance and blight issues.

4.

The employee housing will not result in the eviction of any tenant of an existing unit in violation of state law, including but not limited to Civil Code Section 1946.2.

5.

The employee housing will not result in the termination of the residential tenancy or the eviction of any existing tenant that has occupied or executed a lease for at least twelve months unless just cause exists under Civil Code Section 1946.2(b) or the owner and/or operator of the employee housing provides relocation assistance to any such tenant in the amount of six months' rent.

6.

The employee housing will not result in a net loss of units designated as affordable units, including but not limited to (i) any existing units subject to an affordability requirement or deed restriction, (ii) any units required to be constructed and maintained as affordable pursuant to Chapter 17.41 (Inclusionary Housing), and (iii) any units required to be constructed and maintained as affordable pursuant to a development agreement.

F.

Performance Standards. The employee housing must comply with the below performance standards, which are hereby incorporated as conditions of approval for any conditional use permit for employee housing issued pursuant to this section unless modified by the Planning Commission at the request of the owner and/or operator.

1.

The owner and/or operator of any unit used for employee housing shall consistently maintain the unit and property. Such maintenance includes, but is not limited to, landscape maintenance with healthy plant materials and weed, dirt, litter, and graffiti removal. The owner and/or operator must submit to the city for the city's review and approval a management plan identifying, at minimum, management and operation of the employee housing, tenant rules, safety and security of residents, and building and site maintenance prior to issuance of any conditional use permit for employee housing. The city may review the management plan on an annual basis.

2.

Accessory buildings, attached or detached garages, and any other structure that is not permitted as a dwelling unit may not be used for employee housing.

3.

Common living areas (kitchens, dining rooms, living rooms, family rooms, etc.) within existing units shall not be converted to, or used for, additional sleeping areas.

4.

The appearance of the unit or property shall not be designed or modified (either by color, materials, construction, signs, lighting, sounds, etc.) so as to be recognized as employee housing.

5.

No commercial signs shall be permitted on the property or on vehicles parked at the property.

6.

Any vehicles associated with the operation of the employee housing, including but not limited to employee transportation, deliveries, and company vehicles shall not impede vehicular or pedestrian traffic or block any driveway or sidewalk. The owner and/or operator must submit a traffic circulation plan identifying, at minimum, bus/shuttle loading and unloading locations, to the city for the city's review and approval prior to issuance of any conditional use permit for employee housing pursuant to this section. The city may review the traffic and circulation plan on an annual basis.

7.

Vehicles with the capacity to carry sixteen or more passengers shall not be parked on the property or adjacent streets other than when actively in the process of picking up or dropping off employees.

8.

The owner and/or operator of the employee housing shall establish a twenty-four-hour emergency contact phone number.

9.

Bicycle racks sufficient to serve the employee housing shall be provided.

10.

The property must provide, at minimum, one parking space designated exclusively for the manager and one space for each employee on the site. The property must otherwise comply with the parking requirements of the underlying zoning district.

G.

Duration, Revocation, Transferability, and Penalty for Violation. A conditional use permit for employee housing issued pursuant to this section is subject to the requirements of sections 17.42.070 and 17.42.080. In addition, the following factors are grounds for review and/or revocation of a conditional use permit for employee housing issued pursuant to this section:

1.

Frequent or an unusual number of calls for service or public complaints regarding an employee housing site may lead to review and/or revocation of a conditional use permit for employee housing issued pursuant to this section.

2.

Revocation or other loss of any required state or federal certification for operation of the employee housing.

(Ord. No. 728, § 4, 3-3-2020; Ord. No. 737, § 3, 4-7-2021)

A.

Applicability. This section applies to deed-restricted projects with affordable units that receive assistance from state or federal funding sources.

B.

Notice Required. Owners of deed-restricted affordable projects are required to provide notice of affordability restrictions that are expiring after January 1, 2021, to all prospective tenants, existing tenants, and the city at the following intervals prior to the expiration date: One notice three years prior, a second notice one year prior to expiration, and a third notice six months prior to the scheduled expiration of rental restrictions.

(Ord. No. 752, § 2, 10-4-2023)

A.

Development Standards. Single-room occupancy facilities shall comply with the following standards, subject to approval from the community and economic development director or designee:

1.

The floor areas per room shall be a minimum of one hundred fifty square feet, including bathroom and kitchen facilities.

2.

The maximum room occupancy shall be one person.

3.

A common area with a minimum of two hundred fifty square feet shall be provided.

4.

A manager's unit shall be provided and may exceed the maximum allowable square feet per room.

B.

Operating Standards.

1.

Occupancy shall be limited to a minimum of thirty days.

2.

On-site management shall be provided twenty-four hours per day. The manager shall be accessible to residents, law enforcement personnel, and any other individuals who need to establish communication upon or about the premises. The manager also shall have the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that adversely impact surrounding properties.

3.

Cleaning services shall be provided in the common areas.

C.

Density Standards. The density shall be calculated based on the applicable zone with one room equivalent to one-half dwelling.

D.

Design Guidelines. The following design guidelines applicable to each project:

1.

Living units must have amenities sufficient to sustain daily living, which at a minimum incudes: furnishings, built-in cabinets, closets, and miscellaneous storage; and individually controlled heating and ventilation.

2.

Living units must be pre-wired for both telephone, cable television, and internet service.

3.

Laundry services must be provided on the premises.

(Ord. No. 754, § 2, 10-18-2023)

A.

Permitted. Low barrier navigation center facilities are permitted in the C-R district.

B.

Criteria.

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C.

Application. Within thirty days of receipt of an application for a low barrier navigation center development, the city shall notify a developer whether the developer's application is complete pursuant to Section 65943 of the Government Code. Within sixty days of receipt of a completed application for a low barrier navigation center development, the director or designee shall act upon its review of the application.

D.

Enforcement. Violations of this chapter shall be enforceable pursuant to the provisions of this chapter or any other applicable law.

(Ord. No. 761, § 2, 10-4-2023)