(A)   The General Plan outlines goals, objectives and policies regarding the character of residential land uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socio-economic groups.

   (B)   It is also the intent of this chapter to ensure adequate light, air, privacy and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provisions of utility services and other public facilities commensurate with anticipated population, dwelling unit densities and service requirements. (Ord. 805-14, 7-1-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Residential Suburban (RS) Zone District: The primary purpose of the Residential Suburban Zone District is to provide for and protect a rural atmosphere and lifestyle or a large lot estate atmosphere and lifestyle. This zone district is intended as an area for development of low density, comprised of: 1) a large lot subdivision with a maximum allowable density of one dwelling unit per acre; or 2) a small lot subdivision with a maximum allowable density of two and one-half (2 ½) dwelling units per acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the Residential Suburban Zone District depicted on the City zoning map.

   (B)   Single-Family Residential (R-1) Zone District: The primary purpose of the R-1 Zone District is to provide for and protect the atmosphere and lifestyle associated with detached, single-family residential neighborhoods. This zone district is intended as an area for detached single-family residential small lot developments at a maximum allowable density of seven (7) dwelling units per acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-1 Zone District depicted on the City zoning map.

Accessory dwelling units, in addition to existing primary structures, are permitted pursuant to the provisions of section 6-12-23 of this title.

   (C)   Medium Density Residential (R-2) Zone District: The primary purpose of the R-2 Zone District is to provide for a range of housing choices for residents in a more urban setting. The R-2 Zone District provides for residential development, including small lot single- and multiple-family detached and attached residential uses at a maximum allowable density of fifteen (15) dwelling units per net acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-2 Zone District depicted on the City zoning map.

   (D)   High Density Residential (R-3) Zone District: The primary purpose of the R-3 Zone District is to provide for the development of multi-family attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of twenty-nine (29) dwelling units per net acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-3 Zone District depicted on the City zoning map.

   (E)   Residential Densities:

      1.   Determination: The actual density that may be attained in a residential district shall be determined by the residential land development review process and public hearings, as described in chapters 1 and 2 of this title. The Planning Director, project assistance team, Planning Commission and/or City Council shall have the authority to reasonably condition proposed residential development to ensure that appropriate transitions are provided and that the proposed development is compatible with adjacent residential land uses, both existing and proposed.

      2.   Threshold Densities: “Threshold densities”, as specified by the General Plan, may be exceeded up to the “maximum allowable density” for residentially zone districts, pursuant to the provisions of section 6-11-8, “Development Density; Density Bonuses”, of this title. (Ord. 805-14, 7-1-2014; amd. Ord. 846-22, 3-15-2022; amd. Ord. 849-22, 12-6-2022)

   (A)   Table 4.A Scope: Table 4.A of this section identifies those land uses or activities that may be permitted in each of the residential zone districts, subject to the provisions of this chapter, other provisions of this title, and applicable General Plan policies. Table 4.A of this section also identifies, by zone district, those land uses and activities that are permitted subject to an approved conditional use permit, or are prohibited.

   (B)   Special Use Regulations:

      1.   Animals Within Residential Zone Districts:

         (a)   It is the general intent of the City to permit the keeping of animals within the City without the creation of a nuisance to surrounding residents and visitors. Animals that may be kept within residential districts are identified in section 6-12-4 of this title. Animals not listed in section 6-12-4 of this title may be permitted in residential districts, subject to City review and confirmation that a nuisance condition will not be created.

         (b)   In addition to the provisions of section 6-12-4 of this title, all animals, excluding household pets, shall be kept a minimum distance of fifty feet (50') from any street. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine all such animals shall also conform to this requirement.

      2.   Equipment and Devices: In all residential districts, air conditioners, heating, cooling, ventilating, pool, spa, sauna, or similar mechanical equipment, as well as lighting or electrical devices, shall be located to minimize impact to the peace, quiet and comfort of neighboring residents and shall be screened, where possible, from surrounding properties and streets. All equipment shall be installed and operated in accordance with chapter 11 of this title and all other applicable City ordinances, standards and regulations, and shall be subject to approval by the building official prior to installation.

      3.   Landscaping: All developments in Residential Zone Districts are required to provide front and street side yard landscaping, and shall consist predominantly of drought tolerant plant materials, except for necessary walks, drives and fences, subject to the provisions of section 6-11-41 of this title.

      4.   Front Setback Protrusions: No portion of any building may protrude into the front setback unless the following conditions are met:

         (a)   Architectural projections, such as unenclosed porch roofs and support posts, awnings, canopies and roof overhangs may project over the required front yard setback, but not more than twenty percent (20%) thereof. Architectural projections along side yards and rear yards shall extend no closer than thirty inches (30") from the property line.

         (b)   Uncovered porches, platforms or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than six feet (6'), an openwork railing not more than thirty inches (30") in height may be installed or constructed on any such porch, platform or landing place.

   Legend:

   P = Permitted subject to consistency assessment

   C = Permitted subject to approval of a conditional use permit application

   DP = Permitted subject to approval of a Director’s Permit application

   X = Prohibited

 

 

   (C)   Additional Standards for Condominium, Townhouse and Apartment Developments:

      1.   Compliance: All condominium and condominium conversion projects shall comply with the provisions of section 6-11-5, “Condominiums and Condominium Conversions”, of this title.

      2.   Construction Plans: Any proposal for a condominium conversion shall include a set of original construction plans for the building as part of the initial application for conversion.

      3.   Inspections: For all condominium conversions, an on-site inspection shall be made by staff from building, engineering, fire and planning departments to determine whether the design criteria set forth in this section has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.

      4.   Code Compliance: Condominium, townhouse and apartment developments shall comply with the latest city adopted California building code, California mechanical code, California plumbing code, California electrical code, California fire code, and all other applicable codes, ordinances and regulations in effect.

      5.   Separate Utility Services: Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.

      6.   Enclosed Exterior Storage Space: When carports are provided for a condominium, townhouse or apartment development, a minimum of two hundred sixty (260) cubic feet of enclosed exterior storage space shall be required for each carport.

      7.   Shock Mounting of Mechanical Equipment: All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which is determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

      8.   Masonry Wall Between Districts: Where a multiple-family dwelling, including incidental or required accessory uses, abuts property in an RS or R-1 zone district, a masonry wall six feet (6') in height shall be required along the property line between such use and the RS or R-1 zone district.

      9.   Greater Setbacks: The planning commission and/or city council may require a greater setback as part of a precise plan of design due to the size, width or length of a building and its relationship to a street or intersection of two (2) streets or adjacent buildings and land uses. Relationship factors may include pedestrian safety needs such as maintaining a visibility triangle free of obstructions (e.g., fences, landscaping, or structures within 45 feet of the corner to ensure clear sight lines), overshadowing impacts on neighboring residences, adequate spacing for light and air circulation between buildings, and sufficient separation for fire safety compliance (e.g., fire-rated wall requirements or defensible space).

         (a)   In the case of a dwelling structure designated with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six feet (6') into the required side or rear yard setback area, provided the remaining distance between the patio and the property line is at least ten feet (10').

         (b)   The required side or rear yard setback area may be used for patio purposes.

         (c)   The front yard setback area, as well as the side yard setback area when adjacent to a street, shall not be used for parking. Vehicular access to designated parking areas for the property shall be limited to driveways, as defined in section 6-14-6 of this title.

   (E)   Vacant Building Registration: Vacant or abandoned residential buildings are subject to the vacant building registration requirements per section 6-11-40 of this title and title III, chapter 4.3 of this code. (Ord. 805-14, 7-1-2014; amd. Ord. 831-18, 3-20-2018; Ord. 846-22, 3-15-2022; Ord. 849-22, 12-6-2022; Ord. 856-26, 1-20-2026)

   (A)   Parking Requirements:

      1.   Parking for each residential development shall be provided in compliance with chapter 14 of this title.

      2.   Assigned parking shall be provided within for sale projects, including condominium conversions.

      3.   On street parking shall not be used to satisfy any of the above parking requirements.

      4.   Tandem parking shall not be permitted.

   (B)   Landscaping:

      1.   All required front, side and rear yards shall be landscaped with drought resistant trees, shrubs and ground cover.

      2.   All landscaping shall be provided with a permanently maintained irrigation system.

   (C)   Open Space: Each residential development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

      1.   Outdoor open space shall comprise not less than twenty five percent (25%) of the net acreage. Public or private driveways, parking spaces or other areas designed for operational functions are not considered open space. These open spaces may include game courts or rooms, swimming pools, gardens, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and setback areas with dimensions greater than fifteen feet (15'). It is the intent of the city to encourage provision of facilities to accommodate children of all ages, wherever appropriate.

      2.   Private patios or balconies attached to individual dwelling units may be computed as required outdoor open space, provided the minimum dimension is at least ten feet (10') and the minimum area is one hundred fifty (150) square feet.

      3.   Swimming pools with related deck areas, wading pools, fish ponds, volleyball courts, barbecue areas, game rooms or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than fifty percent (50%) of the required outdoor living space.

      4.   Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

   (D)   Private Open Space: Each dwelling unit shall have a minimum private open space of one hundred fifty (150) square feet with a minimum dimension of ten feet (10'). For units designed above the ground, one or two (2) balconies, with a combined minimum area of one hundred (100) square feet, shall be provided.

   (E)   Pedestrian Circulation: A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval, and shall be developed with a combination of the following development standards:

      1.   A public sidewalk system shall be development adjacent to all public streets with a minimum width in accordance with city standards.

      2.   The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet (4'). Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the city.

   (F)   Fences And Walls: A solid fence or masonry wall shall be constructed around the perimeter of the site when adjacent to streets, commercial, industrial and/or single-family residential uses. Maximum height shall be six feet (6'), except within the required front yard or street side yard setback area where the maximum height shall be forty inches (40"). Fences and walls shall be in compliance with section 6-11-9 of this title.

   (G)   Laundry Facilities: For sale projects shall be required to provide laundry facilities for washers and dryers within each residential unit. In the case of apartments, laundry facilities for washers and dryers shall be installed within each residential unit, unless common laundry facilities are provided within each building located within the complex.

   (H)   Lighting: All garages, walkways and driveways shall be lighted during the hours of darkness as follows:

      1.   Garages: At least one (1) 60-watt light for each two (2) spaces, located inside the garage;

      2.   Walkways from Parking Areas to Dwelling Units: One hundred (100) watt light per thirty-five (35) linear feet of walkway;

      3.   Driveways and Alleys: One hundred (100) watt light per fifty (50) linear feet of alley or driveway; and

      4.   Fixtures: Fixtures for all lights shall be of the type that is protected from breakage.

   (I)   Trash Collection Areas: Trash collection areas shall be provided within two hundred feet (200') of the furthest unit to be served; such collection areas shall be situated to eliminate, insofar as possible, noise and visual intrusion on adjacent property, as well as to eliminate fire hazards to adjacent structures. Further, all trash and garbage collection areas, within residential developments, shall comply with the requirements of section 6-11-30, “Screening Requirements”, of this title.

   (J)   Security Devices: Each door providing ingress and egress to any dwelling unit subject to this chapter shall be equipped with the following devices:

      1.   A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

      2.   A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this subsection.

   (K)   Maximum Number and Dimensions of Connecting Units: No more than eight (8) units for single-story and sixteen (16) units for two-story structures may be connected. Each building may not exceed two hundred feet (200') in any direction.

   (L)   Accessibility Standards for Ground-Floor Affordable Housing Units

      1.   This section applies to new affordable housing developments within the city that include ground-floor residential units. The purpose is to provide sufficient fully accessible ground-floor units to meet anticipated need, promote universal design, and comply with applicable state and federal accessibility requirements.

      2.   Accessibility Requirement:

         (a)   For projects with between 10 and 14 units, a minimum of one ground-floor unit shall be constructed to meet full interior accessibility standards.

         (b)   For projects containing 15 or more total units, a minimum of 10 percent of ground-floor units shall be constructed to meet full interior accessibility standards, rounded up to the nearest whole unit.

         (c)   Accessible units shall conform to the most current standards set forth in the California Building Code Chapter 11A and/or the Fair Housing Act Accessibility Guidelines, including but not limited to accessible doorways, hallways, kitchens, bathrooms, and maneuvering spaces throughout the unit.

         (d)   All remaining ground-floor units shall be constructed to meet adaptable design standards consistent with FHA requirements, permitting cost-efficient retrofitting or modification to accommodate persons with disabilities when necessary.

      3.   Reasonable Accommodation and Alternative Compliance:

         (a)   Applicants may request reasonable accommodation or propose alternative but equivalent accessibility measures pursuant to section 6-11-24 of this title when full compliance is infeasible due to specific site constraints or undue hardship.

      4.   Verification and Compliance:

         (a)   Plans submitted for building permits shall document conformity with this section. Final inspections shall verify compliance prior to occupancy. (Ord. 805-14, 7-1-2014; amd. Ord. 849-22, 12-6-2022; Ord. 856-26, 1-20-2026)

   (A)   Use regulations: New residential development that meet the underlying zone requirements shall incorporate the following standards into their design in order to be processed ministerially through an appropriate permit.

      1.   Building Siting, Access & Orientation: Orient building doors, windows, and entrances to relate directly to public and private streets, drives, paseos, greenways, and common open space amenities and generally create an attractive presence.

         (a)   Provide direct access from ground level residential units to streets and communal areas.

         (b)   Provide direct access from ground level commercial to the primary street frontage.

      2.   Access, Circulation & Parking:

         (a)   Maximize a feeling of openness in residential developments by orienting road access to open space areas and areas of visual interest.

         (b)   Minimize cross circulation between vehicles and pedestrians by providing a continuous, clearly marked walkway from the parking areas to main entrances of buildings. The use of enhanced paving for crosswalks and entries is encouraged (such as concrete surface treatment, brick, terra-cotta or stone pavers).

         (c)   Provide walkways and/or corridors between residences, parking areas, and all site facilities for safe access. Pedestrian walkways in parking areas should be provided, clearly identified, and made safe and attractive using hardscape design, landscaping and lighting.

         (d)   Incorporate any two (2) or more of the following design features in surface parking areas of the development:

            (1)   Carports/ Shade Structures providing a minimum of 50% shade covering for parking area. Carports and Shade Structure shall be constructed of similar or consistent material, and colors, of the primary residence(s).

            (2)   A minimum 10-foot landscape area (trees, shrubs, groundcover) at the exterior perimeter of all parking lots. The 10-foot landscape area may consist of existing and established native and naturalized vegetation and new container plant material consisting of 24-inch box trees and 1- and 5-gallon shrubs and groundcover. New planting should consist of a combination of small, medium, and large-scale trees, shrubs, and groundcover. All landscape and irrigation shall be consistent with section 6-11-41 of this title.

            (3)   One 24-inch box canopy shade tree for every 30 linear feet of parking area. Tree spacing may be varied to accommodate site conditions or design considerations; however, the total number of trees calculated for all parking areas shall be maintained.

            (4)   Decorative, but non-porous, paving and pavers are encouraged throughout the site to reduce the amount of irrigation water used due to the reduced landscaped area.

      3.   Building Scale, Massing and Articulation: Reduce the visual bulk of new development by incorporating any three (3) of the following design features:

         (a)   Frontage elements, such as bay windows, porches, projecting eaves, awnings, and similar elements, to add visual interest and reduce the scale and mass of buildings.

         (b)   Blank walls without windows, doors, or other articulation are strongly discouraged. The maximum length of any blank wall shall be limited to 15 feet.

         (c)   Accentuated building corners, with architectural treatments, such as a change in material, greater building height at the corner, rounded or chamfered building facades, pronounced building forms, enhanced window treatments or projections - such as awnings, trellises, parapets, roof overhangs, etc.

         (d)   Fenestration elements, such as recessed windows, decorative panels and trim, color accents, offsets and framed openings to reduce their visual bulk and scale.

         (e)   Patterned garage doors, painted trim, or varied garage door colors.

         (f)   A change in materials and finishes, providing at least three materials and finishes across the building façade.

         (g)   A horizontal offset in the building plane consisting of a minimum six-inch offset in the building façade for every 30 feet of building frontage.

         (h)   A ten-foot step-back of the third floor.

         (i)   Housing within new residential subdivisions shall, be situated with recognizable variations in front and side yard building setbacks.

         (j)   To reduce architectural massing at street corners and to create congruity where a two-story structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure shall be required when determined as feasible by the planning director or planning commission.

      4.   Area: The minimum size for the livable area within a new detached single-family residence in the city shall be one thousand (1,000) square feet.

      5.   Roofline Variation: Provide variation in the roof lines of new development through breaks in parapets, varied parapet heights, pitched roofs, gabled roofs, and/or mansard roofs.

         (a)   The use of roof forms, including shed, gable and hip roofs, alone or in combination, shall be used to achieve a variety of rooflines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake or shingle, or an architectural style composition shingle with dimensional variations. All other proposed roofing materials shall be subject to review and approval by the building official.

      6.   Building Materials, Finishes and Colors: Residential dwelling units, community facilities, and other structures shall provide a unified appearance through a consistent use of building materials, textures, and colors. Exterior columns or supports for site elements, such as trellises and porches, shall utilize materials and colors that are compatible with the rest of the development. The color of relief, decorative trim, and wood frames shall be compatible with the overall building color.

         (a)   Materials such as brick, stone, copper, etc. shall be left in their natural colors. Veneer shall turn corners and avoid exposed edges.

         (b)   Storefronts shall be of a non-reflective glazing.

         (c)   The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this chapter.

         (d)   The use of bright or garish colors (i.e., fluorescent “hot” or “day glow” colors) shall not be permitted.

         (e)   The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.

      7.   Design: Architectural styles and themes should be compatible with the surrounding environment. However, to assure individuality among projects, each development shall vary its architectural design to avoid monotony and create visual interest, while remaining compatible with surrounding development.

      8.   Sustainable Design Features:

         (a)   Provide an adequately sized, conveniently located, and accessible area on site for the storage and disposal of refuse and recyclables (for recycling of paper, glass, plastic, and metal waste).

         (b)   Limit the amount of nighttime light that is projected upward and beyond the site and direct light into high-traffic areas of the development. Lighting in parking areas shall be arranged to prevent direct glare into adjacent dwelling units and onto neighboring uses/ properties.

         (c)   Provide adequate, accessible, and conveniently located bicycle parking and storage and accommodate bicycle traffic within the development.

         (d)   To the extent feasible, provide roofing materials with a minimum 3-year aged solar reflection and thermal emittance or solar reflection index equal to or greater than the values specified in the voluntary measures under California Green Building Standards Code.

         (e)   Provide low flow plumbing fixtures and fittings that do not exceed the maximum flow rate specified in Table A5.303.2.3.1 (voluntary measures) of the California Green Building Standards Code and Appliances and fixtures for commercial applications that meet the provisions of Section A5.303.3 (voluntary measures) of the California Green Building Standards Code.

      9.   Landscape Elements: All subdividers/developers shall be required to provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows:

         (a)   Landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following:

            (1)   No less than one 15-gallon size tree;

            (2)   Ten percent (10%) of said yard area shall consist of a landscaped planter; and

            (3)   The remaining portion of said yard area not occupied by a driveway, shall be improved with sod, including one six-station clock timing mechanism and two (2) 1-inch valves for irrigation.

         (b)   Any proposal for an alternative landscaping plan shall be subject to review and approval by the planning director.

         Additionally, each development shall strategically locate landscape elements to define and accentuate different areas:

         Edges

            i.   Provide a unifying and three-tiered system of formal and mature trees, dense rows of shrubs and groundcover within the setback areas of development.

         Gateways

            i.   Frame the project entrances with corner markers, low garden walls, gateway signage, perennial color accent landscape, and signature trees.

            ii.   Provide enhanced paving and landscape to accentuate the entrance of the development.

         Internal Drives

            i.   Provide landscaping at internal drives with a consistent species of low-level shrubs and groundcover between bays of garage doors and on-street parking spaces, with accent landscape planted at all corners and bends.

         Paseos & Courtyards

            i.   The spaces between buildings that are not dedicated to parking and drives may be designed as landscaped paseos and courtyards, with highly connected paths and planting schemes that match the size, character and activity envisioned for the space.

            ii.   Landscape elements such as bushes, shrubs, flowers shall be maintained at a height of no more than three feet when located adjacent to pedestrian pathways and building facades so that viewpoints are not obstructed.

            iii.   Screen mechanical equipment, garages, maintenance areas, and utilities with landscape materials, such as vines, hedges, shrubs, berms, or garden walls so that these are not exposed to view from the street, major walkways, or residences within the development.

            iv.   Provide clear, legible entry signage to identify each building. Clearly indicate internal circulation signage and visitor parking areas. For sites greater than one acre in area, provide a directory and map that shows the location of buildings and amenities within the neighborhood.

      10.   Floor Plans: If custom homes are not proposed, subdevelopers of residential subdivisions shall provide a variety of floor plans and building elevations. as depicted in table 4.C of this section:

 

      11.   Elevations: Elevations, for the purpose of meeting the requirements of this section, shall mean the treatment of materials, trim, roofs or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two (2) identical elevations shall be placed side by side within a subdivision.

      12.   Agricultural Land Uses: Where portions of a proposed development share a common boundary with existing agricultural properties, the following concepts for transitions and buffers shall be incorporated into the development proposal where feasible:

         (a)   The incorporation of existing orchards, vineyards and groves into new development as landscaping, or as passive open space, is encouraged, however, the following provisions shall be met:

            (1)   All such trees located in a public right of way shall be approved for that purpose by the public works director.

            (2)   All trees within common areas shall be provided with the assurance of a continued maintenance mechanism, homeowners’ association or a special landscape district. (Ord. 849-22, 12-6-2022)

   (A)   Purpose: The purpose and intent of this section is to permit and regulate the personal use of cannabis and cannabis products in order to promote the health, safety, and general welfare of the residents within the City. Personal individual cannabis use shall comply with California Proposition 64, known as the Adult Use of Marijuana Act (AUMA), and subsequent Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) pursuant to California Health and Safety Code sections 11362.1 through 11362.45.

   (B)   Authority: Authority of approval of personal use of cannabis and cannabis products shall be vested with the Planning Director and Chief of Police.

   (C)   Application: An application for personal use of cannabis and cannabis products shall be filed with the Planning Department in a manner prescribed by the Planning Director.

   (D)   Definitions: For purposes of this section, please refer to the definitions listed in subsection 6-12-32(B) of this title.

   (E)   Personal Use of Cannabis and Cannabis Products: To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty-one (21) years of age or older from:

      1.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

      2.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, not more than eight grams (8g) of cannabis in the form of concentrated cannabis, including as contained in cannabis products;

      3.   Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code section 11362.3;

      4.   Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, and to the extent that the cultivation complies with subsection (F) of this section.

   (F)   Indoor Cannabis Cultivation: Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a residence, in strict conformance with the following standards:

      1.   Only a person who is at least twenty-one (21) years of age or older may cultivate cannabis.

      2.   Cannabis cultivation is permitted only within a fully enclosed and secure structure(s).

      3.   The fully enclosed and secure structure(s) shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot (10') setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet (6') in height. This provision does not apply to cultivation occurring in a garage.

      4.   Cannabis cultivation areas shall not be accessible to persons under twenty-one (21) years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.

      5.   Cannabis cultivation shall be limited to six (6) plants total, regardless of how many persons over the age of twenty-one (21) reside at the private residence.

      6.   Cannabis cultivation shall only take place on impervious surfaces.

      7.   The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for cannabis cultivation or processing is prohibited.

      8.   The use of cannabis extraction and concentration techniques, including but not limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.

      9.   Cannabis cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.

      10.   The private residence shall remain a residence, with legal functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The foregoing rooms and areas shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing, or any other residential purpose for which the rooms, space or area was intended.

      11.   Any structure used for cultivation of cannabis shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right-of-way. No person shall cultivate cannabis in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.

      12.   A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.

      13.   Cultivation of cannabis shall not displace required off street parking for the private residence.

      14.   All electrical equipment used in the cultivation of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.

      15.   Prior to performing any work on electrical wiring in or upon the residence, including any modifications, repair or rewiring, the property owner shall first obtain a building permit, as required, from the Building Department.

      16.   Any renter or leasee of a residence shall secure and provide to the City a notarized written authorization from the property owner to cultivate cannabis on the premises.

   (G)   Enforcement: Any personal use of cannabis and cannabis products within the City in violation of this section, including any commercial cannabis activity in residential zone districts, is hereby declared to be unlawful and a public nuisance.

      1.   Any person who willfully or knowingly: a) engages in a violation of this section or b) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this section is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this section.

      2.   Any violation of this section shall constitute a separate offense for each day the violation occurs or persists.

      3.   Any person in violation of any provision of this section or who causes another person to be in violation of this section shall have committed a misdemeanor. In addition, which shall be punishable by a fine of one thousand dollars ($1,000.00) for each violation and for each day the applicable violation continues to persist.

      4.   Any person in violation of any provision of this section shall be punishable by an administrative fine of one thousand dollars ($1,000.00) per offense. (Ord. 831-18, 3-20-2018; amd. Ord. 849-22, 12-6-2022)