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West Sacramento City Zoning Code

Division I

Introductory Provisions

§ 17.01.010 Title.

Title 17 of the West Sacramento Municipal Code shall be known and cited as the "West Sacramento Zoning Code," "Zoning Code of the City of West Sacramento," "Zoning Code," or "Code."
(Ord. 19-1 § 3)

§ 17.01.020 Authority.

The West Sacramento Zoning Code is adopted pursuant to the authority contained in Section 65850 of the California Government Code.
(Ord. 19-1 § 3)

§ 17.01.030 Purpose.

The purpose of this Code is to implement the City's General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:
A. 
Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.
B. 
Achieve the arrangement of land uses depicted in the West Sacramento General Plan, consistent with the goals and policies of the General Plan.
C. 
Enhance the appearance of the City and promote high-quality design.
D. 
Preserve and enhance the quality of life and character of residential neighborhoods.
E. 
Promote economic growth and the creation of jobs.
F. 
Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.
G. 
Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.
H. 
Define duties and powers of administrative bodies and officers responsible for implementation of the Code.
(Ord. 19-1 § 3)

§ 17.01.040 Relationship to the General Plan.

This Code implements the goals and policies of the West Sacramento General Plan by regulating the use of land and structures within the City. This Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.
(Ord. 19-1 § 3)

§ 17.01.050 Applicability.

A. 
Applicability to Property. This Code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of West Sacramento and to property for which applications for annexation and/or subdivisions have been submitted to the City of West Sacramento, including all uses, structures, and land owned by any private person, firm, corporation or organization, or State or Federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of West Sacramento.
B. 
Minimum Requirements. The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code as may be necessary to promote orderly land use development and the purposes of this Code.
C. 
Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.
D. 
Conflicting Regulations. The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the West Sacramento City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.
E. 
Private Agreements. This Code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Code imposes greater restriction than imposed by an easement, covenant, or agreement, this Code shall control. The City of West Sacramento shall not be responsible for monitoring or enforcing private agreements.
F. 
Prior Ordinance. The provisions of this Code supersede all prior ordinances codified in Title 17 of the West Sacramento Municipal Code and any amendments. No provisions of this Code shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Code, unless such validation is specifically authorized by this Code and is in conformance with all other regulations.
G. 
Effect on Previously Approved Projects and Projects in Progress.
1. 
Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Planning Division.
2. 
Previously Approved Land Use Authorization. This Zoning Code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.
3. 
Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Planning Division as complete for processing prior to the adoption of this Code or any applicable amendment shall be processed according to the requirements of this Zoning Code or the prior Code upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Code and at least one action must be taken by the review authority within 210 days of the effective date of the ordinance codified in this Code.
H. 
Application During Local Emergency. The City Council may authorize a deviation from a provision of this Code during a local emergency declared and ratified under the West Sacramento Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.
(Ord. 19-1 § 3; Ord. 22-21 § 2)

§ 17.01.060 Responsibility for Administration.

The Zoning Code shall be administered by the West Sacramento City Council, Planning Commission, and Community Development Department as established in Chapter 17.34, Planning Authorities.
(Ord. 19-1 § 3)

§ 17.01.070 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The West Sacramento City Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Ord. 19-1 § 3)

§ 17.01.080 Fees.

The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.
(Ord. 19-1 § 3)

§ 17.02.010 Purpose.

The purpose of this chapter is to provide precision in the interpretation of the Zoning Code. The meaning and construction of words and phrases defined in this chapter apply throughout the Code, except where the context indicates a different meaning.
(Ord. 19-1 § 3)

§ 17.02.020 Rules of Interpretation.

In interpreting the various provisions of the Code, the following rules of interpretation shall apply:
A. 
General Rules. The following general rules apply to the interpretation and application of the Zoning Code.
1. 
The specific controls the general.
2. 
In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.
3. 
Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
4. 
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. 
"And" indicates that all connected words or provisions shall apply.
b. 
"And/or" indicates that the connected words or provisions may apply singularly or in any combination.
c. 
"Or" indicates that the connected words or provisions may apply singularly or in any combination.
d. 
"Either… or" indicates that the connected words or provisions shall apply singularly but not in combination.
5. 
The words "shall," "will," "must," and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.
6. 
The present tense includes the past and future tenses, and the future tense includes the past.
7. 
The singular number includes the plural, and the plural, the singular.
8. 
All references to departments, committees, commissions, boards, or other public agencies are to those of the City of West Sacramento, unless otherwise indicated.
9. 
All references to public officials are to those of the City of West Sacramento, and include designated deputies of such officials, unless otherwise indicated.
B. 
Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period (5:00 p.m.).
C. 
Definitions. The Director shall make the interpretation for any definition not expressly identified in this Code.
D. 
Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:
1. 
Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.
2. 
Boundaries indicated as approximately following lot lines, City limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.
(Ord. 19-1 § 3)

§ 17.02.030 Rules of Measurement.

For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director.
A. 
Fractions. Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
1. 
General Rounding. Fractions exceeding one-half or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
2. 
Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, and Chapter 17.23, Affordable Housing, Density Bonuses, and Incentives, any fractional number of units shall be rounded up to the next whole number.
B. 
Measuring Distances.
1. 
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
2. 
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
3. 
Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
4. 
Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
5. 
Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
FIGURE 17.02.030.B: MEASURING DISTANCES
C. 
Measuring Height.
1. 
Measuring Building Height. Building height is measured from the average level of the highest and lowest points where the vertical plane of the exterior walls touch existing or finished grade, whichever is lower, to the highest point on the roof.
FIGURE 17.02.030.C.1: MEASURING BUILDING HEIGHT
2. 
Measuring the Number of Stories. In measuring the number of stories in a building, the following rules shall apply:
a. 
An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.
b. 
A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.
c. 
A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.
FIGURE 17.02.030.C.2: MEASURING THE NUMBER OF STORIES
3. 
Measuring Height of Fences or Walls. The height of a fence or wall is measured as the vertical distance from the average of the ground levels immediately adjacent to both sides of the fence or wall to the height of such fence or wall.
FIGURE 17.02.030.C.3: MEASURING HEIGHT OF FENCES OR WALLS
4. 
Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
FIGURE 17.02.030.C.4: MEASURING HEIGHT OF DECKS
D. 
Measuring Lot Width and Depth.
1. 
Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
2. 
Lot Depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
FIGURE 17.02.030.D: MEASURING LOT WIDTH AND DEPTH
E. 
Determining Average Slope. The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:
1. 
S = Average slope (in percent)
2. 
I = Contour interval (in feet)
3. 
L = Total length of all contour lines on the parcel (in feet)
4. 
A = Area of subject parcel (in square feet)
F. 
Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.
1. 
Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
2. 
Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space such as balconies and outdoor terraces; rooms submerged more than 50% below the finished grade of the property; and areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finished grade of the property.
3. 
Non-Residential Uses. For non-residential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Non-residential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the public but are not designed or used as sales, display, storage, service, or production areas.
FIGURE 17.02.030.F: DETERMINING FLOOR AREA
G. 
Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.
FIGURE 17.02.030.G: DETERMINING FLOOR AREA RATIO
H. 
Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. The following structures shall be excluded from the calculation:
1. 
Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than four feet in height;
2. 
Eaves and roof overhangs projecting up to three feet from a wall;
3. 
Trellises and similar structures that have roofs that are at least 50% open to the sky through uniformly distributed openings;
4. 
Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
FIGURE 17.02.030.H: DETERMINING LOT COVERAGE
I. 
Determining Lot Frontage.
1. 
Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.
2. 
Through Lot. The front of a through lot abuts the street that neighboring lots use to provide primary access.
J. 
Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. Required setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to Section 17.22.050, Encroachments into Required Setbacks, subject to compliance with the Building Code. The following special regulations for determining yards apply when a lot abuts a proposed street or alley.
1. 
Yards Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the future right-of-way rather than the property line.
2. 
Yards on Alleys.
a. 
If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.
b. 
In calculating the minimum yard for any lot with an interior side yard abutting an alley, no part of the width of the alley may be considered as part of the required yard.
FIGURE 17.02.030.J: DETERMINING SETBACKS (YARDS)
K. 
Measuring Signs. The calculations of measurements related to signs are described in Chapter 17.29, Signs.
(Ord. 19-1 § 3)

§ 17.03.010 Zones Established.

The City shall be classified into zones, the designation and regulation of which are set forth in this Code and as follows.
A. 
Base Zones. The City is divided into base zones which are established as shown in Table 17.03.010, Base Zones, Specific Plan Zones, and Overlay Zones.
B. 
Specific Plan Zones. Specific plan zones are established as shown in Table 17.03.010, Base Zones, Specific Plan Zones, and Overlay Zones.
C. 
Overlay Zones. Overlay zones, one or more of which may be combined with a base zone, are established as shown in Table 17.03.010, Base Zones, Specific Plan Zones, and Overlay Zones.
TABLE 17.03.010: BASE ZONES, SPECIFIC PLAN ZONES, AND OVERLAY ZONES
Zone Symbol
Zone Name
General Plan Land Use Designation Implemented by Zone
BASE ZONES
Agricultural Zone
AG
Agricultural
Agricultural
Residential Zones
RE
Residential Rural Estates
Rural Estates
RRA
Residential-Rural Agricultural
Rural Residential
R-1
Residential One Family
Low-Density Residential
R-2
Residential-Medium Density
Medium-Density Residential
R-2.5
Residential-Medium High Density
Medium High-Density Residential
R-3
Residential-Multifamily
High Density Residential
Commercial and Mixed Use Zones
CBD
Central Business District
Central Business District
C
Commercial
Commercial
CH
Commercial-Highway
Highway Service Commercial
MU-NC
Mixed Use Neighborhood Commercial
Neighborhood Commercial Mixed Use
MU-C
Mixed Use Corridor
Corridor Mixed Use
WF
Waterfront
Riverfront Mixed Use
Employment Zones
M-L
Limited Industrial
Mixed Commercial/Industrial
M-1
Light Industrial
Light Industrial
M-2
Heavy Industrial
Heavy Industrial
M-3
Water-Related Industrial
Water-Related Industrial
BP
Business Park
Business Park
Public and Semi-Public Zones
PQP
Public/Quasi Public
Public/Quasi-Public
RP
Recreation and Parks
Recreation and Parks
POS
Public Open Space
Open Space
SPECIFIC PLAN ZONES
N/A
Bridge District Specific Plan
N/A
N/A
Washington Specific Plan
N/A
N/A
Liberty Specific Plan
N/A
OVERLAY ZONES
GG
Grand Gateway Overlay
N/A
SFP
Southport Framework Plan Overlay
N/A
PD
Planned Development Overlay
N/A
SC
Streetcar Overlay
N/A
(Ord. 19-1 § 3)

§ 17.03.020 Official Zoning Map and Zone Boundaries.

The boundaries of the zones established by this Code are not included in this Code but are shown on the Official Zoning Map maintained by the City Clerk. The Official Zoning Map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.
(Ord. 19-1 § 3)