Chapter 18.42
Standards for Specific Land Uses

Sections:

18.42.010    Purpose and Applicability

18.42.020    Accessory Retail and Service Uses

18.42.030    Agricultural Accessory Structures

18.42.040    Animal Keeping

18.42.050    Bed and Breakfast Inns (B&Bs)

18.42.055    Cannabis Manufacturing

18.42.060    Child Day Care Facilities

18.42.070    Drive-Through Facilities

18.42.080    Home Occupations

18.42.090    Live/Work Units

18.42.095    Medical Marijuana Dispensaries

18.42.100    Mixed Use Projects

18.42.110    Mobile/Manufactured Homes and Mobile Home Parks

18.42.120    Multifamily Projects

18.42.130    Outdoor Displays and Sales

18.42.140    Outdoor Storage

18.42.145    Pipelines and Transmission Lines

18.42.150    Recycling Facilities

18.42.160    Residential Accessory Uses and Structures

18.42.165    Restaurants

18.42.170    Second Units - Accessory Dwelling Unit (ADU)

18.42.180    Service Stations

18.42.190    Vacation Rental Units

18.42.010 - Purpose and Applicability

A.    Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to ensure their compatibility with site features, and existing uses and structures in the site vicinity.

B.    Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1.    Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

2.    Planning Permit requirements. The uses that are subject to the standards in this Chapter are allowed only when authorized by the Planning Permit required by Article 2, except where a Planning Permit requirement is established by this Chapter for a specific use.

3.    Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Site Planning and Project Design Standards), 5 (Resource Protection), and Article 6 (Site Development Regulations).

a.    The applicability of the standards in this Chapter to the specific land uses listed is determined by Chapter 18.20 (Development and Land Use Approval Requirements).

b.    In the event of any conflict between the requirements of this Chapter and those of Article 2 or 3, the requirements of this Chapter shall control.

(Ord. 930, § 2, passed 06-12-2017)

18.42.020 - Accessory Retail and Service Uses

This Section provides standards for specific retail sales and service uses, including restaurants, pharmacies, and the sale of retail merchandise, that are accessory to a primary commercial, industrial, or institutional use, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A.    General standard. External evidence of any accessory retail or service use shall be subordinate to the primary use of the site (e.g., signs, windows with merchandise visible from adjoining streets, etc., shall be limited and subordinate). Additionally access to any space used for the accessory retail or service shall be accessed through the primary use entrance.

B.    IL (Light Industrial) zoning district. Accessory retail service uses within the IL zoning district shall be limited to businesses that the review authority determines will manufacture, refine, repair, finish, or store their products or services on site, will provide adequate parking and street access, and will not generate significant customer traffic.

C.    Review and approval requirements. Accessory retail and service uses may require Design Review in compliance with § 18.71.050. Accessory retail and service uses require a Minor Use Permit in compliance with Table 2-10 in § 18.24.030. In order to approve an accessory retail or service use, the review authority shall first find that there will be no adverse effects on adjacent existing or potential residential uses from excessive traffic, noise or other effects of the accessory use.

(Ord. 930, § 2, passed 06-12-2017)

18.42.030 - Agricultural Accessory Structures

The following standards apply to agricultural accessory structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses):

A.    Timing of installation. An agricultural accessory structure shall only be constructed concurrent with or after the construction of an approved primary structure on the same site, unless:

1.    The site is 1 acre or larger, and the proposed structure is a barn, or other structure used for confining animals and/or housing farm equipment or supplies, or is a noncommercial greenhouse; or

2.    Construction in advance of a primary structure is authorized through Minor Use Permit approval.

B.    Setback requirements. An agricultural accessory structure shall comply with the setback requirements of the applicable zoning district, except where § 18.42.040 (Animal Keeping) establishes a greater setback requirement for an animal keeping structure.

(Ord. 930, § 2, passed 06-12-2017)

18.42.040 - Animal Keeping

Animal keeping within the City shall comply with requirements of this Section, and shall occur only where allowed by Article 2 (Zoning Districts and Allowable Land Uses) and this Section. The provisions of this Section are intended to assist in ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

A.    Pre-existing uses. Any legally established animal keeping use that became nonconforming upon adoption of this Section shall be permitted to continue subject to Chapter 18.90 (Nonconforming Uses, Structures, and Parcels).

B.    Allowable animal keeping activities and permit requirements.

1.    Activities and permit requirements. Animal keeping, including related animal husbandry activities (breeding, judging, etc.), is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in Subsection (C) of this Section. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, and the Mendocino County Agricultural Commissioner, in addition to any City approval required by this Section.

Table 4-1 - ALLOWABLE ANIMAL KEEPING AND PERMIT REQUIREMENTS

Type of Animal

Permit Requirement by Zoning District

RR & RS

RL & RM

RH, RVH

 

Beekeeping

P

P*

MUP

Fowl, poultry, aviary (except roosters)

P

P

MUP

Hogs and swine

P

-

-

Two or fewer horses and cows

MUP

-

-

Household pets

P

P

P

Roosters

MUP

-

-

Other large animals (defined in Table 4-2)

P

MUP

-

Other small animals (defined in Table 4-2)

P

P

P

Key to permit requirements:

P

Permitted animal keeping, no City approval required for the animal keeping activity; provided, that it complies with the standards in Subsections (C) through (F) of this Section.

P*

Beekeeping, as a permitted use, is limited to 1 hive per parcel. A Use Permit is required for more than 1 hive per parcel in residential and commercial zoning districts.

MUP

Minor Use Permit approval required in compliance with § 18.71.060.

-

Type of animal or activity not allowed.

2.    Minor Use Permit review. Where Table 4-1 requires a Minor Use Permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit in compliance with this Section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

C.    Animal keeping standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by Subsection (B) of this Section, Table 4-1, except that more animals may be allowed by Minor Use Permit.

Table 4-2 - ANIMAL KEEPING STANDARDS

Type of Animal or Facility

Maximum Number

of Animals per Site (1)

Minimum

Lot Area (2)

Minimum Setbacks (3)

From Side/Rear Property Lines

From Streets and Dwellings

 

Dogs and cats

5 animals total on a site less than 1 acre;

5 of each species on a site of 1 acre or more

None required

None required

None required

Fowl, poultry, aviary

6 for parcels less than 10,000 SF;

12 per acre for larger parcels

6,000 SF

10 ft

25 ft

Hogs and swine

1 per acre

2 acres

50 ft

100 ft

Horses and cows

2 per acre

1 acre

25 ft

25 ft

Other small animals - Including chinchillas, rabbits, nonpoisonous reptiles, rodents, and other nonpoisonous small animals.

6 animals total on a site less than 10,000 SF;

20 animals per acre for larger sites, where allowed by Table 4-1.

None

10 ft

25 ft

Other large animals - Emus, goats, llamas, miniature horses and donkeys, ostriches, pot belly pigs, sheep, and similar sized animals.

4 per acre

1 acre

25 ft

25 ft

Notes:

(1)    Offspring allowed in addition to maximum number until market-ready.

(2)    Minimum lot area required for the keeping of animals.

(3)    Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front yard setback except in pasture areas.

D.    Maintenance and operational standards. All animal keeping shall comply with all of the following maintenance and operational standards:

1.    Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate. Each site shall be maintained in a neat and sanitary manner.

2.    Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free off the parcel or in a public right-of-way.

3.    Waterway protection. The keeping of horses, cattle, hogs or other large animals within 50 feet of any waterway shall first require Director approval of a good housekeeping plan to protect the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the Director.

4.    Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5.    Noise control. Animal keeping shall comply with Chapter 9.44.

E.    Animal husbandry project exception. The keeping or raising of a calf, horse, goat, sheep, hog, chickens, rabbits, birds or other animals (excluding roosters) as a 4-H or Future Farmers of America (FFA) project shall comply with the following requirements:

1.    Minimum site area. A minimum of 1 acre of site area shall be required for the keeping of horses, cows, or other large animals.

2.    Setback requirements. The project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any dwelling other than on the project site; except that a hog or swine shall not be located closer than 100 feet from any dwelling other than on the project site.

3.    Maximum number of animals. The number of animals shall comply with the limitations in Subsection (C) of this Section.

4.    Maintenance. The animal keeping shall comply with all standards in Subsection (D) of this Section.

F.    Kennels and animal boarding. Each kennel and other small animal boarding facility shall comply with the following standards:

1.    Minimum site area. An animal boarding facility may be approved only on a parcel of 2 acres or larger.

2.    Enclosure within building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

3.    Noise control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

4.    Management. A manager of the facility shall be present on the site at all times.

(Ord. 930, § 2, passed 06-12-2017)

18.42.050 - Bed and Breakfast Inns (B&Bs)

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs), where allowed by Article 2 (Zoning Districts and Allowable Land Uses). The intent of these provisions is to ensure the compatibility between the B&B and nearby residential uses.

A.    Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Additional services and special events may be allowed only as specifically provided by the Use Permit approval for the facility, where the review authority determines that the type and frequency of the approved services and events will not adversely affect the residential character of the neighborhood, or allow for a use more intensive than typically associated with a B&B within the City.

B.    Off-street parking. Off-street parking shall be provided at a ratio of 1 space for each guest room, plus 2 spaces for the on-site owner/manager of the B&B. Parking shall not be located in the required front and side setbacks; and any night lighting for the parking area shall be limited to the minimum number of fixtures and illumination levels necessary for safety, and shall comply with § 18.30.070 (Outdoor Lighting).

C.    Signs. See Chapter 18.38.

(Ord. 930, § 2, passed 06-12-2017)

18.42.055 - Cannabis Manufacturing1

This Section establishes standards for cannabis manufacturing, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). These standards apply in addition to other provisions of the Municipal Code, including but not limited to Chapter 9.33 (Cannabis Manufacturing).

A.    Limitation on location. The design, location, size and operating characteristics of the cannabis manufacturing use shall be compatible with the existing and future land uses in the vicinity, and, specifically, with any church, park, hospital, nonprofit organization or residential use within 200 feet of the cannabis manufacturing use. Further, the cannabis manufacturing use shall not be located within 600 feet of any school, day care center, or youth center.

B.    Operating standards. Cannabis manufacturing uses shall comply with all of the following operating standards:

1.    Limitations on use. A cannabis manufacturing use shall comply with the following limitations:

a.    Cannabis manufacturing uses shall not conduct or engage in the retail sale of any product, goods or service. Only wholesale activities are permitted.

b.    Accessory retail and/or distribution uses other than wholesale sales shall not be permitted in conjunction with the cannabis manufacturing use.

c.    No cannabis shall be grown or cultivated on the property of the cannabis manufacturing use.

d.    No cannabis or cannabis product shall be smoked, ingested, or otherwise consumed on the property.

2.    Notice to entrants. A cannabis manufacturing use building entrance shall be clearly and legibly posted with a notice indicating that persons under the age of 21 are precluded from entering the premises unless they are in the presence of their parent or legal guardian. The building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming cannabis on the property is prohibited.

3.    Security. A cannabis manufacturing use shall provide adequate security on the premises, including lighting and alarms, for the safety of employees and visitors and to minimize the potential for criminal activity, including theft and unauthorized entry.

4.    Employee register. A cannabis manufacturing use shall maintain a current register of the names of all employees currently employed by the use, and shall provide the Chief of Police with the name, phone number, and email of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the cannabis manufacturing use. The register and contact information shall be current and up-to-date at all times.

5.    Off-site effects. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

6.    State law. A cannabis manufacturing use shall meet all State law requirements for cannabis manufacturing, including all State law operating criteria.

7.    Compliance with the cannabis manufacturing ordinance. As a condition of approval, the applicant shall comply with all the requirements of the Municipal Code, including but not limited to Chapter 9.33 (Cannabis Manufacturing). Such compliance will be confirmed in writing by the Police Chief prior to issuance of a business license for the facility.

C.    Required findings. In order to approve a Use Permit for a cannabis manufacturing use, the Planning Commission must make the following findings:

1.    The cannabis manufacturing use is compatible with the existing and future land uses in the vicinity, and, specifically, with any church, park, hospital, nonprofit organization or residential use within 200 feet of the cannabis manufacturing use; and

2.    The cannabis manufacturing use will not be located within 600 feet of any school, day care center, or youth center.

(Ord. 928, § 2, passed 02-27-2017)

18.42.060 - Child Day Care Facilities

A.    Applicability. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses) child day care facilities shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities.

B.    Definitions. Definitions of the child day care facilities regulated by this Section are in Article 10 (Definitions) under “Day Care.”

C.    Standards for large family day care homes. As required by State law, a Minor Use Permit for a large family day care home shall be approved if it complies with the following standards:

1.    Location requirements. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within 200 feet of an existing large family day care home or child day care center. In no case shall a residential property be directly abutted by a large family day care center on 2 or more sides.

2.    Parking, drop-off area.

a.    At least 2 off-street parking spaces shall be provided exclusively for dropping off and picking up children. The driveway may be used to provide the off-street parking required by § 18.36.040 (Number of Parking Spaces Required) for a single-family dwelling, if the parking will not obstruct any required drop-off and pick-up areas nor block any sidewalks or other public access. Alternative parking and drop-off arrangements may be required by the review authority based on traffic and pedestrian safety considerations.

b.    A home located on a street with a speed limit of 30 miles per hour or greater shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3.    Outdoor activity areas.

a.    Any side or rear setback areas intended for day care use shall be enclosed with a fence or wall to separate the children from neighboring properties.

b.    Outdoor recreation equipment over 8 feet in height shall not be located within a required side setback, and shall be set back a minimum of 5 feet from a rear property line.

4.    Noise. Noise generated from the large family day care home shall not exceed the standards in Chapter 9.44.

5.    Additional standards. Each large family day care home shall comply with applicable building and fire codes, and standards adopted by the State and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2).

D.    Standards for child day care centers.

1.    Fencing. Design Review shall be required for any proposed fencing.

2.    Parking and loading.

a.    Off-street parking shall be provided as required through the Minor Use Permit process, but shall be a minimum of 1 space per employee on the largest shift, plus 1 space for each 10 children authorized by the State license. An exception to these off-street parking requirements may be granted if the facility complies with the following criteria:

i)    The exception shall be granted only for uses in an existing building, and shall not be granted for any expansion of gross floor area or new construction;

ii)    Off-street parking shall be provided on the site in the maximum amount feasible;

iii)    The exception shall only be granted in a situation where the City Engineer has determined that the exception will not result in potentially unsafe conditions for vehicles or pedestrians;

iv)    Each Minor Use Permit that grants an off-street parking exception shall be reviewed annually, and if it is found that the use of on-street parking spaces by the facility is creating a nuisance, the City may initiate proceedings to revoke the Minor Use Permit.

b.    Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.

3.    Noise. Potential noise sources shall be identified during the Minor Use Permit process, and noise attenuation and sound dampening shall be addressed.

(Ord. 930, § 2, passed 06-12-2017)

18.42.070 - Drive-Through Facilities

This Section establishes standards for the development and operation of drive-through facilities for very limited types of retail or service activities (e.g., ATMs, banks, or pharmacies) where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A.    General standards.

1.    Design objectives. Drive-through facilities shall only be permitted if the design and operation avoid congestion, excessive pavement, litter, and noise.

2.    Limitation on location. A drive-through facility shall only be located to the rear of a building. A drive-through facility shall be located within the CBD zone only if the review authority determines that the facility is ancillary to a use that is primarily pedestrian-oriented.

B.    On-site circulation standards. A drive-through facility shall be provided internal circulation and traffic control as follows:

1.    Aisle design.

a.    The entrance/exit of any drive aisle shall be a minimum of 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel.

b.    Drive aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width.

2.    Stacking area. A clearly identified area shall be provided for vehicles waiting for drive-up or drive-through service that is physically separated from other on-site traffic circulation.

a.    The stacking area shall accommodate a minimum of 3 cars for each drive-up or drive-through window in addition to the vehicle receiving service.

b.    The stacking area shall be located at and before the service window (e.g., pharmacy, teller, etc.).

c.    Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least 1 side of the lane.

d.    Stacking areas adjacent and parallel to streets or public rights-of-way shall be prohibited.

3.    Walkways. An on-site pedestrian walkway shall not intersect a drive-through aisle.

4.    Exceptions. The review authority may approve alternatives to the requirements of Subsections (B)(1) through (3) of this Section where it first finds that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

C.    Signs. Each entrance to, and exit from, a drive-through aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs. Signage shall also be provided to indicate whether the drive-through facility is open or closed.

(Ord. 930, § 2, passed 06-12-2017)

18.42.080 - Home Occupations

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). For home occupations located in single-family residences within commercial zoning districts, the Director may waive or modify the standards below to allow: (A) uses that are permitted by right within the commercial zoning district as a home occupation; and (B) home occupation operating standards in Subsections (C) and (D) of this Section.

A.    Business License required. A home occupation shall require a City Business License.

B.    Limitations on use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1.    Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section:

a.    Art and craft work (ceramics, painting, photography, sculpture, etc.);

b.    Tailors, sewing, etc.; and

c.    Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

2.    Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a.    Adult entertainment activities/businesses;

b.    Animal hospitals and boarding facilities;

c.    Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d.    Contractor’s and other storage yards;

e.    Dismantling, junk, or scrap yards;

f.    Fitness/health facilities (except that one-on-one personal trainers may be allowed);

g.    Medical clinics, laboratories, or doctor’s offices;

h.    Personal services as defined in Article 10 (Definitions), except that licensed massage therapy and physical therapy may be allowed as home occupations in compliance with this Section;

i.    On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;

j.    Uses which require explosives or highly combustible or toxic materials;

k.    Welding and machine shop operations;

l.    Wood cutting businesses; or

m.    Other uses the Director determines to be similar to those listed above.

C.    Operating standards. Home occupations shall comply with all of the following operating standards:

1.    Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2.    Location of home occupation activities.

a.    RR zoning district. Allowed home occupation activities may be conducted within an approved accessory structure in the RR zoning district; provided, that 2 covered parking spaces are continually maintained.

b.    Other zones. All home occupation activities shall be confined completely to 1 room within the primary dwelling, which shall not occupy more than 25% of the gross floor area of the ground floor. Garages or other enclosed accessory structures may be used for home occupation purposes only if required off-street parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only within the rear 1/3 of the site.

3.    Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4.    Signs. There shall be no advertising signs, other than 1 name plate, not exceeding 1 square foot in area, and only if attached flush to a wall of the structure.

5.    Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6.    Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7.    Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8.    Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9.    Client/customer visits. The home occupation shall be operated so as to not require more than 8 vehicle trips per day of clients, customers, visitors, and/or service visits to the residence. On-site presence of clients or customers shall be limited to 1 client or family at a time, and only between the hours of 9:00 a.m. and 8:00 p.m.

10.    Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles, and/or 1 pickup truck, van, or similar vehicle not exceeding 1.5-ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS type home deliveries/pick-ups. The Commission may authorize other types and/or additional vehicles with Use Permit approval.

11.    Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

D.    Home working operations. Small-scale commercial wood and metal working may be authorized by Minor Use Permit as a home occupation; provided, that the review authority may require conditions of approval limiting hours of operation, noise levels, and/or any other aspect of the operation, to ensure compatibility with on-site and adjacent residential uses.

(Ord. 930, § 2, passed 06-12-2017)

18.42.090 - Live/Work Units

A.    Purpose. This Section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A live/work unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this Section do not apply to mixed use projects, which are instead subject to § 18.42.100 (Mixed Use Projects).

B.    Application requirements. In addition to the information and materials required for a Use Permit application by this Development Code, the review authority may require a Use Permit application for a live/work unit to include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to the Department in order to determine if remediation may be required.

C.    Limitations on use. The nonresidential component of a live/work project shall only be a use allowed within the applicable zoning district. A live/work unit shall not be established or used in conjunction with any of the following activities:

1.    Adult businesses;

2.    Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc.);

3.    Any other activity or use as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential of exposure to dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes within the residential (living) portion of the live/work unit.

D.    Residential density. Live/work units shall not exceed a maximum density of 15 units per acre.

E.    Occupancy requirement. The residential space within a live/work unit shall be occupied by at least 1 individual employed in the business conducted within the live/work unit.

F.    Design standards.

1.    Floor area requirements. No more than 40% of the floor area shall be reserved for living space as defined under “Live/Work Unit” in Article 10 (Definitions). All remaining floor area shall be reserved and regularly used for working space.

2.    Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

3.    Facilities for commercial or industrial activities, location. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

4.    Integration of living and working space. The living and work space of the live/work unit shall be combined within 1 integrated structure. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the building code.

5.    Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

G.    Operating requirements.

1.    Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2.    Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

3.    On-premises sales. On-premises sales of goods are limited to those produced within the live/work unit, provided the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4.    Nonresident employees. Up to 2 persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Use Permit. The employment of 3 or more persons who do not reside in the live/work unit may be allowed, subject to Use Permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) requirements.

5.    Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.

H.    Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Use Permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where 2 or more residential units already exist, or where the conversion would produce more than 2 attached residential units.

I.    Required findings. The approval of a Use Permit for a live/work unit shall require that the review authority first make all of the following findings, in addition to those findings required for Use Permit approval by § 18.71.060 (Use Permit and Minor Use Permit):

1.    The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with Subsection (C) of this Section (Limitations on use);

2.    The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

3.    The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4.    Any changes proposed to the exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.

(Ord. 930, § 2, passed 06-12-2017)

18.42.095 - Medical Marijuana Dispensaries

Medical marijuana dispensaries, as defined in § 18.100.020, shall be allowed per the requirements of Chapter 9.30.

(Ord. 930, § 2, passed 06-12-2017)

18.42.100 - Mixed Use Projects

This Section provides standards for the design of mixed use projects, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use). Residential units may be also allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this Section.

A.    Design considerations. A mixed use project shall be designed to achieve the following objectives:

1.    The design shall provide for internal compatibility between the residential and nonresidential uses on the site.

2.    Potential glare, noise, odors, traffic, and other potential nuisance conditions for residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3.    The design shall take into consideration existing and potential future uses on adjacent properties and shall include specific design features to minimize potential impacts.

4.    The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.

5.    Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, walkways, and street furniture.

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

B.    Mix of uses. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district where allowed by Article 2 (Zoning Districts and Allowable Land Uses); provided, that where a mixed use project is proposed with a use that is required to have Minor Use Permit or Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement.

C.    Maximum density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation and zoning district.

D.    Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district and the following requirements:

1.    Location of units. Residential units shall not occupy ground floor street frontage on the primary street frontage. Residential units are allowed on the first floor of alleys and secondary street frontages. The ground floor street frontage space within a mixed use building shall be reserved for commercial uses, except for a lobby or other feature providing access to the residential units.

2.    Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with § 18.36.080 (Reduction of Parking Requirements).

3.    Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

4.    Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

E.    Performance standards.

1.    Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2.    Noise. Each residential unit shall be designed and constructed to minimize nonresidential project noise levels, in compliance with the City’s Noise Ordinance. Night-time commercial uses shall minimize noise levels, in compliance with the City’s Noise Ordinance.

(Ord. 930, § 2, passed 06-12-2017)

18.42.110 - Mobile/Manufactured Homes and Mobile Home Parks

This Section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks, and for mobile home parks, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A.    Mobile home outside of a mobile home park.

1.    Site requirements. The site, and the placement of the mobile home on the site, shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

2.    Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards:

a.    The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

b.    The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 3:12.

c.    The mobile home shall be placed on a foundation system, subject to the approval of the Building Official.

d.    The mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.

B.    Mobile home park standards. The site for the mobile home park shall comply with the following requirements:

1.    Planning and design objectives. The City intends that each mobile home park be designed and landscaped to be compatible with adjacent residential and other uses. These standards are intended to provide a means of achieving an environment of stable, desirable character not out of harmony with the surrounding area.

2.    Permit requirements. A mobile home park shall require Design Review in compliance with § 18.71.050, in addition to the Use Permit approval required by § 18.21.030 (Residential Zoning District Allowable Land Uses and Permit Requirements).

3.    Allowable uses. Use Permit approval for a mobile home park may authorize the following uses in addition to individual mobile homes:

a.    Accessory uses, limited to awnings, portable, demountable or permanent carports, fences or windbreakers, garages, porches, and storage cabinets.

b.    A golf course, lake, park, playground, riding and hiking trails, equestrian facilities, other similar recreational structures and facilities, clubhouses, community centers, laundries, and similar uses; provided, that all of these are not allowed on the individual mobile home lots within the mobile home park.

c.    Public utility and public service uses and structures.

4.    Standards. This Section identifies standards for mobile home park development, recognizing the dual need for moderately priced housing, and standards that will adequately protect residents of the parks and the City as a whole.

a.    Phased development. Development may be in phases, so long as each phase complies with the minimum standards of this Section, and no mobile home is occupied in any phase until at least 10 mobile home lots are developed and improved on a minimum of 2 acres, and authorized by a permit for occupancy in compliance with Health and Safety Code Section 18505.

b.    Density. The Commission shall determine the allowable density for each mobile home park, based on the following criteria:

i)    The provision of the space necessary for compliance with this Section;

ii)    Individual mobile home lots shall be a minimum of 2,400 square feet; and

iii)    In no case shall the density of a mobile home park exceed the maximum density of the General Plan and zoning district designation for the subject site.

c.    Building lines. Each structure and mobile home shall have a minimum setback of 15 feet from all exterior property lines; and a minimum setback of 20 feet from the right-of-way of any street adjoining the mobile home park. The resulting setback area shall be landscaped and continually maintained, in compliance with Chapter 18.34 (Landscaping Standards).

d.    Parking. Parking shall be provided in compliance with Chapter 18.36 (Parking and Loading).

e.    Utilities. All utility distribution facilities (including cable television, communication and electric lines and boxes) within a mobile home park shall be placed underground. The developer is responsible for complying with the requirements of this Subsection, and shall make the necessary arrangements with the utility companies for the installation of the required facilities.

f.    Tenant storage. A minimum of 1 75-cubic-foot storage cabinet shall be provided on each mobile home site. Adequate solid waste and recyclable materials storage enclosures shall be provided in compliance with § 18.30.110.

g.    Accessory uses. Accessory uses are those that are incidental to the planned residential use, exist for the sole purpose of service to the residents, are customarily found in multifamily developments, and do not alter the character of the residential use.

i)    Any structure used for an accessory use shall meet all requirements for a primary structure.

ii)    Allowable accessory uses include a management facility, laundry facility, swimming facilities, recreation room, recreational vehicle storage areas, vending machines, and other uses that, in the opinion of the Commission, are of a similar nature.

iii)    A mobile home park may contain accessory retail and service uses for park residents as authorized by Use Permit approval, and in compliance with § 18.42.020 (Accessory Retail and Service Uses).

h.    Travel trailers. An occupied travel trailer, camper, motor coach, motor home, trailer coach, or any similar vehicle not certified under the National Mobile Home Construction Safety Standards Act of 1974 (42 USC Section 4401 et seq.) shall not be allowed within a mobile home park. Unoccupied trailers and other recreational vehicles may be stored in an approved on-site storage area where authorized by Use Permit.

i.    Fencing. A solid masonry wall, fence, or other decorative landscape screening of the maximum height allowed by this Development Code shall be installed as required by the review authority as part of the Use Permit approval for the mobile home park.

j.    Landscaping. Landscaping shall be provided in compliance with Chapter 18.34 (Landscaping Standards).

k.    Signs. A mobile home park may be allowed 1 externally illuminated identification sign not exceeding 6 feet in height or 24 square feet in area. The sign shall be integrated into the mobile home park landscaping, at a location specified in the Use Permit approval.

l.    Skirting. Skirting shall be provided along all sides of each mobile home.

m.    Internal streets. Internal street design shall comply with City street standards except where superseded by a standard required by State law.

(Ord. 930, § 2, passed 06-12-2017)

18.42.120 - Multifamily Projects

New or remodeled multifamily projects shall comply with the standards of this Section, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). For the purposes of this Section, the term “remodeled” means the reconstruction or remodeling of at least 50% of the gross floor area of the original structure.

A.    Accessory structures. Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.

B.    Building facades adjacent to streets. A multifamily project of 3 or more dwelling units shall be designed so that at least 75% of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least 1 pedestrian entry into the structure.

C.    Front setback pavement. No more than 40% of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

D.    Parking location. Off-street parking for a multifamily structure of 3 or more units shall be located so that it is not visible from the street fronting the parcel.

1.    Front setback. A garage shall be set back from the front property line at least 10 feet further than the facade of the dwelling, to reduce visual impact from the street.

2.    Side setback. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a garage may be built to the side property line on that side, but shall be located at least 8 feet from the other side property line. Otherwise, a garage shall be set back a minimum of 5 feet from each side property line.

3.    Rear setback. A garage shall be set back a minimum of 5 feet from a rear property line.

4.    Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet. Tandem parking is allowed.

E.    Open space. Each multifamily residential project shall include permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a mixed use project and/or located in a commercial zoning district.

1.    Area required. Private and common open space shall be provided as required by Table 4-3.

TABLE 4-3 - MULTIFAMILY PROJECT OPEN SPACE REQUIREMENTS

Project Size

Minimum Common Open Space Required

Minimum Private Open Space Required

 

3 or 4 units

200 sf

100 sf for each unit

5 to 10 units

500 sf

150 sf for each unit with patios

11 and more units

100 sf per unit

100 sf for each unit with balconies

2.    Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Chapter 18.34 (Landscaping Standards).

a.    Common open space. All required open space shall be: easily accessible; continuous, usable site elements; separated from parking areas; safe and secure. Each common open space area shall have a minimum dimension of 12 feet for 3- and 4-unit projects, and 20 feet for projects with 5 or more units.

b.    Private open space. Private open space shall be at the same elevation as and immediately accessible from within the unit. Each private open space area shall have a minimum dimension of 8 feet; except that the review authority may authorize different minimum dimensions for upper-floor balconies where the private open space is provided as a balcony or upper floor court.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

3.    Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by the home owners association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.

F.    Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with § 18.30.070 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least 1 foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available. All proposed lighting shall be shown on the required landscape plan.

G.    Storage. A minimum of 100 cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than 30 inches.

H.    Universal Design. For projects of more than 10 units, 1 unit shall be designed according to the principles of universal design to ensure handicapped accessibility of the unit.

I.    Television antennas. Exterior television antennas, other than satellite dishes less than 39 inches in diameter, are not allowed, except for a single common, central antenna, with underground cable service to each dwelling unit. This restriction shall be included in any property covenants of a common interest development.

J.    Window orientation. Where 1 or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, Design Review shall ensure, to the extent feasible, that the windows are located and/or screened to provide privacy for residents of both structures.

(Ord. 930, § 2, passed 06-12-2017)

18.42.130 - Outdoor Displays and Sales

A.    Applicability. The provisions of this Section apply to temporary and permanent facilities for outdoor display, sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

B.    Temporary outdoor displays and sales. See § 18.71.030 (Limited Term Permit).

C.    Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise is allowed subject to the following standards:

1.    The outdoor display of merchandise shall not exceed a height of 6 feet above finished grade, unless a greater height is allowed through Minor Use Permit approval.

2.    Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through Minor Use Permit approval.

3.    Displayed merchandise shall occupy a fixed, specifically approved, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, required parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.

4.    The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5.    The Director may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6.    Additional signs shall not be provided for the outdoor display and sales area beyond those normally allowed for the primary use.

D.    News and flower stands. See § 10.20.150 for mobile vending unit regulations.

E.    Outdoor dining areas.

1.    An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided the outdoor eating area shall also comply with the parking requirements of § 18.36.040 (Number of Parking Spaces Required) for restaurants.

2.    Signs shall comply with Chapter 18.38.

(Ord. 930, § 2, passed 06-12-2017)

18.42.140 - Outdoor Storage

An outdoor storage or work area shall comply with the following requirements, where allowed by Article 2 (Zoning Districts and Allowable Land Uses):

A.    Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of 6 feet and a maximum height of 8 feet.

B.    Maximum height of stored materials. The materials within the storage area shall not be higher than the fence, except where authorized by the Use Permit for the storage area.

C.    Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the setback area shall be landscaped to the approval of the Director, and in compliance with Chapter 18.34 (Landscaping Standards).

(Ord. 930, § 2, passed 06-12-2017)

18.42.145 - Pipelines and Transmission Lines

Pipelines and transmission lines shall comply with the following requirements, where allowed by Article 2 (Zoning Districts and Allowable Land Uses):

A.    Local service facilities. Lines and facilities for local utility service are permitted in all zones.

B.    Electric transmission lines. The location of proposed electric transmission lines shall be reviewed by the Commission and approved by the Council prior to right-of-way acquisition.

(Ord. 930, § 2, passed 06-12-2017)

18.42.150 - Recycling Facilities

This Section establishes standards and procedures for the siting and operation of commercial recycling facilities, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A.    Small collection facilities. A small collection facility shall comply with the following standards:

1.    Location requirements. A small collection facility shall:

a.    Not be located within 50 feet of any parcel zoned or occupied for residential use; and

b.    Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2.    Maximum size. A small collection facility shall not occupy more than 350 square feet.

3.    Appearance of facility. Collection containers and site fencing shall be of a color and design that are compatible and harmonious with the surrounding uses and neighborhoods.

4.    Operating standards for small collection facilities. Small collection facilities shall:

a.    Not use power-driven processing equipment, except for reverse vending machines;

b.    Accept only glass, metal, or plastic containers, paper, and reusable items;

c.    Use containers that are constructed with durable waterproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and

d.    Be screened where determined by the review authority to be necessary because of excessive visibility.

5.    Signs. Nonilluminated signs may be provided as follows:

a.    Identification signs are allowed with a maximum area of 15% for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

b.    Additional directional signs, consistent with Chapter 18.38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6.    Parking requirements.

a.    No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.

b.    Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

B.    Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards:

1.    Location requirements. The facility shall not abut a parcel zoned for residential use.

2.    Container location. Any containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

3.    Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4.    Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5.    Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

6.    Operating standards.

a.    The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.

b.    Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

C.    Processing facilities. Processing facilities shall comply with the following standards:

1.    Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2.    Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of 2 each day.

3.    Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4.    Container location. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.

5.    Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

6.    Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

7.    Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

(Ord. 930, § 2, passed 06-12-2017)

18.42.160 - Residential Accessory Uses and Structures

This Section provides standards for residential accessory uses and structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). These requirements do not apply to residential second units, which are instead regulated by § 18.42.170 (Second Units - Accessory Dwelling Unit (ADU)).

A.    Limitation on number. Only 1 residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RS zoning districts, and except where a site is 2 times or more the minimum lot area required for a new parcel in the applicable zoning district.

B.    Relationship to primary use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C.    Timing of installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:

1.    The site is within the RR zoning district, is 1 acre or larger, and the proposed structure is a garage; or

2.    Construction in advance of a primary structure is authorized through Minor Use Permit approval.

D.    Attached structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and setbacks; and shall also comply with any applicable requirements of Subsection (F) of this Section.

E.    Detached structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection (F) of this Section establishes a different requirement for a specific type of accessory structure.

1.    Setbacks.

a.    Front setback. An accessory structure shall not be located within a required front setback.

b.    Side and rear setbacks. An accessory structure not exceeding 10 feet in height shall maintain side and rear setbacks of at least 5 feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district.

c.    Separation between structures. An accessory structure shall maintain at least a 5-foot separation from other accessory structures and the primary dwelling unit.

d.    Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot.

e.    Garage accessible from an alley. Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than 25 feet from the opposite side of the alley.

2.    Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Minor Use Permit approval. The height limit of a detached garage including any accessory uses, structures, and additions built into or on the detached garage shall not exceed 16 feet, except where a greater height is authorized through Minor Use Permit approval.

3.    Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

F.    Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection (A) of this Section, as applicable.

1.    Antennas. Antennas shall comply with the requirements of Chapter 18.44 (Telecommunications Facilities).

2.    Garages. A garage for a single-family dwelling shall comply with the following requirements. A garage for a multifamily project shall comply with the requirements of § 18.42.120 (Multifamily Projects). This limitation does not apply to double lots.

a.    Limitation on number. A single parcel shall have only 1 attached or detached garage, except that this limitation shall not apply in the RR and RS zoning districts, or to a site that is 2 times or more the minimum lot area required for a new parcel in the applicable zoning district.

b.    Front setback. Garages shall comply with the garage front setback requirements of the applicable zoning district.

c.    Side setbacks. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a detached or attached garage may be built to the side property line on that side. Otherwise, a garage shall be set back a minimum of 5 feet from side property lines.

d.    Rear setback. A garage shall be set back a minimum of 5 feet from the rear property line, except that a garage may be built to the lot line with Minor Use Permit approval.

e.    Facade width, parking orientation. The facade of any garage facing a street shall not exceed a width of 25 feet.

3.    Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit in the RL and RM zoning districts; and 1,000 square feet or 5% of the parcel area, whichever is smaller, in the RR or RS zoning districts. Accessory greenhouses are not allowed in the RH or RVH zones.

4.    Guest houses. Guest houses shall comply with the requirements for second units in § 18.42.170.

5.    Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least 3 sides, may be located within the required rear setback subject to the following:

a.    The 5-foot separation from the primary dwelling unit required by Subsection (E)(1)(c) of this Section (Separation between structures) does not apply;

b.    The structure shall comply with the coverage and size limitations of Subsection (E)(3) of this Section (Coverage and size limitations); and

c.    No part of the patio cover shall be closer than 10 feet to a property line.

6.    Swimming pools. Noncommercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:

a.    Setbacks. No swimming pool shall be located within a required front or side setback, or within 10 feet of any property line; and

b.    Fence or wall. No swimming pool shall be located within 3 feet of a fence or wall.

7.    Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements:

a.    Setbacks. No court shall be located within a required setback, or within 10 feet of a property line; and

b.    Fencing. Court fencing shall comply with § 18.30.050 (Fences, Walls, and Screening); and

c.    Lighting. Court lighting shall require Minor Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with § 18.30.070 (Outdoor Lighting).

8.    Workshops, studios, and storage areas. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, hobbies and/or storage is subject to the following standards:

a.    Limitation on use. The use of an accessory structure as a studio shall be limited to: noncommercial hobbies or amusements, or comply with § 18.42.080 (Home Occupations); and

b.    Floor area. A workshop studio and/or storage area footprint shall not occupy an area larger than 35% of the building footprint of the primary structure.

(Ord. 930, § 2, passed 06-12-2017)

18.42.165 - Restaurants

The following standards for restaurants are intended to regulate the disposal of grease and oils for the protection of the City of Fort Bragg sewage treatment plant and the environment:

A.    Operating standards. Restaurants shall comply with the following operating standards:

1.    Installation and maintenance of grease trap/interceptor. Grease interceptor installation and maintenance must comply with the City’s Food Service Establishment Wastewater Discharge Permit and the City’s Municipal Code section regarding fats, oil and grease control.

2.    Washing of restaurant floor mats, exhaust filters. Restaurant floor mats and exhaust filters shall be washed in a sink or wash area that drains to the sanitary sewer, or collected wastewater from such washing shall be discharged to the sanitary sewer.

(Ord. 930, § 2, passed 06-12-2017)

18.42.170 - Second Units - Accessory Dwelling Unit (ADU)

This Section establishes standards for residential second units, also known as an accessory dwelling unit (ADU), where allowed by Article 2 (Zoning Districts and Allowable Land Uses). The standards set forth in this Section are intended to be consistent with Government Code Section 65852.2 and to the extent that any such standards are determined by the review authority or a court of competent jurisdiction to be inconsistent with Government Code Section 65852.2, such standards shall not apply to residential second units. An application for a second unit that complies with the standards of this Section shall be approved ministerially. “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for 1 or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

A.    Limitation on location. An ADU is allowed on any parcel that is zoned for residential development and has 1 primary residence. An ADU shall be exempted from the calculation of the maximum allowable density for the lot on which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designation for the lot.

B.    Limitation on number of units. No more than 1 ADU shall be approved on a single parcel.

C.    Minimum site area. A parcel proposed for an ADU must be of adequate size to meet the lot coverage requirements of the applicable zoning district after development of the second unit.

D.    Relationship to primary use.

1.    Size, style. An accessory dwelling unit may be incidental and subordinate to the primary single-family residential use of the site in terms of size and location. It can be: (a) a remodeled portion of a primary dwelling unit; (b) attached to a primary dwelling unit; (c) 1 of the units of a duplex; or (d) a detached unit. An accessory dwelling unit may also be an efficiency unit (Section 17958.1 of Health and Safety Code) or a manufactured home (Section 18007 of the Health and Safety Code).

2.    Timing of construction. An accessory dwelling unit may be constructed simultaneously with or after the primary dwelling. In addition, an existing dwelling that complies with the standards for second units in Subsection (E) of this Section may be considered a second unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

E.    Second unit standards. A second unit shall comply with the following standards:

1.    Height limit. A detached accessory dwelling unit shall be limited to 18 feet and 1 story. A second unit located over a garage may be allowed with a maximum height of 25 feet with Minor Use Permit approval. An attached accessory dwelling unit shall comply with the height limit in the zoning district.

2.    Setbacks. An accessory dwelling unit shall comply with the setback requirements of the applicable zoning district, unless the second unit is located in a nonconforming structure as defined by § 18.90.020. No second unit may be permitted above a garage unless the unit complies with the setback standards of the applicable zoning district.

3.    Maximum floor area. The floor area of an accessory dwelling unit shall not exceed 960 square feet.

4.    Separate entrance required. An attached accessory dwelling unit shall have an entrance separate from the entrance to the primary dwelling.

5.    Window placement. An accessory dwelling unit that is placed 20 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit. An accessory dwelling unit that is 2 stories or located over a garage shall not have windows or balconies that directly face a neighboring yard. This limitation applies only to side yards, not to windows facing alleys.

F.    Off-street parking requirements. At least 1 off-street paved parking space is preferred for an accessory dwelling unit in addition to the parking required for the primary dwelling by Chapter 18.36 (Parking and Loading). If provided, the parking space shall comply with the location and design requirements of Chapter 18.36; however, an off-street parking space is not required for the ADU.

(Ord. 930, § 2, passed 06-12-2017)

18.42.180 - Service Stations

This Section establishes standards for the development and operation of motor vehicle service stations (not including card lock facilities), where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A.    Permit and application requirements. A service station shall require Design Review in compliance with § 18.71.050, in addition to the Planning Permit required by Article 2. Each application for a new or remodeled service station shall include a photometric plan identifying all proposed light sources and their illumination levels, to assist in evaluating compliance with the outdoor lighting requirements of Subsection (D)(5) of this Section and § 18.30.070 (Outdoor Lighting). The City may require an applicant to pay the cost for a lighting consultant engaged by the City to evaluate photometric plans and recommend alternatives to proposed lighting.

B.    Limitations on location.

1.    Prohibited locations. A service station site shall not abut a residential zoning district or residential use.

2.    Separation between stations. A service station shall not be closer than 500 feet to another service station except when both are at the same street intersection. The distance shall be measured in a straight line from the nearest property line of the sites for each service station. No more than 2 service stations shall be located at the same street intersection.

C.    Site requirements. A site proposed for a new service station shall be located on an arterial street (Main Street and Highway 20) on a site with a minimum of 150 feet of frontage.

The Commission may grant an exception to this requirement for a service station within a retail complex site if the Commission determines that the exception improves traffic circulation or reduces traffic. Approval of the exception shall also require that the Commission ensure that the service station is effectively integrated into the architecture and design of the overall retail complex.

D.    Site planning standards. The layout of a service station site and its site features shall comply with the following standards:

1.    Site access and driveways.

a.    Curb cuts for service station driveways shall be separated by a minimum of 30 feet from edge to edge.

b.    A driveway shall not be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to an interior property line.

c.    The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

d.    Each pump island shall be provided a stacking area that can accommodate a minimum of 3 waiting vehicles.

2.    Setback requirements.

a.    Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island.

b.    A canopy or roof structure over a pump island shall be a minimum of 10 feet from any property line.

3.    Pavement. A service station site shall be paved with a permanent surface of concrete or asphalt material and shall contain drainage facilities in compliance with all Federal, State, and local laws, rules, and regulations. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier approved as part of the Design Review for the site.

4.    Landscaping. Landscaping, consisting of trees, groundcover, shrubs, vines, and/or other plant materials approved by the review authority shall be installed, permanently maintained and, if necessary, replaced, in compliance with the following standards, and the requirements of Chapter 18.34 (Landscaping Standards):

a.    A minimum of 15% of the entire site shall be landscaped.

b.    Boundary landscaping is required along all property lines abutting streets, except for driveways.

c.    Landscaped areas shall have a minimum width of 8 feet, and shall be separated from abutting vehicular areas by a wall or curbing at least 6 inches higher than the abutting pavement.

d.    A corner site shall be provided a planter area of at least 200 square feet at the street corner, except where a building is located at the corner.

e.    Additional landscaping may be required by the Commission to screen the service station from adjacent properties.

f.    All landscaping on the site shall be placed and maintained to provide safe sight distances for pedestrians and drivers.

5.    Lighting. Exterior lights, including canopy, perimeter, and flood, shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with § 18.30.070 (Outdoor Lighting). Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency.

6.    Signs and banners. Signs, banners, and promotional flags shall comply with Chapter 18.38 (Signs).

7.    Solid waste and recyclables storage. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids shall comply with all applicable Federal, State, and local requirements. Outdoor solid waste and recyclable storage areas shall be screened by a solid masonry wall with a height of 6 feet, or as approved by the review authority. The wall design, materials, and colors shall be compatible with the primary structures on the site, as determined by the review authority.

E.    Building design standards. Each new service station shall comply with the following standards:

1.    Architectural character. Subject to the requirements of Design Review, service station architecture shall fit with the existing or intended character of the surrounding area as determined by the review authority.

2.    Bay orientation. Service bay openings shall not face a public street.

3.    Restrooms. Each service station shall maintain 1 or more restrooms available for use by the general public without charge. Restroom entrances shall be screened from the view of the public right-of-way.

F.    Facility operating standards.

1.    Restriction on outdoor activities. Outdoor activities on a service station site shall be limited to fueling, replenishing air, water, oil and similar fluids, and the replacement of minor parts (e.g., lamp bulbs, wiper blades, and other similar items) requiring only the use of small hand tools while a vehicle is being serviced at the pump island. Where minor auto repair is permitted by Article 2, all repair activities shall occur entirely within an enclosed structure.

2.    Display. There shall be no outdoor display of equipment or merchandise, except as allowed in compliance with Subsection (G)(1) of this Section (Outdoor storage).

3.    Vehicle parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale.

G.    Appurtenant uses. The following appurtenant uses are prohibited unless specifically allowed as part of Use Permit approval.

1.    Outdoor storage. One or more outdoor storage and display cabinets or enclosures other than the primary structure may be approved by the review authority; provided, that their combined total area shall not exceed 50 square feet. The construction and finish of storage and display cabinets shall be compatible with the primary structures on the site, as determined by the review authority. Outdoor storage and display cabinets may be used only for the display and sale of brake fluid, gasoline additives, oil, transmission fluid, windshield wipers and fluid, and other similar merchandise. The outdoor storage of tires shall be prohibited. No outdoor vending machines are allowed.

2.    Tow truck operations. Where tow truck operations are approved as part of a service station by the review authority, no abandoned, disabled, junked, wrecked, or otherwise nonoperational motor vehicles shall remain on site for more than 5 days, and shall be stored entirely within an enclosed structure.

3.    Convenience sales - Parking. Where allowed, the sale of beer and wine, other drinks, food, and/or other merchandise shall be provided off-street parking in compliance with Chapter 18.36 (Parking and Loading).

4.    Prohibited uses. The following uses are prohibited:

a.    The rental, sale, or storage of garden supplies, tools, trailers, travel trailers, vehicles, and other similar materials and merchandise, except the short term storage of vehicles allowed in compliance with Subsection (G)(2) of this Section (Tow truck operations).

H.    Removal of tanks upon cessation or change of use. If, for any reason, a service station ceases to sell gasoline for more than 115 out of 120 days, all gasoline pumps and signs shall be removed from the site and all gasoline storage tanks shall be removed or treated in compliance with Federal and State regulations, subject to the approval of the Fire Department.

(Ord. 930, § 2, passed 06-12-2017)

18.42.190 - Vacation Rental Units

A.    Purpose. This Section provides requirements and standards for the operation of vacation rental units. These standards are intended to ensure that vacation rental units are compatible with and do not adversely impact residential or commercial uses.

B.    Applicability. The provisions of this Section shall apply to all vacation rental units. This Section does not apply to legally established hotel/motel or bed and breakfast uses, which are regulated separately.

C.    Application requirements. In addition to the information and materials required for a Minor Use Permit application by this Development Code, the review authority may require additional information to ensure compliance with this Section.

D.    Limitations on use.

1.    Location.

a.    Vacation rental units shall be located only within the Central Business District (CBD), and shall be limited only to second or third floors above a commercial use.

b.    Vacation rental units shall only be permitted within a legal dwelling unit, as defined in § 18.100.020(D).

2.    Operating standards.

a.    The maximum quantity of vacation rental units shall be determined by Council resolution. Permit application shall be reviewed and approved on a first-come, first-served basis. The City shall maintain a waiting list for new permits, once all authorized permits are awarded.

b.    The maximum quantity of vacation rental units allowable per property shall be determined by Council resolution.

c.    The maximum occupancy permitted for a vacation rental unit shall be limited to 2 persons per bedroom, plus 1 person (not including children under age 12). The maximum occupancy shall be stated as an approval condition of a permit authorizing a vacation rental unit.

d.    The maximum number of vehicles permitted for guests of a vacation rental unit shall equal the number of bedrooms in the unit. The maximum number of vehicles shall be stated as a condition of the vacation rental unit permit.

e.    All advertisement listings for vacation rental units shall include the following:

i)    City of Fort Bragg Business License number and Minor Use Permit number;

ii)    Maximum permitted occupancy, as stated on the approved permit; and

iii)    Maximum vehicles permitted, as stated on the approved permit.

f.    Vacation rental units shall have a property manager who is available 24 hours per day, 7 days per week during all times that the property is rented or used on a transient basis. Operation of a vacation rental unit without a property manager shall be considered a violation of this Section. The name and contact information of the property manager shall be provided to any interested party upon request.

g.    A permit authorizing a vacation rental unit shall be revoked under any of the following conditions:

i)    The City processes 3 or more code enforcement cases against the property within a 2-year period;

ii)    The vacation rental unit is found to be noncompliant with any portion of the zoning ordinance or the terms of the permit approving the use;

iii)    Failure to maintain a business license for the use;

iv)    Abandonment of the use for a period of 12 months or more (demonstrated by a lack of payment of transient occupancy taxes); or

v)    Any instance of transient occupancy tax fraud or transient occupancy tax delinquency of more than 3 months.

h.    A permit for a vacation rental unit shall transfer with the sale of the property, provided the new owner complies with all permit conditions and the provisions of this zoning ordinance.

(Ord. 930, § 2, passed 06-12-2017)


1

    Code reviser’s note: Ord. 930 repealed and replaced Article 4 of Title 18. 18.42.055 was added by Ord. 928 and was not intended to be repealed. It has been retained per the City’s intent.