Chapter 17.03
CITYWIDE REGULATIONS AND SPECIAL PROVISIONS

Sections:

17.03.004    Accessory buildings.

17.03.008    Adult-oriented businesses.

17.03.012    Alternate energy sources.

17.03.016    Bonus incentive projects.

17.03.020    Exceptions.

17.03.024    Exemption from Solar Shade Control Act.

17.03.028    Fences.

17.03.032    Floodplains.

17.03.036    Grading.

17.03.040    Historic preservation.

17.03.044    Home occupations.

17.03.048    Landscaping.

17.03.052    Mobile homes, manufactured homes, and recreational vehicles.

17.03.056    Outdoor lighting.

17.03.060    Parking.

17.03.062    Reasonable accommodation.

17.03.064    Right to farm.

17.03.068    Right to industry.

17.03.072    Secondary dwelling units.

17.03.076    Sidewalks, curbs and gutters.

17.03.080    Signs.

17.03.084    Telecommunications facilities.

17.03.088    Temporary uses and buildings.

17.03.092    Trees.

17.03.096    Truck loading and unloading.

17.03.004 Accessory buildings.

A. Purpose. To provide for the creation and use of buildings whose uses are accessory as defined in this title.

B. Requirements. Accessory buildings shall meet the following requirements:

1. Any accessory building in a residential zone, including guest houses, shall conform to the front and side setbacks of the applicable district. Patios, sunshades and similar structures shall also meet rear yard setback requirements. See HMC 17.03.020(D)(3) for exceptions.

2. Any detached accessory building in a nonresidential zone shall be located at least 10 feet from any building on the lot and shall conform to all setback requirements for that zone.

3. On a corner lot, the accessory building shall not project beyond the front yard required on the adjacent lot.

4. Accessory buildings shall not occupy more than 30 percent of the required rear yard.

5. An accessory building in a residential zone shall not exceed the height of the principal structure on the site, or 16 feet, whichever is lower.

6. The total area of floor space for a detached second unit shall not exceed 1,200 square feet.

7. Accessory buildings associated with historic buildings or structures shall be subject to the requirements of HMC 17.03.040.

8. Accessory uses shall be permitted where they are clearly incidental to the permitted use.

9. Number of accessory units. A maximum of one accessory unit of each type shall be constructed on any parcel.

10. No accessory building shall project into the front yard beyond the main buildings of adjacent lots on either side. (Ord. 08-06 § 1, 2008)

17.03.008 Adult-oriented businesses.

A. Purpose. It is the purpose of this title to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the residents and businesses within the city of Hughson. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this title to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent or effect of this title to condone or legitimize the distribution of obscene material.

It is also intended to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, child- or family-oriented businesses and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

B. Establishment of an Adult-Oriented Business. As used herein, to “establish” an adult-oriented business shall mean and include any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult-oriented business.

C. Applicability. This section shall apply to businesses that meet one or all of the following criteria:

1. The business devotes more than 30 percent of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

2. The business devotes more than 30 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

3. The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total retail value of inventory offered in any of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental, (d) novelties and devices, and (e) on-premises viewing of images, films, and or videos.

4. Gross revenue derived from merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total gross revenue for the category.

5. There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business:

a. Offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; and

b. Fails to make revenue- and inventory-related business records available to the city upon reasonable advance notice.

D. Business License and Conditional Use Permit Required. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Hughson the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a business license from the city of Hughson as required by Chapter 5.04 HMC and as required by this section. At the same time as the business license is obtained, a conditional use permit shall be obtained, following the procedures in HMC 17.04.012.

E. Additions to Business License Application. In addition to the application requirements of Chapter 5.04 HMC, the application shall include the following information:

1. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

2. An accurate straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business:

a. The property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a business license is requested; and

b. The property lines of any church, school, park, child- or family-oriented business, residential zone or use within 500 feet of the primary entrance of the adult-oriented business.

3. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by this section.

4. A statement describing how the adult-oriented business will meet the development and performance standards described in subsection L of this section.

F. Investigation and Action on Application. Applications for a business license by adult-oriented businesses shall be submitted to and processed by the chief of police and shall follow the process described below.

1. Upon receipt of a completed application and payment of the application and license fees, the chief of police shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a business license for an adult-oriented business.

2. Within 30 days of receipt of the completed application, the chief of police shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

a. The chief of police shall write or stamp “granted” or “denied” on the application and date and sign such notation.

b. If the application is denied, the chief of police shall attach to the application a statement of the reasons for denial.

c. If the application is granted, the chief of police shall attach to the application a business license.

d. The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

e. The chief of police shall grant the application and issue the business license, unless the application is denied for one or more of the reasons set forth in subsection G of this section.

G. Business License Denial. The chief of police shall deny the application if any of the following situations exist:

1. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for business license.

2. An applicant is under 18 years of age.

3. The required application fee has not been paid.

4. The adult-oriented business does not comply with the zoning ordinance locational standards set forth in Table 17.02.032.

H. Transfer of Business License for Adult-Oriented Businesses. Holders of business licenses for adult-oriented businesses shall be subject to the transferability restrictions listed in HMC 5.04.150, except that no business license may be transferred when the chief of police has notified the licensee that the license has been or may be suspended or revoked. Any attempt to transfer a license either directly or indirectly in violation of this section is hereby declared void, and the license shall be deemed revoked.

I. Registration of New Employees.

1. As a further condition of approval of every business license for an adult-oriented business issued pursuant to this section and Chapter 5.04 HMC, every owner or operator shall register every employee with the police department within five business days of the commencement of the employee’s period of employment at the adult-oriented business.

2. Each employee shall be required to provide two recent color passport-quality photographs and shall be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the police department:

a. Name, current resident address, telephone number.

b. Date of birth.

c. Social Security number.

d. Height, weight, color of eyes and hair.

e. Stage name (if applicable) and other aliases used within the previous two years.

3. The information provided for purposes of this section shall be maintained by the police department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.

4. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.

5. Failure to register each new employee within five days of the commencement of employment or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the business license and may be considered grounds for suspension or revocation of the business license.

J. Suspension or Revocation of Business License for Adult-Oriented Business. A business license for an adult-oriented business may be suspended or revoked in accordance with the procedures and standards set forth in Chapter 5.04 HMC, or if any of the following has occurred:

1. The licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

f. Any conduct prohibited by this section.

2. Failure to abide by any disciplinary action previously imposed by an appropriate city official.

K. Appeal of Denial, Suspension or Revocation. Decisions may be appealed as provided in HMC 17.04.004.

L. Adult-Oriented Business Development and Performance Standards.

1. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Hughson fire protection district and building regulations and standards adopted by the city of Hughson.

2. Whether or not engaged in the operation of an adult-oriented business, no person shall maintain a business or use in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such business or use. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business or use is open, and any exterior windows shall be covered with opaque covering at all times.

3. All off-street parking area and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

4. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

5. An adult-oriented business shall be open for business only between the hours of 9:00 a.m. and midnight on any particular day.

6. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the chief of police or designee. No person under the age of 18 years shall be permitted within the premises at any time.

7. For commercial establishments not defined by this title as an adult-oriented business, any portion of retail floor area distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas shall be physically separated from the general nonsexual floor area. Inventory and content in the sexually oriented section shall not be visible from the general area at all times, and the entrance to this area shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering.

8. All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

9. Any adult-oriented business which is also an “adult arcade” shall comply with the following provisions:

a. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station.

b. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

c. No viewing room may be occupied by more than one person at any one time.

d. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

e. Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

f. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator’s license to conduct the adult-oriented establishment.

10. All indoor areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Area

Foot-Candles

Bookstores and Other Retail Establishments

20

Theaters and Cabarets

5 (except during performances, at which times lighting shall be at least 1.25 foot-candles)

Arcades

10

Motels/Hotels

20 (in public areas)

11. The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

12. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:

a. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.

b. The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.

c. The adult-oriented business shall provide an entrance/exit for entertainers that is separate from the entrance/exit used by patrons.

d. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e. No entertainer, before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

f. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

g. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

h. No owner or other person with managerial control over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than fully opaque coverage over any part of the nipple or areola.

Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

i. Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

ii. Security guards for other adult-oriented businesses may be required if it is determined by the chief of police that their presence is necessary in order to prevent any of the conduct listed in subsection J of this section from occurring on the premises.

iii. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.

M. Employment of and Services Rendered to Persons Under the Age of 18 Years Prohibited.

1. It shall be unlawful for any licensee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit to, any person who is not at least 18 years of age.

2. It shall be unlawful for any licensee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.

N. Inspection. An applicant or licensee shall permit representatives of the police department, fire department, planning department or other city departments or divisions to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult-oriented businesses at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

O. Regulations Nonexclusive. The provisions of this section regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Hughson.

P. Separate Offense for Each Day. Any person who violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.

Q. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 8.08 HMC (Nuisances).

R. Criminal Penalties. Any person who violates, causes, or permits another person to violate any provision of this section commits a misdemeanor.

S. Civil Injunction. The violation of any provision of this section shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

T. Administrative Remedies. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this section may be subject to administrative remedies, as set forth by city ordinance.

U. Minimum Proximity Requirements. No adult-oriented business shall be established or located in any zone in the city other than industrial (I), or within certain distances of certain specified land uses or zones as set forth below:

1. No such business shall be established or located within 100 feet of any other adult-oriented business.

2. No such business shall be established or located within 500 feet of any existing residential zone or use, park, church, school or child- or family-oriented business as defined in this title.

3. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.

4. Any of the above proximity requirements shall not be enforced if it has the effect of totally banning adult-oriented businesses within the city. (Ord. 08-06 § 1, 2008)

17.03.012 Alternate energy sources.

A. Purpose. The purpose of this section is to encourage and promote the use of alternate energy sources by providing solar and wind access protection.

B. Solar Energy Collection Systems. A solar energy collection system must be issued a nondiscretionary building permit if it complies with the requirements of subsections (B)(1) through (4) of this section.

1. When a solar energy collection system is installed on a lot, any accessory structure or vegetation on an abutting lot shall not be located so as to block the solar collector’s access to solar energy. The portion of the solar collector that is protected is that portion which:

a. Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical 12-foot obstruction located on the lot line; and

b. Has an area of not greater than one-half of the heated floor area of the structure, or the largest of the structures served.

2. This subsection does not apply to accessory structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or on the effective date of the ordinance codified in this section, whichever is later. This section controls any accessory structure erected on, or vegetation planted on, abutting lots after the installation of the solar energy collection system.

3. A copy of the building permit for the solar energy collection system shall be kept on file with the building division. The solar facility must be completed and have a final inspection, approved by the building inspector, within one calendar year from the date the building permit is issued.

4. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized agency.

C. Clotheslines. It shall be unlawful to establish any private covenant or restriction which prohibits the installation and/or use of a clothesline in any residential zone.

D. Wind Energy Conversion Systems (WECS). Wind energy conversion systems shall be permitted in all zones subject to the following requirements:

1. Building Permit Application for a WECS. A WECS will require approval of a building permit, as regulated in HMC Title 15. In addition to standard submittal requirements for building permits, applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:

a. Property line and physical dimensions of the site;

b. Locations, dimensions, and types of existing structures and uses on site;

c. Location of the proposed WECS;

d. Location of all aboveground utility lines on site or within one radius of the total height of the WECS;

e. Location and size of the largest structure taller than 35 feet or tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a 500-foot radius of the proposed WECS;

f. All information necessary to show compliance with the California Building Code; and

g. All information necessary to show compliance with the applicable requirements of the National Electrical Code.

2. Installation Requirements. Installation of all wind energy conversion systems shall comply with the following requirements, as well as the code compliance and safety features identified in this subsection D:

a. Zoning Clearance. Prior to installation, the applicant shall obtain a zoning clearance from the planning officer, subject to the requirements of HMC 17.04.052.

b. Size. This section covers those WECSs whose swept area is 500 square feet or less. For conventional propeller WECSs, this is equivalent to approximately 25 feet in diameter. Systems with a swept area greater than 500 square feet are not permitted under this section.

c. Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors. That certification can be supplied by the manufacturer.

d. Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.

e. Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high located not closer than eight feet from the ground. Other towers should have either: (i) tower-climbing apparatus located not closer than 12 feet from the ground; (ii) a locked anticlimb device installed on the tower; or (iii) the tower shall be completely enclosed by a locked, protective fence at least six feet high.

f. Noise. The WECS shall meet the requirements of the noise element of the general plan.

g. Electromagnetic Interference. A wind energy conversion system shall comply with the provisions of Title 47 of the Code of Federal Regulations, Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by a city building inspector that a wind energy conversion system is causing harmful interference, the owner or operator shall promptly take steps to eliminate the harmful interference.

h. Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall be consistent with the requirements of HMC 17.03.080 and shall include:

i. Emergency phone number; and

ii. Emergency shutdown procedures.

i. Utility Notification. No wind turbine shall be interconnected with a utility company’s grid until said company has been notified in accordance with procedures established by the California Public Utilities Commission.

j. Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a 200-foot radius. If an obstruction is within a 201- to 500-foot radius, the lowest part of the WECS shall be 10 feet above it.

k. Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines.

l. Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The city reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the city determines that the WECS has been abandoned, the system shall be removed within 30 days of written notice to the owner or operator of the system.

m. Liability Insurance. The applicant, owner, lessee, or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. The policy shall provide a minimum of $500,000 property and personal liability coverage. (Ord. 08-06 § 1, 2008)

17.03.016 Bonus incentive projects.

A. Purpose. The provisions of this section are intended to implement and supplement the requirements of Section 65915 of the Government Code providing incentives for the production of housing for very-low-income, lower-income, moderate-income and senior households. In the event of any conflict between this section and Section 65915 of the Government Code, the provisions of the Government Code shall apply.

B. General Provisions.

1. Eligibility. The city shall grant a density bonus and a development incentive or incentives to an applicant or developer of a housing development with five or more dwelling units, excluding any units permitted by the density bonus awarded pursuant to this section, who provides any of the following:

a. At least 10 percent of the total units of the housing development as target units affordable to lower-income households, as defined in Section 50079.5 of the Health and Safety Code;

b. At least five percent of the total units of the housing development as target units affordable to very-low-income households, as defined in Section 50105 of the Health and Safety Code;

c. Ten percent of the total dwelling units in a common interest development, as defined in Section 1351 of the Civil Code, as target units affordable to moderate-income households, provided all units are offered to the public for purchase; or

d. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

2. Number of Density Bonus Units. In determining the number of density bonus units to be granted in subsection (B)(1) of this section, the maximum residential density shall be multiplied by 0.20 for subsections (B)(1)(a), (b), and (d) of this section and by 0.05 for subsection (B)(1)(c) of this section, unless a lesser number is selected by the developer, in which case the amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the established percentage.

3. When a developer is willing to provide additional units beyond the percentages specified in subsection (B)(1) of this section, the following rules shall apply:

a. For a housing development that provides more than 10 percent of the total units as target units for lower-income households, each one percent increase shall increase the density bonus by 1.5 percent;

b. For a housing development that provides more than five percent of the total units as target units for very-low-income households, each one percent increase shall increase the density bonus by 2.5 percent;

c. For a common interest development, as defined in Section 1351 of the Civil Code, that provides more than 10 percent of the total units as target units for moderate-income households, each one percent increase shall increase the density bonus by one percent.

4. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer.

5. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsection B of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than 35 percent.

6. Density bonus provisions are summarized in Table 17.03.016(A). A sample worksheet showing set-aside very-low-income affordable units, density bonus units and total project units for a 10-unit project is provided in Table 17.03.016(B).

7. Justification for Incentives. In addition to all other application requirements, an applicant requesting a density bonus, concession, or incentive shall also show, using one of the following methods, that the waiver or modification is necessary to make the target units economically feasible:

a. A development pro forma with the capital costs, operating expenses, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s), and the economic effect created by the minimum 30-year use and income restrictions on the affordable housing units;

b. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s); or

c. A use of funds statement identifying the projected financing gap for the project with the affordable housing units. The analysis shall show how much of the funding gap is covered by the density bonus and how much by the incentive(s)/concession(s).

C. Child Day Care Facilities. If a housing development is otherwise eligible for a density bonus under the provisions of this section; the development includes a child day care facility other than a family day care home, including but not limited to an infant center, preschool, extended day care facility or school-age child care center, that will be located on the premises of, as part of or adjacent to the development; and the city does not find, based upon substantial evidence, that the community has adequate child care facilities, the city shall grant one of the following:

1. An additional density bonus that is a number of square feet of residential space equal to or greater than the number of square feet in the child care facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

D. Target Units. All target units built under the provisions of this section shall meet the following requirements:

1. Concurrency. Target units shall be built concurrently with nonrestricted units unless the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

2. Location. Target units shall be built on site wherever possible and, where practical, shall be dispersed within the housing development.

3. Unit Size. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the housing development’s other units, except that the developer may include a higher proportion of target units with more bedrooms.

4. Design. The design and appearance of the target units shall be compatible with the design of the housing development as a whole.

5. Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this section.

6. Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree to allow the production and operation of target units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this section.

 

Table 17.03.016(A)

Density Bonus Summary Table

Target Group

Minimum % Target Units

Bonus Granted

Additional Bonus for Each 1% Increase in Target Units

% Target Units Required for Maximum 35% Bonus

Very-Low-Income

5%

20%

2.5%

11%

Lower-Income

10%

20%

1.5%

20%

Moderate-Income (Condo or PD Only)

10%

5%

1%

40%

Senior Citizen Housing Development

100%

20%

Table 17.03.016(B)

Sample Set-Aside Units and Density Bonus for 10-Unit Building Targeting Very-Low-Income Households

Set-Aside Units for Very-Low-Income Households

Bonus Units

Percent Affordable

Calculation

Affordable Units

Calculation

Units

Total Project Units

5%

5% x 10 = .50

1

20% x 10 = 2.00

2

12

6%

6% x 10 = .60

1

22.5% x 10 = 2.25

3

13

7%

7% x 10 = .70

1

25% x 10 = 2.50

3

13

8%

8% x 10 = .80

1

27.5% x 10 = 2.75

3

13

9%

9% x 10 = .90

1

30% x 10 = 3.00

3

13

10%

10% x 10 = 1.0

1

32.5% x 10 = 3.25

4

14

11%

11% x 10 = 1.1

2

35% x 10 = 3.50

4

14

E. Donations of Land. When a developer of a housing development donates land to the city as provided for in this section, the developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning district. For each one percent increase above the minimum 10 percent land donation described in this section, the density bonus shall be increased by one percent, up to a maximum of 35 percent. This increase shall be in addition to any increase in density allowed by subsection B of this section, up to a maximum combined density bonus of 35 percent if a developer seeks both the increase required pursuant to this subsection and subsection B of this section. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer. All land donated for the purpose of constructing housing for very-low-income households under the provisions of this subsection shall meet the following requirements:

1. Contribution Toward Construction. The applicant shall provide a financial contribution toward the cost of constructing very-low-income housing units on the site donated that are equivalent to those required by subsection D of this section.

2. Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map or residential development application.

3. Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very-low-income households in an amount not less than 10 percent of the number of residential units in the proposed development.

4. Minimum Size. The transferred land shall have an area sufficient to permit development of at least 40 units.

5. Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate general plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities and infrastructure that are adequate to support the development.

6. Entitlements. No later than the date of approval of the final subdivision map, parcel map or residential development application, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very-low-income housing units on the transferred land, except that the city may subject the proposed development to design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the city prior to the time of transfer.

7. Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this section. The restriction shall be recorded on the property at the time of dedication.

8. Recipient. The land shall be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer.

9. Location. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

F. Condominium Conversions.

1. The city shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide 33 percent of the total units of the proposed condominium project as target units affordable to lower- or moderate-income households, or to provide 15 percent of the total units in the condominium conversion project as target units affordable to lower-income households. All such target units shall remain affordable for the period specified in subsection G of this section.

2. For purposes of this section, a “density bonus” means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

3. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this title or the applicable sections of state planning law.

G. Affordability Requirements.

1. Rental. Target units offered for rent to lower-income and very-low-income households shall be made available for rent at an affordable rate and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.

2. For Sale. Target units offered for sale to very-low-, lower-, or moderate-income households in condominiums and planned developments shall be sold at an affordable ownership cost. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller’s proportionate share of appreciation. Because this subsection limits the seller’s appreciation, the seller’s proportionate share of appreciation is 100 percent. The maximum resale price shall be the lower of:

a. Fair market value; or

b. The seller’s initial purchase price, increased by the lesser of:

i. The rate of increase of area median income during the seller’s ownership; or

ii. The rate at which the consumer price index increased during the seller’s ownership.

H. Development Incentives.

1. Incentives Permitted. Incentives shall be permitted for the development of target units so long as the applicant can demonstrate to the satisfaction of the planning officer that the concession or incentive is required in order to provide for affordable housing costs or rents for the targeted units to be set as specified in subsections (B)(7) and D of this section.

2. Number of Incentives. When a developer seeks a density bonus, the city shall grant the following number of incentives to assist with the development of the target units:

a. One incentive for projects that include at least 10 percent of the total units for lower-income households, at least five percent for very-low-income households, or at least 10 percent for persons and families of moderate income in a common interest development as defined in Section 1351 of the Civil Code.

b. Two incentives for projects that include at least 20 percent of the total units for lower-income households, at least 10 percent for very-low-income households, or at least 20 percent for persons and families of moderate income in a common interest development as defined in Section 1351 of the Civil Code.

c. Three incentives for projects that include at least 30 percent of the total units for lower-income households, at least 15 percent for very-low-income households, or at least 30 percent for persons and families of moderate income in a common interest development as defined in Section 1351 of the Civil Code.

d. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very-low-income target units, lower-income target units, or moderate income target units, or the project’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined.

e. In accordance with state law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

3. Incentive for Day Care Facility. If the applicant proposes to include a child day care facility in the project, in accordance with the requirements of this section, the applicant may choose to request an additional incentive instead of a density bonus. The additional incentive shall be required to contribute significantly to the economic feasibility of the construction of the child care facility.

4. Additional Incentives. The city may, at its discretion, grant additional incentives to increase the number of target units provided or to increase the affordability of the target units.

5. Available Incentives. Incentives or concessions may include, but are not limited to, the following:

a. A reduction of site development standards, or a modification of zoning or architectural design requirements.

b. Reduced minimum lot sizes or dimensions.

c. Reduced minimum lot setbacks.

d. Reduced minimum outdoor and/or private outdoor space.

e. Increased maximum lot coverage.

f. Increased maximum building height and/or number of stories.

g. Reduced parking ratios.

h. Reduced minimum building separation requirements.

i. An increased density bonus.

j. The waiver, reduction or deferral of planning, plan check, construction permit and/or development impact fees.

k. Direct financial aid, such as a redevelopment set-aside or community development block grant funding, in the form of a loan or grant to subsidize or provide low-interest financing for on-site or off-site improvements, land or construction costs.

l. Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual cost reductions.

I. Waivers of Development Standards. Applicants who request an incentive that involves the waiving or modification of development or zoning standards shall show that the waiver or modification is necessary to make the housing units economically feasible and that it would result in identifiable, financially sufficient and actual cost reductions.

J. Provision of Incentives. The city shall provide the specific incentive or incentives requested by an applicant, unless the city makes a written finding, based upon substantial evidence, of any of the following:

1. The incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in this section.

2. The incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-income and moderate-income households.

K. Application and Review.

1. Application. A developer seeking approval of a density bonus and an additional incentive or incentives shall file an application with the planning officer. The planning officer shall process the application concurrently with any other application required for the housing development. The form and content of the application shall be as specified by the planning officer and may be subject to a fee established by resolution of the city council.

2. Hearing Process. The application shall be heard and decided by the planning commission or city council, whichever is responsible for approval as determined under subsection (K)(3) of this section. The procedure for giving notice of the application shall be as specified for a use permit, except that the notice shall also identify the density bonus and additional incentive or incentives requested for the project. The planning commission’s decision may be appealed as provided in HMC 17.04.004.

3. Approval Process. The planning commission and city council shall be authorized to approve development incentives as follows:

a. The planning commission shall be authorized to approve development incentives that include the modification of site development standards, or the modification of zoning or architectural design requirements.

b. Approval by the city council shall be required for all other development incentives.

L. Density Bonus Housing Agreement.

1. Agreement Required. As a condition for the approval of a density bonus and additional incentive or incentives pursuant to this section, the applicant shall agree to enter into a density bonus housing agreement with the city. The executed density bonus housing agreement shall be recorded on the parcel or parcels designated for the construction of target units, or donated for the purpose of constructing housing units as specified in this section. The approval and recordation shall occur prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for the parcels or units. The density bonus housing agreement shall be binding upon all future owners and successors in interest.

2. Content of Agreement. The density bonus housing agreement shall, at a minimum, include all of the following:

a. The total number of units approved for the housing development, including the number of target units;

b. A description of the household income group to be accommodated by the housing development, as outlined in this section, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

c. The location, unit size in square feet and number of bedrooms of each target unit;

d. The location and square footage of any land being donated for the purpose of constructing housing units that are affordable to very-low-income households;

e. The location and square footage of any child day care facility for which a density bonus or additional incentive is being granted;

f. Provisions to ensure affordability of target units, and units built on donated land, in accordance with the requirements of this section;

g. A schedule for the completion and occupancy of target units;

h. A description of the additional incentive or incentives being provided by the city;

i. A description of remedies for breach of the agreement by either party, including the provision that tenants or qualified purchasers are third-party beneficiaries under the agreement; and

j. Other provisions as appropriate to ensure implementation and compliance with this section’s requirements for density bonuses and additional incentives.

3. For-Sale Requirements. In the case of for-sale housing developments, excluding target units for moderate-income households, the density bonus housing agreement shall provide for the following requirements during the use restriction period:

a. Target units shall be owner-occupied by eligible very-low-, lower-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments.

b. The purchaser of each target unit shall execute an instrument approved by the city and to be recorded against the parcel including such provisions the city may require to ensure continued compliance with this section.

4. Rental Requirements. In the case of rental housing developments, the density bonus housing agreement shall provide for the following requirements during the use restriction period:

a. Rules and procedures for qualifying each tenant, determining affordable rents, filling vacancies and retaining target units for qualified tenants.

b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section.

c. Provisions requiring owners to submit an annual report to the city, including the name, address and income of each person occupying a target unit and the bedroom size and monthly rent or cost of each target unit.

5. Day Care Facility Requirements. In the case of child day care facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:

a. Operating duration requirements for the child day care facility, such that the child day care facility shall remain in operation for as long as or longer than the period of time during which the density bonus units are required to remain affordable.

b. Provisions requiring that for children who attend the child day care facility, the percentage of children from the income group associated with the development’s target units shall be equal to or greater than the minimum percentage of target units that must be provided for that income group in order to receive a density bonus, pursuant to the requirements of this section. (Ord. 08-06 § 1, 2008)

17.03.020 Exceptions.

A. Purpose. The purpose of this section is to provide exceptions to the provisions of this title where such are necessary for the practical and uniform application of its regulations.

B. Exceptions to Height Limit.

1. Height Measurement. Building height is the vertical distance from the average level of the natural ground surface under the building to the highest point of the building or structure. To determine the height of a building, the highest and lowest points of contact with the natural grade are identified and the average of these two elevations is the point from which the permitted maximum height is measured, as shown in Figure 17.03.020.1. The highest and lowest points of contact are determined where the maximum vertical projections of the perimeter walls of the building contact the natural grade.

2. Exceptions to Height Limit. The following shall be permitted to exceed the height limit in all zoning districts:

a. Barns, silos or other farm buildings or structures on farms; provided, that these are located not less than 50 feet from every lot line.

b. Chimneys, vents, stacks, ducts and skylights, provided such projections do not extend more than five feet above the permitted height in the district.

c. Belfries, church spires, cupolas and domes, distribution and transmission facilities, wireless communication facilities, fire and hose towers, flagpoles, radio and television aerials, smoke stacks, towers, water tanks, and elevator shafts may exceed the allowable height in all zoning districts by 15 feet.

d. Wind energy conversion systems (WECS) may exceed the allowable height as allowed by HMC 17.03.012.

e. Parapet walls extending not more than four feet above the limiting height of the building.

f. A drive-in theater screen; provided, that such screen contains no permanent advertising matter.

g. For public buildings, schools or hospitals that exceed the height limit of the zone in which they are located, all setbacks shall increase by one for each foot that the structure exceeds the maximum allowable height for the applicable zoning district.

h. One standard television receive-only nonparabolic antenna and one vertical whip antenna may extend no more than 25 feet above the roofline; provided, that they are not located between the face of the main building and any public street or in any required front or side yard setback.

C. Setback Exceptions.

1. Setback Dimensions. Setbacks specified elsewhere in this title shall be subject to the following exceptions and modifications:

a. Side yard setback width may be varied where the side wall of a residence is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the setback shall not be less than the otherwise required width; provided, however, that such setback shall not be less at any point than one-half the otherwise required width.

b. The side yard setback width may be reduced when authorized by the planning officer to a width not less than three feet, provided the sum of the widths of the two setbacks is not less than the required minimum, and further provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than that required elsewhere in this title. Such reduction may be authorized only when the planning officer finds that the reduced setback does not diminish the overall purpose of providing physical and visual space between structures.

c. Front porches shall be exempt from front setback width requirements.

d. Industrial zone setbacks may be utilized for railroad spurs except when the setback adjoins a residential or commercial zone.

D. Projections into Setbacks. Certain architectural features may project into required setbacks as follows:

1. Canopies, chimneys, cornices, eaves, rain gutters, air conditioner units, water softener units, and architectural features supported from the structure may project 24 inches into a required yard or court, provided they are not within 36 inches of the side property line.

2. Balconies, fire escapes, handicapped ramps and outside stairways projecting into a required setback may be permitted by the planning officer when located so as to not obstruct light and ventilation and provided they are not within 30 inches of the side property line.

3. Patio covers, sunshades and similar structures, which are not enclosed on the sides except for required roof supports, may utilize up to 30 percent of the rear yard but may be no closer than five feet to the rear property line. Side yard setbacks are the same as the main structure. For the purposes of this section, setbacks are measured to the furthest extent of the roof.

4. Swimming pool equipment shall be a minimum of five feet from property lines unless a sound attenuation cover is installed that is recognized by a national testing agency.

Figure 17.03.020.1. Measurement of building height.

(Ord. 08-06 § 1, 2008)

17.03.024 Exemption from Solar Shade Control Act.

In accordance with California Public Resources Code Section 25985, the provisions of the Solar Shade Control Act, Section 25980 et seq. of the California Public Resources Code, shall not apply to the city of Hughson. (Ord. 08-06 § 1, 2008)

17.03.028 Fences.

A. General.

1. Fences, Walls and Hedges. For the purpose of this section, the term “fence” shall include fences, walls, hedges or structures designed to act as an enclosure or barrier constructed of wood, posts, or other similar materials. All fences shall conform to standards as outlined in this section under fence standards.

2. Setbacks. All fences over three feet six inches in height shall conform to the front and side building setback requirements for the zone in which they are located.

B. Fence Height.

1. No fence shall be erected to a height greater than six feet, as measured from the base of the fence, except as provided for in this section. If a fence is constructed atop a retaining wall, fence height shall be measured from adjacent grade on high side of wall. Measurement of fence heights for typical lots are shown in Figure 17.03.028.1. A one-foot extension may be added to the height of fences in side yards up to the front yard setback or rear yards of residential zones; provided, that the extension provides 50 percent or greater visibility; i.e., lattice or trellis.

2. No fence shall be erected to a height greater than three feet six inches in the front setback, or in a rear or side setback that is adjacent to a street, as shown in Figure 17.03.028.2.

Figure 17.03.028.1. Measurement of fence height.

Figure 17.03.028.2. Maximum fence heights.

3. No fence shall interfere with the landscaping cross-visibility area as required in HMC 17.03.048.

C. Swimming Pool Fences. Swimming pools shall comply with the California Swimming Pool Safety Act, California Health and Safety Code Section 115920 et seq.

D. Noise Attenuation Walls. Walls, fences, berms, and/or landscaping for the purpose of noise attenuation shall be avoided where possible. They may be required in any zone adjacent to a high noise generator such as a major roadway or railroad. Where sound walls are required they shall be built of high quality materials and designed to provide visual relief through a mixture of materials, landscaping and walkways and greenbelts. Noise attenuation requirements will be developed in response to the noise level and source affecting specific property. Height restrictions for walls may be waived by the planning commission as required for effective noise reduction.

E. Tennis Courts. The planning commission may waive fence height limits set by this section for tennis courts, as long as the tennis court is located in the rear yard and open-type fencing materials are used.

F. Levees or Canals. The height of any fence located at the top of a levee or canal may be increased subject to the review and approval of the planning commission if it finds that the increase in height is necessary for public safety.

G. Fences adjacent to “restricted” or “nonaccess property.” A fence up to seven feet in height may be constructed at the property line when that line is shown as “restricted” or “nonaccess” on a recorded map, subject to the review and approval of the planning commission.

H. Reduction in Setback for Fences in Developed Areas. The minimum required setback to locate a fence over three feet six inches high in a front or street side yard setback may be reduced to the average setback of the applicable yard where more than 50 percent of the block is developed with fences over three feet six inches high in the front and side setbacks and upon review and approval of the planning commission. All fences used in computing the average existing setback shall be legally, or legally nonconforming, established fences.

I. Entry Structures. One entry gate, trellis or other entry structure may be permitted in the required front or side setback area of each lot, provided the maximum height of the structure does not exceed eight feet and the width does not exceed one foot greater than the driveway width. Entry structures may not interfere with or obstruct visibility for vehicles entering or exiting the driveway from the public right-of-way.

J. Exceptions for Fences in Industrial Areas.

1. Taller Fences. Fencing over three feet six inches is permitted in the front and side setback so long as it is constructed of woven wire, wrought iron or other similar material that allows some visual access to the site.

2. Security Fences. Barbed wire or security fencing not to exceed two feet in height may be located on top of a fence or wall, so long as it is not adjacent to a residential zoning district or land in residential use.

3. Visual Screen. The requirement of this section shall not apply to uses permitted in any industrial zone which are required by this title or the city council to maintain visual screens to a height greater than specified in this title.

K. Fence Construction.

1. Fence Materials. Fences shall be constructed of chain link, wood, wrought iron, brick, split rails, new plastic technology fencing products, or a combination of these, except for the following:

a. Chain-link fences shall be prohibited on residentially zoned or developed property in a front or side setback or a rear setback facing a street right-of-way, except for temporary fencing associate with construction, and

b. Barbed wire, razor wire, and electric fences are prohibited, except as provided for in subsection J of this section.

2. Side yard gates shall have a 42-inch minimum clear opening. Gate shall swing outward (toward street) and shall be self-closing and self-latching. For new construction, a continuous concrete path from driveway to side-yard gate, a minimum of 36 inches in width, shall be provided. In the event of a conflict between this section and the state law, state law shall take precedence.

L. Plantings. Plantings adjacent to fences shall conform to the requirements of HMC 17.03.048. (Ord. 08-06 § 1, 2008)

17.03.032 Floodplains.

A. Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;

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

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

4. Minimize prolonged business interruptions;

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

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

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

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

B. Applicability. This title shall apply to all areas identified as flood-prone within the jurisdiction of the city of Hughson.

C. General Provisions.

1. Basis for Establishing Flood-Prone Areas. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from federal or state agencies or other sources to identify flood-prone areas within the jurisdiction of the city of Hughson. This data will be on file at the city of Hughson, Department of Public Works, 7018 Pine Street, Hughson, CA 95326.

2. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

3. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

4. Interpretation. In the interpretation and application of this section, all provisions shall be:

a. Considered as minimum requirements;

b. Liberally construed to carry out the purpose of this section; and

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

5. Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of city council, any officer or employee thereof, the state of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

D. Administration.

1. Establishment of Floodplain Development Permit. A floodplain development permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood-prone areas.

2. Designation of the Floodplain Administrator. The director of public works is hereby appointed to administer, implement, and enforce this section by granting or denying a floodplain development permit in accord with its provisions.

3. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

a. Permit Review. Review all floodplain development permit applications to determine:

i. Permit requirements of this section have been satisfied;

ii. All other required state and federal permits have been obtained; and

iii. The site is reasonably safe from flooding.

b. Review and Use of Any Other Base Flood Data. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from other federal or state agency or other source.

E. Provisions for Flood Hazard Reduction.

1. Standards of Construction. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

a. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and

b. Be constructed:

i. With materials and utility equipment resistant to flood damage;

ii. Using methods and practices that minimize flood damage; and

iii. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

2. Standards for Subdivisions or Other Proposed New Development. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

a. All such proposals are consistent with the need to minimize flood damage within the flood-prone area;

b. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

c. Adequate drainage is provided to reduce exposure to flood hazards.

3. Standards for Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a. Infiltration of flood waters into the systems;

b. Discharge from the systems into flood waters; and

c. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. (Ord. 08-06 § 1, 2008)

17.03.036 Grading.

A. Purpose. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat.

As a result, the purpose of this section is to safeguard persons, protect property, and prevent damage to the environment in the city of Hughson. This section will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city of Hughson.

B. Applicability. All development projects that disturb the soil shall be subject to the requirements of this section, except for those projects specifically exempted below:

1. Grading not required to have a grading permit by the California Building Code.

2. Excavation below finished grade for a structure authorized by a building permit conditioned with erosion control requirements.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells.

6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, where established and provided for by law, provided such operations do not affect the lateral pressure support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of a civil engineer, geotechnical engineer, or engineering geologist.

C. Application Requirements. All projects subject to this section shall require a grading permit and shall submit the information required to show compliance with the provisions of this section, and any information required by the planning officer. The application process shall be subject to the same requirements as provided in HMC 17.04.008 for administrative permits.

D. General Provisions. Grading and drainage plans for development projects subject to this section shall be subject to the following requirements.

1. Preparation by a licensed civil engineer depicting design for the line, grade, on- and off-site drainage control measures, structural sections for the streets and all public improvements serving the development, including land use, infrastructure, circulation and streetscapes, public/park facilities, landscaping and trails, design expectations and environmental mitigation components.

2. Best management practices (BMPs) for erosion and dust control, and immediate revegetation of the site as needed for erosion control.

3. Preparation of a drainage improvement plan by a licensed civil engineer detailing installation of on-site stormwater retention and percolation facilities designed to retain and percolate all on-site flows for up to a 100-year storm and depicting all final grades and on-site drainage control measures.

4. Preparation of a dust emission control plan requiring that contractor work specifications shall include provisions for adequate water to be applied during construction in order to control dust disturbance resulting from grading operations. Dust control measures shall be applied in accordance with all ordinances, rules and regulations of the Stanislaus County water resources agency regarding use of reclaimed or other subpotable water for compaction or dust control purposes. Additionally, the Plan will be reviewed to assure compliance with applicable air quality programs, such as those related to particulate emissions, overseen by the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD).

5. Between October 15th and April 15th, best management practices (BMPs) shall be maintained and in place for all areas that have been graded or disturbed and for all materials, equipment and/or operations that need protection. Removal of BMPs that must be temporarily removed during construction activities shall be completed at the end of each working day when there is a forecast of rain within the next five days, by the National Weather Service or whenever rain is imminent.

6. Between April 16th and October 14th, BMPs shall be maintained and in place for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection within 24 hours of a forecast of rain within the next five days by the National Weather Service or whenever rain is imminent.

7. Prior to commencement of any grading or other subdivision improvements, the applicant shall provide proposed trucking routes for all equipment and material deliveries. The city shall, at the applicant’s expense, establish preconstruction conditions. Damage to any public improvements, on or off site, caused by construction operations during construction on the subject property shall be repaired to the satisfaction of the planning officer. This shall include slurry seal, overlay, or street reconstruction if deemed warranted by the city engineer.

8. A qualified professional geotechnical engineer shall perform on-site monitoring of all grading and excavation activities on the project site. Evidence of an agreement with a geotechnical engineer shall be submitted for review and approval of the planning officer prior to commencement of any grading activities or any underground work. The geotechnical engineer shall submit evidence that grading and excavation were performed consistent with the recommendations of the geotechnical investigation. Evidence shall be submitted prior to issuance of building permits for each individual lot.

E. Stormwater Pollution Prevention Plan. Projects that will disturb over one acre of soil are required to prepare and implement a stormwater pollution prevention plan (SWPPP). Projects that disturb less than one acre of soil shall require a SWPPP if the planning officer determines that unusual circumstances are present which require special measures to minimize construction-related stormwater pollution. A SWPPP shall be subject to the following requirements:

1. The planning officer shall approve the SWPPP and enforcement shall be as provided in HMC 17.04.004.

2. The SWPPP shall describe the best management practices that will be used during construction to reduce the sources of potential pollution, control sediments and educate construction workers.

3. The applicant shall submit a notice of intent (NOI) and fee to the Central Valley regional water quality control board, which shall send back a notice with the project’s waste discharge identification (WDID) number; this information shall be included in the grading permit application. (Ord. 08-06 § 1, 2008)

17.03.040 Historic preservation.

A. Purpose. This section is intended to safeguard the historic character of Hughson by providing for the identification, protection, enhancement, perpetuation and use of historic resources within the city that reflect special elements of Hughson’s architectural, artistic, cultural, political and social heritage. Specific goals of this section include the following:

1. To safeguard the city’s heritage by encouraging the protection of landmarks representing significant elements of its history.

2. To foster civic and neighborhood pride and a sense of identity based on an appreciation of the city’s past and the recognition and use of historic resources.

3. To enhance the visual character of the city by preserving diverse architectural styles reflecting various phases of the city’s history, and by encouraging complementary design and construction for contemporary buildings.

4. To strengthen the economy of the city by protecting and enhancing the city’s historic attractions for residents and visitors.

5. To stabilize and improve property values within the city by recognizing historic landmarks and by protecting areas of historic buildings from encroachment by incompatible designs.

6. To promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city.

7. To integrate the preservation of historic resources, and the consideration of relevant information about these resources, into public and private land management and development processes.

8. To conserve valuable building materials and energy resources by ongoing use and maintenance of the existing built environment.

B. Authority. Unless otherwise stated, all responsibilities outlined in this section shall be carried out by the planning commission. The planning commission may obtain guidance from third parties, including architects, urban planners and city commissions or staff, as to whether the application conforms to the requirements of this section. These third parties shall be qualified by reason of their relevant training or experience. Any guidance they provide shall be submitted to the planning commission in writing and included in the planning officer’s report on the application.

C. Applicability. The guidelines set forth in this section shall apply to the following:

1. The demolition, exterior renovation, expansion or any other physical modification to the exterior of buildings or structures deemed historic per the guidelines in subsection E of this section.

2. New construction within blocks deemed historic per the guidelines in subsection E of this section.

3. The provisions of this section shall not apply to the demolition, renovation or expansion of nonhistoric buildings that are located within historic blocks.

D. Application. Development applications as identified in subsection C of this section shall submit the information deemed necessary by the planning officer, shall submit an application fee as set by the city council, and shall follow the development review process in subsection F of this section.

E. Historic Designation. The guidelines set forth in this section shall apply to buildings, structures, or blocks if the Hughson city council finds that one of the following apply:

1. Landmarks. Any building, structure or site that is designated as a California Historical Landmark, or is listed on the California Register of Historic Resources, or is listed on the National Register of Historic Places, is designated as a landmark;

2. Locally Significant. Any building, structure, or site that is significant in the history of Hughson; or

3. Historic Blocks. City blocks in which at least 40 percent of structures are designated historic according to the provisions of subsections (E)(1) and (2) of this section.

F. Development Review. Development projects associated with all buildings, structures, or blocks designated historic under the provisions of this section shall be subject to development review as required by HMC 17.04.020, except that consideration shall also be given to the guidelines in subsection G of this section.

G. Guidelines for Preservation and Adaptive Reuse.

1. Purpose. Preservation and rehabilitation efforts should work to protect the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood. The guidelines below are intended to ensure that new infill development is compatible in terms of character, scale and treatment with nearby historic structures. On an historic block, new buildings and structures, as well as existing buildings, structures, and appurtenances that are moved, reconstructed, materially altered, or repaired, must be visually compatible with buildings and places to which they are visually related.

2. Criteria for Evaluating New Construction and Additions to Existing Structures. The planning commission, in considering the appropriateness of the reconstruction, alteration, or maintenance of any landmark, or the construction of a new structure on an historic block as described in subsection C of this section, shall require that this work be done in a manner that will preserve the historical and architectural integrity of the building, structure, site or surroundings. In evaluating the historic and architectural character, the commission shall consider, among other things, the following:

a. The purposes of this section;

b. The historical and architectural value and significance of the building, structure, block or site;

c. The compatibility and significance of additions, alterations, details, materials, or other nonoriginal elements, including walls, fences, light fixtures, steps, paving, and signs, which may be of a different style and construction date than the original;

d. The texture, material, style, and detailing of the building, structure, site or new adjacent construction;

e. The continued preservation and protection of original or otherwise significant structures, materials, and ornamentation, as well as the compatibility of new structures thereto; and

f. The position of the building or structure in relation to the street, public right-of-way and to other buildings and structures.

3. General Rehabilitation Principles.

a. Historic structures should be recognized for their own time and style. Rehabilitation should not try to create a preconceived concept of history, but should reuse existing or appropriate features.

b. Rehabilitation of historic structures should try to retain and restore original elements first. If damage or deterioration is too severe, the element should be recreated using original materials to match the color, design, texture, and any other important design features.

c. When replacement is necessary and original material cannot be obtained, substitution material should incorporate the color, design, and texture that conveys the visual appearance of the original material. If a material needs to be removed, repaired or copied, that material should be repaired or replaced in accordance with the standards set forth in the most recent versions of the Standards for the Treatment of Historic Properties, published by the Technical Preservation Service of the National Park Service.

4. Site Plan Considerations.

a. New development should continue the functional on-site relationships of the surrounding neighborhood. For example, common patterns that should be continued are entries facing the public right-of-way, front porches, and garages/parking areas located at the rear of the parcel.

b. Front setbacks for new infill development on historic blocks should follow either of the following criteria:

i. Equal to the average front setback of all structures on both sides of the street within 100 feet of the property lines of the new project; or

ii. Equal to the average front setback of the two immediately adjoining structures on each side of the new project.

iii. In cases where averaging between two adjoining existing structures is chosen, the new structure may be averaged in a stepping pattern. This method can work especially well where it is desirable to provide a large front porch along a portion of the front facade.

5. Guidelines for Specific Building Elements.

a. Doors.

i. The shape, size, and style of doors are an important feature of all historical architectural styles and the original design should be maintained.

ii. Original doors that have fallen into disrepair should be repaired in place whenever possible. When replacement is necessary, the replacement door should match the original design and materials as closely as possible.

iii. If a building’s original door is missing, a replacement door should be selected that is similar in design and materials to doors of buildings of a similar age and style in the surrounding neighborhood.

b. Exterior Materials.

i. The original exterior building materials should be retained whenever possible. It is not desirable to use mismatched materials of different finishes, shapes, sizes, or textures.

ii. Structures with original wood siding should not be stuccoed in an attempt to achieve a more modern appearance. Likewise, plastic shingles should not be used to replace wood siding or shingles.

iii. Replacing wood siding with aluminum siding is permissible; provided, that the new siding is of the same shape and size as the original siding and closely approximates the texture and appearance of the previous siding.

iv. Brick surfaces should not be sandblasted in an attempt to remove old paint because sandblasting tends to damage the natural fired surface of the brick, and compromises its water-repellent qualities. Also, mechanical grinders can damage the brick surrounding the joint and should not be used to remove mortar.

c. Ornamentation and Trim. Most often it is the authentic decoration and trim on a structure that lends character and identifies the structure with its particular architectural style. Original ornamentation should be preserved whenever possible.

d. Porches and Stairs.

i. During rehabilitation efforts, the design integrity of the front porch should not be compromised. Front porches should not be enclosed with walls or windows.

ii. If enclosing the porch is the only viable means of adding needed space, care should be taken to use doors, siding materials, trim details, windows and other details that match the facade of the structure surrounding the porch.

e. Windows.

i. Most structures built before World War II had wood-framed windows that were either casement, double-hung, or fixed. The shape, size, and style of windows should be maintained to the greatest extent possible.

ii. When window replacement is necessary, the new window should match the original as closely as possible.

iii. Aluminum or plastic frame windows should not be used in an historic structure.

f. Roofs.

i. Great care should be taken to ensure that roof design, pitch, materials and color are compatible with those of the roof of the original structure.

ii. It should be recognized that fire safety requirements may preclude reroofing a structure in its original material, particularly if the original roof was made of wood shingles or shakes. In this case, the determination of what material to use should be based on compatibility with the colors and materials used elsewhere on the structure.

g. Second Story Additions. Because adding an additional story to an existing structure will always change the proportions of the structure, such additions should be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.

H. Accessory Structures.

1. New accessory structures and secondary dwelling units that are visible from the public right-of-way should incorporate the distinctive distinguishing architectural features of the main structure. Relevant features may include materials, paint color, ornamentation, trim details and roof pitch, among others.

2. Design features should be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it.

I. Adaptive Reuse.

1. The adaptive reuse of historic structures, involving uses not otherwise allowed through the base zone, may be allowed subject to the approval of a conditional use permit, in compliance with HMC 17.04.012; and provided, that the planning commission can make at least one of the following additional findings:

a. The proposed adaptive reuse enhances, perpetuates, preserves, protects, or restores those historic blocks, neighborhoods, sites, structures, and zoning districts which contribute to the aesthetic and cultural benefit of the city;

b. The proposed adaptive reuse stabilizes and improves the economic value of historic districts, neighborhoods, sites, structures, and zoning districts;

c. The proposed adaptive reuse preserves diverse architectural design reflecting phases of the city’s history, and encourages design styles and construction methods and materials that are compatible with the surrounding neighborhood(s); and

d. The proposed adaptive reuse prevents the abandonment of privately owned and occupied structures.

2. Compliance with Parking Standards. The above listed uses shall be provided with off-street parking in compliance with the requirements of HMC 17.03.060. However, properties may be granted a reduction in minimum parking requirements by the planning commission if, in its estimation, meeting the required minimum parking requirement would otherwise compromise the historic integrity of the structure. (Ord. 08-06 § 1, 2008)

17.03.044 Home occupations.

A. Purpose. This section is intended to describe the types of occupations that can be undertaken within dwellings in the city and to establish standards and regulations to ensure that home occupations do not result in adverse impacts to residential neighborhoods.

B. Applicability. The guidelines set forth in this section shall apply to the following:

1. Low-impact home occupations, as defined in this title; and

2. Moderate-impact home occupations, as defined in this title.

All other home occupations shall be prohibited.

C. Low-Impact Home Occupations.

1. A low-impact home occupation, as defined in this title, that is clearly incidental to the use of the structure or dwelling and meets the performance requirements of this subsection shall be permitted without an administrative permit but shall be required to obtain a zoning clearance subject to the requirements of HMC 17.04.052.

2. No more than one low-impact home occupation shall be permitted in any dwelling unit, except that the planning officer may, at his or her sole discretion, allow more than one upon making a finding that the provisions of this section will not be otherwise violated.

3. Such use must be conducted entirely within a dwelling or accessory building and carried on by the inhabitants thereof. If the inhabitants do not own the property, the zoning certificate application must also contain the signature of the owner of the property.

4. There shall be no storage of equipment or supplies other than samples in an accessory structure.

5. There shall be no external alteration of the appearance of the dwelling in which a home occupation is conducted.

6. A low-impact home occupation shall not involve the use of any material, other than craft or art supplies, or mechanical equipment other than customarily incidental to domestic use.

7. No advertising signs shall be placed in the yard or on the house or any part of the property.

D. Moderate-Impact Home Occupations.

1. Administrative Permit Required. Any home occupation that does not qualify as a low-impact home occupation, but that otherwise meets the requirements of this section, shall be considered a moderate-impact home occupation and shall be required to obtain an administrative permit. If the inhabitants do not own the property, the administrative permit application must also contain the signature of the owner of the property.

2. Conditions. An administrative permit for a moderate-impact home occupation shall be granted subject to the requirements of HMC 17.04.008, except that the following additional conditions shall apply:

a. The administrative permit shall be valid only as to the occupation and residence for which it is issued; and

b. The administrative permit shall be revoked if the occupation for which the permit is granted has been discontinued for at least one year.

E. Requirements for All Allowed Home Occupations. All home occupations shall be subject to the following requirements:

1. Home occupations shall comply with all federal, state, county and local regulations, statutes and provisions.

2. The area primarily dedicated to a home occupation shall not exceed 20 percent of the primary living area or 400 square feet, whichever is less. No storage of materials and products is allowed.

3. The home occupation shall not generate pedestrian or vehicular traffic that will cause a disturbance in the district in which it is located.

4. There shall be no excessive or unsightly storage of materials or supplies, either indoors or outdoors.

5. Signage identifying or advertising the business is prohibited.

6. The home occupation shall employ at least one resident of the dwelling unit and shall not employ more than a total of two persons.

7. No home occupation shall involve the elimination of required off-street parking spaces.

F. Uses Not Allowed as Home Occupations. The following uses are not permitted as home occupations:

1. Those which do not meet the provisions of subsections C and D of this section.

2. Those which entail the repair, manufacture, processing or alteration of goods, materials or objects, intended for sale where equipment or process is used which creates an adverse impact on the neighborhood.

3. Those which entail the harboring, training or raising of dogs, cats, birds or other animals.

4. Those which entail vehicle painting, repair and/or body and fender work.

5. Barbershops, beauty parlors, nail salons, music schools, dancing schools, business schools or schools of any kind with organized classes.

6. Those uses which involve retail sales, rental or display of goods or products at the home if such sales, rentals or display will create an adverse impact upon residential uses within 300 feet of the proposed home occupation by causing an increase in traffic, whether vehicular or pedestrian, which unreasonably interferes with parking and/or use of the streets and sidewalks by residents within 300 feet of the proposed home occupation.

7. Gun sales are prohibited in residential zones except for existing permitted uses as of the date of adoption of the ordinance codified in this title.

G. Home Day Care Facilities. Home day care facilities as defined in this title shall not be subject to the other subsections of this section. Small home day care facilities shall be permitted as of right in all residential zones and in single-family and multiple-family dwellings that are found in commercial zoning districts. Large home day care facilities in residential zones and in single-family and multiple-family dwellings that are found in commercial zoning districts shall be subject to an administrative permit. The administrative permit shall be based upon the following findings:

1. The proposed use is either located on a lot zoned for single-family dwellings or meets a minimum standard of 75 square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the owner of the adjoining property.

2. The proposed use is located more than 500 feet from any other large home day care facility or child day care center.

3. The proposed use has adequate vehicular access to the residence to provide a safe drop-off and pick-up area with minimal disruption to local traffic and circulation.

4. The proposed use complies with general plan noise requirements for residential uses and the provisions of Chapter 9.30 HMC relating to noise.

5. The proposed use complies with any standards promulgated by the State Fire Marshal relating to the subject of fire and life safety in large home day care facilities. (Ord. 08-06 § 1, 2008)

17.03.048 Landscaping.

A. Purpose. The purpose of this section is to establish the necessary criteria, standards and limits for landscaping and to maximize the value of this land use along public rights-of-way and within specified portions of private property. The provisions of this section are intended to accomplish the following:

1. To provide a transition between land uses;

2. To promote an attractive visual environment;

3. To promote visual order;

4. To encourage visual harmony between the landscape and development;

5. To reduce air, noise and visual pollution; and

6. To promote water conservation by use of appropriate plants and conservative irrigation systems.

B. Applicability.

1. The requirements in this section apply to all new residential and nonresidential construction except for the following:

a. Dwellings of two units or less on one parcel of land; and

b. Additions to structures, except additions to dwellings that exceed 40 percent of the gross floor area or 2,000 square feet, whichever is greater. All additions will accumulate to determine eligibility under this requirement.

2. Landscaping on existing private property shall not be subject to the requirements of this section, except as required in subsection (B)(1) of this section, but is subject to the requirements of HMC 8.08.020.

C. Official Landscaping Requirements. The planning commission shall prepare and maintain official landscaping requirements for the city of Hughson. The planning officer shall require that all new landscaping shall be in accordance with the official landscaping requirements and this section. If existing landscaping is removed, it shall be replaced with landscaping which conforms to the official landscaping requirements.

D. Application. Applications for development that meet the requirements of subsection B of this section shall include landscaping information indicating compliance with the requirements of this section in the form deemed necessary by the planning officer with their applications for administrative permit, conditional use permit or zoning clearance.

E. Requirements for All Landscaping.

1. Percent Cover. Vegetative matter shall cover 75 percent of the landscaped area required by this section.

2. Planting Requirements. All planting shall meet the following minimum requirements.

a. Trees shall be equivalent to five-gallon-can size or larger when planted and shall be subject to the requirements of the city’s street tree plan.

b. Shrubs shall be a minimum one-gallon-can size or larger.

c. Ground cover such as rock, bark, chips or bricks may be used as an accent material or for weed control, but not as a total landscaping theme or in lieu of living plant material.

3. Irrigation. Irrigation for all landscaping subject to this section shall meet the following requirements:

a. To the extent possible, drought-resistant plant material shall be used.

b. All landscaped areas shall be served by a permanent irrigation system, such as an automatic sprinkler or drip irrigation system. The irrigation system shall include timers and rain shut-off devices to prevent excessive and unnecessary watering.

c. The planning officer may waive this subsection’s irrigation requirements for specified landscape areas upon finding the following:

i. The landscaping in the specified areas is composed of drought-tolerant vegetation or other plant materials that do not require permanent irrigation to remain in healthy condition.

ii. The specified areas will receive adequate temporary irrigation to allow the plants to become established.

iii. There are no considerations of public health, safety or welfare, including aesthetic considerations, that require installation of a permanent irrigation system.

4. Exceptions Permitted. Landscape designs which do not meet the specific regulations of this section may be approved by the planning commission if, in its opinion, the design meets the intent and purpose of this section.

5. Replacement planting must conform to the original intent of the landscape design.

6. Exceptions.

a. Properties located within zones that allow zero lot-line buildings shall be exempt from this requirement.

b. The width of landscaping adjacent to the public right-of-way may be reduced to no less than four feet when in the opinion of the planning commission the following conditions are met:

i. The total square footage of landscaped area remains constant;

ii. This landscaping will not be counted toward the landscaping requirements outside of the public right-of-way; and

iii. The reduction in the required width is consistent with the purposes of the landscape regulations of this section.

7. Issuance of Certificate of Occupancy. For all structures subject to this section’s landscaping requirements, no certificate of occupancy shall be issued until landscape plans have been carried out, and all the improvements described in such plans have been completed; nothing herein contained shall prevent the building official issuing a temporary certificate of occupancy where completion of the landscaping work is delayed either because of the season of the year or adverse weather.

8. Maintenance. All landscaping subject to this section as well as that which would have been had proper permits been acquired shall provide for ongoing maintenance subject to the following requirements:

a. Landscape structural features shall be maintained in sound structural and attractive condition.

b. Landscaping materials shall be contained so as not to spill into the public right-of-way.

c. Landscaped areas shall be continually maintained in good condition and shall be kept clean and weeded. Maintenance shall include but not be limited to:

i. Cultivation of planting beds, and mowing to maintain grassy areas;

ii. Pruning of plants as necessary to control and direct growth;

iii. Replacement of dead or unhealthy plant material in accordance with the approved landscaping plan;

iv. Fertilization as needed to ensure proper plant growth; and

v. Repair or replacement of irrigation system components and irrigation drainage components, as needed, to maintain the system in good working condition.

9. Replacements and Modifications. Landscaping subject to this section may be modified or replaced with alternative plantings subject to the approval of the planning officer.

F. Landscaping in Parking Lots. See regulations in HMC 17.03.060.

G. Landscaping Adjacent to the Public Right-of-Way.

1. There shall be a landscaped area eight feet wide along portions of parcels fronting the public right-of-way.

2. Street trees shall be planted subject to the requirements of the city’s official street tree plan and HMC 17.03.092.

3. Visibility shall be maintained adjacent to the right-of-way. No landscaping shall interfere with viewing between three feet six inches and seven feet in height in the following places, as shown in Figure 17.03.048.1.

Figure 17.03.048.1. Cross visibility area at street and driveway intersections.

a. Along a public sidewalk;

b. Within a triangle formed by drawing lines from the point of intersection of a driveway with the public right-of-way and to points 10 feet away along the driveway and public right-of-way, with the third side formed by a line connecting the two points; and

c. Within a triangle formed by drawing lines from the point of intersection of a corner lot adjacent to the public right-of-way and to points along the property line 10 feet away, with the third side formed by a line connecting the two points. (Ord. 08-06 § 1, 2008)

17.03.052 Mobile homes, manufactured homes, and recreational vehicles.

A. Purpose. The purpose of this section is to provide requirements for temporary and permanent mobile homes within the city of Hughson and to ensure that they conform to the provisions of the following laws:

1. The Mobile Home Residency Law, Chapter 2.5 of Title 2, Part 2, Division 2 of the California Civil Code (commencing with Section 798);

2. The Recreational Vehicle Park Occupancy Law, Chapter 2.6 of Title 2, Part 2, Division 2 of the California Civil Code (commencing with Section 799.20);

3. The Mobile Home – Manufactured Housing Act of 1980, Part 2 of Division 13 of the California Health and Safety Code (commencing with Section 18000);

4. The Mobile Home Parks Act, Part 2.1 of Division 13 of the California Health and Safety Code (commencing with Section 18200);

5. The Manufactured Housing Community Act, Part 2.2 of Division 13 of the California Health and Safety Code (commencing with Section 18800); and

6. The following chapters of the California Code of Regulations, Title 25, Division 1:

a. Chapter 2, Mobile Home Parks Act;

b. Chapter 3, Factory Built Housing and Mobile Homes;

c. Chapter 4, Manufactured Housing Sales, Occupational Licensing and Education; and

d. Chapter 5, Manufactured Home, Mobile Home and Commercial Coach Registration and Titling.

B. Mobile Home Parks.

1. Mobile home parks shall meet the requirements of the district in which they are located and shall be a minimum of five acres in size.

2. A conditional use permit shall have been obtained from the planning commission.

C. Recreational Vehicle Parks. Recreational vehicle parks shall meet the requirements of the district in which they are located and the following minimum requirements:

1. A recreational vehicle park shall accommodate recreational vehicles only;

2. Toilets and lavatories for the exclusive use of the occupants shall be provided on the basis of one toilet for each sex, for each 15 spaces or fraction thereof;

3. A recreational vehicle shall not be located closer than three feet from a property line or lot line; and

4. Each space in a recreational vehicle park shall have direct access to a roadway, either a public street or a private driveway.

D. Storage. One mobile home, camper, motor home or trailer may be stored off the street and on a property; provided, that no living quarters shall be maintained or any business conducted in connection therewith while such vehicle is so parked or stored, except as otherwise provided in this section.

E. Mobile Homes (Manufactured Homes) in Residential Zones.

1. Eligibility. A mobile home shall only be permitted in a residential zone if it:

a. Is to be occupied only for residential purposes;

b. Conforms to all of the residential use development standards for single-family structures applicable to the zone;

c. Is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and has been constructed after June 15, 1976;

d. Is attached to a permanent foundation system approved by the planning officer; and

e. Meets the design requirements of subsection F of this section.

F. Design. A mobile home shall be found to be compatible if it meets the following design guidelines:

1. It is a double-wide or larger multisectional unit (minimum width of 20 feet);

2. It is covered with an exterior material commonly found on new conventionally built residential structures in the surrounding area;

3. The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

4. The roofing material is composition shingles or other materials commonly found on conventionally built residential structures in the surrounding area;

5. The roof has a pitch of not less than either two inches of vertical rise for each 12 inches of horizontal run or the pitch commonly found on conventionally built residential structures in the surrounding area, whichever is greater;

6. The roof has eave and gable overhangs of not less than one foot measured from the vertical side of the mobile home, or not less than that commonly found on conventionally built residential structures in the surrounding area, whichever is greater;

7. It has an enclosed garage or a carport if either is commonly found with new conventionally built structures in the surrounding area. Otherwise the parking requirements shall be the same as those in the district in which it is located; and

8. The finished floor is a maximum of 24 inches above the exterior finish grade of the lot measured at the foundation.

G. Temporary Use of Recreational Vehicles in Residential Zones. A recreational vehicle may be used as a single-family dwelling unit on a property zoned for single-family residential use for a period of time not to exceed the time required to complete the project. An administrative permit shall be required for such recreational vehicles, subject to the following additional requirements:

1. There is an existing single-family dwelling unit on the site that cannot be occupied until repairs are completed, and a valid building permit has been issued to make all repairs required to make the dwelling unit habitable.

2. The occupied recreational vehicle is not placed within a required setback, with the exception of a designated driveway that conforms to the standards of the district in which the recreational vehicle is located.

3. Recreational vehicles shall be located in a designated area within the parcel as approved by the planning officer. Recreational vehicles shall be located so as to minimize their visibility from the public right-of-way or adjacent properties.

H. Mobile Homes as Supplemental Housing. Mobile homes may be permitted on property located in any residential zone necessary to provide supplemental housing for the care of the ill or the infirm and may be used by either those providing care or receiving care. A conditional use permit shall be required for such mobile homes, subject to the following additional requirements:

1. The mobile home shall be supplemental to an existing residential unit. Approval shall be given only upon finding that the proposal is consistent with the availability of adequate sewer and water facilities, a provision of vehicular access and off-street parking.

2. Not more than one such mobile home shall be permitted on any one parcel.

3. The dwelling unit to which the mobile home is accessory shall be occupied by persons who are related by blood or marriage to an occupant of the single-family home to which the mobile home is accessory.

4. An approved conditional use permit for the mobile home shall become invalid if the parcel on which it is located is sold or leased to persons not meeting the requirements of subsection (H)(3) of this section.

5. The mobile home shall be removed from the premises and the planning officer notified when the need to provide care no longer exists.

6. Applicants shall provide verification from a medical doctor certifying that the illness or infirmity is sufficiently serious to require personal care by someone living on the property. Verification shall be made on forms provided by the planning officer. It shall be the option of the planning officer to determine if medical verification is required for permit renewals.

7. Approval shall be for a period of one year and may be renewed each year by reaffirmation of the need to provide care and the payment of a renewal fee in the amount set by resolution of the city council. (Ord. 08-06 § 1, 2008)

17.03.056 Outdoor lighting.

A. Purpose. To minimize the impact of outdoor lighting on adjacent properties, as well as minimize energy use, all outdoor lighting on private property shall conform to the following requirements.

B. Height. Light fixtures at driveway approaches shall have a maximum height of four feet. All other light fixtures, excluding illuminated signs, shall have a maximum height of 14 feet above grade, or the height of the nearest building on the site, whichever is less.

C. Energy-Saving. Lighting shall be provided with energy-saving fixtures and lamps to the extent practicable.

D. Shielding. All light sources shall include appropriate shielding to direct light away from the sky, surrounding properties and streets. Reflections or glare outside of the subject property shall be minimized.

E. Maximum Illumination. Excluding illuminated signs, no light source shall produce an illumination level greater than one-quarter foot-candle at any point measured 25 feet horizontally from the subject property.

F. Exception for Adult Businesses. Lighting for adult businesses shall be as required in HMC 17.03.008. (Ord. 08-06 § 1, 2008)

17.03.060 Parking.

A. Purpose. The purpose of this section is to provide accessible off-street parking facilities for the parking of self-propelled motor vehicles and bicycles on public or private property in connection with the erection or major alteration, extension or change of use of any building or structure, unless otherwise stipulated, in the amounts as specified in this section.

B. General Provisions.

1. Parking Requirements for New Development. New development shall comply with the off-street parking requirements identified in subsection C of this section.

2. Parking Requirements for Changes to Existing Development. Whenever a building is increased in size, whether by units or dimensions, or is moved from one lot to another, the following shall apply:

a. Parking Based on Square Feet of Building. Any building that is remodeled, altered, or enlarged, thereby increasing its gross floor area so that it equals or exceeds any minimum areas established for off-street facilities, shall provide off-street facilities as required in subsection C of this section for the entire building. For projects adding 15 percent or less of the original gross floor area, no additional parking facilities shall be required provided that the applicant demonstrates to the planning officer’s satisfaction that the additional floor area will not generate additional demand for on-site parking.

b. Parking Based on Units. Any building that is remodeled, altered or enlarged so as to provide more units, shall be required to provide and maintain off-street parking facilities for the additional units, as required in subsection C of this section, unless said units constitute 15 percent or less of the original total units in which case no additional parking facilities shall be required.

c. Parking Requirement for Buildings or Structures Moved from One Lot to Another. Any building or structure which is moved from one lot to another shall provide parking in the amount required by this section for a new building or structure.

3. Changes in Use for Existing Buildings. The planning commission (or, for buildings existing on January 1, 1983, the planning officer) may waive or modify any of the provisions of this section, provided the following findings are made:

a. That such action would not be detrimental to any surrounding property or use;

b. That adequate on-street legal parking exists to accommodate the proposed use of the site;

c. That such action would not create a traffic hazard;

d. That such action applies to a proposed use in an existing building; and

e. In situations where a new building or an addition to an existing building of over 15 percent of the floor area of the building is proposed, the planning commission may waive or modify the parking space requirements if such required spaces are provided on another parcel within 200 feet of the proposed building. In lieu of providing spaces, the property owner may pay a fee for each space, as determined by the city council by resolution or ordinance, with the fee to be placed in a fund for use by the city for providing parking in the area.

4. Existing Facilities.

a. Existing off-street parking facilities shall not be eliminated nor reduced to an amount less than that required for new buildings.

b. Where a parking plan includes access driveways or curb cuts that would cause one or more existing marked, on-street parking spaces or bicycle parking spaces to be eliminated, the off-street parking requirement shall be increased by the number of on-street parking spaces that are to be eliminated.

5. Loading Spaces. Loading space, exclusive of driveways and/or corridors leading thereto, shall not be considered as supplying off-street parking space, nor shall anything in this section prevent the provision of parking space in excess of the amount specified.

6. Historic Buildings. As provided by HMC 17.03.040, exceptions to the requirements of this section for historic buildings may be granted by the planning commission.

C. Parking Requirements by Use.

1. Minimum Parking Requirements.

a. The vehicular parking requirements in Table 17.03.060(A) shall be considered minimum requirements in all districts, except as provided otherwise by this section. Parking requirements shall be cumulative whenever more than one use is present on the site, except as otherwise provided by this section.

b. Where the application of these standards would result in a fractional number of spaces, any fraction less than one-half shall be disregarded, and fractions of one-half or greater shall require one parking space.

c. For uses that are allowed but are not specified in Table 17.03.060(A) or HMC 17.03.060(J) and must be approved by the planning commission, the parking requirement shall be determined by the planning commission; in all other cases, the parking requirement shall be determined by the planning officer.

d. For the purposes of interpreting these requirements, each 1.5 linear feet of a bench shall be counted as one seat.

 

Table 17.03.060(A) 

Minimum Vehicular Parking Requirements (See HMC 17.03.060(J) for Downtown Commercial Zone)

Land Use

Minimum Vehicular Parking Requirements

Residential

 

Single-family dwellings

2 garage spaces for each dwelling unit

Duplexes

2 garage spaces for each dwelling unit

Multiple-family dwellings

a. Studio or one bedroom: 1 space for each dwelling unit

b. Two or more bedrooms: 2 spaces for each dwelling unit

c. Plus, 1 additional space for each 4 dwelling units

Secondary dwelling unit

1 space for each dwelling unit

Guest houses

None beyond requirement for main dwelling unit

Boarding and rooming houses

1 space for each bedroom

Home day care, small

None beyond requirement for dwelling unit

Home day care, large

2 spaces in addition to those required for the dwelling unit

Residential care homes

a. If six units or fewer: same as requirements for applicable type of dwelling unit

b. If six units or more: 1 space for each 3 beds

Nursing and convalescent homes

1 space for each 3 beds

Home occupations

None beyond requirement for dwelling unit

Mobile home parks

2 spaces for each dwelling unit; may be tandem

Mobile home supplemental housing

1 space for each dwelling unit

Temporary real estate office

2 temporary spaces, preferably constructed of compacted gravel or similar pervious surface

Public Assembly

 

Commercial recreational facility – indoor

a. Arcade or amusement center: 1 space for each 300 square feet of floor area

b. Bowling alley: 2 spaces for each lane

c. Skating rink: 1 space for each 300 square feet of rink area

d. Theater: 1 space for each 5 fixed seats, or 1 space for each 100 square feet of floor area if no fixed seats; exceptions may be provided for theaters with more than 500 seats, subject to a conditional use permit

Commercial recreational facility – outdoor

Determined by conditional use permit

Gym

1 space for each 200 square feet of floor area

Instructional or production studio

1 space for each 300 square feet of floor area

Library or museum

1 space for each 300 square feet of floor area

Meeting facility – 10,000 square feet or less of gross floor area

1 space for each 5 fixed seats, or 1 space for each 100 square feet of floor area if no fixed seats

Meeting facility – more than 10,000 square feet of gross floor area

Determined by conditional use permit

Restaurant or cafe

1 space for each 100 square feet of floor area

School – elementary or middle

a. Private: 1.25 space for each classroom

b. Public: to be determined by school district

School – high school

a. Private: 7 spaces for each classroom

b. Public: to be determined by school district

Retail

 

Adult-oriented business

1 space for each 100 square feet of floor area

Alcoholic beverage sales

a. Off-site consumption: 1 space for each 300 square feet of floor area

b. On-site consumption: 1 space for each 100 square feet of floor area

Building supply

1 space for each 2,000 square feet of storage space, plus 1 space for each 300 square feet of other floor area

Carnivals, circuses, fairs, races, concerts, bazaars, farmers’ markets and similar events, for a maximum of five days in any 30-day period.

1 space for each 5 fixed seats, or 1 space for each 5 persons expected as average attendance. Previous attendance records shall be provided as required for documentation

Drive-through establishment

1 space for each 250 square feet of floor area

Equipment and machinery sales or rental

1 space for each 2,000 square feet of storage space, plus 1 space for each 300 square feet of other retail/office floor area.

Food and beverage sales

1 space for each 300 square feet of floor area

Home and garden supply

1 space for each 300 square feet of floor area

General retail

1 space for each 300 square feet of floor area

Seasonal holiday products

Determined by administrative permit

Service station

1 space for each 200 square feet of retail floor area, and 1 space for each service bay

Shopping center

To be determined as part of the conditional use permit process. Parking requirements may be less than what would be required for each individual use combined if it can be shown that due to the parking operation of the various uses that parking spaces can be shared

Vehicle sales

1 space for each 2,000 square feet of site area to be dedicated for customer and employee parking; this does not include the parking necessary for inventory storage

Services

 

Animal keeping

To be determined as part of the administrative or conditional use permit

Bank or financial service

1 space for each 250 square feet of floor area

Bed and breakfast

1 space for each guest room plus 1 extra space for any resident manager

Business support service

1 space for each 300 square feet of floor area

Car wash

a. Self-wash: 2 spaces in addition to the parking space provided in the wash bays

b. Hand-wash: 1/2 space per employee

Catering service

1 space for each 300 square feet of floor area

Child day care

1.25 space per employee based on the maximum permitted number of children and state staffing requirements

Hospital

To be determined as part of the conditional use permit process

Hotel or motel

1 space for each guest room

Mortuary

To be determined as part of the conditional use permit process

Office

1 space for each 300 square feet of floor area

Personal services

1 space for each 300 square feet of floor area

Manufacturing, Wholesale, Repair and Storage

Manufacturing

1 space for each 1,000 square feet of floor area; minimum of 2 spaces

Metalwork

1 space for each 1,000 square feet of floor area; minimum of 2 spaces

Research laboratories

1 space for each 300 square feet of floor area

Warehousing

1 space for each 2,000 square feet of storage space, plus one space for each 300 square feet of other floor area

Wholesaling and distribution

1 space for each 1,000 square feet of floor area; minimum of 2 spaces

Transportation and Infrastructure

 

Cemetery

To be determined by conditional use permit

Government facility

To be determined by public agency

Public safety facility

To be determined by public agency

Utility building or substation

To be determined by public agency

Public vehicle depot

To be determined by public agency

e. Truck loading spaces and bicycle parking shall be provided as required by subsections H and I of this section.

2. Maximum Vehicular Parking.

a. The maximum number of off-street vehicular parking spaces allowed as of right shall be 200 percent of the minimum number specified in this subsection.

b. An administrative permit may be granted to set the maximum number of off-street vehicular parking spaces at up to 300 percent of the minimum specified in this section. The exact percentage shall be specified in the administrative permit, which shall be processed in accordance with the requirements of HMC 17.04.008. The planning officer shall grant the administrative permit subject to the following findings:

i. The proposed use will endanger the public health, safety or welfare or create significant conflicts with surrounding uses unless the maximum parking requirement is increased.

ii. The proposed increase in parking is no greater than necessary to avoid these conflicts and protect the public health, safety or welfare.

D. Location of Off-Site Parking Facilities.

1. Off-site parking facilities may be permitted with planning commission approval of a conditional use permit subject to the following conditions:

a. If any portion of the off-site parking area is established to meet the minimum amounts specified for any major land use under this section, the off-site parking area shall be provided and maintained in the same ownership as that of the property on which the major land use is located, or if under different ownership, the applicant shall enter into a legally binding contract, approved by the planning officer, committing to the owner of the parking area to retain that property as parking as long as needed to maintain the minimum parking requirement for the major land use.

b. The required parking space(s) must be located on an adjacent parcel or site that is readily accessible to the site containing the building, structure, improvement, or use requiring the parking space(s).

E. Minimum Dimensions – Off-Street Parking Areas.

1. All off-street parking facilities provided under the terms of this section shall comply with the following minimum dimensions for off-street parking and maneuvering space:

a. Ninety-Degree Angle Parking. Each parking space shall be not less than nine feet wide nor less than 19 feet in length. Maneuvering space shall be not less than 24 feet in width. Total minimum width of parking area: 43 feet.

b. Sixty-Degree Angle Parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 21 feet in length; measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 18 feet in width perpendicular to the building or parking line. Total minimum width of parking area: 39 feet.

c. Forty-Five-Degree Angle Parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 19 feet 10 inches in length when measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 13 feet in width perpendicular to the building or parking line. Total minimum width of parking area: 32 feet 10 inches.

d. Thirty-Degree Angle Parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 17 feet four inches in length when measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 11 feet in width perpendicular to the building or parking line. Total minimum width of parking area: 28 feet four inches.

2. The planning commission shall have the authority to establish and/or approve parking stall and maneuvering area dimensions for parking angles other than those specified herein.

3. When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

4. A walkway, if provided, shall be in addition to the minimum requirement for parking and maneuvering space herein required.

5. Where off-street parking facilities are provided in excess of the amounts herein specified, or when off-street parking facilities are provided, but not required by this section, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

F. Development and Maintenance of Off-Street Parking Areas. Every parcel of land hereafter used as a public or private off-street parking area, as required by this section, shall be developed and maintained as follows:

1. Every parking area shall be paved and maintained so as to eliminate dust or mud. All parking areas shall be graded and drained to provide for the on-site disposal of all surface water where no city storm drains are available. In no case shall such drainage be allowed to cross sidewalks. Best management practices (BMPs) shall be incorporated to manage the water quality of runoff from parking lots.

2. Every parking area not separated by a fence from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or timber barrier not less than six inches in height located not less than two feet from such street or alley line. Such curb or barrier shall be securely installed and maintained. No such curb or barrier shall be required across any driveway or entrance to the parking area.

3. Every nonresidential parking area abutting property zoned for residential use shall be separated from such property by a solid wall, view-obstructing fence or hedge of not less than six feet, except within front setback areas where the fence shall be reduced to three and one-half feet.

4. The planning commission may grant a reduction in the total number of required parking spaces when the application of these standards and regulations to an existing parking area would result in a number of parking spaces less than that required in Table 17.03.060(A) or HMC 17.03.060(J).

5. Parking areas shall be used for automobile parking only. Other activities, including but not limited sales, dead storage, repair work, dismantling or servicing of any kind, shall not be permitted within parking areas.

6. If lighting is provided it shall be arranged to reflect away from the residential area, also from any public street or highway.

7. Within required front yard setback areas vehicles shall be parked only in paved parking areas which meet the parking area development standards outlined in this subsection. Vehicles may be parked in nonpaved areas outside of the front setback with planning official determination that such a parking arrangement will not conflict with the purpose of this subsection.

8. Parking areas shall not be located in the front of buildings in downtown Hughson, as designated in the Hughson general plan as downtown commercial. Parking shall be located either to the side or to the rear of the building.

9. Parking lots in front yard areas shall be separated from the sidewalk by screen planting or as provided in landscaping regulations.

10. If desired, up to 20 percent of the parking spaces provided may be designated as compact car spaces measuring a minimum of seven feet by 13 feet. The small car spaces shall be identified by painting “compact” on the pavement of said spaces.

11. Handicapped Parking. Parking spaces shall be provided in all parking areas for use by handicapped persons only, as required by state law.

G. Landscaping in Parking Lots. The following requirements shall apply to all open off-street parking areas:

1. At least two trees shall be provided for every 10 parking spaces. The trees shall be planted in tree wells measuring at least six feet by six feet and shall be evenly dispersed throughout the parking lot.

2. At least 60 percent of the paved surface of a parking lot shall be shaded by tree canopies at high noon within 15 years after acquiring building permits for the parking lot. The trees to be planted to develop such a canopy shall be in accordance with HMC 17.03.092 and the city’s street tree plan. Plans submitted for development review shall show the estimated tree canopies after 15 years of growth and the total area in square feet of the area shaded by tree canopies. To determine the area shaded by canopies, the following method shall be used:

a. Determine the total area of the parking lot, deducting any areas covered by structures;

b. Measure the shaded area as the area projected to be directly under each tree canopy after 15 years, including both paved areas and landscape planters; and

c. All landscaping shall be protected by front wheel retention strips.

3. Exemptions. Properties located within zones that allow zero-lot-line buildings shall be exempt from these requirements.

H. Truck Loading and Unloading Space. Requirements for truck loading and unloading spaces shall be as provided in HMC 17.03.096.

I. Bicycle Parking.

1. All nonresidential uses and multiple-family residential uses shall provide at least two bicycle parking spaces, or one bicycle parking space for every 20 required motor vehicle parking spaces, whichever is greater.

2. In addition to any requirements in the city construction specifications, each bicycle parking space shall provide a securely anchored, stationary parking device that is adequate to lock and secure a six-foot-long bicycle.

3. All bicycle parking spaces shall be conveniently located to the buildings that they serve, and pedestrian walkways shall be provided between the bicycle parking spaces and the nearest building entrance.

4. For multi-family residential uses that are required to provide bicycle parking, all required bicycle parking spaces shall be located in permanently covered areas, either inside or outdoors, that are designed to protect the bicycle from rainfall.

J. Off-Street Parking Reduction Opportunities.

1. On-Street Parking. In nonresidential districts where on-street parking is available, where the entirety of a marked, on-street parking space or bicycle parking space is adjacent to a particular site, the on-street parking space may be counted towards any off-street parking requirement for that site.

2. Shared Parking.

a. Downtown. For development within the Hughson downtown, as designated in the Hughson general plan as downtown commercial, the off-street parking requirements are waived in the downtown core parking area and reduced to one space for every 500 square feet of retail and office use; and one space for every 200 square feet of restaurant use in the downtown transitional parking area. The downtown south parking area shall have parking requirements as required for other commercial uses in Table 17.03.060(A). These parking areas are delineated in the city of Hughson downtown parking areas map.

b. All Parking Areas.

i. Where vehicular parking spaces are shared and cooperatively operated by more than one use, the parking requirement for those uses may be eligible for reduction if either of the following circumstances apply:

(A) The uses attract vehicular traffic at different hours of the day or on different days of the week. Table 17.03.060(B) shows a number of uses that can effectively share parking based on these criteria.

Table 17.03.060(B) 

Peak Parking Demand for Example Land Uses

Weekday Daytime Peaks

Evening Peaks

Weekend Peaks

Banks

Auditoriums

Churches and other places for worship

Schools

Bars and dance halls

Parks

Wholesaling and distribution

Meeting facilities

Shopping centers

Factories

Restaurants

Residential

Medical clinics

Theaters

 

Offices

Residential

 

Professional services

 

 

(B) Visitors to the site are likely to park their cars once and visit more than one of the uses.

ii. Any person seeking a shared parking reduction shall apply for the reduction during development review before the planning commission, which shall be granted by the planning commission subject to the following findings:

(A) The applicant has shown the times that each use will make peak demand upon the parking lot.

(B) The applicant has demonstrated that the parking requirements of the uses do not conflict with one another.

(C) The applicant and any other parties with an interest in the parking lot have signed and recorded a legally binding agreement approved by the planning officer governing the shared use of the parking lot.

iii. In no case shall a shared parking reduction be granted such that the number of shared parking spaces to be provided is less than the largest number of spaces required for any one of the individual uses that will share the parking spaces. (Ord. 15-05 § 1, 2015; Ord. 11-05 § 2, 2011; Ord. 08-06 § 1, 2008)

17.03.062 Reasonable accommodation.

A. Purpose. The purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

C. Procedure.

1. A request for reasonable accommodation shall be submitted on an application form provided by the community development department or in the form of a letter to the director of community development department, and shall contain the following information:

a. The applicant’s name, address, and telephone number;

b. Address of the property for which the request is being made;

c. The current use of the property;

d. The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

e. The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and

f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (C)(1) of this section for concurrent review with the application for discretionary approval.

3. A request for reasonable accommodation shall be reviewed by the director of community development department or his/her designee, if no approval is sought other than the request for reasonable accommodation. The director or his/her designee shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review.

D. Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing in the request will be used by a person with a disability under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

3. Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the city;

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

5. Potential impact on surrounding uses;

6. Physical attributes of the property and structures; and

7. Other reasonable accommodations that may provide an equivalent level of benefit.

E. Conditions of Approval. In granting a request for reasonable accommodation, the director of community development department or his/her designee, or the planning commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

F. Appeals.

1. Any person dissatisfied with any action of the director of the community development department pertaining to this chapter may appeal to the planning commission within 10 days after written notice of the director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.

2. Any person dissatisfied with any action of the planning commission pertaining to this chapter may appeal to the city council within 10 days after the rendition of the decision of the planning commission. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.

3. The city council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

4. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

5. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least 10 days prior to the hearing.

6. The planning commission or city council shall review de novo, i.e., without reference to the conclusions or assumptions from the prior body, the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

7. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant. (Ord. 15-07 § 1, 2015)

17.03.064 Right to farm.

A. Purpose and Findings.

1. It is a goal of the city of Hughson general plan to work cooperatively with Stanislaus County to protect agricultural lands in and around Hughson. It is the policy of the city of Hughson to discourage the premature conversion of agricultural land to urban use, to direct growth away from areas established as prime farmland and/or under Williamson Act contracts, and to minimize conflicts between agriculture and urban uses. One purpose of this law is to reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.

2. It is also the intent of the city of Hughson to require new development adjacent to agricultural land to include deed restrictions recognizing the right to farm on neighboring parcels currently under agricultural production. A purpose of the notification requirement is to promote a good neighbor policy by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to agricultural land, as defined in HMC 17.01.090, and operations. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations, as defined in HMC 17.01.090, and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

3. This section is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations.

B. Nuisance. No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained on agricultural lands for commercial purposes and both necessary and reasonable for said activity, and in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be deemed a nuisance, private or public, after the same has been in operation for more than three years if it was not a nuisance at the time it began.

C. Deed Restriction. As a condition of approval of a discretionary development permit found in either HMC Title 16 or 17, including but not limited to tentative, vesting tentative, final, and parcel maps, conditional use permits, rezoning and prezoning, the owner(s) of the subject property shall be required to insert the deed restriction recited below. The deed restriction shall be recorded by the owner(s) and run with the land.

RIGHT TO FARM DEED RESTRICTION

Properly conducted agricultural operations are permitted within Stanislaus County, within the City of Hughson, and its Sphere of Influence. You are hereby notified that the property you are purchasing is in an agricultural area. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operations of machinery (including aircraft) during any 24 hour period. One or more of the inconveniences described may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Stanislaus County Agricultural Commission.

The City of Hughson Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate State, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency. This Right to Farm Deed Restriction shall be included in all subsequent deeds and leases for this property until such time as the City Council shall determine that such a restriction is no longer necessary.

D. Notification to Buyers. Every transferor of property subject to the notice recorded pursuant to subsection C of this section shall provide to any transferee in writing the notice of right to farm recited below. The notice of right to farm shall be contained in each offer for sale, counter offer for sale, agreement of sale, lease, lease with an option to purchase, deposit receipt, exchange agreement, rental agreement, or any other form of agreement or contract for the transfer of property; provided, that the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice.

The form of notice of right to farm is as follows:

NOTICE OF RIGHT TO FARM

Properly conducted agricultural operations are permitted within Stanislaus County and within the City of Hughson Sphere of Influence. You are hereby notified that the property you are purchasing/leasing/renting is in an agricultural area. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24 hour period. One or more of the inconveniences described may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Stanislaus County Agricultural Commission.

The City of Hughson Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency. This notification is given in compliance with Hughson Municipal Code Section 17.03.064. By initialing below, you are acknowledging receipt of this notification.

_______________

_______________

Transferor’s Initials

Transferee’s Initials

The failure to include the foregoing notice shall not invalidate any grant, conveyance, lease or encumbrance. The notice required by this section shall be included in every agreement for transfer entered into after the effective date of the ordinance codified in this section, including property subject to the deed restriction cited in subsection C of this section.

E. Right-to-Farm Notice.

1. To provide all affected property owners with constructive notice of the city of Hughson’s right-to-farm policy, a right-to-farm notice shall be mailed to all property owners. The right-to-farm notice shall contain and be substantially in the form of the following:

CITY OF HUGHSON

RIGHT-TO-FARM NOTICE

The City of Hughson recognizes and supports the right to farm agricultural lands in a manner consistent with accepted customs and standards. Residents of property in the City should be prepared to accept the inconveniences or discomforts associated with agricultural operations, including but not limited to noise, odors, flies, fumes, dust, the operation of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Hughson has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. If you have any questions concerning this policy, please contact the City of Hughson Planning Officer.

2. For all discretionary approvals of parcel maps or final maps involving agricultural land, or real property located adjacent to agricultural land, the planning officer shall include as a condition of approval that the final recorded map shall contain the following statement:

All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, flies, dust or fumes. The City of Hughson has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.

3. All building permits for new residential construction or mobile home placement shall be accompanied by a right-to-farm notice in substantially the form provided in subsection (E)(1) of this section.

F. Penalty for Violation. Failure to comply with any provision of this section shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this section is subject to the provision of HMC 17.04.004. This section is in no way intended to limit damages that may be awarded in nuisance suits.

G. Resolution of Disputes. Any dispute or controversy that arises regarding any inconveniences or discomforts occasioned by agricultural or agricultural processing operations or facilities should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties. (Ord. 08-06 § 1, 2008)

17.03.068 Right to industry.

A. Purpose and Findings.

1. The city of Hughson encourages industry that is compatible with the policies in the general plan. It is a declared policy of the city of Hughson that new development be compatible with surrounding land uses. Industrial and other land uses, in particular residential land uses, may be difficult to harmonize and are often considered incompatible. It is the purpose of this section to minimize conflicts between industrial and other urban uses. Another purpose of this section is to reduce the loss of industry by limiting the circumstances under which industrial operations may be deemed a nuisance.

2. It is also the intent of the city of Hughson to require new development adjacent to industrial land, as defined in HMC 17.01.090, to include deed restrictions recognizing the right to industry on neighboring parcels currently being used for industrial operations, as defined in HMC 17.01.090. A purpose of the notification requirement is to promote a good neighbor policy by informing prospective purchasers and tenants of nonindustrial land of the effects associated with living close to industry. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany industrial operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near industrial operations and be prepared to accept attendant conditions as the natural result of living in or near industrial areas.

3. This section is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations.

B. Nuisance. No industrial activity, operation, or facility, or appurtenances thereof, conducted or maintained on industrial lands for commercial purposes, and in a manner consistent with proper and accepted customs and standards as established and followed by similar industrial operations in the same locality, shall be or become a nuisance, private or public, after the same has been in operation for more than three years if it was not a nuisance at the time it began.

C. Deed Restriction. As a condition of approval of a discretionary development permit found in either HMC Title 16 or 17, including but not limited to tentative, vesting tentative, final and parcel maps, use permits, rezoning and prezoning, the owner(s) of the subject property shall be required to insert the deed restriction recited below. The deed restriction shall be recorded by the owner(s) and run with the land.

RIGHT TO INDUSTRY DEED RESTRICTION

The City of Hughson permits operation of properly conducted industrial operations within the City of Hughson. You are hereby notified that the property you are purchasing is in or near an industrial area. You may be subject to inconvenience or discomfort from lawful industrial operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, and/or the operations of machinery during any 24 hour period. One or more of the inconveniences described may occur as a result of industrial operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an industrial area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with an active industrial sector.

The City of Hughson Right to Industry Ordinance does not exempt industrial operators or others from compliance with law. Should an industrial operator or other person not comply with appropriate state, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency. This Right-to-Industry Deed Restriction shall be included in all subsequent deeds and leases for this property; the City Council shall determine that such a restriction is no longer necessary.

D. Notification to Buyers. Every transferor of property subject to the notice recorded pursuant to subsection C of this section shall provide to any transferee in writing the notice of right to industry recited below. The notice of right to industry shall be contained in each offer for sale, counter-offer for sale, agreement of sale, lease, lease with an option to purchase, deposit receipt, exchange agreement, rental agreement, or any other form of agreement or contract for the transfer of property; provided, that the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice.

The form of notice of right to industry is as follows:

NOTICE OF RIGHT TO INDUSTRY

The City of Hughson permits operation of properly conducted industrial operations within the City of Hughson. You are hereby notified that the property you are purchasing/leasing/renting is in or near an industrial area. You may be subject to inconvenience or discomfort from lawful industrial operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, and/or the operation of machinery during any 24 hour period. One or more of the inconveniences described may occur as a result of industrial operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an industrial area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with an active industrial sector.

The City of Hughson Right to Industry Ordinance does not exempt industrial operators or others from compliance with law. Should an industrial operator or other person not comply with appropriate state, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency. This notification is given in compliance with Hughson Municipal Code Section 17.03.068. By initialing below, you are acknowledging receipt of this notification.

________________

________________

Transferor’s Initials

Transferee’s Initials

The failure to include the foregoing notice shall not invalidate any grant, conveyance, lease or encumbrance. The notice required by this section shall be included in every agreement for transfer entered into after the effective date of the ordinance codified in this section, including property subject to the deed restriction cited in subsection C of this section.

E. Right-to-Industry Notice.

1. To provide all affected property owners with constructive notice of the city of Hughson’s right-to-industry policy a right-to-industry notice shall be mailed to all owners of property. The right-to-industry notice shall contain and be substantially in the form of the following:

CITY OF HUGHSON

RIGHT-TO-INDUSTRY DISCLOSURE NOTICE

The City of Hughson recognizes and supports the right to industry in a manner consistent with accepted customs and standards. Residents of property in the City should be prepared to accept the inconveniences or discomforts associated with industrial operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any 24-hour period.

The City of Hughson has determined that inconveniences or discomforts associated with such industrial operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. If you have questions about this policy please contact the City of Hughson Planning Officer.

2. For all discretionary approvals of parcel maps or final maps involving industrial land, or real property located adjacent to industrial land, the planning officer shall include as a condition of approval that the final recorded map shall contain the following statement:

All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with industrial operations, such as noise, odors, dust or fumes. The City of Hughson has determined that such inconveniences shall not be considered to be a nuisance if industrial operations are consistent with accepted customs and standards.

3. All building permits for new residential construction or mobile home placement shall be accompanied by a “right-to-industry notice” in substantially the form provided in subsection (E)(1) of this section.

F. Penalty for Violation. Failure to comply with any provision of this section shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this section is subject to the provisions of HMC 17.04.004. This section is in no way intended to limit damages that may be awarded in nuisance suits.

G. Resolution of Disputes. Any dispute or controversy that arises regarding any inconveniences or discomforts occasioned by industrial uses or facilities should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties. (Ord. 08-06 § 1, 2008)

17.03.072 Secondary dwelling units.

A. Purpose. To provide for the creation of one new secondary dwelling unit, consistent with the general plan and all relevant provisions of state law, on lots already containing a legally created single-family detached unit in all residential districts where permitted.

B. Requirements. Secondary dwelling units shall meet the following requirements:

1. Maximum Number of Units. Secondary dwelling units shall not be constructed on any lot that is already developed with more than one dwelling unit; and

2. Maximum Size. The total floor area for a detached second dwelling unit shall not exceed 1,200 square feet or a maximum of 30 percent of the primary dwelling unit’s living area, whichever is greater; and

3. Sale or Lease. The unit is not intended for sale and may be rented.

C. Efficiency Units. Notwithstanding any other provision of this section, an attached unit that qualifies as an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, shall be allowed regardless of the size of the unit.

D. Development Standards. Second dwelling units shall conform to all development requirements for the applicable district, including but not limited to the following:

1. The combined lot coverage of the primary dwelling unit, the secondary dwelling unit and any accessory structures on the parcel shall not exceed the maximum allowable lot coverage.

2. A second dwelling unit shall be subject to the same development standards as the primary dwelling unit, and this building shall be subject to the development standards of the applicable district.

3. Off-street parking shall be provided in accordance with the provisions of HMC 17.03.060.

4. The construction of second dwelling units shall comply with all city building requirements as described in HMC Title 15 and any other relevant codes in effect at the time of construction.

5. Secondary dwellings associated with historic buildings or structures shall be subject to the requirements of HMC 17.03.040.

6. Exterior materials and colors shall match those existing on the primary dwelling unit. Roof pitch and style shall be consistent with that of the main dwelling unit. Variations in roof line may be permitted if the design is necessary to meet certain building code requirements such as minimums for living area ceiling heights.

E. Fees. The construction of second units shall be subject to the payment of all fees applicable to the construction of a single-family dwelling on the same property.

F. Approval.

1. Provided that all requirements of this section are met, the planning officer shall approve the application for a secondary dwelling unit and issue a zoning clearance.

2. The secondary dwelling unit shall be exempt from the calculation of density under the requirements of the relevant zoning district. (Ord. 08-06 § 1, 2008)

17.03.076 Sidewalks, curbs and gutters.

A. Purpose. The purpose of this section is to correct any deficiencies that exist in curbs, gutters, and sidewalks in the city, to ensure that pedestrians can walk separated from vehicular traffic and to ensure proper drainage.

B. General Regulations.

1. Sidewalks, curbs and gutters shall be required of all lot owners to whom a building permit is granted, except in the following cases:

a. The expansion of a structure by less than 20 percent of the existing floor area or 400 square feet, whichever is less. This exemption shall not apply where two or more permits are obtained for the same structure which, together, increase the floor area of that building by more than 20 percent of the existing floor area or 400 square feet within a three-year period.

b. Remodel of a single-family dwelling involving the demolition of less than 50 percent of the exterior walls.

c. Reconstruction of a building that has been damaged by fire or natural calamity involving the addition of no more than 1,000 square feet beyond the original floor area.

d. Minor improvements including but not limited to the installation of swimming pools, open patio covers, decks, signs, fireplaces, fish ponds, gas tanks, flagpoles, reroofing and window changes.

e. Lot owners obtaining building permits for the construction of a second dwelling unit in a residential zoning district, so long as the second unit is less than 400 square feet or 50 percent of the primary residence, whichever is less.

2. Sidewalks, curbs, and gutters shall be constructed and maintained as described in Chapter 12.28 HMC and in accordance with plan lines established by the city of Hughson streets master plan. (Ord. 08-06 § 1, 2008)

17.03.080 Signs.

A. Purpose. The purpose of this section is to provide minimum standards to safeguard the life, health, property, and public welfare and to enhance the aesthetic character of development in the city, by regulating and controlling the design, number, area, height, quality of materials, construction, illumination, location and maintenance of all signs and sign structures and to implement the purposes, policies and programs of the general plan.

This section is intended to ensure that signs effectively attract and direct persons to various activities and enterprises, thereby providing for maximum public convenience and promoting the economic viability of businesses, while safeguarding the following city goals:

1. To promote and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs;

2. To limit visual clutter; and

3. To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship, spacing, and location.

B. Applicability. This section shall apply to all permanent and temporary signs as defined in HMC 17.01.090, including those within buildings that are visible from the street, except the following:

1. Official Signs. Official signs posted pursuant to and in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).

2. Interior Signs. Signs located in the enclosed lobby or court of any building or group of buildings, which are not visible from or located within the public right-of-way.

3. Window Signs. The size of signs in windows shall not be restricted.

4. Informational Signs. Signs for the safety and convenience of the public such as “restrooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature, up to two square feet per sign, unless a larger sign is otherwise required by state or federal law.

5. Temporary Political Signs. Nonilluminated signs intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental elections are permitted in any number, either freestanding or attached, limited to a total sign area of six square feet per sign in residential zones and not exceeding 32 square feet in other zones. Any such sign shall be erected not earlier than 90 days prior to an election and shall be removed within 10 days after such election. No such sign shall be erected on private property without the property owner’s consent. No such sign shall be located within 100 feet of a polling place.

6. Nameplates, Street Addresses, and Building Directories. Street addresses and nameplates not exceeding two square feet in area for single-family or duplex structures and four square feet per sign for all other uses, and displaying only the name of the premises upon which it is displayed; the name of the owner or lessee of such premises; and/or the address of such premises. Buildings with more than five occupants may have building directories not to exceed nine square feet, affixed flat against the wall of a building, or as a ground or monument sign, which only show the name and/or address of the persons or entity occupying the building.

7. Seasonal Decorations. Holiday greetings, decorations, and displays, such as those which relate to any religious or legal holiday, excluding advertising signs disguised as seasonal decorations.

8. Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of construction, provided the sign does not exceed four square feet in area.

9. Flags. The flag of the United States of America, a state, county, city, school, or duly constituted governmental body, or charitable, civic, or nonprofit organization, when not intended to be displayed for advertising purposes.

10. Artwork. Any sculpture, display or decoration clearly intended to be a work of art rather than related to the use of the property, as determined by the planning officer. Any decision of the planning officer relative to artwork may be appealed as provided in HMC 17.04.004.

11. Bulletin Boards. Bulletin boards not over 24 square feet in area and no higher than the lowest point of the roofline of the nearest structure on or off the property, for public, charitable or religious institutions when the bulletin boards are located on the premises of such institutions.

12. Religious Symbols. Nonilluminated, religious symbols on the site of a religious institution, as long as the symbol is not higher than the overall height of the building on the same site, except as may be permitted by planning commission approval.

13. Real Estate Signs.

a. One nonilluminated sign on each street frontage for any lot or building which serves solely to advertise the sale, lease or rental of or an offer to build to suit on the premises where the sign is located, provided the sign does not exceed 24 square feet in area and 10 feet in height if the sign is in a commercial or industrial zone, or six square feet in area and four feet in height if the sign is in a residential zone.

b. Three nonilluminated open house directional signs, each not exceeding three square feet in area and 42 inches in height, which shall be permitted during daylight hours only in the general vicinity of the open house, provided they do not contain any advertising message other than the real estate office and that such signs are located on private property with permission of the property owner.

14. Garage Sale Signs. Three signs may be permitted to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, not to exceed six square feet in area nor six feet in height, provided the resident has obtained any permit that may be required by HMC 17.03.088. Placement of signs within the public right-of-way shall not be allowed.

C. Application Requirements. Permanent signs regulated by this section shall require an administrative permit, subject to the requirements of HMC 17.04.008 and this section. Temporary signs shall require a zoning clearance, subject to the requirements of HMC 17.04.052 and this section. Applicants for both shall submit materials showing how they have met the requirements of this section and any information deemed necessary by the planning officer. Applications shall be accompanied by a fee as determined by the city council.

D. General Standards for Permanent Signs. General requirements for permanent signs as defined in HMC 17.01.090 shall be as follows:

1. Materials and Structural Components.

a. All outdoor signs shall be constructed of durable, weatherproof materials.

b. All materials, structural components, and methods of illumination shall meet the applicable requirements of HMC Title 15.

2. Lighting.

a. Any sign that includes lighting shall conform to the lighting performance standards in HMC 17.03.056.

b. Any conduits or wires that are connected to a sign’s lighting source shall be screened or hidden from view where practical.

3. Location.

a. On-Site Location Required. All signs shall be located on the same site as the use with which they are associated, except as provided otherwise in this section.

b. Placement for Public Safety. No sign shall be placed in a location where the sign would obstruct an entry or exit to a building or a safety device such as a fire alarm. In addition, no sign shall be located so as to obstruct a required sight distance area.

c. General Placement Requirements. The permitted signs for a use shall be located on the street-facing portion of the building or site where that use is located, except as follows:

i. Where a building is located on a one-way street, or where public visibility of the front face or front entrance of the building is limited or impaired, permitted signs may be placed on the side or rear portion of the building or site; provided, that the signs conform to all applicable requirements for the size and number of signs.

ii. Where a use is in a multi-tenant building and has no street-facing, ground-level frontage, signs for the use shall be limited to a building directory sign placed at the building entrance, or on a multi-tenant monument sign if that type of sign is allowed, except as provided elsewhere in this section.

d. Frontage on Multiple Streets. On lots where a building has frontage on multiple streets, signs may be placed on any street frontage. The permitted sign area for each building frontage shall not be transferred between the frontages.

4. Area. The area of a sign shall be calculated as follows, and as shown in Figure 17.03.080.1:

Figure 17.03.080.1. Measurement of sign area.

a. The area of each face of a sign shall be measured as the area of the smallest rectangle or circle that encloses all of the following:

i. Any words, characters, symbols and images on the sign face.

ii. Any border or frame around the information on the sign face.

iii. Any background color on the sign face.

b. The area of a sign with two parallel faces of different sizes, such as a projecting sign, shall be measured as the area of the largest face, as shown in Figure 17.03.080.2.

Figure 17.03.080.2. Measurement of area of signs with two parallel faces of different sizes.

c. The area of a spherical, conical, cylindrical or other nonrectangular three-dimensional sign shall be measured as the maximum projection of that sign onto a vertical plane, as shown in Figure 17.03.080.3.

5. Height. The height of a sign shall be measured from the ground level or grade at which the sign is placed to the highest point of the sign, including any decorative or supporting structures associated with the sign.

6. Vertical Clearance. All signs shall provide a minimum vertical clearance of 14 feet above vehicular circulation areas and eight feet above pedestrian circulation areas; provided, however, that awnings shall have a minimum vertical clearance of seven feet above pedestrian circulation areas.

7. Maintenance. All signs, together with all of their supporting structural elements, shall be kept in a state of good repair at all times. Failure to comply with this requirement shall be considered a violation of this section.

Figure 17.03.080.3. Measurement of three-dimensional signs.

E. Standards for Specific Types of Permanent Signs.

1. Awning Signs. Awning signs shall meet the requirements listed below and shall be as illustrated in HMC 17.01.090:

a. May be placed at the sides or ends of the awning and shall not project from the surface of the awning.

b. Shall cover no more than 50 percent of any side of the awning.

2. Freestanding Signs. Freestanding signs shall meet the requirements below as illustrated in HMC 17.01.090:

a. Shall not be placed adjacent to any building frontage that measures less than 75 feet in width, or with a building with a setback of less than 25 feet.

b. A minimum distance of 75 feet shall separate any two freestanding signs.

c. Where practical, freestanding signs shall be placed so that the sign face is perpendicular to the adjacent right-of-way.

d. The maximum width of a freestanding sign shall be one-quarter of its height.

e. No portion of a freestanding sign shall be placed on or project above a public right-of-way.

f. Freestanding signs are not permitted to obstruct traffic visibility.

g. The maximum height of freestanding signs is six feet, and the maximum allowable sign area is eight square feet.

3. Monument Signs. Monument signs shall meet the requirements below, as shown in Figure 17.03.080.4 and shall be as illustrated in HMC 17.01.090:

Figure 17.03.080.4. Location of monument signs.

a. Monument signs shall not be placed adjacent to any building frontage with a setback of less than 15 feet from the public right-of-way.

b. A minimum distance of 50 feet shall separate any two monument signs.

c. Where practical, monument signs shall be placed so that the sign face is perpendicular to the adjacent right-of-way.

d. The maximum height of a monument sign shall be eight feet, except as provided otherwise in this section.

4. Projecting Signs. Projecting signs shall meet the requirements below and shall be as illustrated in HMC 17.01.090:

a. Projecting signs may be provided only for uses located on the ground floor of a building.

b. A projecting sign may include a projection above a maximum of five feet of the width of a public right-of-way; provided, that the sign includes the minimum vertical clearance specified by subsection (D)(6) of this section and provides a two-foot horizontal clearance from the curb face.

c. In a multi-story building, projecting signs shall be placed at or below the sill of the second floor windows in a multi-story building.

d. No part of a projecting sign shall extend more than one-third of the sign height or eight feet, whichever is less, above the top of the portion of the building facade that is adjacent to the sign.

e. Where practical, projecting signs shall be placed so that the sign face is perpendicular to the adjacent right-of-way.

f. The total area of a projecting sign shall not exceed 50 square feet.

g. The thickness of any projecting sign shall not exceed one foot.

5. Reader Boards. Reader boards, as defined in HMC 17.01.090, shall meet the requirements below:

a. May be provided as part of any allowed sign.

b. The area of a reader board shall be counted toward the total allowed area of the sign and shall not exceed 40 square feet on any one face; in no case shall a reader board be provided on more than two faces of a sign.

6. Wall Signs. Wall signs shall meet the requirements below and shall be as illustrated in HMC 17.01.090.

a. No part of a wall sign shall extend more than one-third of the sign height or eight feet, whichever is less, above the top of the portion of the building facade that is adjacent to the sign.

b. The thickness of any wall sign shall not exceed one foot.

7. Permanent Signs for Single-Family Homes in Residential Districts.

a. One unlighted nameplate not more than two square feet in area announcing the name of an on-site business is permitted, providing that a home occupancy permit has been approved for the occupants of the dwelling.

b. For single-family residential subdivisions, one monument sign identifying the name of the development may be permitted on each side of the main entrance. The sign, or lettering on a wall or fence, may not exceed 20 square feet in area. The sign shall be located in a landscaped common or dedicated area, and shall not be permitted to obstruct traffic visibility. Property owners shall make provisions for the ongoing maintenance of the sign and landscaping.

8. Permanent Signs for Multifamily Homes in Residential Districts. One attached, project identification ground or monument sign per street frontage is permitted, not to exceed 20 square feet per face. For projects with 30 or more dwelling units, additional ground or monument project identification signs may be permitted if warranted, at the discretion of the planning officer.

9. Permanent Signs for Retail and Commercial Districts. The following regulations apply to single-occupant buildings, or multiple-occupant buildings located on sites less than one acre in size. Shopping centers, single-occupant and multi-occupant commercial buildings located on sites more than one acre in size are described in subsection (E)(10) of this section.

a. Any number of attached signs are permitted, as long as the total area does not exceed one square foot of sign area per lineal foot of primary street frontage, and one-half square foot of sign area per lineal foot of secondary street frontage. However, no sign shall be required to be smaller than 50 square feet of total sign area.

b. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet clearance above the sidewalk and two feet from the face of the curb.

c. One ground or monument sign is permitted, not to exceed 25 square feet in area and six feet in height.

d. In addition to the allowable signs noted above, one freestanding or attached menu board may be permitted for uses with drive-through windows, subject to the approval of the planning officer. These signs may not be located within any required setback, may not be located along the primary street frontage, and may not be permitted to obstruct traffic visibility. The main function of this type of sign is for customer convenience rather than business advertisement.

10. Permanent Signs for Shopping Centers, Single-Occupant and Multi-Occupant Commercial and Industrial Buildings on Sites Over One Acre in Size.

a. Freestanding Center Identification Signs. In addition to the occupant identification signs permitted in this section, business centers located on sites greater than one acre may have a maximum of one freestanding center identification sign not exceeding 150 square feet per side, or one-half square foot of sign area per lineal foot of street frontage, whichever is less. On business centers over five acres in size that have frontage on more than one street, two such signs, one for each frontage, are permitted. These signs may not exceed a maximum height of 25 feet. Freestanding center identification signs shall be located in a landscaped portion of the front setback.

b. In addition to other signs allowed by this section, one ground or monument sign identifying the name of the development may be permitted on each side of the main entrance. The sign, or lettering on a wall, may not exceed 30 square feet in area. The signs shall be located in a landscaped planter or setback, and shall not be permitted to obstruct traffic visibility.

11. Permanent Signs for Industrial Uses. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet above the sidewalk and two feet from the face of the curb.

a. Any number of attached signs are permitted, as long as the total area does not exceed one square foot of sign area per lineal foot of primary street frontage, and one-half square foot of sign area per lineal foot of secondary street frontage; provided, that the maximum area per sign does not exceed 100 square feet.

b. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet above the sidewalk and two feet from the face of the curb.

c. One ground or monument sign is permitted, not to exceed 30 square feet in area and six feet in height.

F. General Requirements for Temporary Signs. All temporary signs, as defined in HMC 17.01.090 and allowed by this section, shall be free of lighting or illumination of any kind and shall not include any permanent construction. Temporary signs shall be permitted to provide information on events and conditions of a short and limited time duration. Temporary signs shall be allowed for a specified period of time as determined by the planning officer. Permitted temporary signs include but are not limited to residential development sale signs, grand opening signs, construction signs, sale and promotion signs, going out of business signs, and temporary business identification signs for use prior to the installation of permanent business identification signage.

G. Standards for Specific Types of Temporary Signs. Other types of signs shall be subject to the general requirements of subsection F of this section and the rest of this section unless the planning officer determines that they shall be exempt.

1. Portable or “A-Frame” Signs. Portable signs shall be allowed in nonresidential districts, subject to the following requirements:

a. A business may display one portable sign, with a maximum area of eight square feet on each face and a maximum of two faces. The sign shall be displayed on the premises of, or on a sidewalk adjacent to, the property on which the business is located. These signs may only be displayed during the hours of operation of the business.

b. Portable signs shall have a maximum height of three feet and a maximum width of two feet, and they shall occupy no more than three square feet of ground area.

c. No portable sign shall be placed within 10 feet of any other portable sign.

d. No portable signs shall be placed where they would obstruct the movement of pedestrians.

e. Portable signs located on a public sidewalk shall be subject to an administrative permit conditioned upon the owner assuming all liability for the sign and indemnifying the city for any liability arising out of the sign’s location on a public sidewalk.

f. For shopping centers, office complexes and any other development where multiple tenants share a building or complex of buildings, a maximum of one portable sign for each three tenants may be displayed at any given time, up to a maximum total of four portable signs.

2. Food Merchants. Food merchants may post signs made of paper or cardboard, which are affixed to the merchant’s building for a period not to exceed 365 days.

3. Development Signs. Temporary development signs, such as those identifying a subdivision and providing sales, shall be allowed subject to the following requirements:

a. A maximum of two on-site, nonilluminated double-faced signs advertising a residential subdivision are permitted, limited to 32 square feet per side, two sides maximum, and eight feet in height, located a minimum of 10 feet from the street right-of-way. These signs shall be removed not later than two years from the recording date of the subdivision, except that the planning officer may grant one-year time extensions until 90 percent occupancy is reached.

b. Two nonilluminated off-site subdivision sales signs identifying the location of a residential subdivision shall be permitted, limited to 32 square feet per side, two sides maximum, and eight feet in height. The sign shall be located on private property, a minimum of 10 feet from the street right-of-way, where it shall not constitute a traffic hazard. These signs shall be removed no later than two years from the recording date of the subdivision, except that the planning officer may grant one-year extensions until 90 percent occupancy is reached.

c. Additional on-site signs containing information about the model name or number, floor plan, area or price are permitted in residential subdivisions, provided there is not more than one such sign for each model. Signs concerning models shall not have an area exceeding three square feet nor a height of more than three feet, and shall be located immediately adjacent to the model to which they refer. Signs authorized under this section shall not be erected until the subdivision map is recorded and building permits are issued for the construction of the project.

d. One banner for grand openings not to exceed 72 square feet in area or 20 feet in height may be permitted within the boundaries of the recorded subdivision. In addition, a maximum of four flags not to exceed 20 feet in height and eight square feet in area may be permitted within the subdivision.

e. One nonilluminated sales office sign which shall not exceed 12 square feet in area may be permitted to be attached to the model home or temporary trailer, and shall not be higher than the plane surface to which it is attached.

f. Temporary development signs shall be removed within 30 days of the completion of construction or the sale of all available parcels or units, as applicable.

4. Grand Opening and Special Event Signs. Temporary signs used in conjunction with a grand opening and/or special event are permitted as long as the grand opening or special event does not exceed 30 calendar days. Signs displayed in conjunction with permits issued for temporary uses as described in HMC 17.03.088 shall specify the number and area of signs and permit their use for the duration of the permit.

5. Construction Signs. One such sign not to exceed 40 square feet in area and eight feet in height is permitted per building site, located a minimum of 10 feet from the street right-of-way line. No construction sign shall be erected prior to the issuance of a building permit, and must be removed upon expiration of a building permit or occupancy of the completed structure. In addition to information on the new building(s), and/or identification of architects, engineers, contractors and financiers, the sign may include a sketch or architectural rendering of the building under construction.

H. Sign Programs.

1. Purpose. Sign programs are specifically intended to address the unique needs of certain uses and properties that include multiple uses on one site, or multiple signs for uses with special sign needs. Sign programs shall be used to achieve aesthetic compatibility between the signs within a project and provide flexibility in the number, size, location and type of signs.

2. Applicability. Sign programs are permitted, and may be required by the planning commission when issuing a conditional use permit or as a condition of development review, specifically for the following:

a. The downtown district, as shown in Figure LU-1 of the city’s general plan.

b. Shopping centers, and any other building or complex of buildings that contain multiple tenants on one or more contiguous sites.

c. Automobile or other vehicle sales.

d. All uses within a planned development district.

3. Modification of Standards. A sign program may modify any of the following standards of this section:

a. The number of signs allowed.

b. The size allowed for an individual sign; provided, however, that the total area of all signs in the sign program shall not exceed the total area allowed by this section by more than 10 percent.

c. The maximum height of monument and freestanding signs that display information for multiple tenants; provided, however, as follows:

i. The height shall not exceed 15 feet.

ii. The maximum height shall not be increased for signs in a residential district.

d. The location and type of signs allowed; provided, however, as follows:

i. A sign program shall allow no more than one sign to be placed off site, in addition to any off-site signs that may be allowed by this section.

ii. A sign program shall not include a prohibited sign.

4. Design Requirements.

a. Sign programs shall be designed so that all signs have visually compatible themes and placement.

b. Signs shall draw from a common palette of materials, colors, shapes, lettering types and sizes, and illumination methods. This common palette shall be compatible with the architecture and scale of the site’s buildings, as well as the architecture and design of buildings and signs on other nearby properties.

5. Review of Sign Programs. All sign programs shall be subject to development review, in accordance with the requirements of HMC 17.04.020 and the requirements of this section. Development review of a sign program shall be limited to consideration of the following issues:

a. Whether the signs included in the sign program have one or more common design elements, such as their placement, colors, materials, illumination, sign type, sign shape, letter size and lettering type.

b. Whether the colors, materials, size and placement of the signs included in the sign program are compatible with the materials, architecture and scale of the buildings and signs on the site, and on other sites in the area.

c. Whether the number and placement of signs included in the sign program is similar or dissimilar to the number and placement of signs on other nearby properties.

d. Whether the signs included in the sign program conform to the requirements of this section, as well as any applicable specific plan or design guidelines adopted by the city.

I. Violations.

1. If the planning officer shall find that any sign which has been constructed or erected or is being maintained in violation of the provisions hereof, written notice shall be given of such conditions to the permittee or, in the event no valid permit exists, to the owner thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth, within 30 days after such notice, such sign may be removed or altered to comply when so directed by the planning officer and such cost shall be at the expense of the permittee or the owner of the property upon which the sign is located.

2. Any sign found to be unsafe and an immediate peril to persons or property may be removed summarily and without notice when so directed by the planning officer. The cost of such removal shall be assessed against the owner of the sign removed.

3. Any sign erected upon public property in violation of the provisions hereof may be removed or destroyed when so directed by the planning officer.

4. The cost of removal or alteration of any sign and any expense incident thereto which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other person, shall become a debt owing the city. The city may initiate civil action in its own name for collection of the debt.

J. Prohibited Signs. Except as otherwise provided in this section, the signs described in this subsection are prohibited:

1. Signs constituting a potential traffic hazard by being placed in such a manner as to obstruct free and clear vision of pedestrian or vehicular traffic, or signs which simulate in size, color, lettering or design any traffic sign or signal. Any sign erected, posted or displayed by any private person or entity, without authorization as provided in HMC Title 10, which purports to regulate or control parking on public streets or use of the public ways or streets, shall be immediately removed, and the erection, posting, or displaying of any such sign shall be a misdemeanor.

2. Signs within the public right-of-way, including those on street trees, utility poles, street signals, street lights, street name signs, or traffic warning signs, except signs permitted by the following:

a. Temporary signs may be posted on any publicly owned kiosk that provides space intended for the posting of signs.

b. Official signs posted or required by a government agency, or a public utility or service, may be affixed to structures in the public right-of-way.

3. Signs consisting of any moving, swinging, rotating, flashing, blinking, or otherwise animated components, with the exception of barber poles, clocks or thermometers and time-temperature signs.

4. Windblown devices and signs whose movement is designed to attract attention, such as pennants, flags, inflatable signs or balloons, inflatable animals or similar signs, with the exception of those specifically permitted or exempted by this section.

5. Vehicle signs or signs painted or affixed to vehicles which are parked on the premises for a period in excess of 24 hours shall be considered signs within the meaning of this section and shall be specifically prohibited except such signs as are normally displayed on business vehicles.

6. Portable signs or freestanding signs not permanently affixed, anchored, or secured to the ground or structure on the lot they occupy, unless specifically allowed by this section.

7. Obstructing signs or signs erected, constructed and maintained upon or over the roofline of any building.

8. Roof signs, or any signs erected, constructed and maintained upon or over the roofline of any building.

9. Any sign located on vacant or unoccupied property that was erected for a business which has since vacated the premises.

10. Signs that bear or contain obscene or indecent statements, words, or pictures that offend public morals or decency. Whether this provision is applicable in regard to a sign shall be determined by the planning officer. Any decision of the planning officer in regard to such signs may be appealed as provided in HMC 17.04.004.

K. Nonconforming and Obsolete Signs.

1. Obsolete Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises. If the owner or lessee fails to remove the sign after the business has been discontinued, the planning officer shall issue the owner a citation. If the sign is not removed within 90 days after the citation has been issued, the sign shall be deemed in violation of this section and shall be removed as provided in subsection J of this section.

2. Allowances and Requirements for Conformance. Existing, nonconforming signs shall be allowed to remain in use, except as follows:

a. Any structural modifications to a nonconforming sign shall require immediate conformance with the requirements of this section.

b. If a business or use for which the nonconforming sign is provided has been discontinued for a continuous period of more than 90 days, the sign and its associated structures shall be removed or brought into conformance with the requirements of this section.

c. If more than 50 percent of a nonconforming sign is destroyed, and structural repairs are required to restore the sign to good condition, the sign shall be removed or brought into conformance with the requirements of this section.

3. Exceptions.

a. If, in the opinion of the planning commission, the provisions of this section would seriously hamper a business because of the impossibility of locating a new sign in a position where it would not be completely obstructed by existing signs, the planning commission may grant a variance allowing a nonconforming sign to be retained or modified, or a new nonconforming sign to be erected.

b. Lawfully erected off-premises signs, including billboards, shall be required to be removed in accordance with the provisions of Section 5412 et seq. of the Business and Professions Code.

c. A sign that is part of a historic building or structure, as described in HMC 17.03.040, shall be deemed nonconforming only if at least one of the following conditions applies:

i. The sign does not contribute to the historic significance of the historic building or structure.

ii. The sign poses an immediate threat to public safety. If the sign is deemed nonconforming solely because it threatens public safety, the sign shall be repaired or modified, if possible, rather than removed. (Ord. 08-06 § 1, 2008)

17.03.084 Telecommunications facilities.

A. Purpose.

1. To permit reasonable use by property owners of their property while protecting the rights of neighbors and others within the community from unsightly intrusion associated with telecommunications facilities; and

2. To provide specific regulations regarding telecommunications facilities, as allowed by federal law, to facilitate orderly and aesthetically pleasing development within the city.

B. Applicability. Telecommunications facilities, including but not limited to satellite receiving dishes and wireless telecommunications facilities, are subject to the requirements of this section, to the extent permitted by the federal Telecommunications Act of 1996. Nothing in this section shall be construed to preempt any state or federal statute or the order, rule or regulation of any state or federal regulatory agency empowered to make any such order, rule or regulation. Radio and television antennas that do not exceed the height limits described in HMC 17.03.020 are not further regulated by this section.

C. Application. Satellite dishes subject to the requirements of this section shall require an administrative permit and shall follow the process described in HMC 17.04.008, except as required otherwise by this section. Wireless communication facilities subject to the requirements of this section shall require a conditional use permit and shall follow the process described in HMC 17.04.012, except as required otherwise by this section. Applications shall indicate how the facilities will meet the requirements of this section and shall include the information deemed necessary by the planning officer.

D. Satellite Dishes. The following regulations apply to satellite dishes of any size:

1. All electrical and antenna wiring shall be placed underground or otherwise obscured from view.

2. All dishes shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.

3. Satellite dishes that are not in use shall be removed within 30 days of the date of final use.

E. Requirements for Satellite Dishes Less Than or Equal to One Meter (39.37 Inches) in Diameter. Satellite dishes less than or equal to one meter (39.37 inches) in diameter shall not require an administrative permit, but shall require a zoning clearance, in addition to meeting all applicable requirements of this section.

F. Requirements for Satellite Dishes Larger Than One Meter (39.37 Inches) in Diameter. The following additional regulations apply to dishes larger than one meter (39.37 inches) in diameter:

1. The city shall encourage ground-level installation of all satellite dishes.

2. The satellite dish shall be obscured from view of any public right-of-way to the extent possible. Any dish which cannot meet this requirement may nevertheless be permitted if the planning commission shall approve it.

3. The satellite dish shall be placed a minimum of five feet from any property line.

4. The satellite dish shall be securely mounted and anchored to the ground in accordance with the requirements of the manufacturer and the building code.

5. The satellite dish shall not be permitted in front yards or, in the case of corner lots, a side yard.

6. All satellite dishes to be installed in nonresidential zones shall be reviewed and approved by the planning commission under the provisions of a conditional use permit.

7. Satellite dishes shall be effectively screened by a fence, wall or dense screen hedge subject to the requirements of HMC 17.03.028.

G. Requirements for Wireless Telecommunications Facilities.

1. Location Requirements.

a. Location preference for wireless communications facilities should be given to publicly used structures, co-location and shared-location sites, and industrial or commercial sites.

b. Monopoles for new wireless communications facilities should avoid sites within residential, agricultural, or designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the planning commission that the following findings can be made:

i. The location of the proposed facility site is essential to meet the service demands of the carrier, and no other alternative facility site or type of antenna support structure is feasible; and

ii. The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources, and public safety.

c. Wireless communications facilities shall be attached or sited adjacent to existing structures unless the applicant demonstrates to the satisfaction of the planning commission that no other technically feasible site exists or that construction of a freestanding facility on or at a distant location from an existing structure will minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. Appropriate types of existing structures include buildings, water tanks, telephone and utility poles, signage and sign standards, traffic signals and light standards.

2. Design Requirements.

a. Based on potential aesthetic impact, the order of preference for facility type is: facade-mounted, roof-mounted, ground-mounted, and freestanding tower. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not feasible.

b. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the applicant’s coverage objectives.

c. Roof-mounted wireless telecommunications facilities shall be located in an area of the roof where the visual impact is minimized.

d. When wireless telecommunications facilities are co-located, the planning commission may limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.

3. Height Requirements. Wireless telecommunications facilities shall be subject to the height limits of the district in which they are located, except for the exceptions listed in HMC 17.03.020.

H. Findings. In order to approve a telecommunications facility pursuant to this section, the planning commission must make the following findings:

1. The facility is in compliance with all applicable state and federal laws; and

2. The design, location, and height is as unobtrusive as possible, while meeting the applicant’s communications needs. (Ord. 08-06 § 1, 2008)

17.03.088 Temporary uses and buildings.

A. Applicability. All temporary uses and buildings are required to obtain either an administrative permit following the requirements of HMC 17.04.008 or a conditional use permit following the requirements of HMC 17.04.012, except as provided in this section.

B. Uses Allowed as of Right. The following temporary uses and buildings are permitted as of right; provided, that they comply with all other applicable regulations:

1. The use of a facility as a polling or voting place for an election conducted by the city or other government agency.

2. The conducting of a garage, patio, rummage or yard sale on a residential property, or a block sale held on several residential properties. In order to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones, garage, yard or rummage sales may be conducted only as follows:

a. No more than two sales may be conducted in any one calendar year, except that churches, charitable organizations, schools and other nonprofit organizations may hold no more than 10 sales in any one calendar year.

b. Each sale shall last no more than two consecutive days beginning each day no earlier than 8:00 a.m. and ending no later than 8:00 p.m., and shall be held no sooner than 90 calendar days after a prior sale.

c. Only a temporary advertising sign conforming to the requirements of HMC 17.03.080 shall be permitted, and posting the sign earlier than one day prior to the sale or for more than one day after the sale shall be prohibited.

d. Personal property sold at a sale shall not include secondhand goods obtained for purposes of resale.

3. A temporary outdoor sale conducted adjacent to, and in conjunction with, an approved commercial use.

4. A car or vehicle wash for which compensation is collected; provided, that:

a. The car or vehicle wash is held by a charitable organization for fundraising purposes and proceeds are used solely for charitable purposes, not for the private gain of any person.

b. The car or vehicle wash is held for no more than two days within a three-month period.

c. All activity is conducted on private property outside of the public right-of-way.

5. An on-site construction yard, construction office, scaffolding, material yard or debris container, in conjunction with an approved building permit, so long as all conditions associated with city permits are followed.

6. The use of an unimproved property in a nonresidential zoning district as a parking lot; provided, that the use continues no longer than 30 days in any one-year period.

7. A temporary emergency shelter that is needed to ameliorate the effects of a declared emergency or disaster; provided, that the shelter facilities are approved by the planning officer and fire marshal prior to use and no other emergency shelter is operated within 500 feet.

C. Uses Subject to Administrative Permit.

1. The following temporary uses and buildings are required to obtain an administrative permit as provided in HMC 17.04.008:

a. A temporary retail use; provided, that:

i. The retail use occupies an area no larger than 100 square feet;

ii. The retail use is on the same property as an approved commercial use; and

iii. The retail use does not conflict with any other regulation or permit.

b. Carnivals, circuses, fairs, races, concerts, bazaars, farmers’ markets and similar events, for a maximum of five days in any 30-day period.

c. A temporary real estate office.

d. The sale of seasonal holiday products, including but not limited to Christmas trees, pumpkins and fireworks in a nonresidential district; provided, that the sales activity does not continue for more than 45 days.

2. Duration of Use. The length of time for temporary uses shall be as specified in this subsection or as required by the administrative permit. The planning officer may authorize a longer duration if it is determined that a longer duration would not adversely impact adjacent properties or the general public.

3. Temporary occupancy of a recreational vehicle in a residential zone, subject to the requirements listed in HMC 17.03.052(G).

D. Uses Subject to Conditional Use Permit.

1. Mobile Homes as Supplemental Housing. Mobile homes as supplemental housing for persons suffering from serious illness or infirmity are subject to the requirements of HMC 17.03.052(H).

E. Cleanup Required. Each site occupied by a temporary use shall be cleared of debris, litter or any other evidence of the temporary use upon the completion or removal of the use. (Ord. 08-06 § 1, 2008)

17.03.092 Trees.

A. Purpose. The city of Hughson recognizes the historical, environmental and aesthetic importance of its tree population and orchards. The city council finds that Hughson’s rural attractiveness and visual character is closely tied to the city’s established larger trees, street trees and orchards; that these trees provide shade and cooling during Hughson’s hot summers; and that the preservation of such trees is necessary to prevent erosion of topsoil, protect against flood hazards, counteract pollutants in the air, and decrease wind velocities.

To complement and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the city council adopts this section to establish basic standards and measures for the preservation, removal, and replacement of trees. Thus, this section is designed to enhance the unique aesthetic character and environment of Hughson.

B. Applicability. The provisions of this section shall apply to all public property and new development within the city of Hughson, and to private property where noted in this section. No portion of this section shall be interpreted to limit the ability of farmers to remove trees or other vegetation as part of normal farming operations.

C. Official Street Tree Plan. The planning commission shall prepare and maintain an official street tree plan for Hughson. The planning officer shall require that all new planting of street trees shall be in accordance with the official street tree plan of Hughson and this section. If existing street trees are removed, they shall be replaced with trees which conform to the official street tree plan.

D. Requirements for Street Tree Planting.

1. Permission to Plant Required. No trees or shrubs shall be planted in any street tree area or other public place without permission of the planning officer.

2. Planting of Street Trees in New Development. Before any street improvements in any new subdivision of real property in the city are accepted by the city council, the subdivider shall pay to the city the total cost of planting all the required street trees or shall have the street trees planted to conform to the provisions of the official street tree plan. If payment for planting the street trees is made by the subdivider to the city, the city shall plant the trees at the proper time and conform to the official street tree plan. Watering and care of the trees thereafter shall be the responsibilities of the subdivider or the purchasers of the property.

E. General Requirements for New Subdivisions.

1. Preservation of Existing Trees. The location, size, accurate driplines and species of existing trees shall be shown on a tree survey in the same scale as development plans submitted for development review. All trees proposed for removal shall be identified. If there is disturbance proposed within the dripline of a significant tree, a certified arborist’s assessment and protection measures must be provided with the development application. If significant trees are proposed for removal on development plans, the applicant shall replace them with trees whose size, number, and planting location shall be determined by the planning officer before final occupancy is granted to any new residents. The size and age of the tree will determine how many new trees may be substituted for the removed tree but, at a minimum, three new trees will replace one tree removed. The ratio may be increased at the discretion of the planning officer.

2. Preservation of Orchard Trees. Where orchard trees are to be cut down, removed or relocated as part of new development, the planning commission or planning officer shall require the retention of selected orchard trees within the new development or subdivision that are representative of the land’s agricultural heritage. For orchards in productive use for at least five years prior to the new development, a minimum of 10 percent of the existing orchard trees shall be preserved.

3. Protection of Trees During New Construction. For the purpose of safeguarding trees during construction the following conditions shall apply to all existing trees within a subdivision area:

a. Oil, gasoline, chemicals and other construction materials shall not be stored within the dripline of any tree.

b. All compaction of soils, construction of building walls, or placement of impermeable surfaces must be set back a minimum of six feet from all significant trees.

c. No wires, signs or other similar items shall be attached to trees during construction.

d. Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.

e. Trimming cuts shall conform to arboricultural standards and shall be made along the branch bark ridge.

4. In construction cases where trenching around trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree’s dripline. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be required to preserve roots two inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, nonfrayed cuts, under the supervision of the director of public works.

5. Planting of Trees in New Development. The city council may require the planting of trees within public areas other than street tree areas that are part of new development or subdivision that appears before city council for approval.

F. Dangerous Trees. Any tree or shrub growing in a street tree area or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street or sidewalk is declared to be a public nuisance, and the city may remove or trim such tree or shrub, or may permit any public utility to do so or may require the property owner to remove or trim any such tree or shrub on private property or on a parking strip abutting upon such owner’s property. Failure of the property owner or his or her duly authorized agent to remove or trim such tree or shrub after 30 days’ notice by the planning officer, or his or her duly authorized representative, shall be deemed to be a violation of this section, and the planning officer may then remove or trim the tree or shrub and assess the cost against the property.

G. Administrative Permit Required for Trimming or Removal. No person, firm, or corporation shall cut, trim, prune, plant, remove, injure, or interfere with any tree, shrub, or plant upon any street tree area or other public place of the city without prior permission and approval therefor from the planning officer. No permission shall be valid for a longer period than 30 days after its issuance. Exception is made to public utility companies who regularly need to trim trees to protect their facilities, and under emergency conditions as explained in subsection H of this section. These utility companies shall be required to secure annual permits to remove, trim, or prune trees which create a hazard to their facilities.

H. Emergency Tree Removal or Alteration. If personal injury or property damage is imminently threatened, the fire chief, the chief of police, the planning officer or duly authorized representative may authorize the removal or alteration of a tree without compliance with other provisions of this title. The removal or alteration of a tree under emergency conditions shall be reported to the planning officer on the first business day following the emergency tree work.

I. Removal of Trees. The director of public works or his or her duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any street tree area or other public place.

J. License to Engage in Commercial Tree Pruning, Trimming or Removal. Any person, firm, or corporation engaged in the business of pruning, trimming, or removing of trees within a street tree area or on public property, shall hold a business license from the city of Hughson permitting the holder to engage in commercial tree pruning, trimming or removal. The business license shall be obtained as described in Chapter 5.04 HMC.

K. Prohibited Trees. The planning officer may prohibit trees that he or she deems likely to interfere with public safety or to interfere with public services, including but not limited to public sidewalks and sewers.

L. Tree Maintenance.

1. Trees or shrubs on private property, which abut, overhang, or otherwise interfere with adjoining property, shall be maintained, trimmed and otherwise managed so as to avoid creating a private nuisance to adjoining property owners. Failure to maintain, trim, or otherwise manage trees or shrubs on private property, where such failure creates a private nuisance, shall be deemed to be a violation of this section, and the planning officer may then remove or trim the tree or shrub and assess the cost against the property.

2. Any tree required by the provisions of this section shall be maintained in good health. If any such tree should die within two years of completion of the development project, the property owner shall replace it with a similar approved tree.

M. Abuse or Mutilations of Trees Prohibited. It is a violation of this section to abuse, destroy, or mutilate any tree, plant, or shrub in a street tree area or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any tree growing in a public place or to cause or permit any wire charged with electricity to be placed or attached to any such tree, or allow any gaseous, liquid, or solid substances which are harmful to such trees to come in contact with their roots or leaves.

N. Appeals. Appeals shall follow the process provided in HMC 17.04.004.

O. Violations.

1. Any person who violates any of the provisions of this section or any of the conditions of any permit issued hereunder is guilty of a misdemeanor.

2. Violation of this chapter resulting in unauthorized removal, destruction or disfigurement of trees, the responsible person may be liable for a civil penalty equal to the value of the removed, destroyed or disfigured tree as set forth in the current edition of The Guide for Plant Appraisal as published by the International Society of Arboriculture (ISA) or other approved method. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties and associated costs for the city. Penalties can be met through a combination of replacement trees and/or in-lieu payments to the city, as approved by the planning officer.

3. Whenever any construction work is being performed contrary to the provisions of this section, including failure to protect or maintain trees on construction or demolition sites, the planning officer may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or danger, and no work shall be allowed until the violation or danger has been rectified and approved by the planning officer.

P. Enforcement. The planning officer shall be charged with the enforcement of this section, and shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. Such determination shall be final and not subject to appeal. (Ord. 08-06 § 1, 2008)

17.03.096 Truck loading and unloading.

A. Purpose. On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale and manufacturing trade, hotels, hospitals, laundry, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any zone after the date of adoption of this title, there shall be provided loading and unloading space as follows:

B. Spaces. One permanently maintained truck loading and unloading space for buildings having a gross floor area of 7,500 square feet or more, plus one additional space for each additional 20,000 square feet or major fraction thereof.

C. Dimensions. Each loading space shall be not less than 10 feet in width, 25 feet in length, and 14 feet in height.

D. Landscaping. All off-street loading areas are subject to the same landscape requirements as off-street parking lots as described in HMC 17.03.060.

E. Location. Loading spaces shall be located and designed as follows:

1. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;

2. Situated to ensure that the loading facility is screened from adjacent streets as much as possible;

3. Situated to ensure that loading and unloading takes place on premises and in no case within adjacent public rights-of-way or other traffic circulation areas on premises;

4. Situated to ensure that vehicular maneuvers occur on premises; and

5. Situated to avoid adverse impacts upon neighboring residential properties.

F. Downtown Loading Plan. All truck loading and unloading activities shall be conducted in accordance with the officially adopted downtown loading plan. The downtown area shall be as designated in the Hughson general plan as downtown commercial. (Ord. 08-06 § 1, 2008)