Chapter 17.12 DEVELOPMENT STANDARDS

§ 17.12.010 Performance standards.

Purpose. The performance standards in this section are intended to minimize the potential negative effects that a building, structure or use could have on its surroundings, and to promote compatibility with surrounding uses and areas.

Site Maintenance. For all uses and activities, all areas of a site that are not landscaped, paved or developed shall generally be kept free of debris, including unused fill or building materials. Permitted construction activities, as well as outdoor storage uses that are permitted by this title, shall not be subject to this requirement.

Outdoor Lighting.

All outdoor lighting on private property shall conform to the following requirements:

Light fixtures, excluding illuminated signs, shall have a maximum height of 25 feet above grade, or the height of the nearest main building on the site, whichever is less. Additional height shall be allowed where necessary to provide adequate clearance for vehicular circulation, provided that the light fixture's height is no greater than necessary to provide this clearance.

All light sources, excluding illuminated signs, 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.

For sites that are within or adjacent to a residential district, or are separated by a street from a residential district, no light source shall produce an illumination level in the residential district greater than one-quarter footcandle at any point measured 25 feet horizontally from the subject property. This requirement shall not apply to illuminated signs.

Crime Prevention. The following lighting standards apply to all new structures, except for single-family homes, accessory structures on single-family lots, and accessory structures that do not require a building permit.

Table 26-13-010-1 shows minimum lighting intensities for certain locations on a site and within a building.

Table 26-13-010-1: Minimum Lighting Intensity
Location	Minimum Intensity
Exterior building entrances	4 foot candles
Parking areas and pedestrian walkways	1 foot candle
Elevators, stairwells, and corridors	0.5 foot candle

Details of exterior lighting shall be provided on all plans submitted for city review and approval. Photometric calculations shall be based on the "mean" light output per the manufacturer's values of the specified lamp and luminaire photometry data. The details provided for exterior lighting shall include point-to-point photometric calculations at intervals of not more than 10 feet at ground level.

Transitional lighting shall be incorporated in exterior areas going to and from buildings or uses within a site. Transitional lighting shall be provided for building entrances, recreation/office buildings, swimming pool areas, laundry and mail rooms, covered breezeways, and similar areas as determined by the director of development services.

Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

Noise. All uses and activities shall conform to the noise requirements of Chapter 9.20 of this Code. This requirement shall be enforced as provided in Chapter 9.20 of this Code.

Air Emissions. No use or activity shall result in the repeated and consistently intolerable emission of excessive odors, dust, fumes, smoke or particulate matter, or in emissions that exceed the requirements or levels enforced by the county's Air Pollution Control District.

Electrical Disturbances. No use or activity shall result in electrical disturbances that are readily discernible at the exterior boundaries of the property on which the use or activity is located, or of the dwelling unit in a dwelling group or multiple-unit building.

Vibration. No use or activity shall generate ground vibration that is readily perceptible at the exterior boundaries of the property on which the use or activity is located. The vibrations that ordinarily occur as the result of an approved construction or demolition activity, as well as the vibrations ordinarily created by motor vehicles, shall be exempt from this requirement.

(Ord. 1749 § 4; Ord. 1819 § 3, 2017)

§ 17.12.020 Fences, walls and screening.

Applicability. No fence shall hereafter be erected, constructed, altered or maintained except as provided by this section. The requirements of this section shall apply to all fences and walls in all districts, excluding the walls of any building, and shall apply regardless of the construction material used.

Sight Distance Area. No fence shall obstruct the required sight distance area for an intersection as shown in Figure 17.12.020-1. Fences may be erected up to 42 inches in height within the sight distance area provided that the fence is an open fence that is no more than 50% solid. Fences over 30 inches in height, to a maximum height of 42 inches, within the sight distance area shall require administrative review and approval by the planning division through a development review permit to confirm the open fence requirement is met and that the increased height does not create a danger to public health, safety, and general welfare.

Figure 17.12.020-1: Sight Distance Areas

Figure 17.12.020-5: Fence Opacity

Fence Height Measurement. Exceptions to the standards of this section may be granted by the planning commission if warranted for safeguarding the public health, safety and welfare.

The height of a fence at any point shall be measured from the base of the fence directly below that point. If a retaining wall is combined with a fence or wall, the combined height may reach a maximum height of 11 feet above grade (7 foot maximum fence with a 4 foot maximum retaining wall) along the streetside and rear property lines without a building permit, as shown in Figure 17.12.020-2.

Figure 17.12.020-2: Fence Height

Public Areas. Fences that enclose school grounds, public playgrounds and parks, tennis courts, public swimming pools, museums, or other public areas may be erected to a height in excess of 7 feet, subject to development review.

Historic Areas, Designated Landmarks, Museums, and Parks within the DH-O. Fences that enclose parks and museums within the DH-O, designated landmarks, and other designated historic sites may be erected to a height in excess of 7 feet subject to design and material review by the planning commission acting as the historic advisory commission. if the fence requires approval of the city council, the planning commission's action shall only be advisory.

Swimming Pools. Fencing shall be provided around all swimming pools, spas and similar areas, in accordance with the requirements of the city building code.

Nonresidential Development. Any nonresidential development shall meet the following fencing requirements:

The site shall include a solid fence or decorative masonry wall along each property line abutting a residential district. The fence shall be between 6 and 7 feet tall

Where a street separates the site from a property that is in a residential district, the site shall include one of the following along the property line that faces the street:

A solid fence or decorative masonry wall, between 6 and 7 feet tall, that is located behind any required planting area, and that has a decorative architectural treatment on any side facing a street, parking lot or adjoining residential district; or

A planting area with evergreen landscaping that restricts visibility into the site. The planting area shall be installed and maintained in accordance with Section 17.12.050.

Loading areas shall be fenced and screened as provided in Section 17.12.080.

Outdoor storage areas shall be fenced and screened as provided in Section 17.16.140.

All mechanical, electrical and external communication equipment, including air conditioners, refrigeration units, satellite dishes and microwave towers, shall be screened from public view. Screening of roof-mounted equipment shall be architecturally integrated into the building design.

A building permit is required for any fence over 7 feet in height.

Residential and Mixed-Use Development.

In all residential districts, the height of a fence or wall is shown in Table 17.12.020-1, unless authorized in compliance with the requirements of this subsection. See also Figure 17.12.020-3 for details on placement and heights of fences and walls.

Table 17.12.020-1: Fences and Walls in Residential Districts
Location	Maximum Height
Within required front yard setback	42 inches^[1]
Within interior side or rear yard setback	7 feet^[2]
Within street side setback	42 inches^[3]
Within a controlled area vision triangle	30 inches^[4]
Outside of a required setback	7 feet^[2]

Notes:
[1]	Height can be increased above 42 inches to a maximum height of 7 feet if constructed outside of the required front yard or at the point equal to the building's front façade, whichever is less.
[2]	Height can be increased above 7 feet with a building permit.
[3]	Fences above 42 inches and to a maximum height of 7 feet without a building permit must be placed at least 5 feet behind property line, outside of any public right-of-way easement, and must be landscaped in this setback area.
[4]	See Figure 17.12.020-1 and Section 17.12.020(B)

Figure 17.12.020-3: Fence Height and Placement

Fences, walls, or combination of fence and wall within the required front setback area for the underlying zoning district shall not exceed 42 inches. If the fence, wall, or combination of fence and wall is constructed outside of the required front setback area, or at the point equal to the building's front façade, whichever is less than the fence is allowed a maximum height of 7 feet.

For properties within the Downtown Historic Overlay (DH-O), the fence height shall not exceed 42 inches anywhere in the front yard. The front yard shall be the area from the front property line to the point equal to the building's front façade.

A decorative arch, trellis, or other entry feature along a street frontage may exceed the height limit shown in Table 17.12.020-1. The decorative features shall be limited to 10 feet in width and 10 feet in height.

Figure 17.12.020-4: Decorative Features

All fences in residential districts greater than 42 inches in height constructed within the street side yard setback adjacent to a public street shall be set back at least 5 feet from any property line that abuts a public street. This setback area shall be landscaped in accordance with the requirements of Section 17.12.050.

All multiple family residential projects shall include a fence or decorative masonry wall along the rear and side property lines. The fence or decorative masonry wall shall be between 6 and 7 feet tall.

Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines.

For mixed-use development, the site shall include a solid fence or decorative masonry wall along each side and rear property line abutting a residential district. The fence or decorative masonry wall shall be between 6 and 7 feet tall.

Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines.

A building permit is required for any fence or wall over 7 feet in height.

Retaining Walls.

All retaining walls shall be constructed with split-face masonry, cast-in-place concrete, interlocking block or a similar material. Retaining walls shall not be constructed of wood.

Any retaining wall that is visible from a public street or public open space shall have a decorative architectural treatment on the wall face.

A building permit is required for any retaining wall over 4 feet in height.

Electric Fences.

In residential districts that have a minimum lot area of at least 20,000 square feet, electrically charged fences shall be permitted if they are necessary to contain livestock. Any electrically charged fence shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

In all other districts, no electrically charged fences shall be permitted.

Barbed or Razor Wire. Fences may be constructed with sharp-pointed materials, such as barbed or razor wire, only as follows:

In residential districts that have a minimum lot area of at least 20,000 square feet, fences may be constructed with barbed or razor wire if they are necessary to control livestock. Any fence that is constructed with barbed or razor wire shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

In all other residential districts, and on sites that abut a residential district or are separated by a street from a residential district, no fences may be constructed with barbed or razor wire.

In industrial districts, fences may be constructed with barbed or razor wire if the wire is at least 6 feet above grade.

In commercial and special purpose districts, fences may be constructed with barbed or razor wire only upon approval of a use permit. Before granting the use permit, the planning commission shall find, based on substantial evidence, that the barbed or razor wire is necessary in order to provide adequate security for the site and there is no reasonable alternative.

Temporary Fences. Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the California Building Code and other applicable provisions of the Oroville Municipal Code.

Permits. Permits shall be obtained for the erection, construction, alteration and maintenance of fences as specified in the city building code and this code section.

(Ord. 1749 § 4; Ord. 1763 §§ 4, 5; Ord. 1819 § 3, 2017; Ord. 1820 § 2, 2017; Ord. 1860 § 2, 2022)

§ 17.12.030 Height limits.

Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this chapter, as well as exceptions to those height limits.

Measurement of Height of Structures.

The height of a structure shall not exceed the height limit for the applicable zoning district, except as provided otherwise by this section.

The maximum height shall be measured as the vertical distance from the finished grade of the site to an imaginary plane located at the specified number of feet above and parallel to the finished grade, as shown in Figure 17.12.030-1.

Figure 17.12.030-1: Maximum Height

Exceptions to Height Limits. The following exceptions shall apply to the height limits specified by this chapter:

The maximum height of a detached accessory building shall be as specified in Section 17.12.090.

The maximum height of a wireless telecommunication facility shall be as specified in Section 17.16.170.

Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment shall have a maximum height of 5 feet above the maximum specified for the applicable zoning district. The total square footage of all structures above the allowed height shall not exceed 5% of the total roof area of the building to which they are attached.

Chimneys, flag poles, receive-only antennas and satellite dishes, and similar structures shall have a maximum height of 8 feet above the maximum specified for the applicable zoning district.

Additional height increases may be allowed subject to a use permit. Before approving a use permit for increasing the height of a structure, the planning commission shall find the following, based on substantial evidence:

The increased height is required to provide for specialized equipment, such as a ventilation chimney or theater scenery loft.

The specialized equipment is necessary in order to establish the land use proposed for the structure.

(Ord. 1749 § 4)

§ 17.12.040 Setback requirements.

General. No setback provided around any building for the purpose of complying with the regulations of this title shall be considered to provide a setback for any other building or structure, unless provided otherwise in this chapter.

Accessory Buildings. Accessory buildings may be located within setback areas as provided in Section 17.12.090.

Established Rights-of-Way. In any case where the city has officially established the location of a right-of-way for a street or alley, the required setback on any portion of the site adjacent to the right-of-way shall be measured from the nearest edge of the right-of-way. In no case shall the provisions of this title be construed as permitting any structure to extend into the right-of-way.

Projections into Setbacks.

Porches, outside stairways and balconies may project into minimum rear and side setbacks not more than 2 feet, and into minimum front setbacks not more than 6 feet, as illustrated in Figure 17.12.040-1.

Cornices, eaves, canopies, chimneys, bay windows, water softener tanks, air conditioners and similar architectural features may project into the minimum side setback, provided that the structures or equipment shall not extend or project nearer than 3 feet to the side lot line, as illustrated in Figure 17.12.040-1.

Figure 17.12.040-1: Projections into Setbacks

Fire Escapes. Open fire escapes shall comply with the provisions of the International Fire Code and state fire regulations.

(Ord. 1749 § 4)

§ 17.12.050 Landscaping standards.

Purpose. The regulations in this section are intended to enhance the appearance of development within the city by providing and maintaining landscaping for aesthetic and screening purposes, and to provide areas of improved open space.

Landscaping Required. The following land uses, buildings and structures shall require the provision of landscaping in accordance with the requirements of this section:

The construction or installation of any permanent building or structure with a gross floor area of more than 120 square feet or 10% of the gross floor area of existing buildings within the site, whichever is greater.

The expansion of an existing permanent building or structure by more than 20% of its original gross floor area. If a building or structure is expanded more than once over a period of time, this requirement shall apply as soon as the total, cumulative area is more than 20% greater than the original area.

The occupancy of an existing building or structure that previously was vacant for a continuous period of at least one year. For multiple-tenant buildings, this requirement shall apply when more than 50% of the multiple-tenant building's gross floor area has been unoccupied for one year.

Any other land uses, buildings and structures specified in this section or elsewhere in this chapter.

Approval Required. For land uses other than single-family dwellings and duplexes, the following approvals shall be required:

When landscaping is required by this chapter or as a condition of approval for a development permit or other entitlement, landscaping and automatic irrigation plans shall be submitted in a form and manner approved by the community development director, and accompanied by any fee established by resolution of the city council, prior to the issuance of any building permit. The landscaping plans shall be approved or disapproved by the community development director following review of the plans for compliance with the requirements of this section.

Where the total size of all required landscaping areas exceeds 1,000 square feet, the required plans shall be prepared by a landscape architect registered with the State of California or a landscape contractor pursuant to Section 7027.5 of the Business and Professions Code. If a landscape contractor prepares the required plans, the same contractor shall be required to install the improvements. An irrigation consultant may prepare the irrigation plans pursuant to Section 5645 of the Business and Professions Code.

No building permits shall be issued for the site until all required landscaping and automatic irrigation plans have been approved.

General Regulations.

Plans and specifications for landscaping, irrigation systems, tree preservation and slope planting for erosion control shall reflect the use of the following:

Plant materials with varied heights, textures and colors.

Sound soil preparation and planting practices.

Proper irrigation for healthy plant growth and maturation, as well as the avoidance of unsafe and unnecessary watering of buildings, public ways and pedestrian ways.

No more than 10% nonliving 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.

Crime Prevention Standards. The following landscaping standards apply to all new structures, except for single-family homes, accessory structures on single-family lots, and accessory structures that do not require a building permit.

Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the community development director shall not exceed 3 feet in height at maturity.

Trees shall be pruned up to 6 feet above ground.

Trees and shrubs shall be pruned back from windows, doors and walkways.

Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand.

Property lines shall be defined with landscaping or decorative fencing.

Entrances to the site and parking lots shall be defined with landscaping, architectural design, or symbolic gateways.

Landscaping in Residential Districts.

Sites in residential areas shall provide landscaping in as much of the front setback as is practical, excluding any areas with paved driveways or pedestrian paths. In no case shall more than 75% of the front setback be paved.

Where a side or rear property line is adjacent to a street, the site shall include a planting area along the property line with a width of at least 5 feet. Any fence around the property shall be located behind the planting area.

Landscaping in Commercial and Mixed-Use Districts.

Sites in commercial and mixed-use districts shall provide a planting area along the front and side property lines, except where a driveway or pathway provides access to the site. The planting area's minimum width shall be determined based on the gross floor area of buildings on the site, as follows:

Less than 10,000 square feet of gross floor area: 6 feet.

10,000 to 40,000 square feet of gross floor area: 10 feet.

More than 40,000 square feet of gross floor area: 12 feet.

For any part of the site adjacent to a street right-of-way, if a fence is located along the property line, a planting area with a width of at least 6 feet shall be provided between the street and the fence.

If a building is located within a required planting area, the landscaping requirements for that planting area may be modified or waived as follows:

If the planting area is adjacent to a street right-of-way, the requirements may be modified or waived subject to development review.

If the planting area is not adjacent to a street right-of-way, the requirements shall be waived as of right for any portion of the planting area that is occupied by a building. In the remainder of the planting area, landscaping shall be provided as required by this section.

Landscaping in Industrial Districts.

Sites in industrial districts shall provide a planting area along the front lot line, except where a driveway or pathway provides access to the site. The planting area's width shall be determined based on the gross floor area of buildings on the site, as follows:

Less than 20,000 square feet of gross floor area: 6 feet.

20,000 or more square feet of gross floor area: 10 feet.

For any part of the site adjacent to a street right-of-way, if a fence is located along the property line, a planting area with a width of at least 5 feet shall be provided between the street and the fence.

Where a site in an industrial district abuts a non-industrial district or is separated by a street from a non-industrial district, the site shall provide landscaping as required for a commercial or mixed-use district.

Landscaping in Parking Lots. All parking lots with 6 or more spaces shall provide landscaping as follows:

On all boundaries adjacent to streets, except where a driveway or pathway provides access to the site, one of the following screening methods shall be provided:

A variety of plants of sufficient density to provide visual screening. If the mature height of the plants is greater than 3 feet above grade, the plants shall be spaced to provide visibility into the site above this height. The planted area shall have a minimum width of 6 feet.

A decorative masonry wall no more than 3 feet high.

At least one tree shall be provided within the parking lot for every 10 parking spaces, with a minimum of one tree. If the required number of trees is a fraction greater than or equal to 1/2, it shall be rounded up to the next whole number.

Trees within the parking lot shall be planted in tree wells measuring at least 6 feet by 6 feet and shall be evenly dispersed to the extent practicable.

All areas unused for parking, vehicular access, loading or storage shall be landscaped. Landscaped areas shall be evenly dispersed to the extent practicable.

An approved concrete curb shall be installed around the perimeter of each landscaped area and shall be at least 6 inches higher than the finished grade of the parking area. The foundation and design of the curb shall conform to the requirements of the city engineering design standards.

At least 50% of the paved surface shall be shaded by tree canopies within 15 years after obtaining an occupancy permit. The trees to be planted to develop such a canopy shall be in accordance with the city's master street tree plan and the requirements of the director of parks and trees. 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:

Determine the total area of the parking lot, deducting any areas directly below structures such as a canopy or the second story of a building.

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.

Time of Installation.

Except as provided in this section, all required landscaping and irrigation improvements shall be installed consistent with the approved landscaping plan prior to issuance of a certificate of occupancy.

On behalf of the city, the director of parks and trees may execute an agreement with the owner of a nonresidential property that provides for phasing the installation of required landscaping and irrigation improvements over a period of time no longer than 3 years, provided that:

The property is already developed with a structure that has been legally used for the conduct of a business; and

The cost of installing the required landscaping will exceed 10% of the demonstrated cost of all other improvements required by the city to establish or continue the operation of a business on the property; and

A landscaping plan has been prepared and approved in accordance with the requirements of this section, and that plan establishes the approved phasing sequence and provides a cost estimate for each phase.

The agreement shall not allow deferred installation of all required landscaping and irrigation for the full 3 years, and it shall not allow deferred installation of landscaping along any street frontage.

The owner shall pay a fee to prepare and record the agreement in an amount established by resolution of the city council.

A security shall be provided with the agreement in a form and manner approved by the city attorney. The amount of the security shall be 150% of the estimated cost of improvements, based on a contractor's bid or a landscape architect's cost estimate. The security shall be released after the director of parks and trees has verified that the required improvements have been installed.

The owner may request a single extension of the agreement for an additional period of time not to exceed 2 years. The owner shall submit this request before the agreement has expired, in a form approved by the director of parks and trees. The owner shall pay a fee to prepare and record the extension in an amount established by resolution of the city council.

Irrigation.

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.

The zoning administrator may waive this section's irrigation requirements for specified landscape areas if an applicant has demonstrated all of the following:

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

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

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

Maintenance. Landscaped areas shall be continually maintained in good condition and shall be kept clean and weeded and trees shall be pruned in a natural pattern and shall not be topped or pollarded. Maintenance shall include but not be limited to:

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

Pruning of plants as necessary to control and direct growth.

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

Fertilization as needed to ensure proper plant growth.

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

Installation and Maintenance Agreement. For land uses other than single-family dwellings and duplexes, the property owner shall enter into a written agreement for the installation and maintenance of landscaping. The agreement shall be in a form approved by the city attorney and zoning administrator and suitable for recordation with the Butte County recorder. The agreement shall be binding upon the property owner and any successors in interest.

(Ord. 1749 § 4; Ord. 1763 §§ 7, 8; Ord. 1819 § 3, 2017)

§ 17.12.060 (Reserved)

Former § 17.12.060, Tree preservation, adopted by Ord. 1749, was repealed by Ord. 1877, 9/3/2024.

§ 17.12.065 Oak tree loss mitigation.

Purpose. Oroville's native oak trees provide wildlife habitat, control erosion, maintain water flow and quality, moderate temperatures, improve air quality, and contribute to the aesthetic character of the area. The purpose of this section is to preserve Oroville's valuable native oak trees by protecting them during grading and construction, minimizing their removal, replacing them when removal is approved, and monitoring them to ensure that they are maintained.

Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

Single main trunk: 6 inches.

Multiple trunks (in aggregate): 10 inches.

Heritage Tree: 24 inches.

"Native oak tree" — means an oak tree that is native to Butte County's natural oak communities, including valley oak, black oak, blue oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

Permits Required.

Tree Removal. The city requires a tree removal permit in accordance with Section 17.48.070 to remove any oak tree that meets the applicability criteria above in subsection B (Applicability). The property owner must file a tree survey and an oak tree preservation plan with the community development department before the city will issue a permit. The plan shall describe all efforts to preserve trees to the extent feasible, replace trees that are removed, and maintain replacement trees. In addition, the plan shall address replacing any replacement trees that do not survive.

Grading. Grading projects shall retain oak trees wherever possible. To receive a grading permit, applicants must address oak tree preservation in their grading plan by identifying methods to:

Identify trees to be retained, through flagging or other obvious marking methods, prior to any grading.

Avoid compaction of the root zone and mechanical damage to trunks and limbs by installing temporary fencing along the outermost edge of the dripline of each retained tree or group of trees.

Avoid trenching within driplines of retained trees. Any required utility line poles within the dripline should be installed by boring or drilling through the soil.

Heritage Trees.

Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree.

A heritage tree may only be removed when approved as appropriate by a certified arborist, and upon receiving a tree removal permit in accordance with subsection (C)(1).

Mitigation Options. An applicant who has received a tree removal permit shall mitigate the removal by completing one or a combination of the following options, as well as paying a monitoring fee per tree as set by the city council.

On-Site Replacement. Where physically feasible, a tree removed under a tree removal permit shall be replaced on the same property, in accordance with the standards in subsection F (Replacement Standards).

In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:

The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).

The off-site location is appropriate for oak tree plantings, as determined by the director of public works or designee.

The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

Exceptions to Permits and Mitigation Requirements. Exceptions to permit and mitigation requirements shall be as specified in Section 17.48.070.

Replacement Standards. Replacement trees must meet the following standards.

Replacement Ratio. Each inch in dbh of oak removed shall be replaced by one inch of native oaks (1:1 ratio), using trees planted at a minimum size of 15 gallons.

Timeframe. The schedule for planting of the replacement trees shall be subject to approval by the review authority as detailed in Section 17.48.070(C)(3).

Maintenance. The applicant is responsible for protecting the health of a replacement tree. Replacement trees shall be irrigated in accordance with Oroville Municipal Code Section 17.12.050 (Landscaping standards). A replacement tree that dies within 5 years shall be replaced on a one-to-one basis.

Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

Planting New Trees. Planting oak trees on public and private property within Oroville. These expenditures may include purchasing and planting trees, preparing the land for planting, and installing irrigation improvements. Private property owners may apply to have an oak tree planted on their property at public expense, provided the expense does not exceed the in-lieu fee amount.

Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.

Monitoring. The community development department shall prepare an annual report that addresses the following topics:

Tree Inventory. The report shall inventory all replacement trees, including their type and health status, as reported by an applicant.

Fund Accounting. The report shall account for the balance in the oak tree mitigation fund and summarize the use to which the fund was put during the preceding year.

Fines. The city may issue a fine for the destruction of an oak tree in violation of this section. Fines may be as high as the cost to replace and maintain up to 3 times the number of trees required by this section. The city shall deposit funds received from fines in the oak tree mitigation fund.

(Ord. 1819 § 3, 2017; Ord. 1877, 9/3/2024)

§ 17.12.070 Parking.

General Provisions.

In all districts, any parking lot or other parking area, as defined in this chapter, shall comply with the standards set forth in this section and with the city engineering design standards.

All required parking spaces shall be provided on-site, except as otherwise provided in this section.

No owner or tenant shall lease or rent required parking spaces.

If a required parking space is converted to another use, a replacement shall be provided in accordance with the requirements of this section.

New and Expanded Buildings and Uses.

When a building or structure is erected or a new use is initiated, minimum off-street parking spaces shall be provided as required by this section.

When an existing building or structure is enlarged or increased in capacity, or when a change in an existing use creates an increase in the amount of parking required, additional parking spaces shall be provided as follows:

If the increase in building size or structural area is no more than 25%, or if the increase in the amount of parking required by a change in use does not exceed 25%, then the number of off-street parking spaces required shall be based only upon the increased size of the building, structure, and/or use of the site.

If the increase in building size or structural area exceeds 25%, or if the increase in the amount of parking required by a change in use exceeds 25%, then off-street parking spaces shall be provided for all uses conducted on the site, including the existing and the increased uses of the site. In addition, the existing parking spaces shall be brought into compliance with all applicable requirements of the city building code, including its access standards for persons with disabilities.

Grading and Drainage.

Parking spaces and access driveways shall be graded and drained in accordance with city engineering design standards to alleviate the creation of flooding and drainage problems for the subject property and any surrounding properties.

For parking lots with 6 or more spaces, all runoff from parking and vehicular circulation areas shall be treated and filtered on-site to remove sediment and pollutants, using a method approved by the city engineering design standards, before it is discharged into the storm drain system.

Wheel Stops. Wheel stops with adequate anchorage, including 6-inch concrete curbs and other methods approved by the city engineering design standards, shall be provided at the front edge of all parking spaces located adjacent to property lines. Wheel stops shall be inset from the front edge of the parking space to prevent any vehicle from overhanging property lines, walkways or landscaping.

Location. No off-street parking space may be placed where a vehicle would extend into the public right-of-way or obstruct the sight distance area at an intersection.

Activities Prohibited. No sale, storage, repair work, dismantling or servicing of any kind shall be permitted in required parking areas, unless all of the following circumstances apply:

The activity is a temporary use that meets the requirements of Section 17.16.060.

The activity uses the parking spaces for no more than 8 hours in a single day.

The activity occupies no more than 4 parking spaces, or 25% of the required number of parking spaces for the site, whichever number is greater.

On-Site Parking for Single-Family Dwellings and Duplexes. The following requirements shall apply to all single-family dwellings and duplexes in residential districts:

Vehicles shall not be parked or stored in any area other than an enclosed structure, such as a carport or garage, or a designated surface parking area that meets the requirements of this section.

A maximum of 3 vehicles may occupy designated surface parking areas on a single site. Additional vehicles shall be located in an enclosed structure.

At least one required parking space shall be located in an enclosed structure. A maximum of 2 additional parking spaces in designated surface parking areas may be counted towards the minimum parking requirement.

Designated surface parking areas shall comply with the following requirements:

If the designated surface parking area is located within a required minimum setback, the designated surface parking area shall not occupy more than 1/2 of the required minimum setback.

The width of the designated surface parking area shall not exceed 30 feet.

The designated surface parking area shall provide unobstructed access from a street or alley. It shall not be separated from this street or alley by a vertical curb.

The designated surface parking area shall be paved with surfacing materials as required by the city engineering design standards.

No portion of vehicles parked in a designated surface parking area may extend into an adjacent right-of-way.

Location.

For multiple-family residential uses, required parking area shall be located no more than 100 feet from any dwelling unit the parking is intended to serve.

For all other uses, required parking area shall be located no more than 200 feet from the entrance to the building that the parking is intended to serve.

Minimum Vehicular Parking Requirements by Use.

The vehicular parking requirements in Table 17.12.070-1 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, unless a shared parking reduction is granted as provided in this section.

Where the application of these standards would result in a fractional number of spaces, the required number of spaces shall be rounded up to the next whole number.

For uses that are allowed but are not specified in Table 17.12.070-1, if a use permit is required, the parking requirement shall be determined by the planning commission; in all other cases, the parking requirement shall be determined by the zoning administrator.

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

In all cases where the planning commission or zoning administrator is responsible for determining the minimum parking requirement, this minimum shall be based upon the following factors:

The nature of the proposed use.

The similarity of the proposed use to other land uses for which a parking requirement is specified in this section.

The hours of operation of the proposed use.

Any available data regarding the expected vehicular trip generation for the proposed use.

Table 17.12.070-1 Minimum Vehicular Parking Requirements
Land Use	Vehicular Parking Requirements
*Public Assembly*
Commercial recreational facility—indoor Arcade or amusement center	1 space for each 300 sq. ft. of gross floor area
Bowling alley	2 spaces for each lane
Skating rink	1 space for each 300 sq. ft. of rink area, plus 1 space for each 10 fixed seats
Theater	1 space for each 5 fixed seats, or 1 space for each 100 sq. ft. of gross floor area if no fixed seats; exceptions may be provided for theaters with more than 500 seats, subject to a use permit
Commercial recreational facility—outdoor	Determined by use permit
Gym	1 space for each 300 sq. ft. of gross floor area
Instructional studio	1 space for each 300 sq. ft. of gross floor area
Library or museum	1 space for each 300 sq. ft. of gross floor area
Meeting facility	1 space for each 5 fixed seats, or 1 space for each 100 sq. ft. of gross floor area if no fixed seats; plus additional spaces as required by this section for accessory uses, such as offices
Restaurant or cafe	1 space for each 100 sq. ft. of gross floor area
School—elementary or middle school	3 spaces for each classroom
School—high school	7 spaces for each classroom
*Residential*
Boardinghouse	1 space for each bedroom
Caretaker dwelling unit	1 space for each dwelling unit
Duplex	2 spaces for each dwelling unit
Emergency shelter	1 space per 10 adult beds
Family day care, large	2 spaces, in addition to those required for the dwelling unit
Family day care, small	None beyond requirement for dwelling unit
Home occupation	None beyond requirement for dwelling unit
Mobile home park	1 space for each dwelling unit, plus 1 guest parking space for each 4 dwelling units
Studio or 1 bedroom	1 space for each dwelling unit
2 or more bedrooms—projects with fewer than 14 dwelling units per acre	2 spaces for each dwelling unit
2 or more bedrooms—projects with 14 or more dwelling units per acre	1.5 spaces for each dwelling unit
Guest parking for multiple-family dwellings	1 space for each 4 dwelling units
Residential care facility—6 units or fewer	Same as requirements for applicable type of dwelling unit
Residential care facility—7 units or more	1 space for each 3 beds
Second dwelling unit	1 space for each dwelling unit
Single-family dwelling	2 spaces for each dwelling unit
*Retail*
All "retail" uses listed in Ch. 17.28, except the following:	1 space for each 300 sq. ft. of gross floor area
Alcoholic beverage sales—on-premises consumption	1 space for each 100 sq. ft. of gross floor area
Automobile sales	1 space for each 2,000 sq. ft. of site area
Gas station	As required for individual accessory uses; minimum of 2 spaces
Al fresco dining	1 space for each 4 seats
Mobile home, boat or recreational vehicle sales	1 space for each 1,000 sq. ft. of site area
*Services*
All "services" uses listed in Ch. 17.28, except the following:	1 space for each 300 sq. ft. of gross floor area
Bed and breakfast	1 space for each guest room, plus 1 space for any resident manager
Car wash	2 spaces for each wash bay
Hospital	1.1 spaces for each bed
Hotel or motel	1 space for each guest room, plus additional spaces as required by this section for accessory uses
Mortuary	1 space for each 6 fixed seats, or 1 space for each 100 sq. ft. of gross floor area if no fixed seats
Personal services	1 space for each 200 sq. ft. of gross floor area
*Manufacturing, Wholesale, Repair and Storage*
All "manufacturing, wholesale, repair and storage" uses listed in Ch. 17.28, except the following:	1 space for each 1,000 sq. ft. of gross floor area; minimum of 2 spaces
Mini-storage facility	1 space for each 3,000 sq. ft. of gross floor area; minimum of 4 spaces
Research laboratories	1 space for each 300 sq. ft. of gross floor area
Warehousing	1 space for each 2,000 sq. ft. of gross floor area used for storage, plus 1 space for each 300 sq. ft. of other gross floor area
*Transportation and Infrastructure*
All "transportation and infrastructure" uses listed in Ch. 17.28	1 space for each 1,000 sq. ft. of gross floor area; minimum of 4 spaces

Parking Requirements in DH-O Districts. Notwithstanding any other provision of this section, in downtown historic overlay (DH-O) districts, the following minimum parking requirements shall apply:

For single-family residential uses in a DH-O district, no parking spaces shall be required, provided that all of the following circumstances exist:

No off-street parking spaces have already been constructed on the property.

The property qualifies as a landmark, as provided in Section 17.48.040.

Residential uses in a DH-O district shall be eligible for the on-street parking credit described in this section.

In any RP/DH-O district, all required parking spaces shall be located within the building's rear setback.

Seating in an al fresco dining area of a restaurant or cafe use within the "Al Fresco Sidewalk Dining Area" of the DH-O, as defined in Section 17.12.120(C)(1), shall not count towards the minimum vehicular parking requirements for the use.

Parking Requirements in the Downtown Parking Assessment District. In the area known as the "Downtown Parking Assessment District," as shown on the zoning map, no off-street parking spaces shall be required.

On-Street Parking Credits. In nonresidential districts, and for residential uses in a downtown historic overlay (DH-O) district, the following on-street parking credit shall apply:

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.

Where a parking plan includes access driveways or curb cuts that would cause one or more 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.

Multifamily Housing.

Parking spaces serving multifamily housing shall be assigned to residents. Spaces shall be located as near to the resident's unit as possible, but not marked with their unit number.

Visitor parking areas shall be clearly designated and labeled.

Parking areas shall be visible from building windows and doors.

Minimum Bicycle Parking Requirements.

All nonresidential uses and multiple-family residential uses shall provide at least 2 bicycle parking spaces, or one bicycle parking space for every 20 required motor vehicle parking spaces, whichever is greater.

In addition to any requirements in the city engineering design standards, each bicycle parking space shall provide a securely-anchored, stationary parking device that is adequate to lock and secure a 6-foot long bicycle.

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.

For 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.

Reciprocal Access.

In order to provide for convenience, safety and efficient circulation, a nonresidential development project may, as a condition of development review, be required to provide reciprocal vehicle and pedestrian access between parking areas on the development site and parking areas on adjacent sites. This requirement shall not be imposed if reciprocal access is infeasible due to topography or other unusual site conditions.

If reciprocal vehicle access is required, a non-exclusive access easement, or an equivalent form of reciprocal access approved by the city attorney, shall be recorded on both sites.

Shared Parking Reduction.

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 any of the following circumstances apply:

The uses attract vehicular traffic at different hours of the day or on different days of the week.

Visitors to the site are likely to park their cars once, then visit more than one of the uses.

Any person seeking a shared parking reduction shall file an application with the zoning administrator.

The application shall be filed and processed as an administrative permit, in accordance with the requirements of Section 17.48.020 and the requirements of this section.

The applicant shall provide a description of each use that is to share the parking spaces, including the times of operation for each use. The applicant shall also specify the proposed number of parking spaces to be provided.

The zoning administrator shall grant a shared parking reduction only upon finding, based on substantial evidence, that there is no substantial conflict in the principal operating hours of the building or uses for which the shared parking is proposed and that the proposed shared parking is conveniently located to the uses to be served. The zoning administrator may require additional documents, covenants, deed restrictions or other agreements, in a form approved by the city attorney, in order to ensure that the parking spaces are maintained and used as approved.

If a change in use is proposed for an establishment that has received a shared parking reduction, and this change in use is not explicitly permitted by the administrative permit granting a shared parking reduction, the establishment shall do one of the following prior to the change in use:

Obtain a new administrative permit granting a shared parking reduction for the proposed new use, in accordance with the requirements of this section.

Identify an appropriate method of meeting this chapter's minimum parking requirements without a shared parking reduction.

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.

Maximum Vehicular Parking. For all land uses other than single-family dwellings, the following maximum vehicular parking requirements shall apply:

The maximum number of off-street vehicular parking spaces allowed as of right shall be 125% of the minimum number specified in this section.

A use permit may be granted to set the maximum number of off-street vehicular parking spaces at up to 250% of the minimum specified in this section. The exact percentage shall be specified in the permit, which shall be processed in accordance with the requirements of Section 17.48.020 and the requirements of this section. The permit shall be granted only upon finding all of the following, based on substantial evidence:

The proposed use will create significant conflicts with surrounding uses unless the maximum parking requirement is increased.

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

A use permit to allow additional off-street vehicular parking may include conditions requiring additional landscaping, planting buffers and other screening that improve the aesthetic quality of the parking area.

Handicapped Parking. Parking spaces shall be provided in all parking areas for use by handicapped persons only, as required by the city building code.

Parking Dimensions and Configuration.

The minimum dimensions of parking spaces and aisles, and their required configuration, shall be as shown in the city engineering design standards. Up to one-third of all required parking spaces may be sized for compact cars, in accordance with the city engineering design standards.

Parking and aisle space shall be arranged so as to prevent backing of vehicles onto public thoroughfares.

(Ord. 1749 § 4; Ord. 1804 § VIII, 2014; Ord. 1819 § 3, 2017; Ord. 1876, 1/16/2024)

§ 17.12.080 Loading spaces.

Loading Spaces Required.

For all nonresidential uses, the off-street loading space requirements in Table 17.12.080-1 shall be considered minimum requirements in all districts.

For allowed nonresidential uses that are not included in Table 17.12.080-1, and for uses that may require additional loading spaces as provided in Table 17.12.080-1, the loading space requirement shall be determined as follows:

If a use permit is required, the loading space requirement shall be determined by the planning commission.

In all other cases, the loading space requirement shall be determined by the zoning administrator.

In all cases where the planning commission or zoning administrator is responsible for determining the minimum number of loading spaces, this minimum shall be based upon the following factors:

The nature of the proposed use.

The similarity of the proposed use to other land uses for which a loading space requirement is specified in this section.

The hours of operation of the proposed use.

Any available data regarding the expected number of deliveries by truck for the proposed use.

Dimensions of Loading Spaces. Loading spaces shall have a minimum width of 12 feet, a minimum depth of 40 feet and a minimum vertical clearance of 14 feet, unless reduced dimensions are approved by the city engineering design standards.

Location of Loading Spaces.

Loading spaces shall not be located in a required minimum setback, or in any part of the front setback.

To the extent possible, loading spaces shall be arranged so as to prevent backing of vehicles onto public thoroughfares.

Screening for Loading Areas. The following screening requirements shall apply to loading areas:

Loading areas shall be screened from adjacent streets and properties by a solid fence, or by evergreen landscaping that restricts visibility into the loading area. This requirement shall not apply if a loading area is located where it cannot be viewed from adjacent streets and properties.

A fence that provides screening for a loading area shall have a decorative architectural treatment on its exterior, and shall have a height between 6 and 10 feet.

Prohibited Activities. No sale, storage, repair work, dismantling or servicing of any kind shall be permitted in required loading areas.

Paving, Grading and Drainage. All loading spaces shall be paved, graded and drained as required for parking lots in the city engineering design standards.

Table 17.12.080-1 Loading Space Requirements
Land Use	Loading Space Requirements
Retail or Service
Food and beverage sales—15,000 square feet or more of gross floor area	1 space
Shopping center with less than 30,000 square feet of gross floor area	1 space
Any use with 30,000 square feet or more of gross floor area	1 space, plus additional spaces as required by the applicable authority
Hotels and motels, hospitals and other facilities with temporary overnight accommodations and 10 or more beds	1 space
Manufacturing, Wholesale, Repair and Storage Uses
Any use with 10,000 square feet or more of gross floor area	1 space
Any use with 40,000 square feet or more of gross floor area	1 space, plus additional spaces as required by the applicable authority
Utility building or substation	1 space

(Ord. 1749 § 4)

§ 17.12.090 Accessory buildings and swimming pools.

Detached Accessory Buildings.

Height limits for detached accessory buildings are as follows:

Structure	Maximum Height
Accessory structure	15′
Accessory structure over 15 feet in height	25′¹
Garage with 2nd story dwelling unit	25′¹
	Floor Area²
Detached garage	700 sq. ft.³
All other accessory structures	25% of the floor area of the main structure³

¹	Development review committee approval shall be required pursuant to Section 17.52.020.
²	For the maximum floor area for a second dwelling unit refer to Section 17.16.010(E).
³	Development review committee approval shall be required to exceed these limitations pursuant to Section 17.52.020.

All attached or detached single-family dwellings, or other accessory buildings shall be compatible with the materials and architecture of the main dwellings on the property. All proposed structures shall be compatible with the character of the neighborhood's surrounding environment and natural environments and shall not unnecessarily impact the privacy, views or desirability of adjoining properties.

Detached accessory buildings shall not occupy more than 50% of the required minimum rear setback for main buildings.

Required minimum setbacks for detached accessory buildings are as follows:

Accessory buildings shall not be located in the required minimum front setback for main buildings.

One detached accessory building with no more than 120 square feet of gross floor area may be constructed in a required minimum side setback. For all other detached accessory buildings, the side setback requirements for main buildings shall apply.

A detached accessory building may be constructed on the rear lot line, provided that the rear lot line abuts an alley. In all other cases, the accessory building shall have a required minimum rear setback of 5 feet.

A detached accessory building shall be set back at least 6 feet from the foundation of the main building.

Attached Accessory Buildings. Attached accessory buildings shall be allowed in all districts. Private garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or may be connected by a breezeway subject to the development standards in this section.

Swimming Pools. Swimming pools, including lap pools, hot tubs, spas and related equipment, are subject to the following requirements:

Swimming pools and related uses shall maintain a 5-foot setback from all property lines. All mechanical equipment associated with swimming pools and related uses shall be enclosed, covered, or shielded so that it is not visible from adjacent properties or public rights-of-way.

Swimming pools and related uses are not included in site coverage unless covered by a roof structure.

All swimming pools and related uses shall be fenced as required by the city building code.

(Ord. 1749 § 4; Ord. 1762 § 1; Ord. 1770 §§ 1, 2)

§ 17.12.100 Crime prevention through environmental design (CPTED).

Purpose. This section contains development regulations to reduce the perception and incidence of crime in Oroville. These regulations are based upon the principles of crime prevention through environmental design (CPTED). Development that incorporates CPTED principles help prevent crime by delineating private and public spaces, enhancing visibility, controlling property access, and ensuring adequate property maintenance. CPTED principles work in combination with other crime prevention strategies, including "target hardening" and police activity.

Design Standards for New Structures.

When Required. The CPTED design standards below apply to all new structures, except for the following:

Single-family homes and accessory structures on single-family lots.

Accessory structures that do not require a building permit.

General Standards. All new structures subject to the requirements of this section shall comply with the CPTED standards located in the following Development Code sections:

Section 17.12.010(C) (Outdoor Lighting).

Section 17.12.050 (Landscaping standards).

Section 17.12.020 (Fences, walls, and screening).

Section 17.12.070 (Parking).

Multi-Family Residential Standards. All new multi-family residential structures shall comply with the following standards:

Building Entrances and Windows.

Common building entrances shall automatically lock upon closing.

ii.

No more than 4 apartments may share a single entrance.

iii.

No more than 2 points of entrance may be provided to common areas within a building.

iv.

Building entrances shall be visible from adjacent streets or buildings.

Windows shall be provided on all sides of a building.

vi.

Buildings shall be oriented so that the windows and doors of one unit are visible from another.

Property Identification.

All buildings and residential units shall be clearly identified using building numbers that comply with the standards in Section 17.20.050(A) (Building Numbers).

ii.

Where possible, individually locking mailboxes shall be located next to the unit which they serve.

Other Standards.

Balcony railings and patio enclosures shall be kept as low as possible using opaque materials. Railing heights and construction features shall comply with California Building Code.

ii.

Recreation areas (playgrounds, pools, tennis courts, club houses) shall be positioned to be visible from units' windows and doors.

iii.

Elevators and stairwells shall be in locations that are clearly visible from windows and outside doors.

Incentives for New and Existing Development. Development projects that incorporate CPTED features that exceed the minimum requirements in this section are eligible for an incentive. See Section 17.26.010 (Incentives for community benefits).

Design Review. To approve design review for a proposed project, the city must find that the project complies with the requirements in this section and incorporates crime prevention design principles to the satisfaction of the chief of police.

Security Plans.

Applicants shall submit to the city a security plan for the following uses:

Alcoholic beverage sales.

Bars, nightclubs, and lounges.

Firearms and related items.

Smoke shops.

The city may issue an occupancy permit for these uses only after the chief of police approves the security plan. For projects that require a use permit, design review, or other discretionary permit, the city may approve the permit only after the chief of police approves the security plan.

(Ord. 1819 § 3, 2017)

§ 17.12.110 Enclosures for solid waste and recyclable materials.

Applicability. This section shall apply to projects meeting any of the following definitions:

A project for which a building permit is required for a commercial, industrial, or institutional building, or a residential building having 5 or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving 5 or more living units.

Any new public facility where solid waste is collected and loaded.

Any improvements to existing areas used for collecting and loading solid waste that requires a building permit.

Any expansion, alteration, or new construction of an existing development which increases the gross floor area by 25% or more.

General Requirements. All projects, as defined in this section, shall include adequate, accessible, and convenient enclosed areas for collecting and loading recyclable materials and solid waste.

Design.

Collection areas shall be enclosed by a solid-walled enclosure that is faced with stucco, split-block masonry or a similar finished surface and designed to be architecturally compatible with existing/proposed structures and surroundings.

Enclosures shall have a minimum wall height of 6 feet.

Gates for refuse collection areas shall consist of a pre-manufactured solid material, such as metal or a similarly durable material.

All collection areas shall be on concrete slabs.

The gate shall be an appropriate size to allow adequate access of the containers by the city's collection contractor.

The enclosure and solid waste and recycling containers shall be of a sufficient size and/or number to provide adequate storage for solid waste and recyclable materials generated by the development.

Containers shall be clearly marked to identify the type of material which may be deposited.

Enclosures or the containers placed therein must provide protection against adverse environmental conditions, such as rain.

Location.

New Construction. Receptacles for collecting and loading recyclable materials and solid waste shall be housed in the same enclosure.

Existing Development. If the existing development has an existing trash enclosure, then the required recycling receptacles shall, to the extent possible, be located inside the trash enclosure. If it is not possible to locate the required recycling receptacles in the existing trash enclosure, the recycling receptacles shall be located adjacent to the existing trash enclosure.

Enclosures shall be located to the rear of a building where possible.

Enclosures shall be located and designed for ease of access by service vehicles and tenants, and in such a way as to minimize conflicts with circulation, parking, and other site uses.

(Ord. 1820 § 2, 2017)

§ 17.12.120 Al fresco dining and seating.

Purpose. The purpose of the regulations and standards in this section are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for al fresco dining and seating. It shall be unlawful for any person to establish an al fresco dining or seating area at any site unless approval had been obtained, as applicable, consistent with this section.

Definitions.

Al fresco dining.

Generally defined as permanent dining areas that are outdoors, either contained fully on private property or on city sidewalks. This dining area shall be a separately identifiable, designated space that is accessory to the operation of a food service establishment.

Al fresco seating.

Generally defined as temporary dining areas located immediately adjacent to or in close proximity to a food service establishment where patrons can sit and consume meals and/or non-alcoholic beverages. An al fresco seating area is characterized by non-permanent improvements where the area can be returned to its original unimproved state.

Frontage zone.

The section of the sidewalk that functions as an extension of the building, whether through entryways and doors or sidewalk cafes and sandwich boards. The frontage zone consists of both the structure and the facade of the building fronting the street, as well as the space immediately adjacent to the building.

Outdoor Dining.

See "Al fresco dining" definition.

Outdoor Seating.

See "Al fresco seating" definition.

Pedestrian through zone.

The primary, accessible pathway for pedestrians that runs parallel to the street and the al fresco sidewalk dining area. This pathway shall be a minimum of six (6) feet in width.

Sidewalk Dining Area.

See "Al fresco dining" definition.

Street furniture/curb zone.

The section of the sidewalk between the curb and the through zone in which street furniture and amenities, such as lighting, benches, newspaper kiosks, utility poles, tree pits, and bicycle parking are provided. The street furniture zone may also consist of green infrastructure elements, such as rain gardens or flow-through planters.

Applicability.

Al fresco sidewalk dining shall be allowed only in the area identified as the "Al Fresco Sidewalk Dining Areas." Generally, the area bounded by High Street, Oliver Street, Arlin Rhine Memorial Drive, and Oak Street, as shown in Figure 17.12.120-1, and the Gateway Site, as shown in Figure 17.12.120-2.

Figure 17.12.120-1

Figure 17.12.120-2

Al fresco dining areas outside of the public right-of-way fully contained on private property shall be allowed in areas of the city zoned for commercial and mixed-use districts as specified in Sections 17.32.010 and 17.34.020 of the zoning code.

Al Fresco Sidewalk Dining Area. Al fresco sidewalk dining shall only be allowed within the specific subareas as identified in subsection (C)(1) ("Applicability").

Conversion of Existing Sidewalk. Sidewalk dining areas that are contained within the existing footprint of the sidewalk without requiring widening to maintain the minimum required pedestrian through zone width.

Design Standards.

Shall be directly adjacent to the business proposing to utilize the sidewalk dining area. The al fresco dining area may also utilize the frontage zone of a neighboring business with the written authorization from the adjacent business and building owner(s) where the sidewalk dining area is proposed to extend.

ii.

A continuous barrier separating the dining area from the pedestrian zone shall be installed a minimum of 3 feet in height but shall not exceed 4 feet in height. This barrier shall be constructed of solid material such as metal, stone block, glass, planter boxes, wrought iron, or a combination thereof.

iii.

Awnings, umbrellas, and similar shade covers must allow vertical clearance of a minimum of 7 feet above sidewalk level.

iv.

Shall comply with all ADA requirements and the city's adopted Building and Fire Code.

All signage shall comply with the city's adopted Sign Code.

vi.

Lighting shall be provided that is architecturally compatible with the design of the al fresco dining area and surrounding area.

vii.

The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience.

Operational Requirements.

The dining area shall be kept clear of trash, litter, and debris.

ii.

Furnishings must be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials. Any unmaintained furnishing shall be repaired or replaced immediately. The restaurant manager or business owner is responsible for maintaining the al fresco dining area free of trash, litter, and food debris.

iii.

Operation of an al fresco dining area shall be permitted only during such times as the hours of operation of the associated food service establishment.

iv.

An al fresco dining operation proposing to serve alcoholic beverages must be duly licensed by the State Department of Alcoholic Beverage Control and obtain a conditional use permit pursuant to Section 17.16.160, as may be required by the subject property's zoning designation, prior to the service of alcoholic beverages.

As applicable, the applicant shall post signage that the drinking or carrying of an open container of alcohol is prohibited outside the al fresco dining area.

vi.

The al fresco dining area shall comply with the city's Noise Ordinance.

vii.

Unobstructed access to fire exits, fire lanes, fire hydrants, fire hose connections, and entrances and exits of all buildings shall be maintained.

Application Review Procedure and Submittal Requirements.

Subject to an administrative permit approved by the development review committee.

ii.

An application for an al fresco dining area shall include a detailed site plan, drawn to scale, noting dimensions of the area proposed for the outdoor cafe; the proposed number and location of tables, chairs and other furnishings to be included in the al fresco dining area; the composition, design, and location of all physical barriers; the location and nature of any proposed landscaping; the relationship of the al fresco dining area to the indoor dining area; and all sidewalk obstructions in the vicinity of the proposed al fresco dining area.

iii.

A detailed description of the type, color, and material of all proposed outdoor furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting shall be included with an application for an al fresco dining area.

Widening of Sidewalk. Sidewalk dining areas that require widening of the sidewalk to accommodate both the new dining area and the minimum required pedestrian through zone width.

Design Standards.

ii.

No more than 2 parking spaces may be converted to widened sidewalk to facilitate any one al fresco dining area. The 2 parking spaces that may be converted to widened sidewalk may either be: 2 parking spaces on one block, or one space on each side of and directly adjacent to the corner of a block where 2 public streets intersect.

iii.

Existing street trees shall be preserved and incorporated into the design of the dining area where possible.

iv.

Awnings, umbrellas, and similar shade covers must allow vertical clearance of a minimum of 7 feet above sidewalk level.

vi.

Shall comply with all ADA requirements and the city's adopted Building and Fire Code.

vii.

All signage shall comply with the city's adopted Sign Code.

viii.

Lighting shall be provided that is architecturally compatible with the design of the al fresco dining area and surrounding area.

ix.

The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience.

Operational Requirements.

The dining area shall be kept clear of trash, litter, and debris.

ii.

iii.

Operation of an al fresco dining area shall be permitted only during such times as the hours of operation of the associated food service establishment.

iv.

As applicable, the applicant shall post signage that the drinking or carrying of an open container of alcohol is prohibited outside the al fresco dining area.

vi.

The al fresco dining area shall comply with the city's Noise Ordinance.

vii.

Unobstructed access to fire exits, fire lanes, fire hydrants, fire hose connections, and entrances and exits of all buildings shall be maintained.

Application Review Procedure and Submittal Requirements.

Subject to an administrative permit approved by the development review committee.

ii.

An encroachment permit shall be obtained prior to any work commencing within the public right-of-way.

iii.

Prior to approving a permit authorizing the widening of a sidewalk that results in the loss of on-street parking, findings shall be made that the loss of on-street parking will not result in an inadequate supply of parking within the downtown area.

iv.

All costs associated to the widening of sidewalk for the operation of an al fresco sidewalk dining area shall be at applicant's sole cost and expense.

vi.

General Liability Insurance.

The applicant shall provide to the city an agreement to indemnify, defend, and hold harmless the city of Oroville, as applicable, for any and all claims for liability or damages arising from the operation of the al fresco dining area.

The restaurant operator or property owner shall provide to the city of Oroville insurance certificates and endorsements evidencing general liability insurance, workers compensation insurance, and such other insurance, in such amounts and forms as may be required by the city of Oroville risk manager.

A permit to operate an al fresco sidewalk dining area shall be subject to termination by the city at any time upon giving written notice to the applicant and/or operator at least 10 days prior to the hearing upon determination of the community development director that one or more of the conditions or provisions of this section have been violated, or that one or more factors listed in this section have changed, or the permitted use is no longer compatible with the intended use of the city property, public sidewalk or other public right-of-way. No prior written notice shall be required to terminate the permit where the community development director in their discretion, that the continued use of the city property, public sidewalk or other public right-of-way for the al fresco dining area poses an imminent threat to health or safety.

Al Fresco Dining Areas Outside of the Public Right-of-Way. Shall apply city-wide in Commercial and Mixed-Use Districts as specified in Sections 17.32.010 and 17.34.020, including the specific subareas as identified in subsection (C)(1) ("Applicability").

Design Standards.

Shall not encroach or be constructed within the public right-of-way.

Parking shall be provided in accordance with Section 17.12.070.

A continuous barrier separating the dining area from drive aisles, parking and, pedestrian facilities shall be installed a minimum of 3 feet in height. This barrier shall be constructed of solid material such as metal, stone block, glass, wrought iron, or a combination thereof.

Awnings, umbrellas, and similar shade covers must allow vertical clearance of a minimum of 7 feet.

Shall comply with all ADA requirements and the city's adopted Building and Fire Code.

All signage shall comply with the city's adopted Sign Code.

Lighting shall be provided that is architecturally compatible with the design of the al fresco dining area and surrounding area.

The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience.

Operational Requirements.

The dining area shall be kept clear of trash, litter, and debris.

Operation of an al fresco dining area shall be permitted only during such times as the hours of operation of the associated food service establishment.

As applicable, the applicant shall post signage that the drinking or carrying of an open container of alcohol is prohibited outside the al fresco dining area.

The al fresco dining area shall comply with the city's Noise Ordinance.

Unobstructed access to fire exits, fire lanes, fire hydrants, fire hose connections, and entrances and exits of all buildings shall be maintained.

Application Review Procedure and Submittal Requirements.

New al fresco dining areas proposed to be added to an already developed site containing a food service establishment shall be subject to an administrative permit approved by the development review committee.

Al fresco dining areas proposed as part of a larger project shall be reviewed and approved by the approval body for the project.

An application for an al fresco dining area shall include a detailed site plan, drawn to scale, noting dimensions of the area proposed for the al fresco dining area; the proposed number and location of tables, chairs and other furnishings to be included in the al fresco dining area; the composition, design, and location of all physical barriers; the location and nature of any proposed landscaping; the relationship of the al fresco dining area to the indoor dining area; and all sidewalk obstructions in the vicinity of the proposed al fresco dining area.

Al Fresco Seating Areas. Shall apply city-wide in Commercial and Mixed-Use Districts as specified in Sections 17.32.010 and 17.34.020, including the specific subareas as identified in subsection (C)(1) ("Applicability").

Operational Standards.

Alcoholic beverages shall not be served or consumed in al fresco seating areas.

The furnishings shall be directly adjacent to or in close proximity of the food service establishment and shall be non-permanent in nature.

The outdoor seating area shall be no larger than 25% of the floor area of the associated food service establishment, or 16 seats, whichever is greater.

Furnishings may be set out as early as 30 minutes prior to opening and must be removed no later than 30 minutes after closing of the business.

Awnings, umbrellas, and similar shade covers must allow vertical clearance of a minimum of 7 feet.

All al fresco seating areas shall comply with the city's Noise Ordinance.

The required pedestrian through zone, emergency access/exits, and fire lanes must be maintained.

No furnishings shall be placed within any required parking or landscape area.

No furnishings may be placed or encroach within the public right-of-way without first obtaining appropriate approvals as specified in subsection (F)(2)(b)("Application Review Procedure and Submittal Requirements").

Application Review Procedure and Submittal Requirements.

If a proposed al fresco seating area consists only of the temporary placement of tables and chairs contained wholly on private property during the food service establishment's hours of operation and complies with the operational standards as detailed above in subsection (F)(1), a permit shall not be required.

If a proposed al fresco seating area consists only of the temporary placement of tables and chairs in the public right-of-way during the food service establishment's hours of operation and complies with the operational standards as detailed above in subsection (F)(1), an administrative al fresco seating area permit shall be required, subject to approval by the director of community development, or designee. An application for an al fresco seating area permit shall contain the following:

A site plan depicting the area within the public right-of-way proposed to be used for the al fresco seating area.

ii.

If the proposed al fresco seating area includes the placement of furnishings in front of a business immediately adjacent to the associated food service establishment, the applicant shall submit written authorization from the adjacent business and building owner(s) to utilize the businesses frontage zone.

iii.

Insurance certificates and endorsements evidencing general liability insurance, workers compensation insurance, and such other insurance, in such amounts and forms as may be required by the city of Oroville risk manager.

iv.

An agreement to indemnify, defend, and hold harmless the city of Oroville, as applicable, for any and all claims for liability or damages arising from the operation of the al fresco seating area.

Exemptions. Al fresco dining and seating areas that deviate from the standards set forth in this Section are subject to a conditional use permit, processed in accordance with Section 17.48.010.

(Ord. 1876, 1/16/2024)