A.
Permit Required. For any parcel in a residential zoning district
that is currently occupied by a single-family home, an administrative
permit is required to establish a new second dwelling unit.
B.
Number of Second Units. A maximum of one second dwelling unit
shall be constructed on any parcel.
C.
Maximum Number of All Units. Second dwelling units shall not
be constructed on any lot or site that is already developed with more
than one dwelling unit.
D.
Location. A second dwelling unit may be either attached to
or detached from the primary dwelling unit on the parcel.
E.
Maximum Size.
1.
The
total floor area for a detached second dwelling unit shall not exceed
1,200 square feet, except that in districts with a minimum lot size
of at least 5 acres, the floor area shall not exceed 2,000 square
feet.
2.
The
floor area of an attached second unit shall not exceed 30% of the
primary dwelling unit's living area.
3.
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 ratio between
its floor area and the living area of the existing dwelling unit.
F.
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 site coverage of the primary dwelling unit, the secondary
dwelling unit and any accessory structures on the parcel shall not
exceed the maximum allowable site coverage.
2.
A
detached second dwelling unit shall be subject to the development
standards for accessory buildings. An attached second dwelling unit
shall be considered as part of a single building with its 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 Section 17.12.070, except that in districts with a minimum lot area of at least 5 acres, parking spaces for the second dwelling unit may be surfaced with gravel.
4.
The
construction of second dwelling units shall comply with City Building
Code requirements in effect at the time of construction.
G.
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.
(Ord. 1749 § 4; Ord. 1770 § 2)
A.
Applicability. All multiple-family residential projects, excluding
those in a downtown historic overlay (DH-O) district, shall include
permanently maintained usable open space for residents as provided
in this section.
B.
Exemptions. The review authority for development review may
modify or waive the usable open space requirements of this section
upon finding, based on substantial evidence, that a public park or
other usable public open space is within a convenient distance of
the development, not to exceed 1/2 mile, and is adequate to meet the
needs of the development.
C.
Area Required. In order to provide convenient recreational
opportunities for the project as a whole, as well as for residents
of individual dwelling units, the following usable open space shall
be required:
1.
For
each dwelling unit, the project shall include a minimum of 200 square
feet of usable open space.
2.
A
project's usable open space may include a combination of common open
space and private open space. However, no more than 50% of the required
usable open space shall be provided as private open space.
3.
If
a private open space is larger than 200 square feet, the additional
area shall not be counted toward the project's usable open space requirement.
E.
Common Open Space.
1.
Any
application for development review of a multiple-family residential
project shall include provisions for the permanent control and maintenance
of all required common open space. For condominiums, these provisions
shall be included in property covenants, and their enforcement shall
be made the responsibility of a homeowners' association or a similar
entity.
2.
Each
common open space shall have a minimum width and depth of 20 feet.
3.
Any
portion of the common open space that is not landscaped shall include
elements to encourage recreational use, such as decks, sports courts,
outdoor seating or decorative paved areas.
4.
A
stormwater detention basin may be considered a usable open space if
it meets the requirements of this section and includes the necessary
improvements to function as a playing field, public plaza or similar
open space.
(Ord. 1749 § 4)
A.
Intent. The requirements of this section are intended to ensure
compatibility between residential and commercial uses that are located
together on a site, and to preserve the city's supply of commercially-zoned
land by reserving space for commercial uses in appropriate amounts
and locations.
B.
Applicability. This section's requirements shall apply to
any mixed-use development in a nonresidential zoning district.
C.
Provision of Commercial Space. The following requirements
shall apply to any mixed-use development:
1.
Nonresidential
uses shall be provided on the ground floor of each street frontage.
The area reserved for nonresidential uses shall extend across the
entire street frontage, excluding any areas that provide access to
the upper floors of the building, and shall have a minimum depth of
40 feet.
2.
In
commercial districts, no more than 75% of the allowed floor area ratio
(FAR) may be used for residential purposes.
D.
Site Design. The design of any mixed-use development shall
minimize potential conflicts between residential and nonresidential
uses on the site. Features such as parking areas, loading spaces,
refuse collection areas, outdoor storage areas and outdoor lighting
shall be designed, located and screened so as to minimize the residents'
exposure to noise, odor and glare.
(Ord. 1749 § 4; Ord. 1763 § 9)
A.
Low-Impact Home Occupations. A home occupation that meets
the following requirements shall be considered a low-impact home occupation
and shall be allowed as of right in any dwelling unit:
1.
The
home occupation shall be conducted entirely within the dwelling unit,
not on other parts of the site.
2.
No
more than 3 customer or other business-related visits shall be conducted
on the premises each day.
3.
No
vehicles, except for those that would ordinarily be located at a place
of residence, shall be based on the premises in conjunction with the
home occupation.
4.
Hazardous
materials, except for those that would ordinarily be located at a
place of residence, shall not be stored or used on the premises.
B.
Moderate-Impact Home Occupations.
1.
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. Renters shall obtain prior written
approval of the property owner before applying for the permit.
2.
Any
administrative permit for a moderate-impact home occupation shall
be granted subject to the following conditions:
C.
Exemptions. The following uses shall not be considered home
occupations:
D.
Requirements. 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
home occupation, including storage of materials and products, shall
be confined principally to 20% of the gross floor area or 300 square
feet, whichever is less.
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.
The
home occupation shall not involve the use of signs or structures,
other than those permitted in the district in which it is located.
6.
The
home occupation shall employ at least one resident of the dwelling
unit. It shall not employ more than one person who is not a resident
of the dwelling unit.
7.
A
dwelling unit may have any number of low-impact home occupations.
However, no more than one moderate-impact home occupation shall be
allowed in a dwelling unit.
8.
No
more than one vehicle, beyond those that would ordinarily be located
at a place of residence, shall be based at the home in conjunction
with any home occupation.
9.
Any
vehicle used in conjunction with the home occupation shall have a
capacity no greater than 3/4 ton.
10.
No home occupation shall involve the elimination of required off-street
parking spaces.
11.
Any merchandise manufactured on the premises shall not require the
transporting of materials or finished products by means other than
a vehicle with a capacity no greater than 3/4 ton.
12.
Delivery of materials to the subject residence shall not exceed 2
deliveries per month. This requirement shall not apply to deliveries
from package delivery services that are ordinarily found in residential
neighborhoods.
(Ord. 1749 § 4)
A.
Purpose. The purpose of this section is to implement the provisions
of the California Child Day Care Act set forth in Chapters 3.4, 3.5
and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70
et seq., hereinafter referred to in this section as the Act), and
to provide reasonable standards, restrictions and requirements specifically
relating to child day care facilities in the City of Oroville.
B.
Exclusions. The provisions of this section shall not apply
to those facilities and arrangements excluded from the provisions
of the California Child Day Care Act pursuant to Section 1596.792
of the Health and Safety Code.
C.
Small Family Day Care Homes. Pursuant to Section 1597.45 of
the Health and Safety Code, a small family day care home that is properly
licensed pursuant to the provisions of the Act shall be considered
a residential use of property and shall be allowed as a matter of
right in all residential districts. Small family day care homes shall
also be allowed as a matter of right in single-family and multiple-family
dwellings in commercial zones. The operation of a small family day
care home without proper state licensing shall constitute a violation
of this section, and, in addition to any remedies available to the
state under the Health and Safety Code, any individual maintaining
such a use shall be guilty of an infraction subject to citation pursuant
to this Code.
D.
Large Family Day Care Homes. Pursuant to Section 1597.46 of
the Health and Safety Code, a large family day care home shall be
permitted in any single-family or multiple-family dwelling in any
area of the city, provided that it obtains a large family day care
home permit in accordance with this section.
E.
Large Family Day Care Homes—Permit Issuance.
1.
Any
person seeking a large family day care home permit shall submit an
application for the permit to the zoning administrator. The zoning
application shall be submitted in a form approved by the zoning administrator.
The zoning administrator shall act on the application within 30 days
of the date it is received and deemed complete by the zoning administrator.
2.
The
zoning administrator shall grant a large family day care home permit
to the applicant only if the following circumstances are present:
a.
The existing or proposed structure complies with all city restrictions
and regulations on building heights, setbacks, site coverage and floor
area ratio (FAR) in the zoning district in which the residence is
located.
b.
The proposed use is located on a lot zoned to allow a single-family
dwelling by right and 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.
c.
The proposed use is located more than 300 feet driving distance and
100 feet radius distance from any other large family day care home
property or child day care center.
d.
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.
3.
As
conditions of approval of a large family day care home permit, the
applicant shall be required to:
a.
Comply with the city building code provisions that apply to single-family
or multiple-family residences, as applicable; and
b.
Comply with any standards promulgated by the State Fire Marshal relating
to the subject of fire and life safety in large family day care homes;
and
c.
Be licensed or deemed to be exempt from licensure by the State of
California as a large family day care home.
(Ord. 1749 § 4; Ord. 1762 § 4)
A.
Applicability. All temporary uses and buildings are required
to obtain a use permit, 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, yard or rummage sale on a residential property,
or a block sale held on several residential properties, provided that
the sale continues no longer than 3 days and only one such sale occurs
in any 30-day period.
4.
A
car or vehicle wash for which compensation is collected, provided
that:
5.
An
on-site construction yard, construction office, scaffolding, material
yard or debris container, in conjunction with an approved building
permit.
7.
A
temporary emergency shelter that is needed to ameliorate the effects
of a declared emergency or disaster, provided that:
C.
Uses Subject to Administrative Permit. The following temporary
uses and buildings, which are required to obtain an administrative
permit, shall be subject to the following requirements:
1.
Carnivals,
circuses, fairs, races, concerts, bazaars, farmers' markets and similar
events, may occur for a maximum of 5 days in any 30-day period.
2.
A
temporary real estate office may operate for a maximum period of one
year from the date of approval of the first phase of a development
project. This period may be extended subject to a use permit. Renewal
of this permit shall follow the same procedure as a new permit application.
3.
The
sale of seasonal holiday agricultural products, including, but not
limited to, Christmas trees and pumpkins, in a nonresidential district,
may occur for a maximum period of 45 days.
4.
The
use of a mobile home or recreational vehicle as a single-family dwelling
unit on a property zoned for single-family residential use may occur
for a period of time not to exceed one year, provided that all of
the following conditions apply:
a.
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.
b.
The occupied mobile home or recreational vehicle is not placed within
a required minimum setback, with the exception of a designated driveway
that conforms to the standards set forth in this chapter.
5.
Disaster
Recovery Temporary Uses. Uses directly associated with an ongoing
disaster.
D.
Prohibited Uses. Car and truck sales shall be prohibited as
a temporary use.
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. 1749 § 4; Ord. 1845 § 1, 2020)
B.
Permitted Activities. Repair work performed on the premises
of a gas station shall be limited to minor repair or replacement of
tires, batteries, ignition systems or accessories normally associated
with gas stations. In districts where major auto repair is permitted,
gas stations may include such operations in an enclosed building.
All automobile parts, including those that no longer function, shall
be stored within a structure.
C.
Site Improvements. All runoff from paved areas of the site
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.
D.
Display of Merchandise. Merchandise other than oil displays
on pump islands shall not be displayed at a gas station, except within
an enclosed structure.
E.
Access.
1.
Vehicular
entrances to the gas station's site shall not be wider than 30 feet.
2.
Vehicular
entrances to the gas station's site shall be separated from one another
as required by the city engineering design standards.
3.
The
total number of vehicular entrances to a gas station's site shall
not exceed one entrance for each 100 feet of the site's street frontage;
provided, however, that each gas station shall have a minimum of 2
vehicular entrances.
F.
Self-Service Gas Stations. Self-service gas stations shall
comply with the requirements of this Code.
(Ord. 1749 § 4)
A.
Display of Merchandise. Merchandise shall not be displayed
except within an enclosed structure.
B.
Vehicle Queuing. The site plan for the drive-through establishment
shall provide adequate queuing space for vehicles, as well as vehicle
circulation paths that prevent backing onto public rights-of-way,
in accordance with the requirements of the city engineering design
standards.
C.
Access.
1.
Vehicular
entrances to the establishment's site shall not be wider than 30 feet.
2.
Vehicular
entrances to the establishment's site shall be separated from one
another as required by the city engineering design standards.
3.
The
total number of vehicular entrances to the establishment's site shall
not exceed one entrance for each 100 feet of the site's street frontage;
provided, however, that each establishment shall have a minimum of
one vehicular entrance.
(Ord. 1749 § 4)
A.
Applicability. The requirements of this section shall apply
to any commercial or industrial facility that has an on-site area
for the washing of vehicles; any commercial washing facility for motor
vehicles, boats or trailers; and all permanent locations where vehicles
are washed for compensation.
B.
Water Quality Requirements.
1.
Vehicles
shall be washed only in designated wash areas that are clearly marked
on the pavement. Each designated wash area shall be paved with an
impervious surface and shall be designed and graded so as to collect
all wash water and direct the water to an approved drainage system.
2.
All
wash water 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 sanitary sewer system.
3.
An
in-bay car wash or a conveyor belt car wash permitted and constructed
after January 1, 2014 shall do either of the following:
4.
All
stormwater runoff shall be channeled into storm drains, away from
the interior of any buildings or structures.
C.
Vehicle Queuing. Traffic circulation shall be designed to
ensure efficient circulation on and off the subject site and ensure
that the car wash will not obstruct the use of on-site facilities,
drive aisles, parking spaces, or neighboring properties. Furthermore,
vehicles should not queue onto a public street, highway, alley, or
other public rights-of-way.
(Ord. 1749 § 4; Ord. 1850 § 5, 2021)
A.
Permit Requirements. A use permit shall be required for the
following related uses:
B.
Animals and Livestock. The keeping of livestock and other animal-related agricultural uses shall be subject to the provisions of Section 17.16.120.
C.
Farmworker Housing. Farmworker housing and migrant farmworker housing consisting of not more than 12 units designed for use by a single household, or 36 beds in a group quarters, in accordance with Health and Safety Code Sections 17000, et seq. shall be treated as an agricultural use in residential zones only, as defined by Section 17.04.060. All structures shall fully comply with the development standards of the underlying land use designation, city building codes, and other applicable city, county, state, federal, or local regulations that may apply. For the purpose of this title, farmworker housing shall be treated as a commercial agricultural use in residential zones.
(Ord. 1749 § 4; Ord. 1804 § VII, 2014)
A.
Purpose and Intent. It is the purpose and intent of this section
to require that marijuana be cultivated only in appropriately secured,
enclosed, and ventilated structures, so as not to be visible to the
general public; to provide for the health, safety and welfare of the
public; to prevent odor created by marijuana plants from impacting
adjacent properties; and to ensure that marijuana grown for recreational
and/or medical purposes remains secure and does not find its way to
non-patients, individuals under the age of 21 years old, or illicit
markets. Nothing in this section is intended to impair any viable
legal defense available to a person using or in possession of recreational
and/or medical marijuana pursuant to the Compassionate Use Act (Health
and Safety Code Section 11362.5), the Medical Marijuana Program Act
(Health and Safety Code Section 11362.7 et seq.), or the Control,
Regulate and Tax Adult Use of Marijuana Act (Prop 64). Nothing in
this section is intended to authorize the cultivation, possession,
or use of marijuana in violation of state or federal law.
B.
Definitions. For the purposes of this section, the following definitions shall apply as defined in Section 17.04.060, unless the context clearly indicates otherwise. If a word is not defined in this title, the common and ordinary meaning of the word shall apply.
|
• Authorized Grower
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• Enforcement Officer
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• Premises
|
|
• Bedroom
|
• Indoors
|
• Primary Caregiver
|
|
• Child Care Center
|
• Immature Marijuana Plant
|
• Qualified Patient
|
|
• Cultivation
|
• Legal Parcel
|
• Rear Yard
|
|
• Detached, Fully-Enclosed and Secure Structure
|
• Mature Marijuana Plant
|
• Residential Structure
|
|
• Outdoor
|
• Solid Fence
|
C.
Cultivation of Marijuana. The following regulations shall
apply to the cultivation of marijuana within the city:
1.
No
person, other than a qualified patient, primary caregiver, or individual
over the age of 21 may engage in cultivation of marijuana. It is hereby
declared to be unlawful and a public nuisance for any person or persons
owning, leasing, occupying, or having charge or possession of any
legal parcel or premises within any zoning district in the city to
cultivate marijuana except as provided for in this section.
2.
Residency Requirement. Either a qualified patient, primary
caregiver or individual over the age of 21 shall reside full-time
on the premises where the marijuana cultivation occurs.
3.
Outdoor Cultivation. It is unlawful and a public nuisance
for any person owning, leasing, occupying, or having charge or possession
of any legal parcel or premises within any zoning district in the
city to cause or allow such parcel or premises to be used for the
outdoor cultivation of marijuana plants.
4.
Residential Structure Cultivation. It is unlawful and a public
nuisance for any person to cultivate marijuana inside any residential
structure or building without a marijuana cultivation permit issued
by the city police chief or designee, as provided herein.
5.
Cultivation in Nonresidential Zones. Cultivation of marijuana
is prohibited in all agricultural (except agricultural-residential),
commercial, office, industrial, open space, special purpose, mixed
use, and other nonresidential zoning districts.
6.
Proximity to Schools, Child Care Centers, and Parks. It is
unlawful and a public nuisance to cultivate marijuana on any legal
parcel or premises within 250 feet of any school, child care center,
or public park. The 250 feet shall be measured from the closest property
line of the school, child care center, or park to the closest property
line of the cultivation parcel.
7.
Cultivation Area. It is hereby declared to be unlawful and
a public nuisance for any person(s) owning, leasing, occupying, or
having charge or possession of any legal parcel or premises within
any zoning district in the city to cultivate marijuana within a detached
structure equal to or less than 120 square feet in size.
8.
Indoor Cultivation in Residential Zones. The indoor cultivation
of marijuana in a residential zone shall only be conducted within
a detached, fully-enclosed and secure structure greater than 120 square
feet in size or within a residential structure conforming to the following
minimum standards:
a.
Any detached structure, regardless of square footage, constructed,
altered or used for the cultivation of marijuana must have a valid
building permit duly issued by the building official. The building
official shall consult with the planning director and police chief
in consideration of any building permit application seeking a building
permit for the construction or alteration of any structure to be used
for marijuana cultivation.
b.
Indoor grow lights shall not exceed 1,200 watts and shall comply
with the California Building, Electrical and Fire Codes as adopted
by the city. Gas products (including, without limitation, CO2, butane,
propane, and natural gas), or generators shall not be used within
any detached structure used for the cultivation of marijuana.
c.
Any detached, fully-enclosed and secure structure or residential
structure used for the cultivation of marijuana must have a ventilation
and filtration system installed that shall prevent marijuana plant
odors from exiting the interior of the structure and shall comply
with the California Building Code. The ventilation and filtration
system must be approved by the building official and installed prior
to commencing cultivation within the detached, fully-enclosed and
secure structure or residential structure.
d.
A detached, fully-enclosed and secure structure used for the cultivation
of marijuana shall be located in the rear yard area of a legal parcel
or premises, maintain a minimum 10-foot setback from any property
line, and the area surrounding the structure must be enclosed by a
solid fence at least 6 feet in height.
e.
Adequate mechanical or electronic security systems approved by the
building official and police chief must be installed in and around
the detached structure or the residential structure prior to the commencement
of cultivation.
f.
Marijuana cultivation occurring within a residence shall be cultivated
in an area no larger than 50 square feet, regardless of how many qualified
patients, primary caregivers or individuals over the age of 21 are
residing at the premises.
g.
Cultivation of marijuana shall not take place in the kitchen, bathrooms,
or bedrooms being utilized by any person for sleeping purposes in
any building.
h.
Cultivation of marijuana shall not take place on any carpeted surface.
i.
Marijuana cultivation for sale is prohibited.
j.
Marijuana cultivation may not occur in both a detached structure
and inside a residence on the same parcel.
k.
The authorized grower shall take measures to prevent persons under
18 years of age from accessing medical marijuana cultivation areas,
whether in a detached building or in a residence.
D.
Cultivation Permit.
1.
Prior
to commencing any marijuana cultivation, the person(s) owning, leasing,
occupying, or having charge or possession of any legal parcel or premises
where marijuana cultivation is proposed to occur must obtain a marijuana
cultivation permit from the police chief or designee. The following
information will be required with the initial permit application and
subsequent permit extensions:
a.
A notarized signature from the owner of the property consenting to
the cultivation of marijuana at the premises on a form acceptable
to the city.
b.
The name of each person, owning, leasing, occupying, or having charge
of any legal parcel or premises where marijuana will be cultivated.
c.
The name of each qualified patient, primary caregiver or individual
over the age of 21 who participates in the marijuana cultivation.
d.
A copy of a current valid medical recommendation or county issued
medical marijuana card for each qualified patient and primary caregiver
identified as required above.
e.
The physical site address of where the marijuana will be cultivated
with a drawing and detailed description of where on the property the
marijuana will be cultivated.
f.
A signed consent form, acceptable to the city, authorizing city staff,
including the police department, authority to conduct an inspection
of the detached, fully-enclosed and secure structure or area of the
residence used for the cultivation of marijuana upon 24 hours' notice.
2.
The
initial permit shall be valid for no more than 2 years and may be
extended in increments of 2 years.
3.
To
the extent permitted by law, any personal or medical information submitted
with a marijuana cultivation permit application or permit extension
shall be kept confidential and shall only be used for purposes of
administering this section.
4.
The police chief, or designee, may, in his/her discretion, deny any application for a marijuana cultivation permit, or extension thereof, where he or she finds, based on articulated facts, that the issuance of such permit, or extension thereof, would be detrimental to the public health, safety, or welfare. The police chief shall deny an application for a marijuana cultivation permit, or extension thereof, which does not demonstrate satisfaction of the minimum requirements of this section. The denial of any permit application, or permit extension, shall be subject to appeal pursuant to Section 17.56.100.
5.
The
city council shall establish a fee or fees required to be paid upon
filing an application for permit(s) as provided by this section, which
fees shall not exceed the reasonable cost of administering this section.
(Ord. 1799 § 3, 2013; Ord. 1821 § 2, 2017)
A.
Purpose.
1.
The
purpose of this section is to regulate adult-oriented businesses in
order to promote the health, safety, morals, and general welfare of
the city's residents and businesses. 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 section
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 section to condone or legitimize
the distribution of obscene material.
2.
This
section 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 business 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.
Applicability.
1.
In
determining whether a use is an adult business, only conduct or activities
that constitute a regular and substantial course of conduct, or a
use that has a majority of its floor area, stock-in-trade or revenue
derived from material characterized by an emphasis on matters depicting,
exposing, describing, discussing or relating to specified sexual activities
or specified anatomical areas, shall be considered. Isolated instances
of conduct or activities described in this chapter as characterizing
an adult business shall not be considered except where such activities,
taken together, constitute a regular and substantial course of conduct.
2.
There
is a rebuttable presumption that an establishment constitutes an adult-oriented
business where the establishment does all of the following:
C.
Establishment of an Adult-Oriented Business. As used in this
section, to "establish" an adult-oriented business shall 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.
3.
The
addition of any new adult-oriented businesses to any other existing
adult-oriented business.
4.
The
relocation of any adult-oriented business.
D.
Minimum Proximity Requirements.
1.
No
adult-oriented business shall be established in any of the following
locations:
2.
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.
3.
If
any one of the above proximity requirements would have the effect
of entirely prohibiting adult-oriented businesses within the city,
this proximity requirement shall not be enforced. However, the remaining
proximity requirements shall continue to apply.
E.
Adult-Oriented Business Permit Required.
1.
It
is unlawful to operate an adult-oriented business without an adult-oriented
business permit that has been issued in accordance with the requirements
of this section.
2.
The
fact that an applicant possesses other types of state or city permits
or licenses does not exempt the applicant from the requirement of
obtaining an adult-oriented business permit.
3.
The
provisions of this section are not exclusive. Compliance with this
section shall not excuse noncompliance with any other city regulations
pertaining to the operation of businesses.
F.
Application for Adult-Oriented Business Permit. An application
for an adult-oriented business permit shall be submitted to the chief
of police, accompanied by a fee established by resolution of the city
council, and shall include all of the following information:
1.
Because
an adult-oriented business permit is nontransferable, except as provided
in this section, an application for an adult-oriented business permit
shall include all of the following information:
a.
If the applicant is an individual, the individual shall state his
or her legal name, including all aliases, and his or her address.
The applicant shall also submit written proof that he or she is at
least 18 years of age.
b.
If the applicant is a partnership, the partners shall state the partnership's
complete name and address; list the names of all partners; indicate
whether the partnership is general or limited; and attach a copy of
the partnership agreement, if any.
c.
If the applicant is a corporation, the corporation shall provide
its complete name; the date of its incorporation; evidence that the
corporation is in good standing; the names and capacity of all officers
and directors; the name of the registered corporate agent; and the
address of the registered office for service of process.
d.
If the applicant is a limited liability company, the company shall
provide its complete name, the date of establishment, evidence that
the company is in good standing under the laws of California, the
names and capacities of all members and the name and the address of
the managing member.
2.
If
the applicant is an individual, he or she shall sign the application.
If the applicant is a partnership, corporation or limited liability
company, an officer of the business entity or an individual with a
10% or greater interest in the business entity shall sign the application.
3.
If
the applicant intends to operate the adult-oriented business under
a fictitious business name, the applicant shall file the fictitious
name of the adult-oriented business and show proof of registration
of the fictitious name.
4.
A
description of the type of adult-oriented business for which the permit
is requested and the proposed address where the adult-oriented business
will operate, plus the names and addresses of the owners and lessors
of the adult-oriented business site.
5.
The
address to which notice of action on the application is to be mailed.
6.
The
names of all employees, independent contractors and other persons
who will work at the adult-oriented business.
7.
A
diagram showing the interior configuration of the premises, including
a statement of the total floor area occupied by the adult-oriented
business. The diagram must be drawn to a designated scale, or it must
include marked dimensions of the interior of the premises to an accuracy
of plus or minus 6 inches.
8.
A
diagram drawn to scale, prepared no more than 30 days prior to application,
depicting the building and the portion of the building to be occupied
by the adult-oriented business, as well as the following:
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 permit is requested.
b.
The property lines of any house of worship, school, park, child or
family-oriented business, residential district or residential use
within 1,000 feet of the primary entrance of the adult-oriented business.
9.
A
diagram of the off-street parking areas and premises of the adult-oriented
business showing the location of the lighting systems required by
this section.
10.
A statement describing how the adult-oriented business will meet
the development and performance standards described in this section.
G.
Investigation and Action on Application.
1.
Upon
receipt of a completed application and its accompanying fee, 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 an adult-oriented
business permit.
2.
Within
30 days of receipt of the completed application, the chief of police
shall complete the investigation and approve or deny the application.
The application may only be denied for the reasons specified in this
section.
3.
The
chief of police shall deny the application if any of the following
conditions exist:
a.
The applicant, or any of his or her employees, agents, partners,
directors, officers, shareholders or managers, have knowingly made
any false, misleading or fraudulent statement of material fact in
the application for an adult-oriented business permit.
b.
An applicant is under 18 years of age.
c.
The required application fee has not been paid.
d.
The adult-oriented business would not comply with the locational
requirements and performance standards of this section.
4.
Upon
approving or denying the application, the chief of police shall notify
the applicant as follows:
a.
The chief of police shall write or stamp "Granted" or "Denied" on
the application and sign and date this 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 an adult-oriented business permit.
d.
The application as granted or denied shall be delivered to the applicant
by mail at the address stated in the application.
H.
Transfer of Adult-Oriented Business Permit.
1.
A
permittee shall not operate an adult-oriented business at any place
other than the address stated in the application for the adult-oriented
business permit.
2.
A
permittee shall not transfer ownership or control of an adult-oriented
business or transfer an adult-oriented business permit to another
person until the chief of police has amended the permit as needed.
To obtain this amendment, the transferee shall file a transfer application
in accordance with the requirements specified in this section for
an adult-oriented business permit, accompanied by a transfer fee established
by resolution of the city council. The chief of police shall deny
the permit unless it is determined that the transferee would be entitled
to the issuance of an original permit.
3.
If
the chief of police has notified a permittee that the permit has been,
or may be, suspended or revoked, the permit shall not be transferred.
4.
Any
attempt to transfer a permit, either directly or indirectly, in violation
of this section is hereby declared void, and the permit in question
shall be deemed revoked.
I.
Registration of New Employees.
1.
As
a condition of approval of every adult-oriented business permit issued
pursuant to this section, the owner or operator shall register every
employee with the police department within 5 business days of the
commencement of the employee's period of employment.
2.
Each
employee shall be required to provide 2 recent color passport-quality
photographs and shall allow him or herself to 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:
3.
The
information provided to the police department shall be maintained
as confidential information, and shall not be disclosed as a public
record except pursuant to a 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 this registration for inspection by any
police officer for purposes of determining compliance with the requirements
of this section.
5.
Failure
to register a new employee within 5 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 permit and may be considered
grounds for suspension or revocation of the permit.
J.
Suspension or Revocation of Adult-Oriented Business Permit. An adult-oriented business permit may be suspended or revoked if any of the following has occurred, subject to appeal as provided in Section 17.56.100:
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.
Development and Performance Standards.
1.
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.
2.
During
hours of operation after dusk, all off-street parking areas and entries
to the premises of the adult-oriented business shall be illuminated
by a lighting system that maintains an average horizontal illumination
of one footcandle of light on the parking surface and pedestrian walkways.
This 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. This lighting system
shall be shown in the application materials as required by this section.
3.
The
premises within which the adult-oriented business is located shall
provide sufficient sound-absorbing insulation so that noise generated
inside the premises shall not be audible on any adjacent property
or public right-of-way, within any other building, or within a separate
unit in the same building.
4.
An
adult-oriented business shall be open for business only between the
hours of 9:00 a.m. and midnight on any particular day.
5.
The
building entrance to an adult-oriented business shall be clearly posted
with a notice indicating that persons under 18 years of age are precluded
from entering the premises. This notice shall be constructed and posted
to the satisfaction of the chief of police. No person under the age
of 18 years shall be permitted within the premises at any time.
6.
For
commercial establishments not defined by this chapter 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 floor area. Inventory
and content in the sexually-oriented section shall not be visible
from the general area at any time, and the entrance to this area shall
be clearly posted with a notice indicating that persons under 18 years
of age are precluded from entering.
7.
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.
8.
Any
adult-oriented business that 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 2 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. This required view shall
be in a direct line of sight from the manager's station.
b.
No patron is permitted access to any area of the premises that 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
2 such rooms that would allow viewing from one booth into another
or that would allow physical contact of any kind between the occupants
of the booths or rooms.
e.
Customers, patrons or visitors shall not be allowed to stand idly
in the vicinity of any video booths, or to remain in the common area
of the business, other than restrooms, unless they are actively engaged
in shopping for or reviewing the products available for 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 shall be grounds for
suspension or revocation of the adult-oriented business permit.
9.
All
indoor areas of the adult-oriented business shall be illuminated at
the following average horizontal illumination, evenly distributed
at ground level:
a.
Adult bookstores and other retail establishments: 20 footcandles.
b.
Adult theaters: 5 footcandles, except during performances, at which
time the lighting shall be at least 1.25 footcandles.
c.
Adult arcades: 10 footcandles.
d.
Adult motels and adult motion picture theaters: 20 footcandles in
public areas.
10.
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 for females, and female patrons and employees shall be
prohibited from using the restroom for males, except to carry out
duties of repair, maintenance and cleaning of the restroom facilities.
The restrooms shall be free from any adult-oriented material. Restrooms
shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. These requirements
for restroom facilities shall not apply to an adult-oriented business
that deals exclusively with sale or rental of adult-oriented material
that is not used or consumed on the premises, such as an adult bookstore
or adult video store, and that does not provide restroom facilities
to its patrons or the general public.
11.
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 that is at least 18 inches above the
level of the floor and is separated by a distance of at least 10 feet
from the nearest area occupied by patrons. 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 that are exclusively dedicated to the
entertainers' use.
c.
The adult-oriented business shall provide an entrance for entertainers
that is separate from the entrance 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 this separate access is not physically feasible,
the adult-oriented business shall provide a minimum 3-foot aisle for
entertainers between the dressing room area and the stage, with a
railing, fence or other barrier separating the patrons and the entertainers
and preventing any physical contact between patrons and entertainers.
e.
Before, during or after performances, there shall be no physical
contact between entertainers and patrons. This requirement shall apply
only to physical contact on the premises of the adult-oriented business.
f.
Fixed rails with a minimum height of 30 inches shall be maintained
to establish the separations between entertainers and patrons required
by this section.
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 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, or
the female breast with less than fully opaque coverage over any part
of the nipple or areola.
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.
j.
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 conduct prohibited by this section
from occurring on the premises.
k.
Security guards for an adult-oriented business shall be charged with
preventing violations of law and enforcing compliance by patrons with
the requirements of this section. Security guards shall be uniformed
in such a manner 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
by this section 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.
L.
Inspection. At any time that the premises of an adult-oriented
business are occupied or open for business, the licensee shall permit
representatives of the police department, fire department, department
of community development and public works, or other city departments
or divisions to inspect the premises of an adult-oriented business
for the purpose of ensuring compliance with this section. The refusal
to allow such an inspection shall be a violation of the provisions
of this section.
M.
Violation. Any person or entity violating any of the provisions
of this section shall be guilty of a misdemeanor and shall be deemed
guilty of a separate offense for each day during which any violation
of the provisions of this section is committed, continued or permitted.
N.
Civil Injunction. The violation of any provision of this section
is hereby declared to be contrary to the public interest and shall,
at the discretion of the city, create a cause of action for injunctive
relief.
O.
Administrative Remedies. In addition to the civil remedies
and criminal penalties set forth above, any person or entity that
violates the provisions of this section may be subject to administrative
remedies, as set forth by city ordinance.
(Ord. 1749 § 4; Ord. 1762 § 5)
A.
Purpose. These regulations are intended to allow persons to
keep and maintain animals or livestock at their private residences
and business establishments in a manner that will protect the health,
safety and welfare of the animals and of the occupants of nearby land
uses.
B.
Applicability.
1.
It is lawful to keep, feed or raise livestock and domesticated animals, either for domestic or commercial purposes, provided that such uses comply with all applicable city, county and state requirements, including the requirements of this section and all applicable county and state requirements, as well as the requirements of Title 6 of this Code.
2.
In
residential districts, it is lawful to keep a larger number of animals
than allowed in this section, and to keep types of animals other than
those allowed in this section, provided that the number and type of
animals complied with all applicable city or county requirements at
the time when the animal keeping began or the property was annexed
to the city. In addition, lawfully-acquired animals may be replaced
with animals of the same number and type. If the animal keeping is
discontinued for at least one year, any future animal keeping on the
site shall be in conformity with the provisions of this section.
C.
General Regulations.
1.
The keeping of animals in such a way as to create flies, odor, dust, damage or hazards that affect surrounding properties, or noise in excess of that allowed by Section 17.12.010, shall not be permitted. Proper sanitation and management of manure, feed and drainage shall be practiced to prevent these impacts.
2.
Animals
other than cats shall be prevented from leaving the premises on which
they are kept, either by using a tie or leash or by placing them within
a fence, cage, structure or other enclosure that is of adequate design
and construction to contain the animals.
3.
Livestock
shall be permitted on public street rights-of-way only if the animals
are being ridden or led or are otherwise under human control. No livestock
shall be driven loosely upon public street rights-of-way without prior
approval of the city engineer.
4.
As
used in this section, the term "available site area" refers to the
total area of the site, excluding areas covered by structures that
are not used to house animals. When 2 or more animals are located
on the same site, the sum of the required available site area for
each animal shall be required.
D.
Animal Keeping—Residential Districts. The type and number
of animals that may be kept in residential districts shall be limited
as follows:
1.
Animals
may be kept for noncommercial purposes as specified in Table 17.16.120-1.
|
Table 17.16.120-1
Noncommercial Animal Keeping in Residential Districts
| ||
|---|---|---|
|
|
Animals Allowed
| |
|
Animal
|
One Dwelling Unit on Parcel
|
Multiple Dwelling Units on Parcel
|
|
Poultry over 12 weeks old
|
6 total
|
6 total
|
|
Homing pigeons
|
6 total
|
6 total
|
|
Rabbits
|
6 total
|
6 total
|
|
Weaned dogs
|
3 total
|
3 per dwelling unit
|
|
Weaned cats
|
3 total
|
2 per dwelling unit
|
|
Small reptiles and amphibians, such as turtles, lizards, snakes
and frogs
|
6 total
|
3 per dwelling unit
|
|
Small birds, such as parakeets, parrots or canaries
|
6 total
|
3 per dwelling unit
|
|
Pot-bellied pigs
|
1 total
|
1 per dwelling unit
|
|
Fish and other underwater animals
|
No limit
|
No limit
|
2.
On
any site larger than 1/2 acre, one weaned goat, sheep or similar small
livestock animal may be kept.
3.
In
UR-10, UR-5, RA, RR-1, RR-20 and RR-10 districts, the following animals
may be kept for noncommercial purposes:
a.
One weaned horse, cow, donkey or mule for each 20,000 square feet
of available site area. Sites less than 5 acres shall be limited to
a maximum of 6 such animals.
b.
One hive of honeybees for each 20,000 square feet of available site
area, up to a maximum of 2 hives; provided, however, that aggressive
types of bees, such as Africanized honeybees, shall not be kept.
c.
One weaned goat, sheep or similar small livestock animal for each
8,000 square feet of available site area. Sites less than 5 acres
shall be limited to a maximum of 6 such animals.
d.
One ostrich, emu or other ratite for each 3,500 square feet of available
site area. Sites less than 5 acres shall be limited to a maximum of
6 such animals.
4.
If
a site in a residential district includes nonresidential land uses,
those land uses may keep the following animals for noncommercial purposes:
5.
Future
Farmers of America (FFA) and 4-H activities are exempt from the limitations
in this section.
E.
Animal Keeping—Nonresidential Districts.
1.
Except
for residential dwellings, any land use in a nonresidential district
may keep the following animals for noncommercial purposes:
2.
Residential
dwellings in a nonresidential district shall be subject to the animal
keeping requirements for residential districts.
3.
A
use permit, including conditions that ensure the proper management
of manure, odors, noise, dust, flies and drainage, shall be required
for commercial uses related to animal keeping, including, but not
limited to:
4.
Future
Farmers of America (FFA) and 4-H activities are exempt from the limitations
in this section.
F.
Location Requirements.
1.
Poultry
or rabbits that are not kept in a building shall be kept in a fully-enclosed
structure located at least 60 feet from any occupied building on an
abutting parcel.
2.
Pens,
pastures or stables for livestock or ratites, as well as bee hives,
shall be located at least 150 feet from any occupied building on an
abutting parcel.
(Ord. 1749 § 4; Ord. 1819 § 4, 2017)
A.
Temporary Outdoor Display and Sales. The temporary outdoor
display or sale of merchandise shall be allowed as of right, provided
that it complies with the following requirements:
1.
The
outdoor display or sale shall be conducted as an extension of an approved
commercial use on the same site.
2.
The
outdoor display or sale shall occur for no more than 120 days within
any one-year period.
3.
The
outdoor display shall not be placed on any sidewalk or pedestrian
path that is narrower than 8 feet. In addition, portable signs shall
not be placed where they would cause the usable width of a sidewalk
or pedestrian path to become narrower than 5 feet or would otherwise
obstruct the movement of pedestrians.
4.
The
outdoor display shall not have a width that exceeds 3 feet and shall
not occupy more than 50% of the store frontage.
B.
Permanent Outdoor Display and Sales. The permanent outdoor
display or sale of merchandise shall comply with the following requirements:
1.
An
administrative permit shall be required for a permanent outdoor display
or sales area. The permit shall specify the approved location of the
display and sales area. This permit requirement shall not apply to
the outdoor display or sales of living plants or cut flowers; however,
these activities shall be subject to all applicable requirements of
this section.
2.
The
outdoor display and sales area shall be directly related to a business
occupying a permanent structure on the same site.
3.
The
outdoor display and sales area shall be screened from the view of
adjoining public rights-of-way by decorative walls, fences or landscaping.
Vehicle sales lots, produce stands, living plants and cut flowers,
and oil displays on gas station pump islands are exempt from this
screening requirement.
4.
Additional
signs beyond those approved or allowed for the subject use are prohibited.
C.
Configuration of Display and Sales Areas. All outdoor display
and sales areas shall be subject to the following requirements:
1.
The
outdoor display of merchandise shall not exceed a height of 6 feet
above grade, except with approval of a use permit. Trees and other
plants that are greater than 6 feet tall are exempt from this requirement.
2.
Outdoor
sales areas shall not encroach into required minimum setback areas.
In zoning districts where there is no required minimum setback, the
outdoor sales area shall have a required minimum setback of 5 feet
from adjacent property lines.
3.
Displayed
merchandise shall occupy a fixed location that does not disrupt the
normal function of the site or its circulation, and does not encroach
upon driveways, landscaped areas, easements or pedestrian walkways.
A display shall not obstruct intersection visibility or otherwise
create hazards for vehicle or pedestrian traffic. Merchandise must
be located entirely within private property, may not encroach into
the public right-of-way, and may not occupy any required parking areas.
(Ord. 1749 § 4)
A.
Applicability. In nonresidential districts, all storage containers
and permanent storage areas outside of a structure shall be subject
to the provisions of this section, except as follows:
B.
Permit Requirements. Permits shall be required for outdoor
storage areas as follows:
1.
In
residential districts, one or more outdoor storage containers and
storage areas with a total area of up to 150 square feet shall be
allowed on a site as of right, subject to the requirements of this
section.
2.
In
commercial and mixed-use districts, one or more outdoor storage containers
and storage areas with a total area of up to 250 square feet shall
be allowed on a site as of right, subject to the requirements of this
section.
3.
In
industrial districts, one or more outdoor storage containers and storage
areas with a total area of up to 500 square feet shall be allowed
on a site as of right, subject to the requirements of this section.
4.
All
other outdoor storage containers and storage areas, including storage
areas for uses that are customarily conducted outdoors, shall be required
to obtain a use permit.
C.
Number, Size and Location.
1.
Outdoor
storage containers and storage areas shall not occupy more than 10%
of the area of any site. In addition, no more than 4 outdoor storage
containers shall be located on a site.
2.
Outdoor
storage containers and storage areas shall be set back at least 10
feet from any lot line, and they shall not be located in any required
minimum setback.
3.
Outdoor
storage containers shall have a maximum height of 15 feet.
D.
Screening. Outdoor storage areas shall be screened by a solid
fence of sufficient height to ensure that the outdoor storage area
is not visible from public rights-of-way. The fence, and the storage
area's contents, shall have a maximum height of 7 feet on sites located
within or adjacent to a residential district, and 15 feet on all other
sites. The exterior of the fence shall provide a decorative architectural
treatment.
E.
Hazardous Wastes and Substances. Hazardous wastes and substances as defined in Chapter 8.12 of this Code, including liquids, shall not be stored in an outdoor storage area or storage container, except with the approval of the fire chief. The approval shall be granted only if the applicant demonstrates the following:
(Ord. 1749 § 4; Ord. 1763 § 10)
A.
Purpose. The purpose of these regulations is to promote the
health, safety, comfort, convenience, prosperity and general welfare
by requiring that new and existing mobile food vendors provide the
community and customers with a minimum level of cleanliness, quality
and security.
B.
Permit Required. Mobile food vendors shall be required to
obtain an administrative permit as provided in this chapter. The permit
application shall include the authorization of each property owner
where the mobile food vendor intends to vend.
C.
Location.
1.
The
mobile food vendor shall not operate in parking spaces required to
meet minimum parking requirements for any other business.
2.
The
mobile food vendor shall not block any parking required to adequately
serve other businesses, or any driveways or aisles for vehicular circulation.
3.
The
mobile food vendor shall be visible from the street.
D.
Condition of Vending Station.
1.
The
mobile food vendor shall display a current business tax certificate
and health department permit in plain view at all times on the exterior
of the vending station. In addition, the mobile food vendor shall
have a letter of permission from the owner of the subject property
available at all times.
2.
The
vending station shall be maintained in operating condition at all
times.
3.
The
vending station shall not include a permanent foundation or other
feature that would constitute an improvement to real property.
4.
The
vending station shall not discharge any materials onto the sidewalk,
gutter or storm drains.
E.
Condition and Appearance of Site.
1.
Exterior
storage of refuse, equipment or materials associated with the mobile
food vendor is prohibited, except for litter receptacles required
by this section.
2.
No
chairs, tables, fences or other site furniture, including permanent
and temporary furniture, shall be permitted in conjunction with mobile
food vending establishments.
F.
Litter Control.
1.
The
mobile food vendor shall provide a minimum of two 32-gallon litter
receptacles within 15 feet of the vending station.
2.
The
mobile food vendor shall keep the subject property and adjacent right-of-way
free of litter within 200 feet of the vehicle.
3.
All
refuse shall be removed from the site and properly disposed of on
a daily basis.
G.
Hours of Operation. The mobile food vendor's operations shall
not be conducted before 7:00 a.m. or after 10:00 p.m.
(Ord. 1749 § 4; Ord. 1819 § 4, 2017)
A.
Criteria to Be Considered. In determining whether to grant
a use permit for alcoholic beverage sales and appropriate conditions
to be imposed, the planning commission shall consider the following
issues, and make appropriate findings, based on substantial evidence,
for each issue:
1.
The
nature of all land uses within 500 feet of the proposed alcoholic
beverage sales, and in particular, the location of similar nearby
uses and the location of residences, parks, schools and houses of
worship.
2.
Appropriate
measures to provide proper maintenance of the building exterior, including
provisions to keep the premises free of litter and debris.
3.
Lighting
of exterior areas, including parking lots, to discourage loitering
outside of the building.
4.
Protection
of adjacent properties from noise, odors and undue light and glare,
as well as illegal activity.
5.
Provision
of onsite security, both inside and outside the building, to satisfy
any concerns raised by the chief of police.
6.
Hours
of operation.
7.
Controls
on occupancy limits inside of the building and loitering outside of
the building.
8.
Prevention
of adverse effect of the use on the value of adjacent properties.
9.
Whether
approval would result in an undue concentration of these uses, and
whether public convenience or necessity would mitigate the issue of
undue concentration.
B.
Conditions of Approval. Any use permit for alcoholic beverage
sales may include any conditions necessary to ensure that the use
operates in a manner that provides adequate protection of public health,
safety and welfare.
(Ord. 1749 § 4)
A.
Purpose. The purpose of this section is to establish a consistent
set of standards to regulate the placement and design of wireless
communication facilities. These standards are intended to protect
and promote public health, safety, community welfare and the unique
visual character of the City of Oroville by encouraging the orderly
development of wireless communication infrastructure.
B.
Exemptions. The following facilities shall be exempt from
the regulations of this section, and shall be permitted provided that
the following conditions are met:
1.
Receive-only
radio and television antennas, including satellite dishes less than
18 inches in diameter, provided that all of the following requirements
are met:
2.
Amateur
radio facilities, provided that all of the following requirements
are met:
a.
Only one such facility is installed on any single site.
b.
The facility meets all setback, site coverage and other limitations
on structures in the applicable zoning district, except height.
c.
If tower-mounted, the supporting tower does not exceed 35 feet in
height from the natural grade below.
d.
The overall facility is no taller than necessary to support its function.
e.
The overall facility does not exceed the maximum height in the applicable
zoning district by more than 20 feet. Increased height may be allowed
if necessary to support the facility's function, subject to a use
permit.
f.
Multiple antennas are grouped so as not to exceed 9 square feet in
area.
g.
The facility is licensed with the FCC.
h.
All required building permits are obtained.
3.
Temporary
wireless communication facilities providing public information coverage
of a news event. Mobile facilities providing public information coverage
of news events may be set up on public or private property for a duration
of 72 hours or less.
4.
Personal
wireless Internet equipment, such as a wireless router, provided that
these devices comply with all applicable FCC regulations.
5.
Personal
handheld and portable wireless devices, such as mobile phones, cordless
phones, personal digital assistants (PDAs) and wireless headphones,
provided that these devices comply with all applicable FCC regulations.
C.
General Requirements. All wireless communication facilities
that are subject to the requirements of this section shall meet the
following general requirements, regardless of the zoning district
in which they are located:
1.
The
construction of any wireless communication facility shall require
a building permit issued by the city.
2.
Wireless
communication facilities shall comply with all applicable local, State
and federal requirements, including, but not limited to, the general
plan, any applicable specific plan, the requirements of this title
and this Code, and all applicable Federal Communications Commission
(FCC) rules, regulations and standards.
3.
No
wireless communication facility shall be sited or operated in such
a manner that it poses, either by itself or in combination with other
such facilities, a potential threat to public health. To that end,
no wireless communication facility or combination of facilities shall
produce at any time power densities that exceed the current FCC adopted
standards for human exposure to RF fields.
D.
Height. Wireless communication facilities shall meet the following
height requirements:
1.
All
wireless communication facilities shall be of the minimum functional
height.
2.
No
wireless communication facility, except an amateur radio facility,
may exceed the allowed height in its zoning district unless the operator
can show that the applicable height limit would eliminate the operator's
ability to provide service in an area.
3.
No
roof-mounted wireless communication facility, except an amateur radio
facility, may be more than 15 feet taller than the roof of the building
on which it is mounted.
4.
If
an operator wishes to apply for an exception to these height limitations,
then an Alternatives Analysis must be completed as described in this
section, and the operator shall be required to obtain a use permit.
E.
Design Standards. Wireless communication facilities shall
meet the following design standards:
1.
All
wireless communication facilities shall be screened to the maximum
extent practicable, pursuant to the following requirements:
a.
Ground- and tower-mounted antennas and all accessory structures shall
be located within areas where substantial screening by vegetation
can be achieved. For facilities that require a use permit, additional
vegetation or other screening may be required as a condition of approval.
b.
Structure-mounted antennas shall be stealth-mounted. The projection
of structure-mounted antennas from the face of the structure to which
they are attached shall be minimized.
c.
Roof-mounted antennas shall be set back from the edge of the roof
by a distance greater than or equal to the height of the antenna.
For roof-mounted antennas that require a use permit, a screening structure
that incorporates architectural elements of the building on which
it is mounted may also be required as a condition of approval.
2.
All
cabling between equipment and antennas shall be routed through the
interior of a building wherever possible. Cable routed on a building
exterior shall be encased in a tray or other architectural feature
that has similar color and ornamentation to the building exterior.
Cable routed on the ground shall be buried. All cabling shall be performed
in accordance with the Electrical Code.
3.
No
wireless communication facility shall be installed at a location where
special painting or lighting will be required by Federal Aviation
Administration (FAA) regulations, unless technical evidence acceptable
to the zoning administrator is submitted showing that this is the
only technically feasible location for the facility. Facilities shall
be generally unlit except when authorized personnel are present at
night. All facilities shall be painted to minimize visual impact.
4.
Enclosures
and cabinets housing equipment related to a wireless communication
facility shall meet setback and height restrictions for accessory
buildings in their zoning districts. The enclosures and cabinets shall
incorporate architectural details that are similar to other buildings
on the site and shall be designed to minimize their visual impact.
Underground vaults shall be used to meet these requirements if necessary.
5.
Wireless
communication facilities shall be served by the minimum roads and
parking areas necessary and shall use existing roads and parking areas
whenever possible.
6.
All
commercial wireless communication facilities shall be designed to
promote future facility and site sharing. Towers and roof-mounts shall
be designed to structurally accommodate at least one additional operator.
F.
Permit Requirements. All wireless communication facilities
that are subject to the requirements of this section shall be required
to obtain either an administrative permit or a use permit, as follows:
1.
The
following wireless communication facilities shall be required to obtain
an administrative permit:
a.
Receive-only antennas and receive-only satellite antennas that are
not exempt from this section.
b.
Amateur radio facilities.
c.
Wireless communication facilities installed on city-owned property.
An executed license or lease agreement shall also be required.
d.
Wireless communication facilities installed in commercial and industrial
zoning districts, provided that they are at least 500 feet from a
residential district.
e.
Colocation of new wireless communication facilities within a colocation
facility, provided that the colocation facility was previously approved
through a use permit or other discretionary permit.
2.
A
use permit is required for any wireless communication facility that
is subject to the requirements of this section and that does not qualify
for an administrative permit. In order for the planning commission
to approve a proposed wireless communication facility under a use
permit, the commission shall make the findings required for a use
permit, as well as the following additional findings:
a.
No alternative site or design is available that would allow for issuance
of an administrative permit for the facility.
b.
The facility either does not require a Radiofrequency (RF) Environmental
Evaluation Report, or the RF Environmental Evaluation Report for the
facility shows that the cumulative nonionizing electromagnetic radiation
(NIER) emitted by the facility and any nearby facilities will be consistent
with FCC regulations.
c.
The facility will not have significant visual impacts.
G.
RF Environmental Evaluation Report.
1.
An
RF Environmental Evaluation Report shall be prepared for any proposed
wireless communication facility meeting the specifications below.
For any proposed facility that requires an RF Environmental Evaluation
Report, the facility shall not be approved unless the report demonstrates
that RF emissions from the facility, in combination with existing
RF emissions from nearby facilities, will meet the current FCC-adopted
exposure standard.
2.
Wireless
communication facilities meeting any of the following criteria require
an RF Environmental Evaluation Report before they may be permitted:
a.
Facilities described in Table 1 of Paragraph 1.1307 of the FCC's
Report and Order in ET Docket No. 93-62, or any subsequent FCC document
that supersedes it.
b.
Facilities proposed to be installed within 50 feet of an existing
wireless communication facility.
c.
Facilities with one or more antenna that will be installed less than
10 feet above any area that is accessible to untrained workers or
the public.
d.
Facilities proposed in any residential zoning district.
3.
The
RF Environmental Evaluation Report shall meet the following requirements:
a.
The RF Environmental Evaluation Report is subject to the approval
of the zoning administrator.
b.
The RF Environmental Evaluation shall be prepared by an NIER professional.
c.
The RF Environmental Evaluation Report shall explicitly state that
"operation of the proposed facility in addition to other ambient RF
emission levels will not exceed current FCC-adopted standards with
regard to human exposure in controlled and uncontrolled areas, as
defined by the FCC."
d.
Assumptions utilized for the calculations of RF exposure shall be
conservative in nature and, at a minimum, shall be in accordance with
the most recent FCC guidance on assessment of RF exposures.
e.
The RF Environmental Evaluation Report shall compare RF measurements
and/or calculations of RF exposure to the applicable FCC exposure
standard. The comparison shall include the power density in micro-watts
per square centimeter and as a percentage of the applicable FCC exposure
standard.
f.
RF field measurements of power density of the proposed facility and/or
surrounding facilities shall be included in the RF Environmental Evaluation
Report when no adequate technical information is available regarding
other wireless communication facilities that may substantially contribute
to RF exposure at the subject site. In addition, these field measurements
shall be included if calculations of RF exposure indicate the possibility
of exposures in excess of the FCC exposure standard.
g.
All required RF field measurements shall be performed by an NIER
professional. Evidence shall be submitted showing that the testing
instruments used were calibrated within their manufacturer's suggested
periodic calibration interval, and that the calibration is by methods
traceable to the National Bureau of Standards. Measurements shall
be performed in compliance with FCC guidance regarding the measurement
of RF emissions and shall be conducted during normal business hours
on a non-holiday weekday.
h.
The zoning administrator may monitor the performance of testing required
for preparation of the RF Environmental Evaluation Report. The cost
of this monitoring shall be borne by the applicant.
4.
To
the extent necessary to ensure compliance with adopted FCC regulations
regarding human exposure to RF emissions, or upon the recommendation
of the zoning administrator, the operator shall modify the placement
of the facilities; install fencing, barriers or other appropriate
structures or devices to restrict access to the facilities; install
signage, including the RF radiation hazard warning symbol identified
in American National Standards Institute (ANSI) C95.2-1982 and multi-lingual
warnings if deemed necessary by the zoning administrator to notify
persons that the facility could cause exposure to RF emissions.
5.
If
the FCC RF emission standards are modified, the operator shall ensure
that the facility is reevaluated for compliance with the new standards,
and a recertification statement prepared by a NIER professional shall
be submitted by the operator to the zoning administrator prior to
the effective date of the new FCC RF emission standards.
H.
Application and Registration Requirements. In order to assist
the city in maintaining an accurate inventory of wireless communication
facilities within its area, so that the city can enforce the requirements
of this title, provide accurate information, collect license fees
or charges that may be due the city, and monitor compliance with local,
state and federal laws, an application for an administrative permit
or use permit for a wireless telecommunication facility shall include
the following information:
1.
Applicants
shall supply, at a minimum, the following background information,
in addition to any further information required by the zoning administrator:
a.
Operator's name, address and telephone number.
b.
Agent's name, address and telephone number, if any.
c.
Street address of proposed site, or the nearest street address to
the site.
d.
Assessor's Parcel Number (APN), or the APN of the nearest parcel.
e.
Type of communication service to be provided.
f.
Property owner's name and address.
g.
Lease term, if applicable.
h.
Site ground elevation.
i.
Height of existing building, if any.
j.
Identifying characteristics of any existing antennas on the site.
k.
Proposed antenna height.
l.
Size and type of tower, if any.
m.
Size and type of antenna.
n.
Type of transmitter.
o.
Broadcast power.
p.
Radio frequencies used.
q.
Coverage area.
r.
Proposed screening, if any.
2.
A
site plan shall be submitted with sufficient detail to understand
the location of the facility and any landscape features that may screen
it. At a minimum, the site plan shall include property boundaries
and dimensioned setbacks of any existing and proposed structures,
communication equipment and accessory structures. Any existing and
proposed landscaping or other materials that would screen the proposed
wireless communication facility shall also be shown.
3.
The
applicant shall provide architectural plans and elevation drawings,
as applicable, with sufficient detail to understand the design and
appearance of the facility. At minimum, these drawings should convey
existing heights, proposed heights, materials, colors, schematic antenna
mounting details, any proposed screening structures if any, schematic
cable runs, design of any exterior cable enclosures if any, location
of associated equipment and design of accessory structures.
4.
If
an RF Environmental Evaluation Report is required by this section,
the report shall be submitted with the permit application.
5.
For
a facility that requires a use permit, a photosimulation of the project
shall be provided. The photosimulation shall be created using a photograph
of the proposed site, from a location approved by the zoning administrator,
with the proposed facility superimposed on it in a manner that accurately
shows the scale, shape and color of the proposed facility. The purpose
of the photosimulation is to assist in arriving at a determination
of the level of significance of the proposed facility's visual impact.
6.
For
a facility that requires a use permit, an alternatives analysis shall
be prepared by or on behalf of the operator, in accordance with the
following requirements:
a.
The alternatives analysis shall consider alternative locations and
designs for the proposed facility. Alternatives included in the analysis
should generally include co-location at all existing wireless communication
facilities within 1/4 mile of the proposed facility, as well as lower,
more closely spaced wireless communication facilities. The alternatives
to be analyzed shall be approved by the zoning administrator.
b.
The alternatives analysis shall show whether or not the proposed
siting and design would have the least possible environmental and
visual effect on the community and whether any alternative site or
design is available that would allow for issuance of an administrative
permit for the facility.
c.
The zoning administrator may, at his or her discretion, employ an
independent technical expert to review this alternatives analysis
on behalf of the city. The operator shall bear the costs of this review.
I.
Term of Approval.
1.
Permits
for wireless communication facilities issued under these regulations
shall generally be valid for 10 years, unless this term is changed
through the permitting process.
2.
A
permit granted under these regulations shall become invalid if an
operator of a wireless communication facility ceases to operate the
facility under the terms of these regulations or under the specific
conditions of approval for the facility. If the facility becomes noncompliant,
the owner shall cease to operate the facility and remove it from its
location within 90 days of being informed that the permit has become
invalid.
3.
All
permits for wireless telecommunication facilities, regardless of the
method by which they were originally issued, may be extended administratively
by the zoning administrator upon verification of the permit-holder's
continued compliance with the findings and conditions of approval
under which the application was originally approved. At his or her
discretion, the zoning administrator may require a public hearing
for renewal of a use permit for a wireless communication facility.
4.
As
part of the permit renewal process, the zoning administrator may require
submittal of a certification by an NIER professional that the facility
is being operated in accordance with all applicable FCC standards
for RF emissions.
J.
Pre-Existing Facilities.
1.
Wireless
communication facilities with valid permits from the city that were
established prior to these regulations shall not be subject to the
provisions of this section. In addition, wireless communication facilities
that were established prior to annexation by the city, and that have
valid permits from the County, shall not be subject to the provisions
of this section. However, permits that require renewal shall be renewed
under the provisions of this section, and any proposed modification
to these facilities shall require new permits as provided in this
section.
2.
All
non-exempt wireless communication facilities without permits issued
by the city shall acquire them under the provisions of this section
within 90 days of the adoption of these regulations.
K.
Removal Upon Discontinuation of Use. All equipment associated
with a wireless communication facility shall be removed within 90
days of the discontinuation of the use, and the site shall be restored
to its original pre-construction condition. The operator shall agree
to this removal as a condition of approval of each permit issued.
For facilities that require a use permit, the planning commission
may require the posting of a bond to ensure removal. Required bonds
shall be posted in a form and manner approved by the city attorney.
L.
Fees. Fees for wireless communication facilities shall be
commensurate with the city's administrative expenses. The city shall
adopt these fees by resolution of the city council.
(Ord. 1749 § 4; Ord. 1769 §§ 5—7)
A.
General Requirements. Distributive antenna systems (DAS) shall
be a permitted use in all zoning districts subject to all applicable
regulations, including, but not limited to, the requirements in this
section:
1.
Applicant
must demonstrate that a "significant gap" in service exists to necessitate
the proposed system.
2.
A
lease/right-of-way agreement shall be required for all utilization
of street lights within the Oroville city limits for the placement
of DAS networks.
3.
No
lighting or other forms of illumination shall be permitted on any
DAS network in residential districts.
4.
All DAS networks shall fully comply with the city's noise ordinance, as found in Chapter 9.20 of the Oroville Municipal Code.
5.
No
commercial advertising shall be allowed on any antenna or associated
equipment.
6.
Installation
of all systems shall require a city-issued building permit.
B.
Design Requirements.
1.
DAS
networks shall not exceed a maximum height of 50 feet without discretionary
approval from the planning commission.
2.
DAS
network components/equipment shall be minimized or "stealthed" as
much as feasibly possible.
3.
Preference
of the city is to place ground equipment in underground vaults whenever
feasible. While undergrounding the equipment would be the baseline
requirement, there may be cases where undergrounding is not feasible
due to soil, water table, or space constraints. Ground-mounted equipment
may be housed in cabinets that can have a variety of architectural
treatments to blend in as best as possible with the surroundings.
4.
Applicant
must demonstrate that no viable design alternatives of the proposed
system exist that would provide for a more compatible design with
the surroundings.
5.
Applicant
shall make a good faith effort to properly design all components/equipment,
which best conceals the components for least visual disturbance possible.
6.
Designs
shall require approval of the development review committee.
C.
Antenna Hub Sites. Antenna hub sites may be developed subject
to the performance standards below.
1.
Antenna
hub sites shall be classified as a "utility building or substation"
for land use related purposes.
2.
Antenna
hub sites shall comply with the development standards of the applicable
district in which they are located.
3.
Antenna
hub sites shall be compatible with development in the vicinity with
regards to the setting, color, lighting, design and materials. To
the maximum extent feasible, related unmanned equipment at antenna
hub sites shall be enclosed within a structure.
4.
Related
unmanned equipment not housed within a structure shall be screened
by a solid fence, wall or berm. If equipment is added to an existing
screened enclosure that contains telecommunication uses and/or structures,
the screening requirements may be satisfied with the existing screening.
5.
Designs
shall require approval of the development review committee.
(Ord. 1805 § III, 2014)
A.
Purpose. This section establishes standards for systems that
convert solar energy into electricity. These standards allow for an
efficient permit process while minimizing potential impacts on neighboring
properties.
B.
Types of Systems.
1.
A
"Tier 1" solar energy system means a system only used to power on-site
uses. Tier 1 systems include roof-mounted and ground-mounted systems
and photovoltaic systems integrated into building materials used in
the construction of a structure.
2.
A
"Tier 2" solar energy system means a ground-mounted system used to
power on-site and off-site uses, with less than 50% of the power generated
used off-site.
3.
A
"Tier 3" solar energy system means a ground-mounted system used to
power on-site and off-site uses, with 50% or more of the power generated
used off-site.
C.
Permitted Locations—Permits Required. Table 17.16.180-1
identifies permits required to establish solar energy systems, and
the districts where each type of system is permitted.
|
Table 17.16.180-1: Permits Required for Solar Energy Systems
| ||
|---|---|---|
|
System Type
|
Permits Required
| |
|
Residential Districts
|
All Other Districts
| |
|
Tier 1
|
Zoning Clearance
| |
|
Tier 2
|
Not Allowed
|
Administrative Permit
|
|
Tier 3
|
Not Allowed
|
Use Permit
|
D.
Maximum Size.
E.
Development and Operation Standards.
1.
Photovoltaic
panel systems shall meet all applicable performance standards of the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and the Public Utilities Commission regarding safety and
reliability.
2.
Ground-mounted
photovoltaic panel systems shall comply with the height and setback
standards in Table 17.16.180-2.
|
Table 17.16.180-2: Ground-Mounted Systems, Height, and Setback
Standards
| ||
|---|---|---|
|
Parcel Size
|
Maximum Height
|
Minimum Setback
|
|
Less than 2 acres
|
8 feet
|
As required by district
|
|
2 to 10 acres
|
10 feet
|
As required by district plus 10 additional feet in or adjacent
to residential district
|
|
Greater than 10 acres
|
15 feet
|
As required by district plus 15 additional feet in or adjacent
to residential district
|
3.
Photovoltaic
panel systems attached to a roof may not project more than 3 feet
above the roof at its highest point. Projections greater than 3 feet
but no more than 12 feet are permitted with the approval of a use
permit.
4.
If
the city determines that a Tier 2 or Tier 3 system is abandoned, the
property owner must remove all equipment and facilities from the site
and return the site to its original condition. The city will consider
a Tier 2 or Tier 3 system abandoned if the system stops producing
electricity for 24 months, unless the property owner demonstrates
to the city's satisfaction that there is no intent to abandon the
facility.
(Ord. 1784 § 5; Ord. 1810 § 1, 2015; Ord. 1819 § 4, 2017)
A.
Purpose. This section establishes requirements that certain
development projects incorporate systems to convert solar energy into
electricity for on-site use.
(Ord. 1819 § 4, 2017)
A.
Purpose. These regulations are intended to allow persons to
establish smoke shops in the City of Oroville in a manner that protects
the city's public health, safety and welfare by limiting the number
of smoke shops in the city limits with respect to the city's population
size.
B.
Applicability.
1.
A
total of one smoke shop is allowed within city limits for every 4,000
city residents.
2.
In
the event that the number of existing smoke shops per every 4,000
city residents exceeds the above limit, no additional smoke shops
will be allowed within city limits until the number of smoke shops
fall below the above threshold as a result of:
a.
Population growth within the city that would allow for an additional
smoke shop to locate within city limits per the threshold above; or
b.
The number of smoke shops within city limits decreases to a level
that would allow for an additional smoke shop to locate within city
limits per the threshold above.
|
Table 17.16.190-1
Number of Smoke Shops Allowed
| |
|---|---|
|
Number of City Residents (Range)
|
Number of Smoke Shops Allowed
|
|
X*
|
Z
|
|
0 to 4,000
|
1
|
|
4,001 to 8,000
|
2
|
|
8,001 to 12,000
|
3
|
|
12,001 to 16,000
|
4
|
|
16,001 to 20,000
|
5
|
|
Etc.
|
—
|
|
Note:
|
|
* X / 4,000 = Z. If Z is not a whole number, round up to the
next whole number.
|
C.
General Regulations. Smoke shops will be subject to all provisions within Chapter 5.28 of the Oroville Municipal Code.
D.
Permit Required. All smoke shops are required to obtain a
use permit that may include conditions necessary to ensure that the
use operates in a manner that provides adequate protection of public
health, safety and welfare.
E.
Criteria to Be Considered. In determining whether to grant
a use permit for a smoke shop and what appropriate conditions should,
if any, be imposed, the planning commission shall consider the following
issues and make appropriate findings, based on substantial evidence,
for each issue:
1.
The
nature of all land uses within 500 feet of the proposed smoke shop,
and in particular, the location of similar nearby uses and the location
of residences, parks, schools and houses of worship.
2.
Appropriate
measures to provide proper maintenance of the building exterior, including
provisions to keep the premises free of litter and debris.
3.
Lighting
of exterior areas, including parking lots, to discourage loitering
outside of the building.
4.
Protection
of adjacent properties from illegal activity.
5.
Hours
of operation.
6.
Prevention
of adverse effects of the use on the value of adjacent properties.
(Ord. 1794 § 2)
A.
Purpose. The purpose of this section is to implement the provisions
of Assembly Bill No. 1616 (AB 1616), and to provide reasonable standards,
restrictions and requirements concerning the use of a residence as
a cottage food operation.
B.
Permit Required. The city shall not prohibit a cottage food
operation in any residential dwelling. However, a moderate-impact
home occupation permit is required to use a residence as any cottage
food operation that complies with all the provisions of the Oroville
Municipal Code and AB 1616. There are 2 possible classifications for
a cottage food operation which include:
1.
Class
A. A cottage food operation that may engage only in direct sales of
cottage food products from the cottage food operation or other direct
sales venues described in paragraph (4), subdivision (b), of the CA
Health and Safety Code Section 113758.
2.
Class
B. A cottage food operation that may engage in both direct sales and
indirect sales of cottage food products from the cottage food operation,
from direct sales venues described in paragraph (4) of subdivision
(b), from offsite events, or from a third-party retail food facility
described in paragraph (5), subdivision (b), of the CA Health and
Safety Code Section 113758.
D.
Cottage Food Products. Cottage food products are defined as
non-potentially hazardous foods, as described in Section 113871, including
foods that are described in Section 114365.5 of the CA Health and
Safety Code and that are prepared for sale in the kitchen of a cottage
food operation. All food shall be obtained from sources that comply
with all applicable laws.
A list of non-potentially hazardous foods is maintained and
updated by the State Public Health Officer who may add or delete food
products to or from the list, which shall be known as the approved
products list.
E.
Requirements. All cottage food operations shall be subject
to the following requirements:
1.
No
cottage food preparation, packaging, or handling may occur in the
home kitchen concurrent with any other domestic activities, such as
a family meal preparation, dishwashing, clothes washing or ironing,
kitchen cleaning, or guest entertainment.
2.
No
infants, small children, or pets may be in the home kitchen during
the preparation, packaging, or handling of any cottage food products.
3.
Kitchen
equipment and utensils used to produce cottage food products shall
be clean and maintained in a good state of repair.
4.
All
food contact surfaces, equipment, and utensils used for the preparation,
packaging, or handling of any cottage food products shall be washed,
rinsed and sanitized before each use.
5.
All
food preparation and food equipment storage areas shall be maintained
free of rodents and insects.
6.
Smoking
shall be prohibited in the portion of a private home used for the
preparation, packaging, storage, or handling of cottage food products
and related ingredients or equipment, or both, while cottage food
products are being prepared, packaged, stored, or handled.
7.
Any
person with a contagious illness shall refrain from work in the registered
or permitted area of the cottage food operation.
8.
A
person involved in the preparation or packaging of cottage food products
shall keep his or her hands and exposed portions of his or her arms
clean and shall wash his or her hands before any food preparation
or packaging activity in a cottage food operation.
9.
Water
used during the preparation of cottage food products shall meet the
potable drinking water standards described in Section 113869 of the
CA Health and Safety Code, except that a cottage food operation shall
not be required to have an indirect sewer connection.
10.
A person who prepares or packages cottage food products shall complete
a food processor course instructed by the local health department
within 3 months of becoming registered.
11.
A cottage food operation shall properly label all cottage food products
in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Section 343 et seq.). Additionally, to the extent permitted by federal
law, the label shall include but is not limited to, all of the following:
a.
The words "Made in a Home Kitchen" in 12-point type on the cottage
food product's primary display panel;
b.
The name commonly used for the food product or an adequately descriptive
name;
c.
The name of the cottage food operation which produced the cottage
food product;
d.
The registration or permit number of the "Class A" or "Class B" cottage
food operation, respectively, which produced the cottage food product
and, in the case of "Class B" cottage food operation, the name of
the local enforcement agency that issued the permit number;
e.
The ingredients of the cottage food product, in descending order
of predominance by weight, if the product contains 2 or more ingredients.
12.
In addition to these specified regulations for cottage food operations,
all cottage food operations shall be subject to the requirements of
a moderate-impact home occupation.
F.
Inspections.
1.
Class
A. Except as provided in this subsection, a "Class A" cottage food
operation shall not be subject to initial or routine inspections.
2.
Class
B. Except as provided in this subsection, a "Class B" cottage food
operation shall not be subject to more than one inspection per year
by the local enforcement agency.
|
For the purpose of determining compliance with this chapter
and all provisions in AB 1616, a representative of a local enforcement
agency, for inspection purposes, may access the permitted area of
a private home where cottage food operation is located only if the
representative has, on the basis of a consumer complaint, reason to
suspect that adulterated or otherwise unsafe food has been produced
by the cottage food operation, or that the cottage food operation
has violated this chapter or any provision in AB 1616.
|
(Ord. 1795 §§ 2,
3)
A.
Definitions. Unless the contrary is stated or clearly appears from the context, "emergency shelter" and "homeless person" shall be defined as specified in Section 17.04.060.
B.
Development Standards. In addition to the applicable standards
as specified in this chapter, emergency shelters shall also be subject
to the following development standards:
1.
Each
resident must be provided a minimum of 50 gross square feet of personal
living space, not including space for common areas. In no case can
occupancy exceed 30 residents at any one time.
2.
Before
commencing operations, the emergency shelter provider must have a
written management plan, which must be approved by the zoning administrator.
The management plan must at a minimum include: requirements for staff
training; resident selection process; pet policies; scheduling of
outdoor activities; temporary storage of residents' personal belongings;
safety and security; management of outdoor areas; and counseling and
social service programs for residents, if any.
3.
Not
more than one emergency shelter is permitted within a radius of 300
feet from another emergency shelter.
4.
Individual
occupancy in an emergency shelter is limited to 6 months during any
12 consecutive month period.
5.
Each
emergency shelter must have an on-site management office staffed by
at least one employee at all times that the emergency shelter is operating.
6.
Each
emergency shelter must have on-site security, with at least one person
present at the emergency shelter while it is operating.
(Ord. 1804 § V, 2014)
A.
Purpose. The purpose of this section is to allow residential
neighborhoods convenient access to healthy, fresh, and staple foods.
B.
Permit Required. Where permitted, neighborhood food and beverage sales stores require an administrative permit. In addition to the materials required by Section 17.48.020 (Administrative permits), the permit application shall include the following information:
C.
Operating Standards.
1.
Health and Access. The store must follow operating standards
to support access for all residents to healthy foods, as follows:
a.
Dedicate 30% of sales area to perishable goods that include dairy,
fresh produce, fresh meats, poultry, fish, and frozen foods intended
for home preparation.
b.
Dedicate 50% of sales area to nonperishable food products intended
for home preparation.
c.
Accept CalFresh benefits.
d.
Apply to be a certified WIC vendor.
2.
Ready-to-Eat Foods. The store may sell ready-to-eat foods
only if they are prepared on-site and are not the establishment's
primary business purpose.
3.
Alcoholic Beverages. The store may sell alcoholic beverages
only if they are not the store's primary business purpose. The store
shall obtain alcohol permits in accordance with the California Department
of Alcoholic Beverage Control.
4.
Hours. Sales may only occur between the hours of 7:00 a.m.
and 7:00 p.m.
5.
Site Conditions. The proprietor shall maintain the exterior
and interior of the store to provide adequate lighting, prevent loitering,
provide trash and recycling receptacles, remove graffiti, and maintain
cleanliness, as determined by the code enforcement division.
(Ord. 1819 § 4, 2017)
A.
Purpose. The purpose of this section is to allow local food
to be produced, sold, and available for community development and
education in areas close to where people live and work.
B.
Permit Requirements.
1.
Administrative Permit. An administrative permit shall be required
for an urban farm use.
2.
Use Permit. A use permit is required for uses and activities that create noise in violation of Chapter 9.20 (Noise) of the municipal code or that create flies, strong odors (as addressed in Section 17.12.010(E), Air Emissions), frequent dust, or other significant impacts or hazards to surrounding properties.
C.
Animals and Livestock. Livestock-keeping and other animal-related agricultural uses are subject to the provisions of Section 17.16.120 (Animal keeping).
D.
Chemicals. Agricultural chemicals or pesticides shall not
impact abutting properties or the surrounding neighborhood.
F.
Events. Events and educational activities at a community garden
or urban farm use are limited to between the hours of 7:00 a.m. and
7:00 p.m.
(Ord. 1819 § 4, 2017)
