The general provisions and exceptions described in this chapter apply to all zones, unless expressly limited.
(Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Purpose. The purpose of these regulations is to be consistent with California Government Code Section 68582.2 with respect to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
Accessory dwelling units may be principally permitted in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the general provisions in subsection (2) of this section are met, and the ADU and/or JADU meets the development regulations and standards of subsection (3) of this section.
ADUs and/or JADUs may be excluded or may require a conditional use permit in certain designated areas (ADU conditional use permit area) as described in subsection (4) of this section based on adequacy of water and sewer services, drainage and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU and/or JADU conditional use permit area, an ADU and/or JADU that cannot meet all the criteria in subsections (3) and (4) of this section may still be permitted with a conditional use permit under certain circumstances.
The City shall act on the building permit application for an accessory dwelling unit within 20 days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot.
No certificate of occupancy will be issued for an accessory dwelling unit constructed concurrently with a primary dwelling, before a certificate of occupancy is issued for the primary dwelling.
(2)
General Provisions that Apply to All ADUs. The following provisions apply to all ADUs:
(a)
One ADU and One JADU per Lot. One ADU is permitted per lot developed or proposed to be developed with a single-family or multifamily dwelling.
(b)
Ownership. An ADU and/or JADU shall not be sold separately from the principal dwelling.
(c)
Renting Permitted. The ADU and/or JADU may, but need not be, rented.
(d)
Short-Term Lodging Prohibited. The ADU and/or JADU shall not be rented for periods of 30 days or less.
(e)
Building Type. The ADU and/or JADU may be within, attached to, or detached from the existing or proposed principal residence and may be over a garage. An ADU may also be a manufactured home as defined in Section 18007 of the Health and Safety Code subject to the development standards in RDMC § 17.30.200.
(f)
Sewer and Water Service. All new ADUs and/or JADUs within 300 feet of existing wastewater facilities shall connect to City's public wastewater systems. Parcels greater than 300 feet from existing wastewater facilities shall comply with all applicable County Health Department requirements for sewage disposal. All new ADUs shall connect to the City's public water system.
(g)
Existing Single-Family Residence. Where one single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other development regulations and standards can be met for both units.
(h)
ADU and JADU Configurations within Residential and Mixed Use Zones. For purposes of this section, a junior accessory dwelling unit is an attached unit as defined in Government Code Section 65852.22. A building permit shall be ministerially approved for creation of any of the following, within a residential or mixed use zone:
(i)
ADU or JADU within existing single-family structure.
(ii)
One accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(iii)
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(iv)
The space has separate exterior access from the proposed or existing single-family dwelling.
(v)
The side and rear setbacks are sufficient for fire and safety as established by the local fire authority, for fire response.
(i)
New Detached ADU. One detached, new construction, accessory dwelling unit with minimum four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The detached accessory dwelling unit may be combined with an accessory dwelling unit or a junior accessory dwelling unit within an existing single-family structure or accessory structure as described in subsection (2)(h) of this section if:
(i)
The attached ADU or JADU contains no more than 500 square feet of floor space; and
(j)
ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one accessory dwelling unit is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may be allowed.
(k)
Detached ADUs with Existing Multifamily Structures. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(3)
Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs:
(a)
Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the municipal code, including the currently effective versions of the California Building Codes, except that:
(i)
Connection and Capacity Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in subsection (3)(a)(iv) of this section, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(ii)
Impact Fees. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(iii)
No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection (2)(h) of this section unless the accessory dwelling unit was constructed with a new single-family dwelling.
(iv)
New Detached Units. An accessory dwelling unit that is not contained within the existing space of a single-family residence or existing accessory structure or does not meet conditions in subsection (2)(h) of this section will require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the California Plumbing Code which is based on the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
(b)
Total Floor Area. Accessory dwelling units shall be subject to the following floor area requirements:
(i)
Parcels That Cannot Be Subdivided. The size of the second dwelling unit shall not exceed 50 percent of the size of the primary dwelling unit up to a maximum of 1,200 square feet, except for second dwelling units located within the suburban and rural zones where the second dwelling unit shall not exceed 50 percent of the primary dwelling unit.
(ii)
Parcels That Can Be Subdivided. The size of the second dwelling unit shall not be restricted, provided the applicant submits a development plan demonstrating that the parcel could be subdivided and both residences can be sited on separate parcels and meet setback and lot coverage requirements of the zone.
(c)
Sprinklers. Accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary residence.
(d)
Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same setbacks as an existing structure. A setback of no more than four feet from the side and rear lot lines shall be required for a new ADU.
(e)
Parking. Each ADU requires one parking space. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(i)
Exceptions to Parking Standards. Parking standards for an ADU shall not apply if the ADU is (A) located within one-half mile walking distance of public transit; (B) located within an architecturally and historically significant district; (C) part of the proposed or existing primary residence or an existing accessory structure; or (D) when on-street parking permits are required but not offered to the occupant of the ADU; or (E) when there is a car share vehicle located within one block of the accessory dwelling unit.
(4)
ADU Conditional Use Permit Areas. Parcels located on the Dinsmore Plateau, including the Rio Vista neighborhood, are subject to development constraints, including dead-end roads, adequate road widths and lack of fire hydrants. Because of these public safety conditions, an ADU may be allowed on the Dinsmore Plateau and in the Rio Vista neighborhood with a conditional use permit provided the concerns of the Fire District are satisfied. An ADU may be allowed in the Belleview/Ogle neighborhood provided there is no net increase in stormwater. These areas are identified in Figure 2.
Figure 2 Dinsmore Plateau and Rio Vista Neighborhood  |
(Ord. 379 §§ 4, 5, 2020)
(1)
A use legally permitted in the zone that is accessory to and subordinate to the principal use of the site and serves a purpose which does not change the character of the principal use. Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this chapter; provided, that no accessory use shall be conducted on any property in any urban residential, suburban residential or suburban zone unless and until the main building is erected and occupied, or until a use permit is secured.
(2)
(3)
Exceptions. The Planning Commission may modify by use permit the height and floor area requirements of this section, upon a showing of good cause. For any such modification, the Planning Commission shall be required to make the following findings:
(a)
The proposed modification will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;
(b)
The proposed modification will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and
(c)
The proposed modification will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
(d)
In issuing a use permit, the Planning Commission may require such changes or alterations to the building as it may deem necessary to satisfy the findings specified in this section. Such changes or alterations may include, but shall not be limited to, the following:
(4)
Detached accessory buildings may not be located within five feet of any main building, nor within five feet of a side line, nor as to encroach on any easement. Minimum yards: side, five feet, shall have the street side yard of 20 feet; rear, 10 feet.
(5)
Detached accessory buildings used as second dwelling units shall not be located within 10 feet of lot lines or within five feet of an alley. The second dwelling unit shall be subject to the minimum yard requirements of the zoning district in which it is located.
(6)
Accessory buildings attached to main buildings shall be structurally a part thereof and shall comply with main building yard requirements except as follows:
(a)
A passive solar addition to a main building, as defined herein, may be permitted in the required front, rear, or side yard, except street side yard; provided, that no such addition shall reduce the distance between the main building and the front or rear property line to less than 15 feet, nor less than five feet from a side property line, and that no such addition shall occupy more than five percent of the area of the front or rear yard, nor more than 10 percent of the side yard area.
(7)
Cargo/shipping containers used as accessory structures in suburban residential, urban residential, residential multifamily, suburban, rural and town center zones are prohibited.
(a)
Existing cargo/shipping containers in suburban residential, urban residential, residential multifamily, suburban, and rural zones on parcels 10,000 square feet or larger shall be considered legal nonconforming uses and/or structures and comply with the following provisions:
(i)
A building permit is required; electrical service is prohibited;
(ii)
Parcel must be developed with the primary use;
(iii)
No more than two containers per parcel;
(iv)
Containers shall be no more than eight feet by 20 feet;
(v)
Container must be placed on a gravel, decomposed granite or other all-weather surface as approved by the Director of Public Works;
(vi)
Unit(s) must be placed on the rear half of the parcel and screened (i.e., vegetation, fencing) from public view;
(vii)
Must not exceed allowable lot coverage;
(viii)
Must comply with the setback requirements of the zone;
(ix)
May not be placed within any easements;
(x)
Must be painted a solid neutral color (i.e., beige, taupe and browns) or a color(s) to match the residence;
(xi)
Containers cannot be stacked;
(xii)
No signage is allowed on the container.
(b)
Existing cargo/shipping containers that do not comply with the above provisions shall not be considered a legal nonconforming use and/or structure and shall be relocated, removed and/or modified to comply with the provisions of this section within 180 days after adoption of the implementing ordinance.
(c)
Existing cargo/shipping containers must be removed at the time of sale or transfer of the property.
(8)
Cargo/shipping containers used as accessory structures in natural resource zones shall conform with the following development standards:
(a)
A building permit is required; electrical service is prohibited;
(b)
Parcel must be developed with the primary use;
(c)
No more than one container per parcel;
(d)
Container shall be no more than eight feet by 20 feet;
(e)
Container must be placed on a gravel, decomposed granite or other all-weather surface as approved by the Director of Public Works;
(f)
Unit(s) must be placed on the rear half of the parcel and screened (i.e., vegetation, fencing) from public view;
(g)
Must not exceed allowable lot coverage;
(h)
Must comply with the setback requirements of the zone;
(i)
May not be placed within any easements;
(j)
Must be painted a solid neutral color (i.e. beige, taupe and browns) or a color(s) to match the residence;
(k)
No signage is allowed on the container;
(l)
Containers cannot be stacked;
(m)
Existing cargo/shipping containers shall not be considered a legal nonconforming use and/or structure and shall be relocated, removed and/or modified to comply with the provisions of this section within 180 days after adoption of the implementing ordinance.
(9)
Cargo/shipping containers used as accessory structures in community commercial and neighborhood center zones shall conform to the following development standards:
(a)
The allowable number of containers on a parcel shall be based on the size of the parcel as follows:
Parcel Size | Number of Containers |
|---|---|
10,000 square feet or less | 1 |
10,001 to 20,000 square feet | 2 |
20,001 square feet to 1 acre | 3 |
Parcels larger than 1 acre | 4 |
(b)
A building permit is required; electrical service is prohibited;
(c)
Parcel must be developed with the primary use;
(d)
Unit(s) must be placed on the rear half of the parcel and screened (i.e., vegetation, fencing) from public view;
(e)
Container must be placed on a gravel, decomposed granite or other all-weather surface as approved by the Director of Public Works;
(f)
Must not exceed allowable lot coverage;
(g)
Must comply with the setback requirements of the zone;
(h)
May not be placed within any easements;
(i)
Must be painted a solid neutral color (i.e. beige, taupe and browns) or a color(s) to match the primary building;
(j)
Containers cannot be stacked;
(k)
Existing cargo/shipping containers shall not be considered a legal nonconforming use and/or structure and shall be relocated, removed and/or modified to comply with the provisions of this section within 180 days after adoption of the implementing ordinance.
(10)
Cargo/shipping containers used as accessory structures in the industrial commercial zone shall conform to the following development standards:
(a)
Parcel must be developed with the primary use;
(b)
A building permit is required, electrical service is prohibited;
(c)
Must not exceed allowable lot coverage;
(d)
Must comply with the setback requirements of the zone;
(e)
May not be placed within any easements;
(f)
Container must be placed on a gravel, decomposed granite or other all-weather surface as approved by the Director of Public Works;
(g)
Must be painted a solid neutral color (i.e., beige, taupe and browns) or a color(s) to match the primary building;
(h)
No signage is allowed on the container;
(i)
Containers cannot be stacked;
(j)
Existing cargo/shipping containers shall not be considered a legal nonconforming use and/or structure and shall be relocated, removed and/or modified to comply with the provisions of this section within 180 days after adoption of the implementing ordinance.
(11)
Exceptions. The Planning Commission may modify by use permit the number and/or location, including zoning designations, requirements of this section, upon a showing of good cause. For any such modification, the Planning Commission shall be required to make the following findings:
(a)
The proposed location and/or modification will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;
(b)
The proposed location and/or modification will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and
(c)
The proposed location and/or modification will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
(d)
In issuing a use permit, the Planning Commission may require such changes or alterations as it may deem necessary to satisfy the findings specified in this section. Such changes or alterations may include, but shall not be limited to, the following:
(Formerly 17.30.020; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 347 § 1, 2016; Ord. 355 § 2, 2017; Ord. 379 § 4, 2020)
(1)
Restricted. Adult entertainment, as defined in Chapter 17.10 RDMC, is only allowed in the town center zone and requires a use permit issued by the Planning Commission and reviewed by the City Council. There shall be no display or exhibition of specified anatomical areas, or display of specified sexual acts, or the performance of specified sexual acts in the City of Rio Dell in any business, club, charitable, civic, or governmental organization by the proprietor(s), promoter(s), lessee(s), management, employee(s), or patron(s) for any award, betting, gratuity, dividend, fee, kick-back, profit-sharing, salary, stipend, rebate, refund, tip or tips, wages, wagering, competition for contest prizes, or for no means of competition.
(2)
Location Requirements and Regulations. It shall be unlawful to establish an adult entertainment activity or to relocate an adult entertainment activity within 1,000 feet of an existing adult entertainment activity, or within 500 feet of a public park, library, church, public or private elementary, middle, junior high, or high school. No adult entertainment activity shall be permitted on a site that is less than 250 feet from an area zoned primarily for residential uses.
(a)
Measure of Distance. The distance between any two adult entertainment activities shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of such adult entertainment activity. The distance between any adult entertainment activity and any area zoned primarily for residential uses, or any public park, library, church, public or private elementary, middle, junior high, or high school shall be measured in a straight line, without regard for intervening structures, from the closest exterior wall of the adult entertainment activity to the closest property line of the public park, library, church, public or private elementary, middle, junior high, or high school.
(Formerly 17.30.030; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
Agricultural employee housing shall comply with the following:
(1)
Location. Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.
(2)
Evidence of Valid Permit. Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.
(3)
Deed Restriction.
(a)
Within 30 days after receiving approval for permanent or seasonal employee housing from the Community Development Department, and before issuance of the final zoning clearance certificate, the applicant shall record with the County Recorder a deed restriction in a form approved by the City that runs with the land on which the agricultural employee housing is located declaring that:
(i)
The agricultural employee housing will continuously be maintained in compliance with this section and all other applicable sections of the zoning code; and
(ii)
The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.
(b)
The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the City. In the event the agricultural employee housing use is terminated and/or structures are removed in accordance with the zoning code and other applicable law as confirmed in writing by the Community Development Director, the deed restriction that accompanies the development shall be released and removed from the property.
(4)
Signed Affidavit for Temporary Employee Housing. Within 30 days after receiving approval for temporary employee housing from the Community Development Department, the applicant shall submit a signed affidavit, in a form approved by the City, affirming that:
(a)
The agricultural employee housing will only be used as temporary employee housing; and
(b)
The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.
(Ord. 403 § 1, 2024)
Airports, heliports, and landing strips for aircraft shall be permitted, with a use permit, in any PF zone.
(Formerly 17.30.040; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
Barnyard animals may be kept as accessory to any residential use, according to the following schedule:
(1)
One large domestic bovine and equine animal may be kept on any parcel of not less than one acre. One additional animal may be kept for each one-half acre of area by which such parcel exceeds one acre.
(2)
Four medium-sized domestic animals, including sheep and goats, may be kept on any parcel of not less than one acre. One additional animal may be kept for each 10,000 square feet of area by which such parcel exceeds one acre.
(3)
Small animals, including rabbits and poultry, may be kept on any parcel of not less than 5,000 square feet, and not more than five such animals may be kept on such parcel. On parcels 10,000 square feet or larger, 10 such animals are allowed. One additional animal may be kept for each 500 square feet of area by which such parcel exceeds 10,000 square feet.
(4)
Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (urban residential (UR), suburban residential (SR) and residential multifamily (RM)) shall have the minimum setbacks specified in the animal enclosure table.
Animal Enclosure Location | Large Domestic Animals | Medium Domestic Animals | Small Domestic Animals |
|---|---|---|---|
Distance from Dwelling | 40 feet | 30 feet | 25 feet |
Distance from Front Lot Line | 50 feet | 50 feet | 50 feet |
Distance from Side Lot Line | 20 feet | 15 feet | 10 feet |
Distance from Rear Lot Line | 20 feet | 15 feet | 10 feet |
Notes: |
|---|
(a) Animal enclosures includes shelters, pens, coops, runs, hutches, stables, corrals, barns used for the keeping of poultry or animals. |
(b) No crowing rooster may be maintained in any residential zone (urban residential (UR), suburban residential (SR) and residential multifamily (RM)). |
(c) The minimum distance from dwellings does not apply to the residence on the parcel, only adjacent parcels. |
(5)
Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsections (1), (2) and (3) of this section may be modified by substituting young animals according to the following schedule:
Animal Type | Permitted Substitution |
|---|---|
Large domestic animals, bovine and equine | For each one adult animal, three young animals less than six months old may be substituted. |
Medium domestic animals, including sheep and goats | For each one adult animal, three young animals less than six months old may be substituted. |
Small domestic animals, including rabbits and poultry | For each one adult animal, three young animals less than three months old may be substituted. |
(6)
Maintenance and Operational Standards. All animal keeping shall comply with all of the following maintenance and operational standards:
(a)
Odor and Vector Control. All animal enclosures, including but not limited to shelters, pens, coops, runs, hutches, stables, corrals, barns, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.
(b)
Containment. All animals shall be effectively contained on the site and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.
(c)
Erosion and Sediment Control. In no case shall any an animal-keeping operation be managed and maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.
(d)
Killing and Dressing of Large or Medium Domestic Animals. The killing or dressing of large or medium domestic animals is prohibited in residential zones (urban residential (UR), suburban residential (SR) and residential multifamily (RM)).
(e)
Killing and Dressing of Small Domestic Animals. The killing or dressing of small domestic animals, including rabbits and poultry, shall not be visible from a public street or right-of-way.
(Formerly 17.30.050; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 334 § 1, 2015; Ord. 379 § 4, 2020)
No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent or similar assemblage of people and automobiles shall be permitted in any zone unless a use permit is first secured in each case.
(Formerly 17.30.060; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
Camping shall be permitted in the City of Rio Dell only in the following circumstances:
(1)
Camping on private property when such person is the property owner, tenant in possession, lineal relative to the property owner or tenant in possession, or holds in immediate possession a written consent issued by the property owner or tenant in possession. Such person shall present the written consent for examination upon the demand of any peace officer enforcing the provisions of this chapter.
(2)
No camping on private property shall exceed 14 consecutive days or be permitted more than once within any 90-day period of time, except as follows:
(a)
The maximum length of stay for camping within a recreational vehicle park shall be established as part of the use permit process set forth in Chapter 17.35 RDMC.
(b)
The Chief of Police, by permit, may authorize overnight camping on City-owned property as a special event sponsored by a nonprofit community service organization. Any organization seeking such authority from the City shall file with the Chief of Police a written request setting forth detailed information concerning the proposed event. Any person desiring to camp overnight on City-owned property shall make a written application to the Chief of Police at least 30 days in advance of the proposed camping event. The Chief of Police may require certain additional information in writing as deemed necessary or appropriate for the evaluation of this request. The approving authority shall be the Chief of Police. Disapproval by the approving authority shall constitute disapproval of the permit. The Chief of Police of the City of Rio Dell shall conduct an investigation and evaluation of the application relating to the nature of the proposed camping event described in this chapter. The Chief of Police may impose conditions or alternatives to the permit. The Chief of Police, within 10 days after receipt of the application, shall notify the applicant in writing, delivered in person or by deposit in first class mail, postage prepaid, of notice in writing by the Chief of Police to the applicant of his decision to issue the permit or to deny the application. Such notice shall further specify the reasons for denial.
(c)
The granting or denial of a permit or the conditions or alternatives imposed in granting a permit by the Chief of Police pursuant to the provisions of this chapter may be appealed to the Council by the applicant, permittee, or any person affected thereby. Such appeal shall be in writing and shall be filed with the City Clerk within 48 hours after receipt of the decision of the Chief of Police. The Council shall act upon the appeal at the next special or regularly scheduled Council meeting held more than three days and less than 10 days after the filing of the appeal. If no such meeting is scheduled or if a regularly scheduled meeting is not held within such time, the Mayor shall call a special Council meeting to consider and act upon such appeal within 10 days after the filing of such appeal.
(Formerly 17.30.070; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), which provides for the regulation of commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis, as defined in this code, located within the City of Rio Dell.
(2)
Purpose and Intent. The City of Rio Dell is focused on the development of the medical cannabis industry in an effort to better understand the effects of the plant and its constituent elements on various diseases. We encourage the businesses within the industry to focus their efforts towards the medical market and actively seek businesses that conduct medical research as associated with the cannabis industry. The efforts of the City to better understand the medical benefits of this plant will provide an environment in which research oriented businesses will thrive and encourage new and innovative researchers to locate in Rio Dell. In this light, the City of Rio Dell envisions a future for the Humboldt Rio Dell Business Park as a research center for the cannabis industry.
The purpose of this section is to establish land use regulations concerning the commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis for medicinal or adult use in order to limit and control such activity.
These regulations are intended to ensure the public health, safety and welfare of residents of the City of Rio Dell, visitors to the City, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to residential neighborhoods, schools, commercial areas; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the City the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of the RDMC concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene RDMC § 17.30.250 or the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons 21 years of age or older.
(3)
Applicability and Interpretation.
(a)
These regulations shall apply to the location and permitting of commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis in zoning districts within which such use is authorized, as specified in this section.
(b)
The commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis within the jurisdiction of the City of Rio Dell shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section.
(c)
Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis from compliance with all other applicable zoning, and land use regulations, as well as compliance with any applicable State laws.
(d)
Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis as defined herein, from any and all applicable local and State construction, electrical, plumbing, land use, water rights, waste water discharge, streambed alteration, or any other environmental, building or land use standards or permitting requirements.
(e)
Nothing in this section is intended, nor shall it be construed, to preclude a landlord or property owner from limiting or prohibiting commercial cultivation, retail sales, processing, manufacturing, distribution and testing of cannabis on private property.
(f)
The definitions in this section are intended to apply solely to the regulations in this section.
(g)
Notwithstanding the fact that Health and Safety Code Section 11362.777 declares that cannabis is an agricultural product for purposes of that section and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), Business and Professions Code Section 19300 et seq., the commercial cultivation of cannabis is a highly regulated specialty crop and cultivation and processing of that specialty crop shall not be allowed as a principal permitted use unless a conditional use permit is first obtained from the City of Rio Dell, and the person engaged in such activity has obtained all State licenses and permits which may be required by the applicable State licensing authorities whenever such licenses become available.
(h)
With the exception of testing laboratories, all cannabis operators/licensees are required to hold a medical or "M" type State license. Cannabis operators/licensees may hold an adult or "A" type State license as well.
(4)
Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit approved for the commercial cultivation, processing, manufacturing, testing, or distribution of cannabis as defined herein, the owner or permittee shall indemnify and hold harmless the City of Rio Dell and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cultivation, processing, manufacturing, testing or distribution of cannabis and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the commercial cultivation, processing, manufacturing, testing or distribution of cannabis.
(5)
Violations, Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the Rio Dell Municipal Code, State law, including without limitation the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), and applicable Federal law.
Any violation of this section, including, but not limited to, failure to obtain and maintain in good standing the required conditional use permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the City under the applicable State and City laws, including those set forth in RDMC § 17.40.020 and any or all of the following:
(a)
Such person shall be subject to summary or administrative abatement of the nuisance by the City, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;
(b)
Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;
(c)
Such person shall be prosecuted in a civil action, criminal action, or both brought by the City. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the City;
(d)
Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.
(6) "Act" "Area of traditional tribal cultural affiliation" "Branded merchandise" "Cannabis" "Cannabis accessories" "Cannabis goods" "Cannabis testing and research laboratories" "Commercial cannabis activity" "Commercial cannabis cultivation" "Cultivation area" "Cultivation license types"(a) (i) (ii) (iii) (b) (i) (ii) (iii) (c) (i) (ii) (iii) (d) (i) (ii) (iii) (e) (f) "Cultivation site" "Dinsmore Plateau area"
"Distribution facility" "Distributor" "Distributor transport only" "Extraction" "Flowering" "Greenhouse" "Health and wellness center" "Immature cannabis plant" or "immature plant" "Indoor" "Kief" "Licensee" "Limited-access area" "Manufacturing facility" "Manufacturing license types"(a) (b) (c) (d) "Medicinal cannabis patient" "Microbusiness" "Mixed-light"(a) (b) "Nonmanufactured cannabis product" "Nursery" "Off-site processing facility" "On-site processing facility" "Outdoor" "Person" "Premises" "Pre-roll" "Process," "processing," and "processes" "Processing facility" "Propagation" "Retail area" "Sawmill Annexation Area"
"Renewable energy source" "Renewable energy system" "Retailer" "Retailer nonstorefront" "State license" "Testing laboratory" "Tribal cultural resources"
Definitions.
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American Tribes), as shown on the latest mapping prepared by the County of Humboldt Planning and Building Department, created from geographic information supplied by the Tribes of Humboldt County.
means clothing, hats, pencils, pens, key chains, mugs, water bottles, beverage glasses, notepads, lanyards, cannabis accessories, or other types of merchandise approved by the Bureau with the name or logo of a commercial cannabis business licensed pursuant to the Act. "Branded merchandise" does not include items containing cannabis or any items that are considered food as defined by Health and Safety Code Section 109935.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means cannabis as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agriculture Code or Section 11018.5 of the Health and Safety Code.
means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
means cannabis, including dried flower and products containing cannabis.
means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
means any activity involving the cultivation, retail sales, processing, distribution, manufacturing, testing, sale, or related activities of cannabis for commercial purposes.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries, that is intended to be transported, processed, manufactured, distributed, dispensed, delivered, or sold in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
means the area encompassed by the perimeter surrounding the area within which cannabis plants are cultivated. Where plants are cultivated in separated pots, beds or plots, the cumulative total surface area of all such pots, beds or plots, and the surface area underneath the maximum anticipated extent of vegetative growth of cannabis plants to be grown in separate pots, beds or plots, used in combination for a single permitted cultivation operation.
means the following types of State cultivation licenses:
Specialty Cottage.
"Specialty cottage outdoor"
is an outdoor cultivation site with up to 25 mature plants.
"Specialty cottage indoor"
is an indoor cultivation site with 500 square feet or less of total canopy.
"Specialty cottage mixed-light Tiers 1 and 2"
is a mixed-light cultivation site with 2,500 square feet or less of total canopy.
Specialty.
"Specialty outdoor"
is an outdoor cultivation site with less than or equal to 5,000 square feet of total canopy, or up to 50 mature plants on noncontiguous plots.
"Specialty indoor"
is an indoor cultivation site between 501 and 5,000 square feet of total canopy.
"Specialty mixed-light Tiers 1 and 2"
is a mixed-light cultivation site between 2,501 and 5,000 square feet of total canopy.
Small.
"Small outdoor"
is an outdoor cultivation site between 5,001 and 10,000 square feet of total canopy.
"Small indoor"
is an indoor cultivation site between 5,001 and 10,000 square feet of total canopy.
"Small mixed-light Tiers 1 and 2"
is a mixed-light cultivation site between 5,001 and 10,000 square feet of total canopy.
Medium.
"Medium outdoor"
is an outdoor cultivation site between 10,001 square feet and one acre of total canopy.
"Medium indoor"
is an indoor cultivation site between 10,001 and 22,000 square feet of total canopy.
"Medium mixed-light Tiers 1 and 2"
is a mixed-light cultivation site between 10,001 and 22,000 square feet of total canopy.
"Nursery"
is a cultivation site that conducts the cultivation of cannabis solely as a nursery.
"Processor"
is a site that conducts only trimming, drying, curing, grading, packaging or labeling of cannabis and nonmanufactured cannabis products.
means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
is the area (parcels) shown in Figure 6-1, below:
Figure 6-1 Dinsmore Plateau Area  |
means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs and coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
means a State-recognized Type 11 licensed person or entity that conducts the business of procuring cannabis from licensed cultivators and/or manufacturers for sale to licensed retailers, and performs and coordinates the inspection, quality assurance, batch testing and other related processes as well as transportation to and from other licensees.
means a State-recognized Type 13 licensed person or entity that conducts the business transportation of cannabis products between licensed cultivators, manufacturers and distributors. Does not transport cannabis goods to a retailer except for immature live plants and seeds being transported from a licensed nursery.
means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
means that a cannabis plant has formed a mass of pistils measuring greater than one-half inch wide at its widest point.
means a structure, primarily of glass or clear poly-film or polycarbonate plastic, in which temperature and humidity can be controlled for the cultivation or protection of plants.
means an establishment that offers health services for the body and mind, including but not limited to fitness, personal training, nutrition consulting, skin care services, massage, holistic and herbal therapies, therapeutic application of cannabis products including oils, tinctures, sublinguals, creams, lotions, pills, cosmetics, etc.
means a plant that is nonflowering and is shorter and narrower than 18 inches. For purposes of this section, this definition is applicable to retail activities.
means indoor cultivation using exclusively artificial lighting or a combination of artificial lighting and natural sunlight in a building with a glass, polycarbonate plastic or similar roof.
means the resinous trichomes of cannabis that may accumulate in containers or be sifted from loose, dry cannabis flower with a mesh screen or sieve.
means a person issued a State license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to engage in commercial cannabis activity.
means an area in which cannabis goods are stored or held and is only accessible to a licensee and its employees and authorized individuals.
means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
means the following license types available from the California Department of Public Health (CDPH):
"Type P,"
for entities that only package or repackage medical cannabis products or label or relabel the cannabis product container. Entities that engage in packaging or labeling of their own product as part of the manufacturing process do not need to hold a separate Type P license. For purposes of Section 19328 of the Business and Professions Code, a Type P license shall be subject to the same restrictions as a Type 6 license.
"Type N,"
for manufacturers that produce edible products or topical products using infusion processes, or other types of medical cannabis products other than extracts or concentrates, and that do not conduct extractions. For purposes of Section 19328 of the Business and Professions Code, a Type N license shall be subject to the same restrictions as a Type 6 license.
"Type 6,"
for extractions using mechanical methods or nonvolatile solvents as defined by Section 40100 of the California Code of Regulations. A Type 6 licensee may also conduct infusion operations, or packaging and labeling of its own cannabis products on the licensed premises; provided, that the infusion method is noted on the application form and that the relevant information pursuant to subsection (b) of Section 40128 of the California Code of Regulations is provided to the Department.
"Type 7,"(i) (ii) (iii)
for extractions using volatile solvents as defined by Section 40100 of the California Code of Regulations. A Type 7 licensee may also:
Conduct extractions using nonvolatile solvents or mechanical methods on the licensed premises; provided, that the extraction process is noted on the application form and the relevant information is provided to the Department pursuant to subsection (b) of Section 40128 of the California Code of Regulations.
Conduct infusion operations on the licensed premises; provided, that the infusion method is noted on the application form and that the relevant information is provided to the Department pursuant to subsection (b) of Section 40128 of the California Code of Regulations.
Conduct packaging and labeling of its own cannabis products.
means a State-recognized Type 12 licensed facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
means cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse or other similar structure using light deprivation and/or one of the artificial lighting models described below:
"Mixed-light Tier 1":
the use of artificial light at a rate of six watts per square foot or less;
"Mixed-light Tier 2":
the use of artificial light at a rate above six and below or equal to 25 watts per square foot.
means flower, shake, kief, leaf and pre-rolls.
means a licensee that produces only clones, immature plants, seeds, and other agricultural products for retail or wholesale sale, used specifically for the planting, propagation, and cultivation of cannabis.
means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
means outdoor open-field (not in a greenhouse) cultivation using no artificial lighting. Outdoor cultivation as defined herein is not allowed in the City of Rio Dell.
means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
means a legal parcel compliant with the Subdivision Map Act, or a leasehold interest in agricultural land for agricultural purposes of outdoor or mixed-light cultivation or processing of cannabis, or space in an industrial or commercial building for purposes of indoor cultivation, processing, manufacture, or distribution of cannabis.
means nonmanufactured cannabis products(s) rolled in paper.
mean all activities associated with drying, curing, grading, trimming, storing, packaging and labeling of cannabis products.
means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged.
means cultivation of immature, nonflowering cannabis plants.
means a building, room or other area that is open to the public, upon the licensed retailer or licensed microbusiness premises authorized to engage in retail sales in which cannabis goods are sold or displayed.
means the area north of the Eel River annexed into the City in 2008/2009, which area is shown on Figure 6-2, below.
Figure 6-2 Sawmill Annexation Area  |
means electrical power provided by a renewable energy system and/or grid power, supplied from 100 percent renewable source.
means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
means a State-recognized Type 10 licensed facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use.
means a State-recognized Type 9 license for the retail sale and delivery of cannabis from a licensed premises that is not open to the public, whether for medicinal or adult use.
means a State license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
means a State-recognized Type 8 licensed facility, entity, or site in the State that offers or performs tests of cannabis or cannabis products with an ISO/IEC 17025 accreditation or equivalent recognized by the State.
means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. "Tribal cultural resource" shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
(7)
General Provisions. This section applies to all cannabis-related facilities and activities involved in the commercial cultivation, retail sales, processing, manufacturing, health and wellness centers, testing or distribution of cannabis as defined in this section.
(a)
All cannabis-related facilities and activities, including commercial cultivation, retail sales, processing, manufacturing, health and wellness centers, testing, or distribution of cannabis shall operate in compliance with this section, as well as all applicable State and local laws and conditions as deemed appropriate by the Planning Commission and/or the City Council.
(b)
All retail, manufacturing, processing, testing and distribution cannabis activities shall not be located closer than 600 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center that is in existence at the time of application. The distance shall be measured in the same manner as provided in subsection (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.
Greenhouse and mixed-light commercial cultivation of cannabis shall be conducted entirely within a fully enclosed, secure and lockable greenhouse and shall be conditionally permitted in the industrial commercial (IC) and natural resources (NR) designations located in the Sawmill Annexation area and the rural (R) designation located on the Dinsmore Plateau area pursuant to the "greenhouse" and "mixed-light" cultivation area provisions described in Table 8.1 and subject to the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(c)
Indoor commercial cultivation of cannabis shall be conditionally permitted in the industrial commercial (IC) and natural resources (NR) designations located in the Sawmill Annexation area and the rural (R) designation located on the Dinsmore Plateau area pursuant to the "indoor" cultivation area provisions described in Table 8.1 and subject to the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(d)
Processing facilities accessory and appurtenant to on-site cultivation for commercial cannabis shall be a conditionally permitted use in the industrial commercial (IC) and natural resources (NR) designations located in the Sawmill Annexation area and the rural (R) designation located on the Dinsmore Plateau area subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(e)
Stand-alone, independent processing facilities for commercial cannabis shall be a conditionally permitted use in the industrial commercial (IC) designation zoning district located in the Sawmill Annexation area, subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(f)
Extraction manufacturing of commercial cannabis concentrates shall be a conditionally permitted use in the industrial commercial (IC) designation located in the Sawmill Annexation area, subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(g)
Manufacturing of edibles (commercial kitchens) shall be a conditionally permitted use in the industrial commercial (IC) designation located in the Sawmill Annexation area subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(h)
Wholesale distribution facilities for commercial cannabis shall be a conditionally permitted use in the industrial commercial (IC) designation located in the Sawmill Annexation area, the industrial commercial (IC) designation in the Eeloa Avenue area and the community commercial (CC) designation subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council. The City Council may at any time limit the number of distribution facilities in the community commercial (CC) designation.
(i)
Nurseries, as defined herein, producing commercial cannabis nursery products for retail sale, bulk wholesale sale or to supply retail nursery outlets shall be a conditionally permitted use in the industrial commercial (IC) and natural resources (NR) designation located in the Sawmill Annexation area and the rural residential (R) designation located on the Dinsmore Plateau area subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(j)
Testing laboratories as herein defined shall be conditionally permitted in the industrial commercial (IC) designation located in the Sawmill Annexation area, the town center (TC), neighborhood center (NC) and the community commercial (CC) zones subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(k)
Other than as enumerated in this section, the commercial cultivation, processing, manufacturing, testing or distribution and retail sales of cannabis in any other zoning district in the City of Rio Dell are prohibited.
(l)
Health and wellness centers as herein defined are allowed in the industrial commercial (IC) designation located in the Sawmill Annexation area and the town center (TC) designation subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council.
(m)
Retail areas as herein defined may be allowed in the industrial commercial (IC) designation located in the Sawmill Annexation area and the town center (TC) designation subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council. No more than three retail establishments may be allowed in the town center (TC) designation. The City Council shall solicit proposals through a "request for proposal" process. The proposals will be evaluated at a minimum on the following elements:
(n)
The fact that an applicant possesses other types of State or County or City permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the City of Rio Dell to engage in the commercial cultivation, processing, manufacturing, testing or distribution of cannabis within the jurisdiction of the City.
(o)
Every person engaged in any commercial cannabis activity within the City of Rio Dell that applies for and is issued a State license type marked "A" for adult use under Section 26050(b) of the California Business and Professions Code shall also apply for and obtain, prior to engaging in activity permitted under the "A" type State license, a State license type marked "M" for medicinal use for the same type of commercial cannabis activity within the City. Any such person shall comply with Section 5025 of Title 16 of the California Code of Regulations. This provision shall not apply to persons possessing a State testing laboratory license.
(p)
A video surveillance system as required by Section 5044 of the California Code of Regulations shall be installed in manufacturing, processing, distribution, testing and retail facilities. The system shall comply with the following standards:
(i)
Each licensed premises shall have a digital video surveillance system with a minimum camera resolution of 1,280 by 720 pixels.
(ii)
The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance.
(iii)
Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the licensed premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under subsection (7)(p)(iv) of this section.
(iv)
Areas that shall be recorded on the video surveillance system include the following:
(A)
Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the licensed premises;
(B)
Limited-access areas;
(C)
Security rooms;
(D)
Areas storing a surveillance system storage device with at least one camera recording the access points to the secured surveillance recording area; and
(E)
Entrances and exits to the licensed premises, which shall be recorded from both indoor and outdoor vantage points.
(v)
Licensed retailers authorized to engage in retail sales shall also record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(vi)
Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).
(vii)
The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering or theft.
(viii)
Surveillance recordings shall be kept for a minimum of 90 calendar days.
(ix)
Surveillance recordings are subject to inspection by the City, and shall be kept in a manner that allows the City to view and obtain copies of the recordings at the licensed premises immediately upon request. The licensee shall also send or otherwise provide copies of the recordings to the City upon request within the time specified by the City.
(x)
Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the standards issued by the United States National Institute of Standards and Technology.
(xi)
The video surveillance system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance system storage device.
(xii)
If multiple licensed premises are contained within the same building, a single video surveillance system covering the entire building may be used by all of the licensees under the following conditions:
(A)
Each applicant or licensee shall disclose on their premises diagram where the surveillance recordings are stored.
(B)
Each applicant or licensee shall include in their security operating procedures submitted with the application an explanation of how the video surveillance system will be shared, including who is responsible for monitoring the video footage and storing any video recordings.
(C)
All licensees shall have immediate access to the surveillance recordings to produce them pursuant to subsection (7)(p)(i) of this section.
(D)
All licensees shall be held responsible and subject to discipline for any violations of the video surveillance requirements.
(q)
Limited-access areas as defined herein shall comply with the following standards:
(i)
Licensees shall ensure that only employees of the licensee and other authorized individuals access the limited-access areas of the licensed premises.
(ii)
For the purpose of this section, authorized individuals include outside vendors, contractors, or other individuals conducting business that requires access to the limited-access areas.
(iii)
An individual who enters the limited-access area and is not employed by the licensee shall be escorted by an employee of the licensee at all times while within the limited-access area.
(iv)
A licensee shall maintain a record of all authorized individuals who are not employees of the licensee who enter the limited-access areas. The record shall include the name of the individual, the company the individual works for, the reason the individual entered the limited-access area, the date, and the times the individual entered and exited the limited-access area. These records shall be made available to the Bureau immediately upon request.
(v)
A licensee shall not receive consideration or compensation for permitting an individual to enter the limited-access areas.
(r)
Entrances to all limited-access areas shall have a solid door and a lock meeting the requirements of Section 5046 of the California Code of Regulations. The door shall remain closed when not in use during regular business hours. A licensee shall ensure that the limited-access areas described in Section 5042 of the California Code of Regulations can be securely locked using commercial-grade, nonresidential door locks. A licensee shall also use commercial-grade, nonresidential door locks on all points of entry and exit to the licensed premises.
(s)
An alarm system as required by Section 5047 of the California Code of Regulations shall be installed in manufacturing, processing, distribution, testing and retail facilities. The system shall comply with the following standards:
(i)
A licensee shall maintain an alarm system as defined in Business and Professions Code Section 7590.1(n) at the licensed premises.
(ii)
A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.
(iii)
Upon request, a licensee shall make available to the City all information related to the alarm system, monitoring, and alarm activity.
(iv)
If multiple licensed premises are contained within the same building, a single alarm system covering the entire building may be used by all of the licensees under the following conditions:
(A)
Each licensee shall include in their security operating procedures submitted with the application an explanation of how the alarm system will be shared, including who is responsible for contracting with the alarm company.
(B)
All licensees shall have access to and be able to provide the information under subsection (7)(s)(iii) of this section.
(C)
All licensees shall be held responsible and subject to discipline for any violations of the alarm system requirements.
(t)
Employee Badge Requirement: All agents, officers, or other persons acting for or employed by a licensee shall display a laminated or plastic-coated identification badge issued by the licensee at all times while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee's "doing business as" name and license number, the employee's first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee's face and that is at least one inch in width and one and one-half inches in height.
(8)
Cultivation, Locations and Allowable Canopies. The commercial cultivation of cannabis within the City shall be located in the Sawmill Annexation area and the rural (R) designation located on the Dinsmore Plateau area in accordance with the following table:
Table 8.1 Cultivation Locations and Allowable Canopies | |
|---|---|
State License Type | Allowable Canopy |
"Specialty Cottage" | 2,500 sq. ft. |
"Specialty" | 5,000 sq. ft. |
"Small" | 10,000 sq. ft. |
"Medium" | 22,000 sq. ft. |
State License Type | Allowable Canopy |
|---|---|
"Specialty Cottage" | 500 sq. ft. |
"Specialty Indoor" | 5,000 sq. ft. |
"Small Indoor" | 10,000 sq. ft. |
"Medium Indoor" | 22,000 sq. ft. |
State License Type | Parcel Size | Allowable Canopy |
|---|---|---|
Type 4, "Nursery" | N/A | N/A |
(a)
Cultivation activities may occur on leased premises for agricultural purposes pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). The minimum parcel size for leased parcels shall be five acres.
(c)
Multiple applicants may obtain a conditional use permit for greenhouse cultivation, mixed-light cultivation, or both, on one legal parcel so long as the cumulative cultivation area is within one contiguous cultivation footprint that does not exceed the total cultivation area size limits set forth in Table 8.1, Cultivation Locations and Allowable Canopies.
(d)
A combination of cultivation types may be allowed in the same zone (e.g., greenhouse and mixed-light cultivation, or indoor cultivation and processing).
(9)
Application Requirements for All CCLUO Conditional Use Permits.
(a)
A completed standard application form for a conditional use permit with the required fee.
(b)
If the applicant is not the record title owner of parcel, written consent of the owner for the application with original signature and notary acknowledgement.
(c)
A site plan shall be submitted showing the entire parcel with dimensions, easements, existing and proposed buildings, parking and loading facilities, landscaping, trash and recycling facilities, stormwater facilities, including retention/detention facilities and setbacks from property lines. The plan shall be drawn to scale.
(d)
Floor plans shall be submitted for existing and proposed buildings with dimensions and labeling identifying uses within the building(s). The plans shall be drawn to scale.
(e)
A plan of operations shall be submitted that includes, describes and addresses the following:
(i)
A complete project description including the proposed use(s), hours and days of operation, number of employees, and the duration (temporary, seasonal or permanent) of the operation.
(ii)
The number of daily and/or weekly incoming and outgoing deliveries.
(iii)
A security plan that addresses the cultivation, sales, storage, processing, manufacturing and testing of any cannabis, including but not limited to video monitoring and commercial alarm systems.
(iv)
A waste management/disposal plan shall be submitted describing any produced wastes, including by-products, recycling, reusing, recovery, storage, diversion and handling and disposal.
(v)
A description of the storage or use of any solvents, fertilizers, pesticides, fungicides, rodenticide, or herbicides.
(vi)
A description of any discharge or emissions the operation will generate.
(vii)
A description of any noise level increase as a result of the operation.
(viii)
A description of the operation's use of public facilities such as roads, water or sewer systems.
(ix)
A description of any proposed water source, storage, conservation and use; drainage, runoff and erosion control; watershed and habitat protection.
(f)
Repealed by Ord. 374.
(g)
Tribal Consultation. For any ground-disturbing activities, acknowledge that the City will consult with the local Wiyot Tribe, including their Tribal Historic Preservation Officer (THPO) or other Tribal representatives, before the approval of any conditional use permit. During this process, the Tribe may request that operations associated with the conditional use permit be designed to avoid, minimize or mitigate impacts to Tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a Tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern.
(h)
Community Relations. Each cannabis facility shall provide the City Manager or designee with the name, phone number, facsimile number, and email address of an on-site community relations or staff person or other representative to whom the City can provide notice if there are operating problems associated with the cannabis facility or refer members of the public who may have any concerns or complaints regarding the operation of the cannabis facility. Each cannabis facility shall also provide the above information to its business neighbors located within 300 feet of the cannabis facility.
(i)
Consent to a minimum of at least one quarterly on-site compliance inspection, to be conducted by appropriate City officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays). The applicant shall be required to pay the inspection fee in effect at that time.
(j)
The applicant or any of its officers, directors, owners or licensees shall be subject to the background checks related to the qualifications, functions or duties of the business required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The City shall rely on the State in making disqualifying determinations regarding substantially related offenses pursuant to Section 26057 of the Business and Professions Code.
(k)
Compliance with the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), all applicable State laws and City ordinances.
(l)
All permittees subject to State licensure shall participate in local and State programs for "Track and Trace," once available.
(m)
Notification to State Licensing Authorities. The City shall notify the appropriate State licensing authority whenever a conditional use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
(n)
The operator of the permitted facility shall maintain valid license(s) issued by the appropriate State licensing authority or authorities as provided in MAUCRSA for the type of activity being conducted, as soon as such licenses become available.
(o)
All operators shall maintain a current, valid business license at all times.
(10)
Performance Standards for all CCLUO Cultivation Operations.
(a)
No surface water withdrawals shall be allowed as part of any cultivation operations.
(b)
No timberland conversion permits or exemptions as approved by the California Department of Forestry and Fire Protection (CAL-FIRE) shall be used to facilitate the cultivation of cannabis.
(c)
The area of greenhouse, mixed-light cannabis cultivation shall be located as shown on the application site plan, set back at least 30 feet from any property line in the natural resource (NR) and rural (R) zones and 300 feet from any residences on an adjacent separately owned parcel and 1,000 feet from any school. The setback required from associated property lines or residence(s) on adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
(d)
Cannabis cultivation is declared to be development, subject to compliance with RDMC § 17.30.130, Environmentally sensitive habitat areas (ESHAs). For purposes of this section, where enhanced, reduced, or modified watercourse or wetland setbacks have been agreed to by the operator and the RWQCB under enrollment pursuant to NCRWQB Order No. 2015-0023 and/or preparation of a water resources protection plan, these may control and supersede any setback applied pursuant to RDMC § 17.30.130.
(e)
Maintain enrollment in Tier 1, 2 or 3 certification with the North Coast Regional Water Quality Control Board Order No. 2015-0023, if applicable, or any substantially equivalent rule that may be subsequently adopted by the City of Rio Dell or other responsible agency.
(f)
For cultivation areas for which no enrollment pursuant to NCRWQB Order No. 2015-0023 is required by that order, compliance with the standard conditions applicable to all Tier 1 dischargers.
(g)
The storage or use of any fertilizer, pesticide, fungicide, rodenticide, or herbicide shall be in compliance with the manufacturer's recommendations and regulations administered by the State Department of Pesticide Regulation. Hazardous materials and wastes from agricultural businesses are regulated by the Humboldt County Environmental Health Division, which administers the hazardous materials program as one of the Certified Unified Program Agencies (CUPA). This includes the application, inspection, enforcement, and reporting under the program requirements and standards set by the California Environmental Protection Agency (CalEPA).
(h)
Trucked water shall not be allowed as the primary water source. Water is to be sourced locally (on site), except for emergencies. For purposes of this provision, "emergency" is defined as: "a sudden, unexpected occurrence demanding immediate action."
(i)
Carbon filter fans or equivalent superior filters/scrubbers shall be required to eliminate odor discharges to neighboring properties from cultivation and processing facilities.
(j)
A waste management/disposal plan shall be submitted describing any produced wastes, including by-products, recycling, reusing, recovery, storage, diversion and handling and disposal.
(k)
Those cultivators using artificial lighting for mixed-light cultivation shall shield greenhouses so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise. Should the City receive complaints that the lighting is out of alignment or not complying with these standards, within 10 working days of receiving written notification that a complaint has been filed, the applicant shall submit written verification that the lights' shielding and alignment have been repaired, inspected and corrected as necessary.
(l)
Generators are only allowed as an emergency back-up power source. The noise produced by a generator used for cannabis cultivation shall not be audible from neighboring residences. The decibel level for generators at the property line shall be no more than 60 decibels.
(m)
Fuel shall be stored and handled in compliance with applicable State and local laws and regulations, and in such a way that no spillage occurs.
(n)
Electricity for indoor and mixed-light cultivation activities shall be provided by any combination of the following:
(i)
On-grid power with 42 percent renewable source.
(ii)
On-site zero net energy renewable source providing 42 percent of power.
(iii)
Purchase of carbon offsets for any portion of power above 58 percent not from renewable sources.
(iv)
Demonstration that the equipment to be used would be 42 percent more energy efficient than standard equipment, using 2014 as the baseline year for such standard equipment.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on Offset Project Registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
(o)
Comply with all Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
(p)
Comply with any special conditions applicable to that permit or parcel which may be imposed as a condition of the required conditional use permit.
(11)
Performance Standards for Manufacturing Activities.
(a)
Compliance with CAL/OSHA, OSHA regulations.
(b)
Compliance with State and local building regulations, including the California Building Code (CBC) and the California Fire Code (CFC).
(c)
A security plan that addresses how the following measures shall be implemented or complied with:
(i)
Entrance to the extraction areas and any cannabis storage areas shall be locked at all times, and under the control of facility staff.
(ii)
Cannabis shall be stored in buildings that are completely enclosed, and in a locked vault or safe, or other secured storage structure which is bolted to the floor or structure of the premises.
(iii)
Windows and roof hatches of the premises shall be secured from the inside with effective means so as to prevent unauthorized entry, and shall be equipped with latches or a similar mechanism that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable building provisions in the code.
(d)
If using CO2 in processing, a professional grade closed-loop CO2 gas extraction system rated to a minimum of 15,000 pounds per square inch (PSI) is required for every vessel in the system.
(e)
Extraction processes shall use a commercially manufactured professional grade closed-loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted sound engineering practices, such as: (i) the American Society of Mechanical Engineers (ASME); (ii) American National Standards Institute (ANSI); (iii) Underwriters Laboratories (UL); or (iv) the American Society for Testing and Materials (ASTM).
(f)
Volatile extraction operations shall occur in a spark-proof, explosion-proof room equipped with evacuation fans and lower explosive limit (LEL) detectors.
(g)
Carbon filter fans or equivalent superior filters/scrubbers shall be required to eliminate odor discharges to neighboring properties.
(h)
A waste management/disposal plan shall be submitted describing any produced wastes, including by-products, recycling, reusing, recovery, storage, diversion and handling and disposal.
(i)
Manufacturers of edibles shall comply with the regulations in the California Health and Safety Code, which includes the California Retail Food Code administered by the California Department of Health Services – Food and Drug Branch, California Department of Food and Agriculture and the County Department of Environmental Health.
(j)
Comply with any special conditions applicable to that permit or parcel which may be imposed as a condition of the required conditional use permit.
(12)
Performance Standards for Testing Laboratories.
(a)
Entrance to the lab area and any cannabis storage areas shall be locked at all times, and under the control of facility staff.
(b)
Cannabis shall be stored in a secured and locked room, vault or safe, or other secured storage structure which is bolted to the floor or structure of the premises.
(c)
Windows and roof hatches of the premises shall be secured from the inside with effective means so as to prevent unauthorized entry, and shall be equipped with latches or a similar mechanism that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable building provisions in the California Building Code.
(e)
Comply with any special conditions applicable to that permit or parcel which may be imposed as a condition of the required conditional use permit.
(13)
Performance Standards for Retail Sales.
(a)
Retail areas as herein defined may be allowed in the industrial commercial (IC) designation located in the Sawmill Annexation area and the town center (TC) designation subject to a conditional use permit and the conditions and limitations set forth in this section and as deemed appropriate by the Planning Commission and/or the City Council. In addition to the conditional use permit required findings pursuant to RDMC § 17.35.030, the following elements will be considered in reviewing and approving retail operations, including but not limited to:
(b)
Customer access to the licensed premises of a retailer with only an A-designation shall be limited to individuals who are at least 21 years of age.
(c)
Customer access to the licensed premises of a retailer with only an M-designation shall be limited to individuals who are at least 18 years of age and have a valid physician's recommendation for medicinal cannabis, and individuals who are at least 21 years of age.
(e)
Individuals shall be granted access to the retail area to purchase cannabis goods only after the retailer or an employee of the retailer has confirmed the individual's age and identity.
(f)
The licensed retailer or at least one employee shall be physically present in the retail area at all times when individuals who are not employees of the licensed retailer are in the retail area.
(g)
All sales of cannabis goods must take place within the retail area of the retailer's licensed premises, except for cannabis goods sold through delivery.
(h)
A licensed retailer shall only sell adult-use cannabis goods to individuals who are at least 21 years of age after confirming the customer's age and identity by inspecting a valid form of identification provided by the customer as required by subsection (13)(j) of this section.
(i)
A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possess a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation as required by subsection (13)(j) of this section.
(j)
Acceptable forms of identification include the following:
(i)
A document issued by a Federal, State, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, height, gender, and photo of the person;
(ii)
A valid identification card issued to a member of the Armed Forces that includes the person's name, date of birth, and photo; or
(iii)
A valid passport issued by the United States or by a foreign government.
(k)
A licensed retailer shall sell and deliver cannabis goods only between the hours of 9:00 a.m. Pacific Time and 8:00 p.m. Pacific Time.
(l)
Cannabis goods for inspection and sale shall only be displayed in the retail area.
(m)
Cannabis goods may be removed from their packaging and placed in containers to allow for customer inspection. The containers shall not be readily accessible to customers without assistance of retailer personnel. A container must be provided to the customer by the licensed retailer or its employees, who shall remain with the customer at all times that the container is being inspected by the customer.
(n)
Cannabis goods removed from their packaging for display shall not be sold, shall not be consumed, and shall be destroyed pursuant to Section 5054 of the California Code of Regulations when the cannabis goods are no longer used for display.
(o)
A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
(i)
The cannabis goods were received by the retail licensee from a licensed distributor or licensed microbusiness authorized to engage in distribution;
(ii)
The licensed retailer has verified that the cannabis goods have not exceeded their best-by, sell-by, or expiration date if one is provided;
(iii)
In the case of manufactured cannabis products, the product complies with all requirements of Business and Professions Code Section 26130 and California Code of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13;
(iv)
The cannabis goods have undergone laboratory testing as required by the Act;
(v)
The batch number is labeled on the package of cannabis goods and matches the batch number on the corresponding certificate of analysis for regulatory compliance testing;
(vi)
The packaging and labeling of the cannabis goods complies with Business and Professions Code Section 26120 and all applicable regulations within the California Code of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13.
(p)
In addition to cannabis goods, a licensed retailer may sell only cannabis accessories as defined by Section 11018.2 of the California Health and Safety Code and licensee's branded merchandise. Licensed retailers may provide customers with promotional materials.
(q)
A licensed retailer shall only sell live, immature cannabis plants and cannabis seeds if all of the following requirements are met:
(i)
The plant is not flowering;
(ii)
The plant or seed originated from a nursery that holds a valid license from the Department of Food and Agriculture or a licensed microbusiness authorized to engage in cultivation;
(iii)
A label is affixed to the plant or package containing any seeds which states, "This product has not been tested pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act."
(r)
A licensed retailer may not sell any other live plants.
(s)
A licensed retailer shall not apply nor use any pesticide, nor cause any pesticide to be applied nor used, on live plants.
(t)
A licensed retailer shall not sell more than the amounts to a single adult use customer or a single medicinal cannabis patient or to a patient's primary caregiver purchasing medicinal cannabis on behalf of the patient in a single day than the amounts identified in Section 5409 of the California Code of Regulations.
(u)
A licensed retailer shall only accept customer returns as allowed by Section 5410 of the California Code of Regulations.
(v)
Except as provided by Section 5411(b) et seq. of the California Code of Regulations a licensed retailer shall not provide free cannabis goods to any person and shall not allow individuals who are not employed by the licensed retailer to provide free cannabis goods to any person on the premises.
(w)
A licensed retailer shall not accept, possess or sell cannabis goods that are not packaged as they will be sold at final sale, nor shall a licensed retailer package or label cannabis goods, except as provided by Section 5412(c) of the California Code of Regulations.
(x)
All cannabis goods sold by a licensed retailer shall be in compliance with the packaging and exit packaging requirements found in Section 5413 of the California Code of Regulations.
(y)
All deliveries of cannabis goods shall be in compliance with Sections 5415, 5415.1, 5416, 5417, 5418, 5419, 5420 and 5421 of the California Code of Regulations.
(z)
A licensed retailer shall comply with Sections 5422, Receiving Shipments of Inventory, 5423, Inventory Documentation, 5424, Inventory Reconciliation, 5426, Records, and 5427, Retailer Premises to Retailer Premises Transfer, of the California Code of Regulations.
(14)
Term of Conditional Use Permit. Any conditional use permit issued pursuant to this section shall expire after one year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless the required compliance inspections have been conducted and the permitted site has been found to comply with all conditions of approval and the annual renewal fee submitted.
(a)
Permit Renewal. A permit renewal application, renewal fee and operating fee must be submitted at least 45 days before the expiration of the permit. Failure to submit a renewal application prior to the expiration date of the license will result in the automatic expiration of the permit on the expiration date. A permit may not be renewed if any violations of or noncompliance with the permit or these regulations exists. Permit renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure the new standards are met.
(15)
Changes to Ownership or Modification to Premises. A conditional use permit is nontransferable to another location and no transfer to another owner or modifications to a permitted facility may be made except in accordance with these regulations.
(a)
Transfer of Ownership. A request for change in permit ownership shall be submitted to the City at least 60 days prior to the anticipated transfer, together with the required fee. Requests submitted less than 60 days before the transfer will be processed only in the City's discretion and may be subject to an expedited processing fee. A new owner(s) shall meet all requirements for applicants of an initial permit. The request shall include the following information:
(i)
Identify information for the new owner(s) and management as required by the initial permit application, including names and contact information, and subsection (9)(j) of this section; and
(ii)
The specific date on which the transfer is to occur; and
(iii)
Acknowledgement of full responsibility for complying with the existing permit and any conditions attached thereto.
(b)
Modifications to the Facility. Prior to making any modifications to a permitted facility, the permittee shall submit to the City, at least 30 days in advance of initiating the modifications, a request for determination of City approvals, together with the appropriate fee. The request shall contain a detailed description to allow the City to determine what, if any, permits and/or other approvals are needed.
(16)
Inspections. Each permitted activity is subject to a minimum of at least one quarterly on-site compliance inspection, to be conducted by appropriate City officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays). The applicant shall be required to pay the inspection fee in effect at that time.
If the inspector or other City official determines that the site does not comply with the conditions of approval, the inspector shall serve the permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance, or file an appeal within 10 days of the date that the written statement is delivered to the permit holder. Personal delivery or mailing the written statement to the mailing address listed on the application by regular mail, plus three days after date of mailing, shall constitute delivery. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection or to cure any items of noncompliance shall terminate the conditional use permit and license, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
(17)
Appeal of Inspection Determination. Within 10 business days after delivery of the statement of noncompliance, the determination by the inspector that the site is or is not in compliance may be appealed by any interested party to the Planning Commission. The appeal shall be made, in writing, on a form provided by the City. The fee for filing the appeal is based on the adopted fee schedule in effect at the time of the appeal.
(a)
The appeal shall be heard by the Planning Commission within 30 days following the filing of the appeal. The Planning Commission shall render a written ruling on the appeal within three business days following the hearing.
(18)
Revocation by Operation of Law. Any conditional use permit issued under this section shall be revoked by operation of law, and without prior notice to the permit holder, in the event the permitted activity is made illegal under the laws of the State of California.
The City shall notify any State license authority, as defined by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), whenever the conditional use permit and license has been revoked or terminated.
(19)
Fees, Taxes and Other Charges. The Council may establish fees, taxes or other charges for a commercial cannabis activity permit by resolution or ordinance. The failure to pay all applicable fees, taxes and other charges when due shall be a violation of the section as contemplated by subsection (5) of this section.
(Formerly 17.30.195; Ord. 348 § 1, 2016; Ord. 353 § 1, 2017; Ord. 359 § 1, 2017; Ord. 364 § 1, 2018; Ord. 365 § 1, 2018; Ord. 374 § 2, 2019; Ord. 379 § 4, 2020)
(1)
Purpose. The purpose of these regulations is to establish performance standards and limitations for the operation and maintenance of cottage industries.
(2)
Applicability. Notwithstanding any other provisions of this code to the contrary, cottage industries, as defined in this code, that meet all the criteria of the following performance standards section, shall be permitted as appurtenant, accessory and incidental to a residential use in the urban residential (UR), suburban residential (SR), suburban (S) and rural (R) zones.
(3)
Cottage Industry Performance Standards. Cottage industries defined herein are allowed as principally permitted appurtenant and accessory uses to existing residential uses subject to the following minimum performance standards:
(a)
The cottage industry shall conform with the development standards in the applicable zoning district;
(b)
The dwelling on the site shall be occupied by the owner of the cottage industry;
(c)
The cottage industry shall occupy no more than 25 percent of the floor area of the dwelling; cottage industries in accessory buildings shall be limited to not more than 50 percent or 1,000 square feet, whichever is more of the floor area of the building;
(d)
The cottage industry shall not create noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood;
(e)
All noise generating operations shall be buffered so that they do not exceed 60 dB(a) at the property lines;
(f)
There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which are not customarily found in dwellings or residential accessory structures;
(g)
No persons other than residents of the dwelling shall be employed to conduct the cottage industry;
(h)
All lights shall be directed on site and shielded to reduce glare to adjacent areas;
(i)
There shall be no more than one cottage industry in any dwelling unit or accessory building;
(j)
Cottage industry permits shall be limited to the applicant only and shall not be transferable;
(k)
The activity shall be limited to the hours between 8:00 a.m. and 5:00 p.m.;
(l)
The occupation or profession shall be carried on wholly within a dwelling unit or accessory building;
(m)
There shall be no exterior storage of material and no other exterior indication of the cottage industry other than the sign or nameplate allowed by subsection (3)(p) of this section or variation from the residential character of the principal building;
(n)
A cottage industry shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district;
(o)
No mechanical equipment shall be used that produces offensive noise, vibration, smoke, dust, odors, or heat;
(p)
No more than one truck or other motor vehicle no larger than one ton shall be permitted at the site of the cottage industry;
(q)
No visual or audible interference of radio or television reception by the operations shall be permitted;
(r)
All manufacturing and fabricating areas shall be enclosed in buildings;
(s)
On-site customers and the incidental direct sale of only those goods produced on site shall only be allowed on the property between the hours of 9:00 a.m. to 6:00 p.m., seven days a week;
(t)
Not more than four on-site customer vehicle trips per day shall be allowed;
(u)
Any business not complying with the above performance standards shall require a conditional use permit.
(4)
Cottage Industry Food Operations. In addition to the above performance standards, unless otherwise identified herein, cottage industry food operations as defined under the California Homemade Food Act (AB 1616) shall comply with the following regulations:
(a)
No more than one employee other than residents of the dwelling shall be employed to conduct the cottage industry food operations;
(b)
The applicant shall obtain a Class A or Class B permit for cottage food operations from the Humboldt County Department of Environmental Health prior to the approval of the cottage industry permit.
(5)
Business License Required. Every cottage industry permittee shall obtain a business license and keep it current during the life of the business.
(6)
Cottage Industry Permit Required. In order to ensure that the intent of these regulations are implemented and that all cottage industries will be operated under the performance standards required herein, all cottage industries in the City of Rio Dell must secure approval of a cottage industry permit. Such cottage industry permit shall contain a listing of all cottage industry performance standards and a certification that the applicant has read and agrees to comply with all City regulations and performance standards contained therein.
(7)
Action by the Community Development Director or Their Authorized Representative(s). The Community Development Director or their authorized representative(s) is authorized to grant a cottage industry permit only upon a finding that the nature of the use and/or past performance of the requested use or similar use demonstrates the ability to fully conform with the intent of this section and the performance standards. The Community Development Director or their authorized representative(s) may refuse a cottage industry permit even though the proposed use may appear technically in conformance with all of the performance standards, if the possibility exists that the proposed use will not be in keeping with the intent of this title, including maintaining the residential character and compatibility of the area.
(8)
Appeal. The decision of the Community Development Director or their authorized representative(s) may be appealed to the Planning Commission by the applicant or any interested party. The appeal must be in writing and clearly state the reason for the appeal and be accompanied by the filing fee.
(Formerly 17.30.080; Ord. 313 § 2, 2014; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Purpose. The purpose of this section is to adopt an ordinance that specifies how compliance with Government Code Section 65915 ("State Density Bonus Law") will be implemented in an effort to encourage the production of affordable housing units in developments proposed within the City.
(2)
Definitions. Unless otherwise specified in this section, the definitions found in State Density Bonus Law shall apply to the terms contained herein.
(3)
Applicability. These regulations shall apply to all zoning districts where residential developments of five or more dwelling units are proposed and where the applicant seeks and agrees to provide low, very low or moderate income or senior housing units in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning. These regulations and State Density Bonus Law shall apply only to the residential component of a mixed use project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.
(4)
Application Requirements.
(a)
Any applicant requesting a density bonus, incentive(s), waiver(s) and/or use of density bonus parking standards. The proposal shall be submitted prior to or concurrently with the filing of the planning application for the housing development and shall be processed in conjunction with the underlying application.
(b)
The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:
(i)
Requested Density Bonus. The specific requested density bonus proposal shall include evidence that the project meets the thresholds for State Density Bonus Law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under State Density Bonus Law and the resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to State Density Bonus Law.
(ii)
Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the City to verify its conclusions. If the City requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be responsible for all costs incurred in reviewing the documentation.
(iii)
Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by subsection (8) of this section and to the extent such limitations are exceeded will be considered as a request for an incentive pursuant to subsection (6) of this section.
(iv)
Fee. Payment of the fee/deposit in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the State Density Bonus Law application submitted pursuant to these regulations.
(5)
Density Bonus.
(a)
A density bonus for a housing development means a density increase over the otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as provided in State Density Bonus Law. The applicant may select from only one of the income categories identified in State Density Bonus Law and may not combine density bonuses from different income categories to achieve a larger density bonus.
(b)
The body with approval authority for the planning approval sought will approve, deny or modify the request for a density bonus, incentive, waiver or use of density bonus parking standards in accordance with State Density Bonus Law and these regulations. Additionally, nothing herein prevents the City from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein, when the housing development does not meet the minimum thresholds.
(6)
Incentives.
(a)
The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
(b)
An incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of mixed use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project. An incentive may, but need not be, the provision of a direct financial incentive, such as the waiver of fees.
(c)
A requested incentive may be denied only for those reasons provided in State Density Bonus Law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.
(7)
Discretionary Approval Authority Retained. The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change or other discretionary approval, the City retains discretion to make or not make the required findings for approval of the base project.
(8)
Waivers. A waiver is a modification to a development standard such that construction at the increased density would be physically possible. Development standards include, but are not limited to, a height limitation, a setback requirement, minimum floor areas, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct. There is no limit on the number of waivers.
(9)
Affordable Housing Agreement. Prior to issuance of a building permit, the applicant shall enter into an affordable housing agreement with the City to the satisfaction of the City Attorney guaranteeing the affordability of the rental or ownership units for a minimum of 30 years, identifying the type, size and location of each affordable unit and containing requirements for administration, reporting and monitoring. Such affordable housing agreement shall be recorded in the Humboldt County Recorder's office.
(10)
Design and Quality.
(a)
Affordable units must be constructed concurrently with market-rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate unit. Exteriors and interiors, including architecture, elevations, floor plans, interior finishes and amenities of the affordable units shall be similar to the market rate units. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units. This section may be waived or modified on a case-by-case basis for affordable housing units developed for special groups, including housing for special needs or seniors.
(b)
Parking standards may be modified as allowable under the State Density Bonus Law and anything beyond those standards shall be considered a request for an incentive.
(Formerly 17.30.090; Ord. 318 § 1, 2014; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Purpose. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing operation of emergency homeless shelters/transitional housing to protect the public health and safety from conflicting uses and to ensure that shelters provide appropriate services to the homeless.
(2)
Permit Requirements. The following prescribes the permit requirements for emergency shelter/transitional housing.
(a)
An emergency homeless shelter/transitional housing that meets the standards of subsection (3) of this section is exempt from a conditional use permit. A conditional use permit may be granted from the planning commission for deviations to the development and management standards. The Planning Commission must make findings for use permits pursuant to RDMC § 17.35.030.
(3)
Development Standards.
(a)
Prior to commencing operation, the emergency shelter/transitional housing shall comply with the following standards:
(b)
Distance Separation Requirements. No emergency shelter/transitional housing shall be located within 300 feet of any other emergency shelter.
(c)
Occupancy. An emergency shelter/transitional housing shall not exceed 25 residents, excluding staff.
(d)
Length of Occupancy. Any single resident's stay shall not exceed six consecutive months.
(e)
Zone Specific Development Standards. An emergency shelter/transitional housing shall comply with all development standards of the zoning district in which it is located except as modified by these standards.
(f)
Parking Requirements. Every emergency shelter/transitional housing shall provide one parking space for every staff member or volunteer on duty and one parking space for every five beds. The Director of Community Development may reduce the parking requirements if the shelter can demonstrate a lower need.
(g)
Intake/Waiting Area. There shall be an adequate intake and waiting area inside the building so that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.
(h)
Screening. An outside waiting and recreation area adequate in size to serve the residents shall be fenced and screened from view.
(i)
Individual Space. Each resident shall be provided a minimum of 50 gross square feet of living space (per 2013 California Building Code for the dormitories function of Table 1004.1.1), not including space within common areas.
(j)
Security. Security shall be provided on site during hours of operation.
(k)
Staffing. On-site management by at least one emergency shelter staff member shall be provided at all times while residents are present at the shelter.
(l)
Lighting. Shelter lighting shall be provided on all exterior walls, and shall be directed downward.
(4)
Management. Prior to commencing operation, the emergency shelter/transitional housing provider must have a written management plan, approved by the community development director, confirming that the following items (at a minimum) are provided for:
(a)
Staff training;
(b)
Staff TB screening in compliance with Humboldt County Health Department standards;
(c)
Resident identification process;
(d)
Neighborhood outreach;
(e)
Policies regarding pets;
(f)
The timing and placement of outdoor activities;
(g)
Temporary storage of residents' personal belongings;
(h)
Safety and security.
(Formerly 17.30.100; Ord. 321 § 3, 2014; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Purpose. The purpose of these regulations is to ensure that environmentally sensitive habitat areas are protected for both the wildlife inhabiting them as well as the enjoyment of present and future residents of the City.
The presence of environmentally sensitive habitat in the vicinity of a proposed project shall be determined during the review process for discretionary projects and for ministerial building and grading permit applications, when the proposed building development activity involves new construction or expansion of existing structures or grading activities. Wetland delineation by a qualified biologist using criteria acceptable to the Department of Fish and Game may be necessary and shall be required when wetland characterization and limits cannot be easily identified by a site inspection.
(2)
Definitions.
(a) "Environmentally sensitive habitat areas"
(ESHAs) means anadromous fish streams, perennial and intermittent streams, sensitive species rookeries and nest sites, wetlands, riparian areas and habitats of rare and endangered plants and animals.
(b) "Riparian corridor"
means the area between the top of streambanks or hinge-points of the streambanks containing riparian vegetation and the adjacent upland area.
(c) "Riparian vegetation"
means pertaining to or situated on the banks of a stream, river, lake or pond such as willows, alders, cottonwood, wax myrtle, big leaf maple, California laurel, red elderberry, etc.
(d) "Stream channel"
means the area of a stream between its stream transition lines.
(e) "Streamside management areas (SMAs)"
means riparian buffer areas for protecting sensitive fish and wildlife habitats and minimizing erosion, runoff and interference with surface water flows.
(f) "Stream transition line"
means the line closest to a stream where riparian vegetation is permanently established.
(g) "Wetlands"
means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. (Fish and Game Code, Section 2785(g)).
(h)
Definitions Diagram.
 |
(3)
Development Standards
(a)
Stream Channels. Development within stream channels is limited to the following projects.
(i)
Fishery, wildlife, and aquaculture enhancement and restoration projects.
(iii)
Flood control and drainage channels, levees, dikes, and floodgates.
(iv)
Mineral extraction consistent with other State regulations.
(v)
Small-scale hydroelectric power plants in compliance with applicable State regulations.
(vi)
Wells and spring-boxes, and agricultural diversions.
(vii)
New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife movement.
(viii)
Bank protection, provided it is the least environmentally damaging alternative.
(ix)
Other essential projects, including municipal groundwater pumping stations and infiltration galleries provided they are the least environmentally damaging alternative, or necessary for the protection of the public's health and safety.
(b)
Streamside Management Areas. Development within streamside management areas shall be limited to the following uses:
(i)
Development permitted within stream channels.
(ii)
Public access parking areas and trails when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
(iii)
Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code 4516.5(e).
(iv)
Road and bridge replacement or construction, when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
(v)
Removal of vegetation for disease control or public safety purposes.
(vi)
Bank stabilization projects when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
(c)
Streamside management areas are identified and modified as follows:
(d)
Where necessary, the width of streamside management areas may be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed 100 feet measured as the horizontal distance from the hinge-point of the riparian corridor on each side of perennial streams and 50 feet measured as the horizontal distance from the hinge-point of the riparian corridor on each side of intermittent streams.
(e)
The streamside management area shall be reduced or eliminated where the City determines, based on specific factual findings, that it will not result in a significant adverse impact to fish, wildlife, riparian habitat, or soil stability.
(4)
Mitigation Measures. Mitigation measures for development within streamside management areas shall, at a minimum, include:
(a)
Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry (CALFIRE) forest and fire protection regulations, or for public health and safety reasons, approved by the appropriate agency. Felled snags shall be left on the ground if consistent with fire protection regulations as long as they have no economic value.
(b)
Retain live trees with visible evidence of use as nesting sites by hawks, owls, eagles, osprey, herons, or egrets.
(c)
Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall not be required unless natural regeneration does not occur within two years of the completion of the development project.
(d)
Erosion control measures for development within streamside management areas shall include the following:
(i)
During construction, land clearing and vegetation removal shall be minimized.
(ii)
Construction sites shall be mulched with natural or chemical stabilizers to aid in erosion control and ensure re-vegetation.
(iii)
Long slopes shall be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
(iv)
Concentrated runoff shall be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge where discharge is to natural ground or channels.
(v)
Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
(vi)
Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Fish and Game and Regional Water Quality Control Board.
(e)
Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(i)
Slopes shall be temporarily stabilized by stage seeding and/or planting of fast germinating seeds such as barley or rye grass; and mulched with protective coverings such as natural or chemical stabilizations.
(ii)
Runoff from the site shall be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
(5)
Other Wet Areas. Development, except for wells and spring-boxes, in or adjacent to other wet areas, including natural ponds, springs, vernal pools, marshes and wet meadows (exhibiting standing water yearlong or riparian vegetation) shall be consistent with the standards for streamside management areas, where appropriate.
(Formerly 17.30.110; Ord. 279 § 4, 2011; Ord. 308 § 1, 2014; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Corner Lots – Sight Distance. In any residential district on a corner lot, there shall be no fence, wall, or hedge higher than three feet, nor any obstruction to vision other than a post, column, or tree not exceeding one foot in diameter, between a height of three feet and a height of 10 feet above the established grade of either street, within an area 30 feet from the intersection of the street lot lines.
(2)
Height Regulations.
(a)
Fences in Front Yards. A fence located in a front yard shall not exceed four feet in height. However, an ornamental metal fence may be erected to a height of seven feet. Such ornamental fence may include posts/piers constructed of masonry, wood or other similar materials, provided the fence is at least 60 percent open overall. An ornamental metal fence may also be constructed atop a masonry wall provided the combined height of the wall and fence does not exceed seven feet and the portion of the wall/fence structure above four feet high is at least 60 percent open.
(b)
Fences in Side Yards and Rear Yards. A fence located in a side yard or rear yard may be erected to a height of seven feet.
(3)
Exceptions. The Planning Commission may modify by special use permit the height requirements of this section, upon a showing of good cause. For any such modification, the Planning Commission shall be required to make the following findings:
(a)
The proposed fence height modification will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;
(b)
The proposed modification will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and
(c)
The proposed modification will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
(d)
In issuing a special use permit, the Planning Commission may require such changes or alterations in the fence as it may deem necessary to satisfy the findings specified in this section. Such changes or alterations may include, but shall not be limited to, the following:
(4)
A fence or wall used as a fence which exceeds seven feet in height shall be defined as a "detached accessory structure" for the purpose of regulation under the provisions of this section, and all applicable provisions of the California Building Code shall apply.
(5)
Prohibited Materials. The following fence materials are prohibited unless approved by the Community Development Director in consultation with the Director of Public Works and the Chief of Police for animal control, garden protection, special security needs, or required by a City, State, or Federal law or regulation:
(a)
Barbed wire, or electrified fence, except within the rural (R) and natural resources (NR) land use designations;
(b)
Razor or concertina wire in conjunction with a fence or wall, or by itself within any land use designation;
(c)
Nails, broken glass, or other sharp objects on the top of fences or walls.
(d)
Existing fences with prohibited materials shall not be considered a legal nonconforming use and/or structure and shall be removed within 60 days after adoption of the implementing ordinance codified in this section.
(Formerly 17.30.120; Ord. 167 § 1, 1982; Ord. 279 § 4, 2011; Ord. 306 § 1, 2013; Ord. 324 § 1, 2014; Ord. 325 § 1, 2014; Ord. 338 § 1, 2015; Ord. 379 § 4, 2020)
(1)
Definition. Lots that have less than the required minimum street frontage on a public or private street where the lot has two distinct parts: (a) The flag, which is the building site and is located behind another lot; and (b) The pole which connects the flag to the street.
(2)
Purpose. Flag lots shall only be allowed in residential zones where topographic conditions do not allow for the conventional subdivision of the parcel. The intent is to provide additional housing opportunities and to promote the efficient use of residential land. Home occupations and secondary dwellings are prohibited because of limited access and the greater impacts these uses would place on abutting sites.
(4)
Land Division Regulations.
(a)
Flag Lot Area. The required minimum lot area for the flag lot, excluding the pole portion of the lot, is 6,000 square feet.
(c)
Access Pole. The minimum width and landscaping requirements shall be as follows:
(i)
The minimum width for the pole portion of one flag lot is 16 feet, 12-foot travelway and four-foot landscape strip;
(ii)
If two or more flag lots will use the same access driveway, the minimum combined width of the pole portions shall be 24 feet, two eight-foot travelways and two four-foot landscape strips.
(d)
Paving/Surface Requirements. Access poles/driveways and parking areas serving flag lots shall be improved as follows:
(i)
A minimum of at least four-inch thick reinforced Portland Cement concrete; or
(ii)
Two-and-one-half-inch compacted asphaltic concrete mix on six inches of three-quarter minus compacted crushed rock base, or an approved equivalent as approved by the City Engineer; or
(iii)
A durable pervious all weather surface as approved by the City Engineer.
(e)
Ownership. The access pole must be part of the flag lot and must be under the same ownership as the flag portion.
(f)
Easement/Maintenance. A reciprocating access easement and maintenance agreement shall be required for the access pole, which shall be recorded in the office of the Humboldt County Recorder.
(g)
Land Division Review. All applicable regulations for the type of land division process being used must be met except where the residential flag lot standards create different requirements.
(h)
Drainage. Drainage shall follow pre-existing drainage patterns, which may require obtainment of easements from adjacent property owners.
(i)
Pole Length. Access poles exceeding 125 feet in length shall be required to provide an emergency vehicle turn-around area approved by the Rio Dell Fire Protection District.
(j)
Lot Line Adjustments. Lot line adjustments shall not be used to create flag lots.
(5)
Use Regulations.
(a)
Residential flag lots have the same land use regulations as the base zone except home occupations and/or secondary dwelling units shall not be allowed due to limited access.
(6)
Development Standards.
(a)
Generally. All base zone requirements must be met, unless otherwise stated in this section.
(b)
Designation of Property Lines. The following requirements shall determine the location of the front, side and rear property lines of a flag lot:
(i)
Front Property Line. The front property line shall be the lot line that most nearly parallels the street providing access to the lot, and which abuts the end of the pole, but does not include the pole. If the pole is not at a 90-degree angle to the front property line, the front property line shall be determined as if the front property line continued by drawing an imaginary line to the pole.
(ii)
Side Property Lines. The side property line shall be any property line which does not abut a public or private right-of-way, and which is not a front or rear property line, exclusive of the pole portion of the lot.
(iii)
Rear Property Line. The rear property line shall be the property line opposite the front property line.
(d)
Orientation. All dwelling units shall orient to the street.
(e)
Ground or Lot Coverage. The maximum allowable ground or lot coverage shall be based on the flag area of the lot.
(7)
Exceptions. Exceptions to the development standards in this section may be allowed with a conditional use permit, if the Planning Commission makes the following findings, in addition to the findings required for conditional use permit approval in RDMC § 17.35.030:
(a)
The proposed flag lot subdivision is the only reasonable subdivision design due to extreme topographic conditions or other physical and natural constraints of the subject property (e.g., natural drainage courses, wetlands or streams).
(b)
The lots created from the proposed flag lot subdivision do not adversely impact the established neighborhood character nor deviate from the established neighborhood character, which shall consider the scale of the existing lot sizes and lot configurations in the surrounding area. For purposes of this finding, the surrounding area shall mean all properties within a 300-foot radius of the subject property's boundary (before subdivision).
(Formerly 17.30.130; Ord. 278 § 2, 2011; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
The Building Department shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement, including manufactured and mobile homes, must:
(2)
If the preliminary soil report indicates the presence of expansive soils or other soil problems which, if not corrected, might lead to structural defects in buildings, a more detailed soil/geologic investigation shall be required. A professional engineer registered in the State of California and qualified in geology and soils engineering shall prepare such soil investigation. The report shall recommend corrective action where necessary to prevent structural damage to each building proposed to be constructed and not aggravate the existing hazard.
(3)
Whether a proposed building site is within a subdivision or not, the Building Department shall review each building permit application and require a soil report prepared in the manner required in subsection (2) of this section when the proposed building site and improvements are in a location that may have mudslide hazards, or when such a building site is on land composed of filled areas, or marsh land, or land which has an average slope of 15 percent or more, and when said Building Department has reason to believe that the proposed building site contains expansive soils or other soil problems which, if not corrected, might lead to structural defects in buildings proposed to be constructed upon said proposed building site.
(4)
Flood Hazards. Subdivisions located in areas subject to flood hazard shall be specially designed, engineered and constructed to:
(Formerly 17.30.140; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Home Occupation Performance Standards. Home occupations, as defined herein, shall be permitted as appurtenant and accessory uses to any residential use, subject to the following minimum performance standards:
(a)
The primary function of a home occupation shall not necessitate the rendering of services to customers or clients on the premises;
(b)
A home occupation shall not include, but such exclusion shall not be limited to, the following: automobile repair, automobile wrecking, barber shops and beauty parlors, commercial stables, veterinary offices, kennels, or restaurants;
(c)
There shall be no more than one home occupation in any dwelling unit;
(d)
Home occupation permits shall be limited to the applicant only and shall not be transferable;
(e)
The activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.;
(f)
The occupation or profession shall be carried on wholly within a dwelling unit or accessory building;
(g)
Not more than 25 percent or 500 square feet (whichever is more) of the total floor area within the dwelling unit or no more than 500 square feet of an accessory building shall be used in connection with any home occupation;
(h)
There shall be no exterior storage of material and no other exterior indication of the home occupation or variation from the residential character of the principal building;
(i)
A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district;
(j)
No mechanical equipment shall be used that produces offensive noise, vibration, smoke, dust, odors, or heat. No lighting that produces offensive glare shall be used;
(k)
No more than one truck or other motor vehicle no larger than one ton shall be permitted at the site of the home occupation;
(l)
Special considerations, exceptions, etc., may be granted by the Planning Commission upon submittal of satisfactory evidence of physical handicap, which precludes normal employment or conduct of business anywhere but as a home occupation;
(m)
Any business not complying with the above standards shall require a conditional use permit.
(2)
Address of Convenience Performance Standards. Addresses of convenience, as defined herein, shall be permitted as appurtenant and accessory uses to any residential use, subject to the following minimum performance standards:
(a)
The primary function of the address of convenience is for receiving mail, phone calls and related record keeping (typically a mobile business);
(b)
An address of convenience shall not include any employees at the premises;
(c)
An address of convenience shall not include the rendering of services to clients or customers at the premises;
(d)
An address of convenience shall not generate more than one delivery per day to the residence;
(e)
No more than one truck or other motor vehicle no larger than one ton shall be permitted in conjunction with any address of convenience;
(f)
The address of convenience shall be carried on wholly within a dwelling unit or accessory building;
(g)
There shall be no exterior storage of materials, equipment or vehicles and no other exterior indication of the address of convenience other than the vehicle allowed by subsection (2)(e) of this section or variation from the residential character of the principal building;
(h)
Not more than 25 percent or 500 square feet (whichever is more) of the total floor area within the dwelling unit or accessory building shall be used in connection with any address of convenience.
(3)
Business License Required. Every home occupation and address of convenience permittee shall obtain a business license and keep it current during the life of the business.
(4)
Home Occupation Permit Required. In order to ensure that the intent of these regulations is implemented and that all home occupations will be operated under the performance standards required herein, all home occupations in the City of Rio Dell must secure approval of a home occupation permit. Such home occupation permit shall contain a listing of all home occupation performance standards and a certification that the applicant has read and agrees to comply with all City regulations and performance standards contained therein.
(5)
Address of Convenience Permit Required. In order to ensure that the intent of these regulations is implemented and that all addresses of convenience will be operated under the performance standards required herein, all addresses of convenience in the City of Rio Dell must secure approval of an address of convenience permit. Such address of convenience permit shall contain the requirements of the address of convenience and a certification that the applicant has read and agrees to comply with all City regulations and performance standards contained therein.
(6)
Action by the Community Development Director or Their Authorized Representative(s). The Community Development Director or their authorized representative(s) is authorized to grant a home occupation or address of convenience permit only upon a finding that the nature of the use and/or past performance of the requested use or similar use demonstrates the ability to fully conform with the intent of this section and the performance standards. The Community Development Director or their authorized representative(s) may refuse a home occupation or address of convenience permit even though the proposed use may appear technically in conformance with all of the performance standards, if the possibility exists that the proposed use will not be in keeping with the intent of this title, including maintaining the residential character and compatibility of the area.
(7)
Appeal. The decision of the Community Development Director or their authorized representative(s) may be appealed to the Planning Commission by the applicant or any interested party. The appeal must be in writing and clearly state the reason for the appeal and be accompanied by the filing fee.
(Formerly 17.30.150; Ord. 279 § 4, 2011; Ord. 312 § 2, 2014; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020)
(1)
Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the inland area of the City of Rio Dell which reduce negative impacts of industrial hemp cultivation on our community and environment.
(2)
Applicability and Interpretation. All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the City of Rio Dell.
(3) "Industrial hemp"
Definitions.
means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.
(4)
General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
(a)
Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the City of Rio Dell. Additionally, "established agricultural research institutions" as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
(b)
Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the City of Rio Dell.
(Ord. 386 § 2, 2021)
Exceptions to Lot Size, Lot Width and Lot Depth Standards. In order to better design and cope with difficulties due to topography and other natural or manmade features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a use permit:
EXCEPTIONS TABLE | ||
|---|---|---|
Development Standard | Permitted Modifications | Limitations |
Minimum Lot Size | Minimum lot size may be modified down to not less than 50 percent, or 5,000 square feet, whichever is greater. | Such modification must be approved in conjunction with a subdivision or lot line adjustment. The total number of lots created by the subdivision shall not be more than that allowed by the applicable general plan and zone designations. |
Minimum Lot Width | Minimum lot width may be modified to not less than 50 percent. | Minimum lot width shall not be modified below 50 feet. |
Maximum Lot Depth | Maximum lot depth may be modified up to a maximum of twice that permitted. | Maximum lot depth shall not be modified to exceed eight times the lot width. |
(Formerly 17.30.180; Ord. 279 § 4, 2011; Ord. 283 § 1, 2012; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
(1)
Use Exemptions. A manufactured/mobile home shall be occupied or used for living or sleeping purposes on an individual lot only if it is in accordance with subsections (2) and (3) of this section, with the following exceptions:
(a)
In Conjunction with a Trailer Sales Area. One manufactured/mobile home may be used as an office appurtenant and accessory to, and in conjunction with, the operation of a manufactured/mobile home sales area.
(b)
Temporary Office or Residence. One manufactured/mobile home or recreational vehicle may be permitted, with a special permit issued by the Building Department, as a temporary office or residence, after obtaining a building permit for the construction of a permanent building of the same use on the same lot. Such use of the manufactured/mobile home or recreational vehicle shall be limited to six months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit. The Building Department may renew such special permit for one additional period of six months, if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.
(c)
By Building Contractors. Manufactured/mobile homes or recreational vehicles may be used, with a use permit, as temporary offices by construction contractors, or as temporary living quarters for their employees in all zones.
(2)
Manufactured/Mobile Homes on Individual Lots. A manufactured/mobile home shall be permitted on an individual lot as a single-family dwelling unit in all appropriate zones if, and only if, it meets the following eligibility requirements and development standards:
(a)
The manufactured/mobile home must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.).
(b)
The manufactured home must have been manufactured less than 10 years before the date the building permit application was submitted.
(c)
The manufactured/mobile home must be installed on a permanent foundation system designed in accordance with the provisions of the City of Rio Dell Building Code.
(d)
The manufactured/mobile home must comply with all development standards specified in the zone in which the mobile home is to be placed.
(3)
(4)
Alternative Development Standards. The Planning Commission is hereby empowered to allow a manufactured/mobile home to be placed within the City of Rio Dell with alternative reasonable development standards substituted for those hereinabove set forth, or to exempt such a home from the strict application of such development standards, upon a showing of good cause. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission and any appeal to the City Council from a decision of the Planning Commission may be taken.
(Formerly 17.30.190; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
All manufactured/mobile home parks shall be subject to the following requirements:
(1)
Minimum lot area: one acre.
(2)
Minimum yards around parks: front, 20 feet; side and rear, 10 feet, suitably landscaped to provide effective screening.
(3)
All utilities must be placed underground.
(4)
All areas not used for access, parking, circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean and orderly and sanitary condition.
(5)
All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by 10 feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved. Two parking spaces or the equivalent thereof shall be provided for each mobile home site.
(6)
The Planning Commission may modify the above requirements for an existing substandard park proposed to be enlarged or extended; provided, that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result.
(Formerly 17.30.200; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
The lawful use of lands or buildings existing on the effective date of the application of these regulations to the subject property, although such use does not conform to the regulation applied to such subject property, may be continued, except as provided herein.
(1)
No such use or building shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property, except as follows:
(a)
A nonconforming building may be enlarged, increased or structurally altered where (i) such building modification is required for reason of public health or safety, or (ii) where such modification will not increase the degree of nonconformance of the subject building with respect to the height and area regulations of the zone in which it is located.
(2)
Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.
(3)
If 60 percent or more of the market value of any such land or building is destroyed, as determined by the Building Official, then the property shall become subject to the zoning regulations applicable to the principal zone, and any subsequent use or buildings shall be in accordance with such regulations, with the following exception:
(4)
Any interruption of a nonconforming use, or the use of a nonconforming building, which continues for 12 months or more shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.
(5)
Ordinary maintenance and repair may be made to a nonconforming structure or a structure in which a nonconforming use is conducted.
(Formerly 17.30.210; Ord. 279 § 4, 2011; Ord. 301 § 1, 2013; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
(1)
Purpose and Intent.
(a)
Purpose. The general purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking and thereby permitting safe passage of passengers to and from their destinations.
(b)
Intent. The intent of these off-street parking requirements is to provide for the on-site, off-street parking of motor vehicles associated with any use or uses on the premises. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. The facilities required by these requirements represent the minimum that will be required by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in these requirements.
(2)
General Parking Regulations.
(a)
Parking and Loading Spaces to Be Permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes. Areas not reviewed and approved for use as parking or loading shall not be used for such purposes.
(b)
Parking and Loading to Be Unrestricted. A lessee, owner, tenant, or other person having control of the operation of premises for which parking or loading spaces are required by this section shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the Community Development Director.
(c)
Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked on private property for the purpose of displaying the vehicles, trailers, or other personal property for hire, rental, or sale, unless the property is appropriately zoned, approved by the City for that use, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property. However, one vehicle or trailer owned by the lessee, owner, or renter of the property may be displayed for the purpose of sale for a maximum of 30 days. This shall not be construed to allow the continued sale of vehicles.
(d)
Recreational Vehicle/Trailer Parking. The storage (parking for any period longer than 72 hours) of a recreational vehicle, boat and/or trailer shall be allowed only when all portions of the vehicle, boat and/or trailer are located entirely within the property boundaries and do not extend into the public right-of-way, including public utility easements and sidewalks. The storage (parking for any period longer than 24 hours) of a recreational vehicle, boat and/or trailer in the Town Center zone along Wildwood Avenue shall be allowed only when all portions of the vehicle, boat and/or trailer are located entirely within the property boundaries and do not extend into the public right-of-way, including public utility easements and sidewalks.
(3)
Location of Off-Street Parking.
(a)
Required parking facilities shall be located on the same building site and conveniently close to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. The required parking facilities for multifamily, commercial and industrial uses shall not be located within the required setbacks of the zone where the property is located. Lawns, yards and other landscaped areas shall not be used as parking areas.
(4)
Location Exception.
(a)
Exceptions to the location requirement for parking facilities for commercial uses may be approved by the Community Development Director in consultation with the Director of Public Works if it is found that:
(i)
A substitute parking area is to be provided and remain available for as long as the use to which the required parking pertains shall continue; and
(ii)
The substitute parking area is within an area designated in the General Plan for commercial or other business use and within which parking is a permitted and compatible use; and
(iii)
All or part of the substitute location is within 400 feet of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage; and
(iv)
The substitute parking area is owned by the owner of the property on which the use for which the parking is being provided or is owned by a public entity empowered to provide public parking facilities.
(5)
Amount Exception.
(a)
Exceptions to the requirements for the number of off-street parking spaces may be approved by the Community Development Director in consultation with the Director of Public Works provided evidence is submitted in support of the exception. Exceptions may be granted by the Community Development Director based upon the following factors:
(6)
Parking and Aisle Dimensions.
(a)
Each parking space and drive aisle shall comply with the minimum dimension required below:
Minimum Off-Street Parking Dimensions | ||||||
|---|---|---|---|---|---|---|
Parking Angle | Standard Spaces | Compact Spaces | Minimum Aisle Width (maneuvering areas) | |||
Minimum Width | Minimum Length | Minimum Width | Minimum Length | One-Way | Two-Way | |
Parallel | 8.5 ft | 23 ft | 7 ft | 18 ft | 12 ft | 20 ft |
30 degrees | 8.5 ft | 17 ft | 7.5 ft | 17 ft | 11 ft | 20 ft |
45 degrees | 8.5 ft | 19.5 ft | 7.5 ft | 16 ft | 13.5 ft | 20 ft |
60 degrees | 8.5 ft | 21 ft | 7.5 ft | 17 ft | 18.5 ft | 20 ft |
Perpendicular | 8.5 ft | 19 ft | 7.5 ft | 16 ft | 25 ft | 25 ft |
(b)
No compact car spaces shall be allowed in parking areas containing less than 12 parking spaces.
(c)
In lots where compact car spaces are permitted, up to 25 percent of all spaces in the lot may be compact car parking spaces.
(d)
Compact car spaces shall be visibly marked and/or posted with signs and shall be clustered in one section of the parking area.
(7)
Surfacing.
(a)
All parking spaces, access drives and maneuvering areas shall be improved and permanently maintained with an all-weather durable asphalt, concrete or comparable surface as approved by the Director of Public Works.
(b)
Residential. Required single-family residential parking spaces, access drives and maneuvering areas may be surfaced with gravel, decomposed granite or other all-weather surface as approved by the Director of Public Works; provided, that the first 25 feet from a paved public street is paved with durable asphalt, concrete or comparable surface.
(8)
Striping.
(a)
Parking spaces shall be clearly delineated with white, four-inch-wide lines painted on the parking surface or with alternative materials as approved by the Director of Public Works.
(b)
The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans.
(9)
Curbing/Wheel Stops.
(a)
Curbing. Concrete curbing at least six inches in height and six inches wide shall be required for all uses, other than single-family residential, for parking areas located adjacent to fences, walls, property lines, landscaped areas and structures.
(b)
Individual Wheel Stops. Concrete wheel stops or comparable wheel stops approved by the Public Works Director shall be firmly attached to the ground and placed to allow two feet of front vehicle overhang within the dimension of the parking space.
(c)
Curbed Walkways. Curbed walkways may be used as wheel stops and partially included in the minimum length of the parking space, provided a minimum walkway width of four feet remains for safe and convenient pedestrian use.
(10)
Driveways and Site Access.
(a)
Number of Access Driveways. To limit the number of potential conflicts between pedestrians, bicyclists and motor vehicles, the number of access drives per parcel shall be the minimum number required to serve the intended use of the parcel. The Director of Public Works in consultation with the Community Development Director and the Police Chief shall determine the permitted number of access driveways based on public safety and the intended use of the parcel.
(b)
Distance from Street Corners. Each access driveway shall be located a minimum of 50 feet from the nearest intersection, as measured from the centerline of the access road driveway to the centerline of the nearest travel lane of the intersecting street, unless a lesser or greater distance is approved or required by the Director of Public Works.
(c)
Access Driveway Spacing. Access driveways shall be separated along the street frontage in compliance with the following:
(i)
Single-Family and Duplex Development. Access driveways on a single parcel shall be separated by at least 25 feet. Access driveways on separate parcels shall be separated by at least 10 feet, unless shared single access is approved by the Director of Public Works. The separation shall not include the transition or wing sections on each side of the access drive.
(ii)
Multifamily and Nonresidential Development. Where two or more access drives serve the same or adjacent multifamily or nonresidential development, the centerline of the access drives shall be separated by a minimum of 30 feet. Exceptions to this standard may be approved by the Director of Public Works.
(iii)
Approval of All Access Points. Entrances from exits to streets and alleys shall require encroachment permits, and shall only be provided at locations approved by the Director of Public Works.
(12)
Landscaping Requirements. Landscaping shall be provided in all areas of a site subject to development with structures, grading, or the removal of natural vegetation, as follows:
(a)
Parking Areas. Parking areas, other than single-family residential and secondary units, containing three or more parking spaces shall be landscaped as follows:
(i)
Landscape Materials. Landscaping shall be provided throughout the parking lot as a combination of ground cover, shrubs, and trees.
(ii)
Curbing. Landscape areas shall be provided protective curbing in compliance with subsection (9) of this section (Curbing/Wheel Stops).
(iii)
Groundwater Recharge. The design of parking lot landscape areas shall consider and may be required to include provisions for the on-site detention of stormwater runoff, pollutant cleansing, and groundwater recharge.
(13)
Perimeter Parking Lot Landscaping. All surface parking areas shall be screened from streets and adjoining properties, and open areas between the parking area and the public street shall be landscaped.
(a)
Adjacent to Streets. Parking areas adjacent to streets shall be subject to the following regulations:
(i)
A proposed parking area adjacent to a public street shall be designed with a landscaped planting strip between the street right-of-way and parking area with a minimum depth of six feet.
(ii)
Landscaping within the planting strip shall be designed and maintained to screen cars from view from the street to a minimum height of 18 inches, but shall not exceed any applicable height limit for landscaping within a setback.
(iii)
Screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices that are determined by the review authority to meet the intent of this requirement.
(iv)
Trees that reach a mature height of at least 20 feet shall be provided within the planting strip in addition to trees within the parking lot interior required by subsection (14)(a) of this section. Tree types shall have root systems that will not extend beyond the planting area.
(v)
Plant materials, signs, or structures within a traffic safety sight area of a driveway shall comply with RDMC § 17.30.140(1) (Corner Lots – Sight Distance).
(b)
Adjacent to Side or Rear Property Lines. Parking areas for nonresidential uses shall provide a screen or perimeter landscape strip where the parking area adjoins a side or rear property line unless the sites share a joint access drive. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required.
(c)
Adjacent to Structures. When a parking area is located adjacent to a nonresidential structure, a landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access ways.
(d)
Adjacent to Residential Use. A parking area for a nonresidential use adjoining a residential use shall provide a landscaped buffer setback with a minimum six-foot width between the parking area and the common property line bordering the residential use. A solid wall or fence, except for approved pedestrian access, and landscape buffer, shall be provided along the property line to address land use compatibility issues (e.g., nuisance, noise, and light/glare) as determined by the review authority.
(14)
Interior Parking Lot Landscaping.
(a)
Amount of Landscaping. Multifamily, commercial and industrial uses shall provide landscaping within each outdoor parking area at a minimum ratio of 10 percent of the gross area of the parking lot. Trees that reach a mature height of at least 20 feet shall be planted within the parking lot at a minimum ratio of one tree for each five parking spaces.
(b)
Location of Landscaping. Landscaping shall be dispersed throughout the parking area, as follows:
(i)
Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, such as trees, shrubs, flowering plants, enhanced paving, and project identification.
(ii)
Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.
(15)
Parking Lot Lighting.
(a)
An outdoor light fixture shall be limited to a maximum height of 15 feet or the height of the nearest building, whichever is less.
(b)
Outdoor lighting shall utilize energy-efficient (light-emitting diode (LED), high pressure sodium, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures and lamps and motion sensors and/or daylight sensors unless determined infeasible by the review authority.
(c)
Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:
(i)
Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and
(ii)
Confining glare and reflections within the boundaries of the site to the maximum extent feasible.
(iii)
Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates adjacent properties.
(d)
No lighting on private property shall produce an illumination level greater than one foot-candle on any property within a residential zoning district except on the site of the light source.
(e)
No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the review authority.
(16)
Required Off-Street Parking.
(a)
Off-street parking facilities shall be provided for any new building constructed and for any new use established.
(i)
The provisions of this subsection do not apply to existing structures located on Wildwood Avenue, south of Davis Street.
(b)
Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required; provided, that additional parking shall be required only for such addition, enlargement, or change and not the entire building or use, unless space is available.
(c)
Requirements for Lots Fronting Unimproved Roads. Whenever a use for which off-street parking is required is served by a roadway not improved to a width of 40 feet with asphalt or gravel, the following provisions shall be applicable:
(i)
Additional improved off-street parking must be provided consistent as determined by the review authority or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements.
(ii)
If the lot frontage exceeds 120 feet the parking lane shall not be required to accommodate more than three vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the City's Standard Improvement Specifications.
(d)
Parking Requirements for Uses Not in Compliance with Current Parking Requirements.
(i)
No additional parking spaces shall be required whenever existing uses not in compliance with the parking standards of this section are transferred to new owners or operators who will continue the use without significant change; or
(ii)
When new uses are initiated within existing structures which generate the same level of parking demand as the former use; or
(iii)
When the new use generates a lower parking demand.
(iv)
Whenever the use of any premises which is not in compliance with the parking standards of this section is enlarged, expanded, or intensified, additional parking spaces consistent with this section shall be provided only for the enlargement, expansion, or intensification, and not for the entire use, unless space is available.
(v)
Whenever the use of any premises which is not in compliance with the parking standards of this section is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this section shall be provided only for the additional intensity of the use, and not for the entire use, unless space is available.
(e)
Levels of use, as they relate to this section, shall be determined by the Community Development Director in consultation with the Director of Public Works based on engineering standards and design studies, and the principal and conditional uses of the specific zone district.
(f)
Multiple Uses and Joint Use. Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Community Development Director in consultation with the Director of Public Works.
(17)
Number of Parking Spaces Required.
(a)
Each land use shall be provided the number of off-street parking spaces required by this subsection. Each space shall be independently accessible. See subsections (19) and (20) of this section for off-street parking requirements for bicycles and motorcycles, respectively.
Land Use Type | Minimum Number of Required Off-Street Parking Spaces |
|---|---|
Residential | |
Single-family and duplexes | 2 spaces per dwelling unit. |
Multifamily (3 or more units) | |
One bedroom or less | 1 space per dwelling unit. |
Two or three bedrooms | 2 spaces per dwelling unit. |
Four bedrooms or more | 2.5 spaces per dwelling unit. |
Guest parking | 0.5 spaces per dwelling unit. |
Low to moderate income senior housing projects (62 and older) | |
One bedroom or less | 0.75 space per dwelling unit |
Two bedrooms | 1 space per dwelling unit |
Three bedrooms | 1.5 spaces per dwelling unit |
Four bedrooms or more | 2 spaces per dwelling unit |
Guest parking | 0.5 spaces per dwelling unit |
Commercial | |
Ambulance service | 3 spaces for each emergency vehicle. |
Animal hospitals and kennels | 1 space for each 500 sq. ft. of gross floor area. |
Appliance and furniture sales | 1 space for each 500 sq. ft. of gross floor area. |
Art galleries/studios | 1 space for every 300 sq. ft. of gross floor area. |
Auditoriums, assembly hall, community centers, theaters | 1 space for every 4 seats. Without fixed seats, 1 space for every 100 sq. ft. of assembly area. |
Automobile and boat sales | 4 spaces for first 10,000 sq. ft. of lot area, plus 1 space for each 3,000 sq. ft. thereafter. |
Automobile repair, tire sales and repairs | 3 spaces for each service stall/bay. |
Banks, credit unions, savings and loans | 1 space for every 250 sq. ft. of gross floor area. |
Barbershops, hair salons | 2 spaces for each chair or station. |
Bed and breakfast inns | 1 space for each guest room, plus 2 additional spaces. |
Hotels and motels | 1 space for each guest room, plus 2 additional spaces. |
Night clubs, bars, cocktail lounges | 1 space for every 200 sq. ft. of gross floor area. |
Professional offices, including engineers, architects, realtors, financial advisors, medical and dental | 1 space for every 250 sq. ft. of gross floor area. |
Retail sales and service | 1 space for every 250 sq. ft. of gross floor area. |
Restaurants | 1 space for every 4 seats or 1 space for every 200 sq. ft of dining area, whichever is greater. |
Shopping centers | 1 space for every 300 sq. ft. of gross floor area. |
Industrial Uses | |
Mini storage facilities | 1 space for every 20 units. |
Warehouses, wholesale manufacturing | 1 space for every 500 sq. ft. of gross floor area. |
Recreational Uses | |
Amusement arcades | 1 space for each 300 sq. ft. of gross floor area, plus 10 bicycle spaces/racks within 25 feet of main entrance. |
Batting cages/golf driving range | 1.5 spaces per batting stand or tee. |
Billiard/pool hall | 2 spaces per table. |
Bowling alleys | 3 spaces for each lane. |
Card room, bingo | 1 space for every 4 seats. |
Fitness clubs | 1 space for every 250 sq. ft. of gross floor area. |
Skating rinks | 1 space for every 500 sq. ft. of gross floor area. |
Other Uses | |
Care, convalescent and nursing homes | 1 space for every 2 beds. |
Child care center | 1 space per 8 children. |
Churches, worship facilities | 1 space for every 4 seats. Without fixed seats, 1 space for every 100 sq. ft. of assembly area. |
Hospitals | 1 space for every 2 beds. |
Mortuaries | 1 space for every 4 seats. Without fixed seats, one space for every 100 sq. ft. of assembly area. |
(b)
Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth in this section shall be fixed by the Community Development Director in consultation with the Director of Public Works based upon available studies and standards for the most comparable use.
(c)
Fractional Spaces. Where the application of the parking requirement table results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number.
(d)
Variable Demand. Where the demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand.
(18)
Handicap Parking Facilities.
(a)
Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide parking spaces for the physically handicapped.
(b)
Location of Handicap Spaces. The handicapped parking spaces must be located so they are the closest spots to the accessible entrance and should be on ground level. The only exception is if the closest space is on a slope or uneven surface that would make it difficult to maneuver a wheelchair through. In that case, the closest flat space should be designated for handicapped parking. There must also be an accessible route between the parking spot and the entrance way. On this route there cannot be stairs or sloped surfaces, and it must be slip-proof.
(c)
Size of Handicap Spaces. Handicapped parking spaces shall be at least nine feet wide and 18 feet long. Access aisles for cars must be at least 18 feet long and five feet wide. Access aisles for vans must be at least 18 feet long and eight feet wide.
(d)
Number of Handicap Spaces. Parking facilities containing one through 25 spaces, inclusive, shall include one handicapped parking space permanently signed with the international symbol of accessibility. One more handicapped space shall be provided for each additional 25 spaces or increment thereof.
(19)
Bicycle Parking Facilities. Each multifamily and nonresidential land use shall provide bicycle parking in compliance with this subsection.
(a)
Bicycle Parking Design, Devices and Location. Each bicycle parking or storage space shall be no less than six feet long by two feet wide, plus additional space as may be needed for access, and shall have a rack or shelter capable of supporting and securing bicycles of various types and sizes in an upright position. Each space shall be conveniently located and not interfere with pedestrian walkways.
(b)
Number of Bicycle Spaces. Bicycle spaces shall be required as follows:
Vehicle Parking Spaces Required | Number of Bicycle Spaces Required |
|---|---|
3 – 25 | 3 |
26 – 50 | 5 |
51 – 75 | 10 |
76 – 100 | 15 |
100+ | 20 |
(20)
Motorcycle Parking. A parking lot with 20 or more spaces shall provide motorcycle parking spaces conveniently located near the main entrance of a structure and accessed by the same aisles that provide access to the vehicle parking spaces in the lot.
(21)
Loading Space Requirements.
(a)
Number of Required Loading Spaces. Nonresidential uses shall provide off-street loading spaces in compliance with the table below. Requirements for uses not listed shall be determined by the Community Development Director in consultation with the Director of Public Works based upon the requirements for comparable uses.
Required Off-Street Loading Spaces | ||
|---|---|---|
Type of Land Use | Total Gross Floor Area | Loading Spaces Required |
Industrial, manufacturing, research and development, institutional and service uses | 5,000 to 40,000 sq. ft. | 1 |
40,001 + sq. ft. | 1 for each additional 40,000 sq. ft. up to a maximum of 3 | |
Office and retail commercial | 15,000 sq. ft. to 100,000 sq. ft. | 1 |
100,000 + sq. ft. | 1 for each additional 100,000 sq. ft. up to a maximum of 3 | |
(b)
Standards for Off-Street Loading Areas. Off-street loading areas shall be provided in compliance with the following:
(c)
Location of Loading Areas. The location of off-street loading areas shall be provided in compliance with the following:
(i)
As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
(ii)
Situated to ensure that loading and unloading takes place on site and in no case faces a public street, or is located within a required front setback, adjacent public right-of-way, or other on-site traffic circulation areas;
(iii)
Situated to ensure that all vehicular maneuvers occur on site. The loading areas shall allow vehicles to enter from and exit to a public street in a forward motion only; and
(iv)
Situated to avoid adverse impacts upon neighboring residential properties and located no closer than 25 feet from a residential zoning district unless adequately screened.
(v)
Loading spaces shall not be required for existing structures/uses located south of Elm Street on Wildwood Avenue.
(d)
Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.
(e)
Screening. Loading areas shall be screened from abutting parcels and streets with a combination of dense landscaping and solid masonry walls with a minimum height of six feet.
(f)
Striping. The striping of off-street loading areas shall be provided in compliance with subsection (8) of this section and the following:
(g)
Surfacing. The surfacing of off-street loading areas shall be provided in compliance with the following:
(i)
All loading areas shall be surfaced with asphalt, concrete pavement, durable pervious surface, or comparable material as determined by the Director of Public Works and the City Engineer when necessary and shall be graded to dispose of all surface water to the satisfaction of the Director of Public Works.
(h)
Grading Plans. All grading plans relating to the loading facilities shall be reviewed and approved by the Director of Public Works and the City Engineer when necessary before any work can commence.
(i)
Modifications. The Community Development Director in consultation with the Director of Public Works may modify the provisions of this subsection, where the Community Development Director first determines that the operating, shipping, and delivery characteristics of the use do not require the number or type of loading spaces required by this subsection.
(Formerly 17.30.220; Ord. 279 § 4, 2011; Ord. 295 §§ 1, 2, 2012; Ord. 300 § 1, 2013; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
(1)
Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the General Plan.
(2)
Applicability. These regulations shall apply to all divisions of land for residential uses pursuant to the Quimby Act.
(3)
Requirements.
(a)
As a condition of approval of a final map or parcel map the subdivider shall satisfy one of the following requirements, at the option of the City:
(b)
For new subdivisions containing 50 or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of subsection (6) of this section; except that, if mutually agreeable, the subdivider and the City may agree to the dedication of land or a combination of dedication and fee payment.
(c)
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that at the time a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
(4)
General Standard. Public parkland and/or recreation facilities shall be provided at the rate of five acres for each 1,000 persons, equal to a standard of 218 square feet per person. This standard shall be utilized pursuant to subsection (5) of this section for the determination of parkland dedication.
(5)
Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula:
(6)
Fees In Lieu of Land Dedication.
(a)
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection (5) of this section. The in-lieu parkland dedication fees shall be established by resolution and determined in conjunction with the County Assessor and/or local realtors from time to time as necessary based on the following formula:
Parkland Dedication Fee Calculation |
Impact Fee = Cost per Capita1 x Population per Development Unit2 |
1Cost per Capita = .005 (5 acres per 1000 population) x Cost per Acre |
2Average County Household Size |
(b)
If the subdivider objects to the adopted fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of property suitable for a park by a qualified real estate appraiser mutually agreed upon by the City in determining fair market value.
(c)
In-lieu parkland dedication fees shall be paid to the City at the time a building permit is issued for each dwelling unit built on the parcel.
(7)
Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows:
(a)
At the time of filing a tentative subdivision map or tentative parcel map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted.
(b)
At the time of the approval of the tentative subdivision map or tentative parcel map, the City shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.
(c)
The City may approve of the offer of land dedication, or elect to recommend that a payment of a fee in lieu thereof be required, or that a combination of both be required. In making this determination the Planning Commission shall consider the following:
(i)
The General Plan;
(ii)
Topography, geology, access, and location of land in the subdivision available for dedication;
(iii)
Size and shape of the land in the subdivision available for dedication;
(iv)
Feasibility of dedication;
(v)
Availability and adequacy of previously acquired park property; and
(vi)
The desirability of fees being used for indoor recreational facilities.
(8)
Credit for Private Recreation Facilities. Where a substantial private park and recreation area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the Planning Commission finds that it is in the public interest to do so and that the following standards are met:
(a)
That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
(b)
That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
(c)
That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor;
(d)
That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
(e)
That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan.
Before credit is given, the Planning Commission shall make findings that the standards herein are met.
(Formerly 17.30.230; Ord. 279 § 4, 2011; Ord. 302 § 1, 2013; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
(1)
Authority and Title. Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, California Government Code Section 38773.5, the City Council does hereby enact the ordinance codified in this section, which shall be known and may be cited as the "cannabis cultivation regulations."
(2)
Purpose and Intent. The purpose and intent of the cannabis cultivation regulations is to regulate the cultivation of cannabis for personal use in a residence and detached accessory buildings and ban the production of cannabis products as defined herein and Section 11018.1 of the Health and Safety Code, the commercial production and sale of nonmedical cannabis and cannabis products.
It is the intent of the City that the cultivation of cannabis for personal use be conducted in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the incorporated area of the City of Rio Dell.
It is the intent of the City to balance the rights of our residents to cultivate and possess cannabis and minimize the impacts of cannabis cultivation in neighborhoods.
(3)
Findings. The City Council hereby finds and declares the following:
(a)
Widespread indoor cultivation of cannabis in the County and Cities has led to a decrease in needed rental housing stock, as rental homes are converted solely to structures to grow marijuana in, as well as excessive energy consumption to power the lights, fans, and other systems needed for a large indoor cannabis growing operation. As rental homes are converted to these grow structures, the character of the neighborhood around the grow structure deteriorates.
(b)
Cannabis that is grown indoors can lead to mold, mildew, and moisture damage to the building in which it is grown. Landlords who thought they were renting a home for people to live in later find that their property was turned into a structure to grow cannabis and extensively damaged by that use, requiring new flooring, walls, ceiling, electrical and plumbing work to return the home to a habitable state. Growing cannabis is susceptible to plant diseases, mold, mildew, and insect damage and may be treated with insecticides and herbicides that may harm human health when applied or when the chemical is disposed of in the trash or in the sewage disposal system.
(c)
Cultivation of cannabis may also result in private or public nuisances. Whether grown indoors or outdoors, marijuana plants, particularly as they mature, produce a distinctive odor that is often detectable far beyond property boundaries. This strong, distinctive odor can interfere with neighboring owners' use and enjoyment of their property. In addition, this odor of growing or "green" cannabis may alert malefactors to the location where marijuana is grown and thereby create the risk of burglary and robbery at that location.
(d)
The right of citizens under State law to possess and cultivate cannabis for personal purposes does not confer upon them a right to create or maintain a nuisance. By adopting the ordinance codified in this section, which regulates the land use aspects of indoor residential cultivation of cannabis for personal use, the City expects a reduction in complaints regarding cannabis related odors and residential mold and moisture issues affecting rental housing stocks, as well as a decrease in crime and fires related to the cultivation and processing of cannabis.
(e)
The City finds that while the right of citizens to use and cultivate cannabis is authorized by Adult Use of Marijuana Act, the potential land use impacts to the environment and to public health, safety and welfare as identified necessitates that the City create regulations, such as this section, to govern the cultivation of cannabis for personal use in a residence or detached accessory buildings.
(f)
The City finds that the indoor cultivation of more than 50 square feet of cannabis that is more than 10 feet tall per residence or detached accessory building, as defined herein, within the City may result in an unreasonable risk of crime, fire, and other nuisance-related impacts such as odors offensive to people living or working or recreating nearby, as well as resulting in the deterioration of the neighborhood character, decrease in rental housing stock, and excessive energy consumption and carbon dioxide emissions. Therefore, the indoor cultivation of more than 50 square feet of cannabis that is more than 10 feet tall per residence or detached accessory building is hereby found and declared to be unlawful and a public nuisance.
(g)
The City further finds that the indoor cultivation of 50 square feet or less of cannabis that is 10 feet tall or less per residence or detached accessory building is subordinate, incidental, and accessory to the residential use, within the City will achieve the goals of allowing citizens the ability to cultivate cannabis in or at their residence as allowed by the Adult Use of Marijuana Act for their personal use, while minimizing, to the extent possible, the negative impacts on the neighbors, the neighborhood, and the community from a citizen's right to cultivate and process cannabis.
(4)
Applicability and Interpretation.
(a)
The cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the City shall be controlled by the provisions of this section, regardless of whether the cultivation or processing existed or occurred prior to the adoption of the ordinance codified in this section.
(b)
Nothing in this section is intended, nor shall it be construed, to exempt any cultivation of cannabis for personal use from compliance with the City of Rio Dell's zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the Rio Dell Municipal Code, or any other applicable State or Federal laws.
(c)
Nothing in this code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
(d)
The definitions in this code are intended to apply to the medical marijuana regulations. Applicable definitions in the Rio Dell Municipal Code may also apply to this code.
(5) "Cannabis" "Cannabis products" "Commercial cannabis activity" "Cultivation" "Detached accessory building – residential" "Indoor(s)" "Person" "Residence" "Residential cultivation"
Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this section:
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means cannabis as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agriculture Code or Section 11018.5 of the Health and Safety Code.
has the same meaning as in Section 11018.1 of the Health and Safety Code, except that it does not include cannabis products manufactured, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 of Division 8.
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of nonmedical cannabis and nonmedical cannabis products as provided for in the Adult Use of Marijuana Act.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
means a building which is incidental and subordinate to the residence or residential use and be located on the same parcel. Detached accessory buildings must be fully enclosed, secure and lockable structure that has a roof supported by connecting walls extending continuously to a perimeter foundation or equivalent base to which the connecting walls are securely attached. A "greenhouse," "hoophouse" or "cargo or shipping container" is not considered to be a detached accessory building – residential for purposes of these cannabis cultivation regulations.
means within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
means any structure designed or used for residential occupancy, including an attached garage, regardless of whether it is located in a residential zone.
means the growing of not more than six cannabis plants by a person 21 years of age or older within a residence or detached accessory building.
(6)
Residential Cultivation for Personal Use. The City shall not interfere with the cultivation of cannabis for personal use, so long as the cultivation is in conformance with the Rio Dell Municipal Code and State law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, residential cannabis cultivation and processing for personal use shall be in conformance with the following standards:
(a)
Outdoor and greenhouse cultivation is prohibited; and
(b)
Indoor cannabis cultivation shall be limited to a private residence and/or in a detached accessory building and shall not exceed six plants and 50 square feet or less per residence, and shall not exceed an interior ceiling height of 10 feet; and
(c)
In residences where the cannabis cultivation occurs, kitchen and bathroom(s) shall be maintained for their intended use; and
(d)
The cannabis cultivation and processing area shall be indoors and secured against unauthorized entry; and
(e)
Grow lights for cannabis cultivation shall not overload the capacity of the branch circuits; and
(f)
All electrical equipment used in the indoor cultivation of cannabis shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of cannabis is prohibited. Any electrical or mechanical work or alterations may require a building permit; and
(g)
The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation is prohibited; and
(h)
No toxic or flammable fumigant shall be used for indoor cultivation unless the requirements of Section 1703 of the California Fire Code have been met; and
(i)
No odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation uses; and
(j)
From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no auditory evidence of the cultivation that is detectable by a person of ordinary senses; and
(k)
Cannabis cultivation, processing, or transfers are prohibited as a home occupation; and
(l)
No sale, trading, or dispensing of cannabis is allowed on a parcel where cultivation of cannabis occurs; and
(m)
All waste materials shall be disposed of properly. No effluent, including but not limited to waste products, chemical fertilizers or pesticides, shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers and streams as a result of the cultivation of cannabis; and
(n)
The cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
(o)
The indoor personal recreational cultivation of cannabis must comply with all applicable State and County laws, including fire and building codes; and
(p)
A waterproof membrane or other waterproof barrier shall be installed to protect the floor of the indoor cultivation area from water damage; and
(q)
Cultivation areas must be maintained in a clean and sanitary condition; and
(r)
An annual permit and acknowledgement are required. Renters must provide written authorization from the property owner. The applicant shall be required to pay the life-safety inspection fee in effect at that time; and
(s)
Upon proper notification consent to a minimum of one additional on-site compliance inspection annually, to be conducted by appropriate City officials during regular business hours (Monday through Friday, 9:00 a.m. through 5:00 p.m., excluding holidays). The applicant shall be required to pay the life-safety inspection fee in effect at that time.
(7)
Violation of Regulations. It shall be unlawful for any person, whether principal, agent, employee, firm, corporation or otherwise, to violate or cause or permit the violation of any of the provisions of these regulations.
(8)
Penalty. Any person, firm, corporation, or other entity whether as owner, lessee, sublesser, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
(a)
Such person shall be subject to summary or administrative abatement of the nuisance by the City, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;
(b)
Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof, shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both, for each violation;
(c)
Such person shall be prosecuted in a civil action, criminal action, or both brought by the City. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the City;
(d)
Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.
(9)
Declaration of Public Nuisance. Any building or use operated or maintained contrary to the provisions of these regulations shall be, and the same is hereby declared to be, a public nuisance and shall be subject to injunction and abatement as such.
(10)
Remedies. Nothing in this chapter shall be deemed to prevent the City from commencement of any available administrative, civil and/or criminal proceeding to abate a violation or nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in the Rio Dell Municipal Code.
The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all City ordinances for the abatement or punishment of any violation thereof are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the City ordinances, the Rio Dell Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all violations or nuisances and to enforce its ordinances.
(11)
Police Chief Responsible for Enforcement of This Title.
(a)
The Police Chief shall be responsible for the enforcement of the provisions of these regulations.
(b)
These regulations may be enforced by an authorized representative of the Police Chief.
(c)
The Community Development Director is hereby designated as an authorized representative of the Police Chief.
(d)
The Police Chief, or his authorized representative(s), shall have authority to request entry to any building, structure, or premises, during normal business hours for the purpose of performing his/her official duty.
(Formerly 17.30.240; Ord. 358 § 1, 2017; Ord. 362 § 1, 2017; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
Public uses, as defined herein, shall be permitted in any PF zone and shall obtain a use permit prior to locating in all other zones. Proposed public uses relating to the acquisition of rights-of-way shall be submitted to the Planning Commission for recommendation at least 30 days prior to acquisition.
(Formerly 17.30.250; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
Public utility buildings and uses, including but not limited to communication equipment buildings, substations, generating plants, geometers and transmission facilities, shall be classified as quasi-public uses.
(Formerly 17.30.260; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
Quasi-public uses, including public utility uses, shall be permitted in the PF zone without a use permit and may be permitted in other zones subject to the securing of a use permit; provided, however, that lines and facilities for local service shall be permitted in all zones, and that the locations of proposed transmission lines shall be discussed with and approved by the City Council prior to the acquisition of rights-of-way therefor.
(Formerly 17.30.270; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
The following standards are hereby established for regulation of the construction and the use of land in areas designated for recreational vehicle parks:
(1)
The density of spaces in any recreational vehicle park shall not exceed 20 spaces per gross acre.
(2)
Sites with irregular terrain such as gullies, ridges and other areas having a natural grade over six percent shall not be developed for recreational vehicle use.
(3)
Recreational vehicle parks shall be sited such that access to the parks will not be through existing residential neighborhoods.
(4)
Water, sewers, electricity and other necessary utilities shall be available at the site and each space, or an appropriate performance agreement in form and cost amount to be approved by the City Engineer and the Public Works Director shall be filed with the City Clerk prior to final site plan approval to guarantee the installation of such utilities underground.
(5)
All structures, improvements, and recreational vehicle spaces are to be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.
(6)
The recreational vehicle park shall be developed with a minimum of 15 feet of open space between recreational vehicles, or to the specifications of the Fire Marshal.
(7)
No structure shall exceed two stories or 30 feet in height.
(8)
All areas not covered by structures or paved shall be landscaped and maintained in accordance with provisions of landscaping and screening as recommended by the Planning Commission of Rio Dell and approved by the Public Works Director.
(9)
Screening the perimeter of a recreational vehicle park by a wall, vegetation or other approved material may be required. All sides of a recreational vehicle park which are adjacent to a residential district shall have a wall at least six feet in height and shall have an approved landscaped area at least 10 feet in width within the required wall.
(10)
Private access ways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.
(11)
Private access ways and parking spaces shall be paved in accordance with the City of Rio Dell standards and specifications.
(12)
There shall be a recreational area for guests, comprising four percent of the gross site area. This shall not include required setbacks or similar areas not usable for recreation activities.
(13)
There shall be a community building or buildings which shall provide for the recreational service needs of occupants of the recreational vehicle park. It shall include rest rooms and a laundry. The community building or buildings may be included as part of the required recreational area.
(14)
Provision and location of refuse collection shall be approved by both the City Engineer or Public Works Director and the municipal franchise holder, such approval to be noted and signed on the reproducible master copy of said site plan.
(15)
Street lighting shall be provided to illuminate interior roadways and walkways for the safe movement of vehicles and pedestrians at night.
(16)
All utilities and the wires of any central television or radio antenna system shall be underground.
(17)
Fire protection facilities shall be provided to the satisfaction of the City Engineer, the Rio Dell Fire District and the City Public Works Department.
(18)
A means for emptying sewage holding tanks must be provided as approved by the Department of Public Works and the Humboldt County Health Department.
(19)
Recreational vehicle parks shall be subject to the requirements of the sanitary code of the Humboldt County Health Department unless such requirements are less restrictive than the requirements of any other applicable ordinance of the City, in which event the requirements of the City ordinances shall prevail.
(20)
Expansion or modification of existing recreational vehicle parks shall be in accordance with the provisions of this chapter, including public hearings for the amendment of the site plan.
(21)
Site plan review by the Planning Commission shall be required for all recreational vehicle parks.
(22)
Establishment of recreational vehicle parks shall conform to standards established by the National Fire Protection Association in NFPA No. 501D-1977.
(23)
Establishment of recreational vehicle parks shall conform to standards and regulations as stated in the State of California Administrative Code, Title 25, Chapter 5, pertaining to mobile home parks, special occupancy trailer parks, and campgrounds.
(Formerly 17.30.280; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
A grading permit issued by the Building Official is required for all clearing or earthwork within the City of Rio Dell, except for those earthwork or clearing activities specifically exempted in Appendix J of the California Building Code.
(Formerly 17.30.290; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 343 § 1, 2016; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
Repealed by Ord. 379.
(Formerly 17.30.300; Ord. 279 § 4, 2011; Ord. 281 § 1, 2012; Ord. 325 § 1, 2014; Ord. 386 § 3, 2021)
(1)
Purpose and Applicability. This chapter establishes the regulation of signs as a way to:
(a)
Encourage creative and innovative approaches to signage within the community that are of high quality design and character and contribute to the overall appearance of the community; and
(b)
Encourage signage that is architecturally and cosmetically compatible with the surrounding area; and
(c)
Enhance the overall property values in the City by discouraging signage that contributes to the visual clutter of the streetscape, such as oversized signs and excessive temporary signs; and
(d)
Enhance aesthetic and traffic safety in the community by minimizing signage information to ensure that signage does not distract motorists, obstruct, or otherwise impede traffic circulation; and
(e)
Safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signage. The standards of this chapter apply to signs in all zoning districts. Only signage specifically authorized by this chapter shall be allowed.
(2)
Review of Signs.
(a)
Permit Required. Except as otherwise provided in this chapter, no person shall erect, move, alter, replace, or maintain any sign without first obtaining zoning clearance (administrative plan check) to ensure compliance with applicable provisions of this chapter. (See subsection (3) of this section for exemptions.)
(b)
Uniform Sign Program. A uniform sign program is intended to integrate design of signs with the design of the structures to achieve a unified architectural statement. Its purpose is ensuring design compatibility, not providing exemptions from the provisions of this chapter.
(c)
Applicability. A uniform sign program shall be required whenever any of the following circumstances exists:
(i)
New multi-tenant developments of three or more separate tenants that share either the same parcel or structure and use common access and parking facilities;
(ii)
Whenever three or more signs are requested by a single tenant in an existing multi-tenant project that is currently not covered by a uniform sign program; or
(iii)
Whenever the City determines that a uniform sign program is appropriate in order to achieve the objectives of this title.
(d)
Approval of a Uniform Signage Program. The hearing and approving body for all uniform signage programs (USP) shall be the Planning Commission. The process for appealing the decision shall be consistent with RDMC § 17.35.060.
(e)
Standards. The uniform sign program shall include criteria for building attached signs for tenants, anchors, freestanding building signs and the integrated development itself to establish consistency of sign type, location, logo and/or letter height, lines of copy, illumination, construction details, and color and materials of signs for the project. All signs within the development shall be consistent with the USP.
(f)
Revisions to a Uniform Signage Program. The Planning Director may approve revisions to a uniform signage program if the Director determines that the modifications are minor in nature and do not change or modify the intent or conditions of the original approval. Revisions that would substantially deviate from the original approval (as determined by the Planning Director) shall require Planning Commission approval.
(3)
Exempt Signs. Zoning clearance shall not be required for the signage listed in this section. Any exception to the limitations for exempt signage listed herein shall require a variance pursuant to RDMC § 17.35.020.
(a)
Exempt Signage without Limitations. The following signs are exempt from a sign permit and City review:
(i)
Signs within Buildings. Signs that are within buildings and are not visible from any point on the boundary of the property;
(ii)
Official or Legal Notice. Official or legal notice required by a court or government agency (government/civic signs);
(iii)
Signs Serving a Government Function. Signs erected and maintained in compliance with a government function or required by a law, ordinance, or government regulation, including signs erected by a public utility (government/civic signs);
(iv)
Signs on Licensed Commercial Vehicles Prohibiting Outdoor Display Signs. Signs on licensed commercial vehicles, including trailers; provided, that the vehicles/trailers shall not be used as parked/stationary outdoor display signs;
(v)
Change of Copy. Change of copy that does not alter the size, location, or illumination of a sign;
(vi)
Holiday Decorations. Holiday decorations that do not contain any commercial message shall be permitted. Such noncommercial signs shall be removed within seven days following the holiday or event;
(vii)
Signs Erected by Historical Agencies. Signs erected by recognized historical agencies that show names of buildings, dates of construction provided the sign is less than two square feet in area.
(b)
Exempt Signage with Limitations. The following signs are exempt from requirement for a sign permit and City review; provided, that they meet the size, height, duration, and/or maximum number limitations listed:
(i)
Construction Signs. Construction signs not to exceed one sign per street frontage and a maximum of 20 square feet in area or a maximum of 32 square feet if combined with a future tenant sign. Construction signs may not be illuminated. Such signs shall be removed upon completion of the City's final building inspection (see subsection (8) of this section, Temporary and Special Event Signs);
(ii)
Directional Signs. Directional signs, on site, solely for guiding traffic, parking, and loading on private property, with no advertising. Copy shall be limited to the facility name and address, instructions, and directional arrows. Sign area shall not exceed 24 square feet in residential districts and 36 square feet in nonresidential districts. The maximum height for freestanding signs shall be six feet unless the director allows additional height after determining that the visibility of a lower sign would be impaired. The area and number of directional signs do not count towards the total allowed as described in subsection (7) of this section, Table 17.30.320-7-1;
(iii)
Flags. Flags of a nation, the State of California, other states of the nation, and municipalities;
(iv)
Future Tenant Signs. Future tenant signs identifying or announcing the future use of a project while under construction. One sign shall be allowed per street frontage and the sign shall be removed upon occupancy of the site. In an integrated development, one sign per business is allowed. The maximum size of the sign shall be 32 square feet and the maximum height shall be six feet. Future tenant signs may not be illuminated;
(v)
Gas Pricing Signs. Gas pricing signs, as required by State law, which identify the brand, types, octane rating, etc., provided the signs do not exceed three square feet;
(vi)
Garage, Yard, Estate, and Other Home-Based Sales Signs. Sign advertising the one-day sale of items from a garage, yard, estate, or other home-based sale;
(vii)
Incidental Signs. Incidental signs, with a maximum area of two square feet per sign. The area and number do not count towards the total allowed as described in subsection (7) of this section, Table 17.30.320-7-1;
(viii)
Menu/Order Board Signs. Menu/order board signs, as described herein and in subsection (5)(d) of this section. A maximum of two menu/order board signs shall be permitted for each drive-in or drive-through business; provided, that each sign not exceed a maximum of 40 square feet in sign area and that each sign be limited in height to eight feet. The area and number of menu/order board signs do not count towards the total allowed sign area;
(ix)
Nameplates. Nameplates, as described below. Nameplates may only be lit by either an indirect light (i.e., porch light) source, low wattage spotlight without glare to the adjoining property, or internal light source with opaque (nontransparent) background.
(A)
Residential, Individual Unit. Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multifamily unit;
(B)
Residential, Multifamily Site. Building number, building name, units located in the building, and other directional signs not exceeding 15 square feet in area;
(C)
Nonresidential. Signs for commercial, office, and industrial uses not exceeding two square feet, with copy limited to business identification, hours of operation, address, and emergency information;
(x)
Noncommercial Signs. Noncommercial signs that are not located within or over a public right-of-way unless authorized pursuant to subsection (6) of this section, or over the roofline of any building and outside of any visibility triangle as follows:
(A)
Nonilluminated Campaign Signs. Nonilluminated campaign signs are limited to the following:
1.
No more than four square feet and 48 inches in height; and
2.
Signs may be erected not earlier than 60 days prior to the election and shall be removed within 10 days following said election; and
3.
No more than four signs shall be allowed on any one parcel; and
4.
No sign may be placed on private property without the consent of the property owner; and
5.
Signs may be freestanding or attached to existing buildings or fences. However, they are not permitted on street signs, trees, shrubs, bus stops, power poles, utility cabinets or other public appurtenances; and
6.
Signs may not be placed within 15 feet of any fire hydrant, street sign or traffic signal, or interfere with, confuse, obstruct or mislead traffic; and
7.
Signs may not be placed within a public right-of-way, nor within 30 feet of an intersection and no closer than three feet from the curb. Where no curb exists, signs shall be at least five feet from the edge of the pavement; and
8.
Homeowners are allowed to place political signs in the windows of their property; and
9.
Signs may not be illuminated, including motion and/or flashing lights, but may be placed where existing lighting may permit them to be seen at night.
(B)
Political Event/Demonstration Signs. Political event and/or demonstrations signs shall be permitted during the course of and at the site of a political event or demonstration.
(C)
Prohibiting Signs. Signs prohibiting trespassing and advertising, as well as neighborhood watch and alarm signs, shall be permitted on private property;
(xi)
Public Notice. Any public notice or warning required by a Federal, State, or local law or regulation shall be permitted;
(xii)
Window Signs. Window signs with a maximum per window coverage of 60 percent;
(xiii)
Real Estate Signage. Real estate signs for sale or lease of property shall be permitted on private property and out of any required visibility triangle, with the following limitations:
(A)
For residential property, one on-site sign with a maximum sign area of six square feet. Additionally, a maximum of three attached rider signs are permitted on each real estate sign identifying the agent, special feature and/or sales status. On weekends and holidays, open house signs as needed to direct traffic from major collector and arterial streets to the subject property. One sign may be placed for each change in direction to a maximum of five signs with a maximum sign area of six square feet.
(B)
For commercial property, one on-site sign per street frontage with a maximum sign area of 32 square feet for parcels with less than one acre and 48 square feet for parcels larger than one acre with an eight-foot height limit.
(4)
Prohibited Signs. The signage listed in this section is inconsistent with the purposes and standards of these regulations as described below and as such is prohibited in all zoning districts.
(a)
Abandoned signs;
(b)
Roof signs erected and constructed on and/or over the roofline of a building and supported by the roof structure;
(c)
Signs that are unauthorized, temporary or permanent, and are affixed to trees and utility poles;
(d)
Signs emitting audible sounds, odors, or visible matter. Only menu/order board signs may emit sounds, but only as part of their primary function;
(e)
Signs erected in such a manner that a portion of their surface or supports will interfere with the use of fire escapes, standpipes, or emergency exits from a structure or site;
(f)
Signs erected without the consent/permission of the owner (or his/her agent) of the property on which the sign is located;
(g)
Signs on public property or within the public right-of-way, except government/civic signs erected by a governmental agency or a public utility or signs granted an encroachment permit by the Public Works Department;
(h)
Signs which imitate or resemble official traffic warning devices or signs, that by color, location, content, or lighting may confuse or disorient vehicular or pedestrian traffic.
(5)
Standards for Special Category Signs. This subsection describes the standards applied to certain types of signage as defined in subsection (3) of this section and is consistent with the standards established for signage as listed in subsection (7) of this section and Table 17.30.320-7-1.
(a)
Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied, as follows:
(i)
Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way.
(iii)
Lighting. Awnings shall not be internally illuminated. Lighting directed downwards that does not illuminate the entire awning is allowed.
(iv)
Required Maintenance. Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.
(b)
Blade/Bracket Signs.
(i)
Location. Blade or bracket signs shall be placed only on ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.
(ii)
Maximum Area, Height, and Projection. The maximum sign area shall be 10 square feet. The lowest point of a blade or bracket sign shall be a minimum of eight feet above grade. The sign may project a maximum of five feet from the building.
(iii)
Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
(c)
Governmental/Civic Sign as a Gateway Sign. A governmental/civic sign as a gateway sign(s) other than those described in subsection (7) of this section and Table 17.30.320-7-2 for subdivisions and those exempt as in this section may be established subject to the following standards:
(d)
Menu/Order Board Sign.
(i)
Location. Menu/order board signs shall not face onto the public right-of-way.
(ii)
Illumination. Menu/order board signs shall only be illuminated by internal light source with opaque (nontransparent) background.
(iii)
Maximum Size, Height, and Number. The size, height, and number of menu/order board signs shall be limited as described in subsection (3)(b)(viii) of this section.
(e)
Monument Signs.
(i)
Location. The sign may be located only along a site frontage adjoining a public street and not within the visibility triangle. It shall be set back a minimum of 10 feet from the right-of-way. See also subsection (6) of this section.
(ii)
Maximum Area and Height. The sign shall comply with the height and area requirements established in subsection (7) of this section and Table 17.30.320-7-3.
(iii)
Design. The mass/scale of a monument sign shall be consistent with the overall design of the building. The design and placement of the sign shall not interfere with the visibility triangle.
(iv)
Landscape Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 20 square feet of sign area requires 40 square feet of landscaped area. The City may reduce or waive this requirement if the sign is placed within an existing landscape corridor or median.
(f)
Readerboard Signs. Readerboard signs may only be allowed:
(i)
In the community commercial (CC) zone upon approval of zoning clearance. Readerboard signs may be allowed in the town center (TC) and neighborhood center (NC) zones with a conditional use permit. The total area for these signs shall be included in maximum allowed sign area as listed in subsection (7) of this section and Table 17.30.320-7-1.
(ii)
To advertise products, services, and prices in conjunction with an on-site retail business and limited to a maximum of 40 square feet.
(g)
Time and/or Temperature Signs. A time and/or temperature sign may be permitted on a site in addition to the other signs allowed by this section provided it meets the following standards:
(i)
Maximum Area and Height. The sign shall have a maximum area of 10 square feet and shall comply with the height requirements established by subsection (7) of this section and Table 17.30.320-7-2.
(ii)
Design. The sign shall be designed in a manner that is compatible with other signs and with the structure on which it is placed.
(h)
Building Signs. Where allowed in subsection (7) of this section and Table 17.30.320-7-1, a building sign shall comply with the following additional requirements:
(i)
Location. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.
(i)
Banner or Feather Signs. Banner and/or feather signs may be allowed in the town center, neighborhood center, community commercial and industrial commercial zones upon approval of zoning clearance, provided it meets the following standards:
(i)
Location. The banner and/or feather sign shall not be placed to obstruct pedestrian traffic or doorways.
(ii)
Maximum Area and Height. The banner and/or feather sign shall not exceed 16 square feet in area and 15 feet in height. The total area for these signs shall be included in maximum allowed sign area as listed in subsection (7) of this section and Table 17.30.320-7-2.
(iii)
Number. No more than two banner and/or feather signs shall be allowed per business.
(j)
Freeway Oriented Billboards. Notwithstanding the prohibition against off-site commercial signs, freeway oriented billboards may be permitted subject to first obtaining a conditional use permit from the Planning Commission. For the purposes of this section, a "freeway oriented billboard" is hereby defined as an outdoor freestanding sign board which is located within 100 feet of State Highway 101 and which advertises a business, service or product which is not produced or sold at the site of the sign. A conditional use permit for a freeway oriented billboard may be issued only if the proposed billboard complies with all of the following conditions:
(i)
Location. A freeway oriented billboard shall be located only on property zoned industrial commercial and located at the Humboldt Rio Dell Business Park. No freeway oriented billboard shall be located closer than one-half mile to another freeway oriented billboard. No freeway oriented billboard shall be located on or within any public right-of-way.
(ii)
Maximum Number of Freeway Oriented Billboards. No more than a total of three freeway oriented billboards may be constructed or approved by the City at any time; provided, that each sign must meet all the conditions of this section. Once there are three freeway oriented billboard use permits issued in the City, no other use permit application for a freeway oriented billboard can be processed by the City.
(iii)
Height. No freeway oriented billboard shall exceed a height of 35 feet as measured from the existing grade of the property on which the freeway oriented billboard will be located.
(iv)
Size of Signage. No freeway oriented billboard shall exceed 480 square feet of advertising surface area. No freeway oriented billboard may contain more than two advertising surface areas. No advertising surface area may contain more than two advertisements.
(v)
Lighting. A freeway oriented billboard may be illuminated in accordance with this title; however, no blinking, flashing, rotating, animated lighting or movement of any kind shall be permitted.
(vi)
Approval by State of California. Freeway oriented billboards receiving a conditional use permit from the City shall not be constructed without proof of a permit issued by the State of California Department of Transportation, pursuant to the California Outdoor Advertising Act. The City's restrictions regarding freeway oriented billboards shall apply if the City's limitations are more restrictive than the State requirements.
(vii)
Structural Design. No freeway oriented billboard shall be approved without Planning Commission review and approval of the structural design. In particular, the Planning Commission shall ensure that the location, color, materials and details of the structural design of the freeway oriented billboard are attractive and compatible with surrounding land uses and the City's rural, hometown image.
(viii)
Maintenance. Freeway oriented billboards and their supporting members must be maintained in good condition at all times. Upon order by the City, dilapidated freeway oriented billboards must be repaired or removed within 30 days.
(6)
General Development, Maintenance, and Removal. This subsection describes the standards applied to the development, maintenance, and removal of signs within the City.
(a)
Measurement of Sign Area.
(i)
Computation. Sign area shall be computed by means of a single continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of writing, representation, emblem, or any fixture of similar character, together with any frame or material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; however, if the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated as 75 percent of the area of any rectilinear geometric figure that encloses the extreme limits of the characters or symbols.
(ii)
Supporting Framework. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
(iii)
More than One Sign Face. Signs composed of more than one sign face shall be computed as including only the maximum single display surface that is visible from any ground position at one time.
(iv)
Three-Dimensional Objects. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.
(v)
Time and Temperature Devices. For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.
(b)
Measurement of Sign Height. Sign height shall be measured from the uppermost part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.
(c)
Maintenance of Signs. All signs shall comply with the following criteria:
(i)
All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign;
(ii)
All permanent signs shall be constructed of quality, low maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements;
(iii)
All signs shall be constructed in compliance with any applicable building, electrical, or other code in effect at the time of construction or maintenance, with particular respect to wind and seismic loads and overturning moment;
(iv)
All freestanding signs that incorporate lighting shall have underground utility service;
(v)
Signs shall be cleaned, updated, and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, water damage, missing or inoperative lights, exposed mechanical or electrical components, and missing or broken fasteners. Failure to respond to a written request from the City to perform maintenance work shall result in revocation of the sign's zoning clearance;
(vi)
All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed;
(vii)
All illuminated signs shall be of such intensity or arranged in such a manner so as not to create glare for abutting properties or vehicular traffic.
(d)
Illumination Standards. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
(i)
External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;
(ii)
The light from an illuminated sign shall not be of an intensity or brightness that will create a negative impact on residential properties in direct line of sight to the sign;
(iii)
Signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;
(iv)
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices;
(v)
Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property; and
(vi)
Light sources shall utilize energy efficient fixtures to the greatest extent possible.
(e)
Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
(f)
Setback of Freestanding Signs (Permanent and Temporary). The minimum setback distance for signs shall be measured from back of the public right-of-way. No sign shall encroach into a public right-of-way. All freestanding signs shall be set back a minimum of 10 feet from the public right-of-way with the following exception:
(i)
Where the public right-of-way has not been improved to its ultimate width, signs shall be set back from the ultimate right-of-way as defined by the Public Works Department. Until such time as the right-of-way is improved to its ultimate width, the applicant may be granted an encroachment permit to allow the sign to be placed within the ultimate right-of-way; provided, that when the right-of-way is improved the owner of the sign shall be required to remove or otherwise relocate the sign (at their own cost) and shall be subject to the current standards as provided in this title.
(g)
Location of Building Signs. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal circulation path of the site. In no instance shall signs face directly onto residential property.
(7)
Permitted Signs by Zoning Districts. Signs permitted within the City are regulated by the zoning district, and the standards for their development are described in Table 17.30.320-7-1. Zoning clearance (administrative plan check) is required to determine compliance with applicable provisions of this section. Only those signs that may be permitted are listed. The goal of these standards is to regulate permanent signs that have a commercial message so that they comply with the purpose of this chapter, as established in subsection (1) of this section. Noncommercial signs and signs that are exempt from these standards are described in subsection (3) of this section. Temporary signs are listed in subsection (8) of this section. The following general rules/standards apply to permanent signs regulated in this section:
(a)
Building signs are those signs that are permanently attached to a building (i.e., wall signs, blade/bracket signs, etc.).
(b)
Freestanding signs are those that have their own unique foundation or are otherwise not attached to a building (i.e., monument sign).
(c)
The total allowed sign area may be distributed among the maximum number of signs permitted for each sign type.
(d)
Illumination standards refer to whether or not the sign may be illuminated and how. Signs that may be illuminated may be done so by "indirect or background" (indirect light source, low wattage spotlight without glare to the adjoining property, or internal light source with opaque, nontransparent background) or by any method that produces "no glare onto (neighboring) residential property."
(e)
Allowable sign area is either a set square footage per business or is based on a ratio of sign area to primary building frontage. It is calculated as described in subsection (6) of this section. Where a ratio is described, it applies up to the listed maximum sign area.
(f)
Public frontage is that area of the building that faces onto a public right-of-way, an internal circulation aisle, or a parking lot. In no case shall signs face directly onto residential property. (See subsection (6) of this section.)
Sign Type | Maximum Number Permitted | Maximum Area4 (Sq. Ft.) | Maximum Height4 (Ft.) | Minimum Setback from ROW (Ft.) | Illumination Standards |
|---|---|---|---|---|---|
Residential Zones: | |||||
Building signs1 | 1 per home occupation or address of convenience | 2 | 4 | - | No illumination |
Single-family subdivisions: | |||||
Freestanding signs: Entry monument | 1 per project entrance | 24 each | 6 | 10 | Indirect or background |
Multifamily dwellings and complexes: | |||||
Building signs3 | 1 per complex | 6 | 6 | - | No illumination |
Freestanding signs3 | 1 per vehicle entrance | 16 each | 6 | 10 | Indirect or background |
Permitted nonresidential uses in a residential zoning category: | |||||
Building signs3 | 1 per business | 50 | Roofline | - | No glare onto residential property |
Freestanding signs | 1 per business | 100 | 10 | 10 | No glare onto residential property |
Town center and neighborhood center zones: | |||||
Building signs1 | 1 per business | 100 | Roofline | - | No glare onto residential property |
Freestanding signs: Individual businesses | 1 | 50 | 10 | 10 | Indirect or background |
Freestanding signs: Integrated development | 1 | 150 | 15 | 10 | Indirect or background |
Community commercial and industrial commercial zones: | |||||
Building signs | 1 per business | 125 | Roofline | - | No glare onto residential property |
Freestanding signs | 1 per business | 150 | 35 | 10 | No glare onto residential property |
Freestanding signs, integrated development4 | 1 per project entrance | 3003 | 35 | 10 | No glare onto residential property |
Public/quasi-public uses: | |||||
Building signs | 1 per use | 12 | Roofline | - | Indirect or background |
Freestanding signs | 1 per use | 32 | 8 | 10 | Indirect or background |
Notes: |
|---|
1. Excludes nameplates as described in subsection (3) of this section. |
2. Refer to design review guidelines. |
3. Square feet by side. |
4. On-site signs for commercial and industrial zones may exceed the number, height and size limits after showing that the operation on site requires the added visibility and that site topography or other constraints would preclude adequate visibility of the sign and upon issuance of a conditional use permit. |
(8)
Temporary and Special Event Signs. This subsection describes standards for temporary signs, special event signs, and signs for subdivisions.
(a)
Temporary Signs. Temporary commercial signs such as banner signs and portable signs for grand openings, special product, sale, or event advertising are permitted within the City with the development standards described below. While the City does not issue temporary sign permits, provisions herein will be enforced pursuant to Chapter 17.40 RDMC.
(i)
Time Duration. Each business shall be allowed a maximum of two weeks' temporary promotional signs a quarter/season (four times a calendar year), not to exceed a total of eight weeks per calendar year. Temporary advertising periods may be combined, but may never be longer than four consecutive weeks (30 consecutive days) at any one time.
(ii)
Illumination. No temporary signs may be illuminated.
(iii)
Development Standards. Table 17.30.320-7-2 describes the development standards with regard to maximum number, area, height, and setback from the public right-of-way. In no case may a temporary sign be placed within a required visibility triangle.
Use Type | Maximum Temporary Number Permitted | Maximum Area (Square Feet) | Maximum Height (Feet) | Minimum Setback From ROW (Feet) |
|---|---|---|---|---|
Auto dealerships | 3 per business | 10 each | 10 | 10 |
Commercial uses, building signs | 1 per business | 10 each | Roofline | - |
Commercial uses, freestanding signs (i.e. sandwich board signs) | 1 per business | 6 | 4 | 10 |
Multifamily dwellings and complexes | 3 per complex | Less than 10 units: 10; more than 10 units: 30 | Roofline if on building; otherwise 10 | 5 |
Office and industrial uses | 3 per business | 6 each | 10 | 10 |
Permitted nonresidential uses in a residential zoning category | 3 per business | 6 each | 10 | 10 |
Public/quasi-public uses | 2 per use | 5 total | 5 | 10 |
Residential dwellings/uses, building sign | 2 per home occupation or address of convenience | 10 total | 8 | 5 |
(b)
Special Event Signs. Signs not otherwise permitted in this chapter (e.g., beacons, pennants, freestanding banners, inflatable signs) may be permitted for community-wide events or other similar events on a temporary basis with the approval of a zoning clearance.
(i)
Location. Special event sign(s) shall be located on the site of the event and shall not be located above the roofline of any structure. All signs shall be located so as not to obstruct required parking, driveways, or pedestrian walkways, and shall not be located within any visibility triangle.
(ii)
Time. No entity or integrated development may be issued more than two special event sign permits per calendar year for a maximum of 14 consecutive calendar days each.
(c)
Subdivision Signs. Temporary and limited-term subdivision signs for both on-site identification and off-site directional signs shall be permitted in accordance with the following standards. Single-family subdivision sign provisions shall apply to integrated developments only and not to any single residential lot.
(i)
On-Site Signs. On-site directional signs shall be permitted in accordance with the provisions listed in Table 17.30.320-7-3.
(ii)
Off-Site Signs. Off-site directional signs shall be collocated together with other similar subdivision signs on off-site kiosks. Such signs shall be subject to the development standards as described in Table 17.30.320-7-3 and as follows:
(iii)
Standards Applicable to All Subdivision Signs.
(A)
Sign Removal. Signs are to be permanently removed when the last home in the subdivision is sold or the sign permit expires, whichever occurs first.
Sign Type | Maximum Temporary Number Permitted | Maximum Area | Maximum Height | Minimum Setback from ROW | Illumination Standards | Other Standards |
|---|---|---|---|---|---|---|
Freestanding signs: On site | 1 per project entrance, max. 6 | 32 sq. ft. each | 10 ft. | 10 ft. | No illumination |
(9)
Nonconforming Signs. Signs that were established prior to the adoption, or subsequent amendments, of this chapter, but are inconsistent with the adopted content are considered legal nonconforming uses. As such, they may continue to exist; provided, that they are not altered, modified, or changed in any way that would require, under this code, zoning clearance by the City or would constitute an otherwise prohibited sign as identified under subsection (4) of this section, outside of their being legal nonconforming uses (see RDMC § 17.30.220). When such modification, alteration or change occurs (as defined in RDMC § 17.30.220), the sign shall be brought into compliance with this chapter, requiring zoning clearance, and the clearance shall be reviewed under the specifications of subsection (2) of this section.
(Formerly 17.30.310; Ord. 279 § 4, 2011; Ord. 289 § 1, 2012; Ord. 325 § 1, 2014; Ord. 363 § 2, 2018; Ord. 379 § 4, 2020; Ord. 382 § 1, 2020; Ord. 384 § 1, 2021; Ord. 386 § 3, 2021)
(1)
Requirement. No building or structure shall be erected or relocated, or expanded or altered in an amount exceeding 50 percent of the value of the existing structures or improvements on said premises, and no building permit shall be issued therefor, on any lot unless such dedication and improvements have been assured to the satisfaction of the Director of Public Works, subject to the following limitations:
(a)
In any zone other than TC, the maximum area of land required to be dedicated shall not exceed 25 percent of any lot area, and in no event shall such dedication reduce the lot below the required minimum lot sizes, widths and areas specified in this chapter unless lesser area, width or depth is approved by the City Council. In no case, however, shall such dedication be required if:
(b)
No such dedication may be required with respect to the portion of a lot occupied by a main building, although an irrevocable offer of dedication, not to be exercised by the City while the main building exists on the land to be dedicated, may be required of the owner.
(c)
No additional improvement shall be required on any lot where all of the following exist within the present dedication contiguous thereto and on the block: complete roadway, curb, gutter, and sidewalk improvements.
(2)
Requirement – Private Streets. The provisions of subsection (1)(a)(ii) of this section shall apply to lots or parcels abutting a private street or road right-of-way established by recorded document or easement, with the exception that the Public Works Director may, in lieu of requiring a dedication as hereinafter provided, require an irrevocable offer of dedication which shall be recorded and shall not become a part of the City street system until therefor accepted into the City's street system by resolution of the City Council. The Public Works Director, as the case may be, may waive the dedication requirement of this section where it is found and determined that there is little likelihood that the remaining right-of-way adjacent to other lots or parcels in the area will be acquired for the public use and that the acquisition of said right-of-way in connection with the proposed improvements to any given parcel would be of no public benefit.
(3)
Dedication Standards. Said street right-of-way shall be dedicated to and in accordance with the width, standards and right-of-way lines of the general plan.
(4)
Dedication in UR and SR Zone. Dwellings or accessory buildings in the UR and SR zone shall be subject to the provisions of this subsection, where in addition the following conditions exist:
(a)
The maximum area of land required to be dedicated shall not exceed 20 feet of lot depth and 25 percent of lot area and in no event shall said lot be reduced to less than 80 percent of the minimum required lot size of this chapter; and
(b)
The right-of-way line to which dedication is required is consistent with the minimum right-of-way widths required by the City Council in the circulation element of the general plan in effect on the date of application for said building permit; or
(c)
The right-of-way line to which dedication is required is not shown on any general or specific plan element, but has been established on adjoining properties on the same side of the block by the construction of street improvements, including curbs, gutters, and sidewalks, in which event dedication shall be to the greater established right-of-way line created by the reason of such street improvements, or any lesser width thereof as established by the Public Works Director or the Planning Commission if ratified by the City Council, in applying the principles of this section, and subject to subsection (4)(a) of this section.
(5)
Improvements. Before a building or structure subject to the provisions of this section may be occupied or utilized, curbs, gutters, sidewalks, streets, and private drainage structures shall be constructed at the grade and location specified by the Director of Public Works, unless there already exists within the present right-of-way, on the property the owner has agreed to dedicate, curbs, gutters, sidewalks or drainage structures and streets which shall be in accordance with City standards and RDMC Title 16, if applicable.
(6)
Waiver. The Public Works Director may approve, upon determination of hardship, other than financial hardship, by reason of unusual circumstances applicable to the owner of any parcel of property subject to the provisions of this section, a waiver of any and all provisions of this section.
(7)
Appeal. Any person required to dedicate land or make improvements under the provisions of this section may appeal any determination or decision made hereunder to the City Council. Such appeal shall be in writing and shall be accompanied by any appeal fee established or set by the City Council. The appeal shall state in clear and concise language the grounds thereof. In addition, any member of the City Council may appeal any decision or determination made under this section to the City Council for hearing thereof.
The City Council may make such modifications in the requirements of this section or may grant such waivers or modification of the determinations required or made hereunder as it shall determine is required to prevent an unreasonable hardship under the facts of any case and as long as each such modification or waiver is in conformity with the general spirit and intent of this section.
(8)
Improvement and Dedication in Connection with the Granting of a Zone Change, Variance or Conditional Use Permit. In addition to the provisions of this section, the Commission or Council granting any change of zone, conditional use permit or variance may, as a condition of the same, require the dedication and improvement of street rights-of-way beyond that designated on any general or specific plan element of the City, where the granting of such zone change, variance or conditional use permit would otherwise be detrimental to the public peace, health and safety by reason of increased parking, traffic congestion, or other reason occasioned by the improvement of such property under such a proposed zone change, variance, or conditional use permit.
(9)
Agreement to Dedicate and Improve. In lieu of dedication, where required by this section, an owner may, subject to the discretion of the officer, board or agency authorized to accept said dedication, enter into an agreement with the City to dedicate, signed by all persons having any right, title, interest or lien in the property, or any property, or any portion thereof to be dedicated. The signatures on such agreement shall be acknowledged and the agreement shall be prepared for recordation.
In lieu of any required improvement under this section, the officer, board or agency authorized or required to accept the same may in its discretion enter into an agreement with the owner, secured by cash or surety bond to the approval of the City Attorney, guaranteeing the installation of said improvements.
(a)
Failure to Dedicate or Improve. In any case where dedication or improvement is required pursuant to any provision of this section and such dedication or improvement is not made or installed within the time specified in the issuance of any permit, motion, resolution, order or ordinance by any officer, the Commission or Council, any authority to construct any building, or to receive or have a conditional use permit, variance or zone change granted or approved on the condition of such dedication or improvement shall terminate automatically unless the time to dedicate or improve is extended by the City Council, or the improvement or dedication, as the case may be, is accomplished as follows:
(i)
In any case where dedication or improvement as required by this section is not made or installed within the time specified in any agreement made and entered into pursuant hereto, the Director of Public Works may forget any bond or security given therefor and cause said work to be performed, remitting to the owner any balance remaining after deducting the cost of said work, plus all engineering and overhead expenses. Should the cost exceed the amount of security supplied by the owner, the owner shall pay the difference upon demand, or through a tax lien upon the property.
(ii)
In lieu of completing said dedication or improvement, the Director of Public Works may recommend to the City Council that the City improve and cancel and revoke all permits issued pursuant to this section.
In the event of termination, as hereinbefore provided, all rights, privileges, permits, variances, or zone changes granted pursuant to this permit are automatically rescinded and of no legal force or effect.
(10)
Maintenance and Repair of Sidewalks. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this chapter and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this chapter, the provisions of this chapter shall control.
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Rio Dell's cost of inspection and administration whenever the City awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair, the first paragraph of this subsection, or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. |
For the purposes of this section, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area. Notwithstanding the provisions of Streets and Highways Code Section 5614, the Director of Streets and Parks may, in his or her discretion and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given. |
The property owner required by this section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by this section, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. |
(Formerly 17.30.320; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 384 § 1, 2021; Ord. 386 § 3, 2021)
Any pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted with a use permit in any zone and shall be subject to the following regulations:
(1)
Such pool shall be located on the rear one-half of the lot and in any case not less than 50 feet from the front lot line. Side and rear yards shall be as required for accessory buildings, but in no case within five feet of any lot line. Filter and heating systems shall not be located within 10 feet of any lot line.
Ground coverage by a swimming pool shall not exceed 40 percent of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.
(2)
Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than four feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least four feet above ground level, in order that full control of access by children may be maintained. The minimum yard requirements set out in Chapter 17.20 RDMC shall be subject to the regulations of this section.
(Formerly 17.30.330; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
Temporary tract offices located on the premises of the subdivision shall be allowed, with a use permit, in conjunction with the sale of lots in a subdivision.
(Formerly 17.30.340; Ord. 279 § 4, 2011; Ord. 325 § 1, 2014; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)
(1)
Purpose and Intent. The purpose and intent of the vacation dwelling unit regulations are:
(a)
To provide the opportunity for vacation rentals for transient use within urban residential (UR), suburban residential (SR), suburban (S) and rural (R) zones.
(b)
To regulate the location and number of vacation dwelling units within Rio Dell.
(c)
To mitigate impacts on parking by requiring the use of existing off-street parking facilities.
(d)
To protect the visual appearance and character of residential zones.
(e)
To minimize disruptions to surrounding neighborhoods.
(f)
To ensure that all vacation dwelling units are operating with valid business licenses and paying all applicable taxes and fees.
(2)
Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) "Good guest guide"
means a document provided to occupants by the property owner that summarizes general rules of conduct, consideration, respect, and potential remedial actions. In particular, provisions for parking, occupancy limits, emergency response, and minimizing noise and quiet hours shall be included.
(b) "Occupant"
means a person in possession of, or with the right to use, any public or private dwelling or lodging for sleeping purposes. As used in this chapter, an occupant is a person sleeping overnight at a vacation rental unit.
(c) "Property"
means a parcel of land in its entirety, including all structures within the parcel boundaries.
(d) "Transient use"
means any contractual use of a dwelling or portion thereof for residential or sleeping purposes by an occupant, for any period of time which is less than 30 consecutive days.
(e) "Vacation dwelling unit"
means an entire dwelling which is contracted for transient use. The dwelling shall provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A vacation dwelling unit is differentiated from a lodging house or bed and breakfast inn in that a vacation dwelling unit is rented in its entirety, whereas lodging houses and bed and breakfast inns rent individual rooms. Bed and breakfast inns go further by having a full-time resident inhabiting the dwelling unit, and may provide one or more meals to occupants.
(3)
Permits, Application Requirements, Fees, Inspection and Notice Requirements.
(a)
Permits.
(i)
An approved vacation dwelling unit permit shall be obtained prior to operation. Vacation dwelling unit permits shall be ministerial, without discretionary review or a hearing.
(ii)
Individual properties with multiple vacation dwelling units need only acquire a single vacation dwelling unit permit; however, property owners adding a new vacation dwelling unit to an existing permit shall be required to reapply for a vacation dwelling unit permit.
(iii)
Vacation dwelling unit permits shall be subject to annual review and no-fee renewal by the Department of Community Development.
(iv)
A vacation dwelling unit permit shall lapse and become void by July 31st of each year unless the business license for the vacation dwelling unit is renewed and in good standing, all applicable taxes and fees are paid, and there are no outstanding Police, Fire, or Building Department violations.
(v)
If a vacation dwelling unit permit lapses, a new vacation dwelling unit permit shall be required.
(vi)
Unless a lapse occurs pursuant to subsection (3)(a)(iv) of this section, approval of a vacation dwelling unit permit shall run with the land and shall be fully transferable to a new property owner provided the new property owner obtains a business license within two months of the purchase of the property.
(b)
Application Requirements.
(i)
Applications for vacation dwelling unit permits shall be filed with the Community Development Director on forms provided by the Department.
(ii)
Each vacation dwelling unit applicant shall designate a local emergency contact person on the application form, including a 24-hour emergency contact phone number. That person may be the property owner, property manager, or designee, and that person shall live within 30 miles of the City limits so that he or she can respond personally to an emergency. The Development Services Department shall forward the emergency contact phone number to the Police Department and Rio Dell Fire Protection District, and shall notify the property owners within 100 feet of the property. The property owner shall immediately notify the Community Development Department in writing of any changes to the designated emergency contact person or number.
(c)
Fees. Vacation dwelling unit permit applications shall be accompanied by fees established by resolution of the City Council to cover the cost of processing the application, noticing, and inspections as prescribed in this section. Existing vacation dwelling units in operation prior to the effective date of this section shall not be subject to the vacation dwelling unit permit fee, provided the unit has a history of operating with a valid business license and has paid all applicable taxes.
(d)
Inspections.
(i)
All vacation dwelling units shall be inspected by the Building Department and the Rio Dell Fire Protection District for the required smoke alarms, carbon monoxide alarms, fire extinguishers (Type 2A10BC every 75 feet of travel distance, mounted in a conspicuous location, along the path of egress from the highest hazard area (i.e., kitchen or laundry rooms)) and emergency egress prior to the approval of the required business license.
(ii)
Additional inspections may be required at the discretion of the Chief Building Official. The cost of any required inspection shall be borne by the vacation dwelling unit owner.
(e)
Notice.
(i)
Within five days of the approval or conditional approval of a vacation dwelling unit permit by the Director, written notice shall be mailed to the applicant and to all property owners within 100 feet of the vacation dwelling unit property.
(ii)
The notice shall include the 24-hour emergency contact number for the vacation dwelling unit, and the procedure to appeal.
(4)
Appeals.
(a)
Except as provided in subsection (4)(b) of this section, within 10 days following the decision of the Director on a vacation dwelling unit permit application, the decision may be appealed to the Planning Commission by the applicant or any property owner located within 100 feet of the vacation dwelling unit property. An appeal shall be filed with the City Clerk and state specifically wherein it is claimed there was an error or abuse of discretion by the Director. Notice of the date, time and place of an appeal to the Planning Commission shall be provided to all property owners located within 100 feet of the vacation dwelling unit property at least 10 days prior to the appeal meeting.
(b)
The decision of the Director to deny the annual permit renewal may be appealed to the Planning Commission solely by the applicant. The appeal must be filed within 10 days of the date of denial.
(5)
Business License Required. Following the approval of a vacation dwelling unit permit, the property owner or vacation dwelling unit manager shall obtain a business license before commencing operations. Property owner or managers with multiple vacation dwelling units or properties need only acquire a single business license.
(6)
Existing Vacation Dwelling Units – Permit Required. Existing vacation dwelling units shall apply for a permit within six months of the effective date of this section, and diligently pursue until approved to avoid abatement action.
(7)
Development Standards. All vacation dwelling units shall comply with the following development standards:
(a)
Vacation dwelling units are principally permitted in the urban residential (UR), suburban residential (SR), suburban (S) and rural (R) zones.
(b)
A vacation dwelling unit may either be a principal dwelling or a legally established secondary dwelling unit.
(c)
A newly constructed vacation dwelling unit shall comply with the development standards and building requirements for residential dwellings, and may be operated as a vacation dwelling unit only after the Building Department has issued a certificate of occupancy for the dwelling unit.
(d)
All vacation dwelling units shall have smoke alarms, carbon monoxide alarms and a fire extinguisher. Carbon monoxide alarms are not required in dwellings which do not contain fuel-burning appliances and that do not have an attached garage.
(e)
Existing off-street parking spaces shall be reserved for occupants of the vacation dwelling unit. Occupants shall be encouraged to park in existing, legal off-street parking spaces, in order to minimize impacts to on-street parking.
(f)
The existence of the vacation dwelling unit shall not be apparent. The vacation dwelling unit shall not change the residential or commercial character of the property or neighborhood by the use of colors, materials, or lighting.
(8)
Operation.
(a)
Vacation dwelling units shall not be permitted for any use other than transient occupancy or residential use.
(b)
All vacation dwelling units shall be provided weekly garbage collection services. Trash and refuse shall not accumulate or be stored within public view, except in proper containers for the purposes of collection. There shall be no storage of trash and/or debris on the site or within the unit.
(c)
Emergency preparedness information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the City, shall be posted within the vacation rental in an easily visible location, such as the entry or kitchen area.
(d)
The good guest guide (house rules) and the 24-hour emergency contact phone number shall be prominently placed for the occupants' use inside the vacation dwelling unit.
(e)
In the event of an emergency, concerned persons are encouraged to promptly call the emergency contact number and, if appropriate, report the emergency through the 911 emergency calling system or the Police Department. It is unlawful to make a false report or complaint regarding activities associated with a vacation dwelling unit.
(f)
The property owner and emergency contact shall act in good faith to resolve complaints regarding the vacation dwelling unit, and engage in dispute resolution with neighbors. The Community Development Department and/or Police Department shall investigate any vacation dwelling unit with recurrent emergency calls or complaints.
(g)
If the vacation dwelling unit owner or emergency contact is deemed to be negligent in responding to an emergency situation more than two times in a 12-month period, or if more than two documented law enforcement violations occur in any 12-month period, the vacation dwelling unit permit may be revoked. The Director of Community Development may also revoke a permit if the vacation dwelling unit is deemed chronically non-compliant with the provisions of this chapter, or is negligent or remiss in correcting noted building or fire code violations or issues. Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, or Building Department.
(h)
Properties with gated entries shall have a Fire Department approved device such as a Knox box with keys for the lock, Knox lock, or Knox key actuated switch on electric gates installed which permits emergency response vehicles and personnel to enter the property.
(i)
Each individual holding a valid business license for a vacation dwelling unit existing at the time the vacation dwelling unit ordinance is adopted shall be subject to the requirements of this section upon its effective date. In order to avoid abatement proceedings, the owner of an existing vacation dwelling unit shall apply for a vacation dwelling unit permit and City of Rio Dell business license permit within six months of the effective date of this chapter, and diligently pursue the application until approved.
(j)
Violations of this chapter are punishable as either infractions or misdemeanors, pursuant to the provisions of Rio Dell Municipal Code. Each separate day in which a violation exists shall be considered a separate violation.
(9)
Applicable Taxes. The rental or other contractual use of a vacation dwelling unit shall be subject to a transient occupancy tax ("TOT") and any other mandated taxes. Each vacation dwelling unit owner and/or manager shall comply with Chapter 3.15 RDMC, which addresses the collection, record keeping, reporting and remittances of applicable TOT.
(Formerly 17.30.350; Ord. 371 § 2, 2018; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021; Ord. 409 § 1, 2024)
The minimum yard requirements set out in Chapter 17.20 RDMC shall be subject to the regulations of this section.
(1)
Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into such yards. Uncovered porches or stairways, fire escapes or landings may extend a maximum of six feet into front yards and three feet into side yards.
(2)
Detached accessory buildings may not be located within five feet of any main building, nor within five feet of a side line, nor as to encroach on any easement. Accessory buildings attached to main buildings shall be structurally a part thereof and shall comply with main building yard requirements except as follows:
(a)
A passive solar addition to a main building, as defined herein, may be permitted in the required front, rear or side yard; provided, that no such addition shall reduce the line to less than 10 feet, nor less than five feet from a side property line, and that no such addition shall occupy more than five percent of the area of the front or rear yard, nor more than 10 percent of the side yard area.
(3)
If any building is so located on a lot that the front or rear thereof faces any side lot line, it shall be at least 10 feet from such side lot line.
(4)
Any dwelling located in a TC zone, except a dwelling over a commercial establishment, shall provide side and rear yards as required in UR zones.
(5)
In any residential zone where more than one-half of the block is occupied with buildings, the required front yard setback shall be the average of the improved sites, to a maximum of that required for the zone, but in no case less than 10 feet. Garages must meet the required front yard setback for the zone.
(6)
In any residential zone, the side yard of a corner lot shall be equal to the front yard setback if any part of the main building is within 25 feet of the rear lot line or one-half the front yard setback if all parts of the main building are more than 25 feet from the rear lot line.
(Formerly 17.30.360; Ord. 279 § 4, 2011; Ord. 284 § 1, 2012; Ord. 325 § 1, 2014; Ord. 371 § 1, 2018; Ord. 379 § 4, 2020; Ord. 386 § 3, 2021)