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A. Purpose. The specific purposes of this chapter are to:
1. To permit the siting, construction, operation and maintenance of wireless telecommunications towers and antennas within the City’s boundaries;
2. To protect and promote the public health, safety, general welfare and quality of life within the City by regulating the siting of wireless telecommunications towers and antennas, while preserving the rights of wireless telecommunications providers;
3. To establish guidelines for the governance of wireless telecommunications facilities which recognize the unique land use distribution, topography, and aesthetics of the community;
4. Protect residential areas and land uses from visual blight, safety impacts associated with attractive nuisance, and degradation of residential character;
5. Promote the location of towers in non-residential areas;
6. Minimize the total number of towers throughout the community;
7. Establish the joint use of new and existing tower sites as a primary option rather than construction of single-use towers;
8. Locate towers and antennas in areas where the overall impact on the community is minimal, now and in the future; to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
9. Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;
10. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
11. Create and preserve telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and
12. Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.
B. Applicability. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. This chapter shall apply, to the fullest extent allowed by and consistent with applicable Federal, State, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, except for the following:
1. Amateur Radio Station Operators. Any tower, or the installation of any antenna, that is under the height limitation of the relevant district and is owned and operated by a federally-licensed amateur radio station operator.
2. Receive Only Antennas. A single ground or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this Ordinance, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
3. Residential Districts:
a. Satellite Dish One (1) Meter or Less. A satellite dish that does not exceed one (1) meter in diameter or the height of the ridgeline of the primary structure on the same parcel, and is for the sole use of a resident occupying the parcel.
b. Satellite Dish Greater than One (1) Meter. A satellite dish that is greater than one (1) meter in diameter, is not located within a required front or street side yard, and is screened from view from any public right-of-way and adjoining property.
c. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed twenty-five (25) feet in height, and is for the sole use of a resident occupying the parcel.
4. Commercial and Employment Districts
a. Satellite Dish Two (2) Meters or Less. A satellite dish that does not exceed two (2) meters in diameter so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval.
b. Satellite Dish Greater than Two (2) Meters. A satellite dish that is greater than two (2) meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public right-of-way and adjoining property.
c. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.
d. Free-Standing Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setbacks when the overall height of the antenna and its supporting structure does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.
e. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
5. Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas in full compliance with applicable regulations in effect at the time of construction shall not be required to meet the requirements of this chapter.
6. Public Safety Broadcasting. Any non-commercial satellite dish antenna utilized for public safety broadcasting.
C. General Requirements:
1. Permit Requirements:
a. Camouflage Facilities: Permitted by right in all allowed districts.
b. Co-located Facilities: Permitted by right in allowed districts when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and that contemplated co-location.
c. Non-Camouflage Facilities: Allowed in certain districts subject to Conditional Use Permit approval when located at least three hundred (300) feet from any R District.
2. State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
3. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
4. Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.
D. Minimum Application Requirements: In addition to meeting the standard application submittal requirements for permits specified in Chapter 601, Common Procedures, applications for wireless telecommunications facilities pursuant to this chapter shall include the following:
1. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the City limits or urban area boundary (UAB), including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
2. Copies of all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other Federal or State government with authority to regulate telecommunications facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals.
3. Written certification of compliance with all applicable FCC requirements and standards.
4. Site plan and elevations drawn to scale. Elevations shall include all structures on which facilities are proposed to be located.
5. Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping and sample exterior materials and colors.
6. Written authorization from the landowner in the event the applicant does not own the subject property
7. Any other information the Zoning Administrator deems necessary in order to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, a visual analysis of the proposed project.
E. Location and Siting
1. Wireless telecommunication facilities shall be located in the following order of preference:
a. Integrated into building/structure design (camouflage sites).
b. Co-located with other major wireless telecommunication facilities.
c. On existing structures such as buildings, communication towers, or utility facilities not subject to the City’s franchise agreements.
d. On existing signal, power, light or similar kinds of permanent poles.
e. In Employment Districts.
f. In Commercial Districts.
2. Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Zoning Administrator, or as otherwise required through the approval of a Conditional Use Permit.
3. Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. If located within a public right of way, ground-mounted equipment shall be installed underground unless deemed infeasible by the Building Official. In such case, ground-mounted equipment shall be screened to the satisfaction of the Zoning Administrator.
4. Required Separation. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.
a. Residential Districts. A facility shall not be located within a three hundred (300) foot radius of any R District.
b. Other Telecommunications Facilities. A facility shall not be located within a one thousand (1,000) foot radius of another facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible and mounting on a building or co-location on an existing facility is not feasible.
c. Reduction in Required Separation. A reduction in the required separation between telecommunications facilities may be granted as a part of the Conditional Use Permit approval where technical evidence has been provided to substantiate the following findings:
(1) The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan;
(2) The reduction is not requested exclusively on the basis of economic hardship to the applicant;
(3) The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and
(4) Evidence has been submitted to the satisfaction of the City demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collocation is not feasible.
F. General Development Requirements: The following standards apply to all telecommunications facilities:
1. Maximum Height. No antenna shall exceed one hundred (100) feet in height except for camouflage facilities on or within a structure such as a steeple or flag pole, otherwise allowed to exceed one hundred (100) feet in height. Such antenna shall not exceed the height of the structure.
2. Setbacks. Telecommunications facilities and accessory structures shall comply with the required building setbacks for the zoning district in which the facility is located, however, in no instance shall the facility (including antennae and equipment) be located closer than five (5) feet of any property line.
3. Design Standards. All facilities shall be designed to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. A visual analysis may be required as part of the Conditional Use Permit review. All telecommunications facilities shall:
a. Utilize state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.
b. Facilities that are not camouflage shall close mount all panel antennas.
c. Antennae and support structures, where utilized, shall be monopole type.
d. Monopole support structures shall not exceed four (4) feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.
e. Wireless telecommunications facility support structures and antennae shall be painted a non-glossy color so as to minimize visual impacts from surrounding properties.
f. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from a residential district shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.
g. No telecommunications antenna or ancillary support equipment shall be located within the front setback except for facilities that are completely subterranean.
h. Support structures and site area for wireless telecommunications antennae shall be designed and of adequate size to allow at least one (1) additional wireless service provider to co-locate on the structure.
i. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. All objects affecting navigable airspace shall comply with Federal Aviation Regulation Section 77 and shall be in conformance with the current land use designations for land within one (1) mile of the runway.
j. For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation facilities, a single “kill switch” shall be installed that will de-energize all carriers at the facility in the event of an emergency.
k. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.
4. Signage. A permanent, weather-proof identification sign, approximately sixteen (16) inches by thirty-two (32) inches in size, shall be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign shall identify the facility operator(s), provide the operator’s address, and specify a twenty-four (24) hour telephone number at which the operator can be reached so as to facilitate emergency services.
5. Landscaping. Each applicant for an antenna and/or tower shall provide a landscaping plan that covers as much as the parcel and lease area as necessary to achieve the following:
a. Landscaping shall be provided to screen the facility from surrounding properties or right-of-ways.
b. All landscaping shall be installed with an irrigation system equipped with an automatic timer.
c. Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.
d. Landscaping shall include re-vegetation of any cut or fill slopes.
e. Where possible, existing plants and trees shall be used to the full extent possible for screening of the facility.
6. Noise and Traffic.
a. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.
b. Traffic shall be limited to no more than one (1) round-trip per day on an average annual basis once construction is complete, except for emergency maintenance
G. Required Findings: The City Council may approve or approve with conditions any Conditional Use Permit required under this chapter only after making the following findings:
1. The proposed telecommunication facility will comply with all applicable state and Federal standards and requirements;
2. The proposed telecommunication facility will conform with the specific purposes of this chapter and any special standards applicable to the proposed facility;
3. The applicant has made good faith and reasonable efforts to locate a telecommunication facility on a support structure other than a new monopole or lattice tower or to accomplish co-location.
4. To locate a telecommunication facility where it is readily visible from the habitable area of a dwelling unit within three hundred (300) feet or at any location where it is visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision-making authority shall find that:
a. It is not feasible to provide the service at another location or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and
b. The proposed telecommunication facility provides an important link in applicant’s service area build-out and is necessary to provide personal wireless services to City residents.
c. It is not feasible to incorporate additional measures that would make the telecommunication facility not readily visible, meaning that a person with normal vision can see the facility and distinguish it as an antenna or other component of a telecommunication facility;
5. The City Council may waive or modify requirements of this chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law. (Ord. 1866, 11-19-2019)
A Temporary Use is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a permit in accordance with Chapter 605, Temporary Use Permits. Temporary uses shall be located, developed, and operated in compliance with the standards of this section, and the entire area used for the temporary event, including display, sales, circulation, parking, etc. shall be paved or improved per City standards.
A. Carnivals, Fairs and Festival Events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:
1. Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a civic organization, church, lodge or public or private school.
2. Time Limit. When located adjacent to or within an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
3. Duration. Carnivals, fairs, and festival events are limited to no more than five (5) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.
5. Temporary onsite camping. Use of recreational vehicles may be allowed for not longer than four days longer than the temporary use is scheduled, and only for employees and/or organizers of the event. Such approval shall be explicitly requested in the application for Temporary Use Permit, and is subject to conditions and approval of the Zoning Administrator.
B. Garage Sales. A garage or yard sale may be permitted on any developed lot in an R district, in accordance with Section 18-8.2 of the Municipal Code and the following standards.
1. Garage sales are limited to no more than three (3) consecutive days in any six (6) month period.
2. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.
3. One sign not exceeding two feet by two feet in size may be posted on the property where the sale is being held during the duration of the sale only. No signs regarding such sale shall be posted on any property other than where the sale is held.
C. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No temporary use permit is necessary for a model home.
1. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.
2. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.
3. Return to Residential Use. Prior to the sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose.
4. Term of Use. The model home may be established and operated for a term period of five (5) years or until completion of the sale of the lots or residences, whichever comes first. One (1) year extensions may be approved by the Zoning Administrator until the sale of all lots/residences is completed.
D. Temporary and Seasonal Outdoor Sales. Temporary and Seasonal Outdoor Sales may be permitted in accordance with the following standards:
1. General Sales Events. Temporary outdoor sales, including but not limited to grand opening events, temporary automobile sales, and other special sales events on private property in non-residential districts shall be subject to the following standards:
a. Temporary outdoor sales shall be part of an existing business on the same site.
b. Temporary automobile sales are limited to the CR district and need not be in connection with an existing commercial use.
c. Sales events shall be conducted solely on private property and not encroach within the public right-of-way.
d. Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
e. When located adjacent to an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
f. The entire area used for temporary outdoor sales, including display, sales, circulation, parking, etc. shall be paved per City standards.
g. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
h. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.
2. Seasonal Sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:
a. Time Period. Seasonal sales associated with holidays are permitted up to a month preceding and one (1) week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.
b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.
3. Non-Profit Fund Raising. Fund raising sales by a non-profit organization are limited to seven (7) consecutive days twelve (12) times a year.
E. Long Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven (7) consecutive days but not more than three (3) months, may be permitted with Zoning Administrator approval and in accordance with the following standards:
1. Location. Events are limited to non-residential district.
2. Number of Events. Long term special events and sales are limited to no more than two (2) per year.
3. Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.
4. Signs. Outdoor uses may include the addition of one (1) nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 305, Signs. (Ord. 1866, 11-19-2019)
Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the Health and Safety Code constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. For example, if transitional housing is a multi-family use proposed in the RM-1 district, it is subject only to the same restrictions as other multi-family uses in the RM-1 district. (Ord. 1866, 11-19-2019)
A. Purpose And Intent:
1. The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter, hereby finds that the cultivation, preparation, and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include increases in various types of crime due to outdoor grows, damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and related crimes. Many of these impacts have fallen disproportionately on residential neighborhoods, but nonetheless also negatively impact properties in the Commercial Districts. These impacts have also created an increase in response costs, including Code enforcement, building, land use, fire, and police staff time and expenses.
2. The City Council finds that the restrictions and/or prohibitions on non-commercial cultivation, commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in its Charter and State law.
3. The purpose of this section is to restrict non-commercial cultivation, and to restrict and/or prohibit the establishment of commercial cannabis uses in the City.
B. Interpretation And Applicability:
1. Nothing in this section is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.
2. Nothing in this section is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.
3. Nothing in this section is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
4. Nothing in this section is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.
5. All cultivation activities within City limits shall be subject to the provisions of this section and other applicable provisions of this Code, regardless of whether the cultivation activities existed or occurred prior to adoption of this section.
C. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCESSORY STRUCTURE: | A residential accessory structure shall include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, and workshops. Any accessory structure must be compliant with Section 301.01 of this article and any other applicable provisions of the Municipal Code. |
CANNABIS (AND/OR MARIJUANA): | Any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus of Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code. |
CANNABIS ACCESSORIES: | Is defined in Chapter 15, Article VII of the Municipal Code. |
CANNABIS DISPENSARY: | Is defined in Chapter 15, Article VII of the Municipal Code. |
CANNABIS (OR MARIJUANA) COLLECTIVE OR COOPERATIVE OR COLLECTIVE: | Includes any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code section 11362.5 (Compassionate Use Act) of California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act). |
CANNABIS PRODUCT: | Is defined in chapter 15, article VII of the Municipal Code. |
COMMERCIAL CANNABIS ACTIVITY: | Is defined in chapter 15, article VII of the Municipal Code. |
CONCENTRATED CANNABIS: | Is defined in chapter 15, article VII of the Municipal Code. |
DELIVERY: | Is defined in chapter 15, article VII of the Municipal Code. |
DISTRIBUTION: | Is defined in chapter 15, article VII of the Municipal Code. |
MAUCRSA: | The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time. |
MANUFACTURE: | Is defined in chapter 15, article VII of the Municipal Code. |
MEDICAL CANNABIS DISPENSARY: | Is defined in chapter 15, article VII of the Municipal Code. |
PERSONAL (NON-COMMERCIAL) CULTIVATION: | Any activity involving the growing, planting, harvesting, drying, curing, grading, or trimming, and includes processing of cannabis when done for individual (noncommercial) purposes. |
PROCESSING: | Is defined in chapter 15, article VII of the Municipal Code. |
SENSITIVE USE: | Any cemetery, religious institution, school, public building regularly frequented by children, public park, or boys’ club, girls’ club or similar organization. |
D. Severability: If any part of this section is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.
E. Personal (Non-Commercial) Cultivation And Other Activities: Personal, non-commercial cultivation and other activities including drying, harvesting, processing, smoking, and use are restricted pursuant to this section and/or chapter 18, article XI of the Municipal Code. Nothing in this section shall prohibit a person twenty one (21) years of age or older from engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence. Alternatively, the six (6) or fewer plants may be grown outdoors within a locked space that is not visible by normal, unaided vision from a public place or from the surrounding properties. Additionally, the following requirements apply:
1. There shall be no exterior evidence of cannabis cultivation occurring at any property, from the public right-of-way.
2. Cannabis cultivation lighting shall not exceed 140,000 lumens (traditionally referenced as one thousand two hundred watts (1,200 W)).
3. If grown in an accessory structure, the structure(s) shall at all times meet the requirements of the latest adopted version of the California Building, Fire, Mechanical, Electrical and Plumbing Codes (collectively California Codes). All required electrical permits must be obtained pursuant to the California Codes and applicable regulations, and proper permits must be obtained from the Building Division prior to performing any work on electrical wiring or rewiring.
4. If required by the California Codes, the wall(s) adjacent to the cultivation area shall be constructed with five-eighths inch (5/8") type X moisture-resistant drywall.
5. Cannabis cultivation areas shall be secured by a functioning audible alarm at all times during growing seasons.
6. The growing of cannabis outdoors shall comply with setback requirements for the primary residence on the property subject to the zoning classification of the property.
7. Cannabis plants grown outdoors shall be grown in an area enclosed with a solid view obscuring fence, secured with self-closing and locking gates.
8. Areas for cultivation of cannabis shall be secured, locked, and fully enclosed, and rendered inaccessible to minors.
9. All restrictions set forth in chapter 18, article XI of the Municipal Code, applicable to cultivation, shall be complied with.
F. Prohibited Uses And Activities:
1. With the exception of cannabis dispensaries as set forth further in this section, and as regulated in chapter 15, article VII of the Municipal Code, commercial cannabis activity, whether or not for profit, is expressly prohibited in all zones, specific plans areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the City, unless expressly permitted by this section or elsewhere in the Municipal Code.
2. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by the Municipal Code, and the activity at that location has been expressly authorized by the City in accordance with applicable City regulations and State laws. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.
3. Unless expressly authorized by the Municipal Code, subsection F1 of this section shall prohibit all activities for which a State license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time, except for activities expressly authorized and permitted by the City. The City shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code section 26070.5, except as expressly authorized and permitted by the City.
G. Permitted Use:
1. Location: Commercial cannabis dispensary uses shall be allowed to be established and operated by business owners (as defined in section 15-85 of the Municipal Code), that meet all of the requirements specified in this section and chapter 15, article VII of the Municipal Code, in the DR-N, DR-S and Airport Industrial Zone Districts of the City, subject to having a valid State license for the operations, having a regulatory permit from the City, obtaining a City business license, and having entered into a Development Agreement between the business owners and the City. Any cannabis dispensary permitted to be established shall at all times be in compliance with this section and chapter 15, article VII of the Municipal Code, as it may be amended from time to time or repealed and replaced by another section governing cannabis dispensary operation, but subject to the terms and conditions within the applicable Development Agreement.
2. Number of Permits: The number of regulatory permits for cannabis dispensaries is limited to no more than two permits, plus an additional permit for every twenty five thousand (25,000) residents. The City Council may reserve one of the allowed permits exclusively for a medical cannabis dispensary use, in conformity with the applicable regulations set forth in chapter 15, article VII of the Municipal Code.
3. Distance Separation From Schools: All cannabis dispensaries shall comply with the distance separation requirements from schools as required by State law. In addition, a cannabis dispensary shall not be located within six hundred feet (600') from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 - 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of section 11362.768 of the Health and Safety Code unless otherwise provided by law.
4. Building Property Requirements: All building property requirements set forth in chapter 15, article VII of the Municipal Code shall also apply and are hereby incorporated by reference as if set forth fully herein.
5. Additional Requirements: Cannabis dispensary uses are additionally subject to all setback, signage, and other requirements applicable to the zone classifications they are located in, in addition to any applicable requirements set forth in this chapter and the Municipal Code, as well as the Downtown Design Guidelines, in applicable zone districts.
H. Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11-19-2019; amd. Ord. 1880, 2-16-2021)
ARTICLE 302. AFFORDABLE HOUSING DENSITY BONUS AND OTHER INCENTIVES
SECTION:
302.01: Purpose
302.02: General Provisions
302.03: State Affordable Housing Density Bonus
302.04: State Childcare Facility Density Bonus
302.05: Affordable Housing Concessions And Incentives
302.06: Application Requirements
302.07: Review
The specific purposes of the affordable housing density bonus and other incentives regulations are to:
A. Allow for density bonuses and additional incentives, consistent with Government Code Section 65915, for affordable housing lower and moderate income households, for seniors and disabled persons, and for development that includes a childcare facility;
B. Implement the policies of the General Plan Housing Element to expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and
C. Establish requirements for resale and rental controls to ensure that units remain affordable for at least thirty (30) years or such other term as required by the City, consistent with State law. (Ord. 1866, 11-19-2019)
A. State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.
B. Land Use Compatibility. All affordable housing units shall be dispersed throughout the community. Affordable housing units within market-rate projects shall be comparable with the design of market-rate units in appearance, use of materials, and finished quality. Building forms, materials and proportions shall comply with the standards of Series 200.
C. Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.
D. Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.
E. Income Levels. For purposes of determining income levels of households under this chapter, the City shall use the Tulare County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations. (Ord. 1866, 11-19-2019)
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