Chapter 17.228#

SPECIAL USE REGULATIONS#

Sections:#

Article I. General

• 17.228.101 Personal auto storage.
• 17.228.102 Adult entertainment business.
• 17.228.103 Adult-related establishment.
• 17.228.104 Bed and breakfast inn in residential zones.
• 17.228.105 Accessory dwelling units and junior accessory dwelling units.
• 17.228.106 Mini storage; locker building.
• 17.228.107 Towing service; vehicle storage yard.
• 17.228.108 Alcoholic beverage sales, off-premises consumption; bars; nightclubs.
• 17.228.109 Drive-through restaurant.
• 17.228.110 Accessory drive-through service facility.
• 17.228.111 Fraternity house; sorority house; dormitory.
• 17.228.112 Residential hotel.
• 17.228.113 Childcare center.
• 17.228.114 Heliport; helistop.
• 17.228.115 Mobilehome park.
• 17.228.116 Conditions on use of railroad rights-of-way.
• 17.228.117 Multi-unit dwellings.
• 17.228.118 Community clinics.
• 17.228.119 Reserved.
• 17.228.120 Fuel storage yard.
• 17.228.121 Check-cashing center.
• 17.228.122 Reserved.
• 17.228.123 Solar energy system, commercial (non-city property).
• 17.228.124 Community market.
• 17.228.125 Model home temporary sales office.
• 17.228.126 Temporary nonresidential use.
• 17.228.127 Development near existing or proposed light rail stations.
• 17.228.128 Assembly-Cultural, religious, social.

Article II. Home Occupations

• 17.228.200 Intent and definition.
• 17.228.210 Home occupations requiring administrative permit.
• 17.228.220 Home occupations requiring conditional use permit.
• 17.228.230 Requirements applicable to all home occupations.
• 17.228.240 Prohibited home occupations.
• 17.228.250 Permit not transferable.

Article III. Antennas and Telecommunications Facilities

• 17.228.300 Antenna mounted on existing building or structure.
• 17.228.310 Panel antenna and satellite dish located on active high voltage electrical transmission towers.
• 17.228.320 Telecommunications tower.

Article IV. Recycling Facilities

• 17.228.400 Recycling facility—General.
• 17.228.410 Operational standards.
• 17.228.420 Development standards applicable to recycling facility types except for convenience recycling.
• 17.228.430 Convenience recycling facility—Administrative permit—Development and operating standards.
• 17.228.440 Temporary recycling at manufacturing facilities.

Article V. High Voltage Transmission Facilities

• 17.228.500 Purpose and intent.
• 17.228.510 Definitions.
• 17.228.520 Procedures.
• 17.228.530 Approval authority.
• 17.228.540 Review criteria and findings.
• 17.228.550 Policies.

Article VI. Temporary Residential Shelters#

17.228.600 General requirements.#

17.228.610 Proximity to other temporary residential shelters.#

17.228.620 Temporary residential shelter—Development standards.#

Article VII. Reserved#

Article VIII. Urban Agriculture#

17.228.810 Development standards.#

17.228.820 Development standards for market gardens and private community gardens.#

Article IX. Cannabis#

17.228.900 Purpose and intent.#

17.228.910 Definitions.#

17.228.920 General requirements.#

17.228.930 Cannabis production.#

17.228.940 Cannabis testing—Signs.#

17.228.950 Medical marijuana dispensaries.#

17.228.960 Cannabis consumption lounges.#

Article I. General#

17.228.101 Personal auto storage.#

Auto storage is a permissible accessory use if the vehicle being stored is registered to a resident of the premises. Any service, repair, or storage of the vehicle shall be located on an approved paved surface and must not violate any other provision of this title or the city code. No more than two vehicles may be undergoing service or repair or may be stored on the premises at any one time. A vehicle that is inoperable or in pieces is presumed to be undergoing repair. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.102 Adult entertainment business.#

An adult entertainment business is a permitted use in this zone, subject to compliance with the locational standards set forth below; and subject further to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.06.

A. Locational requirements.#

No permit shall be issued or approved for an adult-entertainment business unless the proposed location satisfies all of the following locational requirements:

1. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment.

2. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural zone, residential zone, or residential use.

3. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any existing park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink.

B. Relevant date for determining compliance with locational requirements.#

For purposes of determining whether the locational requirements set forth above are met, the following rules apply:

1. For purposes of the locational requirements, the relevant date is the date of the filing of a completed application under chapter 5.06, and except as provided in paragraph 2 of this subsection below, only those uses lawfully established at the time of the filing of a completed application under chapter 5.06 shall be considered for purposes of determining whether the locational requirements are met.

2. For further purposes of the locational requirements, a location for which a completed application for an adult-entertainment business permit has been filed pursuant to chapter 5.06 shall be considered to be the site of an established adult-entertainment business from the date that the completed application is filed until the application is approved or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.103 Adult-related establishment.#

A conditional use permit is required to establish an adult-related establishment in this zone. This requirement shall be in addition to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.04.

17.228.103 Adult-related establishments—Locational requirements.

A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for an adult-related establishment unless the proposed location satisfies all of the following locational requirements:

1. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment.

2. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural or residential zone or residential use.

3. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink.

B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply:

1. For purposes of the locational requirements, the relevant date is the date that the application for a conditional use permit is determined or deemed to be complete, and only those uses lawfully established as of the date that the application is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met.

2. For further purposes of the locational requirements, a location for which a completed application for an adult entertainment business permit has been filed under chapter 5.06 or a location for which a completed application for a conditional use permit for an adult-related establishment has been filed shall be considered to be the site of an established adult-entertainment business or an established adult-related establishment from the date that the completed application is filed until the application is approved, withdrawn or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.104 Bed and breakfast inn in residential zones.

A. Bed and breakfast inn in RE, R-1, R-1A, R-1B, and R-2 zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The property owner or a manager shall reside on site, unless the bed and breakfast inn is a short-term rental under subsections B and C below, in which case the property owner or a manager is not required to reside onsite. The bed and breakfast inn shall not have more than seven guest rooms. Conferences, weddings, fund raisers, and similar gatherings of non-lodgers are prohibited.

B. Bed and breakfast inn in R-2A, R-2B, R-3, and R-3A zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The bed and breakfast inn shall not have more than 14 guest rooms. In these zones, the zoning administrator's conditional use permit may allow facilities for conferences, weddings, fund raisers, and other similar gatherings and functions attended by non-lodgers as a part of the bed and breakfast inn use, and may include conditions restricting type, frequency, and timing of events, and other limits on operations as the decision-maker determines necessary to issue the conditional use permit. Except as expressly authorized in the conditional use permit, gatherings and functions attended by non-lodgers are prohibited.

C. Short-Term Rentals#

Notwithstanding subsections A and B of this section, a short-term rental, as defined in subsection D, is a permitted use of a dwelling unit and a zoning administrator's conditional use permit is not required for that use. A short-term rental must comply with the requirements in chapter 5.114. The provisions of chapter 17.228 (Home Occupations) do not apply to short-term rentals.

D. Definition of Short-Term Rental#

For purposes of this section, a "short-term rental" means a bed and breakfast inn that is limited as follows:

1. Lodging is provided for no more than six persons at any time; and
2. If the dwelling unit is not the primary residence of the permittee, lodging is provided for no more than an aggregate of 90 days during the term of the short-term rental permit required under chapter 5.114. "Primary residence of the permittee" means the dwelling unit in which the person issued the short-term rental permit, established in chapter 5.114, resides for at least 184 days during a calendar year.

E. Applicability of Other Provisions#

Except as specifically stated, nothing in this section exempts the operation of a bed and breakfast inn or short-term rental from the requirements of any other provision of this code, including chapter 3.08 (Business Operations Tax) and chapter 3.28 (Uniform Transient Occupancy Tax). (Ord. 2024-0051 § 15; Ord. 2020-0025 § 21; Ord. 2016-0003 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

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17.228.105 Accessory Dwelling Units and Junior Accessory Dwelling Units#

A. Purpose and Options#

The purpose of this section is to set forth the regulations governing the creation of accessory dwelling units and junior accessory dwelling units. An applicant may choose to proceed under subsection B, which sets forth the city's local development options, consistent with California Government Code sections 66310 through 66403. Or the applicant may choose to proceed under subsection C below, which sets forth an alternative development option, consistent with California Government Code section 66323. The two options may not be combined.

B. City's Local Development Option#

1. Generally#

a. A lot developed with a single-unit dwelling may have a maximum of two accessory dwelling units, one accessory dwelling unit and one junior accessory dwelling unit, or two junior accessory dwelling units. A lot developed with a duplex or multi-unit dwelling may have a maximum of two accessory dwelling units.

b. Accessory dwelling units and junior accessory dwelling units shall not be included in the calculation of density of the lot on which the dwelling units are located. Accessory dwelling units and junior accessory dwelling units are residential uses that are consistent with the general plan and zoning designation for the lot on which the dwelling units are located.

c. An accessory dwelling unit or junior accessory dwelling unit that is approved under this subsection B may be rented for a term less than 30 days in accordance with section 17.228.104.C.

2. Accessory Dwelling Units#

a. General Requirements#

i. The lot on which an accessory dwelling unit is located must be improved with a single-unit, duplex, or multi-unit dwelling before or at the same time as the construction of the accessory dwelling unit.

ii. An accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence, except as provided in California Government Code section 66341.

iii. No passageway is required in conjunction with the construction of an accessory dwelling unit.

b. Maximum Area#

i. Calculation. The calculation of floor area for an accessory dwelling unit includes all floor area within the accessory dwelling unit building envelope, excluding garages and accessory structures.

B. Accessory Dwelling Units#

2. Standards for Accessory Dwelling Units#

c. Size and Development Standards#

ii. Attached Accessory Dwelling Units#

The total floor area for each attached accessory dwelling unit on a lot shall not exceed the greater of the following:

1. 50% of the existing floor area of the primary dwelling§; or
2. 850 square feet if the accessory dwelling unit has one bedroom or less§, or 1,000 square feet if the accessory dwelling unit has more than one bedroom§.

iii. Detached Accessory Dwelling Units#

The floor area of one detached accessory dwelling unit may not exceed 1,200 square feet.§ In the case of two detached accessory dwelling units on one lot, the combined floor area of both detached accessory dwelling units may not exceed 1,200 square feet.

c. Development Standards#

i. Separation Distance#

The minimum distance between the primary dwelling and a detached accessory dwelling unit is 4 feet.§ The minimum distance between two detached accessory dwelling units is 4 feet. A detached accessory dwelling unit may be attached to another detached accessory dwelling unit.

ii. Height, Lot Coverage, and Open Space#

1. General rule. Except as provided below, the height, lot coverage, and minimum open-space requirements applicable to the lot on which the accessory dwelling unit is located apply to the accessory dwelling unit.

2. Exception. Accessory dwelling units that occupy less than 800 square feet total in lot coverage are exempt from maximum lot coverage and minimum open-space requirements.§

iii. Setbacks#

All accessory dwelling units must comply with the street side-yard setbacks applicable to the lot on which the accessory dwelling unit is located. The other setback requirements are as follows:

1. If any portion of an accessory dwelling unit is within 60 feet of the front property line, the accessory dwelling unit must comply with the front-yard setback requirements applicable to the lot on which the accessory dwelling unit is located and maintain minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less.§

2. For an accessory dwelling unit that is further than 60 feet from the front property line, the unit must comply with the following:

   a. First floor. No setback is required for a single-story accessory dwelling unit or the first floor of a multistory accessory dwelling unit.

   b. Second floor and above. The second floor and above of a multistory accessory dwelling unit must have minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less.§

3. Notwithstanding subsections B.2.c.iii.(1) and B.2.c.iii.(2) above—

   a. No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

   b. An accessory dwelling unit may not project into the required setback from the landside toe of a levee.

4. One accessory dwelling unit that does not exceed 800 square feet and complies with all the standards set forth in this subsection B may be constructed within the front-yard setback if:

   a. The lot area in the rear and side yards does not permit the construction of a detached accessory dwelling unit that is two stories in height and at least 800 square feet; and

   b. The lot area in the rear and side yards does not permit the construction of an attached accessory dwelling unit that is at least 800 square feet.

iv. The design of the accessory dwelling unit must conform to the objective design standards applicable to the lot on which the accessory dwelling unit is located.

v. No portion of an accessory dwelling unit balcony, deck, or open-stair landing within 10 feet of the rear lot line or side lot line may be higher than three feet from the ground unless the rear lot line or side lot line abuts a nonresidential use, alley, public street, or approved private street.

vi. If located in a historic district or on a landmark-designated property, an accessory dwelling unit must comply with objective standards for accessory dwelling units located in a historic district or on a landmark-designated property, as adopted by resolution of the city council.

3. Junior accessory dwelling units.

a. Maximum area. The floor area of one junior accessory dwelling unit may not exceed 500 square feet.§

b. Owner occupancy. Unless owned by a government agency, land trust, or housing organization, the property owner must reside onsite.

c. Deed restriction. A deed restriction must be recorded before final building permit inspection, in accordance with California Government Code section 66333, and state the following:

i. Sale of the junior accessory dwelling unit separate from the sale of the single-unit dwelling is prohibited;

ii. The deed restriction may be enforced against future purchasers; and

iii. The size and attributes of the junior accessory dwelling unit may not deviate from the building permit under which the unit was constructed.

d. Location. Junior accessory dwelling units must be constructed within the walls of a single-unit dwelling, which may include an attached garage.

e. Entrance. The junior accessory dwelling unit must have an entrance that is separate from the main entrance to the proposed or existing single-unit dwelling.

f. Bathroom. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit must include both the entrance required under subsection e above and an interior entry to the main living area of the single-unit dwelling.

g. Kitchen. The junior accessory dwelling unit must include an efficiency kitchen with:

i. Cooking appliances; and

ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

4. Ministerial review.

a. Unless subsection B.5, below, applies, the city shall ministerially review all applications for accessory dwelling units and junior accessory dwelling units submitted under this section.

b. The city shall approve or deny an application to create an accessory dwelling unit or junior accessory dwelling unit under this section within 60 days of receipt of a complete application if there is an existing residential use on the lot.

c. If the application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new residential development on the lot, the city may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the permit application to create the residential development is approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

5. Deviations from development and design standards. A request to deviate from the development standards contained in subsection B.2.c above may be made by application for site plan and design review under chapter 17.808.

C. Accessory dwelling units and junior accessory dwelling units eligible for ministerial review under California Government Code section 66323.#

1. Notwithstanding subsection B, above, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following, as set forth in California Government Code section 66323:

   a. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling if all the following are met:

   i. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-unit dwelling or existing space of a single-unit 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.

   ii. The space has exterior access from the proposed or existing single-family dwelling.

   iii. The side-yard and rear-yard setbacks are sufficient for fire and safety.

   iv. The junior accessory dwelling unit complies with California Government Code section 66333.

   b. One detached, new construction, accessory dwelling unit that does not exceed 4-foot side-yard and rear-yard setbacks for a lot with a proposed or existing single-unit dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit that meets the requirements set forth in California Government Code section 66333. The accessory dwelling unit may not exceed a floor area of 800 square feet and a height of 18 feet unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet.§

   c. Multiple accessory dwelling units within the portions of existing multi-unit dwellings 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. The number of accessory dwelling units shall not exceed one or 25% of the existing multi-unit dwellings, whichever is greater.

   d. Multiple accessory dwelling units, not to exceed the number specified in subsections C.1.d.i and C.1.d.ii below, that are located on a lot that has an existing or proposed multi-unit dwelling, but are detached from that multi-unit dwelling, maintain 4-foot rear-yard and side-yard setbacks, and do not exceed 18 feet in height unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet.

   i. On a lot with an existing multi-unit dwelling, not more than eight detached accessory dwelling units may be constructed. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing dwelling units on the lot.

   ii. On a lot with a proposed multi-unit dwelling, not more than two detached accessory dwelling units may be constructed.

2. An accessory dwelling unit or junior accessory dwelling unit approved under this subsection C may not be rented for a term less than 30 days.§

3. No other objective development standard or design standard within this title apply to accessory dwelling units meeting the requirements of this subsection C. (Ord. 2026-0001 § 25; Ord. 2024-0051 § 16; Ord. 2024-0017 § 46; Ord. 2021-0023 § 38; Ord. 2019-006 § 4; Ord. 2017-0008 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.106 Mini storage; locker building.

17.228.106 Mini Storage or Locker Building#

A mini storage or locker building shall comply with the development standards in this section.

A. Outside of the central city, a minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way.§

B. Open or outdoor storage areas are permitted only if screened by a minimum six-foot high solid masonry wall.§

C. A minimum of two waste disposal areas shall be provided. Waste facilities shall be screened by a minimum six-foot high solid masonry wall and provide for easy access of mini-storage clients.

D. No retail business of any kind shall be permitted to operate in any of the mini storage or locker building units. (Ord. 2017-0061 § 66; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.107 Towing Service; Vehicle Storage Yard#

A towing service and vehicle storage yard for the temporary storage of vehicles may not engage in auto dismantling and shall comply with the development standards in this section.

A. A minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped.

B. All outdoor storage areas shall be screened by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area.§

C. Outdoor vehicle storage areas are not subject to the parking lot tree shading requirements in section 17.612.040.

D. The address of the company shall be visible from the public right-of-way. At least one illuminated, instructional sign shall be located at the main entrance to the site and contain the following information:

1. Name of company;

2. Address;

3. Phone number; and

4. Address of company office if not located on the subject site.

E. Tow car storage. A tow car may not be parked or stored in a residential zone when it is not in use, but must be stored in a zone that permits automobile storage. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.108 Alcoholic Beverage Sales, Off-Premises Consumption; Bars; Nightclubs#

A. Conditional use permit required. Except as provided in subsection C of this section, a conditional use permit is required for the following uses: alcoholic beverage sales for off-premises consumption, bar, and nightclub.

1. Findings. The decision-maker may approve a conditional use permit for alcoholic beverage sales for off-premises consumption, a bar, or nightclub based on the following findings, in addition to the findings required in section 17.808.200:

a. The proposed alcoholic beverage sales will not adversely affect the peace or general welfare of the surrounding neighborhood;

b. The proposed alcoholic beverage sales will not result in undue concentration of establishments dispensing alcoholic beverages;

c. The proposed alcoholic beverage sales will not enlarge or encourage the development of a skid row or blighted area; and

d. The proposed alcoholic beverage sales will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation.

2. Considerations.

a. The decision-maker shall consider whether the proposed alcoholic beverage sales will detrimentally affect nearby residentially zoned areas, and shall give consideration to the distance of the proposed alcoholic beverage sales from residential buildings; churches and faith congregations; schools, K-12; hospitals; parks and playgrounds; childcare centers; social services; and other similar uses.

17.228.108 Alcoholic beverage sales, bars, and nightclubs.

A. Conditional use permit required. Alcoholic beverage sales for off-premises consumption, bars, and nightclubs require a conditional use permit, except as provided in subsection C of this section.

   b.  In addition to the considerations applicable to all conditional use permit applications, the decision-maker may consider the following under this section: hours of operation; quantity and size of containers sold; alcoholic content of wines; percentage of shelf space devoted to alcoholic beverages; a requirement that the establishment post, in compliance with the city code, signs prohibiting the possession of open alcoholic beverage containers or the consumption of alcoholic beverages on any property adjacent to the establishment under the control of the establishment's operator; and any other activities proposed for the premises.

B. Deemed conditional use permit. Alcoholic beverage sales for off-premises consumption, bars, or nightclubs operating under a deemed conditional use permit shall not do any of the following unless a new conditional use permit is approved:

  1.  Change the type of retail liquor license within a license classification;

  2.  Recommence alcoholic beverage sales for off-premises consumption after sales were discontinued for a continuous period of at least one year, including the case where the license for such sales is suspended or revoked; provided, however, that a suspension for violation of Business and Professions Code section 23790.5(e) shall not constitute a break in the continuous operation of the sales of alcoholic beverages. An establishment that has discontinued alcoholic beverage sales shall not be deemed to have resumed sales unless the establishment is open for business for alcoholic beverage sales for off-premises consumption for at least 60 continuous days in substantially the same manner that it operated before its alcoholic beverage sales were discontinued. Whether an establishment is being operated in substantially the same manner shall be determined by reference to the type and amount of merchandise for sale, the hours and days of operation, the number of persons on duty to serve customers, and such other factors as may be relevant; or

  3.  Substantially change the business of alcohol sales for off-premises consumption, bars, or nightclubs, including:

     a.  Increasing the floor space devoted to display or storage of alcoholic beverages; or

     b.  Modifying the premises by expanding the gross floor area more than 10 percent, which requires issuance of a building permit (not including routine maintenance and repair).

C. Conditional use permit not required.

  1.  A conditional use permit is not required for alcoholic beverage sales for off-premises consumption in a store with greater than 15,000 square feet in gross floor area if the shelving allocated to alcoholic beverages does not exceed 10% of the total shelving within the store.§

  2.  A conditional use permit is not required for an on-sale licensee, other than a bar, on account of the licensee's statutory off-sale privileges if the licensee does not hold itself out as selling alcoholic beverages for off-premises consumption. (Ord. 2017-0061 § 67; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.109 Drive-through restaurant.

A. Findings. A conditional use permit shall not be granted for a drive-through restaurant unless the decision-maker, in addition to the findings required by section 17.808.200, makes the following additional findings:

  1.  The design and location of the drive-through restaurant service facility will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property.

  2.  The design and location of the drive-through restaurant service facility will not impede access to or exit from the parking lot serving the business, impair normal circulation within the parking lot or impede pedestrian movement properties.

B. Development standards. The development standards in this subsection B shall be used to analyze the adequacy of the design of a drive-through restaurant.

17.228.100 Drive-through restaurant service facility.

A. Purpose. [Note: No purpose statement appears in the provided text.]

B. Development standards. A drive-through restaurant service facility shall conform to the development standards in this subsection B.

1. A minimum stacking distance of 180 feet shall be provided to each pick-up window or automated machine.§

2. A drive-through restaurant service facility with a separate ordering point and pick-up window shall provide stacking space for at least four vehicles in advance of each ordering point and stacking space for at least four vehicles between each ordering point and pick-up window.§

3. Entrances to drive-through lanes shall be at least 25 feet from driveways entering a public or private street or alley.§

4. A drive-through restaurant service facility shall not be considered as justification for reducing the number of required parking spaces.

5. The minimum width of each drive-through lane is 11 feet.§ The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs.

6. Operation of the drive-through restaurant service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. when the site is contiguous to residentially zoned or used property, unless the decision-maker approves different hours of operation as a condition of approval of the conditional use permit.

C. Guidelines. The guidelines in this subsection C shall be used in analyzing the adequacy of the design of the drive-through restaurant. The decision-maker may require redesign of a drive-through restaurant to comply with these guidelines.

1. Public address speakers, on-site lighting, and drive-through lanes shall be designed and located such that noise, exhaust fumes, and stray light shall not unreasonable impact adjacent properties.

2. Placement of a canopy over the pick-up window is desirable to protect the customer from inclement weather. However, the canopy cannot be used as justification to reduce the amount of required on-site shading.

3. Interior landscaping shall be installed on the site to offset the extensive pavement area devoted to the drive-through lane.

D. Notice to city council. As soon as reasonably practicable after the zoning administrator or planning and design commission makes a decision on a conditional use permit required to establish a drive-through restaurant, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it.

E. Procedures for call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision described in subsection D by filing a written request with the planning director within 15 business days of the zoning administrator's or planning and design commission's decision. Once the request is filed, the council shall notice and set the matter for the hearing before it. Notice of the hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council shall be de novo.

F. Withdrawal of request for review. The requester under subsection E may withdraw that request. The withdrawal shall be noted on the next regularly scheduled meeting of the city council and shall be considered to have occurred on that date. (Ord. 2021-0032 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.110 Accessory drive-through service facility.

A. Development standards. An accessory drive-through service facility shall conform to the development standards in this subsection A.

1. A minimum stacking distance of 100 feet shall be provided to each pick-up window or automated machine.§

2. A drive-through service facility with a separate ordering point and pick-up window shall provide stacking space for at least four vehicles in advance of each ordering point and stacking space for at least four vehicles between each ordering point and pick-up window.§

3. Entrances to drive-through lanes shall be at least 25 feet from driveways entering a public or private street or alley.

4. The minimum width of each drive-through lane shall be 11 feet.§ The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs.

B. Hours of operation. Operation of the accessory drive-through service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. if the site is contiguous to residentially zoned or used property, unless the hours are modified by a conditional use permit approved by the zoning administrator. (Ord. 2021-0024 § 18; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.111 Fraternity house; sorority house; dormitory.#

A. Operational standards. Fraternity house, sorority house, and dormitory uses shall conform to the operational standards in this subsection A.

1. Every room used for sleeping purposes shall have not less than 100 square feet of floor area.§ Where more than one person occupies a room used for sleeping, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of one.§

2. The facility shall provide a common lounge area. The lounge shall be centrally located.

3. A property owner or a manager shall reside on the premises.

B. Modifications. A planning and design commission conditional use permit is required to modify the operational standards stated in subsection A. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.112 Residential hotel.#

A. Administrative permit. Except as otherwise provided in this title, a residential hotel requires an administrative permit.

B. Floor size and occupancy. The floor size and occupancy of individual residential hotel units must comply with the applicable standards in title 15.

C. Kitchens. A residential hotel may provide:

1. A kitchen within individual residential hotel units;

2. One or more kitchens for shared use by tenants and located within a common room; or

3. No kitchens.

As used in this subsection C, a kitchen means a room, space, or area with equipment for the preparation and cooking of food.

D. Bathrooms. A residential hotel may provide full or partial bathrooms within individual residential hotel units. At least one full bathroom for shared use by tenants must be provided on each floor that includes an individual residential hotel unit without a full bathroom.

As used in this subsection D, a full bathroom means a room that includes a water closet, lavatory, and bathtub or shower; a partial bathroom means a room that includes at least one of these plumbing fixtures.

E. Common space. A residential hotel must provide common space for passive or active recreational use by tenants at a location within the building or outdoors in a yard as follows:

1. At least one common space must be provided at a ratio of 10 square feet per unit, or at least 150 square feet, whichever results in the greater amount of open space.§

2. Common spaces must be accessible by all tenants.

3. If provided outdoors in a yard, the minimum width and depth of the common space must be 10 feet.§

4. Each common space must be furnished for use by tenants (e.g., couches, tables, chairs, or desks).

5. Rooms used for laundry, storage, sanitation, or hallways do not constitute common space, within the meaning of this section.

F. Security. Security must be provided within each residential hotel unit by means of a separate dead bolt and latch lock.

17.228.112 Residential hotel.#

G. Manager's office. A residential hotel with 12 or more units must have a manager reside on-site or provide a 24-hour front-desk service near the main entry to the residential hotel. The front desk must have a full view of the entry area. Signage that provides the current phone number to contact management staff must be posted near the main entry. (Ord. 2024-0054 § 36; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.113 Childcare center.#

A childcare center shall conform to the development standards in this section.

A. Fences. If the proposed center abuts a residential zone or residence, a minimum six-foot high solid wall of masonry, brick, stucco or similar material shall be provided.§ The wall shall be placed along all property lines which abut the residential zone or residence. A masonry wall shall not be required if:

1. The center is separated from a residential zone or residence by an alley;

2. The center will be located in an existing commercial building which did not require a wall when built, no expansion of the building will occur and the building is located between the play yard and the residential zone or residence; and

3. The proposed center abuts a zone or use other than residential.

B. Outdoor play areas. Outdoor play areas shall be separated from vehicular circulation, parking areas, equipment enclosures, storage areas, and refuse and recycling areas. Play areas shall be adequately fenced. (Ord. 2021-0024 § 19; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.114 Heliport; helistop.#

A. A conditional use permit approved by the planning and design commission under section 17.808.200 is required to establish or operate a heliport or helistop at a location other than at an existing airport.

B. Approval of the conditional use permit by the planning and design commission is deemed to be approval of the plan of construction for the heliport or helistop under California Public Utilities Code section 21661.5.

C. All terms and conditions of approval for the heliport or helistop required by the California Department of Transportation Division of Aeronautics, the Federal Aviation Administration, or any other state or federal agency are conditions of approval of the conditional use permit.

D. Each conditional use permit shall be conditioned on the owner and operator of the heliport or helistop complying at all times with chapter 12.92 and with the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics (21 California Code of Regulations section 3525 et seq.), including the recommendations contained in the Federal Aviation Administration's Advisory Circular AC 150/5390-2C and all other ACs referenced by or incorporated into the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics.

E. Rooftop emergency facilities, emergency medical services helicopter landing areas, temporary helicopter landing sites, and emergency use facilities are not heliports, and are allowed in any zone subject to compliance with chapter 12.92 and the state regulations identified in subsection D. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.115 Mobilehome park.#

Mobilehome parks shall conform to the operational and development standards in this section.

A. Site area. The minimum site area is five acres.§

B. Density. The minimum density is 10 mobilehome spaces per acre.§

C. Use. No mobilehome shall be used for any purpose other than residential occupancy. No commercial enterprise shall be carried on within the confines of a mobilehome park other than that allowed by the zoning of the property on which the use is located or such other use as may be specified in the conditional use permit.

D. Site standards.

17.228.115 Mobilehome park development standards (continued)#

D. Site development standards#

1. Front and street side-yard setbacks. If the zoning district in which a mobilehome park is located requires a front or street side-yard setback, the setback shall be provided and shall be permanently landscaped and maintained with groundcover, trees, and shrubs.

2. Interior side yard setback. The minimum interior side-yard setback is 15 feet.§

3. Rear yard setback. The minimum rear yard setback is 15 feet.§

4. Screen planting. All minimum interior side yard and rear yard setbacks shall have a minimum of a 10-foot wide planting area of groundcover, trees and shrubs to act as a screen between the mobilehome park and abutting residential uses.§

5. Access points. Access points shall be controlled through review of plans submitted on each individual conditional use permit application.

6. Lighting. Lighting shall consist of street electrolier type rather than flood lighting.

7. Driveways. All driveways and interior access streets shall be surfaced with a minimum of three inches of Portland cement or a minimum of two inches, after compaction, of hard, durable plant mix asphalt paving, over four inches of aggregate base rock in accordance with standard specifications adopted by the city. All driveways and interior access streets shall be surfaced and graded so that the drainage for the mobilehome park drains to a centrally-located drain or system of drains connected to the nearest storm sewer or other system of drainage approved by the planning director.

8. Fencing. A fence not less than five feet in height shall be erected along all interior side and rear lot lines and along street setback lines.§

9. Accessory buildings or structures. No accessory building or structure shall be erected or maintained in any required minimum setback area.

E. Mobilehome space standards#

The site standards in this subsection E apply to each mobilehome space within a mobilehome park.

1. Space size. The average mobilehome space shall not be less than 1,750 square feet§ with no space to be less than 1,000 square feet.§

2. Setbacks. The minimum front, side, and rear yard setback for each mobilehome space is five feet.§

3. Landscaping. All minimum setback areas shall be permanently landscaped and maintained with groundcover, trees, and shrubs.

4. Accessory buildings or structures. No accessory building or structure shall be erected or maintained in any required minimum setback area for any individual mobilehome space.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.116 Conditions on use of railroad rights-of-way#

A.#

A railroad right-of-way may be used for railroad tracks or spur tracks.

B.#

Loading and unloading platforms or structures may be located on a railroad right-of-way only if:

1. The abutting property is located within a C-4 or M zone; and

2. No residential zoning is within 300 feet of the facility on the same side of the right-of-way.§

C.#

Railroad right-of-way located in the central city between B Street on the north, the north side of the R Street light rail tracks on the south, 19th Street on the west, and 20th Street on the east may be used for surface off-street vehicle parking facilities. The development standards in section 17.608.040, chapter 17.612, or in any other section of this title shall not apply to surface off-street vehicle parking facilities located in the railroad right-of-way in this area.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.117 Multi-unit dwellings#

A. Maintenance and repair#

Buildings and premises, including paint, siding, roofs, windows, fences, parking lots, and landscaping, shall be kept in good repair. Premises shall be kept free of junk, debris, and abandoned vehicles.

B. Operational standards#

The operational standards in this subsection B apply to multi-unit dwellings:

17.228.117 Operational standards for large multifamily developments.

A. Purpose. The purpose of this section is to ensure that large multifamily developments are maintained and managed in a manner that protects the public health, safety, and welfare, and preserves the quality of residential neighborhoods.

B. Operational standards. The following operational standards shall apply to all multifamily developments with 15 or more dwelling units:

   1.   For projects of 15 or more dwelling units, a manager shall reside on-site;§

   2.   The owner or operator shall post and maintain signage on the premises that provides the phone number to contact maintenance and management staff, which signage is subject to approval by the planning director;

   3.   The owner or operator shall conduct periodic inspections, not less than monthly, of the exterior of all buildings, trash enclosures, and recreation facilities;

   4.   The owner or operator shall establish and conduct a regular program of routine maintenance for the property. The program shall include common areas and scheduled repainting, replanting, and other similar activities that typically require attention at periodic intervals but not necessarily continuously. The owner or operator shall repaint or retreat all painted or treated areas at least once every eight years§, provided that the planning director may approve less frequent repainting or retreatment upon a determination that less frequent treatment is appropriate, given the nature of the materials used or other factors. The program is subject to review and approval by the planning director;

   5.   The owner or operator shall maintain landscaping and irrigation in a healthy and serviceable condition; and

   6.   The owner or operator shall indicate and maintain all locations of parking stalls for disabled access and strictly enforce applicable rules.

C. Modifications. A zoning administrator conditional use permit is required to waive or modify the operational standards in subsection B. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.118 Community clinics.

A. Purpose. The purpose of this section is to comply with California Government Code section 65914.900, relating to ministerial review of community clinics.

B. Administrative permit. A development will be granted an administrative permit for a community clinic if it complies with the objective planning standards in California Government Code section 65914.900, subdivision (a).

C. Application processing.

   1.   In determining whether a development is consistent with the objective planning standards in California Government Code section 65914.900, subdivision (a), the development is subject only to the plans, ordinances, policies, regulations, and standards in effect when the application is submitted.

   2.   The city shall approve or deny an application for a community clinic within 60 days of submission of the application§, as required by California Government Code section 65914.900, subject to all the following:

       a.   If the city determines the development conflicts with any of the objective planning standards in California Government Code section 65914.900, subdivision (a), then—

           i.   The city shall provide the applicant with written documentation of the standard or standards with which the development conflicts and an explanation of the reasons the development conflicts with the standard or standards;

           ii.   The applicant may submit materials to the city to address and resolve the conflicts; and

           iii.   If the applicant submits materials to address or resolve the conflicts, the city shall, within 60 calendar days, determine whether the application as supplemented or amended is consistent with the objective planning standards.

   3.   Applications approved pursuant to this section are subject to reconsideration, consistent with section 17.812.020.

   4.   Notwithstanding section 17.812.020, applications denied pursuant to this section may be appealed by the applicant to the city council. The city council shall make a final decision within 60 days of the filing of the appeal.

   5.   The city and applicant may agree to extend any time limit in this section.

17.228.120 Fuel storage yard.#

A. No fuel storage yard shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or residential use.§

B. Notwithstanding chapters 17.216 and 17.220, a planning and design commission conditional use permit is required to establish a fuel storage yard that:

1. Is located on a parcel that is greater than two acres;

2. Contains one or more tanks of 500 gallon or greater capacity containing liquefied or compressed flammable or combustible gases;

3. Generates or manufactures liquefied or compressed flammable or combustible gases on the site; and

4. Distributes liquefied or compressed flammable or combustible gases in containers with a capacity of greater than 20 gallons. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.121 Check-cashing center.#

A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for a check-cashing center unless the proposed location satisfies all of the following locational requirements:

1. No check-cashing center shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any other check-cashing center; church or faith congregation; school, K-12; childcare center; or financial institution including a state or federally chartered bank, savings association, or credit union.§

2. No check-cashing center shall be established or located within 500 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or residential use.§

3. Only those uses lawfully established as of the date that the application for a check-cashing center conditional use permit is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met.

B. Hours of operation. Operation of the check-cashing center shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. unless different hours of operation are approved by condition of the conditional use permit.

C. Operational considerations. The application for a conditional use permit for a check-cashing center shall include a security plan, sign program, lighting plan, and good neighbor policy. In its review of the conditional use permit, the planning and design commission shall consider the proposed security plan, sign program, lighting plan, and good neighbor policy and, if it determines to approve the conditional use permit, shall impose conditions as it finds necessary or appropriate to ensure that the check cashing center is not operated in a manner that will be detrimental to the public health, safety, or welfare, or that will result in the creation of a nuisance.

D. Discontinuance. Notwithstanding the provisions of section 17.808.410, if the operation of a check-cashing center is discontinued for a continuous period exceeding one year, the conditional use permit expires for discontinuance of use and thereafter is void. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.122 Reserved.#

17.228.123 Solar energy system, commercial (non-city property).#

(No text provided for this section in the source document.)

17.228.123 Solar energy system, commercial (non-city property) – Discontinuance#

Notwithstanding section 17.808.410, if the operation of a solar energy system, commercial (non-city property) is discontinued for a continuous period exceeding one year, the conditional use permit expires for discontinuance of use and thereafter is void. Upon expiration of the conditional use permit, the solar energy system and all related equipment and accessory structures shall be removed from the site. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.124 Community market#

A. A community market shall conform to the development standards in this subsection A.

1. The use shall be located on an improved surface, such as a parking lot. If located in a parking lot the use shall not be located in any required parking or maneuvering areas;
2. The use shall not be larger than 500 square feet in area.§ The perimeter of the community market shall be designated by a temporary barrier such as tape, rope, temporary fencing, bollards, or cones;
3. The community market shall operate not more than one day out of the week§ for a maximum of five consecutive hours.§ The community market may operate only between the hours of 8:00 a.m. and 7:00 p.m.; and
4. One sign is permitted. The sign shall be a portable sign, and may be an A-frame. The sign, including supports, shall fit into an area of not more than four feet in height, three feet in width, and three feet in depth.§

B. If the market does not conform to the development standards stated in subsection A, the market is an outdoor market. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.125 Model home temporary sales office#

A. Administrative permit. A model home temporary sales office for a new subdivision requires the issuance of an administrative permit. The permit shall be obtained prior to issuance of a building permit for a model home temporary sales office.

B. Application. The applicant shall submit the following documents with the application:

1. Floor plans and elevations of each unit to be used as a model home or sales office;
2. An overall site plan and landscape plan of the complex, including off-site parking facilities and outdoor lighting, if any;
3. A copy of the subdivision map; and
4. A sign program that conforms to chapter 15.148.

C. Off-site parking. Any off-site parking facility shall conform to chapters 17.608 and 17.612, except as follows:

1. If the off-site parking facility is adjacent to the public right-of-way, the required landscaped planter shall have a minimum width of four feet.
2. The parking lot tree shading requirements in section 17.612.040 do not apply to the off-street parking facility.

D. Term. The model home temporary sales office permit shall be valid for two years from the date of its issuance and may be renewed for additional one-year periods.§

E. Other requirements. All buildings and structures associated with the model home temporary sales office shall comply with all height and area requirements of the zoning district in which it is located. The model home temporary sales office shall be located so as to be easily accessible from existing improved streets during construction of the model home and not more than 300 feet from the nearest existing source of water supply for fire-fighting purposes.§

F. Restoration. Upon expiration of the model home temporary sales office permit, or at the time the model unit is no longer used for display or as a sales office, all pavement used for a parking area shall be removed, and all signage associated with the marketing of the subdivision shall be removed. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.126 Temporary nonresidential use#

Section 17.228.126 - Temporary Nonresidential Uses#

A. Purpose and scope#

The purpose of this section is to set standards for the establishment of a temporary nonresidential use under limited circumstances as set forth in this section. This section does not apply to temporary residential shelters, which are regulated by article VI of chapter 17.228, or to model home temporary sales offices, which are regulated by section 17.228.125.

B. Administrative permit requirement#

A temporary nonresidential use requires the issuance of an administrative permit. The administrative permit must be obtained before issuance of a building permit, if one is needed, for the temporary nonresidential use.

C. Standards for granting an administrative permit#

An administrative permit for a temporary nonresidential use will be granted if the use complies with all of subsections C.1 through C.6 below.

C.1. One of the following circumstances exist—#

a. A proposed permanent use on the site (i) has received all necessary planning permits or the proposed permanent use is allowed by right; and (ii) there is an active building permit for the proposed permanent use; or

b. A local emergency has been declared pursuant to section 2.116.060 and the temporary use supports recovery and the recommencement of economic activities.

C.2. The temporary nonresidential use, if permanent, would be allowed by right on the site.#

C.3. The project site is located—#

a. In the RMX zone (chapter 17.212), any zone codified in chapter 17.216 (i.e., commercial, office, and mixed-use zones), any zone codified in chapter 17.220 (i.e., industrial and manufacturing zones), or any zone codified in chapter 17.224 (miscellaneous zones); and

b. Not more than 300 feet from the nearest existing water supply source for fire-fighting purposes.§

C.4. If parking is provided to serve the temporary nonresidential use, all off-street parking facilities—#

a. Comply with section 17.608.040 (development standards for off-street parking facilities); and

b. Are surfaced in accordance with section 17.612.020 or are surfaced with a temporary but durable material that prevents trackout (i.e., tracking dirt, mud, or other debris onto a public street).

C.5. Outdoor storage is screened from public view by landscaping, fencing, or a structure.#

C.6. Bathroom and sanitation facilities are provided in accordance with title 15 (buildings and construction).#

D. Parking lot tree shading exemption#

The parking lot tree shading requirements in section 17.612.040 do not apply to temporary nonresidential uses that comply with this section.

E. Term#

Notwithstanding section 17.808.470, an administrative permit issued pursuant to this section expires one year from the date the permit is issued.§ A permit-holder may request, before the expiration of the permit, a one-time extension of up to one year, which may be approved at the director level if there are exceptional circumstances preventing completion of the permanent facilities for the nonresidential use.

F. Restoration#

Upon expiration of the administrative permit, all temporary facilities (e.g., building, trailer, parking area, signage, etc.) must be removed and the site must be restored to its previous condition.

G. Permit attributes#

Permits issued under this section are not property, have no value, do not create vested rights, and do not create legal nonconforming status.

(Ord. 2024-0017 § 47; Ord. 2019-0006 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

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17.228.127 - Development near existing or proposed light rail stations#

A. Conditional use permits#

A conditional use permit shall not be granted for uses subject to this section unless the decision-maker makes the findings required by section 17.808.200 and all the following findings:

A.1. The project includes pedestrian amenities such as lighting, benches, tree shading, and landscaping;#

17.228.127 Conditional use permits—Standards and procedures#

A. Standards. A conditional use permit shall be approved only if all of the following standards are met:

  1.   The project complies with all applicable provisions of this title, including any specific standards for the use set forth in this chapter;

  2.   If the project includes the construction or reconstruction of a residential or mixed-use building with one or more dwelling units, or an addition to an existing residential or mixed-use building with one or more dwelling units, the project has a residential density of at least 15 dwelling units per net acre§; and

  3.   If the project includes the construction or reconstruction of one or more buildings or an addition to an existing building:

      a.   New buildings adjacent to the street are designed with ground-floor street-facing facades that include transparent glass storefront windows or display windows that are equal to or greater in size than 50% of the product of the interior height of the ground floor and the width of the building's street frontage§;

      b.   The project site provides continuous, direct, and convenient pedestrian walkways to transit, adjacent uses, and other uses on the same site;

      c.   Off-street vehicle parking is located beneath, on top, to the rear, or on the interior side of the building and not in front of the building; and

      d.   The primary entrance has direct access to public ways and sidewalks.

B. Exemption. If a use is expressly exempt from the requirement to secure a conditional use permit under any other provision of this title, this section shall not apply.

C. Call-up review for gas stations capable of simultaneously fueling more than 10 vehicles near truck routes.

  1.   Notice to city council. As soon as reasonably practicable after the zoning administrator or planning and design commission makes a decision on a conditional use permit required to establish a gas station capable of simultaneously fueling more than 10 vehicles and within 500 feet of a city truck route or Surface Transportation Assistance Act truck route designated by the city council, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it.

  2.   Procedures for call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision described in subsection C.1 by filing a written request with the planning director within 15 business days of the zoning administrator's or planning and design commission's decision. Once the request is filed, the council shall notice and set the matter for the hearing before it. Notice of the hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council shall be de novo.

  3.   Withdrawal of request for review. The requester under subsection C.1 may withdraw that request. The withdrawal shall be noted on the next regularly scheduled meeting of the city council and shall be considered to have occurred on that date. (Ord. 2021-0024 § 20; Ord. 2020-0006 § 6; Ord. 2018-0055 § 14)

17.228.128 Assembly—Cultural, religious, social.#

Unless otherwise authorized by a conditional use permit approved by the zoning administrator or the planning and design commission, outdoor events are limited to four times per year§, may not exceed two hours§, and must end no later than 5:00 p.m.§ (Ord. 2020-0021 § 44)

Article II. Home Occupations#

17.228.200 Intent and definition.#

A. The intent of these regulations is to reduce and control the impact of a home occupation so that its effects on a neighborhood are undetectable from normal and usual residential activity.

B. For purposes of this chapter, the term "permitted residence" means the dwelling unit (including accessory structures) for which a home occupation permit is issued under this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.210 Home occupations requiring administrative permit.#

The following occupations are permitted with an administrative permit. The application for an administrative permit for a home occupation shall include a signed declaration of the applicant confirming that all of the special conditions stated in this section, and the general conditions stated in section 17.228.230 that are applicable to the proposed occupation, will be satisfied.

A. General office uses, such as accountant, administrative assistant, answering service, appraiser, architect, attorney, bookkeeper, broker or agent (real estate, insurance, etc.), counselor, consultant, drafting service, engineer, interior decorator, secretarial service, word processing service, and other office uses whose characteristics are substantially similar to those listed, as determined by the zoning administrator.

B. Commission merchant, direct sale product distribution, internet, or mail order business.

C. Dressmaker, tailor, fashion designer.

D. Mobile vehicle glass installation and mobile vehicle detailing, subject to the following special conditions:

1. Vehicle detailing is limited to cleaning the exterior and/or interior passenger area and truck area of a vehicle. It includes washing, waxing, and polishing the vehicle and cleaning the interior carpet and upholstery. Cleaning under the hood of a vehicle (including engine cleaning and engine steam cleaning), painting, tinting, or dying the vehicle or parts of the vehicle is prohibited.

2. No installation of glass or vehicle detailing work is allowed at the permitted residence.

3. If the installation or detailing work is to be performed on a vehicle at a location in a residential zone, the vehicle must be registered to a current occupant of the premises where work is performed.

4. The elapsed time for the installation or detailing work may not exceed a continuous 48 hours.

5. Installation or detailing work may not be performed on more than two vehicles at one time on the same premises.

6. Installation or detailing work may not be performed on a public street.

E. Pet services, such as pet sitting, pet grooming, pet training, and veterinarian care, subject to the following special condition: pet services shall not be conducted at the permitted residence.

F. Contractor, handyperson, janitorial service, landscape contractor, and gardening service, subject to the following special conditions: the permitted residence may contain only an office related to the occupation. No employees may report to the permitted residence for work assignments. One employee who is a nonresident of the permitted residence may work at the permitted residence as provided in section 17.228.230.A.4.

G. Artist.

H. Tutoring, subject to the following special condition: if tutoring is conducted at the permitted residence, all tutoring must be conducted inside the residence.

17.228.210 Permitted Home Occupations#

I. Small equipment, appliance, and computer assembly, repair, or reconstruction#

Subject to the following special conditions: there shall be no pickup or delivery of items to the permitted residence by the public. All storage, assembly, repair, and reconstruction work shall be performed within an enclosed building. The equipment, appliances, and computers assembled, repaired, or reconstructed at the permitted residence shall not exceed six feet in height, six feet in length, six feet in width, 100 pounds in weight, or five horsepower. No more than 12 pieces of equipment, in any condition, shall be on-site at the permitted residence at any one time.

J. Healing arts professional#

Including physician, surgeon, chiropractor, physical therapist, acupuncturist, and massage therapy practitioner, subject to the following special condition: office visits and treatment shall not occur at the permitted residence.

K. Hair stylist, barber, manicurist#

L. Swimming instructor#

Subject to the following special condition: swimming instruction shall not be given at or in a swimming pool at the permitted residence.

M. Cottage food operation#

As defined in section 113758 of the California Health and Safety Code. (Ord. 2021-0016 § 27; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.220 Home Occupations Requiring Conditional Use Permit#

Except for the prohibited home occupations listed in section 17.228.240, the following home occupations are permitted with a zoning administrator conditional use permit:

• A. A home occupation not listed in section 17.228.210;
• B. A home occupation listed in section 17.228.210 that does not comply with one or more of the applicable special conditions there listed; and
• C. A home occupation that does not comply with the requirements stated in section 17.228.230. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.230 Requirements Applicable to All Home Occupations#

A. Requirements#

In addition to the special conditions and other provisions in sections 17.228.210 and 17.228.220, all home occupations shall satisfy all of the following requirements:

1. All of the requirements stated in this section 17.228.230 shall apply to each permitted residence without regard to the number of home occupation permits issued for the residence.

2. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The home occupation may be conducted in the principal dwelling or accessory structures on the subject property.

3. No more than one person who is not a resident of the permitted residence may engage in home occupations at that residence.§ The home occupation may have more than one off-site employee or partner if that person does not work at the permitted residence.

4. Unless prohibited by a special condition under section 17.228.210, or by a condition of approval of a home occupation conditional use permit under section 17.228.220, clients or customers are permitted to visit the permitted residence; provided, that on any single day there shall be no more than one client or customer per hour§ and no more than eight customers or clients visiting the residence in a day.§ A family unit, such as a parent and one or more children, is considered one client or customer for purposes of this restriction.

5. The permitted residence shall comply with all building code standards made applicable to the residence because of the operation of the home occupation.

6. Only one vehicle of a size no larger than one ton shall be permitted in conjunction with a home occupation.§

7. There shall be no sign, nameplate, or any other form of advertising displayed at the permitted residence.§

17.228.240 Prohibited home occupations#

An administrative permit or conditional use permit shall not be issued for any of the following home occupations:

• A. A home occupation for an auto service, repair shop. Vehicle glass installation and detailing only are permitted subject to the special conditions listed in subsection D of section 17.228.210.
• B. A home occupation for any adult business or adult-related establishment that is subject to the permit requirements of chapter 5.04 of this code.
• C. A home occupation that involves a nuisance-producing activity.
• D. A home occupation for a towing service or vehicle storage yard.
• E. A home occupation that creates noise, odor, dust, vibration, fumes, or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated.
• F. A home occupation that will create any electrical disturbance adversely affecting the operation of any equipment located in any other dwelling unit or on property not owned by the person conducting the home occupation.
• G. A home occupation that involves cannabis products, including industrial hemp as defined in section 8.134.020.

(Ord. 2024-0017 § 48; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.250 Permit not transferable#

An administrative or conditional use permit for a home occupation is valid only for the occupation and the residence for which it is issued. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Article III. Antennas and Telecommunications Facilities#

17.228.300 Antenna mounted on existing building or structure#

• A. Antenna mounted on existing building or structure—General. Except as provided in section 17.808.160 and subsections B, C, and D of this section, and except for an antenna subject to sections 17.228.310 or 17.228.320, an antenna mounted on an existing building or structure, together with related equipment, is subject to director-level site plan and design review and shall conform to the following development standards:

  1. The antenna, and its related equipment, shall not project above the roof parapet or penthouse roof line of the building, or the highest point of the structure to which the antenna is attached, by more than 12 feet.§
  2. The antenna, and its related equipment, shall not extend out more than six feet from the face of the building or surface of the structure to which is it attached.§
  3. The antenna panels and all brackets and cables shall be painted to match the building or structure at the point of attachment.§
  4. The equipment cabinet, if any, is located in one of the following locations:
     • a. On the roof of, or within, the building or structure on which the antenna is mounted;
     • b. Within any building located on the same parcel as the building or structure on which the antenna is mounted; or
     • c. On the ground and outside of any required setback or vehicle maneuvering area on the same parcel as the building or structure on which the antenna is mounted.
  5. An equipment cabinet located on a building roof shall conform to the requirements for roof-mounted mechanical equipment in chapter 17.600.

• B. Antenna mounted on an existing building or structure—Single-unit and duplex dwellings. An antenna shall not be mounted on the exterior of a single-unit or duplex dwelling.§

C. Antenna mounted on an existing building or structure—Antenna not visible from adjacent streets or public areas.#

An antenna mounted on an existing building or structure, together with related equipment, that is not visible from adjacent streets or public areas, is subject to staff-level site plan and design review.

D. Antenna mounted on an existing building or structure—Panel antenna.#

1. Site plan and design review.#

a. General. Except as provided in subsection b, a panel antenna mounted on an existing building or structure, together with related equipment, is subject to staff-level site plan and design review.

b. Historic resources. A panel antenna mounted on a landmark or on an existing building or structure in a historic district, together with related equipment, is permitted subject to director-level site plan and design review.

2. Development standards.#

A panel antenna mounted on an existing building or structure, together with related equipment, shall conform with the following development standards:

a. The antenna, and its related equipment, shall not project above the roof parapet or penthouse roof line of the building, or the highest point of the structure to which the antenna is attached.

b. The antenna, and its related equipment, shall not extend out more than 18 inches from the face of the building or surface of the structure to which it is attached.§

c. The antenna panels and all brackets and cables shall be painted to match the building or structure at the point of attachment.

d. The equipment cabinet, if any, shall be located in one of the following locations:

• i. On the roof of, or within, the building or structure on which the antenna is mounted;
• ii. Within any building located on the same parcel as the building or structure on which the antenna is mounted; or
• iii. On the ground and outside of any required setback or vehicle maneuvering area on the same parcel as the building or structure on which the antenna is mounted.

e. An equipment cabinet located on a building roof shall conform to the requirements for roof-mounted mechanical equipment in chapter 17.600.

(Ord. 2025-0007 § 23; Ord. 2019-006 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

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17.228.310 Panel antenna and satellite dish located on active high voltage electrical transmission towers.#

A panel antenna, or a satellite dish not exceeding 26 inches in diameter, mounted on an active high voltage electrical transmission tower§ is permitted subject to staff-level site plan and design review, and shall conform to the following development standards:

A. The panel antenna or dish shall not exceed the height of the tower by more than 12 feet.§

B. The panel antenna or dish and all brackets and cables shall be painted to match the structure at the point of attachment.

C. The equipment cabinet, if any, is located in one of the following locations:

1. At the base of the tower on which the antenna is mounted;
2. Within any building located on the same parcel as the tower on which the antenna is mounted; or
3. On the ground and outside of any required setback or vehicle maneuvering area on the same parcel as the tower on which the antenna is mounted.

(Ord. 2025-0007 § 24; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

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17.228.320 Telecommunications tower.#

A. Telecommunications tower on residentially zoned lots. A telecommunication tower is prohibited on a residentially zoned lot unless either of the following applies:

1. The residentially zoned lot is developed and used for nonresidential purposes; or
2. The residentially zoned lot is owned by a governmental entity.

B. New telecommunications towers.

Article III. Telecommunications Towers#

17.228.300 Telecommunications Tower—General#

A. Purpose. The purpose of this section is to regulate the placement and modification of telecommunications towers in a manner that protects the public health, safety, and welfare while accommodating the need for reliable telecommunications services.

B. New telecommunications towers—Permit required.

1. Conditional use permit required. A new telecommunications tower requires approval of either a commission-level or director-level conditional use permit, as follows:

   a. Director-level—Replacement monopole. A director-level site plan and design review is required for a new monopole that replaces an existing monopole, does not exceed the height of the existing pole or the maximum height limit in the zone where it is located, and is located in the same or proximate location as the monopole being replaced.

   b. Commission-level. A commission-level conditional use permit is required for a new telecommunications tower that is not subject to director-level review.

2. Site plan and design review. A new telecommunications tower is subject to site plan and design review approval at the same level as the conditional use permit.

C. Existing telecommunications towers—Modification. A modification to an existing telecommunications tower is subject to site plan and design review.

D. Development standards.

1. The equipment cabinet, if any, shall be located in one of the following locations:

   a. At the base of the tower on which the antenna is mounted;

   b. Within any building located on the same parcel as the tower on which the antenna is mounted; or

   c. On the ground and outside of any required setback and vehicle maneuvering area on the same parcel as the tower on which the antenna is mounted. (Ord. 2025-0007 § 25; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Article IV. Recycling Facilities#

17.228.400 Recycling Facility—General#

A. Zones and permit required. Recycling facilities are permitted in the zones listed in the table below, subject to the permit specified and the other requirements of this chapter:

Type of Facility	Zones Permitted	Permit Required
Convenience recycling facility	SC, C-1, C-2, C-3, C-4, M-1, M-2, M-1(S), M-2(S), M-T	Administrative permit
Minor recycling facility	C-4, M-1, M-2, M-1(S), M-2(S), MRD, M-T	Zoning administrator conditional use permit
Major recycling facility	C-4, M-1, M-2, M-1(S), M-2(S), MRD, M-T	Planning and design commission conditional use permit
Greenwaste facility	A	Zoning administrator conditional use permit
Greenwaste facility	C-4, M-1, M-2, M-1(S), M-2(S), M-T	Planning and design commission conditional use permit
Temporary recycling at manufacturing facility	C-4, M-1, M-2, M-1(S), M-2(S), M-T	Zoning administrator conditional use permit

B. Permit for multiple sites. A single administrative permit, zoning administrator conditional use permit, or planning and design commission conditional use permit may be approved for more than one facility on more than one site if:

1. The operator of each of the proposed facilities is the same;

2. The proposed facilities are determined to be similar in nature, size, and intensity of activity; and

3. All of the applicable criteria and standards set forth in the development standards or operational standards in this section are met for each such proposed facility. (Ord. 2024-0051 § 18; Ord. 2020-0006 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.410 Operational Standards#

A. A facility owner or operator shall remove all litter generated by the recycling operation.§ The facility owner or operator shall provide litter control at the entrance(s) of the facility and along the street, sidewalk and setback areas adjacent to the facility.

B. A facility owner or operator shall control dust generated from the facility to the maximum extent feasible, subject to the direction of the solid waste manager or designee. Dust control measures may include, but are not limited to, misting systems, water trucks, manual or mechanical sweeping, and use of negative ventilation.

17.228.410  Operating standards for recycling facilities.

   C.   A facility owner or operator shall control odors generated by the facility and prevent the migration of odors off-site to the maximum extent feasible, subject to the direction of the solid waste manager or designee. Odor control measures may include misting systems, masking agents, containment and use of negative ventilation. At the request of the solid waste manager or designee, the facility owner or operator shall conduct an odor investigation, provide a written report of the investigation, and correct identified problems.

   D.   Upon request of a city representative, the facility owner or operator shall attend neighborhood meetings to answer questions about facility operations.§

   E.   Noise levels shall not exceed standards established by the Sacramento City Code.§

   F.   Operating hours shall be between 8:00 a.m. and 7:00 p.m. when located within 200 feet of a residentially-zoned or occupied property.§ Operating hours for convenience recycling are pursuant to section 17.228.430.J. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.420   Development standards applicable to recycling facility types except for convenience recycling.

The following standards apply to new or expanded recycling facilities, except for convenience recycling, that require a conditional use permit. See section 17.228.430 for development standards for convenience recycling.

   A.   Solid fencing shall be installed and maintained around the site. Fencing shall be a minimum of six feet in height in order to prevent visibility of processing operations and stock piled or processed materials.§ Fencing shall be installed behind the required landscaped area.

   B.   All recyclable materials shall be stored in receptacles, within an on-site building, or behind a screened or fenced area to prevent visibility from adjacent roadways and parcels.

   C.   No portion of the facility activities, operations, storage, or other work shall encroach into the required, landscaped areas, or setback.

   D.   Any undeveloped area of a site shall be surrounded by a barrier constructed to prohibit access to the area. Barriers may include six-inch minimum barrier curbing, bollards, fencing, or landscaping.

   E.   All on-site access areas, tipping areas, staging areas, and sorting areas shall be surfaced with asphalt concrete or concrete paving.§

   F.   Signs shall meet the requirements in the sign ordinance for the zone in which the facility is located and must be consistent with the character of the location.

   G.   No recycling or trash enclosures or receptacle shall be located in any required setback area.§ (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.430   Convenience recycling facility-Administrative permit-Development and operating standards.

A convenience recycling facility requires an administrative permit. The following standards apply to new or expanded convenience recycling facilities.

   A.   The facility is an accessory use and shall be operated only in conjunction with an existing and operating commercial use or community service facility that is in compliance with all applicable zoning, building, and fire codes of the city and that is located in a convenience zone as defined under the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code section 14500 et seq.).

   B.   The facility shall be no larger than 500 square feet§ and, if located in a parking lot, shall occupy no more than five parking spaces§ not including spaces that will be periodically needed for removal of materials or exchange of the collection receptacles. No parking spaces required for the primary host use may be occupied by the facility.

   C.   The facility shall be set back at least 10 feet from any street or building on an adjacent parcel§ and 25 feet from any property zoned or occupied for residential use§; shall not be located in any required setback, and shall not obstruct pedestrian or vehicular circulation.

D. The facility owner or operator shall accept only post-consumer recyclable containers comprised of glass, plastic, or metal and commonly found in household generated waste.

E. The facility owner or operator shall not accept scrap metals.

F. Materials may be processed on site, but only within an enclosed structure and only to the extent necessary for volume reduction to accommodate the collection schedule. No power-driven processing equipment may be used except for reverse vending machines and battery-powered compactors. In facilities located within 100 feet of a property zoned or occupied for residential use, transferring glass bottles from one receptacle to another shall be done only within an enclosed structure or shall utilize sound baffles or other acoustical shielding.§

G. The facility owner or operator shall use only durable waterproof and rustproof collection receptacles of sufficient capacity to accommodate the materials collected and the collection schedule. The receptacles shall be covered and secured when the attendant is not present. The receptacles shall be clearly marked to identify the type of material which may be deposited.

H. All recyclable material shall be stored in the collection receptacles at all times, and shall not be left outside of the collection receptacles when no attendant is present.

I. The owner or operator shall maintain the facility free of litter and any other undesirable materials and shall sweep the facility at the end of each collection day.

J. Facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.§ Facilities that are operated by an attendant and that are located more than 100 feet of a property zoned or occupied for residential use shall operate only during the hours between dawn and dusk.§ Unattended facilities located more than 100 feet of a property zoned or occupied for residential use may operate 24 hours a day.§

K. Materials shall be removed from the facility on a routine basis. Materials may be collected and transported from the facility and collection receptacles may be delivered only during the facility's hours of operation or between dawn and dusk, whichever is more restrictive.

L. The facility shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.§

M. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and shall display a notice stating that no material shall be left outside the collection receptacles.

N. The facility shall not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto.

O. No parking spaces are required for a convenience recycling facility located in the established parking lot of a host use.§

P. The design and color of the facility shall be compatible with the existing commercial use or community service facility on the site. Improvements may be required to ensure compatibility, including, but not limited to, landscaping, screening, trailer skirting, and parking lot improvements.

Q. A convenience recycling facility that cannot meet the standards listed above shall be considered a minor or major recycling facility subject to the permit specified in section 17.228.400. (Ord. 2025-0007 § 26; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.440 Temporary recycling at manufacturing facilities.

Temporary recycling operations at manufacturing facilities are permitted with a zoning administrator's conditional use permit in the C-4, M-1, M-2, M-1(S), and M-2(S) zones. Temporary operations must meet the criteria in this section.

A. One temporary permit will be issued for a maximum of 90 days per calendar year for a site qualifying as a manufacturing site. No extensions of time will be permitted per site per calendar year.

B. The proposed site for the temporary permit shall comply with all recycling operation standards in section 17.228.410.

C. All equipment brought in for the temporary recycling operations shall be removed on or before the last day of the temporary permit.

D. Recycling operations are limited to the recycling of on-site materials that result from normal business operations conducted on the site. Off-site materials are not allowed to be accepted for recycling during the temporary recycling period granted. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Article V. High Voltage Transmission Facilities

17.228.500 Purpose and intent.

It is the intent of this article to implement with a single procedure section 12808.5 of the California Public Utilities Code and sections 53091 and 53096 of the California Government Code, which authorize the city to review and to approve or disapprove the location and construction of facilities for the transmission of electrical energy, operating at 100,000 volts or more, such as substations, transmission lines and poles, and accessory structures, by the Sacramento Municipal Utility District. It is the purpose of this article to provide for these facilities in the city in the most compatible and least obtrusive manner, while insuring that electrical energy is made available to every part of the city. The procedural rules in this article are designed to insure that sufficient information is provided in a timely manner to allow the city to make a reasonable and informed decision on applications submitted. The provisions of this article shall not be construed as to interfere with the use of property in any zone for public underground and aerial transmission or supply lines or transmission structures required to provide a service to the immediate area, provided that such lines and structures do not carry 100,000 volts, or more, of electricity. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.510 Definitions.

As used in this article,

"Direct impact" means interference with the use of enjoyment of a person's property, real or personal, such as visual impacts, noise impacts, and interference with antenna reception.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

"High voltage transmission facility." See definition in section 17.108.090.

"SMUD" means the Sacramento Municipal Utility District.

"Substation" means a facility that transforms electrical energy to a lesser voltage for the purposes of sub-regional or localized distribution, or that functions as a transition point from overhead to underground electrical transmission lines, or that acts as the point of convergence for two or more transmission lines. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.520 Procedures.

A. Permits required. A transmission facilities permit approved by the city council is required to construct and locate a high voltage transmission facility. A transmission facilities permit is a discretionary permit and is not the right of the applicant. Application for a transmission facilities permit is subject to chapter 17.800. The fee for a transmission line is the same as a conditional use permit fee, and the fee for a substation is the same as a rezoning fee.

B. Information to accompany permit application.#

An application for a transmission facilities permit shall be accompanied by plans and the environmental document prepared and approved by the lead agency pursuant to the California Environmental Quality Act, sufficient in detail to allow the planning and design commission and the city council to determine the exact nature and extent of the use. The application shall include the following information:

1. The expected electrical requirements, as determined by SMUD, of the areas within the district that will be affected by the project;

2. The locations and capacities of the high voltage transmission facilities proposed, together with a description of basic technical and design concepts that favor the selection of the chosen locations and a list of feasible alternative sites;

3. An assessment of the type and magnitude of the direct impacts of the proposed project and of each alternative;

4. Mitigation measures:

   a. The measures to be implemented by SMUD to compensate for or mitigate the direct impacts of the project; and

   b. Where any portion of a proposed project is adjacent to residentially zoned or residentially-used property, a discussion of feasible routing alternatives; and

5. Any other information the planning director deems necessary to allow the planning and design commission and city council to determine the exact nature and extent of the proposed project and its direct impacts. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.530 Approval authority.#

A. Commission level—Recommendation.#

1. A transmission facilities permit application shall be reviewed by the planning and design commission. The commission shall conduct its hearing on the application within 30 days after the application is filed and accepted as complete. Notice of the hearing shall be given as provided in section 17.812.030, except as follows:

   a. Notice shall be given by mail or personal delivery to the owners of property within 500 feet of the property subject to the permit; and

   b. If the number of owners to whom notice would be mailed or delivered would be greater than 250, then in lieu of mailed or personally delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in the official newspaper of the city or another newspaper of general circulation within the city reasonably calculated to provide effective notice to the public, at least 10 days prior to the hearing.

2. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the application.

B. Council level.#

A transmission facilities permit application shall be reviewed by the city council upon receipt of the recommendation or report from the planning and design commission. The city council shall conduct its hearing within 60 days of the date the application is filed and accepted as complete. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.540 Review criteria and findings.#

The planning and design commission and the city council shall evaluate an application for a transmission facilities permit in accordance with the intent and purpose statement contained in section 17.228.500 and any applicable land use plans and policies adopted by the city council. The city council's decision shall be based on findings concerning:

A. The consistency of the proposed facilities with the city's general plan and applicable redevelopment and specific plans;

B. Whether there are feasible alternatives to the proposal; and

17.228.550 Policies.

The policies listed in this section apply to the review of a transmission facilities permit application.

A. Lattice towers along new transmission lines right-of-way or along portions of existing right-of-way utilized for expansion of the transmission system are discouraged.

B. Projects shall incorporate mitigation measures appropriate to the site of a particular project and each transmission line segment of a project whenever feasible, such as undergrounding or rerouting transmission lines to reduce visual impacts and antenna reception interference, reducing the number of poles or towers used for a project, using landscaping to screen or soften the visual impacts of projects, and sound attenuation measures.

C. Substations shall be on other than local or collector streets.

D. Preference shall be given to the location of transmission lines in the following rank order:

  1.   Within existing SMUD transmission rights-of-way or rights-of-way anticipated for other projects proposed pursuant to this section.

  2.   Adjacent to railroads or adopted freeway routes.

  3.   Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.

  4.   Adjacent to or through existing or planned commercial, industrial, or agricultural uses.

  5.   Along arterial streets where residential uses designated in an adopted plan are R-2 or greater density.

  6.   Through areas where land uses in an adopted plan are predominantly commercial, but include residential uses.

  7.   Through residential areas, including side and rear yards, irrespective of density.

E. Preference shall be given to the location of substations in the following rank order:

  1.   Areas designated for industrial or commercial land uses in an adopted plan.

  2.   Undeveloped areas designated for residential use in an adopted plan.

Zone	Max. Individuals	Permit Required
River District special planning district	24 or fewer	Planning and design commission conditional use permit
C-4, M-1, M-1(S), M-2, M-2(S), M-T	100 or fewer	Permitted (no conditional use permit)
C-4, M-1, M-1(S), M-2, M-2(S), M-T	More than 100	Zoning administrator conditional use permit
R-1, R-1A, R-1B, R-2, R-2A, R-3, R-3A, R-4, R-5, RMX, RO, OB, OB-2, OB-3, SC, C-1, C-2, C-3, H, SPX, TC, HC	Any number	Zoning administrator conditional use permit
Any zone (if not meeting location and development standards)	Any number	Zoning administrator conditional use permit

A temporary residential shelter is permitted as follows:

A. A temporary residential shelter for 24 or fewer individuals is a "small temporary residential shelter." Notwithstanding chapter 17.436, a small temporary residential shelter requires a planning and design commission conditional use permit in the River District special planning district.

B. A temporary residential shelter for 100 or fewer individuals is permitted in the C-4, M-1, M-1(S), M-2, M-2(S), and M-T zones.

C. A temporary residential shelter requires a zoning administrator conditional use permit if the use is:

1. For more than 100 individuals and is located within the C-4, M-1, M-1(S), M-2, M-2(S), or M-T zones;

2. Located within the R-1, R-1A, R-1B, R-2, R-2A, R-3, R-3A, R-4, R-5, RMX, RO, OB, OB-2, OB-3, SC, C-1, C-2, C-3, H, SPX, TC, or HC zones; or

3. Located within any zone and does not meet the location requirement in section 17.228.610 and the development standards in section 17.228.620. (Ord. 2024-0054 § 37 (part); Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.610 Proximity to other temporary residential shelters.

A temporary residential shelter serving only individual adults shall be located more than 300 feet from any other temporary residential shelter, measured from property line to property line.§ (Ord. 2024-0054 § 37 (part); Ord. 2021-0024 § 21; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.228.620 Temporary residential shelter—Development standards.

Temporary Residential Shelters – Development Standards#

Temporary residential shelters must comply with the following development standards:

Subsection	Standard
A. On-site personnel	On-site personnel must be present during hours of operation when clients are present.§
B. Lighting	Exterior lighting must be provided on pedestrian pathways and parking lot areas on the property.§
C. Waiting area	If client intake occurs on-site, an onsite waiting area of at least 100 square feet must be provided.§
D. Airport Land Use Compatibility Plans	A temporary residential shelter must comply with all objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5.

(Ord. 2024-0054 § 37 (part); Ord. 2021-0024 § 22; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

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Article VII. Reserved#

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Article VIII. Urban Agriculture#

17.228.810 Development standards#

Urban agriculture in residential and nonresidential zones shall comply with the development standards in this section.

A. Maintenance#

Urban agriculture uses shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials.

B. Equipment#

1. Use of mechanized farm equipment is prohibited in residential districts.§

2. Exceptions: a. Heavy equipment may be used initially to prepare the land for agriculture use. b. Landscaping equipment designed for household use is permitted. c. Equipment when not in use must be enclosed or otherwise screened from sight.§

C. Structures#

Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are permitted, subject to the regulations of the underlying zone.

D. Aquaculture operations#

1. Are allowed as an accessory use in residential and residential mixed use zones (R-1, R-1A, R-1B, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-5, RMX, and RO). The operation shall be contained entirely within an enclosed structure that meets the requirements of chapter 17.624, or in a yard that is screened from view of adjacent streets by fencing or landscaping.

2. Aquaculture operations in nonresidential zones are allowed, subject to the regulations of the underlying zone.

E. Urban agriculture stands#

1. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:

Item	Requirement
a.	Urban agriculture stands up to 120 square feet are allowed by right.§
b.	Urban agriculture stands larger than 120 square feet shall be subject to the approval of a zoning administrator conditional use permit.
c.	Urban agriculture stands must be temporary, and must be dismantled and removed during non-operating hours.
d.	Product sales are limited to produce and value-added products grown and produced on-site.
e.	Operating hours for an urban agriculture stand are limited to 8:00 a.m. to 7:00 p.m.§ In R-zones, operations shall be further limited to Tuesdays and Saturdays§, and a private garden shall be prohibited in the front yard of a lot where an urban agriculture stand is operated. The limitation on the days of operation does not apply to vacant sites in R-zones.

2. Urban agriculture stands that sell only fresh produce and are located in residential zones are not home occupations under article II of chapter 17.228.

F. Stormwater and environmental compliance#

Urban agriculture activities shall include best practices to prevent pollutants from entering the stormwater conveyance system and shall comply with all applicable federal, state, and local laws, ordinances, or regulations, including, but not limited to, the stormwater management and discharge control code in chapter 13.16 and the grading, erosion, and sediment control ordinance in chapter 15.88.

(Ord. 2025-0007 § 27; Ord. 20160001 § 32; Ord. 2015-0005 § 43)

17.228.820 Development standards for market gardens and private community gardens.

In addition to the standards in section 17.228.810, market gardens and private community gardens shall comply with the development standards in this section.

A. Garbage and compost. Garbage and compost receptacles must be screened from the street and adjacent properties by utilizing landscaping, fencing or storage within structures§ and all garbage shall be removed from the site weekly.§ Compost piles and containers must be set back at least 20 feet from residential buildings when an urban agriculture use abuts a residential land use.§

B. Fencing not required. Notwithstanding section 17.620.120, the development, improvement, or use of a lot for a community garden or market garden does not require the provision of a solid wall along property lines abutting a residential zone or use. (Ord. 2015-0005 § 43)

Article IX. Cannabis

17.228.900 Purpose and intent.

The purpose of this article is to authorize cannabis uses that comply with this article. The regulations in this article work in harmony with the regulations in chapter 5.150.

(Ord. 2026-0010 § 18)

17.228.910 Definitions.

For purposes of this article, the following definitions apply:

A. "Community center" means a facility designated as a community center, senior center, or clubhouse in the city's most recently adopted parks plan.

B. "Park" means a public park designated in the city's most recently adopted parks plan as a multi-use regional park, multi-use community park, special use community park, multi-use neighborhood park, or neighborhood play lot.

C. "School, Elementary or Middle" means a public or private school providing instruction in kindergarten or any grade from 1 to 8, inclusive, but does not include any private school in which education is primarily conducted in private homes.

D. "School, High" means a public or private school providing instruction in any grade from 9 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

E. "Sensitive use" means a lawfully-established community center, "library; archive" (as defined in section 17.108.130), "church or faith congregation" (as defined in section 17.108.040), museum, park, storefront cannabis dispensary, substance abuse rehabilitation center, or youth-oriented facility.

F. "Substance abuse rehabilitation center" means a facility licensed by the State Department of Health Care Services pursuant to California Health and Safety Code sections 11834.01 through 11834.50.

G. "Youth-oriented facility" means a facility that is operated by a nonprofit entity that primarily caters to minors or primarily provides services intended for minors.

(Ord. 2026-0010 § 18)

17.228.920 General requirements.

A. Conditional use permit.

  1.   A conditional use permit approved by the zoning administrator is required to establish—

     a.   A cannabis dispensary use located more than 600 feet from all sensitive uses; or

     b.   A cannabis production use.

  2.   A conditional use permit approved by the planning and design commission is required to establish—

     a.   A cannabis dispensary within 600 feet of any sensitive use.

     b.   A cannabis consumption lounge.

  3.   Conditional use permits for cannabis uses are subject to the following:

     a.   Notice to city council. As soon as reasonably practicable after the planning and design commission makes a decision on a conditional use permit required by this article, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it.

17.228.920   Conditional use permit requirements.

   A.   Review and approval.

      1.   Planning and design commission. The planning and design commission shall review and decide all applications for a conditional use permit required by this article, subject to call-up review as provided in subsection B.2.b.

      2.   Appeals.

         a.   Any aggrieved person may appeal a decision of the planning and design commission on a conditional use permit required by this article to the city council by filing a written notice of appeal with the planning director within ten business days of the planning and design commission's decision. The appeal shall be heard by the city council at its next regularly scheduled meeting, or as soon thereafter as practicable. Notice of the city council hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council is de novo.

         b.   Call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision by the planning and design commission on a conditional use permit required by this article by filing a written request with the planning director within ten business days of the planning and design commission's decision. If both a council member call-up and commission-level decision appeal are pending on the same project, the city council shall consider both at the same time. Notice of the city council hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council is de novo.

         c.   Withdrawal of request for review. The requester under subsection B.2.b may withdraw that request. The withdrawal must be noted on the agenda of the next regularly scheduled meeting of the city council and is considered to have occurred on the date of that meeting. Any other member of the city council may file a request for call-up review within ten days of the withdrawal. If the tenth day is a non-business day, the last day to file the request is the next business day. Notice of the city council hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council is de novo.

   B.   Distance from sensitive uses.

      1.   Measuring distance. Under this article, the distance from a cannabis use to another use is the shortest distance measured in a straight line between the two closest property lines.

      2.   Distance from schools. No cannabis use, except a consumption lounge, may be established within 600 feet of an elementary or middle school§ or within 1,000 feet of a high school.§

      3.   First-in-time — lawfully-established cannabis use. Notwithstanding any other provision of this title, a lawfully-established cannabis use may be modified or expanded without regard to whether it is within 600 feet of a sensitive use or elementary or middle school, or within 1,000 feet of a high school, if that sensitive use was established after the lawfully-established cannabis use. All other provisions of this title apply, including the findings required by section 17.808.200 when applicable.

      4.   Maps.

         a.   All applications under this article must include a scaled map that identifies by name, address, and assessor parcel number, all sensitive uses and elementary or middle schools within 600 feet of the project site and high schools within 1,000 feet of the project site.

         b.   Each applicant must attest in writing, under penalty of perjury, that the map and accompanying information is true and correct.

   C.   Identification of approved uses. Any permit issued in accordance with this article must specifically identify each authorized cannabis use – cannabis production (cultivation, distribution, processing, or manufacturing), cannabis testing, or cannabis dispensary (store-front cannabis dispensary, delivery-only cannabis dispensary, or both).

(Ord. 2026-0011 § 14; Ord. 2026-0010 § 18)

17.228.930   Cannabis production.

   A.   Power Inn area. No permit provided for in this title will be granted for cannabis cultivation in the area bounded by Power Inn Road to the west, Folsom Boulevard to the north, and the city limits to the east and south, if the total of all cannabis cultivation uses in that area will exceed 2.5 million square feet.

   B.   C-2 zone. In the C-2 zone, cannabis production must comply with the following provisions:

      1.   Cannabis distribution and nonvolatile cannabis manufacturing cannot exceed a total of 6,400 square feet per site.§

      2.   Cannabis distribution cannot be the only cannabis production use on a site.§

   C.   Signs. A cannabis production site cannot have more than one sign.§ The sign may be attached or detached. The sign cannot be illuminated and cannot exceed six square feet in area.§

(Ord. 2026-0010 § 18)

17.228.940 Cannabis testing—signs.#

A cannabis testing site cannot have more than one sign. The sign may be attached or detached. The sign cannot be illuminated and cannot exceed six square feet in area.

(Ord. 2026-0010 § 18)

17.228.950 Medical marijuana dispensaries.#

A medical marijuana dispensary with a valid conditional use permit on the effective date of the ordinance that codified this article is deemed to have an approved conditional use permit for a cannabis dispensary allowing for a storefront cannabis dispensary for the sale of medical and adult-use cannabis.

(Ord. 2026-0010 § 18)

17.228.960 Cannabis consumption lounges.#

A. As used in this section, "premises" has the same meaning as the definition in California Business and Professions Code section 26001.

B. A cannabis consumption lounge may only locate on the premises of a storefront cannabis dispensary.

(Ord. 2026-0011 § 15)