Chapter 18.44
SPECIAL USE REGULATIONS
Sections:
18.44.040 Floodplain and open space.
18.44.060 Housing density bonus and incentives.
18.44.070 Manufactured home and mobilehome park standards.
18.44.080 Mobilehome park conversion, closure, and cessation of use.
18.44.090 Mobile food vending.
18.44.110 Nonconforming buildings and uses.
18.44.120 Reasonable accommodation.
18.44.130 Recycling facility standards.
18.44.140 Refuse container standards.
18.44.160 Telecommunication facilities.
18.44.170 Utility equipment screening.
18.44.010 Purpose.
The purpose and intent of this chapter is to provide development standards for land uses that are allowed in individual or multiple zoning districts, and for activities that require special standards to mitigate potential impacts.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.020 Reserved.
18.44.030 Fences and walls.
18.44.030.01 Purpose.
The purpose of this section is to establish development standards and regulations for fences and walls. The intent of these regulations is to provide for adequate air and light permeability onto lots, adequate buffering between and screening of uses and activities, and provide for the mitigation of noise.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.02 Applicability and exemptions.
Except as provided below, the requirements of this section apply to all fences and walls.
A. Fences that are required by federal or state law or regulation, or which are required by the City for public safety (e.g., temporary construction site fencing) are exempt from this section.
B. Walls that are required by a mitigation measure for noise attenuation are exempt from this section.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.03 Permit requirements.
Except as provided below, no Community Development Department permit or entitlement shall be required for fences or walls except that plan check shall be conducted in the event that a building permit is required.
A. Design Review Required. Design review by the Community Development Director is required for all fences that exceed the standards of this section.
B. Retaining Walls. Retaining walls, as defined in this section, may only be constructed as part of an approved grading permit for the site at the time of initial development, as part of a roadway improvement project, or as part of the necessary stabilization of soil as determined by the Public Works Director.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.04 Measurement of fence and wall height.
Fence and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence material (see Figure 18.44-1). The finished grade shall be that as shown on the approved grading plan for the site at the time of initial development of the residential subdivision, multifamily development, or nonresidential development. In cases where a retaining wall does not require the approval of a grading plan, the finished grade shall be as determined by the Public Works Director.
Figure 18.44-1
Fence Standards
|
Table 18.44-1 Residential Fence Standards1 |
Type of Setback |
Allowed Minimum Setbacks |
|---|---|---|
|
6 Feet Maximum Height – Only within the allowed minimum setback 3 Feet Maximum Height – No minimum setback requirement Footnote:1 See Section 18.44.030.05(B) for Height Limits |
Front |
20 feet |
|
Non-Street Side |
Property Line |
|
|
Street Side |
5 feet |
|
|
Rear |
Property Line |
A. Landscape Walls. When a fence or wall is placed atop a landscape wall, the height of the landscape wall shall be considered as part of the fence or wall for purposes of determining the height of the fence or wall.
B. Retaining Walls. When a fence or wall is placed atop a retaining wall, the height of the fence shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.
(Ord. 2018-01, Amended, 03/06/2018; Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.05 Height limits.
A. Height Limits within the Traffic Safety Sight Area (TSSA). Within the TSSA, as defined in Chapter 18.08, and within the public right-of-way, no fences, walls, or hedges over twenty-four (24) inches high measured from the top of the nearest street curb (street level, if no curb) are allowed (see Figure 18.44-1 above).
B. Height Limits outside the TSSA. Within any required front or street yard area a fence may be constructed to a maximum height of three (3) feet. Outside of the required yard area the fence may be constructed to a maximum height of six (6) feet.
Fences six (6) to eight (8) feet in height may be approved by a minor use permit. Fences eight (8) feet to a maximum of ten (10) feet may be approved by a conditional use permit. Exceptions to the six (6) foot fence height limit are reviewed based on unusual or special circumstances of conditions relating to the property such as safety issues, and design constraints associated with the site or neighborhood.
C. Landscape Walls. Landscape walls within required yard areas shall be constructed to a maximum height of thirty-six (36) inches. Landscape walls shall not be used to alter the finish grade of the lot.
D. Retaining Walls. There shall be no height limits for retaining walls when constructed along the exterior property lines of the project or the final interior property lines in the case of a residential subdivision. Otherwise, a retaining wall over four (4) feet in height shall be benched so that no individual wall exceeds a height of three (3) feet, with the depth of each bench a minimum of three (3) feet (see Figure 18.44-2).
Figure 18.44-2
Retaining Wall Requirements 
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.06 Fence and wall design standards.
A. Open View Fencing. Where fencing is proposed along public frontages of nonresidential and multifamily projects, such fencing shall be open view unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas.
B. Fencing Materials. Fences and walls shall be constructed of long-lasting materials. Fencing or walls of wood, wrought iron, vinyl, lattice, or masonry are allowed. Unless approved as a condition of approval or in conjunction with another permit or entitlement, fences or walls of sheet or chain link, colored plastic, canvas tarps, visqueen plastic, corrugated iron, steel, concertina wire, or aluminum are prohibited if visible from the public way. Block walls visible from the public right-of-way and other properties shall be decorative (i.e., stucco and capped, slumpstone or split-face). Plain precision block shall be prohibited when visible from public view.
C. Barbed wire fencing shall not be constructed or placed on top of a fence except in industrial areas. Design review is required for barbed wire fencing abutting residential or commercial areas.
D. Electrified fencing shall be subject to Section 15.04.100.
E. Graffiti-Resistant Surface. When required by the Community Development Director or through conditions of approval due to the location and nature of the wall, masonry walls shall be treated with a graffiti-resistant aesthetic surface.
F. Landscaping. All required street side yard areas between the back of sidewalk and fence/retaining wall shall be landscaped and continuously maintained.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.030.07 Special fence and wall design requirements.
A. Screening of Outdoor Storage. Outdoor storage (including all commercial items, commercial construction, or industrial-related materials and equipment within commercial zones) shall be screened in a manner that is attractive and complementary to the principal use and/or structure that it serves. Such screening shall utilize enclosures such as, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public right-of-way, parks, public trails and adjacent properties.
B. Special Fencing for Large Vehicle Storage. Vehicles greater than one (1) ton that are permitted to travel on public highways as defined in the California Vehicle Code that are stored on property when not part of an active construction project shall be screened from public view.
C. Special Fencing for Commercial and Industrial Uses Adjacent to Residential and Agricultural-Residential Zones and Uses. Commercial and industrial uses shall be screened from adjacent residential and agricultural-residential zones and uses by a masonry wall or similar solid wall with a height of six (6) feet to screen the commercial use. This requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential or agricultural zones.
D. Special Fencing for Multifamily Uses Adjacent to Single-Family Residential Uses. Multifamily uses shall be screened from adjacent single-family residential zones and uses by a masonry wall or similar solid wall with a height of six (6) feet. The design and material of the solid wall shall be determined during the design review process.
E. Temporary Fences. Nothing in this section shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the California Building Code and other applicable provisions of the Galt Municipal Code.
F. Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition, and be free of graffiti.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.040 Floodplain and open space.
18.44.040.01 Purpose.
The purpose of this section is to promote the public health, safety and general welfare, and to minimize nuisances and public and private losses due to flood conditions in specific areas by regulations applied uniformly throughout the City to all publicly and privately owned land within and adjacent to floodprone and open space areas.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.040.02 Standards.
A. Property owners and developers shall dedicate land within the one hundred (100) year floodplains to the City, or other City-designated entity for biological mitigation credit or similar purpose, when a development project is approved. In addition to the land requirement, the property owner or developer shall provide public access to these areas, but outside the one hundred (100) year floodplain, via pedestrian and bicycle trails and related amenities, including appropriate signage, as approved by the Community Development Director and Public Works Director.
B. Visual accessibility to floodplains shall be via direct, single-frontage roadways along the length of any particular stream and associated floodplain section on or adjacent to property being developed, unless it can be demonstrated to the satisfaction of the Community Development Director and Public Works Director that a hardship (i.e., economic or inefficient lot layout/configuration) will occur as a direct result of this requirement. Should the developer successfully demonstrate such a hardship, the developer shall design the project to the extent practical to compensate for the loss of accessibility to the floodplain.
C. Both residential and nonresidential development within and adjacent to floodprone areas shall comply with the provisions of Title 19, and more particularly to the provisions in Chapter 19.20.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.050 Home occupations.
The purpose of this section is to set forth regulations for home occupations in order to permit the operation of home occupations by residents, to protect the neighbors and others within the community, and to ensure the compatibility of the occupation with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.050.01 Home occupation approval.
Applicants for a home occupation shall obtain a home occupation permit issued by the Community Development Department and a business license, pursuant to the Galt Municipal Code, from the Finance Department prior to establishing the home occupation. The Finance Department shall not issue a business license for a home occupation unless the Community Development Department has approved a home occupation permit.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.050.02 Prohibited home occupations.
The following uses are prohibited as home occupations, unless the home is serving as an office only for such uses which occur off site:
A. Medical, dental, chiropractic, or drug treatment clinics.
B. Massage.
C. Hospitals.
D. Animal services including but not limited to veterinarians, pet grooming, etc.
E. The repair or reconditioning of motor vehicles, mobile equipment, outboard motors, or marine motors.
F. Cabinet shops and similar wood working, metal working, or plastic working shops.
G. The repair or reconditioning of major appliances including refrigerators, freezers, clothes washers, clothes dryers, dishwashers, stoves, heating and air conditioning equipment, and similar types of equipment.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.050.03 Standards for home occupations.
The following requirements shall be complied with in connection with a home occupation:
A. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residence purposes and shall not change the residential character of the residence. Not more than twenty percent (20%) of the floor area of the dwelling unit, including the garage, shall be used for the occupation.
B. There shall be no mechanical equipment requiring power demands greater than normal household equipment. There shall be no equipment used or activity that creates or results in noise, dust, odor, or vibration that adversely affects the occupancy of the adjoining dwellings.
C. There shall be no use or storage of hazardous materials in type or quantity materially different from that permitted or commonly maintained in a dwelling unit.
D. There shall be no display of products produced by the home occupation visible in any manner from the outside of the dwelling unit.
E. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential zoning district nor in any case require the parking of more than four (4) vehicles at any one (1) time.
F. There shall be no unenclosed storage of material or supplies.
G. There shall be no change in the outside appearance of the building or premises, or any visible evidence of the conduct of such home occupation including advertising signs.
H. The home occupation shall be conducted by residents of the dwelling and no more than one (1) on-site employee. Additional off-site partners or employees are permitted only if they do not report for work at the subject property.
I. There shall be no products sold on the premises except artist’s originals or products individually made to order on the premises. Products which are not “artist’s originals” or “individually made to order” may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
J. Beauty/barbershops are limited to one (1) station.
K. Only one (1) class C license vehicle with no more than twenty (20) square feet of advertising may be kept in a visible location at the home from the public way.
L. Cottage food operations are allowed in compliance with the California Department of Public Health. Customers shall not pick up the foods at the residence. Sales must occur off site.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.060 Housing density bonus and incentives.
A. The purpose and intent of this section is to implement Chapter 4.3, Density Bonuses and Other Incentives, Section 65915 et seq. of the California Government Code, for the development of affordable housing and senior housing developments.
B. This section shall apply to residential projects providing moderate, low, and very low income housing and/or senior housing developments pursuant to Chapter 4.3, Section 65915 et seq. of the California Government Code.
C. Projects which meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the City Council adopts a written finding, based upon substantial evidence, that either:
1. The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c); or
2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
The applicant shall show that the density bonus is necessary to make the housing units economically feasible. Where development and zoning standards exist which would otherwise inhibit the utilization of the density bonus on specific sites, the City shall waive or modify the standards.
D. Procedures.
1. Density Bonus/Incentives Review. Density bonus/incentive review by the Planning Commission shall be required for projects involving density bonus and/or incentive requests. If no legislative entitlement is required, the Planning Commission shall have final approval authority. Appeals of a Planning Commission decision must be in accordance with Section 18.68.040. If a rezone or General Plan amendment is part of the project, the Planning Commission shall make a recommendation on the density bonus and incentives request but the City Council shall have final approval authority as part of the total project. Any special conditions of the City Development Code pertaining to the project shall also apply.
2. Regulatory Agreement. The City and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. This agreement shall be recorded with the Sacramento County recorder’s office. Resale of moderate income units shall be governed by Government Code Section 65915(c)(2).
3. Additional Conditions. In addition, reasonable conditions may be imposed to assure continued availability of such housing as very low, low or moderate income housing or for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.070 Manufactured home and mobilehome park standards.
The purpose of this section is to set forth standards for the development of manufactured homes and mobilehome parks.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.070.01 Development standards for a manufactured home or mobilehome located outside a mobilehome park.
A manufactured home or mobilehome located outside a mobilehome park shall conform to all of the residential use development standards for the zoning district in which it is to be located. In addition, a manufactured home or mobilehome shall conform to the following standards:
A. Certification. The manufactured home or mobilehome shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and must have been manufactured within ten (10) years from the date an application for the issuance of a permit to install the manufactured home or mobilehome is complete.
B. Foundation. The manufactured home or mobilehome shall be attached to a permanent solid concrete or masonry perimeter foundation system approved by the City.
C. Exterior Material. The manufactured home or mobilehome shall be covered with an exterior material commonly found on new conventionally built residential structures in the surrounding area and that extends to at least one (1) inch below the top of the foundation.
D. Roof Material. The manufactured home or mobilehome shall be roofed with composition shingles or other materials commonly found on conventionally built residential structures in the surrounding area.
E. Roof Overhang. The manufactured home or mobilehome shall have a roof overhang of not less than sixteen (16) inches measured from the vertical side of the structure.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.070.02 Development standards for a mobilehome park.
A mobilehome park shall conform to the following standards:
A. Area. Each park shall have an area of not less than five (5) acres.
B. Density. A mobilehome park shall conform to density standards for the multifamily (R3) zoning district.
C. Site Size. Each site for a mobilehome shall be not less than forty-five (45) feet wide and seventy (70) feet long.
D. Site Marking. Each site for a mobilehome shall be clearly defined and marked at all corners with stakes, monuments or other permanent means.
E. Yards.
1. Street Yards. A landscaped yard not less than twenty-five (25) feet wide shall be provided adjoining all public streets.
2. Interior Yards. A landscaped yard not less than ten (10) feet wide shall be provided adjoining all interior property lines.
3. Irrigation System. All required yards shall be provided an irrigation system and shall be properly maintained free of trash and weeds.
F. Setbacks. A minimum yard width of five (5) feet from the boundaries of each mobilehome site shall be provided for all mobilehomes, patio covers, porch covers, awnings, ramadas, and other structures, except that storage sheds for two (2) adjoining mobilehome sites may be located at the common lot line of the adjoining spaces.
G. Drainage Facilities and Utilities. All storm drainage facilities shall be placed underground in conformance with City standards. All utility distribution facilities (including but not limited to electric, communication, and cable television lines) installed in and for the purpose of supplying service to any mobilehome park shall be placed underground, except equipment appurtenant to underground facilities, such as surface- mounted transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts. All above-ground utility equipment shall be screened from view from the public or private street right-of-way and from adjacent properties. The developer is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved in the installation of said facilities.
H. Transient Use. Not more than ten percent (10%) of the spaces in a mobilehome park may be reserved for transient use by recreational vehicles.
I. Walls and Screening. Appropriate decorative screening of not less than six (6) feet in height shall be constructed along all boundaries adjoining other properties. The screening herein required shall be designed so as to effectively screen the property, and shall be constructed of masonry or wood.
J. Parking Requirements. Parking shall conform to Chapter 18.48.
K. Interior Access Drives. Access drives shall conform to the Galt Improvement Standards.
L. Group Facilities and Recreation Area. Group facilities shall be provided within an area as follows:
1. Not less than two hundred fifty (250) square feet of recreation area per mobilehome space;
2. All required recreation areas shall be landscaped and maintained in a dust-free condition.
M. Common Storage Area. Storage areas shall be provided for the storage of the residents’ boats, utility trailers, camping trailers, recreation vehicles and camper bodies as follows:
1. Not less than one hundred (100) square feet of vehicle storage area per mobilehome space;
2. The required storage areas shall be enclosed with a six (6) foot tall wood or wrought iron fence, or masonry wall.
N. On-Site Water System. All on-site water systems shall be private unless directed otherwise by the City Engineer. The private system shall include a City-approved backflow and meter device separating private and public water systems.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080 Mobilehome park conversion, closure, and cessation of use.
A. Mobilehomes are an important segment of the City’s affordable housing inventory as identified in the housing element of the General Plan. Existing mobilehome parks within the City are predominantly occupied by senior citizens who live on fixed incomes, and other low and moderate income persons and families. The mobilehome units in existing parks are predominantly owner-occupied units which are difficult to relocate due to the age of the units and the cost of moving and relocation. When a mobilehome in an existing park is sold, it is sold in place; rarely is a mobilehome in an existing park moved from its location once it has been placed in a park. There is a low vacancy rate within mobilehome parks in the City, and the number of vacant spaces in the county is small. Under the General Plan and state law, the City has an affirmative duty to protect and preserve its affordable housing stock.
B. The intent of this section is to ensure that any conversion to any other use, any closure or cessation of use of an existing mobilehome park in the City is preceded by adequate notice, that the social and fiscal impacts of the conversion, closure, or cessation of use of an existing park are adequately defined prior to consideration and that the reasonable costs of relocation are provided to current park residents, consistent with the requirements of state law and the City’s obligation to protect the health, safety, and welfare of its citizens.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.01 Definitions.
The following definitions shall apply whenever the following terms are used in this section:
A. “Applicant” means the person, firm, corporation, partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park in the City that is the subject of a proposed closure, cessation of use, or conversion.
B. “Cessation of use” means, with respect to a mobilehome park within the City, a decision by the applicant to discontinue the use of the property as a mobilehome park, when such decision is not a result of an adjudication of bankruptcy.
C. “Closure” means, with respect to a mobilehome park within the City, a decision by the applicant to stop or cease leasing twenty percent (20%) or more of the occupiable spaces within the park to qualified homeowners.
D. “Comparable mobilehome park” means any other mobilehome park, within or outside the City, that is substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation, shopping, doctors, hospitals, and churches, the job market in which a displaced resident is employed, and proximity to schools, if the existing mobilehome park allows children and any resident has school-age children.
E. “Conversion” means, with respect to a mobilehome park within the City, any use of the park for a purpose other than the rental, or the holding out for rent, of two (2) or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A conversion may affect an entire park or any portion thereof. “Conversion” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold, and any change which results in the elimination of more than two (2) mobilehome lots. However, “conversion” shall not include the subdivision of a mobilehome park for the purpose of converting the park to resident ownership; provided, that all requirements of California Government Code Section 66427.5, as it now exists or as it may in the future be amended, are satisfied.
F. “Mobilehome” means the definition provided in California Civil Code Section 798.3, as it now exists or as it may in the future be amended.
G. “Mobilehome park” means an area of land within the City where two (2) or more sites are rented or held out for rent for the purpose of accommodating mobilehomes for human habitation.
H. “Relocation plan” means a detailed plan for the relocation of existing tenants of a mobilehome park that is the subject of an application for a conversion permit, prepared by the applicant pursuant to Section 18.44.080.02, which shall be submitted to the Planning Commission with the application for a conversion permit and compliance with which shall become a condition of the conversion permit upon approval or conditional approval of the application.
I. “Resident impact report” means the report on the impact of the conversion of a mobilehome park on its residents and relocation costs prepared by an applicant for a conversion permit for such park pursuant to California Government Code Section 65863.7 or 66427.4, as applicable, as those sections now exist or as they may in the future be amended, and Section 18.44.080.04 and distributed to a resident of each mobilehome in the park at least fifteen (15) days prior to the public hearing of the Planning Commission on the application for a conversion permit.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.02 Permit required.
A. An applicant proposing the conversion, closure, or cessation of use of any mobilehome park shall apply for a conversion permit pursuant to this section, in addition to any other necessary discretionary land use permit application such as a tentative or parcel subdivision map or a conditional use permit. The applicant must submit an application in compliance with this section and Section 18.68.130.
B. The City shall provide written notice to the applicant of provisions of California Civil Code Section 798.56, as it now exists or as it may be amended in the future, and all other provisions of state and local law imposing upon the applicant a duty to notify residents of the proposed conversion, closure or cessation of use of the mobilehome park, including requirements of Sections 18.44.080.03 and 18.44.080.04 to provide copies of the resident impact report and the relocation plan, and shall specify therein that the applicant shall verify that residents of the park have been so notified by providing a verified statement to such effect under penalty of perjury, or by providing copies of mailing or distribution lists, or in such other manner as the Community Development Director may require in his or her reasonable discretion. Verification in the form specified in the City’s written notice shall be provided by the applicant with its application for a conversion permit, and no application may be accepted as complete until and unless such verification is provided.
C. After the Community Development Director has accepted the application as complete, the Planning Commission shall hold a public hearing to review and approve, conditionally approve, or deny the conversion permit application in compliance with this section and Section 18.68.060. In no event shall the public hearing of the Planning Commission occur within less than thirty (30) days after the City has provided written notice to the applicant of all tenant notification requirements of state and local law pursuant to Section 18.44.080.02(B). The public hearing of the Planning Commission on an application for a conversion permit shall be conducted in accordance with Section 18.68.060. The decision of the Planning Commission may be appealed to the City Council in accordance with Section 18.68.040(A)(6).
D. If a tentative or parcel subdivision map is required for the conversion of the mobilehome park, the conversion permit application must be submitted at the time of filing the tentative or parcel map, as applicable; any other discretionary land use permit application may be submitted after or concurrently with a conversion permit application.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.03 Contents of application.
A. At a minimum, each application for a conversion permit shall include all of the following, and such additional information as may be required by this section, the Planning Commission, or the Community Development Director to process the application:
1. Name and age of the mobilehome park that is the subject of the application.
2. Contact information for each of the following: the applicant; any person designated by the applicant to act on the applicant’s behalf; and relocation consultants acceptable to the applicant.
3. A detailed narrative description of the reason for the proposed closure, cessation of use, or conversion of the mobilehome park, and any proposed use to which the mobilehome park is to be converted following closure.
4. The proposed timetable for the closure, cessation of use, and/or conversion and development of the mobilehome park.
5. A detailed description, as of the date of submission of the application or, alternatively, as of the date of request of such information by the Community Development Director, of the mobilehome spaces within the park, including but not limited to:
a. The total number of mobilehome spaces in the park and the number of spaces occupied;
b. The length of time each space has been occupied by the present resident(s) thereof;
c. The age, size, and type of mobilehome occupying each space; and
d. A list of all resident-owned and all park-owned mobilehomes in the park.
6. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof (or estimates to the extent actual billings are not made available by the tenants).
7. A history of rent increases during the past two (2) years and evidence that any tenant’s rent has not been increased within the six (6) months immediately preceding the filing of an application for a conversion permit, and a statement from the applicant that the monthly rent at the mobilehome park shall not be increased after the applicant has submitted an application for a conversion permit, until a final decision is made to approve, conditionally approve, or deny the application and, if the application is approved or conditionally approved, for no less than three (3) years immediately following the effective date of the conversion permit, by an amount greater than the maximum rent increase established by state or local law, or, if no such maximum rent increase has been established, the average monthly percentage increase in the Consumer Price Index for the most recently reported period.
8. The resident impact report prepared pursuant to Section 18.44.080.04 and the relocation plan prepared pursuant to Section 18.44.080.05.
9. Evidence, of such form and content as required by the notice sent by the City to the applicant pursuant to Section 18.44.080.03, approved as to sufficiency by the Community Development Director in his/her reasonable discretion, of compliance with all requirements of California Civil Code Section 798.56, as it now exists or as it may be amended in the future, and all other requirements of state and local law regarding notice to mobile home park residents concerning the proposed conversion, including but not limited to providing at least fifteen (15) days’ written notice of the proposed conversion to a resident of each mobilehome in the park, and distribution of copies of the resident impact report and the relocation plan as required by this section. No hearing or any other action on the application for a conversion permit may be taken unless and until the applicant has satisfactorily verified that the residents and owners of mobilehomes within the park have been notified of the proposed conversion in the manner prescribed by state law and this section.
B. No application for a conversion permit shall be deemed complete nor shall any application for a conversion permit be processed according to the procedures set forth in this section unless and until the resident impact report and the relocation plan have been submitted, reviewed and approved as to their completeness and sufficiency by the Community Development Director or his or her designee(s) and sufficient evidence, as determined by the Community Development Director, of notification of park residents as required by state law, has been submitted.
C. Any application for a conversion permit shall be accompanied by a fee established by the City Council.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.04 Resident impact report required.
A. The applicant shall file with the conversion permit application a resident impact report on the impact of the conversion, closure, or cessation of use of the mobilehome park upon its residents. Any resident impact report filed with an application for a conversion permit shall include all of the information required by this section, as well as any other information deemed necessary and appropriate by the Community Development Director. The applicant shall provide a copy of the resident impact report to a resident of each mobilehome in the park not less than fifteen (15) days prior to the Planning Commission hearing on the conversion permit application.
B. The resident impact report shall include all of the following information regarding the availability of adequate replacement housing:
1. The name and mailing address of the current primary resident(s) of each mobilehome occupying a space in the park, and the name and mailing address of the current owner(s), if different from the current primary resident.
2. A description of the tenants in the park, including ages, income levels, and length of tenancy in the park. Estimates may be provided if actual data is not made available by the tenants.
3. A list of all comparable mobilehome parks within the City and within twenty (20) miles of the park. This list shall include the age of each comparable mobilehome park and the approximate age of mobilehomes therein; any size, age, or style restrictions applicable to mobilehomes in each comparable mobilehome park; the amenities and other relevant factors of each comparable mobilehome park that make it comparable to the park proposed for conversion; a schedule of rents for each comparable mobilehome park; a listing of vacancies in each comparable park; and any specific criteria used by the management of each comparable park for acceptance of new tenants (including age or family based restrictions) and used mobilehomes.
4. A list of proposed alternative housing options within the City, which shall include a detailed description of the comparable features of such housing, including but not limited to a schedule of rental rates (or comparable cost), unit sizes, amenities, restrictions on acceptance of new tenants or owners, including age or family based restrictions, and any other relevant factors which make the alternative comparable, and a survey of available units of the described alternative housing option within the City as of the date of the application.
5. A description of the ability of the proposed new use of the park, if any, to provide replacement housing for displaced tenants.
C. The resident impact report shall include all of the following information regarding relocation costs:
1. A detailed analysis of the economic impact of the relocation on the tenants of the park, including comparisons of current rents paid at comparable mobilehome parks within twenty (20) miles of the park and alternative housing options, the estimated costs of moving a mobilehome and personal property and any other direct or indirect costs associated with a relocation to another mobilehome park or alternative housing.
2. An estimate of the reasonable cost of relocation and moving expenses for relocation of residents of the park to a comparable mobilehome park, including but not limited to:
a. The cost of relocating a displaced resident’s mobilehome, accessories, and personal possessions;
b. The costs for disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site;
c. The cost for replacement or reconstruction of the garage, landscaping, blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing, if necessitated by the relocation;
d. The cost for insurance and indemnification by the applicant for any damage to personal property of the resident, including his or her mobilehome, caused by the relocation;
e. The cost of reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; and
f. The cost of security deposits and similar fees required for new tenants at the new site.
3. An estimate of the reasonable cost of relocation and moving expenses for relocation of residents of the park to alternative housing of the type proposed by the applicant pursuant to subsection B of this section, including but not limited to:
a. The cost of relocating a displaced resident’s personal possessions;
b. The cost of disposing of a displaced resident’s mobilehome and related accessories (which shall be payable in addition to the in-place value of a mobilehome purchased by the applicant pursuant to this subsection C, if appliable);
c. The cost for insurance and indemnification by the applicant for any damage to personal property of the resident caused by the relocation;
d. The cost of reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; and
e. The cost of security deposits and similar fees required for new tenants at the new site.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.05 Relocation plan.
A relocation plan for tenants of the mobilehome park who will be displaced by the conversion, closure, or cessation of use of the park shall be submitted for review and approval by the Planning Commission as part of the application for a conversion permit. A copy of the relocation plan must be provided to a resident of each mobilehome in the park not less than fifteen (15) days prior to the Planning Commission hearing on the conversion permit application. Compliance with the relocation plan submitted with a conversion permit application shall become a condition of the conversion permit upon approval or conditional approval of the application.
The relocation plan shall include, at a minimum, all of the following:
A. The relocation plan shall provide for the applicant to pay any park resident’s actual reasonable costs of relocation and moving expenses for relocation to a comparable mobilehome park within twenty (20) miles of the park, or to alternative housing in the City, including but not limited to all costs considered in the estimates provided in the applicant’s resident impact report. The amount payable by the applicant to displaced tenants shall be based on actual costs of relocation and moving expenses and shall not be limited to the estimates provided in the resident impact report. When any tenant, after having received sufficient notice of the application for a conversion permit for the park, has given notice of their intent to move prior to the approval of the conversion permit, eligibility to receive reasonable costs of relocation and moving expenses shall be forfeited.
B. The relocation plan shall include a list of the names, addresses, and telephone numbers of one (1) or more housing specialists, with an explanation of the services the specialists will perform at the applicant’s expense for residents displaced by the conversion, closure, or cessation of use of the park and a copy of the agreement or services contract, if any, the applicant will sign with such specialist to perform such services for the benefit of the residents. These services shall include, but need not be limited to, assistance in locating a suitable replacement mobilehome park or alternative housing, coordination of moving mobilehomes and/or personal property, and any other tasks necessary to facilitate displaced residents’ relocation to another comparable mobilehome park or alternative housing.
C. The relocation plan shall identify those mobilehomes that cannot be relocated to a comparable mobilehome park within twenty (20) miles of the park. The applicant shall be required to offer to purchase any mobilehome that cannot be relocated in conformance with this chapter. The offer to purchase the mobilehome shall be made in writing in the amount of the in-place market value of the mobilehome and shall remain open for no less than thirty (30) days. The in-place market value of the mobilehome shall be determined by the applicant with the agreement of the tenant after consideration of relevant factors, including the value of the mobilehome in its current location including the blocks and any garage, skirting, siding, porches, decks, storage sheds, cabanas, and awnings and assuming the continuation of the mobilehome park in a safe, sanitary, and well-maintained condition, and not considering the effect of the conversion, closure or cessation of use of the park, as applicable, on the value of the mobilehome. If a dispute arises as to the in-place value of a mobilehome, the applicant and the homeowner shall each have an appraisal prepared, at the applicant’s sole expense, by separate state-certified appraisers of each party’s choosing with experience in establishing the value of mobilehomes. The in-place value in disputed cases shall be calculated as the average of the appraisals submitted by the applicant and mobilehome owner.
D. In order to facilitate a proposed conversion, one (1) or more residents, whether or not through a residents’ or homeowners’ association, and the applicant may agree to mutually satisfactory conditions for relocation. To be valid, however, such an agreement must be in writing, must include a provision stating that the residents are aware of the provisions of this chapter, must include a copy of this chapter as an attachment, must include a provision in at least ten (10) point type that clearly informs the residents that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement, and must be drafted in such form and contain such content as otherwise required by applicable state law.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.06 Required findings for approval of conversion permit.
Approval or conditional approval of a conversion permit for the conversion, closure, or cessation of use of a mobilehome park must be based on express findings that the proposed conversion, closure, or cessation of use meets the following requirements, in addition to all other requirements under this chapter:
A. That the residents of the mobilehome park have been adequately notified of the proposed conversion, closure, or cessation of use of the park within no less than fifteen (15) days of the hearing conducted by the Planning Commission on the conversion permit application, and have received copies of the resident impact report and the relocation plan within such time as provided for in this chapter.
B. That the resident impact report prepared pursuant to Section 18.44.080.04 fully and adequately discloses and analyzes the potential impacts of the closure, cessation of use, or conversion of the mobilehome park on residents of the park.
C. For a conversion permit for the conversion of a mobilehome park to another use, that the proposed use of the property is consistent with the General Plan, any applicable specific plan or other applicable use restrictions, and state law and the City of Galt Municipal Code.
D. That the age, type, size, and style of mobilehomes that will be displaced as a result of the approval of the conversion permit will be able to be relocated into other comparable mobilehome parks within twenty (20) miles of the park, or that adequate amount(s) and type(s) of alternative housing exist to accommodate displaced tenants.
E. That the terms of the relocation plan submitted with the application for the conversion permit are sufficient to mitigate the adverse impacts of the conversion, closure, or cessation of use of the mobilehome park, including, at a minimum, that any mobilehome residents displaced as a result of the conversion, closure, or cessation of use of the park shall be compensated by the applicant for all reasonable relocation costs and moving expenses as provided in this chapter, and that the applicant shall purchase any mobilehome that cannot be relocated at its in-place value as determined in accordance with this chapter.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.07 Conditions of approval.
In addition to the relocation plan, compliance with which shall become a condition of an approved conversion permit, the Planning Commission, in approving any application for a conversion permit, shall impose any other necessary and appropriate conditions of approval to satisfy and implement the intent, purpose, and content of this chapter. In addition, any other necessary and appropriate conditions of approval to protect the health, safety, and welfare of citizens of the City may be imposed. The Planning Commission shall not deny, but may approve or conditionally approve, an application for a conversion permit for the closure or cessation of use of a mobilehome park, with no intended new use of the land as a mobilehome park, and no intended new use for any other purpose other than closure or cessation of use, provided the applicant has satisfactorily complied with all requirements of this chapter and there is no evidence that the applicant or prior owners have attempted to evict or otherwise cause the removal of residents from the park for the purpose of avoiding or reducing payment of relocation expenses.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.08 Effective date of conversion.
At the time of approval or conditional approval of a conversion permit, the Planning Commission shall establish the date on which the conversion permit will become effective. Such date shall not be less than eighteen (18) months from the decision of the Planning Commission; provided, that conversion at an earlier date may be approved if the Planning Commission receives a written petition requesting an earlier effective date signed by at least one (1) resident from two-thirds of the mobilehome spaces within the park prior to or at the time of its hearing on the application for a conversion permit. If the Planning Commission makes specific findings of the sufficiency of such petition, and the applicant satisfactorily complies with all provisions of the relocation plan submitted with its application and submits satisfactory evidence thereof to the Community Development Director, the effective date of the conversion permit shall be the date requested by such petition. Notwithstanding the foregoing, however, in no case shall any conversion permit become effective such that residents may be displaced from the park within six (6) months of the date of approval or conditional approval of the conversion permit.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.09 Issuance of grading and/or building permits.
No building permit shall be issued and no development activities shall occur, including grading, on any real property which is subject to any approved conversion permit unless and until the applicant has filed with the Community Development Director a verified statement made under penalty of perjury that all conditions of approval and all terms of the relocation plan have been met or otherwise incorporated into the final project plans, including but not limited to payment of all required relocation assistance.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.10 Lapse of conversion permit.
An approved or conditionally approved conversion permit, if not used for the purpose for which it was granted, whether conversion, closure, or cessation of use of a mobilehome park, shall lapse three (3) years after the effective date of the conversion permit as determined pursuant to Section 18.44.080.08. The Planning Commission may revoke a lapsed conversion permit after a public hearing at which it makes findings that the conversion permit has not been used for the purpose for which it was granted within three (3) years of the effective date. The Planning Commission shall not revoke a lapsed conversion permit if it finds, at its public hearing, that more than ten percent (10%) of eligible tenants or owners have been relocated in conformance with the relocation plan and any other conditions of approval of the conversion permit.
An applicant may request an extension of a conversion permit by submitting and setting forth justification for not having proceeded within the three (3) year period. Any application for an extension of a conversion permit must be filed with the Community Development Director at least thirty (30) days prior to the expiration of the conversion permit or any prior extension thereof. Upon receipt of a valid application for extension of a conversion permit, the Planning Commission shall hold a public hearing on the application and, upon completion, of the public hearing, may approve, conditionally approve, or deny the application for extension.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.080.11 Revocation of conversion permit.
The Planning Commission may revoke a conversion permit as set forth in Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.090 Mobile food vending.
18.44.090.01 Purpose.
The purpose of this section is to allow mobile food vending in certain locations, while also protecting existing restaurants.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.090.02 Definitions.
The following definitions shall apply whenever the following terms are used in this section:
A. “Mobile food vendor” means a person who prepares food items for service, sale, or distribution by means of a vehicle.
B. “Mobile food vendor permit” means a permit issued to a mobile food vendor by the Community Development Department for the long-term placement of a mobile food vendor on a site.
C. “Portable unit” means a vehicle trailer needed in conjunction with the vending/sales activity (i.e., barbecue grill, pit, smoker, etc.).
D. “Single location” means a new location within a five hundred (500) foot radius of the original location.
E. “Vehicle” means a motorized vehicle, as well as a trailer or other portable unit that is drawn by a motorized vehicle and is intended for use in vending.
F. “Vend” means to sell or offer to sell food products from a vehicle.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.090.03 Standards for mobile food vendors.
Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors (including ice cream trucks):
A. All mobile food vendors operating on private property shall obtain a mobile food vendor permit from the Community Development Department subject to the standards in this section.
B. Mobile food vendors are allowed in the zoning districts noted in Tables 18.20-1, 18.28-1, and 18.32-1. Mobile food vendors are also allowed at event locations which have been issued a special event permit.
C. All mobile food vendors shall acquire any necessary business license as required by Title 5, Business Taxes, Licenses and Regulations.
D. All mobile food vendors shall comply with the California Vehicle Code and California Health and Safety Code.
E. Each mobile food vendor shall comply with all applicable Sacramento County Environmental Management Department regulations and prominently display all health permits issued to the vendor by the Sacramento County Environmental Management Department.
F. Hours of operation shall be no earlier than seven a.m. and no later than ten p.m. and no overnight parking shall be permitted.
G. Mobile food vendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
H. No permanent physical structures or facilities are used as integral parts of the sales or order taking operations.
I. No signage, including temporary signage, is allowed, except that the vehicle or portable unit may include signage which is affixed thereto but only to the extent such signage is not prohibited by Chapter 18.56, Sign Standards.
J. The site must be kept free of any litter or debris at all times.
K. The installation of permanent or temporary tables, chairs, tents, or coverings for dining areas (including tarps and umbrellas) is prohibited, except when the use of such facilities has been approved by means of a site plan review or in conjunction with a special event permit.
L. Vehicles or portable units used in the operation may not occupy, unless otherwise permitted in conjunction with a special event permit properly issued by the City of Galt Parks and Recreation Department, per Chapter 9.38, Special Events:
1. Required parking spaces or required drive aisles; or
2. Required loading zones.
M. Operations on Private Property.
1. Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a three hundred fifty (350) foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor’s operations. The mobile food vendor must be able to demonstrate property owner authorization as provided in this section.
2. Mobile food vendor shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary uses(s) of the site during peak periods as determined by the Community Development Director.
3. Mobile food vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
4. Mobile food vendors shall not operate within three hundred fifty (350) feet of a public or private school in which children at or below the twelfth grade level are enrolled, and which is in session.
5. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act (ADA) free of customer queuing, signage, and/or all portions of the vehicle for the clear movement of pedestrians.
N. Operations in Public Right-of-Way.
1. Mobile food vendors shall only be allowed at a location within the public right-of-way for as long as it takes to make a sale and then shall move to a new location. No parking shall be allowed.
2. Mobile food vendors shall not stop, stand, or park in any clear vision triangle or no parking zone.
O. The vending/sales activity shall not operate within one hundred fifty (150) feet from residential development except where the location is part of a mixed use development.
P. A mobile food vendor may not be parked or stored on any residential property or local residential street.
Q. No vendor may operate at a single location in the C, HC, or DC zoning designated areas for more than four (4) hours within any twenty-four (24) hour period except with a special event permit.
R. No more than one (1) vendor is permitted at a single location within any twenty-four (24) hour period except with a special event permit. Vendors shall not be located closer within a three hundred fifty (350) foot radius of another vendor except with a special event permit.
S. Such vending is permissible on undeveloped lots or unpaved surfaces, but only to the extent that such vending complies with all applicable air quality standards adopted by the Sacramento Metropolitan Air Quality Management District.
T. On unpaved lots, such vending is limited to a maximum disturbance area (including vehicles, parking and customer areas) of five thousand (5,000) square feet, regardless of the overall lot size.
U. Mobile food vendors shall not:
1. Have any exclusive right to any location upon the streets, sidewalks, alleys, or public grounds of the City; or
2. Vend in any congested area where the operation will impede pedestrian or vehicle traffic.
V. The provisions of this section do not apply to the operation of a mobile food vendor at a particular location if and to the extent the vendor is operating at that location pursuant to a contractual arrangement with the City.
W. Ice cream trucks are permitted within residential zones so long as they shall park no longer than required in order to complete a single transaction adjacent to the premises or residences of the customer.
X. No additional parking is required beyond that which is required for the principal use(s) on the site.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.100 Noise.
18.44.100.01 Purpose.
The purpose of this section is to ensure that new residential development within the City is designed and constructed in a manner that ensures that noise levels defined in this section are not exceeded, nor are noise levels detrimental to the public health, safety, welfare, and peace and quiet of the inhabitants of the City.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.100.02 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
A. “Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
B. “A-weighted sound level” means the sound level in decibels as measured with a sound level meter using the A-weighted network (scale) at slow meter response. The unit measurement is referred to herein as dB(A) or dBA.
C. “City” means the incorporated area of the City of Galt.
D. “Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.
E. “Decibel (dB)” means a unit for the measurement of sound.
F. “Director” means the City of Galt Community Development Director, or his/her designee.
G. “Hertz” means a unit of measurement of frequency, numerically equal to cycles per second.
H. “Impulsive noise” means a noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, such as might be produced by the impact of a pile driver, punch press or a drop hammer.
I. “Noise level” means the sound level in decibels obtained by using a sound level meter.
J. “Residential property” means a parcel or real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
K. “Simple tone noise” or “pure tone noise” means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.
L. “Sound level meter” means an instrument meeting American National Standards Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
M. “Sound pressure level” means a sound pressure level of sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13-1921; that is, twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
N. “Zone” means any of the zoning classifications specified in the Galt Development Code.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.100.03 Sound level measurement.
A. Any noise measurement made pursuant to the provisions of this section shall be made with a sound level meter using the A-weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data.
B. The exterior noise levels shall be measured within fifty (50) feet of the affected noise- sensitive land use, such as residences, schools, churches, hospitals and public libraries. Where practical, the microphone shall be positioned three (3) to five (5) feet above the ground and away from reflective surfaces. The interior noise levels shall be measured within the affected dwelling unit, at points at least four (4) feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.100.04 Exterior noise standards.
A. All new residential units constructed in the R1A, R1B, R1C, R2, R3, R4, DR, MU, and DMU zones shall be designed in a manner so as to not exceed the noise levels set forth in Table 18.44-1.
|
Noise Level Descriptor |
Daytime (7 a.m. - 10 p.m.) |
Nighttime (10 p.m. - 7 a.m.) |
|---|---|---|
|
Hourly Leq dB |
50 |
45 |
|
Maximum Level, dB |
70 |
65 |
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.100.05 Interior noise standards.
A. All new residential units constructed in the zones listed in Section 18.44.100.04 shall be designed in a manner so as when the noise level is measured within a unit’s living area during the period from ten p.m. to seven a.m., it shall not exceed:
1. Forty-five (45) dBA for a cumulative period of more than five (5) minutes in any hour;
2. Fifty (50) dBA for a cumulative period of more than one (1) minute in any hour;
3. Fifty-five (55) dBA for any period of time.
B. If the ambient noise level exceeds that permitted by any of the noise level categories specified in subsection A of this section, the allowable noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.110 Nonconforming buildings and uses.
The purpose of this section is to set forth the provisions that shall govern the continuance of nonconforming buildings and uses legally existing at the time of the passage of this code or which may be caused by any amendments hereafter made.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.110.01 Nonconforming buildings.
Except as otherwise provided in this code, nonconforming buildings may be maintained under the following provisions:
A. Repairs and Maintenance. Except as otherwise provided in subsection C of this section, a nonconforming building may be repaired and maintained.
B. Additions.
1. A building nonconforming as to height, area, or setback regulations shall not be added to or enlarged, unless such additions conform to all the regulations of the district in which it is located.
2. No nonconforming building shall be moved in whole or in part to any other location on the lot, unless every portion is made to conform to all the regulations of the district in which it is located.
C. Restoration of Damaged Buildings. A nonconforming building which is damaged or partially destroyed by fire, calamity or act of God to the extent of not more than fifty percent (50%) of its replacement value (value as determined by the Community Development Director based upon best available information) at that time may be restored, provided the total cost of such restoration does not exceed fifty percent (50%) of the value of the building at the time of such damage. In the event such damage exceeds fifty percent (50%) of the value of the building, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of the district in which it is located.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.110.02 Nonconforming use.
The regulation of a nonconforming use shall be as follows:
A. Continuation and Change of Use. Except as otherwise provided in this code:
1. A nonconforming use that existed at the time this code became effective may be continued.
2. A nonconforming use may be changed to another nonconforming use that, in the opinion of the Community Development Director, is of the same or more restrictive nature.
3. A nonconforming use that existed at the time this code became effective and is now a use that requires approval of a conditional use permit shall be deemed to have a conditional use permit for said use as it existed prior to adoption of this code.
B. Discontinuation. If such nonconforming use of land or any portion thereof is discontinued for one (1) year, any future use of land shall be in conformity with the provisions of this code.
C. Expansion Prohibited. No such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property except as otherwise provided in this code. A nonconforming use deemed to have a conditional use permit pursuant to this code, may be expanded, provided the Planning Commission reviews and approves or conditionally approves the expansion in accordance with procedures set forth in Section 18.68.130.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.110.03 Nonconforming parcels.
A. A parcel which is shown on a subdivision or parcel map which was duly approved and recorded prior to July 1, 1975, or for which a deed or valid contract of sale was of record prior to July 1, 1975, and which had a legal area, frontage, width, and depth at the time the subdivision map, parcel map, deed, or contract of sale was recorded, may be used for a permitted use or a conditionally permitted use in the district in which it is located even though the parcel has an area, frontage, width, or depth less than the minimum prescribed for the district in which the parcel is located. Such parcels shall be subject to all other regulations for the district except as provided in Section 18.44.110.01(C).
B. Notwithstanding subsection A of this section, parcels located in any R2 zone which conformed to all requirements of this chapter as of the date of the adoption of Ordinance 85-04 (April 16, 1985) shall be deemed to be conforming parcels.
C. In any zoning district for which a minimum lot area is established, a lot of record having less than the required area and/or width, which was so described on the tax rolls of the City on or before July 1, 1975, shall be developed in conformance with all the development standards of the zoning district in which the lot is located. If the width of the lot is substandard, the required interior side yard setback may be reduced by an amount proportional to the amount by which the lot width falls below the zoning district requirement; provided, that no required side yard setback shall be reduced to less than three (3) feet.
D. If the lot rears upon an alley, one-half of the alley to a maximum of ten (10) feet may be considered as part of the lot and of the rear yard.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120 Reasonable accommodation.
18.44.120.01 Purpose.
The purpose of this section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120.02 Applicability.
A. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Development Code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this section, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.
B. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
D. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120.03 Procedure.
A. A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of Community Development, and shall contain the following information:
1. The applicant’s name, address, and telephone number;
2. Address of the property for which the request is being made;
3. The current use of the property;
4. The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
5. The Development Code provision, regulation, or policy from which reasonable accommodation is being requested; and
6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, etc.), then the applicant shall file the information required by subsection A of this section for concurrent review with the application for discretionary approval.
C. A request for reasonable accommodation shall be reviewed by the Director of Community Development or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
D. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120.04 Approval findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
A. Whether housing in the request will be used by a person with a disability under the Acts;
B. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
C. Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the City;
D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
E. Potential impact on surrounding uses;
F. Physical attributes of the property and structures; and
G. Other reasonable accommodations that may provide an equivalent level of benefit.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120.05 Conditions of approval.
In granting a request for reasonable accommodation, the Director of Community Development or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.120.06 Appeals.
A. Any person dissatisfied with any action of the Director of the Community Development pertaining to this section may appeal to the Planning Commission within ten (10) days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Community Development and shall specify the reasons for the appeal and the grounds asserted for relief.
B. Any person dissatisfied with any action of the Planning Commission pertaining to this section may appeal to the City Council within ten (10) days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Community Development and shall specify the reasons for the appeal and the grounds asserted for relief.
C. The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
D. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.
E. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten (10) days prior to the hearing.
F. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
G. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.130 Recycling facility standards.
The purpose and intent of adopting these standards and regulations is to divert fifty percent (50%) of all solid waste through source reduction, recycling, and composting activities in an effort to decrease the impact of citizens’ consumption of renewable and nonrenewable materials to the environment. All new multiple-family uses of five (5) or more units, commercial, industrial, and institutional uses shall provide adequate, accessible, and convenient facilities for collecting and loading recyclable materials in accordance with the following standards:
A. Enclosed recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation. Location, type, and placement of trash and recycling containers shall be reviewed and approved by the Community Development Department prior to construction or placement on any development site. A statement of recycling information and a plan shall be submitted showing the location(s) of trash and recycling enclosure(s) on a site plan and elevations of the design of the trash and recycling enclosure(s).
B. The design and construction of recycling areas shall maximize the security of any recyclable materials placed therein.
C. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.
D. Driveways and/or travel aisles shall provide unobstructed access for collection vehicles and personnel.
E. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.
F. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing and landscaping.
G. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project shall be located within the recycling area.
H. Recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to but separated from the solid waste collection areas.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.140 Refuse container standards.
A. Number and Size of Containers.
1. Multifamily Residential Projects. Multifamily residential projects developments shall provide one (1) thirty (30) gallon refuse container for each unit or a common refuse container(s) with the capacity of one (1) cubic yard for five (5) units or less. For the purpose of this section, a one (1) yard container is equivalent to five (5) thirty (30) gallon containers.
2. Commercial and Industrial Projects. Commercial and industrial developments shall provide refuse containers in a number and size so as to adequately hold the refuse generated by the development on a daily, weekly or other collection basis.
B. Location of Containers.
1. Multifamily Residential Projects. Refuse containers shall be located so as to be roughly equidistant from all the residential units. Location shall be clearly shown on a site plan.
2. Commercial and Industrial Projects. Refuse containers shall be located so as to provide ease of access for collections trucks, while, at the same time, be placed out of the public view. The location shall be clearly shown on a site plan.
C. Screening of Containers. Where three (3) or more standard thirty (30) gallon cans are grouped together or where a one (1) yard or larger container is located, that area shall be screened by a six (6) foot high, view obscuring masonry wall architecturally treated to match the principal on-site building(s) on three (3) sides (see Figure 18.44-3). The fourth side must be gated with a solid, decorative metal gate that shall remain closed at all times except when containers are being removed or replaced. A separate pedestrian opening shall be installed to allow access without opening the gates.
Figure 18.44-3
Screening of Trash Enclosure 
D. Container Pad Size and Material. The pad for the container must be a minimum of nine (9) feet by ten (10) feet but may be required to be larger to accommodate recycling as well as refuse. The pad shall be constructed of concrete with a six (6) inch curb on three (3) sides. The approach for the container pad shall also have a concrete approach area sufficient for the collection trucks to operate.
E. Water Outlets. Water outlets shall be provided within fifteen (15) feet of the edge of the enclosure.
F. Drainage. Adequate drainage shall be provided within and around the pad area.
G. Bollards. Only decorative bollards may be installed at the exterior of the enclosure.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.150 Reserved.
18.44.160 Telecommunication facilities.
The purpose of this section is to set forth regulations for the installation of satellite receiving dishes and wireless communication facilities in order to permit reasonable use of such equipment while protecting neighbors and others within the community from unsightly intrusion.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.160.01 Standards for satellite receiving dish installation.
All applicants for proposed installation of a satellite receiving dish that is larger than one (1) meter in diameter in all special purpose, residential, and mixed use zoning districts shall obtain a building permit from the Building Division prior to installation of the dish. The Building Division shall not issue a building permit for installation of a satellite receiving dish unless the Planning Division has approved a zoning conformance check of the installation plan in accordance with Section 18.68.080.
Satellite receiving dishes larger than one (1) meter in diameter shall be installed and maintained in accordance with the following standards:
A. Such dishes shall be screened, to the extent possible, by a fence, wall, or dense screening hedge to a minimum height of six (6) feet. No such dish shall be visible from a public right-of-way.
B. No part of the dish or its supporting structure, in any rotational position, shall extend closer than five (5) feet to any property line.
C. Ground-level installation is required unless it can be shown to the satisfaction of the Community Development Director that there is no feasible location on the ground from which transmission can be received. The dish shall be securely mounted and anchored to the ground or a building in accordance with the requirements of the manufacturer and the building code.
D. The dish shall not be permitted in the front yard or, in the case of corner lots, a street side yard setback.
E. All electrical and antenna wiring shall be placed underground or otherwise obscured from view from any public right-of-way.
F. All dishes shall be neutral in color or black and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two (2) inches in height.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.160.02 Standards for wireless communication facilities.
A. As part of the application process, applicants for wireless communication facilities shall provide written documentation demonstrating a good faith effort to locate facilities in accordance with the following guidelines:
1. Where possible, the applicant shall use camouflaged facilities or antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna.
2. Facilities should be located where existing vegetation, buildings, or other structures provide the greatest amount of screening.
3. Ground-mounted wireless facilities should be located in close proximity to existing above-ground utilities, such as electrical substations, utility poles, light poles, water tanks, or trees of comparable height.
4. Wireless communication facilities shall be located in the following order of preference:
a. Co-located with other wireless communication providers on existing poles.
b. Located on an existing structure such as a building or tower.
c. Located in an industrially zoned district.
B. Development and Design Standards.
1. Height. All zoning requirements relative to height shall apply to a wireless communication facility. However, a ten (10) foot height bonus may be permitted to provide for co-locations.
2. Facilities shall be located to minimize views from the public right-of-way by siting them behind tall buildings or placing them near existing tall trees.
3. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning or other required seals or legally required signs.
4. All accessory equipment associated with the operation of a facility, including cables, shall be located within a building enclosure or underground vault subject to City approval. If the equipment is to be located above ground, it shall be visually compatible with surrounding buildings and include sufficient landscaping to screen the structure from public view. Visible cable trays are prohibited.
5. Wireless communication facilities shall have subdued colors and use nonreflective materials which blend with surrounding materials and colors.
6. Poles shall be designed to prevent unauthorized climbing.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.44.170 Utility equipment screening.
All above-ground utility equipment and appurtenances shall:
A. Be located at the rear of the site to the extent feasible; and
B. Be completely screened from off-site public view by landscaping, decorative walls that are consistent in design with the primary building on the site and/or a combination of both, and as required by the Galt Landscape Design Guidelines.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)