CHAPTER 12.112
GENERAL APPLICATIONS
SECTION:
12.112.010: Commercial And Industrial Performance Standards
12.112.020: Accessory Dwelling Units
12.112.030: Accessory Structures And Uses
12.112.090: Trash, Garbage And Recycling Container Enclosures
12.112.100: Manufactured Dwellings
12.112.110: Street Improvements
12.112.010 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS:
A. Specific Purposes: The performance standards established in this section apply in all commercial and industrial zones. These standards are intended to assure that all commercial and industrial operations carried out in the city are conducted in such a manner so as to avoid any nuisance, hazard or commonly recognized offensive condition or characteristic adverse to the public health, safety, and general welfare.
B. Prohibition Of Dangerous Or Objectionable Elements: No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable, explosive or other hazard. Nor shall any use create noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold or dampness; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to unreasonably adversely affect the surrounding area or adjoining premises.
C. Performance Standards: The following performance standards shall apply to all uses of property in the commercial and industrial zoning districts specified in chapters 12.76, 12.80, 12.84 and 12.88 of this title.
1. Fire And Explosive Hazards: All activities involving storage of flammable or explosive materials shall comply with the California building and fire codes.
2. Radioactive Or Electrical Disturbance: No activities shall be permitted which will cause physical hazard by reason of radiation or similar cause to property in the same or adjacent zones or that emit electrical disturbance affecting the operation of any equipment other than that of the creator of such disturbance.
3. Noise: At the lot line of all uses specified in chapters 12.76, 12.80, 12.84 and 12.88 of this title, the maximum sound generated by any user shall not exceed seventy five (75) dBA when adjacent users are industrial or wholesale users. When adjacent to offices or retail, the sound level shall be limited to seventy (70) dBA. When users are adjacent or contiguous to residential, park or institutional uses, the maximum sound level shall not exceed sixty (60) dBA. Excluded from these standards are occasional sounds generated by temporary construction activities or warning devices.
4. Vibration: No vibration shall be permitted which is discernible without instruments at the lot line of the establishment or use.
5. Smoke: No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than no. 2 on the "Power’s Micro Ringelmann Chart", published by McGraw-Hill, Inc.
6. Odors, Flying Ash, Dust, Fumes, Vapors, Gases And Other Forms Of Air Pollution: All uses shall conform with applicable standards established by the Monterey Bay air pollution control district (MBAPCD), adopted herein by reference.
7. Glare: No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at a distance of five hundred feet (500’) from said establishment or use.
8. Liquid Or Solid Wastes: All liquid and solid waste discharge shall be in compliance with this code and other city requirements.
9. Traffic: No use shall generate vehicular traffic which would cause an adjacent arterial or collector road to exceed a traffic carrying capacity of level of service "C" without providing appropriate mitigation measures in the form of roadway improvements, traffic control devices, restrictions on hours of operation or staggered work hours. Traffic generating potential shall be determined by use of Caltrans trip generation studies or other information acceptable to the director of public works. In the event an adjacent arterial or collector is already below level of service "C", appropriate mitigations shall offset any significant impact on the traffic carrying capacity of the road. (Ord. 2000-03, 8-7-2000)
12.112.020 ACCESSORY DWELLING UNITS:
A. Intent. The intent of this section is to allow accessory dwelling units that:
1. Contribute needed housing to the community’s housing stock;
2. May be rented but may not be sold separately from the primary residence;
3. Are within a residential zoning district; and
4. Are consistent with the intent and requirements of Government Code section 65852.2.
B. Definitions.
1. Accessory Dwelling Unit (ADU). Whether "within" an existing residence, "attached" or "detached," an ADU shall consist of complete independent living facilities for one or more persons including permanent provisions for sleeping, living, eating, cooking, and sanitation.
2. "Living area" includes the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
3. "Primary residence" means a residence on a parcel designated in the zoning map to be used for residential purposes.
4. "Junior accessory dwelling unit" ("JADU") means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share such facilities with the existing structure, must include at least an efficiency kitchen as defined in Government Code section 65852.2, and must have a separate ingress/egress from the primary residence.
C. Site Plan and Building Permit Required. The city shall issue a building permit for an ADU; provided, that the applicant submits an application and site plan that comply with all development standards in subsection D of this section. The city shall act on the application to create an ADU within sixty (60) days from the date an application is complete if there is an existing single-family or multi-family dwelling on the lot. If the application involves an ADU where there is also an application for a new primary dwelling on the lot, then the city may delay action on the ADU application to coincide with the single-family dwelling application as long as the city applies the ministerial review required by this chapter. Applicants may request a delay or waive the sixty (60) day approval period. Notwithstanding any provision of this chapter, an ADU does not exceed the allowable density for any lot upon which it is located and is a residential use that is consistent with the existing general plan and zoning designation for the lot.
D. Development Standards.
1. An ADU "Within" an Existing Residence. An ADU located entirely within the structure or footprint of the living area of an existing residence, or attached or detached garage, or other accessory structure is permitted as long as it meets all applicable building and safety codes and side and rear setbacks are sufficient for fire and safety. An ADU within an existing residence may include an expansion of up to one hundred fifty (150) square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress. No other development standards in this subsection D are applicable, except the following:
a. Only one ADU or JADU within an existing residence is allowed per lot unless a building permit or permits are obtained for multiple ADUs under subsection F of this section.
b. Notwithstanding subsection D1a of this section, one ADU or JADU within an existing residence is allowed on a lot that also contains one detached ADU.
2. ADUs "Attached" to an Existing Primary Dwelling Unit. Attached ADUs shall be attached to the existing dwelling as an "attached structure" as set forth in section 12.08.020, Definitions, and shall comply with the following:
a. If the attached ADU contains one bedroom, it shall not exceed eight hundred fifty (850) square feet. If the attached ADU contains more than one bedroom, it shall not exceed one thousand (1,000) square feet. In no event shall an attached ADU exceed fifty percent (50%) of the square footage of the primary dwelling unless this limit would preclude an eight hundred fifty (850) square foot one-bedroom ADU or a one thousand (1,000) square foot ADU with multiple bedrooms, or a statewide exemption ADU, as defined in subsection E of this section.
b. All other development standards required by this subsection D.
3. ADUs "Detached" From Existing Primary Dwelling Unit. Detached ADUs shall comply with the following:
a. Detached ADUs shall not exceed one thousand two hundred (1,200) square feet.
b. All other development standards required by this subsection D.
4. An ADU must meet all applicable building and safety codes and must be located on a legal lot as defined by title 13, Subdivision Regulations.
5. An ADU must be located on a lot zoned for single-family or multi-family residential uses.
6. An ADU must be located on a lot containing exactly one existing, legal, single-family dwelling or at least one existing, legal, multi-family building, except when an applicant is applying for a permit to build a primary dwelling unit and an ADU at the same time.
7. An applicant for an ADU building permit must be the owner of the primary dwelling but need not reside in that primary dwelling or the ADU.
8. Parking requirements for ADUs shall not exceed one space per unit, except that studios are not required to provide parking. Parking requirements shall be waived if the ADU is located: (a) within one-half mile of a public transit stop; (b) in a designated historic district; (c) in part of an existing primary residence, or an existing accessory structure pursuant to subsection D1 of this section; (d) in an area requiring on-street parking permits not offered to the ADU occupant; or (e) within one block of a car-sharing pickup/drop-off location.
9. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking is encouraged, but not required.
10. An ADU must meet the height requirements of the zoning district in which it is located, except that detached ADUs or ADUs located above existing, legal, detached structures cannot exceed the height of the primary residence. If it is the case that an existing, detached, nonconforming building exceeds the height of the existing primary residence the non-conforming building to be converted to an ADU may exceed the height of the primary residence.
11. Except for an ADU constructed entirely within existing residences pursuant to subsection D1 of this section, all ADUs must be separately metered and shall include separate shutoffs for all utilities.
12. ADUs are encouraged, but not required, to be compatible with the architectural design, character and finish of the primary residence.
13. If an ADU will be constructed on property where the primary residence is an historic structure, said ADU shall be sited and designed to "complement" the historic residence. The design of the ADU shall be reviewed and approved by the community development director, and/or an historic building consultant.
14. Side and rear setbacks shall not be more than four feet (4’). The rear of an ADU shall not face a public road or street if within twenty feet (20’) of the property line fronting that public road or street.
15. If the primary residence, whether existing or proposed, is required to have fire sprinklers, then sprinkler installation is also required for the ADU.
E. Statewide Exemption ADUs.
1. Notwithstanding any of the requirements or development standards of this chapter, building permits shall be issued for ADUs or JADUs in the following circumstances:
a. One ADU within an existing residence located in an existing or proposed single-family dwelling if the ADU has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire and safety.
b. One JADU within an existing residence located in an existing or proposed single-family dwelling if the JADU has exterior access separate from the primary dwelling, sufficient side and rear setbacks for fire safety, and meets all requirements of subsection G of this section.
c. One detached, new construction ADU on a lot with an existing or proposed single-family dwelling that does not exceed four-foot (4’) side and rear setbacks, has a total floor area of no more than eight hundred (800) square feet, and does not exceed sixteen feet (16’) in height. An ADU approved pursuant to this subsection E1c may be combined with a JADU described in subsection E1b of this section.
d. Multiple ADUs within the portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each ADU complies with state building standards for dwellings. At least one ADU and up to twenty five percent (25%) of the number of existing multi-family dwelling units shall be allowed within an existing multi-family dwelling. No more than two (2) detached ADUs are allowed on a lot with an existing multi-family dwelling, subject to a height limit of sixteen feet (16’) and four-foot (4’) side and rear setbacks.
2. No applicant for a building permit for a statewide exemption ADU under subsection E1 of this section shall be required to do any of the following:
a. Correct nonconforming zoning conditions.
b. Install fire sprinklers unless they are required for the primary residence.
c. Install new or separate utility connections or pay any connection fee or capacity charge, unless the ADU is constructed with a new single-family home.
3. Statewide exemption ADUs constructed pursuant to this subsection E cannot be rented for a term less than thirty (30) days.
4. An applicant for a building permit for a statewide exemption ADU may be required to provide proof of a percolation test within the last five (5) years (or ten (10) years if the percolation test has been recertified).
F. JADU Development Standards.
1. One JADU may be built per residential lot zoned for single-family residences with an existing or proposed single-family residence.
2. The owner of the existing or proposed single-family residence must reside in the JADU or the remaining portion of the single-family residence unless the owner is a governmental agency, land trust, or housing organization.
3. JADUs are not considered separate or new units for purposes of providing service for water, sewer, or power, including connection fees.
4. JADUs are not required, but are encouraged, to provide parking spaces.
5. The owner of the single-family lot upon which a JADU is constructed must record a deed restriction that: (a) complies with Government Code section 27281.5, (b) runs with the land, (c) states that the JADU cannot be separately sold from the single-family residence, (d) states that the deed restriction can be enforced against future purchasers, and (e) states that the size and attributes of the JADU must conform to the requirements of this section and state law.
G. Development Impact Fees.
1. From the effective date of this section through the period ending February 28, 2025, the Gonzales impact mitigation fees, as established in chapter 1.48, are not required to be paid for any ADUs regardless of size. This fee waiver will automatically expire without any further action of the city council on February 28, 2025.
2. Commencing March 1, 2025, for ADUs less than seven hundred fifty (750) square feet no development impact fees will be collected as allowed by state law. Commencing March 1, 2025, for ADUs seven hundred fifty (750) square feet or greater, the Gonzales development impact fees in effect when the ADU application is filed will be charged in proportion to the square footage of the primary dwelling (e.g., a one thousand (1,000) square foot ADU would be charged fifty percent (50%) of the applicable fee if the primary dwelling is two thousand (2,000) square feet). Commencing March 1, 2025, ADUs on lots with a single-family residence are subject to single-family unit fees, while ADUs on lots with a multi-family residence are subject to multi-family unit fees. Notwithstanding the foregoing, unless an ADU is constructed with a new single-family dwelling, it is not considered a "new" residential use for the purpose of calculating any connection fees or capacity charges. All fees are subject to the requirements of Government Code section 65852.2 and the Mitigation Fee Act. Nothing in this section precludes the Gonzales Unified School District (GUSD), the Transportation Agency for Monterey County (TAMC), or any other agency that may arise in the future that may have jurisdiction, from charging impact fees on ADUs. (Ord. 2004-29, 9-20-2004; amd. Ord. 2020-121, 2-18-2020; Ord. 2021-128, 10-4-2021)
12.112.030 ACCESSORY STRUCTURES AND USES:
A. Accessory Buildings Allowed: In residential zones (identified by this chapter), accessory buildings located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and freestanding patio covers are allowed.
B. Development Standards: The following development standards shall apply to all accessory structures and uses in all residential districts:
1. A detached garage or accessory building shall not exceed fifteen feet (15’) in height and no more than one story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only.
2. Shall not be allowed in a required front or side yard.
3. Shall be at least five feet (5’) from any other structure located on the small lot.
4. Do not occupy more than fifteen percent (15%) of the lot, to be calculated exclusive of the required building setbacks. Any accessory structure in excess of four hundred fifty (450) square feet requires the approval of the planning director.
5. May be connected by a breezeway if placed on the lot as required by this title.
6. No detached accessory building shall be placed on a corner lot so as to occupy any part of the front half of the lot unless the accessory building is screened by a fence a minimum of six feet (6’) high. (Ord. 2001-13, 11-19-2001)
12.112.040 REQUIRED YARDS:
A. General Restrictions: Except as otherwise provided in this chapter, required yards are to be unobstructed by any building structure or other improvement constructed on, over, or under the ground. No part of a yard required by this title shall be included as part of a yard required for any other lot.
B. Architectural Features: Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend into any yard a distance not exceeding two feet (2’).
C. Porches; Fire Escapes: Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet (6’) and into any required side yard a distance not exceeding one-half (1/2) the width of the required side yard.
D. Decks And Patios: Decks and patios structurally supported entirely by earth at no higher than natural grade may extend into a side or rear yard to within one foot (1’) of any property line.
E. Storage Sheds: If building permits are not required, storage sheds less than one hundred twenty (120) square feet in size and less than twelve feet (12’) in height shall be allowed in rear and side yards if more than five feet (5’) away from any property line.
F. Swimming Pools; Gazebos: Swimming pools, spas, trellises, arbors and gazebos shall be allowed in rear and side yards if more than five feet (5’) away from any property line.
G. Driveways: Private driveways that do not provide necessary access to any other lot shall be permitted within setbacks.
H. Handicapped Ramps: Ramps for access by handicapped persons from grade to a raised ground floor structural entry shall be allowed in setbacks.
I. Front Yards: In any district where fifty percent (50%) or more of the lots on one side of any block have been improved with buildings other than accessory structures, the required front yard for lots located on that side of the block shall be a depth equal to the average of the actual unobstructed front yards of the lots so improved, but not more than the minimum front yard specified for the district. When computing the average depth of the lots, the actual unobstructed front yard of each lot shall be deemed to be equal to the minimum front yard specified for the zoning district unless a lesser depth has been recognized as lawful by the planning commission. This subsection shall control over any other front yard requirements set forth in this code to the extent such other requirements are inconsistent with this subsection. (Ord. 2001-13, 11-19-2001)
J. Fences, Walls And Hedges:
1. In residential zones, fences, hedges, and walls not over seven feet (7’) high are allowed on or within all property lines, subject to the following exceptions:
a. Fences over six feet (6’) and masonry walls over three feet (3’) require building permits prior to construction.
b. Fencing, walls, and hedges shall be reduced to a maximum of three feet six inches (3’6") in height in the required front yard and side yard abutting a street.
c. Gateways or entryway arbors may be higher than six feet (6’) in any zone including historic districts and shall be of open design, but in no case shall a gateway or entryway arbor be higher than eight feet (8’), have a width greater than six feet (6’), or have a depth greater than four feet (4’). All gateways and entryway arbors shall be constructed of open design. No more than one gateway or entry arbor per street frontage is allowed.
d. Boundary line fences or walls adjacent to commercial property may be eight feet (8’) high if requested or agreed upon by a majority of the adjacent residential property owners and a permit is secured from the building official.
e. Fences, walls, and hedges shall be measured as a single unit if built or planted within three feet (3’) of each other in any direction. At the time of construction of a building on an unimproved lot or parcel zoned for residential use, a fence or wall, not less than five feet (5’) or more than seven feet (7’) shall be installed to enclose the rear and side yards. This fence or wall shall not extend into the front yard. Street side yard fences shall comply with height restrictions in subsection J1b of this section.
f. Side yard fence height may be graduated from three feet (3’) to seven feet (7’) as approved by the planning director, except on street side yard of corner lots.
(Ord. 2004-29, 9-20-2004)
2. In any I district, fencing shall be permitted in required yards as necessary to provide effective screening and security for permitted uses. All fencing shall be specified by use permit or approved site plan.
3. In any C district or the MU district, fencing shall be permitted in required yards as necessary to provide effective screening and security for permitted uses.
4. In any MHP district, a solid masonry wall, fence, or landscape screening of the maximum height permitted by this title shall be required along the boundaries adjoining other properties. A solid masonry wall, fence or other decorative landscaping, or screening, as determined by the planning commission, may be required fifteen feet (15’) from the ultimate property line adjacent to any public or private street. If a wall or fence is required, it shall be of the maximum height permitted by this title.
5. For the purposes of this section, fence heights shall be measured from natural grade. (Ord. 2001-13, 11-19-2001)
12.112.050 HOME OCCUPATIONS1:
A. Intent: The intent of this section is to establish permit requirements for those persons intending to conduct a home occupation and to establish standards for such use. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.
B. Review And Approval Of Home Occupation Permit: A person conducting or intending to conduct a home occupation shall apply for a home occupation permit from the planning director in accordance with the procedures set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the planning director. When the planning director has determined that a person is required to obtain a home occupation permit for an existing home occupation for which no home occupation permit has previously been issued, all such activity relating to the existing home occupation must cease until such time as a valid home occupation permit is issued by the planning director.
C. Rules For Conducting Home Occupation: The following rules shall apply to each home occupation:
1. The home occupation shall be clearly incidental to the use of the structure as a dwelling.
2. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.
4. No home occupation shall be conducted in any garage, carport or accessory building.
5. There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.
6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and shall not increase parking demands on the street on which the residential unit is located.
7. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television, computer, telephone, fax machine or other receiving devices or electronic or electrical equipment off the premises, or causes fluctuations in line voltage off the premises.
8. No employees other than residents of the household hosting the home occupation shall be associated with the home occupation.
9. The nature or type of occupation for which a home occupation permit may be granted shall be listed on such permit.
10. There shall be no outdoor display or storage.
D. Prohibited Uses: The following uses shall not be permitted to be home occupations:
1. Medical, therapy or chiropractic clinics.
2. Barber or beauty shops.
3. Pet grooming.
4. Real estate offices.
5. Photographic studio except limited developing for sale elsewhere.
6. Child daycare for more than twelve (12) children.
7. Music lessons for classes of four (4) or more.
8. Television, audio or appliance repair.
9. Cabinet shop, furniture manufacture or upholstery repair.
10. Automotive repair or maintenance or other automotive services.
11. Bicycle, lawn mower, small engine or tool repair or maintenance.
12. Welding.
13. Adult entertainment facility/business. (Ord. 2001-13, 11-19-2001)
12.112.060 UTILITY STATIONS:
The following special requirements shall apply if the proposed use is a utility service center that includes equipment yard functions:
A. Screening:
1. Equipment yard activities shall be screened from all streets and to the extent possible from adjacent uses, and may involve any combination of structures and landscaping acceptable to the planning director.
2. Notwithstanding subsection A1 of this section, any screening must include a twenty foot (20’) setback that is covered with a dense landscaping screen on the side and rear property lines of any utility service center.
3. Notwithstanding subsection A1 of this section, screening must include the landscaping required by subsection 12.124.020B4 of this title if the utility service center is located in an industrial district.
B. Noise Barrier: Construction of an effective masonry or other high mass noise barrier at the setback between the equipment yard component of the facility, including access drives, and any adjacent parcels not located within an I district. (Ord. 2000-03, 8-7-2000)
12.112.070 PRIVATE SCHOOLS:
Notwithstanding any other provisions of this title, a conditional use permit may be granted for a private school that meets the following criteria:
A. Density Standards: No use permit shall be approved for a new private school (institutional) within three hundred feet (300’) of another private school, as measured from any point upon the outside walls of the existing or proposed structure that will house the students.
B. Minimum Lot Area Standards: The lot on which a private school (institutional) is located shall contain not less than eight hundred (800) square feet for each student served by the facility.
C. Off Street Loading: Off street loading and delivery areas shall be provided for each facility that has a capacity to serve thirteen (13) or more students.
D. Additional Conditions: Additional conditions to those set forth in this section may be imposed by the planning commission on the use permit when deemed necessary to protect the public health, safety, and welfare. (Ord. 2000-03, 8-7-2000)
12.112.080 SCHOOL SITE REUSE:
The intent of this section is to recognize that unused school sites represent a potentially major source of revenue for school districts. Current law reserves a percentage of unused school sites for park and recreational purposes, and therefore unused school sites not leased or purchased for park or recreational purposes pursuant to California Education Code section 17485 can be developed to the same extent as is permitted on adjacent property. It is the further intent of this chapter to expedite the process of zoning such property to avoid unnecessary costs and delays to the school district. School districts may apply for a zone change for a school district property no longer in use as a school through the process set forth in chapter 12.44 of this title and through meeting the following criteria:
A. Rezoning Costs: The school district shall be charged for the administrative costs of such rezoning.
B. Zoning Criteria: If all of the public entities enumerated in California Education Code section 17489 decline a school district’s offer to sell or lease school property pursuant to the California Education Code section 17485, the city or county having zoning jurisdiction over the property shall, upon request of the school district, zone the school site as defined in California Education Code section 17487, consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site.
C. Land Use Control: The school site shall be given the same land use control treatment as if it were privately owned.
D. Limitation On City Authority: In no event shall the city, prior to the school district’s sale or lease of the school site, rezone the site to open space, park or recreation, or similar designation unless the adjacent property is so zoned, or if so requested or agreed to by the school district.
E. School District Reimburse City: A school district that requests a zoning change pursuant to this section shall, in the fiscal year in which the city incurs costs in effecting the requested zoning change, reimburse the city for the actual costs incurred by it. (Ord. 2000-03, 8-7-2000; amd. 2003 Code)
12.112.090 TRASH, GARBAGE AND RECYCLING CONTAINER ENCLOSURES:
Enclosures for trash, garbage, and recycling containers shall be required for all new development except for new residential developments consisting of three (3) or less dwelling units on a single lot. Such enclosures shall be constructed of solid masonry material at a minimum of six feet (6’) in height, fully enclosed on all sides and built according to specifications approved by the city with variations approved by the planning director. All such areas shall have adequate access for collection vehicles. Plans for trash, garbage, and recycling enclosures shall be reviewed by the franchise hauler for recommendations on appropriate size and number of containers for the project. Multiple-family projects for four (4) units or more shall be required to use approved trash containers rather than individual garbage cans. All projects must comply with applicable state laws regarding recycling. (Ord. 2001-13, 11-19-2001)
12.112.100 MANUFACTURED DWELLINGS:
A. Applicability: This section is enacted pursuant to the provisions of section 65852.3 of the Government Code and applies only to manufactured dwellings placed on permanent foundation systems on lots zoned for single-family dwellings. This section does not apply to mobile homes within an approved mobile home park.
B. Permitted Use: A manufactured dwelling is permitted as a residential dwelling on any lot zoned for single-family residential use, provided it meets all of the requirements of this section and subject to first obtaining a site plan permit pursuant to chapter 12.20 of this title.
C. Eligibility: A manufactured dwelling qualifies under the provisions of this section only if:
1. It has been certified under the national manufactured home construction and safety standards act of 1974 (42 USC, section 5401 et seq.), and has not been altered in violation of that act; and
2. It is placed on a permanent foundation system approved by the building official which complies with the provisions of this section and with all applicable building codes and regulations, specifically including the provisions of section 18551 of the Health and Safety Code.
D. Criteria To Be Applied: In order to approve an application for the establishment or placement of a manufactured dwelling pursuant to this chapter, the planning director must find that the proposed manufactured dwelling meets all of the following criteria for neighborhood compatibility:
1. It must comply with all provisions of the zoning ordinance applicable to residential structures.
2. It must have a minimum width of twenty feet (20’).
3. The manufactured dwelling and accessory structures, such as a garage or carport, must be covered with an exterior material customarily used in new residential structures in the surrounding areas, which shall extend to the ground; provided, that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.
4. The finish floor shall be a maximum of twenty five inches (25") above the exterior finish grade of the lot.
5. The roof must have a pitch of not less than two inches (2") vertical rise for each twelve inches (12") of horizontal run and must consist of shingles or other material customarily used for new residential construction in the surrounding area.
6. It must have porches and eaves, or roofs and eaves, which are comparable to those found in new residential structures in the surrounding area.
7. It is not proposed to be established or placed upon a property, or property containing a structure that is listed on the National Register of Historic Places.
The planning director may not impose more stringent criteria or conditions than those contained in this subsection.
E. Building Permit Requirements: Prior to the issuance of a building for the establishment or placement of a manufactured home on a foundation system pursuant to this section, the owner or contractor shall provide the building official with all of the documents and information, and shall pay all of the fees required by section 18551 of the Health and Safety Code, in addition to complying with all other requirements for a building permit.
F. Prohibition On Removal: Once installed on a foundation system in compliance with the provisions of this section and with section 18551 of the Health and Safety Code, a manufactured home shall be deemed a fixture and a real property improvement to the property to which it is affixed. Physical removal of the manufactured dwelling shall thereafter be prohibited without the consent of all persons or entities who, at the time of such removal, have title to any estate or interest in the real property to which the manufactured dwelling is affixed. (Ord. 2004-29, 9-20-2004)
12.112.110 STREET IMPROVEMENTS:
A. Whenever a parcel is the subject of an application for a zoning approval, such approval shall require that street improvements including curb gutter, sidewalks, and street trees are repaired, replaced or if lacking, installed by the property owner on the property’s street frontage(s) consistent with city codes and standards and the California building code. (Ord. 2010-68, 9-7-2010)
See definition in section 12.08.020 of this title.