Title 19 ZONING
DIVISION 1 GENERAL PROVISIONS
Chapter 19.01 AUTHORITY, PURPOSES AND EFFECTS OF THE ZONING ORDINANCE
19.01.010 Title.
This title of the American Canyon Municipal Code shall be known and cited as the "American Canyon Zoning Ordinance."
19.01.020 Authority.
This title is adopted pursuant to the authority set forth in California Government Code Section 65850.
19.01.030 Purposes of the zoning ordinance.
(A) The purpose of the zoning ordinance is to protect and to promote the public health, safety, peace, comfort, convenience, aesthetics, prosperity, and general welfare.
(B) More specifically, the zoning ordinance is adopted in order to achieve the following objectives:
(1) To provide a clear and concise guide for the physical development of the city;
(2) To establish clear, understandable and applicable land use regulations and guidelines consistent with the city's police powers;
(3) To provide implementing standards and procedures that will individually and collectively ensure consistency of development with the general plan;
(4) To foster a harmonious, convenient, and workable relationship among land uses;
(5) To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;
(6) To foster the provision of adequate off-street parking and off-street loading facilities;
(7) To protect and enhance real property values;
(8) To protect and enhance the quality of the environment;
(9) To safeguard and enhance the appearance of the city;
(10) To ensure quality development, consistent with the general plan's design and development principles, and an attractive and functional community appearance.
19.01.040 Applicability.
This title shall apply, to the extent permitted by law, to all property in incorporated American Canyon whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the city of American Canyon; or by any authority or public entity organized under the laws of the state of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the city.
19.01.050 Compliance with title.
(A) It is unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.
(B) It is unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.
(C) No department, official, or employee of the city vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the city for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists.
19.01.060 Relationship to other regulations and requirements.
(A) The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city council, any board, commission, or department of the city, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.
(B) Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade, or occupation nor shall anything in this title be deemed to repeal or amend the building standards adopted or enforced by the city.
(C) Consistent with CEQA Guidelines 15162(c), each discretionary development project shall be reviewed to ensure compliance with the California Environmental Quality Act (CEQA). The approval authority for CEQA environmental review shall be delegated to the community development director, planning commission, or city council when the municipal code delegates the associated discretionary application to that decision maker.
(D) Notwithstanding subsection C, CEQA environmental review and approval of the discretionary development project shall remain with the city council when the CEQA environmental review requires a statement of overriding considerations.
(E) A CEQA environmental determination made by the community development director or planning commission may be appealed to the city council in accordance with municipal code Sections 2.04.080 through 2.04.110.
19.01.061 Industrial Use Greenhouse Gas Standards
(A) Every Industrial Use Land Use Proposal for which the City of American Canyon is the Lead Agency shall use the following threshold to evaluate the significance of greenhouse gas (GHG) impact under the California Environmental Quality Act (CEQA):
(1) Tier 1. Determine if CEQA categorical exemptions are applicable. If not, move to Tier 2.
(2) Tier 2. Consider whether the proposed project is consistent with a locally adopted GHG reduction plan that has gone through public hearing and CEQA review, that has an approved inventory, includes monitoring, etc. If not, move to Tier 3.
(3) Tier 3. Consider whether the project includes, at a minimum, the following project design elements:
(a) Buildings
(i) The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).
(ii) The project will not result in any wasteful, inefficient, or unnecessary energy use as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.
(b) Transportation
(i) The project will achieve a reduction in project-generated vehicle miles traveled ("VMT") below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent).
(ii) The project will achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2. If the project does not include the above project design elements, the Project has a significant GHG impact. If it does include the above project design elements, move to Tier 4.
(4) Tier 4. Consider whether the project generates GHG emissions in excess of the South Coast Air Quality Management District's 10,000 MT CO2e per year screening threshold for industrial uses and stationary projects. If so, the project has a significant GHG impact.
19.01.070 Prior rights and violations.
(A) The enactment of this title shall not terminate or otherwise affect variances, conditional use permits or other approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this title, nor shall any prior violation of any such prior ordinance be excused by the adoption of this title unless the violation conforms to the standards of this title.
(B) Any building or structure for which an entitlement permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications, and permits on which such building permit was granted, if construction is commenced within the legal life of such entitlement and diligently pursued to completion. No extensions of time shall be granted for commencement of construction.
19.01.080 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
19.01.090 Fees.
The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.
19.01.100 Private agreements.
(A) The city shall not be responsible for enforcing covenants, conditions and restrictions (CC&Rs) or other private agreements.
(B) The city shall not be named as a third party beneficiary in any private agreement executed in relationship to this title.
19.01.110 Acceptance of maintenance.
The city may accept maintenance of any public facilities only if they meet all city standards, any applicable conditions of entitlement approval, or any criteria for acceptance of public dedications and facilities.
19.01.120 Interpretation.
If ambiguity arises concerning the content or application of this title, it shall be the duty of the community development director to ascertain all pertinent facts and make an interpretation. Alternatively, the community development director may request the planning commission to make an interpretation. An interpretation by the community development director may be appealed to the planning commission as provided in Chapter 19.40, Review and Approval Procedures.
Chapter 19.02 ENFORCEMENT AND PENALTIES
19.02.010 Purpose.
Enforcement of the provisions of this title and any entitlements granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts and implementation of the general plan, and to protect the public health, safety, and welfare.
19.02.020 Responsibility for enforcement.
(A) The community development director shall be the official responsible for the enforcement of this title. In the discharge of this duty the community development director or designee shall have the right to enter on any site or enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence or without permission of the owner or tenant without the written order of a court of competent jurisdiction.
(B) The community development director may serve notice requiring the removal of any structure or cessation of any use in violation of this title on the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The community development director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The community development director may call upon the chief of police and authorized agents to assist in the enforcement of this title.
19.02.030 Violations and penalties.
(A) Any person, firm, corporation, or organization violating any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and by imprisonment for a term not exceeding six months, or by both a fine and imprisonment, or shall be subject to such punishment as provided elsewhere in the municipal code. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation of this title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as herein provided.
(B) Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enforcement thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, corporation, or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this title.
(C) All remedies provided for herein, and any other portion of the municipal code, shall be cumulative and not exclusive.
19.02.040 Maintenance of common areas, improvements and facilities.
(A) The recipient of any permit issued pursuant to this title, or his or her successor, shall be responsible for maintaining all common areas, improvements or facilities required by this title or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. Such responsibility shall be reflected in the project's covenants, conditions and restrictions (CC&Rs), which shall be approved by the city and the California Department of Real Estate and shall be consistent with the conditions of any related entitlement.
(B) By way of illustration, and without limiting the generality of the foregoing, private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.
Chapter 19.03 OFFICIAL ZONING MAP
19.03.010 Official zoning map.
The boundaries of the zoning districts established by this title are shown on the official zoning map maintained by the community development director. The official zoning map and all notations, references, and other information shown thereon shall be as much a part of this title as if the matters and information set forth on such maps were fully described herein.
19.03.020 Uncertain boundaries.
Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.
(B) Boundaries indicated, as approximately following the lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.
(C) In the case of unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless indicated by dimension, shall be determined by the use of the scale appearing on the zoning map.
(D) In the case of any remaining uncertainty, the city council shall determine the location of boundaries.
(E) Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
(F) Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned and the property is unclassified, the property shall be automatically classified as being in the base zoning district most consistent with the property's general plan designation.
(G) All property in the city or hereafter annexed, and not otherwise classified by the city, is classified as being in the base-zoning district most consistent with the property's general plan designation if the property was not previously prezoned prior to annexation.
Chapter 19.04 DEFINITIONS
19.04.010 Purpose.
The purpose of this chapter is to define terms used in this title and establish rules for the construction of the language to ensure a consistent interpretation of the requirements of this title.
19.04.020 Rules for construction of language.
In interpreting the various provisions of this title, the following rules of construction shall apply:
(A) The particular shall control the general.
(B) In case of conflict between the text and diagram, the text shall control.
(C) All references to departments, commissions, boards, or other public agencies are to those of the city of American Canyon, unless otherwise indicated.
(D) All references to public officials are to those of the city of American Canyon, and include designated deputies of such officials, unless otherwise indicated.
(E) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.
(F) The words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive.
(G) The present tense includes the past and future tenses, and the future tense includes the past.
(H) The singular number includes the plural, and the plural, the singular.
(I) Whenever a certain hour or time of day is specified in this title or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the city.
(J) Whenever this title requires consideration of distances, parking spaces or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number, when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise noted in this title. In the case of the number of dwelling units, the numerical quantities which are fractions of whole numbers shall be rounded to the next lowest whole number in all such instances.
19.04.030 Definitions.
Words and phrases used in this title shall have the meanings set forth in this chapter. Words and phrases not defined in this chapter but defined elsewhere in the zoning ordinance (including Chapter 19.23, Sign Regulations and Chapter 19.05, Use Classifications) shall be given the meanings set forth in those chapters. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
"Abut" means to physically touch, border upon, or to share a common corner or property line.
"Accessory building or structure" means a detached, subordinate structure or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land, and which is located on the same site with the main structure or use.
"Accessory use" means a use primarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located.
Acre, Gross. "Gross acre" means the area of a lot or site, including easements of right-of-way to be dedicated, but excluding existing public rights-of-way.
Acre, Net. "Net acre" means the area of a lot or site remaining after dedication of all required rights-of-way.
"Adjoining" means two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abutting," "adjacent" and "contiguous" shall mean the same as adjoining.
"Affordable rent" means monthly rent, including utilities and all fees for housing services, not exceeding the following calculations:
1. Very low-income households: fifty percent of the median income multiplied by thirty percent and divided by twelve;
2. Low-income households: sixty percent of the median income multiplied by thirty percent and divided by twelve.
"Affordable sales price" means the maximum purchase price that will be affordable to the specified target income household, calculated on the basis of underwriting standards of mortgage financing available for the project and including all housing costs.
"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
"Alter" means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. In the case of signs, "alter" includes copy changes.
"Annual household income" means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.
"Antennae" means transmitting and receiving devices.
"Area, lot, parcel or site" means the horizontal area within property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
"Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
"Base district" means the zoning districts and their associated purposes and regulations set forth in this title.
"Breezeway" means a structure not less than five feet in length, not exceeding fourteen feet in height and having not more than fifty percent of the sides of the structure enclosed with any material other than that necessary for roof supports, for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.
"Building coverage" means the cumulative area of a lot occupied by the first floor of a building and accessory structures.
"Building envelope" means the maximum two-dimensional space on a lot within which a structure can be built, as permitted by applicable setback and lot coverage controls.
"Change of use" means a discontinuance of a use and the substitution therefore of a different use.
"Child" means a person who is under eighteen years of age.
"City" means the city of American Canyon.
"City council" means the city council of the city of American Canyon.
"Commission" means the planning commission of the city of American Canyon.
"Community development director" means the community development director of the city of American Canyon.
"Compatible" means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.
"Conditionally-permitted" means permitted subject to approval of a conditional use permit or minor conditional use permit.
"Construction" means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
"Cottage food operations" means an enterprise defined by the California Health and Safety Code Section 11378, holding a permit or registration by the county of Napa, and is generally an accessory business located within a residence where non-potentially hazardous food products are prepared or packed for direct ("Class A" as defined in Section 113758), or direct and indirect sale to consumers ("Class B" as defined in Section 113758).
"Council" means the city council of the city of American Canyon.
"Court" means an unoccupied open space on the same site with a building, which is bounded on two or more sides by exterior building walls.
"Density" means the number of dwelling units per unit of land.
Depth, Lot. "Lot depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines (see Figure D-1).
"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
"Driveway" means a private road, the use of which is limited to persons resident or working on the site and their invitees, licensees, and business visitors, and which provides access to off-street parking or loading facilities.
"Dwelling unit" means one or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.
Dwelling Unit, Studio. "Studio dwelling unit" means a dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
"Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
"Emergency work" means the use of any machinery, equipment, vehicle, manpower, or other activity in a short-term effort to protect, or restore safe conditions in the city, or work by private or public utilities when restoring utility service.
"Façade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.
"Fence" means an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.
Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including: basement or attic areas used only for storage; space used only for mechanical equipment; breezeways, uncovered steps, patios, and terraces; porches and exterior balconies, if not enclosed; and atria and lobbies. Unless excepted above, "gross floor area" includes but is not limited to elevator shafts and stairwells measured at each floor (but not mechanical shafts), penthouses, enclosed porches, interior balconies, and mezzanines.
"Floor area ratio (FAR)" means the gross floor area of all buildings on a lot divided by the lot area.
"Force majeure event" means an extraordinary event or circumstance beyond the control of one or more parties that impacts their ability to perform. This definition of force majeure event shall be limited to situations resulting in a declaration of a state or local emergency that was caused by acts of God or the elements, storms, wildfires, earthquakes, pandemics, wars, acts of terrorism, riots, or insurrection that significantly impact a party.
Frontage, Building. "Building frontage" means the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. "Building frontage" shall be measured continuously along the building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.
Frontage, Street. "Street frontage" means that portion of a lot or parcel of land which borders a public street other than the sideline of a corner lot. "Street frontage" shall be measured along the common lot line separating the lot or parcel of land from the public street, highway, or parkway.
"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof and designed for the storage of motor vehicles.
"General plan" means the general plan of the city of American Canyon and all elements thereof.
"Grade (ground level)" means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.
"Ground floor" means the first floor of a building other than a basement.
"Guest room" means a room which is designed,
used or intended to be used as temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided for by this title.
"Household" means a family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.
"Illegal nonconforming building or use" means a building or use which does not conform to one or more of the provisions of this title and did not lawfully exist on the effective date of applicable chapters of this title.
Intersection, Street. "Street intersection" means the area common to two or more intersecting streets.
"Kitchen" means any room or space within a building intended to be used for the cooking or preparation of food.
"Lot" means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.
"Lot area" means the total area circumscribed by the boundaries of a lot, excluding any street rights-of-way.
Lot, Corner. "Corner lot" means a lot or parcel situated at the intersection of two or more highways or streets, which highways or streets have an angle intersection measured within the lot or parcel of land of not more than one hundred thirty-five degrees (see Figure D-2).
Lot, Flag. "Flag lot" means a lot or parcel taking access by a strip of land, the owner of which lot or parcel has fee-simple title to the strip extending from the main portion of the lot or parcel to the adjoining street, road or access easement (see Figure D-2).
Lot, Interior. "Interior lot" means a lot or parcel of land other than a corner or flag lot (see Figure D-2).
Lot, Key. "Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot (see Figure D-2).
Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the highway or street side lot line of which is substantially a continuation of the
front line of a lot or parcel of land which adjoins the rear lot line of the lot (see Figure D-2).
Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel highways and/or streets (see Figure D-2).
Lot Line, Front. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street (see Figure D-2).
Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line (see Figure D-2).
Lot Line, Side. "Side lot line" means any lot boundary line which is not a front line or a rear lot line (see Figure D-2).
"Lower-income household" means a household with an annual household income of eighty percent or less of the median income for Napa County, adjusted for household size.
"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successory provision) by the United States Department of Housing and Urban Development.
"Minimum distance between buildings" means the distance between the walls of buildings, measured at the nearest point to an adjacent building.
"Moderate-income household" means a household with an annual household income of between eighty-one percent and one hundred twenty percent of the median income for Napa County adjusted for household size.
"Monthly owner-occupied housing payment" means that sum equal to the principal, interest, property taxes, homeowner's insurance and homeowner's association dues paid on an annual basis, divided by twelve.
"Nuisance" means a condition that is injurious or potentially injurious to the public health, safety and welfare, or has a tendency to degrade the appearance and property values of surrounding property or to cause damage to public rights-of-way.
"Off-street loading facilities" means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths and associated aisles, access drives, and landscaped areas.
"Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.
"On-site" means located on the lot that is the subject of discussion.
"Outdoor storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
"Overlay district" means a zoning district (e.g., the AC airport compatibility overlay district) that modifies the allowable uses, design standards, and/or development standards of the base district with which it is combined.
Patio, Covered. "Covered patio" means an accessory structure not exceeding fourteen feet in height, and enclosed on not more than three sides except for posts necessary for roof support.
"Permanent foundation system" means an assembly of materials constructed below or partially below grade and not intended to be removed from its installation site, which assembly is designed to support a structure and is engineered to resist the imposition of external natural forces as defined by Section 18551 of the Health and Safety Code, as such section may have been amended at the time of application of this title.
"Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight consecutive hours or more.
"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.
"Planning commission" means the city of American Canyon planning commission.
"Processing" means a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.
"Project" means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.
"Project inauguration" means a project has been inaugurated if applicable grading and building permits have been issued, necessary infrastructure installed, foundations installed and aboveground construction initiated and ongoing without any cessations of construction activity for more than one hundred eighty days.
"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
"Residential accessory structure" means a building or structure normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings, and swimming pools, but excluding cargo containers.
"Residential property" means a parcel of real property which is developed and used either in whole or in part for residential purposes.
"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer or other similar use.
"Right-of-way lines" means the lines that form the boundaries of a right-of-way.
"Sidewalk" means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
"Single ownership" means holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby the property is or will be under unitary or unified control.
"Site coverage" means the percentage of total site area covered by structures, open or enclosed, excluding uncovered steps, patios, terraces, and swimming pools.
"Slope" means the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs.
"Specific plan" means a plan for a defined area that is consistent with Chapter 19.17 of this title.
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. "Story" includes a basement but not a cellar.
"Story poles" means a three-dimensional, full-scale, silhouette structure constructed of 2x4, or 2x6 lumber or similar other sturdy building material that outlines the location, bulk and mass that a proposed structure will occupy on a site.
"Street" means a public or private right-of-way, other than a major or secondary highway or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.
"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to a building or other structure having fixed location on the ground.
Structure, Main or Principal. "Main structure" or "principal structure" means a structure housing the principal use of a site or functioning as the principal use.
Structure, Temporary. "Temporary structure" means a structure without any foundation or footings, which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Swimming pool" means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.
"Target household" means the household for which a dwelling unit is to be provided under Chapter 19.27, Housing Incentives, or Chapter 19.28, Inclusionary Housing Requirements.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.
"Use initiation" means the implementation of a use on a parcel or occupancy of a structure.
Use, Principal. "Principal use" means a primary or dominant use established, or proposed to be established, on a lot.
"Variance" means permission to depart from the literal requirements of this title.
"Very low-income household" means a household with an annual household income of up to fifty percent of the median income for Napa County, adjusted for household size.
"Warehousing" means the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.
"Wheel stop" means a physical barrier sufficient in size and shape to prevent the movement of automobiles or other vehicles over or past such barrier.
"Width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines (see Figure D-1).
"Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.
Yard, Front. "Front yard" means a yard extending across the full width of a lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.
Yard, Side, Street. "Street side yard" means a yard bounded by a highway or street, extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property sides, and a line parallel thereto on the lot or parcel of land.
Yard, Side, Interior. "Interior side yard" means a yard extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.
"Zero emission vehicle" means any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles, zero emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.
"Zoning district" means a specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
"Zoning ordinance" means the zoning ordinance of the city of American Canyon, as amended.
Figure D-1
LOT DEPTH AND WIDTH MEASUREMENTS
Figure D-2
ILLUSTRATION OF LOT TYPES
Chapter 19.05 USE CLASSIFICATIONS
19.05.010 Purpose.
The purpose of these provisions is to classify uses according to types on the basis of common functional, product, or compatibility characteristics, and to set forth permitted and conditionally-permitted uses for each zoning district. Notwithstanding any provision in this code to the contrary, any use of land, operation, or business that is in violation of state and/or federal law shall be prohibited in all specific plan areas, districts, and/or zones within the city.
19.05.020 Permitted and conditionally permitted uses.
Uses subject to the provisions of this title shall be known as either permitted uses or conditionally permitted uses subject to the approval of a conditional use permit in accordance with Chapter 19.40, Review and Approval Procedures.
19.05.030 Determination of classifications.
The community development director shall have the authority to classify common uses according to use classifications. The classification of a use is subject to the right of appeal pursuant to the appeal procedure set forth in Chapter 19.40, Review and Approval Procedures. A list of common uses and the use classifications into which they are classified shall be maintained by the community development director. A list of common uses which are prohibited shall also be maintained by the community development director. Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment.
19.05.040 Residential classifications.
Residential uses include living accommodations on a wholly or primarily nontransient basis, but exclude institutional living arrangements providing twenty-four-hour skilled nursing or medical care and those providing forced residence, such as detention facilities.
Cannabis indoor cultivation: any cannabis cultivated within a private residence or within an enclosed accessory structure on the grounds of the private residence (e.g., in a greenhouse).
Cannabis outdoor cultivation: cannabis plants cultivated outdoors on the lot of a personal residence.
Congregate living facility: an establishment offering lodging on a monthly basis or longer, along with common eating arrangements and other services such as recreational, social and cultural activities and transportation, but excluding medical care.
Employee housing: housing for six or fewer employees in a single-family dwelling shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory or other similar term that implies the employee housing differs in any way from a family dwelling and shall not constitute a change in occupancy for purposes of local building codes. It shall not be subject to any fees to which other family dwellings of the same type in the same zone are not likewise subject.
Farm employee housing: living quarters provided on agriculture district property for the use of workers employed in agricultural activities.
Garden apartments: a multifamily development of one or more two- or three-story structures containing up to twenty units each that has units located one over the other, with integrated off-street parking, open space and recreation.
Low Barrier Navigation Center: "a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing (See Government Code § 65660).
Mobilehome: a factory-built, single-family structure that meets the National Manufactured Housing Construction and Safety Standards Act of 1974.
Mobilehome park: a site developed for the long-term placement of mobilehomes.
Multifamily residential: three or more dwelling units on a lot. Multifamily residential units may share one or more common walls and include townhomes and garden apartments.
Residential Care Home, Small: provision of twenty-four-hour nonmedical care of six or fewer persons in need of personal services, supervision, protection or assistance licensed by the state essential for sustaining the activities of daily living, or twenty-four-hour care for six or fewer foster children. Furthermore, Small residential care homes without State license personal services shall also have the same standards and processing as residential care homes. For the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter, the residents and operators of the facility shall be considered a family. (see Health and Safety Code § 1568.0831).
Second residential unit: a second dwelling unit located on a lot with an existing principal dwelling unit.
Single-family residential, detached: a dwelling unit located on a separate lot which has no common walls with any other dwelling unit. Detached single-family residential include mobilehomes placed on a permanent foundation.
Single-family residential, semidetached: a one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.
Single room occupancy (SRO): a type of group residential use where there are at least five single rooms with no more than two occupants in each unit that complies with the regulations in Section 19.10.160 of this title. The single rooms are habitable rooms that may have a bathroom and/or limited cooking facilities, and are intended for combined living and dining purposes.
Supportive housing: permanent rental housing that provides a range of support services designed to enable residents to maintain stable housing, improve his or her health status, lead fuller lives, and when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.
Townhouse: a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
Transitional housing: a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional dwelling for no less than six months while receiving supportive services that enable independent living. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.
19.05.050 Commercial classifications.
Commercial uses include the sale or rental of goods and the provision of services other than those classified as public or quasi-public, or industrial.
Adult-entertainment business means any of the following:
1. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any time, and where a substantial portion of the images so displayed are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities.
2. "Adult bookstore, adult novelty store or adult video store" means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs (CDs), slides or other visual representations that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or
b. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
The items described in subsections (a) and (b) shall be referred to collectively as "adult products."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of products depicting, describing or relating to specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified products that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
3. "Adult cabaret" means a nightclub, restaurant, or similar business establishment that: a. regularly features live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or b. regularly features persons who appear in a state of nudity.
4. "Adult hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration that, a. provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, compact discs (CDs) or other photographic reproductions a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b. rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four hour period.
5. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures or other images in which a substantial portion of the total presentation time is devoted to the presentation of motion pictures distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, for observation by patrons or customers.
6. "Adult theater" means a theater, concert hall, auditorium or similar establishment that, for any form of consideration, regularly features live performances that are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. "Modeling studio" means a business that provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas to be observed, drawn, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, that does not provide, permit or make available specified sexual activities.
Amusement center: any place in which five or more coin- or slug-operated amusement devices are installed, including any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.
Animal Sales and Services.
1. Boarding, kennel: provision of shelter and care for four or more small animals four or more months of age. This classification includes activities such as feeding, exercising, grooming, breeding, and incidental medical care.
2. Grooming: provision of bathing and trimming services for small animals on a commer-cial basis. This classification includes boarding of small animals for a maximum period of forty-eight hours.
3. Medical care: medical and surgical treatment of small animals. This classification includes hospital facilities that are entirely enclosed, soundproofed, and air-conditioned. Incidental grooming and temporary boarding of animals for thirty days is included.
4. Retail sales: retail sales of small animals and related products within an entirely enclosed building. This classification includes incidental grooming.
Bank savings and loan: a financial institution including federally-chartered banks, savings and loan associations, industrial loan companies, and credit unions that provides retail banking services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.
1. Drive-up service: provision of banking services accessible to persons who remain in their automobiles.
2. Walk-up service: provision of banking services to persons at a walk-up window or automated teller machine.
Bed and breakfast inns: establishments offering lodging on less than a monthly basis in a structure that was originally built as a residential dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen on the premises. This classification excludes uses classified under group residential.
Bookstores: an establishment providing the retail sales of books, magazines, or book-related merchandise to the general public.
Building materials and services: retailing, wholesaling or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales and rental establishments, and building contractors' yards, but excludes activities classified under vehicle/equipment sales, leasing and services.
Cannabis retail: a storefront business that sells cannabis and/or cannabis products directly to a consumer. For purposes of this code, a non-storefront retail business is categorized a cannabis distributor in accordance with Section 19.05.060.
Catering: preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
Check cashing business, as defined in California Civil Code Section 1789.31 and as amended from time to time: a retail business owned or operated by a "check casher" person or entity who engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check casher" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check casher" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a fee not exceeding two dollars as a service to its customers that is incidental to its main purpose or business.
Coin dealer: any person, firm, partnership, or corporation whose principal business is the buying, selling and trading of coins, monetized bullion, or commercial grade ingots of gold, silver or other precious metals.
Commercial grade ingots: 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
Commercial printing: establishments providing printing, blueprinting, photocopying, engraving, binding, or related services.
Communication services: establishments involving point-to-point communication services, whether by wire or radio, either aurally or visually, including radio and television broadcasting stations and the exchange or recording of messages, but not including on-site transmission towers.
Drugstores: retail sales of medicinal and pharmaceutical related products.
Eating and drinking establishments: an establishment where food and drink are prepared, served and consumed primarily within the principal building.
Electronic cigarette or e-cigarette: a device that is capable of providing an inhalable dose of nicotine. Electronic cigarette does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.
Entertainment, indoor: the provision of participant or spectator entertainment within an enclosed building, excluding uses classified under adult business. Typical uses include live theater, motion picture theaters, and nightclubs.
Food sales: a retail establishment such as a grocery store or market providing food related products.
Fossil fuel service station: an establishment engaged primarily in the retail of motor vehicle fossil fuels sales and incidentally in the supplying of goods and services required in the operation to operate and maintain maintenance of motor vehicles. This classification includes incidental automobiles and light trucks repair and maintenance, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items.
Funeral and interment services: establishments primarily engaged in preparing the human dead for burial and arranging and managing funerals. This classification excludes cemeteries, crematoriums, and columbariums.
Gaming: legal gaming activities.
Grocery and drug stores: an establishment where grocery and drug-related products are sold to the general public.
Health services: establishments primarily engaged in the provision of personal health services ranging from prevention and diagnosis to treatment and rehabilitation services provided by physicians, dentists, therapists, optometrists and other health care personnel. Typical uses include medical and dental offices, health maintenance organizations, optical services, immediate care facilities, rehabilitation centers and pharmacies. This classification excludes hospitals and long-term care facilities.
Hookah bar or hookah lounge: any facility, building, structure or location, where customers share tobacco or a similar smoking product from an individual or communal hookah placed throughout the establishment.
Household goods sales: an establishment engaged in the selling of household goods or merchandise to the general public.
Imitation tobacco product: any edible non-tobacco product designed to resemble a tobacco product or any non-edible, non-tobacco product designed to resemble a tobacco product. An example of an imitation tobacco product includes, but is not limited to, non-nicotine fruit or candy flavored liquids used in an electronic cigarette.
Laboratory: an establishment providing medical or dental laboratory services; or providing photo-graphic, analytical, or testing services. Other laboratories are classified as limited industry.
Limited printing: establishments that provide convenience photocopying and accessory retail-oriented services.
Lodging services: establishments offering lodging on a less than monthly basis, and having kitchens in no more than sixty percent of guest units. These classifications include commercial functions that are integrated into the lodging services operation and may be provided for the general public such as meeting rooms and eating, drinking, banquet service, inns, hotels and motels. This classification excludes uses classified under congregate living facility and room rentals in a detached dwelling unit.
Long-term care facility: an establishment providing care on a twenty-four-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.
Maintenance and repair services: establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes the maintenance and repair of vehicles (see vehicle/equipment repair).
Nursery: an establishment selling horticultural materials in which all merchandise other than plants is kept within an enclosed building or a fully-screened enclosure, and fertilizer of any type is stored and sold in package form only.
On-premises liquor consumption: establishments predominantly engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises. Typical uses include bars, cocktail lounges, taverns and similar uses. This classification also includes live entertainment for the enjoyment of patrons, but excludes those uses classified under the commercial recreation and entertainment, indoor entertainment use type.
1. Tasting room: an establishment that offers samples of beer or wine for tasting on the premises, with or without charge.
Outdoor sales and displays: outdoor sales and displays are permitted only when in conjunction with a permanent on-site structure housing the business.
Overnight accommodations, lodging services: establishments offering lodging on a less than monthly basis, and having kitchens in no more than sixty percent of guest units. This classification includes commercial functions that are integrated into lodging services operation and may be provided for the general public such as under congregate living facility and room rentals in a detached dwelling unit. Overnight accommodations and lodging services not allowed in the neighborhood commercial district.
Pawnbroker: any person, co-partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. The key difference between a "pawnbroker" and a "secondhand dealer" is that a pawnbroker loans money for tangible personal property while a secondhand dealer does not.
Pawnbroker does not include:
1. Auctioneers;
2. Coin dealers;
3. Secondhand dealer.
Pawnshop: a business engaged in conducting, managing, or carrying on the business of pawnbroking or loaning money, which includes buying, selling, taking in pawn tangible personal property given or deposited as security for a loan.
Payday lending business: a retail business owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. However, "licensee" does not include a state or federally chartered bank, thrift, savings association, industrial loan company, or credit union. "Licensee" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum fee not exceeding two dollars as a service to its customers that is incidental to its main purpose or business.
Personal improvement services: provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios; driving schools; business and trade schools; reducing salons; and health or physical fitness clubs.
1. Night use: use of the facilities between ten p.m. and seven a.m.
Personal services: provision of recurrently-needed services of a personal nature. This classification includes hair and nail care salons, garment alteration services, repair shops, dry cleaning pickup, selfservice laundries, and massage services, but excludes banks, and savings and loans.
Precious metal exchange, commonly referred to as "cash for gold": the operation of a gold and silver business, either stand alone or in conjunction with the operation of a retail store (e.g., jewelry store, or other similar store) which results in twenty percent or more of their gross business receipts being derived from the purchase of gold or silver jewelry or other similar items from a non-wholesale source (including, but not limited to, art objects, flatware, tableware or other personal household items). Gold and silver dealer does not include:
1. Auctioneers;
2. Coin dealers.
Professional and medical offices: offices of firms or organizations providing professional, executive, management, administrative, or counseling services, such as design, engineering, real estate, insurance, investment, medical and legal offices. This classification excludes banks, savings and loan associations, and health services.
Recycling collection center: a collection center for recyclable household materials, including glass, metal, paper products and other materials as may be determined by the community development director.
Restaurant: an establishment where food and drink are prepared, served, and consumed primarily within the principal building. This classification includes restaurants, lunch counters, delicatessens, coffee shops, cafes and soda fountains; includes the on-site sale of beer, alcohol and wine incidental to the principal use; but excludes those uses classified under the on-premises liquor consumption use type. This classification also includes live entertainment for the enjoyment of dining patrons, but excludes those uses classified under the commercial recreation and entertainment, indoor entertainment use type.
1. Night use: use of the facilities between ten p.m. and seven a.m.
Restaurant, take-out: an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
1. Night use: use of the facilities between ten p.m. and seven a.m.
Retail commercial: the retail sales of commercial goods and services to the general public.
Retail food sales: retail sales of food and/or beverages for off-site preparation and consumption. Establishments at which twenty percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as catering or restaurants.
1. Convenience store: retail sales of prepackaged food, beverages, and small convenience items typically found in establishments with long or late hours of operation.
2. Liquor store: a retail establishment at which fifty percent or more of the transactions involve the sale of alcoholic beverages for off-site consumption.
Retail sales: establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This classification includes processing or manufacturing activities incidental or subordinate to the primary retail activity whose products are primarily sold onsite, such as a jeweler or bakery.
1. Limited: retail sales of products manufactured by a principal industrial use.
2. Visitor-oriented: retail sales of specialty goods which are likely to be of interest or may be required by visitors to the community, such as gifts, souvenirs, handcrafts, antiques, and clothing.
Secondhand dealer: a retail use where any person, co-partnership, firm or corporation in possession of a valid secondhand dealer's license (California Finance Code Section 2100) whose business includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property. A secondhand dealer who buys secondhand tangible personal property would be required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Secondhand dealer does not include:
1. Auctioneers;
2. Coin dealers;
3. Pawnbroker.
Tangible personal property: all secondhand property including, but not limited to: clothing, jewelry, personal property which bears a serial number or personalized initials or inscription which is purchased by a second hand dealer; or, which, at the time it is acquired by the second-hand dealer bears evidence of having had a serial number or personalized initials or inscription. Tangible personal property also includes new or used motor vehicles. Tangible personal property does not include new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise, or coins, monetized bullion, or commercial grade ingots of precious metals.
Tobacco paraphernalia: cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.
Tobacco product: any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be intro- duced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
Tobacco retailer, large-scale: a store equal or greater than ten thousand square feet that devotes more than five percent of their floor areas to the sale, display, sale and storage of any combination of the following products: tobacco products, tobacco paraphernalia, imitation tobacco product, electronic cigarettes, and devices capable of providing an inhalable dose of nicotine.
Tobacco retailer, small-format: any room, store, building, or other place less than ten thousand square feet in which fifty percent or more of the transactions involve the sale of any combination of the following products: tobacco products, tobacco paraphernalia, imitation tobacco product, electronic cigarettes, and devices capable of providing an inhalable dose of nicotine.
Vapor bar or vapor lounge (also referred to as "smoking device bar" or "electronic smoking device lounge"): any facility, building, structure or location where customers use an electronic smoking device or other apparatus to deliver an inhaled dose of nicotine or other substance within the establishment.
Vehicle/Equipment Sales and Services.
1. Automobile rental: rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.
2. Automobile washing: washing, waxing or cleaning of automobiles or similar light vehicles.
3. Service station: an establishment engaged primarily in the retail sale of motor fuels and incidentally in the supplying of goods and services required in the operation and maintenance of motor vehicles. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items.
4. Vehicle/equipment repair: repair of automobiles, light trucks, motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, wheel and brake shops, and tire sales and installation, but excludes body and fender shops, repair of heavy trucks or vehicles, vehicle dismantling or salvage, and tire retreading or recapping.
5. Vehicle/equipment sales, lease and rentals: sale, lease or rental of automobiles, trucks, tractors, construction and agricultural equipment, mobilehomes, and similar equipment, including storage of vehicles for sale, lease or rental and incidental maintenance and repair of such vehicles.
Video rentals: a retail establishment where the rental or sale of video related products is performed.
Wholesaling, commercial: wholesaling and storage of commercial goods and supplies within an enclosed building, but excluding distribution activities.
Zero emission vehicle service station: an establishment engaged primarily in retail electric vehicle fuel sales and incidental goods and services required to operate and maintain zero emission motor vehicles. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items. This classification does not include electric vehicle charging stations installed as an accessory use (see "Accessory use" definition in Section 19.04.030).
19.05.060 Industrial classifications.
Industrial uses include the on-site production of goods by methods not agricultural in nature, distribution, warehousing, and storage activities, research and development, and vehicle and equipment services other than those classified as commercial uses.
Cannabis distributor: a business that transports cannabis products between licensees such as purchases from cultivators and manufacturers. Distributors provide required quality assurance services and arrange for (but do not perform) lab testing. "Distributor" also includes retail delivery for non-storefront locations.
Cannabis indoor cultivation: growing cannabis plants entirely indoors for commercial purposes. This classification may include hydroponics and artificial lights to provide plants with the nutrients and light levels required for growth.
Cannabis manufacturing: processing cannabis products, primarily from extracted or raw cannabis materials, or bulk storage and handling of volatile and nonvolatile cannabis products and materials.
Cannabis microbusiness: a cannabis business that engages in at least three of the following activities: non-storefront retailer, distributor, transport only distributor, indoor cultivation (less than one thousand square feet), and manufacturer (State License Level 1, Type 6).
Cannabis testing: establishments primarily engaged in cannabis research of an industrial or scientific nature, including cannabis product testing and biotechnology, but excluding manufacturing. This classification also includes required testing for cannabinoid levels (such as THC and CBD), pesticides, fungus, heavy metals, and other contaminants.
Hazardous use: a use that primarily involves the storage, manufacture, or processing of highly combustible or explosive products or materials which are likely to burn with extreme rapidity or which may produce poisonous fumes or explosions; storage or manufacturing that involves highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, poisonous, irritant, or corrosive gases; or the storage or processing of any materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.
Industry, general: manufacturing or processing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification may involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture and processing; heavy equipment and vehicle assembly and service; food and beverage processing and packaging; laundry and dry cleaning plants; auto dismantling and salvage within an enclosed building; stone, clay, and concrete products manufacture (excluding concrete ready-mix plants); metal work; and wood products manufacture and remanufacture.
Industry, limited: manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial ser-vices; both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.
Mineral extraction: the extraction of earth material from a borrow pit, for transportation to and use at another location.
Recycling center: a site, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
Research and development: establishments primarily engaged in research of an industrial or scientific nature, including limited product testing and biotechnology, but excluding manufacturing.
Storage tanks: private on-site natural or artificial places and structures where liquids or material is collected, accumulated, and stored and the cumulative sum of all on-site storage capacity equals or exceeds twenty-five thousand gallons.
Vehicle/Equipment Services.
(1) Heavy vehicle/equipment repair: repair of heavy trucks or vehicles, mobilehomes, recreational vehicles, or boats; body and fender shops; tire retreading and recapping; and upholstery work. This classification does not include vehicle dismantling or salvage.
(2) Vehicle storage: storage of operative or inoperative vehicles. This classification includes storage of parking towaways, impound yards, and storage lots for commercial and recreational vehicles.
Warehousing and storage: provision of storage space for household or commercial goods within an enclosed building. This classification includes ministorage facilities, but excludes trucking terminals.
Wholesaling, Distribution and Storage.
(1) Trucking terminal: a wholesaling, storage, or distribution facility having more than six heavy trucks on the premises at one time, but excluding trucking accessory to a limited industry classification.
(2) Small-scale: wholesaling, storage, and distribution having a maximum gross floor area of five thousand square feet, and having no more than two docks or service bays.
19.05.070 Recreational classifications.
The purpose of this section is to define the various permitted uses in the recreation and open space classifications.
Campground: a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.
Marina: a facility for the storing, rental, servicing, fueling, berthing, and securing of boats, that may include eating and retail facilities for owners, crews, and guests.
Recreational facilities, private: recreational facilities for the sole use of on-site or project residents and their guests, including swimming pools, spas, sports courts and community clubhouses.
Recreation facilities, public: publicly owned and operated parks, playgrounds, playing fields, gymnasiums, and other facilities for active and passive recreation.
Recreation and sports, indoor: the provision of predominantly participant sports and health activities within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller-skating rinks, indoor racquetball courts, athletic clubs, and health clubs.
Recreation and sports, outdoor: predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include hiking trails, equestrian facilities, driving ranges, golf courses, swimming pools, and tennis courts.
Recreation, passive: activities that involve relatively inactive or less-energetic activities, such as walking, hiking, horseback riding, observing, and picnicking.
Recreational vehicle park: any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. "Temporary" in this case shall be defined as occupancy for fewer than ninety continuous days.
Staging area: an area that provides access to regional park trails and public recreational uses. Public parking and information and interpretive centers are included.
19.05.080 Public and quasi-public classifications.
Public and quasi-public use types include utility, educational, cultural, medical, protective, governmental and other uses which are strongly vested with public or social importance.
Ambulance service: provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
Ambulance service, public: ambulance service that is operated by or contracted to the city of American Canyon or the American Canyon fire district.
Animal shelter: provision of shelter and care for stray animals, including feeding, exercising, grooming and incidental medical care. This classification includes the disposition of animal remains.
Antenna: a noncommercial device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally-based structures.
(1) Commercial: an antenna used for commercial purposes. Commercial antenna also means macro wireless facility, which means any high-powered wireless telecommunication facility used to serve a major coverage area of several miles with multiple antennas.
(2) Small-cell antenna facility: Small-cell antenna facility consisting of antennas, antenna supports, equipment, cabinets, equipment housing and enclosure; and related accessory equipment. SAF also means a micro wireless facility. See Section 19.53.030.
Cemetery: land used for the burial of human remains and dedicated for cemetery purposes, including crematoriums, mausoleums and mortuaries operated in conjunction with the cemetery.
Charitable uses: use by nonprofit or benevolent organizations to provide a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit-making organizations.
Club, lodge: meeting, recreational or social facilities of a private or nonprofit organization primarily for use by members or guests.
Community center: one or more buildings used for recreational, social, education, or cultural activities, open to the public or a designated part of the public.
Conference center: a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.
Cultural facility: nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
Day care center: a facility, other than family child care homes, providing care, supervision, and protection of children or senior citizens on a less than twenty-four-hour basis.
Emergency shelter: a facility, other than a residential care home, operated by a provider, which provides temporary accommodations to homeless persons and/or families and which meet the standards for shelters contained in Title 25, California Administrative Code, Part 1, Chapter P, Subchapter 12, Section 7972. The term "provider" means a government agency or private nonprofit organization which provides, or contracts with recognized community organizations to provide emergency or transitional shelter for the homeless, and which has been certified by the city as meeting all applicable provisions contained in the California Health and Safety, and Administrative Codes. "Temporary accommodations" means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six months.
Government facility: a facility used by a government agency to provide a public service.
Hospital: a facility that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees.
Maintenance and service facility: a facility providing maintenance and repair services for publicly-owned vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.
Public information center: a facility providing information to visitors to the city and region regarding points of interest, activities, businesses and lodging.
Public parking: surface parking facilities that are publicly owned and operated.
(1) Structure: includes garages and other types of parking located in structures.
Public safety facility: a facility for public safety or emergency services, including police and fire protection.
Religious facility: a facility for religious worship and incidental religious education, but not including schools as defined in this section.
School: any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
Transportation terminal: facilities for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of transportation. This classification includes bus terminals, railroad stations, and public transit stations.
Utilities, major: electrical substations, aboveground electrical transmission lines, refuse collection or disposal facilities, water reservoirs, water wells, detention basins, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
Utilities, minor: utility facilities that are necessary to support legally established uses and involve only minor structures, such as electrical distribution lines, gas distribution pipelines, utility poles, and pole transformers, but excluding antennas and antenna towers.
19.05.090 Agricultural classifications.
This section is intended to implement the general plan's provision for certain agricultural uses.
Animal husbandry: raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classification includes grazing, ranching, dairy farming, poultry raising, the raising of fur-bearing animals, and the sale and storage of materials produced on-site, but excludes the raising of swine, feed lots, stockyards, slaughterhouses, dead animal rendering and wild animal keeping.
Cannabis outdoor cultivation: growing cannabis plants entirely outdoors for personal or commercial purposes.
Crop production: raising and harvesting of tree crops, row crops, vine crops, or field crops on an agricultural or commercial basis, including pack-ing, processing and storage, but excluding canneries.
Winery: premises for the production, blending, cellar treatment, storage and bottling of wine other than cider, experimental wine or wine for personal consumption by the producer. Tasting rooms are allowed in conjunction with a primary winery use on the same site.
19.05.100 Accessory classifications.
Accessory uses are uses that are incidental to the principal permitted or conditionally-permitted use or structure on a site and are customarily found on the same lot.
Accessory dwelling unit: a dwelling unit located in a commercial zoning district on the same site as a primary permitted or conditionally-permitted use.
Livestock keeping: the keeping of large animals for personal purposes, including equines, bovines, sheep and goats, but excluding swine, in accordance with the provisions of Chapter 19.31, Animal Keeping Regulations.
Cafeteria: incidental dining facilities provided for on-site employees and guests of a commercial or industrial use.
Caretaker's quarters: a dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard, caretaker, or operator of a facility.
Day care home, large: the provision of care, protection and supervision, in the provider's own home, for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, on a less than twenty-four-hour basis.
Day care home, small: the provision of care, protection and supervision, in the provider's own home, for six or fewer children, inclusive, including children under the age of ten years who reside at the home, on a less than twenty-four-hour basis.
Family child care home, large: the provision of care, protection and supervision, in the provider's own home, for up to fourteen children on a less than twenty-four-hour basis.
Family child care home, small: the provision of care, protection and supervision, in the provider's own home, for eight or fewer children on a less than twenty-four-hour basis.
Guest house: detached living quarters of no more than six hundred forty square feet on the same premises as a primary residence for the use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities and not rented or otherwise used as a separate dwelling.
Home occupation: one or more activities carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
Horticulture, limited: the raising of vegetables, flowers, ornamental trees and shrubs, or orchard crops for personal use.
Recreational facilities, private: recreational facilities for the sole use of on-site or project residents or similar activities not requiring the use of roofed structures.
Tent: a temporary structure having a roof and/or walls of fabric.
19.05.110 Temporary use classifications.
Temporary uses are those allowed for a fixed period of time, with the intent of their discontinuance upon the expiration of the time period.
Commercial filming: commercial motion picture or video photography at the same location six or fewer consecutive days per quarter of a calendar year in residential districts or fewer than fifteen days per quarter of a calendar year in nonresidential districts.
Live entertainment: music, comedy, readings, dancing, acting or other entertainment performed on a temporary basis. This classification includes dancing by patrons to live or recorded music.
Mobile structures: temporary mobilehomes, mobile offices, mobile classrooms and recreational vehicles used in connection with new subdivisions, construction sites and existing uses of land.
Personal property sales: the selling or disposition of personal property at a residence by its occupant(s), or at a church or charity bazaar, subject to the provisions of the municipal code.
Public assembly: any group of thirty or more persons participating in an organized activity having a common purpose on or within a city street, city park, parking facility, sidewalk, or other public property or right-of-way.
Retail sales, outdoor: temporary outdoor retail sales of new merchandise on the site of a legally established retail business which has a direct relationship to existing businesses.
Seasonal sales: outdoor retail sales of seasonal agricultural items, such as Christmas trees, strawberries, pumpkins, and holiday flowers.
Special event:
(1) Any temporary event not exceeding thirty days, whether indoors or outdoors, involving thirty or more persons, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted on property; or
(2) Any public assembly as defined in this section; or
(3) Any event, regardless of the number of persons involved, requiring full or partial street closure, which occurs on a city street, sidewalk, alley, or other public right-of-way, and/or which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic.
The following list of examples is illustrative, but not determinative, of activities that may constitute "special events":
(1) Motorized vehicle races or contests.
(2) Carnivals, circuses, fairs, festivals, nondomesticated animal act or exhibition, and similar activities.
(3) Any event with mechanical amusement rides.
(4) Promotional or fundraising activities.
(5) Parades.
(6) Outdoor shows, concerts and exhibitions.
(7) Outdoor craft fairs, soapbox derbies, or other similar events.
Tent: a temporary structure having a roof and/or walls of fabric.
Chapter 19.09 Industrial Commerce Centers Sustainability Standards
19.09.010 Applicability
This Article is applicable to all warehousing, logistics and distribution facilities throughout the city for which a Notice of Preparation is issued after March 1, 2024 under the implementing Guidelines of the California Environmental Quality Act (CEQA).
A warehousing, logistics or distribution facility means facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. The facilities are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 50 to 80 percent, and a dock-high loading door ratio of approximately 1:5,000-8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:
- Freight yards/forwarding terminals
- Warehousing distribution/high cube distribution centers
- Moving agencies
- Parcel delivery terminals
- Railroad freight stations
- Shipping/receiving yards
- Truck terminals
The following sections shall supersede any existing requirements in the Municipal Code and Specific Plans.
19.09.020 Requirements for warehousing, logistics or distribution facilities for which a Notice of Preparation is issued after March 1, 2024 under CEQA.
(a) On-site motorized operational equipment, including but not limited to forklifts, yard trucks, and pallet jacks, shall be ZE (zero emission). This includes electrical hook ups to the power grid, rather than diesel-fueled generators, for contractors' electric construction tools, such as saws, drills and compressors.
(b) All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, and landscaping equipment) shall be zero-emission vehicles. Each building shall include the necessary charging stations or other necessary infrastructure for zero-emission cargo handling equipment.
(c) Prior to issuance of a business license, the City shall ensure rooftop solar panels are installed and can be operated in such a manner that they will supply 100% of the power needed to operate all non-refrigerated portions of the facility including the parking areas.
(d) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to 100% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servicing the refrigerated space to allow transport refrigeration units (TRUs) to plug in. Truck operators with TRUs shall be required to utilize electric plug-in units when at loading docks.
(e) All generators, and all diesel-fueled off-road construction equipment greater than 75 horsepower, will be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hookup at the site, whichever is first, require all generators and all diesel-fueled off-road construction equipment, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that the applicant documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment.
(f) Prior to certificate of occupancy, install conduit and infrastructure for Level 2 (or faster) electric vehicle charging stations on-site for employees for the percentage of employee parking spaces commensurate with Title 24 requirements in effect at the time of building permit issuance plus additional charging stations equal to 5% of the total employee parking spaces in the building permit, whichever is greater. By 2030 install Level 2 (or faster) electric vehicle charging stations for 25% of the employee parking spaces required.
(g) Install HVAC and/or HEPA air filtration systems in all warehouse facilities.
DIVISION 2 ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS
Chapter 19.10 RESIDENTIAL DISTRICTS
19.10.010 Purpose and intent.
(A) Purpose. The purpose for establishing these residential districts, permitted uses, and development standards is to:
(1) Provide appropriately located areas for residential development consistent with the general plan and with standards of public health and safety established by the municipal code;
(2) Ensure adequate light, air, privacy, and open space for each dwelling by establishing reasonable development standards for the mass, scale, and location on a building site for all new residential construction;
(3) Achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods;
(4) Provide for a range of permitted uses and activities within the various residential districts; and
(5) Provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.
(B) Intent. The intent of this chapter is to establish a range of permitted uses and reasonable development standards to guide the orderly development within each residential district in a manner consistent with the general plan's land use schedule and subarea schedule.
19.10.020 Establishment of districts.
In order to provide sufficient land to meet the housing needs of all existing and future residents of the city, the following residential districts are established:
(A) RE (residential estate) districts: to provide for residential estate areas where the minimum lot size is one acre.
(B) RR (rural residential) districts: to provide for very low-density residential uses and related activities in existing or proposed large-lot residential neighborhoods, and in the peripheral foothill areas of the city. There are three separate RR districts:
(1) RRH (rural residential hillside) districts: requires a minimum lot size of twenty thousand square feet and imposes special development standards.
(2) The RR-20000 district requires a minimum lot size of twenty thousand square feet.
(3) The RR-10000 district requires a minimum lot size of ten thousand square feet.
(C) RS (suburban residential) districts: to provide for low-density residential uses and related activities in areas of the city predominated by subdivisions with single-family lot patterns. There are two separate RS districts:
(1) The RS-8000 district with a minimum lot size of eight thousand square feet.
(2) The RS-6500 district with a minimum lot size of six thousand five hundred square feet.
(D) RM (medium residential) districts: to accommodate multifamily residential uses in areas of minimal constraints and ready access to transportation and services, with single-family uses allowed under some circumstances in conformance with the general plan. Development in the RM district shall be within the range of five to twelve units per gross acre.
(E) RH (high residential) districts to provide for high-density multifamily residential uses in areas of minimal constraints and ready access to transportation and services, and to provide a range of housing opportunities. There are two separate RH districts:
(1) The RH-1 district with a density range of twelve to sixteen units per gross acre.
(2) The RH-2 district with a density of twenty units per gross acre.
(F) RO (residential overlay) district to provide for high-density multifamily residential uses on selected sites in community commercial and neighborhood commercial districts, in single or multi-use structures. The RO district provides a density of twenty units per gross acre west of Broadway/Highway 29, a density of thirty-five units per gross acre east of Broadway/Highway 29. Development standards shall comply with Tables 1 and 2 of Chapter 19.11, community commercial and neighborhood commercial district for multifamily residential and mixed-use structures.
19.10.030 Applicability.
The provisions of this chapter shall apply to all uses within the residential districts as shown on the official zoning district map of the city. Development within the residential districts shall conform with all applicable development standards, regulations, and performance standards of this title.
19.10.040 Permitted uses.
Table 19.10.040 of this section sets forth the permitted and conditionally permitted uses for each residential district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.
Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS
1
| RESIDENTIAL DISTRICT | ZONING DISTRICTS | |||||||
|---|---|---|---|---|---|---|---|---|
| Use Classifications | RRH | RE | RR | RS | RM | RH | Related Provisions | |
| Residential | ||||||||
| Congregate living facility | - | - | - | - | P | P | ||
| Cottage food operations | P | P | P | P | P | P | ||
| Employee housing (1 to 6 occupants) | P | P | P | P | - | - | ||
| Garden apartments | - | - | - | - | P | P | ||
| Mobilehome | - | C | C | C | - | - | ||
| Mobilehome park | - | - | - | - | C | C | Chapter 19.10 | |
| Multifamily residential | - | - | - | - | P | P | ||
| Residential Care Home, Small | P | P | P | P | P | P | ||
| Second residential unit | P | P | P | P | P | - | Section 19.10.120 | |
| Single room occupancy | - | - | - | - | - | P | Section 19.10.160 | |
| Single-family residential | - | - | - | - | - | |||
| - Detached | P | P | P | P | P2 | P2 | 2GP Policy 1.8.3 | |
| - Semidetached | - | - | P3 | P4 | P | P | 3GP Policy 1.7.1 | |
| 4GP Policy 1.7.2 | ||||||||
| Townhouses | - | - | - | - | P | P | ||
| Commercial | ||||||||
| Adult business | - | - | - | - | - | - | ||
| Animal sales and service | - | C | - | - | - | - | ||
| - Boarding kennel | - | C | - | - | - | - | ||
| - Grooming | - | C | - | - | - | - | ||
| - Medical care | - | C | - | - | - | - | ||
| - Retail care | - | C | - | - | - | - | ||
| Bank, savings and loan | - | - | - | - | - | - | ||
| - Drive-up service | - | - | - | - | - | - | ||
| - Walk-up service | - | - | - | - | - | - | ||
| Building materials and services | - | - | - | - | - | - | ||
| Catering | - | - | - | - | - | - | ||
| Commercial printing | - | - | - | - | - | - | ||
| - Limited printing | - | - | - | - | - | - | ||
| Communication services | - | - | - | - | - | - | ||
| Entertainment, indoor | - | - | - | - | - | - | ||
| - Amusement center | - | - | - | - | - | - | ||
| - Gaming | - | - | - | - | - | - | ||
| Funeral and interment services | - | - | - | - | - | - | ||
| Health services | - | - | - | - | - | - | ||
| Laboratory | - | - | - | - | - | - | ||
| Lodging services | - | - | - | - | - | - | ||
| - Bed and breakfast inn | C | C | C | - | - | - | ||
| Long-term care facility | - | - | - | - | - | - | ||
| Maintenance and repair services | - | - | - | - | - | - | ||
| Nursery | - | - | - | - | - | - | ||
| Offices, business, and professional | - | - | - | - | - | - | ||
| On-premises liquor consumption | - | - | - | - | - | |||
| - Tasting room | - | - | - | - | - | - | ||
| Pawnshops | - | - | - | - | - | - | ||
| Personal improvement services | - | - | - | - | - | - | ||
| - Night use | - | - | - | - | - | - | ||
| Personal services | - | - | - | - | - | - | ||
| Recycling collection center | - | - | - | - | - | - | ||
| Restaurant | - | - | - | - | - | - | ||
| - Night use | - | - | - | - | - | - | ||
| Restaurant, take-out | - | - | - | - | - | - | ||
| - Night use | - | - | - | - | - | - | ||
| Retail food sales | - | - | - | - | - | - | ||
| - Convenience store | - | - | - | - | - | - | ||
| - Liquor store | - | - | - | - | - | - | ||
| Retail sales | - | - | - | - | - | - | ||
| - Limited | - | - | - | - | - | - | ||
| - Visitor-oriented | - | - | - | - | - | - | ||
| Vehicle/equipment sales and service | - | - | - | - | - | - | ||
| - Automobile rental | - | - | - | - | - | - | ||
| - Automobile washing | - | - | - | - | - | - | ||
| - Service station | - | - | - | - | - | - | ||
| - Vehicle/equipment repair | - | - | - | - | - | - | ||
| - Vehicle/equipment sales, lease and rentals | - | - | - | - | - | - | ||
| Wholesaling, commercial | - | - | - | - | - | - | ||
| Industrial | ||||||||
| Hazardous use | - | - | - | - | - | - | ||
| Industry, general | - | - | - | - | - | - | ||
| Industry, limited | - | - | - | - | - | - | ||
| Mineral extraction | - | - | - | - | - | - | ||
| Recycling center | - | - | - | - | - | - | ||
| Research and development | - | - | - | - | - | - | ||
| Storage tank(s) | - | - | - | - | - | - | ||
| Vehicle/equipment services | - | - | - | - | - | - | ||
| - Vehicle/equipment repair | - | - | - | - | - | - | ||
| - Vehicle storage | - | - | - | - | - | - | ||
| Wholesaling, distribution and storage | - | - | - | - | - | - | ||
| - Small scale | - | - | - | - | - | - | ||
| - Trucking terminal | - | - | - | - | - | - | ||
| Recreational | ||||||||
| Recreational facilities, public | C | C | P | P | P | P | ||
| Recreation and sports, outdoor | C | C | C | C | C | C | ||
| Recreation, passive | C | C | C | C | C | C | ||
| Staging area | C | C | C | - | - | - | ||
| Public and Quasi-Public | ||||||||
| Antenna | - | - | P | P | P | P | ||
| - Exceeding height limitations | - | - | C | C | C | C | ||
| Community center | - | - | - | C | C | C | GP Policy 1.12.1 | |
| Conference center | - | - | - | - | - | - | ||
| Cultural facility | - | - | C | C | C | GP Policy 1.12.1 | ||
| Day care center | - | M | M | M | M | M | GP Policy 1.23.5 | |
| Homeless shelter | - | - | - | - | C | C | Chapter 19.42 | |
| Public safety facility | C | C | C | C | C | C | ||
| Religious facility | C | C | C | C | C | C | GP Policy 1.23.4 | |
| School | - | C | C | C | C | C | GP Policy 1.12.1 | |
| Utilities, major | - | - | C | C | C | C | ||
| Utilities, minor | - | - | P | P | P | P | ||
| Agriculture | ||||||||
| Animal husbandry | - | P | - | - | - | - | ||
| Crop production | C | P | - | - | - | - | ||
| Accessory | ||||||||
| Accessory dwelling unit | - | - | - | - | - | - | ||
| Livestock keeping | P | P | P | P | - | - | Chapter 19.31 | |
| Caretaker's quarters | C | C | - | - | - | - | ||
| Family child care home, large | P | P | P | P | - | - | Chapter 19.33 | |
| Family child care home, small | P | P | P | P | P | P | ||
| Guest house | C | C | C | C | - | - | ||
| Home occupation | P | P | P | P | P | P | Chapter 19.29 | |
| Horticulture, limited | P | P | P | P | P | P | ||
| Room rentals | - | - | C | C | - | - | ||
| Temporary | ||||||||
| Animal show | - | - | - | - | ||||
| Commercial filming | C | C | C | C | C | C | ||
| Mobile structures | C | C | C | C | C | C | Chapter 19.30 | |
| Personal property sales | P | P | P | P | P | P | ||
1 Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
19.10.050 Lot area, yard setbacks, and building coverage standards.
Table 19.10.050 of this section sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each residential district. The provisions of this section shall establish the minimum lot area and yard and setback standards for each residential zoning district.
(A) Minimum Lot Area. Except as otherwise provided by this chapter, the minimum lot area shall be determined by multiplying the lot width by the lot depth. The lot width shall be the horizontal distance between the side property lines measured at right angles to the depth at a point midway between the front and rear property lines. The lot depth shall be the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.
(1) Flag Lots.
(a) The area of a flag lot's access corridor shall not be included in determining the site area of the lot (see Figure A-2).
(b) The corridor of land which provides access to a street for a flag lot shall have a minimum street frontage of sixteen feet and a minimum width which is less than the required lot width but not less than sixteen feet (see Figure A-2).
(2) Width of Residential Corner Lots. The minimum width of corner lots in a residential district shall be a minimum of ten percent greater than the minimum width for the district specified in Table 19.10.050 of this chapter.
(3) Depth Adjoining State Highway or Railroad. A lot whose rear lot line abuts a state highway or railroad right-of-way shall have a minimum depth that is at least twenty percent greater than the lot depth standard for the applicable zoning district.
(4) Minimum Lot Frontage on a Cul-de-Sac. Unless otherwise approved by the city council in conjunction with the approval of a subdivision map, all lots in the bulb of a cul-de-sac shall have a minimum width or street frontage at the property line of forty feet.
(B) General Yard Provisions. Except as otherwise provided by this chapter and specific district regulations, the provisions of this section apply to the placement of principal structures. The location of accessory buildings, equipment, and uses and the required separation between primary buildings is addressed elsewhere in this chapter.
(1) Point of Measurement. Except as otherwise provided, required yards shall be measured as the minimum horizontal distance from the appropriate front, side, or rear property line or street/alley right-of-way line of the site to a line parallel thereto on the site (see Figure A-1).
(2) Partially-Improved Streets. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.
(3) Irregularly-Shaped Lots. On corner lots, through lots, lots with three or more frontages, flag lots, and irregularly-shaped lots where the provisions of this chapter do not clearly establish the location of yards and lot lines, the community development director shall make such determination, using the provisions of this chapter for guidance.
(C) Projections into Yards. Projections are permitted into yards required for principal buildings as follows, subject to the provisions of the Uniform Building Code:
(1) Eaves and cantilevered roofs may project up to two and one-half feet, provided:
(a) That such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or street line.
(b) That no portions of such eaves or cantilevered roofs are less than eight feet above grade.
(c) That there are no vertical supports or members within the required yard (see Figure A-4).
(2) Fireplace structures, buttresses, and wing walls may project up to two and one-half feet, provided:
(a) That a minimum five feet is provided on the side yard where front yard access is provided.
(b) That such structures shall not be utilized to provide closets or otherwise increase usable floor area.
(c) That such fireplace structures are not wider than six feet measured in the general direction of the wall of which it is a part (see Figure A-5).
(3) Bay and greenhouse windows may project up to two and one-half feet, provided:
(a) That such windows are not closer than two and one-half feet to any lot or street line.
(b) That there are no vertical supports or members within the required yard.
(4) Uncovered porches, platforms, landings, and decks, including access stairs thereto may project up to three feet into required interior side yards, and up to five feet into required front, rear, and corner side yards, provided:
(a) That such projections shall not be closer than two feet to any lot or street line;
(b) That such projections are open and unenclosed; provided, however, that an openwork railing not to exceed three and one-half feet in height may be installed;
(c) That such projections do not exceed any average height of one foot;
(d) That such projections do not extend above the level of the first floor.
(5) Awnings and canopies may project up to two and one-half feet into required interior side yards and five feet into required front, rear, and corner side yards, provided:
(a) That such awnings or canopies are not closer than two and one-half feet to any lot or street line;
(b) That such awnings or canopies have no vertical support within such yard;
(c) That such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.
(6) Covered patios attached to a dwelling unit may project into a required rear yard, provided:
(a) That such patio is not closer than five feet to any lot line;
(b) That such patio shall remain permanently unenclosed on at least two sides. This provision, however, shall not preclude the placement of detachable screens;
(c) A freestanding patio shall be subject to the same requirements as accessory buildings in rear yards as provided by Section 19.10.060.
(7) Rain conductors, downspouts, utility-service risers, shutoff valves, sills, capitals, bases, cornices, and belt courses may project up to one foot into a required yard.
(8) Water heaters, water softeners, and utility meters, including service conduits and pipes, enclosed or unenclosed may project up to two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project up to two and one-half feet into a required front or corner side yard.
(9) Wall and window-mounted air conditioners, coolers, and fans may project into any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.
(D) Maximum Building Coverage. The maximum building coverage allowed in each residential district is the percentage of the building site covered by all primary and accessory structures on the site, measured horizontally to the outside face of exterior walls or structural members. Open decks and balconies and open breezeways connecting two buildings are not included in lot coverage.
Table 19.10.050
SCHEDULE OF RESIDENTIAL DISTRICT REGULATIONS
| Zoning Districts | RRH | RE | RR-20000 | RR-10000 | RS-8000 | RS-6500 | RM | RH |
|---|---|---|---|---|---|---|---|---|
| Maximum density | One unit/acre max | One unit/acre max | 2 units/acre | 4 units/acre | 5-6 units/acre | 6-7 units/acre | Per General Plan | Per General Plan |
| Minimum area per lot | 20,000 sq. ft. | 43,560 sq. ft. | 20,000 sq. ft. | 10,000 sq. ft. | 8,000 sq. ft. | 6,500 sq. ft. | 20,000 sq. ft.1 | 20,000 sq. ft.1 |
| Minimum width per lot | 100 ft. | 120 ft. | 75 ft. | 70 ft. | 65 ft. | 60 ft. | 100 ft.1 | 100 ft.1 |
| Minimum depth per lot | 160 ft. | 200 ft. | 120 ft. | 110 ft. | 100 ft. | 90 ft. | 100 ft.1 | 100 ft.1 |
| Minimum setback from Newell Drive | Single story - 300 ft. | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
| Two-story homes - 400 ft. | ||||||||
| Minimum front yard | 30 ft. | 10% of lot depth | 20 ft. | 20 ft. | 15 ft. | 15 ft. | 15 ft. | 20 ft. |
| Garage | 35 ft. | — | — | 20 ft. | 20 ft. | 20 ft. | — | |
| Minimum side yard | ||||||||
| First story | 15 ft. with no less than 35 ft. between homes on adjoining parcels | 10% of lot width | 10 ft. | 10 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. |
| Second story | 20 ft. | 10 ft. | 10 ft. | 8 ft. | 8 ft. | 10 ft. | 10 ft. | |
| Street side of corner lot | 25 ft. | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 10 ft. | |
| Minimum rear yard | 30 ft. | 25% of lot depth | 20 ft. | 20 ft. | 20 ft. | 15 ft. | 10 ft. | 10 ft. |
| Building envelope | Maximum | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
| 20,000 sq. ft. to 1 acre lots | 8,000 sq. ft. | |||||||
| > 1 acre lots | 12,000 sq. ft. | |||||||
| Maximum building coverage | 60% of approved building envelope | 30% | 30% | 30% | 40% | 40% | 50% | 50% |
| Maximum number of stories | 2 | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 | 3 | 3 |
| Maximum building height | ||||||||
| Main structure | 35 ft. | 35 ft. | 35 ft. | 35 ft. | 35 ft. | 35 ft. | 42 ft. | 42 ft. |
| Detached accessory building | 15 ft. | 20 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. |
(1) Applies only to the new parcels created after the effective date of the zoning code.
(E) Special Development Requirements for the RRH zoning district:
(1) Subdivisions in the RRH Zoning District shall be subject to the following standards:
(a) Residential lots shall vary significantly in size in order to create the openness and variation characteristic of a rural neighborhood. No more than two contiguous lots shall be of the same size. Lot size variations shall be achieved by varying lot area/lot widths. Parcel size variations on contiguous lots of one acre or less shall vary up or down a minimum of twenty-five percent in size. Contiguous lots larger than one acre shall vary up or down in size by ten percent.
(b) The subdivision design shall ensure protection of designated viewsheds from Newell Drive to the highest ridgeline located to the east of the project.
(c) Each residential lot will identify a maximum building height that will enable other homes with sufficient elevation to achieve a view toward the Napa River wetlands. Technical information that enables identification of a maximum building height will include but not be limited to: lot placement within the subdivision, building envelope placement, and grading. The maximum building height will be recorded in the project CC&Rs (Covenants, Codes and Restrictions).
(d) Design guidelines addressing architecture for individual homes shall be prepared and submitted to the city of American Canyon, concurrently with submittal of a tentative subdivision map, master plan or specific plan. The design guidelines must be consistent with the General Plan Land Use Element Design Principles (Policy 1.11.5).
(e) Native landscaping shall be provided in the Newell Drive setback area. The preliminary and final landscape improvement plans for this common area open space shall include clusters of native shrubs and trees to enhance the privacy and soften the visual form of future homes as viewed from public areas such as Newell Drive. Such landscape improvements shall be approved by the city and maintained by the subdivision's homeowner's association.
(f) Streets within the RRH district may make use of a reduced overall paved width of not less than thirty feet, subject to approval of a design exception to be considered concurrently with the approval of a tentative subdivision map.
(2) Residential Building Permit Requirements.
(a) To determine potential impacts to viewsheds and neighboring properties, the applicant shall install story poles to provide a three-dimensional, full-scale, silhouette structure that outlines the location, bulk and mass that a proposed structure will occupy on a site prior to submittal of a building permit for any structure on a residential parcel.
(b) Prior to submittal of a building permit for any structure or group of structures, the applicant shall submit written documentation from the applicable homeowner's association that the application complies with the design guidelines in the recorded CC&Rs.
(c) An active homeowner's association shall be set up to ensure maintenance of private infrastructure and administer enforcement of neighborhood CC&Rs.
(F) Special Development Requirements for the RE Zoning District on Watson Lane and Paoli Loop:
(1) Proposed subdivisions that create additional residential lots within the RE Zoning District on Watson Lane and Paoli Loop shall be subject to review by the Napa Airport Land Use Commission prior to final action by the City of American Canyon.
(2) This Special Development Requirement shall not apply to any of the following situations:
(a) Subdivisions that do not create additional residential lots (i.e.: Lot Line Adjustment).
(b) Properties on Watson Lane or Paoli Loop without RE zoning.
(c) Residential development pursuant to State Law (i.e.: SB9).
(d) Properties on Watson Lane or Paoli Loop that are not located in Napa Airport Land Use Compatibility Zone "D."
19.10.060 Accessory structures, equipment and uses.
Accessory structures, equipment and uses are permitted in required yards of residential districts as provided herein:
(A) Accessory Structures.
(1) Accessory structures may be located no closer than three feet to the side and rear yards required for the primary structure, provided that in the aggregate, no more than fifty percent of the required rear yard area shall be covered by accessory structures. Accessory structures are permitted only on lots having a primary dwelling.
(2) On a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot.
(3) Maximum height of an accessory structure shall be fifteen feet.
(4) Steel shipping containers may not be located in any residential district unless it is not visible from any public property or right-of-way.
(B) Planters. Planter boxes and masonry planters are permitted in all required yards not to exceed a height of three and one-half feet.
(C) Swimming Pools. A swimming pool is permitted in a required rear or side yard provided it is not closer than five feet to any lot line.
(D) Swimming Pool Equipment and Safety Fences.
(1) Swimming pool or spa equipment vaults may be located in a side yard so long as a minimum clear distance is provided between the vault and a fence, wall, or other structure of three feet.
(2) Swimming pool or spa equipment vaults may be located adjacent to a rear property line within a required side yard.
(3) Required safety fences for swimming pools and spas six feet in height or less may be located within any required side or rear yard.
19.10.070 Distance between buildings in residential districts.
The provisions of this section shall apply where more than one building is placed on a parcel in a residential district.
(A) Distance Between Main Buildings. A minimum distance of ten feet shall be maintained between all primary residential buildings established on the same lot or parcel of land.
(B) Distance Between Accessory and Primary Buildings. Except where a greater distance is otherwise required by this chapter, a minimum distance of six feet shall be required between any primary residential building and an accessory building established on the same lot or parcel of land.
(C) Projections Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and not closer to a line midway between such buildings, than is permitted in relation to a side lot line within a required interior side yard:
(1) Eaves and cantilevered roofs;
(2) Fireplace structures, buttresses, and wing walls;
(3) Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;
(4) Awnings and canopies;
(5) Water heaters, water softeners, gas or electric meters, including service conductors and pipes;
(6) Stairways and balconies above the level of the first floor;
(7) Uncovered porches, platforms, landings, and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.
19.10.080 Fences and walls.
Fences and walls in residential districts may be erected and maintained in required yards subject to the standards specified herein. All height limitations applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.
(A) Location in Yards.
(1) Front Yards. Fences and walls within a required front yard shall not exceed a height of forty-two inches.
(2) Corner Side Yards.
(a) Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than ten feet to the street line, nor exceed six feet in height where ten feet or more from the street line, notwithstanding the provisions of the following subsection related to vision clearance.
(b) On a corner lot, no fence, wall, hedge, or other artificial obstruction within a triangular area formed by the street property lines and a line connecting points on the street property lines equal to the front setback (for the applicable zone district but no less than twenty feet) from the street intersection shall exceed a height of three feet above established grade at the edge of the existing or proposed pavement, provided that trees pruned to eight feet above street grade shall be permitted (see Figure A-6).
(c) Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height. When not within required setbacks, maximum fence height shall be ten feet.
(3) Lots of Twenty Thousand Square Feet or More. On lots of twenty thousand square feet or more, a six-foot high, fifty percent see-through fence (when viewed at a forty-five degree angle) may be located within the required front yard setback, if the wall/fence is located within the property line of the subject parcel. If gated, gates for vehicles must be set back a minimum of twenty feet from the property line.
(B) Retaining Walls.
(1) Retaining walls not exceeding six feet in height are permitted in all yards.
(2) Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however, that in any event an open-work non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety.
(3) Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each foot in height, to up to five feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in an orderly, neat fashion.
(C) Exempt Fences and Walls. Where a fence or wall exceeding the maximum heights specified by this section is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.
(D) Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the highest adjacent grade. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.
(E) Minor Variation to Fence Height Restrictions/Conditional Fence Permit. The community development director, after providing notice to adjacent property owners, may consider approval of a conditional fence permit to allow fence heights up to two and one-half feet higher than those specified in this section for residential districts based on the following criteria:
(1) The proposed increased fence height will not create negative shading impacts on adjacent properties or impacts are mitigated through use of open fence design features.
(2) The proposed increased fence height incorporates appropriate architectural details and materials that assure compatibility with existing fences and fence patterns.
(3) The proposed increased fence height in a front or exterior side yard area does not create traffic hazards or detract from the neighborhood character by creating visual obstructions to open front yard patterns on an established neighborhood street.
(4) Any action by the community development director on a conditional fence permit may be appealed to the planning commission.
19.10.090 Height limits.
(A) Maximum Height. The maximum building height in each residential district is set forth in Table 19.10.050 of this chapter (set out at the end of this chapter).
(B) Height Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure (see Figure A-7) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roofs.
(C) Projections Above Permitted Height.
(1) Architectural projections such as mechanical equipment enclosures and other appurtenant rooftop structures or penetrations such as skylights, stairwells, and ventilation atria; spires, cupolas, chimneys, and other design elements integral to the overall design character of a building and intended to distinguish its design may be permitted above the height limits where not in conflict with the intent of this chapter, but may not exceed twenty percent of the horizontal area of the floor area below or ten feet in height above the main roof above which they are situated.
(2) Utility poles and towers shall not be subject to the height limits prescribed in the district regulations.
19.10.100 Parking requirements.
Parking requirements for residential uses are contained in Chapter 19.21, Parking and Loading Standards.
19.10.110 Garage sales.
Garage sales, estate sales (which includes estate auctions), and personal property sales shall be subject to the following regulations:
(A) Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation but excluding arts and crafts items) for the purpose of resale is prohibited. All transactions shall take place on the property of the owner conducting the event.
(B) Displays. No item for sale shall be displayed within the public right-of-way.
(C) Duration and Frequency. A sale or auction shall not exceed three consecutive days and occur no more than six times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.
(D) Signs. All signs shall conform to the requirements set forth in this title for sign regulations. All signs shall be removed within two days of the estate or garage sale.
19.10.130 Manufactured homes
(A) Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law.
(B) Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any residential district, subject to the provisions of this section.
(C) Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations.
(D) Design and Development. Each manufactured home:
(1) Shall be built on a permanent foundation approved by the building official;
(2) Shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the California Building Code adopted by the city;
(3) Shall provide skirting of exterior finish materials extending to the finished grade;
(4) Shall have roofing material complying with the most recent editions of the Uniform Building Code adopted by the city;
(E) Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home.
19.10.140 Undergrounding of utilities.
Prior to the issuance of any permits for new development in any residential district, utility service to the site shall be undergrounded in accordance with the requirements of the public works department unless otherwise approved by the city engineer and community development director.
19.10.150 Nonconforming building lines.
Where an existing, legal, nonconforming structure encroaches into a setback which was established after the building was constructed, the existing building line may be continued, subject to community development director approval.
19.10.160 Single room occupancy.
(A) Purpose. The purpose of these regulations are to assure well managed and maintained single room occupancy (SRO) developments. SROs are a type of group residential use. The following provisions shall apply specifically to SROs and may provide guidance for other group residential projects.
(B) General Provisions.
(1) Density. Given that these are small individual housing rooms, to equate SRO projects with General Plan housing unit densities, the city shall apply a factor of two to the density range. That is, a General Plan density range of ten to twenty units per acre shall equate to an SRO project density range of twenty to forty rooms/acre. Density bonuses may also be applied to qualifying SRO projects.
(2) Any SRO project must also meet the following standards:
(a) Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;
(b) SRO sizes shall range from one hundred fifty to four hundred fifty square feet;
(c) A preliminary management plan shall be submitted as part of a design permit application and shall be reviewed and approved by the community development director prior to the application being deemed complete. A final management plan shall be approved by the community development department prior to issuance of a building permit, and recorded at the Napa County recorder's office;
(d) An on-site twenty-four-hour manager is required;
(e) Tenancy of a SRO shall not be less than thirty days.
19.10 -F Figures for Chapter 19.10
Figure A-1
YARD MEASUREMENTS
Figure A-2
FLAG LOTS
Figure A-3
CORNER SIDEYARD ON REVERSE CORNER LOT
Figure A-4
EAVES AND CANTILEVERED ROOFS IN REQUIRED YARDS
Figure A-5
FIREPLACE STRUCTURES IN REQUIRED YARDS
Figure A-6
CORNER LOT VISION CLEARANCE
Figure A-7
BUILDING HEIGHT MEASUREMENT
Chapter 19.11 COMMERCIAL DISTRICTS
19.11.010 Purpose and intent.
The purpose and intent of this chapter is to:
(A) Establish reasonable development standards to guide the orderly development of property within the CC (community commercial) and CN (neighborhood commercial) district, and
(B) Establish a range of permitted uses and reasonable development standards to guide the orderly development within each commercial district in a manner consistent with the general plan's land use schedule and sub-area schedule.
19.11.020 Establishment of districts.
This chapter establishes two zoning districts to allow a broad range of commercial uses within those districts. The following commercial districts are hereby established:
CC (community commercial) district: to accommodate a broad range of commercial uses that will serve local residents and the greater community and reduce the need for external trips to adjacent jurisdictions for goods and services, and provide shopping and service opportunities for commuters, visitors, and tourists. Also accommodates multifamily residential uses, especially in conjunction with a commercial use.
CN (neighborhood commercial) district: to encourage a limited range of retail and service commercial uses that are oriented to the day-to-day needs of the local residents, at a scale compatible with adjacent neighborhoods. Also accommodates multifamily residential uses, especially in conjunction with a commercial use.
19.11.030 Applicability.
The provisions of this chapter shall apply to all uses within the commercial districts as shown on the official zoning district map of the city of American Canyon. Development within the commercial districts shall conform with all applicable development standards, regulations, and performance standards of this title.
19.11.040 Permitted uses.
Table 1 of this section sets forth the permitted and conditionally permitted uses for each commercial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.
Table 1
Permitted and Conditionally Permitted Uses
1
Community Commercial and Neighborhood Commercial Districts
| Use Classification | Zoning District | Related Provision | ||
|---|---|---|---|---|
| CN | CC | |||
| Residential | ||||
| Cannabis indoor cultivation | P | P | Chapter 5.10 | |
| Cannabis outdoor cultivation | - | - | Chapter 5.10 | |
| Congregate living facility | - | - | ||
| Farm employees housing | - | P | ||
| Garden apartments | - | - | ||
| Low Barrier Navigation Center | P | P | ||
| Mobilehome | - | - | ||
| Mobilehome park | - | - | ||
| Multifamily residential | P1 | P2 | 1GP Policy 1.14.1 | |
| 2GP Policy 1.15.1 | ||||
| Residential care home | - | - | ||
| Second residential unit | - | - | ||
| Single-family residential | ||||
| Detached | - | - | ||
| Semidetached | - | - | ||
| Townhouses | - | - | ||
| Commercial | ||||
| Adult-entertainment business | - | P | ||
| Animal sales and services | ||||
| Boarding kennel | - | C | ||
| Grooming | P | P | ||
| Medical care | P | P | ||
| Retail sales | P | P | ||
| Bank, savings and loan | P | P | ||
| Bookstores | P | P | ||
| Building materials and services | - | C | ||
| Cannabis retail | - | - | Chapter 5.10 | |
| Catering | P | P | ||
| Check cashing business | - | - | ||
| Coin dealer | P | P | ||
| Commercial printing | - | P | ||
| Limited printing | P | P | ||
| Communication services | - | P | ||
| Drugstores | P | P | ||
| Eating and drinking establishments | P | P | ||
| Adjacent to residential use or zoning district | C | C | ||
| Entertainment, indoor | C | P | ||
| Amusement center | C | C | ||
| Gaming | - | C | ||
| Food sales | P | P | ||
| Funeral and interment services | - | C | ||
| Grocery and drug stores | P | P | ||
| Health services | P | P | ||
| Hookah bar | - | - | ||
| Household good sales | P | P | ||
| Laboratory | - | P | ||
| Lodging services | - | P | ||
| Long-term care facility | - | P | ||
| Maintenance and repair services | - | P | ||
| Mini-storage/public storage facility | - | - | ||
| Nursery | P | P | ||
| Offices, business and professional | P | P | ||
| On-premises liquor consumption | - | C | ||
| Tasting room | - | C | ||
| Outdoor sales and displays | - | P | ||
| Overnight accommodations, lodging services | - | P | GP Policy 1.15 | |
| Pawnshops | - | - | ||
| Payday lending business | - | - | ||
| Personal improvement services | C | C | ||
| Night use | P | P | ||
| Personal services | P | P | ||
| Precious metal exchange | - | - | ||
| Professional and medical offices | P | P | ||
| Public safety facility | C | P | ||
| Recycling collection center | P | P | ||
| Restaurant and delicatessens | C | C | ||
| Retail food sales | C | C | ||
| Convenience store | P | P | ||
| Liquor store | C | P | ||
| Retail sales | P | P | ||
| Limited | - | - | ||
| Visitor oriented | P | P | ||
| Tobacco retailer, large-scale | - | - | ||
| Tobacco retailer, small-format | - | - | ||
| Vapor bar | - | - | ||
| Vehicle/equipment sales | - | - | ||
| Automobile rental | - | C | ||
| Automobile washing | - | C | ||
| Service stations | - | - | ||
| Zero emission service station | C | C | ||
| Use Classification | Zoning District | Related Provision | ||
|---|---|---|---|---|
| CN | CC | |||
| Vehicle/equipment repair and service | - | C | GP Policy 1.15 | |
| Vehicle/equipment leasing and rental | - | C | GP Policy 1.15 | |
| Wholesaling, commercial | - | P | GP Policy 1.15 | |
| Video rental | P | P | ||
| Industrial | ||||
| Cannabis distributor | - | - | Chapter 5.10 | |
| Cannabis indoor cultivation | - | - | Chapter 5.10 | |
| Cannabis manufacturing | - | - | Chapter 5.10 | |
| Cannabis microbusiness | - | - | Chapter 5.10 | |
| Cannabis testing | - | - | Chapter 5.10 | |
| Hazardous use | - | - | ||
| Industrial, general | - | - | ||
| Industrial, limited | - | - | ||
| Mineral extraction | - | - | ||
| Recycling center | - | - | ||
| Research and development | - | - | ||
| Storage tank(s) | - | - | ||
| Vehicle/equipment services | - | - | ||
| Vehicle/equipment repair | - | - | ||
| Vehicle storage | - | - | ||
| Wholesaling, distribution and storage | ||||
| Trucking terminals | - | - | ||
| Small scale | - | - | ||
| Recreational | ||||
| Campground | - | - | ||
| Marina | - | - | ||
| Recreational vehicle park | - | - | ||
| Recreational facilities, private | - | - | ||
| Recreational facilities, public | - | - | ||
| Recreational and sports, indoor | C | P | ||
| Recreational and sports, outdoor | - | - | ||
| Recreation, passive | - | - | ||
| Staging area | - | - | ||
| Public and Quasi-Public | ||||
| Ambulance shelter | - | C | ||
| Antenna | P | P | ||
| Exceeding height limitations | C | C | ||
| Commercial | C | C | ||
| Small-cell antenna facility | P | P | Chapter 19.53 | |
| Cemetery | - | - | ||
| Charitable uses | C | C | ||
| Club, lodge | C | C | ||
| Community center | - | C | ||
| Conference center | - | C | ||
| Cultural facility | C | C | ||
| Day care center | M | P | ||
| Emergency shelter | - | P | ||
| Government facility | C | C | ||
| Hospital | - | C | ||
| Maintenance and service facility | - | - | ||
| Public information center | P | P | ||
| Public parking | P | P | ||
| Structure | C | C | ||
| Public safety facility | - | P | ||
| Religious facility | C | C | GP Policy 1.23.4 | |
| School | - | - | ||
| Transportation facility | - | P | ||
| Utilities, major | - | - | ||
| Utilities, minor | P | P | ||
| Agriculture | ||||
| Animal husbandry | - | - | ||
| Cannabis outdoor cultivation | - | - | Chapter 5.10 | |
| Crop production | - | - | ||
| Winery | - | C | ||
| Accessory | ||||
| Accessory dwelling unit | C | C | Chapter 19.10 | |
| Livestock keeping | - | - | ||
| Cafeteria | - | P | ||
| Caretaker's quarters | - | - | ||
| Day care home, large | - | - | ||
| Day care home, small | - | - | ||
| Guest house | - | - | ||
| Home occupation | - | - | Chapter 19.29 | |
| Horticulture, limited | P | P | ||
| Recreational facilities, private | - | - | ||
| Room rentals | - | - | ||
| Temporary | ||||
| Animal show | C | C | ||
| Circus, carnival | C | C | ||
| Commercial filming | C | C | ||
| Live entertainment | C | C | ||
| Mobile structures | C | C | Chapter 19.30 | |
| Personal property sales | P | P | ||
| Retail sales, outdoor | C | C | ||
| Seasonal sales | P | P | ||
| Street fair | C | C | ||
| Tent | C | C | ||
1 Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
19.11.050 Development standards.
Table 2 of this chapter sets forth the minimum lot area for each commercial district.
Table 2
| Zoning District | CN | CC |
|---|---|---|
| Minimum area per lot | 10,000 sq. ft. | 1 acre** |
| Minimum width per lot | 100 feet | 200 feet |
| Minimum depth per lot | 100 feet | 100 feet |
| Minimum front yard | 10 feet | 20 feet |
| Minimum side yard | 10 feet | 10 feet |
| Street side of corner lot | 10 feet | 15 feet |
| Minimum rear yard | 20 feet | 10 feet |
| Minimum setback | 40 feet | 40 feet |
| from Hwy. 29 | 50 feet avg. | 50 feet avg. |
| Density | ||
| Nonresidential | 0.35 FAR | 0.50 FAR |
| Mixed-use structure | 1.5 | 1.5 |
| Residential portion | 1.0 | 1.0 |
| Commercial portion | 0.50 | 0.50 |
| Residential (3-7 dwelling units) | 1.0 FAR Minimum | 1.0 FAR Minimum |
| Residential (8 or more dwelling units) | 1.5 FAR Minimum | 1.5 FAR Minimum |
| Maximum number of stories: | ||
| All buildings | 2 stories | 2 stories |
| Exceptions: | ||
| Residential or mixed-use structures | 3 stories | 3 stories west of Broadway |
| Residential, overnight accommodations and lodging services, or mixed-use structures | N/A | 4 stories east of Broadway |
| Maximum building height: | 30 feet | 35 feet |
| Exceptions: | ||
| Residential or mixed-use structures | 42 feet | 42 feet west of Broadway |
| Residential, overnight accommodations and lodging services, or mixed-use structures | N/A | 54 feet east of Broadway |
| Maximum building coverage for stand-alone residential uses | 50 percent west of Broadway | 50 percent west of Broadway |
| 60 percent east of Broadway | 60 percent east of Broadway |
* Where an existing legal, non-conforming, structure after the building was constructed, the existing director approval.
** Parcels owned by public agencies are exempt commercial (CC) district.
19.11.060 Automobile parking requirements.
(A) General Provisions.
(1) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.
(2) When a change in use or expansion in floor are within an existing development increase by twenty percent or more the amount of off-street parking or loading spaces shall be provided in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.
(3) Required parking spaces shall not be located within any front or side yards setback areas.
(4) Except as may be provided for this chapter, required parking spaces required shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of parking area.
(5) The planning commission may approve deviations from these standards by use permit.
(B) Number of Spaces Required.
(1) Except as may be provided for this chapter, automobile parking spaces shall be provided in the number set forth in Table 3 of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 3 when it finds that due to the characteristics of a project, the application of the above standards may lead into traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.
(2) Fractional space requirements of .5 or more shall be counted as the next largest whole space.
(3) When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.
(4) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.
(5) Handicapped parking shall be provided according to the latest standards established by the state of California.
(6) No area may be utilized and counted both as a required parking space other than for company owned vehicles periodically stored for on-site loading.
Table 3
| Elementary school | 2 per classroom, plus 1 per 5 fixed seats in an auditorium or per 50 square feet of nonfixed seating area. |
| High school | 5 per classroom, plus 1 per 5 fixed seats in an auditorium or per 50 square feet of nonfixed seating area. |
| Pre-schools; day care centers | 1 per staff members, plus 1 for each 10 children. |
| Additional parking or designated area for dropoff and pickup of students for the above uses may be required | |
| Religious assembly | 1 per 4 fixed seats in the principal sanctuary, or 1 per 9 linear feet of fixed benches, or 1 per 50 square feet of nonfixed seating area. |
| Offices, business and professional | 1 per 300 square feet of gross floor area |
| Retail sales, general | 1 per 300 square feet of gross floor area |
| Retail sales, food | 1 per 250 square feet of gross floor area |
| Bulky merchandise sales, including furniture, household appliances, and building materials | 1 per 500 square feet of gross floor area |
| Vehicle/equipment sales; nursery | 1 per 500 square feet of gross floor area within any showroom, plus 1 per 1,000 square feet of outdoor display or sales area for the first 10,000 square feet; then 1 per 5,000 square feet of outdoor display or sales area thereafter. |
| Wholesaling, commercial | 1 per 500 square feet of gross floor area |
| Restaurant, including those providing liquor consumption | 1 per 100 square feet of gross floor area. A minimum of 5 spaces shall be provided for such use. |
| On-premises liquor consumption as a primary use | 1 per 100 square feet of gross floor area. A minimum use of 5 spaces shall be provided for such a use. |
| Bank; savings and loan | 1 per 200 square feet of gross floor area in public area (excluding vault), plus 1 per 300 square feet of gross floor area for general office uses. |
| Health services | 1 per 200 square feet of gross floor area |
| Long-term care facility | 1 per 2 beds |
| Personal services | 1 per 200 square feet of gross floor area |
| Lodging services | 1 per guest room or unit, plus 1 per 10 rooms or units, plus 1 per 50 square feet of gross floor area in any public meeting room, plus seventy-five percent of the requirement for other associated uses |
| Recreational vehicle park | 1 per recreational vehicle site. |
| Funeral and internment services | 1 per 4 fixed seats, or 1 per 9 linear feet of fixed benches, or I per 50 square feet of non-fixed seating area, whichever is greater. |
| Amusement center; nightclub, gaming | 1 per 100 square feet of gross floor area |
| Bowling alley | 5 per lane, plus requirements for any related commercial uses |
| Health club; spa; dance studio | 1 per 100 square feet of gross floor area accessible to members or clients, including any pool area. |
| Game court | 3 per court |
| Golf course | 6 per hole, plus 1 per 50 square feet of gross floor area in any public meeting room plus seventy-five percent of the requirement for other associated uses. |
| Vehicle repair | 4 per repair stall |
| Service station | 1 per pump island, plus 1 per service bay |
| Car wash, full serve | 1 per 2 employees on the maximum shift, plus vehicle stacking are equal to 3 time the capacity of the enclosed washing operation. |
| Car wash, self serve | 2 spaces for drying and cleaning purposes per stall, plus 2 reservoir spaces in front of each stall. |
| Self-storage facilities |
1 per employee. A minimum of 5 spaces shall be provided for such use. |
(C) Shared Parking.
(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.
(2) Shared parking may be approved through a conditionally use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with said applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.
(3) The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.
(4) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.
(5) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.
(6) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.
(D) Dimensional Requirements.
(1) Standard Spaces: Required minimum parking dimensions are indicated in Table 4. Minimum dimensions shall not include any landscaped areas.
|
Table 4 MINIMUM PARKING DIMENSIONS FOR STANDARD STALLS |
|||||
|---|---|---|---|---|---|
| Parking Angle (PA) |
Minimum Stall Dimensions | Minimum Aisle Widths (A) | |||
| Width (W) | Depth (D) | Length(L) | One-Way | Two-Way | |
| Parallel | 8′ | n/a | 22′ | 18′6″ | 20′ |
| 30 degrees | 9′ | 16′ | 18′ | 12′ | 20′ |
| 45 degrees | 9′ | 19′ | 18′ | 14′ | 20′ |
| 60 degrees | 9′ | 20′ | 18′ | 20′ | 20′ |
| 90 degrees | 9′ | 18′ | 18′ | 25′ | 25′ |
(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.
(E) Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.
(F) Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.
(G) Curbing and Walkways.
(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.
(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.
(3) Individual wheel stops shall not be used.
(H) Drainage. All required off street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.
(I) Landscaping.
(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.
(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.
(3) Landscaped areas shall have a minimum width of five feet.
(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.
(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.
(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.
(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.
(J) Screening.
(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.
(2) Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.
(K) Lighting.
(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.
(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.
(L) Location of Parking Spaces.
(1) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.
(2) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.
(M) Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris.
19.11.070 Loading requirements.
(A) Number Required. Loading spaces shall be provided for all industrial uses according to the table below for the specified uses. The decision-making authority may require more loading spaces than are required by the table to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.
(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.
(C) Location of Loading Spaces.
(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.
(2) Loading spaces shall not be located in any required front or side yard.
(3) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.
(4) Loading spaces should be concealed from off-site view to the maximum extent feasible.
(5) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.
| Use | Gross Floor Area | Minimum Loading Spaces |
|---|---|---|
| Commercial (non-office) | <5,000 square feet | None |
| 5,000-20,000 square feet | One | |
| Office | <20,000 square feet | None |
| 20,000-40,000 square feet | One | |
| Manufacturing, wholesale, warehousing, industrial | <20,000 square feet | One |
| All of the above uses | Each additional 20,000 square feet | One additional space |
19.11.080 Bicycle parking requirements.
Bicycle parking shall be provided in commercial and employment areas according to the table below.
| Total Automobile Parking Spaces | Minimum Number of Bicycle Spaces |
|---|---|
| 0 | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | |
| 9 | |
| 400 and greater | 10 |
Bicycle parking should be located in highly visible locations and should be lockable.
19.11.090 Design elements.
It is the intent of the General Plan and this chapter to ensure that all new construction and major alterations or additions to existing commercial buildings be designed to exhibit a high quality of architectural character and emphasize a low scale village environment. All new construction and major alterations or additions to existing commercial buildings shall include one or more of the design features, components, or materials in those portions of the building visible from any public right-of-way set forth in this section.
(A) Architectural features and elements shall include a craftsman/mountain village theme or turn of the century agricultural or winery compound.
(B) Materials and design components that are indigenous to the Napa Valley, including but not limited to, exposed heavy timbers for structural supports trellis features, and gable roof elements; stone foundations and rock based pillars with heavy timber support elements; wood or split stone or masonry siding; and metal roofs should be integrated into the project design.
(C) Exposed structural steel for support is encouraged, but stainless steel and mirrored glass elements should be discouraged.
(D) Façade elements should include the articulation and modulation to provide visual interest.
(E) Visually and physically transparent building elements such as windows and doors with glass panels should be provided along the majority of the ground elevation facing street frontages and primary parking areas.
(F) Mechanical equipment shall be screened from view using materials and design elements consistent with the overall project.
Chapter 19.12 TOWN CENTER ZONE DISTRICT
19.12.010 Purpose.
The purpose of the town center zone district is to:
(A) Provide a broad range of commercial, residential and public land uses in the physical context of a traditional downtown with surrounding residential neighborhoods. The district may include a diverse range of land uses including but not limited to: government and community services, retail commercial, professional offices, entertainment, restaurants, cultural facilities (museums, libraries, etc.), visitor-serving facilities (hotels, information centers), event/conference center, wineries, transit, parking, variety of housing types including single-family attached and detached, townhouses, condominiums, mixed-use and apartments and public park and school and other amenities.
(B) Create a physical setting and mix of land uses that serve as a focus of neighborhood, community and regional activities and events.
(C) Create a pedestrian-oriented environment which also meets the needs of vehicular traffic. (Res. 2008-105 § 4, 2008)
19.12.020 Applicability.
Development shall occur pursuant to a specific plan adopted by the city council for all or a portion of the town center zone district. (Res. 2008-105 § 4, 2008)
19.12.030 Permitted uses.
(A) Permitted uses shall be those uses designated as permitted uses by a specific plan adopted by the city council for all or a portion of the town center zone district.
(B) Agricultural or grazing uses.
(C) Temporary uses as may be permitted by the city. (Res. 2008-105 § 4, 2008)
19.12.040 Conditionally permitted uses.
Conditionally permitted uses shall be those uses designated as conditionally permitted uses by a specific plan adopted by the city council for all or a portion of the town center zone district. (Res. 2008-105 § 4, 2008)
19.12.050 Development standards.
(A) Development standards shall be those standards included in a specific plan adopted by the city council for all or a portion of the town center zone district. Development standards include but are not limited to: building heights, building setbacks, landscaping, parking requirements, lot size, residential density, and floor-area ratio for nonresidential development.
(B) Performance standards shall be those standards included in a specific plan adopted by the city council for all or a portion of the town center zone district. Performance standards include but are not limited to: lighting, noise, and hours of operation. (Res. 2008-105 § 4, 2008)
Chapter 19.13 PUBLIC DISTRICT
19.13.010 Purpose.
The purpose for establishing these public districts and permitted uses is to:
(A) Provide approximately located areas for public districts consistent with the general plan and with standards of public health and safety established by the municipal code;
(B) Accommodate public and institutional uses that serve the needs of the residents of American Canyon;
(C) Provide for continuation and expansion of existing governmental facilities in order to support the existing and future population and development of the city;
(D) Limit the development within the electrical transmission corridors;
(E) Allow for the reuse of surplus public and utility properties and facilities for private use;
(F) Provide for religious facilities in any land use designation, provided they are compatible with the policies of that site;
(G) Allow continuation of existing and provide new child and senior day care;
(H) Establish a center to provide services for the senior citizens of American Canyon.
19.13.020 Permitted uses.
Table 19.13.020 of this chapter sets forth the permitted and conditionally-permitted uses for each public district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. If no letter is found opposite a particular use, it is not permitted in that district.
Table 19.13.020 PUBLIC DISTRICT 1
| Use Classification | P District | Related Provisions |
|---|---|---|
| Commercial | ||
| Recycling collection center | C | |
| Recreational | ||
| Recreation facilities, public | P | |
| Recreation and sports, outdoor | P | |
| Recreation, passive | P | |
| Public and Quasi-Public | ||
| Ambulance service, public | P | |
| Animal shelter | C | |
| Antenna | P | |
| - Exceeding height limitations | C | |
| - Commercial | - | |
| - Small-cell antenna facility | P | Chapter 19.53 |
| Cemetery | C | |
| Charitable uses | P | |
| Club, lodge | C | |
| Community center | P | |
| Conference center | P | |
| Cultural facility | P | |
| Day care center | C | |
| Government facility | P | |
| Hospital | C | |
| Maintenance and service facility | C | |
| Public information center | P | |
| Public parking | P | |
| Public safety facility | C | |
| Religious facility | C | GP Policy 1.23.4 |
| School | C | |
| Transportation terminal | C | |
| Utilities, major | C | |
| Utilities, minor | P | |
| Accessory | ||
| Cafeteria | P | |
| Caretaker's quarters | C | |
| Temporary | ||
| Animal show | P | |
| Circus, carnival | C | |
| Commercial filming | C | |
| Live entertainment | C | |
| Mobile structure | C | Chapter 19.30 |
| Personal property sales | P | |
| Seasonal sales | P | |
| Street fair | C | |
| Tent | C |
1 Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
Chapter 19.14 INDUSTRIAL DISTRICTS
19.14.010 Purpose and intent.
The purpose and intent of this chapter is to:
(A) Establish reasonable development standards and a broad range of permitted and conditionally permitted uses to guide the orderly development and use of property within the LI (light industrial) district, Paoli Light Industrial (PLI), and the GI (general industrial) district; and
(B) To ensure that industrial uses are developed and operated in a manner that does not produce dangerous or objectionable elements or conditions. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the lot, parcel or ownership line of the use.
19.14.020 Establishment of districts.
This chapter establishes three zoning districts to allow a broad range of industrial uses within those districts. The following industrial districts are established:
(A) LI (light industrial) district and PLI (Paoli Light Industrial) district: to accommodate the continuation of existing and the development of new light manufacturing uses, research and development, offices, and similar uses, including businesses that are ancillary to and support such uses, in locations that generally have high public visibility. Outdoor activities are limited and must be fully screened from off-site view.
(B) GI (general industrial) district: to provide areas appropriate for functional industrial activities, including warehousing, manufacturing, food processing, product and equipment assembly, and similar types of uses that may involve both indoor and outdoor activities, and related ancillary uses.
19.14.030 Applicability.
The provisions of this chapter shall apply to all uses within the industrial districts as shown on the official zoning district map of the city. Development within the industrial districts shall conform to all applicable development standards, regulations, and performance standards of this title.
19.14.040 Performance standards.
(A) Hazardous Materials. All operations that involve the storage, use or transport of flammable or explosive materials or gases shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppressing equipment and devices, subject to the approval of the American Canyon fire protection district.
(B) Noise. Noise generated by any use shall comply with any noise standards adopted by the city.
(C) Vibrations. Vibrations associated with on-site operations shall not be discernible off-site, except for those due to operations involved in the construction or demolition of structures or caused by motor vehicles or trains.
(D) Airborne Emissions. No airborne emissions shall be produced that are readily detectable off-site without instruments by the average person, or that cause any damage to human health, animals, vegetation or property.
(1) Visible emissions shall not exceed the rules and regulations of the Bay Area Air Quality Management District.
(2) No emission of odorous gases or other odorous matter shall be produced in such quantities as to be readily detectable off-site by the average person.
(E) Electrical Disturbance. No activities shall produce electrical disturbance that affects the operation at any point of any equipment other than that of the creator of such disturbance.
(F) Climate. No humidity, heat or cold shall be produced that is perceptible without instruments by the average person off-site.
(G) Lights. No bright or flashing lights shall be visible off-site.
19.14.050 Permitted uses.
Table 19.14.050 of this section sets forth the permitted and conditionally-permitted uses for each industrial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.
Table 19.14.050
PERMITTED AND CONDITIONALLY
PERMITTED USES
1
INDUSTRIAL DISTRICTS
| Use Classifications | Zoning District | Related Provisions | ||
|---|---|---|---|---|
| PLI | LI | GI | ||
| Residential | ||||
| Congregate living facility | - | - | - | |
| Farm employees housing | - | - | - | |
| Garden apartments | - | - | - | |
| Mobilehome | - | - | - | |
| Mobilehome parks | - | - | - | |
| Multifamily residential | - | - | - | |
| Residential care home | - | - | - | |
| Second residential unit | - | - | - | |
| Single-family residential | ||||
| - Detached | - | - | - | |
| - Semidetached | - | - | - | |
| Townhouses | - | - | - | |
| Commercial | ||||
| Adult-entertainment business | - | - | P | |
| Ambulance services | - | P | P | |
| Animal retail sales | C | - | - | |
| - Boarding kennel | C | - | - | |
| - Grooming | C | - | - | |
| - Medical care | C | - | - | |
| - Retail sales | C | - | - | |
| Bank, savings and loan | - | C | - | GP Policy 1.22.2 |
| - Drive-up service | - | C | - | GP Policy 1.22.2 |
| - Walk-up service | - | C | - | GP Policy 1.22.2 |
| Bookstore | - | P | P | |
| Building materials and services | - | C | P | GP Policy 1.22.6 |
| Catering | - | P | P | |
| Commercial printing | P | P | P | |
| - Limited printing | C | C | C | |
| Communication services | P | P | P | |
| Drugstores | - | P | P | |
| Eating and drinking establishments | - | C | C | |
| Entertainment, indoor | - | - | - | |
| - Amusement center | - | - | - | |
| - Gaming | - | - | - | |
| Food sales | - | C | C | |
| Funeral and interment services | - | - | - | |
| Health services | P | - | - | |
| Hookah bar | - | - | - | |
| Laboratory | P | P | P | |
| Lodging services | - | - | - | |
| - Bed and breakfast inns | - | - | - | |
| Long-term care facility | - | - | - | |
| Maintenance and repair services | - | P | P | GP Policy 1.22.6 |
| Nursery | - | - | - | |
| Offices, business and professional | P | P | C | GP Policy 1.22.1 |
| On-premises liquor consumption | - | - | - | GP Policy 1.22.2 |
| - Tasting room | C | C | C | |
| Outdoor sales and displays | - | C | - | |
| Overnight accommodations, lodging services | - | - | - | |
| Pawnshops | - | - | - | |
| - Adjacent to residential district | - | - | - | |
| Personal improvement services | - | C | C | GP Policy 1.22.2 |
| - Adjacent to residential district | - | C | - | |
| Personal services | - | - | - | |
| Professional and medical offices | P | P | P | |
| Recycling collection center | - | C | C | GP Policy 1.22.2 |
| Restaurant | - | C | C | |
| - Night use | - | C | - | |
| Restaurant, take-out | - | C | - | |
| - Night use | - | C | - | |
| Retail commercial | - | C | - | |
| Retail food sales | - | - | - | |
| - Convenience store | - | - | - | |
| - Liquor store | - | - | - | |
| Retail sales | - | C | C | GP Policy 1.22.2 |
| - Limited | - | - | - | |
| - Visitor-oriented | - | - | - | |
| Tobacco retailer, large-scale | - | - | - | |
| Tobacco retailer, small-format | - | - | - | |
| Vapor bar | - | - | - | |
| Vehicle/equipment sales and service | - | - | - | |
| - Automobile rental | - | C | - | GP Policy 1.22.6 |
| - Automobile washing | - | - | C | GP Policy 1.22.6 |
| - Service station | - | - | - | |
| - Vehicle/equipment repair | - | - | P | GP Policy 1.22.6 |
| - Vehicle/equipment sales, lease and rentals | - | C | C | GP Policy 1.22.6 |
|
|
- | - | - | |
| Wholesale, commercial | C | C | P | |
| Industrial | ||||
| Hazardous use | - | - | C | |
| Industry, general | C | - | P | |
| Industry, limited | P | P | P | |
| Mineral extraction | - | - | C | GP Policy 8.15.3-8.17.3 |
| Recycling center | - | - | C | |
| Research and development | P | P | P | |
| Storage tank(s) | C | C | C | |
| Vehicle/equipment services | ||||
| - Vehicle/equipment repair | - | - | P | |
| - Vehicle storage | - | - | C | |
| Wholesaling, distribution and storage | ||||
| - Small scale | C | C | P | |
| - Trucking terminal | C | - | P | |
| Recreational | ||||
| Campground | - | - | - | |
| Marina | - | - | - | |
| Recreational facilities, private | - | - | - | |
| Recreational facilities, public | - | - | - | |
| Recreation and sports, indoor | P | P | P | |
| Recreation and sports, outdoor | - | - | - | |
| Recreation, passive | - | - | - | |
| Recreational vehicle park | - | - | - | |
| Staging area | - | - | - | |
| Public and Quasi-Public | ||||
| Ambulance service | P | P | P | |
| Animal shelter | C | C | C | |
| Antenna | P | P | P | |
| - Commercial | - | - | - | |
| Cemetery | - | - | - | |
| Charitable uses | - | - | - | |
| Club, lodge | - | - | - | |
| Community center | - | - | - | |
| Conference center | - | - | - | |
| Cultural facility | - | - | - | |
| Day care center | M | M | M | |
| Emergency shelter | P | P | - | |
| Government facility | P | P | P | |
| Hospital | - | - | - | |
| Maintenance and service facility | P | P | P | |
| Public information center | - | - | - | |
| Public parking | - | - | - | |
| - Structure | - | - | - | |
| Public safety facility | P | P | P | |
| Religious facility | C | C | C | |
| School | - | - | - | |
| Transportation terminal | - | P | P | |
| Utilities, major | C | C | C | |
| Utilities, minor | P | P | P | |
| Agricultural | ||||
| Animal husbandry | P | P | P | |
| Crop production | - | - | - | |
| Winery | C | C | P | |
| Accessory | ||||
| Accessory dwelling unit | - | - | - | |
| Livestock keeping | - | - | - | |
| Cafeteria | P | P | P | |
| Caretaker's quarters | C | C | C | |
| Day care home, large | - | - | - | |
| Day care home, small | - | - | - | |
| Guest house | - | - | - | |
| Home occupation | - | - | - | |
| Horticulture, limited | - | - | - | |
| Room rentals | - | - | - | |
| Temporary | ||||
| Animal show | - | - | - | |
| Circus, carnival | - | - | - | |
| Commercial filming | C | C | C | |
| Live entertainment | - | - | - | |
| Mobile structures | C | C | C | |
| Personal property sales | - | - | - | |
| Retail sales, outdoor | - | - | - | |
| Seasonal sales | P | P | P | |
| Street fair | - | - | - | |
| Tent | - | - | - | |
19.14.060 Development standards.
Table 19.14.060 of this chapter sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each industrial district.
Table 19.14.060
| Zoning District | PLI | LI | GI |
|---|---|---|---|
| Minimum area per lot | 20,000 sq. ft. | 20,000 sq. ft. | 40,000 sq. ft. |
| Minimum width per lot | 100 feet | 100 feet | 150 feet |
| Minimum depth per lot | 100 feet | 100 feet | 150 feet |
| Minimum front yard | 20 feet | 20 feet | 20 feet |
| Minimum side yard | |||
| One-story | 5 feet | 5 feet | 10 feet |
| Two-story | 10 feet | 10 feet | 10 feet |
| Street side of corner lot | 15 feet | 15 feet | 15 feet |
| Minimum rear yard | 10 feet | 10 feet | 10 feet |
| Minimum setback from Hwy 29 | 40 feet | 40 feet | 40 feet |
| 50 feet avg. | 50 feet avg. | 50 feet avg. | |
| Minimum setback from arterial | 30 feet | 30 feet | 30 feet |
| Maximum floor area ratio | |||
| Labor-intensive uses | 50% | 50% | 50% |
| Low-labor uses | 70% | 70% | 70% |
| Maximum number of stories | 3.0 | 3.0 | 3.0 |
| Maximum building height | 45 feet | 40 feet | 40 feet |
* Where an existing legal, nonconforming, structure encroaches into a setback, which was established after the building was constructed, the existing building line may be continued subject to community development director approval.
19.14.070 Automobile parking requirements.
(A) General Provisions.
(1) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.
(2) When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.
(3) Required parking spaces shall not be located within any front or side yard setback areas.
(4) Except as may be provided for in this chapter, required parking spaces shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area.
(5) The planning commission may approve deviations from these standards by use permit.
(B) Number of Spaces Required.
(1) Except as may be provided for in this chapter, automobile parking spaces shall be provided in the number set forth in Table 19.14.070(B) of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.14.070(B) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.
(2) Fractional space requirements of .5 or more shall be counted as the next largest whole space.
(3) When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.
(4) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.
(5) Handicapped parking shall be provided according to the latest standards established by the state of California.
(6) No area may be utilized and counted both as a required parking space and a required loading space other than for company owned vehicles periodically stored for on-site loading.
| Table 19.14.070(B) | |
|---|---|
| Pre-schools; day care centers | One per staff member, plus 1 for each 10 children. |
| Religious assembly | 1 per 4 fixed seats in the principal sanctuary; one per 9 linear feet of fixed benches; one per 50 square feet of nonfixed seating area. |
| Offices, business and professional | One per 300 square feet of gross floor area |
| Retail sales, general | One per 300 square feet of gross floor area |
| Retail sales, food | One per 250 square feet of gross floor area |
| Bulk merchandise sales, including furniture, household appliances, and building materials | One per 500 square feet of gross floor area |
| Vehicle/equipment sales; nursery | One per 500 square feet of gross floor area within any showroom, plus 1 per 1,000 square feet of outdoor display or sales area for the first 10,000 square feet; then 1 per 5,000 square feet of outdoor display or sales area thereafter. |
| Wholesaling, commercial | One per 500 square feet of gross floor area |
| Restaurant, including those providing liquor consumption | One per 100 square feet of gross floor area. A minimum of 5 spaces shall be provided for such use. |
| Bank; savings and loan | One per 200 square feet of gross floor area in public area (excluding vault), plus 1 per 300 square feet of gross floor area for general office uses. |
| Spectator entertainment; auditorium | One per 4 fixed seats, or one per 9 linear feet of fixed benches, or one per 50 square feet of nonfixed seating area, whichever is greater. |
| Health club; spa; dance studio | One per 100 square feet of gross floor area accessible to members or clients, including any pool area. |
| Game court | Three per court |
| Vehicle repair | Four per repair stall |
| Service station | One per pump island, plus one per service bay |
| Car wash, full service | One per 2 employees on the maximum shift, plus vehicle stacking area equal to 3 times the capacity of the enclosed washing operation |
| Car wash, self-serve | Two spaces for drying and cleaning purposes per stall, plus 2 reservoir spaces in front of each stall. |
| Self-storage facilities | One per employee; a minimum of 5 spaces shall be provided for such use. |
| Warehousing and storage | One per 1,000 square feet of gross floor area for the first 20,000 square feet of space, plus 1 per each 2,000 square feet of gross floor area thereafter. |
| Manufacturing, processing, packing, research, research service | One per 500 square feet of gross floor area |
| Research and development | One per 300 square feet of gross floor area |
| Company-owned vehicle parked on premises | One per truck, car or other vehicle |
(C) Shared Parking.
(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.
(2) Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.
(3) The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.
(4) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.
(5) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.
(6) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.
(D) Dimensional Requirements.
(1) Standard Spaces. Required minimum parking dimensions are indicated in Table 19.04.070(D). Minimum dimensions shall not include any landscaped areas.
|
Table 19.04.070(D) MINIMUM PARKING DIMENSIONS FOR STANDARD STALLS |
|||||
|---|---|---|---|---|---|
| Parking Angle (PA) | Minimum Stall Dimensions | Minimum Aisle Widths (A) | |||
| Width (W) | Depth (D) | Length (L) | One-Way | Two-Way | |
| Parallel | 8′ | n/a | 22′ | 18′6″ | 20′ |
| 30 degrees | 9′ | 16′ | 18′ | 12′ | 20′ |
| 45 degrees | 9′ | 19′ | 18′ | 14′ | 20′ |
| 60 degrees | 9′ | 20′ | 18′ | 20′ | 20′ |
| 90 degrees | 9′ | 18′ | 18′ | 25′ | 25′ |
(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.
(E) Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.
(F) Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.
(G) Curbing and Walkways.
(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.
(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.
(3) Individual wheel stops shall not be used.
(H) Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.
(I) Landscaping.
(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.
(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.
(3) Landscaped areas shall have a minimum width of five feet.
(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.
(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.
(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.
(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.
(8) The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped (see ACMC Section 19.22.040)
(J) Screening.
(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.
(2) Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.
(K) Lighting.
(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.
(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.
(L) Location of Parking Spaces.
(1) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.
(2) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.
(M) Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris.
19.14.080 Loading requirements.
(A) Number Required. Loading spaces shall be provided for all industrial uses according to Table 19.14.080(A) below for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.14.080(A) to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.
Table 19.14.080(A)
| Use | Gross Floor Area | Minimum Loading Spaces |
|---|---|---|
| Commercial (non-office) | <5,000 sq. ft. | None |
| 5,000-20,000 sq. ft. | One | |
| Office | <20,000 sq. ft. | None |
| 20,000-40,000 sq. ft. | One | |
| Manufacturing, wholesale, warehousing, industrial | <20,000 sq. ft. | One |
| All of the above uses | Each additional 20,000 sq. ft. | One additional space |
(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.
(C) Location of Loading Spaces.
(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.
(2) Loading spaces shall not be located in any required front or side yard.
(3) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.
(4) Loading spaces should be concealed from off-site view to the maximum extent feasible.
(5) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.
19.14.090 Bicycle parking requirements.
(A) Bicycle parking shall be provided in commercial and employment areas according to Table 19.14.090(A) below.
Table 19.14.090(A)
| Total Automobile Parking Spaces |
Minimum Number of Bicycle Spaces |
|---|---|
| 0 | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | |
| 9 | |
| 400 and greater | 10 |
(B) Bicycle parking should be located in highly visible locations and should be lockable.
19.14.100 Building Design (All Industrial Districts).
(A) Achieve high quality development design and existing use compatibility following design features:
(1) Architectural treatment of all building elevations.
(2) Extensive use of landscape along the primary street frontages and parking lots.
(3) Enclose storage areas visible from principal highways (including Highway 29) and peripheral residential and commercial districts with decorative screening or other elements.
(4) Screen rooftop mechanical equipment with a parapet or roof screen equal in height to the mechanical equipment.
(B) Require that industrial areas developed as research and development and office-oriented business parks be designed to convey a unified character by consideration of the following:
(1) Interconnect individual buildings with pedestrian walkways, arcades, and/or other visual elements.
(2) Differentiate building facades with materials, color, architectural details and building elevation articulation.
(3) Incorporate extensive landscape in parking areas, along building frontages, and other public areas.
(4) Use consistent and well-designed public and informational signage.
(5) Install of elements that define key entry points into the industrial district.
Chapter 19.15 RECREATION AND OPEN SPACE
19.15.010 Purpose.
The purpose for establishing these recreation and open space districts and permitted uses is to:
(A) Maintain adequate open spaces to protect environmental resources, provide recreational opportunities, and contribute "relief" from urban and suburban activities;
(B) Preserve the important environmental resources of the city;
(C) Accommodate passive recreation, hiking and equestrian activities;
(D) Preclude development or activities in wetlands and significant habitats;
(E) Support compatible commercial activities which capitalize on local and regional agricultural vineyard resources.
19.15.020 Permitted uses.
Table 19.15.020 of this chapter sets forth the permitted and conditionally permitted uses for each public district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. If no letter is found opposite a particular use, it is not permitted in that district.
| Table 19.15.020 PERMITTED AND CONDITIONALLY PERMITTED USES1 RECREATION AND OPEN SPACE DISTRICT |
|||||
|---|---|---|---|---|---|
| Use Classifications | Zoning District | Related Provision | |||
| OS | OS-CRW | REC | |||
| Agriculture | |||||
| Animal husbandry | - | P | P | ||
| Crop production | - | P | P | ||
| Winery2 | - | - | C | ||
| Commercial | |||||
| Boarding kennel | - | C | C | ||
| Lodging services | - | - | - | ||
| On-premises liquor consumption | - | - | - | ||
| Restaurant | - | - | - | ||
| Retail sales, incidental to primary use | - | C | C | ||
| Recreational | |||||
| Campground | - | C | C | ||
| Marina | - | - | - | ||
| Recreational facilities, private | - | - | C | ||
| Recreational facilities, public | C | C | C | ||
| Recreation and sports, indoor | - | - | - | ||
| Recreation and sports, outdoor | C | C | C | ||
| Use Classifications | Zoning District | Related Provision | |||
|---|---|---|---|---|---|
| OS | OS-CRW | REC | |||
| Recreation, passive | P | P | P | ||
| Recreational vehicle park | - | - | - | ||
| Staging area | C | C | C | ||
| Residential | |||||
| Single-family residential—Detached | - | - | P | GP Goal 1N | |
| Public and Quasi-Public | |||||
| Animal shelter | - | C | C | ||
| Antenna | - | P | P | ||
| Exceeding height limitations | - | C | C | ||
| Small-cell antenna facility | P | P | P | Chapter 19.53 | |
| Cemetery | C | - | - | ||
| Club, lodge | - | C | - | ||
| Community center | - | C | - | ||
| Conference center | - | - | - | ||
| Cultural facility | P | P | - | ||
| Maintenance and service facility | - | - | - | ||
| Public information center | P | P | - | ||
| Public parking | P | P | - | ||
| Public safety facility | - | C | - | ||
| Religious facility | - | - | - | GP Policy 1.23.4 | |
| Transportation terminal | - | - | - | ||
| Utilities, major | C | - | - | ||
| Utilities, minor | P | P | P | ||
| Accessory | |||||
| Caretaker's quarters | P | P | |||
| Horticulture | - | P | P | ||
| Tent | - | C | C | ||
| Temporary | |||||
| Commercial filming | C | P | C | ||
| Mobile structure | C | C | C | Chapter 19.30 | |
| Seasonal sales | - | P | P | ||
| Special event | - | P | P | Chapter 5.05 | |
Note:
"OS" denotes Open Space District
"OS-CRW" denotes Open Space—Clarke Ranch West District
"REC" denotes Recreation District
19.15.030 Development standards.
Table 19.15.030 of this chapter sets forth the development standards for each recreation and open space district.
Footnotes:
(1) Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
(2) For purposes of Table 19.15.020, "Winery" shall include the uses defined in Section 19.05.090 in conjunction with viticulture related activities such as bottling, storage, logistics, distribution, wine packing, and wine-related services.
(3) Subject to a conditional use permit approval, a maximum of 25% of the floor area within one building or 25% of the collective square footage of 2 or more buildings in the Recreation Zoning District may be allocated to non-wine related uses.
| Table 19.15.030 DEVELOPMENT STANDARDS RECREATION AND OPEN SPACE DISTRICT |
||
|---|---|---|
| Development Standard | Zoning District | |
| Recreation | OS, OS-CRW | |
| Minimum site size | 10 acres | 10 acres |
| Maximum site coverage | 50% 1, 2, 3 | 10% |
| Maximum residential intensity (recreation district only) | 1 dwelling unit | |
| Maximum building height | 35 feet | 35 feet |
| Building setbacks from: | ||
| Major highways | 50 feet | 50 feet |
| Primary highways | 42 feet | 42 feet |
| Secondary highways: | ||
| In nonresidential areas | 35 feet | 35 feet |
| In residential areas | 25 feet | 25 feet |
| Commuter highways and local streets | 15 feet | 15 feet |
| Interior boundary if adjacent to residential uses: | ||
| Side | 35 feet | 35 feet |
| Rear | 20 feet | 20 feet |
| Interior boundary if adjacent to nonresidential uses: | ||
| Side | 35 feet | 35 feet |
| Rear | 35 feet | 35 feet |
| Building to building | 10 feet | 10 feet |
Footnotes:
(1) Outdoor winery related equipment such as tanks and crushing equipment customarily located outside of buildings are not included within the lot coverage standards.
(2) Site design must accommodate onsite trail connectivity with adjacent properties.
(3) Outdoor winery related equipment shall be screened from view of public streets, parks and trails with landscaping, opaque fence, or wall. Landscape screening shall include sufficient quantities, types, heights and densities of materials to provide at least 50% opacity within five years of planting, and shall be maintained by the property owner at 50% or greater opacity thereafter.
Chapter 19.16 PC PLANNED COMMUNITY DISTRICT
19.16.010 Purpose and intent.
The planned community zone is created to:
(A) Provide a mechanism for implementing subarea policies contained in the general plan land use element;
(B) Provide for a measured degree of flexibility in development standards to promote creative development concepts, including increased areas devoted to functional open space and a more thoughtful relationship between dwelling units and open space;
(C) Promote provision of additional amenities such as community facilities in conjunction with implementation of development standards that are generally more flexible than traditional residential zoning standards;
(D) Establish standards and parameters for contemporary development concepts such as attached or detached cluster single-family housing or a mix of similar use types;
(E) Encourage the use of cluster development opportunities to preserve significant environmental resources;
(F) Establish standards for variation of lot sizes to facilitate and ensure sufficient diversity in housing styles, types, sizes and costs;
(G) Establish parameters for project phasing that reflects the city's ability to provide services and infrastructure in a logical, orderly cost effective manner.
19.16.020 Zone change and conceptual master plan.
All proposals to utilize provisions of this chapter will require rezoning to the planned community zone and approval of a planned community conceptual master plan. The planned community conceptual master plan shall be made a part of the city's official zoning map.
19.16.030 Planned community development permit.
A planned community development permit is the implementing mechanism of the conceptual master plan and may be processed either concurrent with or subsequent to the rezone and conceptual master plan.
19.16.040 Relationship of conceptual master plan and planned community development permit to related entitlements.
Related entitlements may be processed either subsequent to or concurrent with a planned community development permit. Notwithstanding the foregoing, a tentative subdivision map may be processed concurrently with a conceptual master plan.
19.16.050 Permitted uses.
There shall be no principally permitted uses other than those approved under a conceptual master plan and approved planned community development permit or modification thereof.
NOTE: Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
19.16.060 Neighborhood commercial uses in areas designated for residential land uses.
Neighborhood commercial uses may be permitted in areas designated for residential land uses on the general plan land use map if approved under a conceptual master plan pursuant to the specifications and limitations contained in the land use and subarea schedule within the general plan land use element.
19.16.070 Permitted densities.
Permissible gross densities within a planned community master plan area shall be as specified in the general plan and land use map. Densities proposed for a portion of a planned community master plan area may exceed densities established under the general plan if overall densities within the boundaries of the master plan area remain consistent with the established general plan density range. Cluster single-family attached (including townhomes) or semi-attached housing may be considered in areas designated single-family residential on the general plan land use map if it can be clearly demonstrated that such clustering results in: (A) greater protection of environmental resources including, but not limited to, steep hillsides or biological resources/sensitive habitats, or results in provision of an amenity or amenities of community-wide importance; and (B) is consistent with specifications contained in the land use and subarea schedules contained in the general plan land use element.
19.16.080 Minimum site area.
The minimum site area for establishing a planned community district is ten acres.
19.16.090 Procedures and submittal requirements pertaining to establishment of a planned community zone.
(A) Conceptual Master Plan. Proposals to establish a planned community zone shall be accompanied by a conceptual master plan containing the information set forth below:
(1) Background information on physical characteristics of the concept plan area, including a detailed topographic map, the location of all drainage courses, and a vicinity map showing all adjacent uses and physical features and any necessary environmental information, including special studies as may be required based on environmental sensitivity maps contained in the general plan;
(2) The proposed locations of various land uses and intensities of land use, including proposed street and lot layouts, street and infrastructure connections to adjacent properties, the location of off-street parking areas, preliminary grading information including heights and widths of proposed manufactured slopes and any other pertinent information contributing to the understanding of the overall development concept;
(3) Areas proposed to be dedicated, reserved or developed for parks, parkways, school sites, public or quasi-public buildings or similar uses. Sufficient topographic and soil condition information shall be provided for these areas to establish that they would be functional for the intended uses;
(4) A description of the proposed development concept shall be an attachment and part of the conceptual master plan. The description should set forth proposed lot sizes and patterns, any unique architectural or site plan themes or elements that will be incorporated into the project, typical sketches for plotting of houses, criteria for addressing unique circumstances such as interface between differing land uses, any unique grading techniques that will be utilized, or similar information that will establish the parameters for exhibits, standards and conditions that will be necessary for submittal of a planned community development permit and related entitlement applications;
(5) An infrastructure master plan, evaluating sizing and extensions of infrastructure necessary to serve all phases of the development and any future planned development of adjacent areas. Included shall be a fiscal impact study analyzing costs of new demand for necessary infrastructure and services on both a short and long-term basis, how they will be funded, and potential funding shortfalls. These requirements may be reduced or waived for provided master plan areas containing twenty acres or less in area;
(6) An engineering analysis of infrastructure capacities, including the ability of the city to provide water and treat wastewater during peak periods or under reduced allocation years. The analysis shall include projected water use and wastewater generation at project buildout, current city uses and capacities, and anticipated uses and capacities at buildout;
(7) Tentative subdivision map (optional, may be deferred until planned development permit phase at discretion of planned community proponent);
(8) A preliminary phasing plan indicating sequence of development and related subdivision of land. Maximum buildout rate may be established based on the fiscal analysis and infrastructure capacity analysis. A funding mechanism must be established to pay for all necessary infrastructure for each phase of development. Phasing plan requirements may be reduced or waived for proposed master plan areas containing twenty acres or less in area.
(9) Rate of anticipated development (required at conceptual master plan stage if a tentative map is processed concurrently);
(10) Preliminary information on anticipated home prices, rental rates and dwelling sizes;
(11) A statement from the Napa Unified School District indicating school capacities and facility needs in the vicinity of the proposed planned community;
(12) Any other information that may be deemed necessary by the city to properly assess the zone change request.
(B) Planning Commission Review. The planning commission shall review and make a recommendation to the city council regarding the proposed planned community zone and conceptual master plan following a duly noticed public hearing based on standards and findings outlined herein.
(C) City Council Action. Upon receipt of the recommendations of the planning commission, the city council shall conduct a duly noticed public hearing to consider the request to establish a planned community zone and conceptual master plan. In the event that the planning commission recommends against the zone change to a planned community zone, the city council need not take further action on the zone change unless an interested party files a request for a hearing with the city clerk within five days after the planning commission files its recommendations with the city council (Government Code Section 65856). The council's action shall be based on conformity with the adopted general plan and compliance with all applicable standards and findings set forth herein.
19.16.100 Procedures and submittal requirements for approval of a planned community development permit.
(A) A planned community development permit application shall contain detailed development information either for a portion or all of the conceptual master plan area as set forth below. Additional information or clarification of submittal materials may be requested as deemed necessary by the city based on project specific issues or characteristics:
(1) Specific lot and street layout fully dimensioned and to scale;
(2) Complete plot plans for all proposed dwellings, buildings and structures, fully dimensioned and to scale (may be submitted in phases based on development sequence);
(3) Detailed building elevations fully dimensioned and to scale (may be submitted in phases based on development sequence);
(4) Floor plans for each type of dwelling or structure being proposed (may be submitted in phases based on development sequence);
(5) Illustrative drawings showing the relationship between interior dwelling areas and usable private yards and interior spaces (may be submitted in phases based on development sequence);
(6) Detailed landscape and improvements plans for all open space, recreational, greenbelt, parkway, common space and slope areas;
(7) Detailed grading information including height and width of all manufactured slopes;
(8) A preliminary drainage plan;
(9) Proposed tentative subdivision or parcel map if not submitted under the conceptual master plan;
(10) A final phasing plan;
(11) Rate of anticipated development which may be defined by the city under the terms of the planned community development permit.
(B) Planning Commission Action. The planning commission shall be the final decision-making authority for a planned community development permit unless appealed pursuant to procedures established under Section 19.16.090(C).
(C) Establishment of Conditions. The planning commission or city council may impose any and all conditions on the planned development permit necessary to ensure implementation of the planned community conceptual master plan in a manner consistent with the general plan, the standards in the planned community zone, and as may be required to protect the public health, safety and general welfare.
(D) Subsequent Entitlements within the Master Plan Area. Following approval of a conceptual master plan and planned community development permit, applications may be acted upon for subdivision or development of the property in accordance with the plans, terms and conditions of the planned development permit. Concurrent processing of the conceptual master plan, planned community development permit and related entitlement requests may be permissible if the entitlements are consistent with the conceptual master plan and development permit and the zone change and development permit are approved prior to other entitlement requests. The subsequent entitlement requests shall be processed in accordance with the applicable procedures established in the zoning and subdivision ordinances.
19.16.110 Development standards—Single-family subdivisions including those proposing lot sizes smaller than the baseline lot size.
The following standards shall be applicable to all single-family residential subdivisions within areas designated single-family or multifamily residential on the general plan land use map unless otherwise noted. The intent of these standards is to provide a measured degree of increased flexibility over standard single-family zoning while establishing compensating or circumstances that would justify greater variation than what would normally be expected. Minimum standards are established to ensure that the basic integrity of the single-family general plan designation is retained and that a range of lot sizes be provided to meet both current and future city housing needs for various home types and market ranges.
(A) Baseline Lot Size/Mix of Lot Sizes. The baseline lot size shall be six thousand five hundred square feet. A reasonable proportion of lots proposed within a planned community may be less than the baseline with a minimum lot size of four thousand five hundred square feet. All lot sizes within a planned community may be larger than six thousand five hundred square feet although the reverse in which all lots are less than six thousand five hundred square feet is not permitted. The distribution and ratio of lot sizes shall be based on the following factors:
(1) Topographic and other physical constraints;
(2) Lot sizes and intensities of surrounding land uses;
(3) Proximity to common or public open spaces;
(4) Preservation of significant environmental resources;
(5) The above standards are not applicable to areas designated multifamily on the general plan land use map where the acceptable minimum lot sizes and mix of lot sizes shall be established under a conceptual master plan and planned community development permit.
(B) Exceptions for Extraordinary Features. Exceptions to the lot size and mix limitations under may be considered for significant community facilities or amenities proposed under a conceptual master plan. Significant community facilities include, but are not limited to, an improved public park encompassing an area equal to or larger than park area per population requirement established in the parks and recreation element of the general plan, a recreational facility or day care center serving the proposed community and the community at large, regional trail improvements, or significant contributions (land, facilities, or combination thereof) to school facilities. A determination of any exception pursuant to this section shall be made during review of the conceptual master plan.
(C) Lot Width. Lot widths shall be fifty feet or greater but may be less if it can be clearly demonstrated that a lesser lot width will not result in over concentration or minimal separation of structures, excessive garage door width in proportion to overall dwelling width, or reduced articulation of the front entry.
(D) Lot Depth. Lot depths shall be ninety feet or greater but may be less if it can be clearly demonstrated that adequate private area is being provided despite lesser lot depth or compensating common open space is provided adjacent to the lots.
(E) Lot Design. Lots shall generally be rectangular in shape and reasonably proportioned. The number of abutting lots shall be minimized.
(F) Dwelling/Garage Proportion. Garage door width shall not be the dominant architectural feature of the front dwelling elevation. Garage doors shall not occupy more than fifty percent of the width of the front of the dwelling unless it can clearly established that the front entry is clearly defined through use of a porch or similar feature and prominence of the garage door is reduced through use of second story architectural elements above, multiple panel garage doors rather than a single panel or similar measures.
(G) Front Setbacks. The minimum front setback from back of sidewalk to the main dwelling is fourteen feet. The minimum setback from the back of sidewalk to face of garage (attached or detached) shall be twenty feet except for side entry garages which may be set back a minimum of fourteen feet.
(H) Front Setback Variation. No more than three consecutive dwellings shall contain the same front setback. A minimum variation of five feet is required with the minimum front setback of fourteen feet.
(I) Rear Setback. The minimum rear setback is twenty feet. The minimum setback to the top or toe of a manufactured slope with a steepness greater than or equal to 3:1 shall be fifteen feet. The minimum setback for a detached or attached garage (without a second story) is five feet. Reduced setback may be permitted for private yards abutting significant common open space. Reduced setbacks for patio covers, decks or other accessory structures may be established pursuant to special standards under the planned community permit.
(J) Side Yard Setbacks. A "0" lot line may be permitted on one side if a fifteen foot separation between dwellings is provided on the opposite side. In all other cases, the minimum side yard setback shall be five feet on one side with a minimum ten foot setback on the opposite side. Alternatives may be considered if development plans clearly establish that dwelling separations and viewsheds are enhanced, privacy impacts are minimized, and grading impacts on the adjacent property are no greater than they would be with the standard setbacks.
(K) Shared Driveways. Shall be encouraged whenever feasible.
(L) Maximum Building Height. Two and one-half stories or thirty feet measured to the midpoint of a hip or gable type roof or the top of a flat roof.
(M) Private Open Space. A minimum of five hundred square feet of fenced private yard area is required for each single-family lot. Exceptions may be considered for dwellings abutting common open space areas that are functional for outdoor recreational activities. All dwellings shall have direct access to private yard areas. Private yard areas shall be oriented on the south or west sides of buildings to the greatest extent feasible to ensure penetration of low winter sun angles. Alternatively the fenced yard area shall have adequate dimensions to reduce shading effects of a north building location.
(N) Building Elevations. Similar architectural treatment shall be utilized on all sides of a building. Massing of second story elements shall be reduced through use of multiple roof lines, variation of wall planes and incorporation of architectural features such as dormers or multiple gable roof ends.
(O) Garage Doors. All garage doors shall be of equal or greater quality to that provided by the roll up variety. Swing up doors are not permitted.
(P) Defined Dwelling Entries. All dwelling units shall incorporate architectural elements that clearly define unit entries. All unit entries shall be highly visible and oriented to the street to minimize security problems.
(Q) Passive Solar Design. All dwellings shall have sufficient roof overhangs to promote winter heating and summer shading. Main mass of dwellings shall be oriented so as to take advantage of southerly exposures wherever feasible with consideration also given to prevailing southwest wind flows. Attached garages on the south side of dwellings shall be avoided except where no reasonable alternative exists.
(R) Common Open Space/Public Facilities. All projects proposing single-family dwelling lots smaller than the baseline minimum lot size shall include additional amenities and open spaces accessible by all project residents to compensate for reduced private yard areas. Open space areas must be large enough to be usable for sports and other outdoor activities. Neighborhoods shall be planned around these features to create community focal points. Size and type of facilities required will be based on project size and location. The open spaces and facilities may be public or private depending on the terms of the planned community development permit.
(S) Perimeter Walls. Every effort shall be made to reduce the need for perimeter walls. This may be accomplished through creative grading techniques, street and lot orientation, alternative land uses or residential densities at project perimeters or similar measures. If perimeter walls are unavoidable, a greenbelt of adequate width to minimize visual impacts of perimeter walls shall be provided adjacent to arterial or collector streets.
(T) Private Streets. Private streets may be permitted if a homeowners association is established for ongoing maintenance. The minimum standard section for a private street shall include sidewalks on both sides of the street, two travel lanes, and space available on both street sides for parallel parking. More extensive roadway improvements may be required depending on anticipated traffic levels. Alternative sections for private driveways may be considered based on function and location. Parking on both sides of the street may not be required where rear garage access is provided and is deemed consistent with the conceptual master plan.
19.16.120 Development standards—Multifamily residential including apartments, townhouses and condominiums.
All planned community conceptual master plan and development permit proposals containing the above development types within a portion or entire project area shall comply with the following standards set forth below:
(A) Required Setbacks. Minimum building setback for principal structures on all perimeter property lines shall be twenty feet except for arterial frontages where a minimum of thirty feet shall be provided. Side and rear yard setbacks for accessory structures shall be established under the planned community development permit. All parking areas shall be set back a minimum of twenty feet from arterial frontages. All setback areas shall be fully landscaped;
(B) Maximum building height: Two and one-half stories or thirty feet measured to the midpoint of a hip or gable type roof or the top of a flat roof;
(C) Minimum separation between buildings containing dwelling units: twenty feet;
(D) Common Usable Open Space. A minimum thirty percent of the project area devoted to multifamily uses shall be devoted to usable common open space for passive or active recreational uses. For purposes of meeting this requirement, usable open space areas shall not include public rights-of-way or private streets/driveways; vehicle parking areas; areas adjacent to or between any structures less than fifteen feet apart; private patios or yards; or areas having slopes of 3:1 or steeper. Common open space and recreational amenities shall be centrally located to serve as neighborhood focal points. Wherever possible, open spaces shall be visible from living areas within individual dwelling units to allow convenient supervision of children;
(E) Private Open Spaces. Each dwelling unit shall have a defined private open space area (balcony or patio) with minimum dimensions of ten feet by ten feet. These areas shall be fenced or within an enclosed balcony. Private yards abutting a major common open space area shall utilize low (four and one-half feet or less in height) fencing that is architecturally compatible with building design. Other fences shall be a maximum of six feet in height;
(F) Building Design. Multiple-family residential structures, including townhouses and condominiums, shall be designed to break up long wall or roof planes by providing defined unit entries, multiple roof lines, offsets in wall planes or similar features. Architectural treatment shall be provided on all building sides. Structures containing multiple units shall incorporate architectural elements that define individuality of each dwelling within the structure. This can be accomplished through provision of secondary roof line features such as secondary gables or porches that accentuate unit individuality;
(G) Design of Carports Garages Trash Enclosures and Other Accessory Structures. Design of such structures shall reflect the architecture of the primary buildings with respect to style, colors and materials;
(H) Garage Doors. All garage doors shall be of equal or greater quality to that provided by the roll up variety. Swing up doors are not permitted;
(I) Climatic Conditions/Passive Solar Design. All dwellings shall incorporate adequate roof overhangs to provide shading of the high summer sun while allowing passive solar heating from the low winter sun. Main mass of dwellings shall be oriented to take advantage of southern exposures to the maximum extent feasible with consideration also given to prevailing southwest wind flows. Private yard areas shall be oriented on the south or west sides of buildings to ensure penetration of low winter sun angles. Alternatively, the fenced yard area shall have adequate dimensions to ensure adequate direct solar gain to a portion of the private yard;
(J) Driveway Approaches/Design Features. All primary driveway approaches serving a multifamily development shall be delineated with interlocking pavers, decorative concrete, landscape medians or similar features.
19.16.130 Findings.
In order to issue a planned community development permit, the following findings shall be made:
(A) That the land use and development plan proposed is consistent with the general plan and any adopted specific plan or conceptual master plan applicable to the area of the proposed project;
(B) That the proposed planned community contains a development concept and standards that ensure a residential environment of sustained desirability and stability that is in harmony with the character of the surrounding neighborhood;
(C) That the proposed planned community contains adequate sites for any necessary public facilities and incorporates useable common and private open space or public park space that in combination result in open space levels and amenities equal to or greater than what can be achieved under traditional zoning standards;
(D) That plan details have been provided indicating that unit design and orientation to open space and vehicular traffic ways will facilitate cohesive neighborhood patterns, and an attractive living environment;
(E) That the automobile, bicycle and pedestrian traffic systems are adequately designed to meet anticipated needs and to minimize potential conflicts with each other;
(F) That a phased development plan has been established that is consistent with the city's ability to provide infrastructure and services to the proposed planned community;
(G) That a mix of lot sizes and unit types is provided that is appropriate to project scale and consistent with housing element policies for diversity in the city's housing stock;
(H) That any exception to the baseline lot size and mix requirements is compensated for by provision of public facilities and amenities of community-wide importance.
19.16.140 Master plan modifications.
No substantial change from an approved planned community conceptual master plan and development permit may be permitted unless approved by the original final decision making authority. Minor revisions consistent with the final approved planned community development permit may be approved by the community development director. For the purposes of this section, "substantial change" shall mean any change in land use, change in the number of permitted dwelling units, reduction in open space amenities, modification of overall design concepts, elimination, addition or rerouting of streets, or similar changes materially affecting the approved master plan concept. All such changes will require review by the planning commission and formal approval by the city council subject to procedures contained in this title.
19.16.150 Modifications—Review procedures.
All substantial changes shall require public hearings in accordance with procedures established in Section 19.16.090(B) or (C) or Section 19.16.100(B), whichever is applicable. All minor changes may be approved by the community development director without notice or hearing unless deemed appropriate by unique circumstances. Minor changes may be referred at the discretion of the community development director to the planning commission or may be appealed to the planning commission whose decision may be appealed to the city council.
19.16.160 Revocation.
In the event of a violation of any of the terms, conditions, or approved plans pertaining to an approved planned community conceptual master plan and development permit, the city council, after public notice and hearing, may revoke or modify a previously approved planned community conceptual master plan and development permit and initiate rezoning to an appropriate standard zone district consistent with the general plan designation applicable to the property.
19.16.170 Expiration of planned community development permit.
A planned community development permit issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative subdivision map, or any extension thereof, whichever occurs later.
A planned community development permit not issued in conjunction with a tentative subdivision map shall expire two years after the date of approval or an alternate date specified as a condition of approval, unless the permit has been initiated through commencement of substantial construction in good faith reliance on the permit or an extension has been granted. Upon application prior to the expiration of the planned community development permit, the time at which the permit expires may be extended for a period or periods not exceeding a total of three years. Prior to the expiration of a planned community development permit, upon an application to extend the permit, the permit shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. If the application for extension is denied, the decision may be appealed to the city council within fifteen days after the planning commission has denied the extension. Should a planned community development permit expire, a rezoning of the property shall be initiated to an appropriate standard zoning district consistent with the applicable general plan designation.
Chapter 19.17 SP SPECIFIC PLAN DISTRICT
19.17.010 Purpose and intent.
(A) Purpose. This chapter is intended to provide for the systematic implementation of general plan goals and policies for particular areas of the city that require a more comprehensive and intensive evaluation and planning effort due to their large size, the need to master plan infrastructure, and their unique environmental settings and viewsheds.
(B) Intent. A specific plan prepared in accordance with the standards set forth in this chapter is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable regulations of this title, the specific plan shall prevail.
19.17.020 Authority.
Specific plans are authorized by. California Government Code Section 65450 et seq., which specifies minimum contents and provides for fees and an additional environmental review procedure.
19.17.030 Applicability.
No building or grading permit, land division or other entitlement shall be granted within a specific plan district prior to the adoption of a specific plan. However, the provisions of this chapter shall not apply to any valid tentative map, conditional use permit or other entitlement approved or in effect prior to the effective date of this chapter.
19.17.040 General plan conformity.
Land uses in a specific plan district shall conform to the densities or intensities permitted by the area's applicable general plan land use designation(s).
19.17.050 Designation.
Prior to adoption of a specific plan, an area in a specific plan zoning district shall be designated as "SP" in a manner identical to that of any other zoning district. Following adoption of a specific plan for the area, a number shall be added to the designation that corresponds to its specific plan.
19.17.060 Application.
(A) Application.
(1) Application for a specific plan shall be filed with the community development department on forms prescribed by the planning commission, along with any plans, maps, or additional information required by the community development director. The application shall include, in part, a description of the proposed land use pattern, circulation and other improvements, phasing, requested modifications to development standards, financing of infrastructure improvements, and all other information required by state law for specific plans.
(2) The text and diagrams of the proposed specific plan shall be organized in a manner that clearly states the goals of the specific plan and sets forth regulations in a format readily usable by both professionals and lay persons who may have a role in implementing the specific plan.
(B) Preparation. Specific plans shall be prepared by the affected property owners in close cooperation with the city. Where property owners are unable or unwilling to prepare such specific plans, the city may prepare the specific plans in close cooperation with the affected property owners. The
city's costs of preparing or reviewing and adopting the specific plans and related environmental documents shall be recovered from the property owners benefiting by the specific plan, as provided for by state law.
19.17.070 Review and approval.
(A) Approval Authority. An application for a specific plan shall be reviewed and approved, conditionally-approved, or denied by the city council in accordance with the procedures set forth in Chapter 19.40, Review and Approval Procedures, following planning commission review and recommendations.
(B) Concurrent Processing. Where an application for a specific plan is concurrently filed with an application for a zoning map amendment or other entitlements that may be feasibly processed together, all public hearings may be held concurrently.
(C) Ordinance Amendment. Simultaneous with the approval of a specific plan by the city council, the specific plan shall be made a part of this title through assignment of a specific plan number and amending the zoning map accordingly.
(D) Subsequent Amendment. A specific plan may be amended as necessary, under the same procedure as adoption of a specific plan. The specific plan text shall contain provisions for processing major and minor modifications.
19.17.080 Required findings.
Prior to approving a specific plan, the following findings supported by adequate evidence shall be made by the city council:
(A) The distribution, location and extent of land uses, including open space, as depicted in the specific plan is consistent with the general plan.
(B) The specific plan provides for public infrastructure and services needed to support the land uses described in the plan, including adequate distribution, location, extent and intensity of transportation, sewage, water, drainage, solid waste disposal, energy, parks, community facilities and other essential facilities.
(C) The standards and development criteria, including requirements for resource utilization, will ensure that development proceeds in an orderly fashion and maintains a high level of quality.
(D) The specific plan contains implementation measures, including financing programs, to ensure that development is supported by adequate infrastructure as it occurs.
(E) The site is suitable for the type and intensity of development proposed.
(F) The flexibility in development standards afforded by the specific plan process has resulted in a project providing more superior design and amenities than would occur under more traditional zoning practices, and the project provides clear and substantial benefit to the city.
19.17.090 Conditions of approval.
(A) A specific plan may include such terms and conditions deemed appropriate or necessary by the city council to make the findings specified in Section 19.17.080. The specific plan adoption resolution may link its adoption to other entitlements or programs, such as subdivision or parcel maps, area facilities plans, design guidelines, monitoring programs, and financing mechanisms.
(B) A specific plan or its conditions of approvals may be subsequently modified per Chapter 19.45, Minor and Major Modifications.
Chapter 19.18 MHP MOBILEHOME PARK OVERLAY DISTRICT
19.18.010 Purpose.
The purpose of the MHP mobilehome park overlay district is to:
(A) Recognize the importance of existing mobilehome parks as a valuable city resource providing affordable housing and stable communities, protected from speculative pressures to convert to other land use types;
(B) Provide appropriate areas for residential mobilehome park development that are consistent with the general plan and with standards of the public health and safety as established by state or city code;
(C) Ensure adequate light, air, privacy and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion and other environmental effects;
(D) Achieve design compatibility with surrounding neighborhoods and promote and encourage orderly residential development with appropriate physical amenities.
19.18.020 Allowable uses.
(A) Permitted Uses. The following uses may be allowed in the MHP overlay district through approval of a design permit (Chapter 19.41):
(1) Mobilehome park, defined as a site developed for the long-term placement of mobilehomes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974;
(2) Accessory structures and recreational facilities related to mobilehome parks;
(3) Caretaker's quarters.
(B) Conditionally-Permitted Uses. The following uses may be allowed in the MHP overlay district through approval of a conditional use permit (Chapter 19.42):
(1) Mobilehome subdivision;
(2) The permitted and conditionally-permitted uses allowed by this title for the underlying base zone district.
(C) Mobilehome Park Conversion. All requests to convert a mobilehome park or subdivision to another land use requires a rezoning to eliminate the overlay district and compliance with the city's mobilehome park conversion ordinance.
19.18.030 Development standards.
(A) Project Area. A site proposed for a mobilehome park or subdivision shall be a minimum of ten acres.
(B) Density and Site Area.
(1) The minimum and maximum overall density of a mobilehome park or subdivision shall conform to the site's general plan land use designation and the underlying base zone district.
(2) Individual mobilehome sites or lots shall have a minimum area of three thousand six hundred eighty square feet.
(C) Site Width. Individual mobilehome sites or lots shall have a minimum width of forty-six feet.
(D) Perimeter Buffer Area. A landscaped area with a minimum width of twenty feet shall be maintained along the exterior boundaries of a mobilehome park or subdivision site as a buffer between the mobilehome units and the adjoining property, except when located adjacent to any public roadway, where a landscaped buffer area with a minimum width of thirty feet of shall be maintained.
(E) Minimum Yards.
(1) Side and Rear Yards. A five-foot minimum setback from the outer edge of any structure or mobilehome to the mobilehome side or rear space or lot line shall be maintained.
(2) Front Yard. A fifteen-foot minimum setback from the outer edge of any structure or mobilehome to the mobilehome front space or lot line shall be maintained.
(3) Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend up to two feet into any yard. No other encroachments shall be permitted.
(F) Maximum Height. The maximum height in the MHP overlay district shall be twenty-five feet and structures shall be limited to one story.
(G) Common Areas. Common areas shall be provided within a mobilehome park or subdivision for recreation and other activities. The size and type of facilities required will be based on project size and location.
(H) Circulation and Parking. All streets, access drives, parking bays and connection to public roads shall be in accordance with plans reviewed and approved by the city engineer.
(1) Access.
(a) All mobilehome spaces shall be served from internal private streets within the mobilehome park or subdivision, and there shall be no direct access from a mobilehome space to a public street or alley.
(b) Private streets shall have a clear and unobstructed access to a public thoroughfare.
(2) Street Widths.
(a) The minimum width for any street within a mobilehome park shall be no less than twenty-five feet.
(b) No interior street shall be less than thirty-two feet in width, curb to curb, if parking is allowed on one side and not less than forty feet in width if parking is allowed on both sides.
(3) Pedestrian Circulation. Sidewalks and pedestrian pathways shall be incorporated into the park design to allow normal circulation patterns to take place between adjacent parcels and common areas.
(4) Parking. Parking shall be provided in accordance with Chapter 19.21, Parking and Loading.
(I) Boat and Trailer Storage.
(1) All pleasure boats, trailers, campers and motor coaches shall be stored in an approved area set aside for such storage.
(2) Such areas shall be screened from view and shall provide a minimum of one boat or trailer space for every five mobilehome sites.
(3) Such storage shall not be allowed on any street or individual mobilehome space.
(J) Landscaping.
(1) A detailed landscaping plan shall be submitted for consideration with each application for a mobilehome park or subdivision, in accordance with Chapter 19.22, Landscaping and Screening. All open areas except driveways, parking areas, walkways, utility areas, decks, patios and porches shall be landscaped and maintained.
(2) Substantial trees shall be planted throughout the mobilehome park or subdivision, and one street, of a variety approved by the planning commission, shall be provided on each lot. Specimen trees of not less than five-gallon container size or one inch in trunk diameter shall be planted.
(K) Utilities.
(1) All utilities in a mobilehome park or subdivision shall be installed underground.
(2) Individual exposed antennas are not permitted. Each mobilehome park or subdivision shall utilize a master antenna system.
(L) Fences.
(1) The approving authority may require that the park or subdivision property be enclosed at the rear and sides by a six-foot fence and/or thick screen planting for control of view, light, sound and adequate security.
(2) Fences up to six feet in height may be permitted in the front setback area provided an average setback of ten feet from the street property line is observed and the area between the fence and property line is well landscaped and maintained. The height of fencing and landscaping located at intersections of streets, driveways and pedestrian walkways may be limited to provide clear lines of sight.
(M) Other Standards. Additional development standards may be prescribed as conditions of approval when such requirements are determined to be necessary to ensure the protection of the character of neighboring properties, the compatibility of land uses, and the health and safety of mobilehome development occupants and other city residents.
(N) Continued Maintenance. All recreation facilities, common open spaces, common area landscaping, perimeter walls and streets/driveways established under permits approved prior to adoption of this chapter shall be maintained and repaired on an ongoing basis to ensure that such facilities serve the purpose intended under the original or subsequent permit approvals.
19.18.040 Signs.
(A) Mobilehome park or subdivision signs shall be limited to one twenty-four square foot sign per major entrance, not to exceed a height of six feet.
(B) Each mobilehome park or subdivision shall maintain a directory sign showing the location and house number of each unit.
(C) Signs shall be subject to the permit procedures and standards set forth in Chapter 19.23, Sign Regulations, except as noted herein.
19.18.050 Senior mobile home park overlay zone.
(A) "Senior mobile home park" is a mobile home park in the city located within the MHP mobile home park overlay district in which at least eighty percent of the spaces are occupied by or intended for occupancy by at least one person who is age fifty-five or older.
(B) Coterminous with the existing zoning for mobile home park residential is the senior mobile home park overlay zone (MHP-S).
(C) Mobile home units in a mobile home park in the senior mobile home overlay zone shall be occupied only consistent with the definition of senior mobile home park in subsection A of this section so that at least eighty percent of spaces and mobile home units are rented and occupied by at least one person who is age fifty-five or older. The age restriction stated herein does not apply to or affect ownership of mobile home units, but is an occupancy requirement.
(D) The signage, advertising, park rules and regulations, and leases for spaces or units in mobile home parks in the senior mobile home park overlay zone shall state the park is a senior park, or "housing for older persons," which at a minimum is consistent with the definition in subsection A of this section.
(E) Senior mobile home park owners and/or their management personnel shall submit biennial verification of occupancy to confirm their status as a senior mobile home park, through survey or affidavit, in a form to be determined by the city planning director, which shall be consistent with the survey or affidavit that satisfies the Federal Fair Housing Act regulations and which the city planning director, or designee, shall review and certify.
(F) Failure to submit the verification required by this section or failure of the verification to confirm a mobile home park within the senior mobile home park overlay zone meets the definition in subsection A of this section shall constitute a violation of the city's zoning ordinance, subject to enforcement in the manner and form provided for in the American Canyon Municipal Code.
Chapter 19.19 CS SPECIALTY COMMERCIAL OVERLAY DISTRICT
19.19.010 Purpose.
The purpose of the CS specialty commercial overlay district is to provide for commercial and commercially-related uses that capitalize on and attract visitors due to a site's unique views and other natural characteristics.
19.19.020 Allowable uses.
(A) Property in the CS overlay district may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying LI base zone district, or for specialty commercial purposes1.
(B) Should the owner of property in the CS overlay district decide to use the property for the purpose set forth in Section 19.19.010, the following uses as defined in use classifications, may be permitted1:
(1) Public and quasi-public uses:
(a) Public information center,
(b) Public parking,
(c) Utilities, minor;
(2) Commercial uses:
(a) Bank, savings and loan, including walk-up service,
(b) Entertainment, indoor,
(c) Long-term care,
(d) Lodging services,
(e) Personal services,
(f) Restaurant,
(g) Retail sales, visitor-oriented.
(C) Should the owner of property in the CS overlay district decide to use the property for the purpose set forth in Section 19.19.010, the following uses as defined in use classifications, may be permitted subject to a conditional use permit1:
(1) Public and quasi-public uses:
(a) Charitable uses;
(2) Commercial uses:
(a) Entertainment, indoor; amusement center,
(b) Lodging services adjacent to a residential district,
(c) On-premises liquor consumption, tasting room,
(d) Liquor store;
(3) Temporary uses:
(a) Commercial filming,
(b) Live entertainment,
(c) Mobile structure (subject to Chapter 19.30),
(d) Tent;
(4) Public and quasi-public uses:
(a) Antenna, commercial,
(b) Antenna exceeding height limitations;
(5) Commercial uses:
(a) Entertainment, indoor, gaming,
(b) On-premises liquor consumption,
(c) Restaurant, night use adjacent to residential district,
(d) Restaurant, take-out; night use adjacent to residential district.
Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.
19.19.030 Development standards.
(A) The development standards set forth in the schedule of zoning district regulations for the LI district shall apply to development in the CS specialty commercial overlay district.
(B) The design of development in the CS district shall comply with the following criteria:
(1) Buildings shall be oriented to take advantage of the site's unique views, where feasible.
(2) Architecture should blend with hillsides to the extent feasible.
(3) Projects using the specialty commercial overlay zoning that require approval of a design permit shall incorporate into the site plan a public pedestrian easement to the site with potential connections to adjacent properties that provides access to the site's unique views.
(4) Long-term care facilities shall mitigate potential emergency service impacts by paying an emergency service impact fee if and when such an impact fee is adopted.
(5) Prior to issuance of a building permit for a long-term care facility in Zone D, an acoustical study shall be conducted that assesses and mitigates aircraft noise impacts consistent with Appendix C of the Napa County Airport Land Use Compatibility plan.
(6) Prior to approval of any discretionary application for a long-term care facility, clustering is encouraged to maximize development in Zone E and retain open land areas in Zone D.
(7) Prior to approval of any discretionary application for a long-term care facility, an assessment shall be made to evaluate and limit the size of the project consistent with the density and height requirements allowable in the applicable Napa County Airport Land Use Compatibility zone.
(8) Prior to issuance of a building permit for a long-term care facility, an overflight easement shall be recorded on the property if one is not already in place.
(9) Any long-term care facility proposed in Napa County Airport Land Use Compatibility Zone D shall be reviewed by the Napa County Airport Land Use Commission for consistency with the compatibility plan.
Chapter 19.20 PAOLI LIGHT INDUSTRIAL COMMERCIAL OVERLAY DISTRICT
(Reserved)
19.20.010 Purpose.
The purpose of the Paoli Light Industrial Commercial Overlay District is to accommodate commercial and commercially related uses that capitalize on vehicle access and visibility from Highway 29 and Newell Drive and serve industrial uses in the City's Industrial Parks.
19.20.020 Allowable uses.
(A) Property in the Paoli Light Industrial Commercial Overlay District may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying Paoli Light Industrial (PLI) base zone district, or for commercial purposes1.
(B) The following uses as defined in use classifications, are permitted1:
(1) Public and quasi-public uses:
(a) Charitable uses
(b) Public information center
(c) Utilities, minor
(2) Commercial uses:
(a) Ambulance Services
(b) Bank, savings and loan, including walk-up service
(c) Bookstore
(d) Catering
(e) Drugstore
(f) Food Sales
(g) Lodging services
(h) Maintenance and Repair Services
(i) Personal services
(j) Restaurant
(k) Restaurant, Night Use
(l) Restaurant, take-out
(m) Retail sales
(n) Zero Emission Vehicle Service Station
(C) The following uses as defined in use classifications, are permitted subject to a conditional use permit1:
(1) Commercial uses:
(a) Automobile rental
(b) Entertainment, indoor
(c) On-premises liquor consumption, tasting room
(d) Personal Improvement Services
(e) Vehicle/equipment sales and service
Chapter 19.21 PARKING AND LOADING STANDARDS*
19.21.010 Purpose.
These regulations are intended to achieve the following:
(A) To provide parking and loading facilities in proportion to the needs generated by various types of land uses;
(B) To provide accessible, attractive, secure, properly-lighted, and well-maintained and screened off-street parking and loading facilities;
(C) To reduce traffic congestion and hazards.
19.21.020 Applicability.
(A) The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as provided herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.
(B) When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.
19.21.030 Vehicle parking requirements.
(A) Number of Spaces Required.
(1) Automobile parking spaces shall be provided in the number set forth in Table 19.21.030(A). Fractional space requirements of .5 or more shall be counted as the next largest whole space. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.21.030(A) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.
(2) When two or more use are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.
|
Table 19.21.030(A) REQUIRED PARKING SPACES |
|
|---|---|
| Type of Use | Number of Required Parking Spaces |
| Residential Uses | |
|
Single-family residential; Two-family residential |
2 covered spaces |
|
Multifamily residential; Accessory unit |
Studio: 1 covered space Unit with 1 bedroom: 1 covered, plus .5 uncovered spaces Unit with 2 or more bedrooms: 1 covered space plus 1 uncovered space Plus 1 guest space per 4 units |
| Secondary unit | 1 space (covered or uncovered) |
| Mobilehome park | 1 covered plus 1 uncovered space per unit, plus .5 guest spaces per unit |
| Senior citizen housing development | 1 per 1.5 units |
| Public and Quasi-Public Uses | |
| Elementary school | 2 per classroom, plus 1 per 5 fixed seats in an auditorium or per 50 square feet of nonfixed seating area |
| High school | 5 per classroom, plus 1 per 5 fixed seats in an auditorium or per 50 square feet of nonfixed seating area |
| Pre-schools; day care centers | 1 per staff member, plus 1 for each 10 children |
| Additional parking or designated area for dropoff and pickup of students for the above uses may be required. | |
| Religious assembly | 1 per 4 fixed seats in the principal sanctuary, or 1 per 9 linear feet of fixed benches, or 1 per 50 square feet of nonfixed seating area |
| Commercial Uses | |
| Amusement center; nightclub; gaming | 1 per 100 square feet of gross floor area |
| Bank; savings and loan | 1 per 200 square feet of gross floor area in public areas (excluding vault), plus 1 per 300 square feet of gross floor area for general office uses |
| Bowling alley | 5 per lane, plus requirements for any related commercial uses |
| Car wash, full-serve | 1 per 2 employees on the maximum shift, plus vehicle stacking area equal to 3 times the capacity of the enclosed washing operation |
| Car wash, self-serve | 2 spaces for drying and cleaning purposes per stall, plus 2 reservoir spaces in front of each stall |
| Eating and drinking establishments, including those providing liquor consumption | 1 per 100 square feet of gross floor area. A minimum of 5 spaces shall be provided for such use. |
| Funeral and interment services |
1 per 4 fixed seats, or 1 per 9 linear feet of fixed benches, or 1 per 50 square feet of nonfixed seating area, whichever is greater |
| Game court | 3 per court |
| Golf course |
6 per hole, plus 1 per 50 square feet of gross floor area in any public meeting room plus 75 percent of the requirement for other associated uses |
| Health club; spa; dance studio |
1 per 100 square feet of gross floor area accessible to members or clients, including any pool area |
| Health services | 1 per 200 square feet of gross floor area |
| Liquor consumption, on-premise, as a primary use | 1 per 100 square feet of gross floor area. A minimum of 5 spaces shall be provided for such use. |
| Lodging services | 1 per guest room or unit, plus 1 per 10 rooms or units, plus 1 per 50 square feet of gross floor area in any public meeting room, plus 75 percent of the requirement for other associated uses |
| Long-term care facility | 1 per 2 beds |
| Offices, business and professional | 1 per 300 square feet of gross floor area |
| Personal services | 1 per 200 square feet of gross floor area |
| Recreational vehicle park | 1 per recreational vehicle site |
|
Retail sales • Retail sales, general • Retail sales, food • Bulky merchandise sales, including furniture, household appliances, and building materials • Vehicle/equipment sales; nursery • Wholesaling, commercial |
1 per 300 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 500 square feet of gross floor area 1 per 500 square feet of gross floor area within any showroom, plus 1 per 1,000 square feet of outdoor display or sales area for the first 10,000 square feet; then 1 per 5,000 square feet of outdoor display or sales area thereafter 1 per 500 square feet of gross floor area |
| Self-storage facilities | 1 per employee. A minimum of 5 spaces shall be provided for such use. |
| Service station | 1 per pump island, plus 1 per service bay |
| Spectator entertainment; auditorium |
1 per 4 fixed seats, or 1 per 9 linear feet of fixed benches, or 1 per 50 square feet of nonfixed seating area, whichever is greater |
| Vehicle repair | 4 per repair stall |
| Type of Use | Number of Required Parking Spaces |
| Industrial Uses | |
| Company-owned vehicles parked on premises | 1 per truck, car or other vehicle |
| Manufacturing, processing, packaging, | 1 per 500 square feet of gross floor area |
| research, service | |
| Research and development | 1 per 300 square feet of gross floor area |
| Warehousing and storage | 1 per 1,000 square feet of gross floor area for the first |
| 20,000 square feet of space, plus 1 per each 2,000 square | |
| feet of gross floor area thereafter | |
The above requirements for industrial uses may be increased, if necessary, to provide a minimum of 2 spaces per 3 employees on the 2 adjoining shifts having the largest number of employees.
(3) Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.
(4) Handicapped parking shall be provided according to the latest standards established by the state of California.
(5) No area maybe utilized and counted both as a required parking space and a required loading space other than for company-owned vehicles periodically stored for on-site loading.
(B) Shared Parking.
(1) The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.
(2) Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a site plan review or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.
(3) Shared parking arrangements may only be approved if the following requirements are met:
(a) The applicant has provided substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.
(b) All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.
(c) Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.
(d) Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.
(C) Accessory Dwelling Unit Parking. Parking spaces required for accessory dwelling units (i.e., dwelling units located in a commercial zoning district on the same site as a primary permitted or conditionally-permitted use) shall be specifically designated and reserved by posting, pavement marking and/or physical separation.
(D) Dimensional Requirements.
(1) Minimum Dimensions. Required minimum parking dimensions are indicated in Table 19.21.030(D)(1). Minimum dimensions shall not include any landscaped areas.
| Table 19.21.030(D)(1) MINIMUM PARKING DIMENSIONS FOR STANDARD STALLS |
|||||
|---|---|---|---|---|---|
| Parking Angle (PA) | Minimum Stall Dimensions | Minimum Aisle Widths (A) | |||
| Width (W) | Depth (D) | Length (L) | One-Way | Two-Way | |
| Parallel | 8′ | n/a | 22′ | 18′6″ | 20′ |
| 30 degrees | 9′ | 16′ | 18′ | 12′ | 20′ |
| 45 degrees | 9′ | 19′ | 18′ | 14′ | 20′ |
| 60 degrees | 9′ | 20′ | 18′ | 20′ | 20′ |
| 90 degrees | 9′ | 18′ | 18′ | 25′ | 25′ |
(2) Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety degree stalls) may be allowed for uncovered parking spaces for uses shown in Table 19.21.030(D)(2) that have at least twelve parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.
|
Table 19.21.030(D)(2) ALLOWABLE COMPACT PARKING |
|
|---|---|
| Project Type | Maximum Percent Compact Spaces |
| Multifamily residential | 40 percent |
| Commercial | 20 percent |
| Industrial-employee parking | 40 percent |
(3) Covered Residential Spaces. Required covered residential parking spaces shall have a minimum unobstructed length of twenty feet, width of ten feet, and ceiling height of seven feet, six inches.
(E) Garages.
(1) Garage door openings shall have a minimum height of seven feet and shall be covered by a solid or sectional door which shall be constructed of wood, metal or fiberglass, and painted, stained or treated to be harmonious with the exterior of the residential structure.
(2) In front of any required garage there shall be a permanently surfaced area measuring no less than one foot greater in width on each side of the overhead door and no less than twenty feet in depth.
(3) For all new construction or remodels and additions where a residence is required to be brought up to current uniform codes, all garage interior surfaces shall be finished with gypsum board or equivalent, nailed and taped in accordance with the minimum standards of the Uniform Building Code as adopted by the city. On walls or the ceiling where fire protection or fire rating is required, a minimum of five-eighths-inch gypsum board or equivalent shall be used. On walls or ceilings where fire protection or fire rating is not required, a minimum of one-half inch gypsum board shall be used.
(4) For all garages and carports that may have been previously converted to a habitable space without securing building permits, the following conditions shall apply:
(a) Building permits maybe issued for the following cosmetic improvements without requiring any previously-converted carports or garages to be updated to current uniform codes and inspected:
(i) A re-roof where no structural changes to the roof are required or proposed and where no chimneys, fireplace or heater vents penetrate the roof;
(ii) Changing windows and doors except in the converted area;
(iii) Interior remodels where no changes are proposed to the converted area or walls contiguous to the converted area.
(b) Building permits maybe issued for minor additions to existing rooms, interior and exterior re
models, and other similar improvements to an existing residence without requiring a previously converted garage or carport to be restored to its original use and configuration so long as that portion of the building that was converted to another use without benefit of building permits or inspections is brought up to the standards of the Uniform Building Codes adopted by ordinance of the city council in effect at the time building pen-nits are issued for the additional or new work.
(c) Where a building permit is requested for the addition of one or more bedrooms or the addition of a second floor, the converted area shall be brought into compliance with the uniform codes in effect at the time the building permits are issued, and a garage with space for two vehicles shall be provided. Where a two-car garage may not be constructed due to practical difficulties or unusual circumstances such as lot size, lot configuration, or topography, a variance application may be submitted to the planning commission for consideration.
(F) Striping.
(1) Parking spaces in parking lots shall be clearly outlined with four-inch wide lines painted on the parking surface.
(2) The restriping of any parking space of lot shall require the approval of a restriping plan by the director.
(G) Surfacing.
Parking spaces and maneuvering areas in parking lots shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the director.
(H) Access to Parking.
(1) Access to a parking space may only be from an approved driveway approach constructed to city standards unless otherwise approved by the city engineer.
(2) Handicapped access ramps in city sidewalks shall not be used for access to a parking space or access to a side or rear yard.
(I) Curbing and Walkways.
(1) Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.
(2) The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.
(3) Individual wheel stops shall not be used.
(J) Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.
(K) Landscaping.
(1) Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.
(2) Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.
(3) Landscaped areas shall have a minimum width of five feet.
(4) A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.
(5) A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.
(6) Defined pedestrian routes shall be incorporated into parking and landscaped areas.
(7) Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.
(L) Screening.
(1) Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.
(2) Where a parking or loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.
(M) Lighting.
(1) Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one-foot candle will be maintained across the surface of the parking area may be required by the community development director.
(2) Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.
(N) Location of Parking Spaces.
(1) Except as otherwise set forth in the shared parking section of this chapter, parking spaces required by this chapter within commercial and industrial zones shall be located on the same lot or parcel of land as the use they serve, and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area. Required parking shall not be located in any required front or street side setback area.
(2) Required parking for single-family dwellings and secondary units shall be located on the same lot as the dwelling served, and shall not be located within a required front or street side setback area.
(3) No vehicular parking shall be permitted in a required front yard in any residential district except on an area permanently surfaced (with continuous surfacing to point of access from a public or private street) for parking by paving, gravel, brick, grasscrete, concrete pavers or similar materials.
(4) No more than fifty percent of the required front yard for lots with sixty feet or more of street frontage may be paved and used for vehicular parking. An increased percentage of paved area may be permitted by the community development director on lots with lesser frontage to allow up to a thirty-foot wide driveway including flag lots where the entire flag access corridor may be paved.
(5) Required parking for multifamily dwellings shall be located on the same lot as the dwelling served, or in the case of parking being located in a common area, not more than one hundred fifty feet from the dwelling served, and shall not be located within a required front or street side setback area.
(6) Tandem parking may be allowed for single and two-family dwelling units when the tandem space is behind the covered space serving the same unit.
(7) Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction. The director may approve exceptions for residential projects.
(8) No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.
(O) Maintenance. All required parking facilities, including surfacing and striping, shall be permanently maintained in good condition, free of litter and debris.
19.21.040 Loading requirements.
(A) Number Required. Loading spaces shall be provided according to Table 19.21.040 for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.21.040 to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.
Table 19.21.040
REQUIRED LOADING SPACES
| Use | Gross Floor Area | Minimum Loading Spaces |
|---|---|---|
| Commercial (non-office) | <5,000 square feet 5,000 — 20,000 square feet |
None One |
| Office | <20,000 square feet 20,000 — 40,000 square feet |
None One |
| Manufacturing, wholesale, warehousing, industrial | <20,000 square feet | One |
| All of the above uses | Each additional 20,000 square feet | One additional space |
(B) Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.
(C) Location of Loading Spaces.
(1) Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building.
(2) Loading spaces shall not be located in any required front or side yard.
(3) The location of loading spaces should minimize potential impacts on adjacent uses.
(4) Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.
(5) Loading spaces should be concealed from offsite view to the maximum extent feasible.
(6) Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line.
19.21.050 Bicycle parking requirements.
(A) Bicycle parking shall be provided in commercial and employment areas according to Table 19.21.050.
Table 19.21.050
REQUIRED BICYCLE PARKING
| Total Automobile Parking Spaces | Minimum Number of Bicycle Spaces |
|---|---|
| 0 | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | |
| 9 | |
| 400 and greater | 10 |
(B) Bicycle parking should be located in highly visible locations and should be lockable.
(C) The bicycle parking requirement may be phased for parking areas containing sixty or greater spaces depending on accessibility of the area to bicycle routes.
Chapter 19.22 WATER-EFFICIENT LANDSCAPING
19.22.010 Purpose.
This chapter is intended to implement the landscape design requirements of the Water Conservation in Landscaping Act of 2006 (AB 1881) and to establish standards for sustainable landscape practices in accordance with the StopWaste.Org Bay Friendly Landscape guidelines. It ensures that urbanized areas are sufficiently augmented by adequate, water-efficient, landscaping and open space in order to:
(A) Shade vehicles in parking lots.
(B) Break up extensive stretches of paving.
(C) Reduce impervious areas.
(D) Provide natural solar insulation for buildings, to screen certain types of land uses where appropriate.
(E) Create interesting and defined entries to facilities.
(F) Soften project perimeters.
19.22.020 Applicability.
(A) Applicability. A conceptual landscape plan shall be required for all entitlements for which design permit approval is required (Chapter 19.41).
(B) This chapter does not apply to:
(1) Registered local, state or federal historical sites.
(2) Ecological restoration projects that do not require a permanent irrigation system.
(3) Plant collections, as part of botanical gardens and arboretums open to the public.
(C) Review and Approval.
(1) Conceptual landscape plans shall be reviewed and approved by the planning commission, except for entitlements subject to the approval of the community development director (pursuant to Chapter 19.40, Review and Approval Procedures).
(2) Final landscape plans, as defined by Chapter 16.13 of the municipal code, shall be subject to review and approval by the community development director.
19.22.030 Definitions.
The terms used in this chapter have the meaning set forth below:
"Applied water'' means the portion of water supplied by the irrigation system to the landscape.
"Bay-Friendly Landscape Guidelines" means the most recent version of the guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of landscapes.
"City" means the city of American Canyon and its representatives.
"Conceptual landscape plan" means a preliminary landscape plan submitted to the city for review with a discretionary application.
"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.
"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
"Estimated total water use (ETWU)" means the total water used for the landscape as described in Section 492.4.
"ET adjustment factor (ETAF)" means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.
"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
"Final landscape plan" means a landscape plan submitted to the city for review and issuance of building permits and contains the same elements as the conceptual landscape plan.
"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
"Hardscapes" means any durable material (pervious and non-pervious).
"Homeowner-provided landscaping" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.
"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.
"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code Section 5615.
"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).
"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
"Landscape documentation package" means the documents required under Section 16.14.050.
"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 19.22.020.
"Lawn" means an area of short, mown grass in a yard, garden, or park.
"Maximum applied water allowance (MAWA)" means the upper limit of annual applied water for the established landscaped area as specified in Section 19.22.060. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area.
"Mulch" means any organic material such as leaves, bark, arbor or wood chips, recycled wood waste, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
"Native species" means plants from the local microclimate or Northern California species.
"New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.
"Plant factor" or "plant water use factor" is a factor that, when multiplied by ETo, estimates the amount of water needed by plants.
"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 19.22.050, to request a permit, plan check, or design permit from the city. A project applicant may be the property owner or designee.
"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
"Recreational area" means publicly owned or publicly accessible areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.
"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 19.22.060, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.
"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design permit, meets the requirements of Section 19.22.020, and the modified landscape area is equal to or greater than two thousand five hundred square feet, is fifty percent of the total landscape area, and the modifications are completed within one year.
"Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
"Special landscape area (SLA)" means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
"Turf" means a species of grass that was developed to be used as a lawn together with the surface layer of earth held together by its roots.
"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).
"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2100.
19.22.040 General requirements and standards.
(A) General Requirements and Standards.
(1) The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped except in single-family districts where parking may be permitted as specified in this title.
(2) All landscaped areas shall be protected by six-inch concrete curbing.
(3) Parking and circulation areas shall be landscaped according to the requirements of this title.
(4) The use of turf in new residential projects is limited to the rear yard.
(5) Landscaping should be used to separate parking and vehicle circulation areas from buildings, to provide a visual landscaped foreground for buildings, and to enhance the perimeter of a project.
(6) Live plant materials generally should be used in all landscaped areas. Bark should only be utilized as mulch, not as a permanent form of groundcover.
(7) Landscape planters abutting parking areas shall be sufficiently large to allow for vehicle overhang without extending into the planting area.
(B) Trees.
(1) Landscape plans for sites on major streets should include large-scale street trees, with deep root systems and broad canopies.
(2) Tree planting shall consider passive solar heating and cooling opportunities related to building orientation.
(3) Trees shall be provided in parking lot areas in a manner that provides shading of parked vehicles to the maximum extent feasible.
(4) Trees shall be properly supported. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.
(C) Hard Surfaces. Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas, provided that such hard surface areas do not cover more than thirty percent of any required planter or landscaped areas. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purpose of this provision.
(D) Slopes.
(1) All manufactured slopes over five feet in height created by grading shall be fully landscaped utilizing a combination of trees, shrubs and groundcover materials.
(2) Stabilizing jute netting or equivalent netting shall be provided in conjunction with the landscape planting and shall fully cover lower slope areas.
(E) Installation.
(1) All landscaping and planter areas shall be installed consistent with an approved final landscape plan prior to final building permit sign-off or granting of an occupancy permit for a project.
(2) Prior to the installation of landscaping in any public right-of-way, the developer shall provide for continued maintenance until such areas are accepted by the city or as defined in a subdivision improvement agreement.
(F) Maintenance. Required landscaped areas shall be continually maintained in good condition and kept clean and weeded. Good maintenance shall be interpreted to include: watering and maintaining water efficiency, weeding, pruning, insect and disease control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.
19.22.050 Elements of the conceptual landscape documentation plan.
(A) The conceptual landscape documentation plan, submitted as part of the discretionary application, shall include the following:
(1) Project information:
(a) Date;
(b) Project applicant;
(c) Project address (if available, parcel and/or lot number(s));
(d) Total landscape area (square feet);
(e) Water supply type (e.g., potable, recycled, well);
(f) Landscape requirements identified in Sections 19.22.040 and 19.22.060;
(g) Project contacts to include contact information for the project applicant and property owner.
(2) Water-efficient landscape worksheet in Section 19.22.060:
(a) Hydrozone information table;
(b) Water budget calculations:
(i) Maximum applied water allowance (MAWA),
(ii) Estimated total water use (ETWU).
(3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site.
(4) The use of turf in new residential projects is limited to twenty-five percent of the rear yard of each home.
(5) On nonresidential projects, turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).
(6) Total irrigated areas specified as turf shall be limited to a maximum of twenty-five percent with recreational areas exempted.
(7) Turf is prohibited in street medians, traffic islands or bulb outs of any size.
(8) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.
(9) Those species identified by CAL-IPC as invasive in the San Francisco Bay Area shall not be specified.
(10) Landscape plans shall bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
19.22.060 Water-efficient landscape worksheet.
(A) A project applicant shall complete the water-efficient landscape worksheet which contains two sections:
(1) A hydrozone information table for the landscape project.
(2) A water budget calculation for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the table below:
| County and City NAPA | Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec | Annual ETo |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Carneros | 0.8 | 1.5 | 3.1 | 4.6 | 5.5 | 6.6 | 6.9 | 6.2 | 4.7 | 3.5 | 1.4 | 1.0 | 45.8 |
* The values in this table were derived from:
(1) California Irrigation Management Information System (CIMIS);
(2) Reference Evapotranspiration Zones Map, University of California, Davis - Dept. of Land, Air & Water Resources and California Dept. of Water Resources 1999;
(3) Reference Evapotranspiration for California, University of California, Davis - Department of Agriculture and Natural Resources (1987) Bulletin 1922;
(4) Determining Daily Reference Evapotranspiration, Cooperative Extension University of California, Davis - Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426.
(B) Water budget calculations shall adhere to the following requirements:
(1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
(2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
(3) All special landscape areas shall be identified and their water use calculated as described below.
(4) ETAF for special landscape areas shall not exceed 1.0.
(C) Maximum Applied Water Allowance. The maximum applied water allowance shall be calculated using the equation:
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
(D) Estimated Total Water Use. The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS (see Section 491)
HA = Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.71)
19.22.070 Recycled water.
(A) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in subsection B.
(B) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.
(C) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.
(D) Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0.
19.22.080 Stormwater management.
All landscape plans shall conform to Chapter 14.28 Stormwater and Pollution Discharge Control Program.
Chapter 19.23 SIGN REGULATIONS
19.23.010 Purpose and intent.
(A) Purpose. The purpose of these sign regulations is to:
(1) Encourage the effective use of signs as a means of communication in the city while avoiding visual clutter;
(2) Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development;
(3) Protect and improve pedestrian and traffic safety;
(4) Minimize the possible adverse effect of signs on nearby public and private property; and
(5) Enable the fair and consistent enforcement of these sign restrictions and implement the goals and policies of the general plan and further the purposes of the zoning ordinance.
(B) Intent. The intent of this chapter is to:
(1) Establish a permit system to allow a variety of types of signs in commercial and industrial districts, and a limited variety of signs in other districts, subject to the standards and the permit procedures of this chapter;
(2) Allow certain signs that are small, unobtrusive, and incidental to the principal use of the sites on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;
(3) Prohibit all signs not expressly permitted by this chapter;
(4) Abate nonconforming signs; and
(5) Provide for the enforcement of the provisions of this chapter.
19.23.020 Applicability.
A sign may be constructed, erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter.
19.23.030 Definitions and interpretation.
Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined elsewhere in this title shall be given the meanings set forth in this title. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
"Abandoned sign" means a sign that was legally erected, but whose use has ceased, has not been used to identify an ongoing business, product, or service available on-site, or the structure upon which the display is placed has been abandoned or not maintained for a period of ninety days or more.
"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter A. Such signs are usually designed to be portable, hence they are not considered permanent signs.
"Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction or support of any sign or advertising device.
"Animated sign" means any sign that uses movement or change of lighting to depict action or create a special effect or scene, or gives the visual impression of such movement.
"Ancillary sign" means secondary or subordinate signage. See "Incidental sign."
"Architectural element" means an integrated component of the design of a building, including walls, windows, entryways, rafters, roofs, neon bands and other physical components.
"Awning sign." See "Canopy sign."
"Balloon" means a flexible, nonporous bag or similar object capable of being filled with air or gas such as helium. See also "Inflatable sign."
"Banner" means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivision, and symbolic flags of any institution or business are not considered to be banners.
"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light sources; also, any light with one or more beams that rotate or move.
"Bench sign" means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
"Billboard" means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located (also known as an off-site sign).
"Cabinet sign" is a geometrically-shaped sign consisting of a rigid frame, which supports sign face panel(s) and/or a background constructed of plastic or similar material, and which may have an internal light source.
"Canopy sign" means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
"Changeable copy sign" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
"Channel letters" mean individual letters or figures, illuminated or nonilluminated affixed to a building or freestanding sign structure.
"Colonial post" means a temporary real estate sign constructed of a single vertical post, not to exceed six feet, with a horizontal crossbar from which a real estate identification sign is suspended.
"Commercial center" means a commercial development consisting of two or more businesses. The businesses may be in individual buildings or clustered in multiple buildings.
"Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
"Construction sign" means any structure, housing, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended or used to advertise or to provide data or information on the nature of advertising for any of the following purposes: to designate, identify or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or, to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.
"Damaged sign" or "sign in disrepair" means any sign which has sustained physical damage or deterioration by intentional or unintentional means or through normal exposure to the elements over time.
"Design standards" mean detailed descriptions of prescribed sign type, size, illumination, location, construction, materials, text, font, and colors for a commercial center or specific site.
"Directional sign" means a sign that is limited to directional messages, principally for pedestrian and vehicular traffic, such as "no parking," "entrance," "loading only," "telephone," and other similar directives, and contains no commercial message of any kind.
"Director" means the community development director for the city of American Canyon or his or her duly authorized representative.
"Directory sign" means a sign for listing the tenants or occupants of their suite numbers of a building center.
"Double-sided sign" means a single structure designed with the intent of providing copy on both sides.
"Drive-through signage" includes any signs associated with a drive-through feature of a development, including, but not limited to, menu boards, height clearance bars, directional signage, and speaker boxes.
"Eave line" means the bottom of the roof eave or parapet.
"Electronic message board sign" means any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and their rate of change is electronically programmed and can be modified by electronic processes.
"Flag" means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
"Flashing sign" means any sign which contains or is illuminated by lights which are intermittently on and off, and change the intensity or create the illusion of flashing in any manner.
"Freestanding sign" means a sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
"Fuel price sign" means a permanent sign subject to state regulation, usually of a monument type, containing the prices and grades of fuel for sale at an automobile service station.
"Future facility sign" means a temporary sign denoting sale, lease, rental of a site that is under construction, or future use of a site or building.
"Garage sale sign" means a temporary sign announcing the limited sale, from a private resident, of goods, furniture, clothing, or similar articles.
"Government official signage" means a sign displaying information pertaining to services offered by city, county, state, or other official government agencies.
"Hanging sign" means a sign hanging from a building canopy, arcade, or other structural member.
"Holiday lighting" means strings of lights not permanently mounted to a rigid background between the week of Thanksgiving and January 12th.
"Human sign" means any person, live or simulated, attempting to attract the attention of a motorist by: (1) wearing a costume or uniform; (2) holding a sign or prop; or (3) making physical gestures.
"Identification sign" means, generally, any sign that identifies the business, service, or specific type of land use.
"Illegal sign" means any of the following: a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; a sign that was legally erected which later became nonconforming as a result of the adoption of a chapter; a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the city or county.
"Incidental sign" means sign intended for informational purposes as opposed to commercial or advertising purposes. Typically smaller in size, examples of incidental signs include parking signs, restroom signs and entrance and exit signs. See "Ancillary sign."
"Incidental window/door sign" means incidental signs displaying business information (hours of operation, menus, credit card placards, phone number, or other nonprofit activities, etc.) and which do not constitute advertising.
"Inflatable sign" means a sign made of flexible material or fabric that is made to take on a three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas. Commonly used as a temporary sign for special events or promotions. See also "Balloon."
"Interior sign" means a sign located more than three feet inside of a building (not a window sign).
"Kiosk" means an off-premises sign used for directing people to the sales office or models of a residential subdivision project.
"Logo" means a name, symbol, or registered trademark of a company, business or organization.
"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership.
"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
"Marquee sign" means any sign attached to, in any manner, or made a part of, a marquee.
"Mobile sign" means signs attached to or painted on vehicles used for the purpose of transporting personnel or goods as part of the day-to-day operations of a business. A sign attached to or printed on a vehicle not used for this purpose is considered a portable sign.
"Monument sign" means an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.
"Motion picture theater marquee" means a marquee associated with a building containing a motion picture theater (see "Marquee" and "Marquee sign").
"Multitenant" means a building occupied by more than one business or organization.
"Municipal services sign" means any sign specifically sanctioned by the city council that serves a directional or informational purpose. Examples include decorative holiday banners on street lights and civic events such as a Fourth of July parade.
"Mural" means a display or illustration painted on a building or wall within public view.
"Neon band" means a neon light tube used to accent the lines of a sign or building, which follows the building form of the structure.
"Neon sign" means any glass tube lighting in which a gas and phosphors are used in combination to create a colored sign.
"Nonconforming sign" means a permanent sign legally erected, established and maintained in conformance with the applicable ordinances at the time of original installation, but which does not conform to the number, size, placement, or other physical requirements of this chapter.
"Noncommercial sign" means a temporary banner sign located on private property that does not propose a commercial transaction and may not advertise a business.
"Off-site sign" means any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. Off-premises sign and off-site sign are equivalent terms.
"On-site sign" means any sign which directs attention to an occupancy, business, service or activity conducted, sold or offered upon the premises where the sign is located.
"Painted sign" means any sign which consists of paint or a similar substance applied directly to a building surface, such as a wall, window, rafter, canopy support, or applied directly to the surface of a sign face or structure.
"Parapet" means an architecturally integrated low wall, railing, or screen to protect the edge of a building's platform or roof.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
"Pole sign" means any sign which is elevated from grade by one supporting member, pole or structure higher than one foot mounted in or upon the ground and independent of support from any building.
"Political signs" mean signs erected prior to an election to advise or identify a candidate, campaign issue, election proposition, or other related matters.
"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames upon approval of a sign permit; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
"Premises" mean any building, property or other area upon which business is conducted in the city of American Canyon including the parking area provided for customers.
"Primary business façade" means the width of the exterior wall of a business most exposed to public view.
"Projecting sign" means a sign affixed to a building or wall in such a manner that its leading edge extends in a perpendicular manner more than twelve inches beyond the surface of such building or wall.
"Public right-of-way" means any area of real property dedicated to or owned in fee by the city or the public or any other public body, or over which the city or the public or any other public body holds an easement for public street, alley, sidewalk, pedestrian, equestrian, or public utility purposes which is within the city boundaries excluding areas of real property which are on, or adjacent to, the side or rear yard of any parcel or any area within the curtilage of any parcel.
"Pylon sign" means a sign with visible support structure or with the support structure enclosed with a pole cover.
"Raceway" means an enclosed conduit that forms a physical pathway for electrical wiring.
"Revolving sign" means a sign, which all or a portion of, may rotate either on an intermittent or constant basis.
"Roof sign" means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
"Roof sign, integral" means a sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
"Seasonal decorations" means any lights, signs, or accessories which are applied or installed on a temporary basis for the purpose of acknowledging holidays or seasons, but not for advertising.
"Sign" means any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
"Sign area." See Section 19.23.080 of this chapter.
"Sign copy" means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.
"Sign face" means the surface, or that portion that is visible from a single point as a flat surface or a plane, and considered as such, together with the frame and the background.
"Sign feature" means a unique, artistic, two- or three-dimensions image reflective of a company's use, product or service.
"Sign height" means the written dimension of a sign as computed by Section 19.23.080 of this chapter.
"Single tenant building" means a building occupied by a single business or organization.
"Site" means contiguous parcels that are linked by shared access and parking. Site also applies to contiguous parcels that share a sign program.
"Snipe sign" means any sign, usually found off-site (except campaign signs), made of cloth, paper, cardboard, poster material, plastic, metal or other material affixed to or upon fences, posts, trees, buildings, people, or other structures or surfaces.
"Special event sign" means a temporary sign used to publicize a special event, such as a grand opening, charitable or civic event, or promotional sales for a period no longer than thirty consecutive days and not more than twice a year on the same parcel. Special event signs require the approval of the community development director for conformance to the city's zoning ordinance prior to installation.
"Special sign district" means a specific geographic area that possesses a unique identity and warrants a cohesive sign program that defines the area as a distinctive economic district (i.e., commercial zone properties adjacent to Highway 29, and/or industrial zone properties).
"Stake sign" means any sign supported by stake-like structures or supports that is placed on, or anchored in, the ground and that is independent of any building or other structure.
"Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, highways, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
"Street frontage" means the distance for which a lot line of a lot adjoins a public street, from one lot line intersecting the street to the furthest distance lot line intersecting the same street.
"Subdivision sales and model home directional sign" means a sign within a residential tract or a main street entrance providing direction to a residential land development project.
"Suspended sign" means a sign that is suspended from the underside of a canopy, eave or marquee and is supported by such surface.
"Temporary sign" means any sign that is used only temporarily and is not permanently mounted, such as signs to promote the sale of new products, new management, new hours of operation, a new service, or a special sale.
"T-frame sign" means a portable sign constructed of wire and paper not permanently attached to the ground or other permanent structure that resembles a T shape due to the exterior wire frame.
"Travel directory sign" means a sign to inform the motorist as to the route or direction to travel in order to arrive at the residential subdivision development project for sale or rent to which it pertains. See "Kiosk sign."
"Vehicle sign" means a sign which is attached to or painted on a vehicle which is parked on or adjacent to any site, the principal purpose of which is to attract attention to a product sold or an activity or business located on such site.
"Wall sign" means a sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
"Window sign" means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed within three feet inside a window or upon the window panes or glass and is visible from the exterior of the window.
19.23.040 Regulation of political signs.
In addition to those signs exempt from regulation pursuant to city code Section 19.23.050, political signs as defined by city code Section 19.23.030 shall also be exempt subject to compliance with all of the rules and all of the regulations set forth in subsection A of this section.
(A) Regulations. The placement or installation of political signs in the city shall in all respects comply with the following:
(1) No political signs shall be installed or displayed sooner than one hundred and twenty days preceding the election for which the sign is intended;
(2) No political sign shall be lighted either directly or indirectly;
(3) No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property;
(4) No political sign shall be posted on any public property or in the public right-of-way;
(5) No political signs shall be posted in violation of any other provisions of the municipal code;
(6) All political signs shall be removed within ten days and recycled by the department of public works after the date of the election except that a sign on behalf of a candidate who is successful in a primary election may be retained for the general election. Removal of political signs shall be the responsibility of the property owner;
(7) No political sign may be placed within twenty-five feet of any existing commercial or non-profit sign on any one property;
(8) The city manager and/or designee shall have the right to immediately remove all signs which obstruct visibility on city streets or which constitute a traffic hazard not created by relocation of streets or highways or by acts of any city or county or could contribute to a dangerous condition of public property consistent with the procedures for removal of hazardous political signs under subsection (A)(10) of this section;
(9) The city manager and/or designee shall have the right to remove all signs placed contrary to any provisions of this section consistent with the procedures for removal of non-conforming political signs under subsection (A)(11) of this section;
(10) When it is determined that the sign in question poses an imminent safety hazard or dangerous condition, such sign may be removed immediately and stored by the city manager and/or designee. As soon as possible following removal, the owner, if known, shall be given a notice of violation and the right to a hearing by requesting such hearing within five days of receipt of the notice of removal. The hearing shall be held before the city manager or designee within ten days of receipt of the written request for the hearing. The owner and the city shall be permitted to present evidence and cross examine each other's witnesses. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's and/or designee decision shall be final. If the owner establishes such removal to be improper, the owner shall be entitled to a return of the signs without charge. In all other cases the sign will be returned to the owner only upon payment of removal and storage costs. If the sign is not claimed within thirty days after the decision becomes final, the sign may be destroyed. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;
(11) The city manager or designee shall remove or cause the removal of any political sign constructed, altered or maintained in violation of this section. Such removal may occur fifteen days after the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address. The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within fifteen days. If the owner disagrees with the opinion of the city manager, the owner may, within the fifteen-day period, request a hearing before the city manager to determine the existence of a violation. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's decision shall be final. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;
(12) The city council shall from time to time establish procedures by resolution providing for forfeitable deposits by candidates posting political signs within the city.
(B) Unauthorized Removal of Political Signs. No person shall remove, destroy, relocate, or otherwise disturb any political sign without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be assumed that the committee who has registered with the Secretary of the State to support a position on a ballot proposition is the party who erected the sign taking the position on a ballot measure. Nothing in this subsection shall prohibit the owner of real property, or his or her authorized representative, from removing a sign from his or her property when the political sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the director of public works or his or her authorized representatives from taking action to abate sign violations pertaining to political signs pursuant to Section 19.23.140 of this chapter.
19.23.050 Exempt signs.
The following signs shall be exempt from regulation under this chapter:
(A) Any government official sign, public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance, including, but not limited to, street signs, directional signs, mileposts, mile boards, guide boards or guideposts, warning signs, notices or sign;
(B) Painting, cleaning, exact replacement and normal maintenance and repair of a sign;
(C) Any sign inside a building, not attached to a window or door, and not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;
(D) Signs located within malls, courts, arcades, porches, patios and similar areas where such signs are not visible from any point on the boundary of the site. Such signs are not, however, exempt from structural, electrical or material specifications as set forth in the Uniform Building Code;
(E) Holiday lights and decorations with no commercial message placed no more than six weeks prior to, and ten days after the associated holiday;
(F) Traffic control signs on private property with messages, such as "Stop," "Yield," and similar sign, the face of which meet California Department of Transportation standards and bear no commercial message;
(G) Commemorative plaques of recognized historical societies and organizations;
(H) Signs on vehicles that provide public transportation, including, but not limited to, buses and taxicabs;
(I) Signs on licensed commercial vehicles, including trailers that are painted on the vehicle or attached to its doors; provided, however, that such vehicles are not utilized as parked or stationary outdoor display signs;
(J) One sign attached to and parallel to the front of a building or occupant entrance of up to two square feet in sign area, that contains no commercial message;
(K) One sign per residential unit not exceeding four square feet or three feet in height;
(L) One unlighted real estate sign post per residential unit, not exceeding twelve and one-half square feet in sign area cumulative for all signs displayed on the sign post and no more than five feet in height;
(M) Directional signs for directing prospective buyers to property offered for sale not exceeding four square feet in area and three feet in height. Such assigns shall be located outside of any public right-of-way and may be displayed for up to forty-eight hours;
(N) Flags of the United States, state of California, city of American Canyon and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction flown from a pole the height of which is no more than the maximum permitted height for structures in the applicable zoning district. Any flag not meeting any one of these conditions shall be considered a banner sign and shall be subject to regulation as such;
(O) Notwithstanding any provisions in this chapter to the contrary, no commercial or special event signs will be allowed on public property or the public right-of-way except road signs, such as, but not limited to, directional, warning or information signs or structures required or authorized by law or the federal, state, county or city authority, or necessary for the ordinary operation of the city or other state or federal agencies, or necessary for the maintenance of the public safety or welfare.
19.23.060 Prohibited signs.
All signs not expressly permitted or exempt from regulation under this chapter are prohibited. Prohibited signs include, but are not limited to:
(A) Abandoned signs;
(B) Animated, moving and flashing signs;
(C) Beacons;
(D) Damaged signs;
(E) Flashing signs;
(F) Human signs;
(G) Illegal signs, as defined in this chapter;
(H) Inflatable signs and tethered balloons, except as allowed in this chapter;
(I) Loudspeakers or signs which emit sound, odor, or visible matter, except as provided for within this chapter;
(J) Off-site subdivision directional signs except as may be approved under a sign program;
(K) Off-site signs identifying a use, facility or service other than those that may be expressly permitted by this chapter;
(L) Roof signs;
(M) Strings of lights not permanently mounted to a rigid background, except those exempt by this chapter;
(N) Windblown devices, such as pennants, streamers, balloons, and permanent banners, or as expressly exempt by this chapter;
(O) Monument signs with a translucent face;
(P) Signs with exposed or exterior raceways;
(Q) T-frame signs.
19.23.070 Sign permit requirements.
The following procedures shall govern the application for, and the issuance of, all sign permits under this chapter:
(A) Permit Not Required. Signs that are regulated by this chapter but that do not require a permit include the following:
(1) A-frame sign;
(2) Construction sign;
(3) Directional sign;
(4) Future facility sign;
(5) Garage sale sign;
(6) Holiday lighting sign;
(7) Incidental sign;
(8) Interior sign;
(9) Mobile sign;
(10) Real estate: residence for sale, open house identification (on-site), open house directional (off-site), garage/yard sale identification (on-site), garage/yard sale directional (off-site), sales/rental/leasing office identification and ancillary signs (neighborhood watch, etc.);
(11) Temporary subdivision and model home identification and directional sign;
(12) Window sign.
(B) Permit Required. The following procedures shall govern the application for, and issuance of all sign permits under this chapter, and the submission and review of sign programs.
(C) Permit Applications. All applications for sign permits and for approval of a sign program shall be submitted to the community development department on forms specified by the community development director. An application shall be accompanied by any fee established by the city council.
(1) Such applications shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a sign program in effect for the lot, along with such other information needed for the director or planning commission to determine compliance with the provisions of this chapter. One application and permit may include multiple signs on the same lot or in the same project.
(2) If plans submitted for a zoning clearance, development plan or conditional use permit include sign plans in sufficient detail that the permit-issuing authority can determine whether the proposed sign or signs comply with the provisions of this chapter, then issuance of the requested clearance, plan or permit may constitute approval of the proposed sign(s) or signage plan if so stipulated.
(D) Review Authority. Sign permits and sign programs shall be reviewed and approved, conditionally approved, or denied by the director, except for the following, which shall be decided upon by the planning commission:
(1) Freestanding signs that exceed eight feet in height;
(2) Sign programs for projects of two acres or more;
(3) Kiosk sign program for off-site subdivision directional signs;
(4) Individual signs exceeding forty square feet in area;
(5) Signs of unique design, character, and/or merit which are determined by the director to require special consideration;
(6) Electronic reader boards, as defined herein, may be permitted upon approval of a use permit in each case. All messages or images shall be faded in and out only and any message or image must be scrolled rather than flashed, and otherwise conform to this chapter;
(7) Referrals from the director;
(8) Appeals of community development director decisions.
(E) Decision of the Community Development Director. The community development director or designee shall accept and review sign applications for conformance with this chapter. Applications shall be referred to other departments as appropriate to provide opportunity for comments. If, after reviewing the application and receiving comments it is determined that the proposed application complies with provisions of this chapter, the community development director shall issue a permit to install the sign.
(F) Required Findings by Planning Commission. Approval of a sign permit or sign program may be granted by the planning commission only if all of the following findings are made:
(1) The application complies with all applicable provisions of this chapter and any applicable approvals granted for the project by any decision-making authority.
(2) The application complies with any applicable design guidelines, plans and policies adopted by the planning commission or city council.
(3) The application complies with any sign program in effect for the property.
(G) Assignment of Sign Permits. A valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises.
(H) Additional Permits. Building, electrical and fire permits shall be obtained for signs as required by federal, state and local laws.
19.23.080 Sign computation.
The following principles shall control the computation of sign area and sign height.
(A) Height of a Sign. The height of a sign shall be computed by measuring the vertical distance from the midpoint, or average ground level, along the base of the sign structure, excluding any berming, to the highest point of the structure.
(B) Maximum Total Wall Sign Area. The maximum total wall sign area allowed for a building or tenant shall be based on the lineal frontage (based on total horizontal width of business, exclusive of any jogs or variation to wall plane) of the business façade. A portion of this total sign area may be allocated to one or more secondary façades. If a business faces both Highway 29 and an arterial road, the signage for the wall facing the arterial road may be calculated separately under the wall signage ratio established for businesses without Highway 29 frontage.
Figure 19.23.080
Computation Examples
(C) Distinct Border or Boundary. For signs with a distinct border or boundary, the sign area shall be computed by multiplying the length times the width of the entire surface within the border, boundary, sign board, or sign face.
(D) No Distinct Border or Boundary. For signs with no distinct border or boundary, the sign area shall be calculated by computing the area of a simple rectilinear figure, consisting of not more than eight perpendicular lines, which contains all of the writing, representation, emblem, or other display on such sign.
(E) Double-Sided Sign. The sign area of signs which have two identical faces, arranged back to back in parallel planes, shall be computed for one side only provided that the two sign faces are no more than eighteen inches apart.
(F) Multiple-Sided Sign. Signs which have more than one side and are not double-sided signs have a sign area as computed for all sides.
(G) Including Sign Structure or Support. Where a sign structure, support or other sign feature is designed in such a manner to make the sign more noticeable or appear larger (such as backlighting of an entire awning), as determined by the director or commission, the area of the structure or support shall be included in the sign area.
19.23.090 Sign illumination.
Permitted methods of illumination may be divided into several types as described below. All signs shall be engineered in compliance with applicable portions of the building and electrical codes. All electrical service to ground mounted signs shall be placed underground. Electrical service to all signs shall be concealed from public view.
(A) Indirect Illumination. The sign has neither an internal light nor an external source, which is intended to specifically light that sign. Rather, the sign depends on the general lighting of the area (e.g., parking lot, traffic or pedestrian areas) for illumination.
(B) Internal Message. The sign face is made of metal, wood or other material that is not translucent, and the message is cut out of the material and replaced with a translucent material. The sign's light source is located inside the sign.
(C) Externally Lit Signs. Spotlights specifically directed at it lights the sign. The spotlights shall be fully shielded so that they are not visible from roads or adjoining property.
(D) Internally Illuminated Channel Letter Sign. Individual letter or figures affixed to a building or freestanding sign structure with the illumination source covered by a translucent material.
19.23.100 Design, construction and maintenance.
All signs shall be designed, constructed, and maintained in accordance with the following standards:
(A) All signs shall be consistent with any adopted design guidelines.
(B) All signs shall comply with applicable provisions of the city's building and electric codes.
(C) Except for banners, flags, temporary signs and window signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(D) Banners, canopies, suspended signs and flags shall maintain a vertical clearance of nine feet from any sidewalk, private driveway or parking area.
(E) The illumination of a sign within three hundred feet of and visible from a residential district, measured along the radius of a one hundred eighty degree arc extending from a sign face, shall be the minimum necessary to provide readability.
(F) All signs shall be maintained in good structural condition, and in conformance with this chapter.
19.23.110 Sign programs.
The purpose of a sign program is to integrate signs with building and landscaping design to form a unified architectural statement. No permit shall be issued for an individual sign within a center where a sign program has been established until it has been determined consistent with the applicable program.
A sign program shall be required for:
1. All new commercial, office and industrial centers consisting of three or more tenant spaces;
2. A property owner(s) may also have the option of filing a sign program application for an existing multi-tenant building or buildings;
3. Contiguous parcels that do not share driveway access and parking;
4. A kiosk sign program;
5. Community/neighborhood project identification;
6. A special sign district.
(A) Application. For any lot, site or building on which the placement of one or more signs requires a sign program the owner, developer or leasing agent shall submit to the director the following:
(1) An accurate plot plan of the lot(s), at such scale as the director may reasonably require, showing the locations of pertinent buildings, parking lots, driveways, and landscaped areas on such lot(s);
(2) Locations and dimensions of all existing and proposed signs, including the height of monument and freestanding signs. Window signs may be shown by indicating the window areas to be covered by signs and the general type of materials to be used; the exact dimension or nature of every window sign need not be specified;
(3) Exhibits showing the design, materials, colors and method of lighting for all signs;
(4) The sign program shall specify standards for consistency among all signs on the lots affected by the plan with regard to location, sign proportions, materials, color schemes, lettering and graphic styles, and lighting;
(5) If any new or amended sign program is filed for a site on which existing signs are located, it shall include a schedule for bringing into conformance, within one year, all signs not conforming to the proposed new or amended plan or to the requirements of this chapter in effect on the date of submission.
(B) Sign programs approved by the planning commission include commercial centers containing five acres or more, kiosk sign programs, community/neighborhood project identification signs, and special sign districts. Sign area and heights may be greater than those specified in Table 19.23.120 as may be determined by the sign program subject to the findings set forth in Section 19.23.070(F).
(C) Sign Programs for Contiguous Parcels. Owners of contiguous parcels may propose a sign program approved by the planning commission to link their properties with coordinated signage. Sign area and heights may be greater than those specified in Table 19.23.120 as may be determined by the sign program subject to the findings set forth in Section 19.23.070(F).
(D) Kiosk Sign Program. Subdivision directional signs and commercial signs may be permitted under a kiosk sign program as approved by the planning commission. The commission review will include size, height, design, materials and colors of proposed kiosk, along with locations and maximum number of kiosk signs within the city. In addition, the following standards are applicable:
(1) The panel and sign structure design shall be in accordance with this chapter.
(2) No kiosk sign structure shall be located less than three hundred feet from an existing or previously approved kiosk site except in the case of signs on different corners of an intersection.
(3) All kiosk signs shall be placed on private property with written consent of the property owner.
(4) A kiosk sign location plan shall be prepared, showing the site of each kiosk directional sign, and shall be approved by the planning commission prior to the issuance of a sign permit.
(5) There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the kiosk signs as originally approved. No other nonpermitted directional signs, such as poster or trailer signs, may be used.
(6) All nonconforming subdivision kiosk directional signs associated with the subdivision in question must be removed prior to the placement of directional kiosk sign(s).
(7) The kiosk subdivision directional signs shall be removed when the homes in the subdivision are sold.
(8) No more than eight kiosk signs may be permitted at any time within the city limits.
(E) Optional Provisions. A sign program may contain such other restrictions as the owners of the lots may reasonably determine.
(F) Binding Effect. After approval of a sign program, no sign shall be erected, placed, painted or maintained, except in conformance with such plan, and any such plan may be enforced in the same way as any provision of this title. In case of any conflict between the provisions of such a plan and any other provision of this chapter, the chapter shall control.
(G) Amendment. A sign program may be amended by filing a new plan that conforms with all requirements of this chapter then in effect.
19.23.120 Permitted signs.
This section specifies the criteria for:
(A) Temporary signs;
(B) Signs permitted for residential uses;
(C) Signs Permitted for Nonresidential Uses. Signs shall be permitted in the City in accordance with the guidelines contained in Tables 19.23.120(A) through 19.23.120(C). In each instance and under the same conditions in which this chapter permits any sign, a sign containing any ideological, political or other noncommercial message and constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign.
(D) Any sign located on private property requires consent of the property owner.
Table 19.23.120(A)
Temporary Signs Permitted
| Type | Development Standards | Additional Standards |
|---|---|---|
| 1. Temporary Promotional Wall Banner | Permit Required: Temporary banner permit | (a) Each promotional banner permit shall be renewed each calendar year. |
| Maximum Number: One sign per business | (b) A copy of the banner permit shall be kept on-site at all times. | |
| (Commercial and Industrial Use: Multifamily Uses) | Maximum Size: 32 sq. ft. for building frontages up to 175 linear feet or 50 sq. ft. for building frontages greater than 175 linear feet | (c) Temporary banner shall be contained within the lineal frontage of the leased space. |
| (d) May be located freestanding within landscape areas subject to additional review by the director. | ||
| Maximum Height: Shall not exceed eave line or parapet of building | (e) Must be kept in neat condition and replaced when torn or weathered. | |
| Duration: At all times | ||
| 2. Temporary Window | Permit Required: None | (a) Printed window copy shall be replaced or removed within six months. |
| Maximum Number: No limit | ||
| (Commercial and Industrial Use) | Maximum Size: 25% of window area up to 50 sq. ft. per business | (b) Credit card placards, sports calendars or other nonprofit activities placed adjacent to the door jamb shall not be included in the calculation of window sign area. |
| Maximum Height: Shall not exceed height of highest window | ||
| 3. Temporary Outdoor Promotion Permit Banner | Permit Required: In conjunction with a temporary outdoor promotion permit | (a) A copy of the banner permit shall be kept on-site at all times. |
| Maximum Number: One sign per business | (b) Temporary banner shall be contained within the lineal frontage of the leased space. | |
| Maximum Size: 32 sq. ft. for building frontages up to 175 linear feet or 50 sq. ft. for building frontages greater than 175 linear feet | (c) May be located freestanding within landscape areas subject to additional review by the director. | |
| Maximum Height: Shall not exceed eave line or parapet of building | (d) Must be kept in neat condition and replaced when torn or weathered. | |
| 4. Noncommercial Temporary Banner | Permit Required: Temporary banner permit | (a) A copy of the banner permit shall be kept on-site at all times. |
| Maximum Number: Two banners per site | (b) May be located freestanding within landscape areas subject to additional review by the director. | |
| Maximum Size: 32 sq. ft. for building frontages up to 175 linear feet or 50 sq. ft. for building frontages greater than 175 linear feet | (c) Must be kept in neat condition and replaced when torn or weathered. | |
| (d) Must be located on private property and have permission of property owner. | ||
| Maximum Height: Shall not exceed eave line or parapet of building 5 feet when mounted on 2 poles | (e) Must be located outside of the sight distance triangle at street intersections. | |
| 5. A-Frame Signs | Permit Required: None | (a) Locate on-site |
| Maximum Number: One per customer entrance for each tenant | (b) May not be located within public right-of-way. | |
| (c) May not obstruct accessible path of travel. | ||
| Maximum Size: 7.5 sq. ft. | (d) May not be placed within landscape area. | |
| Maximum Height: 3 feet | (e) Must be returned indoors during hours that business is closed. | |
| 6. Real Estate — Leasing or Sales (Residential Uses) | Permit Required: None | (a) Placement shall be permitted on private property only. |
| Maximum Number: One sign post per residence | ||
| Maximum Size: 12.5 sq. ft. cumulative for all signs displayed on the sign post | ||
| Maximum Height: 5 feet | ||
| Type: Freestanding sign | ||
| 7. Real Estate — Leasing or Sales (Commercial or Industrial Uses) | Permit Required: None | (a) Placement shall be permitted on private property only. |
| Maximum Number: One sign per street frontage | ||
| Maximum Size: 32 sq. ft. | ||
| Maximum Height: 8 feet | ||
| Type: Either wall or freestanding sign | ||
| 8. Open House Identification (On-Site) | Permit Required: None | (a) Placement shall be permitted on private property only. |
| Maximum Number: One sign site | ||
| (Residential Uses) | Maximum Size: 4 sq. ft. | |
| Maximum Height: 4 feet | ||
| Type: Freestanding sign | ||
| 9. Open House Directional (Off-Site) | Permit Required: None | (a) Open house directional signs may be displayed only between dawn and dusk. |
| (Residential Uses) | Maximum Number: Minimum necessary to locate home; one sign per intersection per open house | (b) Placement may be permitted in the public right-of-way. |
| (c) Placement on private property requires approval of the property owner. | ||
| Maximum Size: 4 sq. ft. | ||
| Maximum Height: 4 feet | ||
| Type: Freestanding sign | ||
| 10. Individual Garage/Yard Sale Identification (On-Site) | Permit Required: None | (a) Sign shall not be placed any earlier than 72 hours prior to the event and all signs must be removed within 72 hours following date of event. |
| Maximum Number: One sign per garage sale residence | ||
| (Residential Uses) | Maximum Size: 4 sq. ft. | (b) Placement shall be permitted on private property only. |
| Maximum Height: 4 feet | ||
| Type: Freestanding sign | ||
| 11. Garage/Yard Sale Directional (Off-Site) | Permit Required: None | (a) Garage/yard sale signs shall not be placed any earlier than 72 hours prior to the event and all signs must be removed within 72 hours following date of event. |
| Maximum Number: One sign per garage sale residence | ||
| (Residential Uses) | Maximum Size: 4 sq. ft. | (b) Garage/yard sale sign may be placed in the public right-of-way, but not in the street median. |
| Maximum Height: 4 feet | ||
| Type: Freestanding sign | ||
| 12. Subdivision and Model Home Identification and Directional | Permit Required: None | None. |
| Maximum Number: One sign per garage sale residence | ||
| Maximum Size: 4 sq. ft. | ||
| Maximum Height: 4 feet | ||
| Type: Freestanding sign | ||
Table 19.23.120(B)
Permanent Signs Permitted in Residential Districts
| Type | Development Standards | Additional Standards |
|---|---|---|
| 1. Community/Neighborhood Project Identification (single-family detached, single-family attached, condominiums) | Permit Required: Sign program | (a) Placement shall be permitted on private property only. |
| Maximum Number, Size and Height: Subject to planning commission review and approval of a sign program | ||
| Type: Wall or monument | ||
| 2. Apartment Complex Project Identification | Permit Required: Sign permit | (a) Placement shall be permitted on private property only. |
| Maximum Number, Size and Height: Subject to planning commission review and approval of a sign program | ||
| Type: Wall or monument | ||
| 3. Project Directory | Permit Required: Sign Permit | (a) Placement shall be permitted on private property only. |
| Maximum Number: One sign per site or minimum number necessary to provide adequate unit addresses and information | ||
| Maximum Size: 24 sq. ft. | ||
| Maximum Height: | ||
| Wall: Shall not exceed eave line or parapet of the building | ||
| Monument: 6 feet | ||
| Type: Wall or monument | ||
| 4. Sales/Rental/Leasing Office Identification | Permit Required: None | (a) Placement shall be permitted on private property only. |
| Maximum Number: One sign per development | ||
| Maximum Size: 6 sq. ft. | ||
| Maximum Height: | ||
| Wall: Shall not exceed eave line or parapet of the building | ||
| Monument: 6 feet | ||
| Type: Wall or monument wall (permanent) | ||
| 5. Ancillary (neighborhood watch, etc.) | Permit Required: None | None. |
| Maximum Number, Size and Height: Signs shall follow city police department specifications | ||
Table 19.23.120(C)
Signs Permitted in Nonresidential Districts
| Type | Development Standards | Additional Standards |
|---|---|---|
| 1. Monument Signs for Shopping or Business/Industrial Centers (Multitenant use) or Single Tenant Sites with NO Highway 29 Frontage | Permit Required: Sign permit | (a) Each commercial center is permitted one freestanding sign, regardless of frontage length. |
| Maximum Number: One sign per 300 feet of project street frontage | (b) May not create traffic hazard at corners of driveways. | |
| Maximum Size: 40 sq. ft. | (c) Minimum 5-foot setback from public right-of-way. | |
| Maximum Height: 6 feet above grade or 4 feet above top of planter or landscaped mound | (d) Planter base or landscaped area equal to four times the area of one sign face. | |
| (e) The design of the monument sign must be consistent with any applicable building design standards per Section 19.23.100. | ||
| 2. Monument Signs for Shopping or Business/Industrial Centers (Multitenant use) or Single Tenant Sites WITH Highway 29 Frontage | Permit Required: Sign permit | (a) Each commercial center is permitted one freestanding sign, regardless of frontage length. |
| Maximum Number: One sign per 300 feet of project street frontage | (b) May not create traffic hazard at corners of driveways. | |
| Maximum Size: 50 sq. ft. | (c) Minimum 10-foot setback from public right-of-way. | |
| Maximum Height: 8 feet above grade or up to 12 feet above grade with planning commission approval | (d) Planter base or landscaped area equal to four times the area of one sign face. | |
| (e) The design of the monument sign must be consistent with any applicable building design standards per Section 19.23.100. | ||
| 3. Tenant Signs for Shopping or Business/Industrial centers (Multitenant use) or Single Tenant Sites | Permit Required: Sign permit | (a) Wall signage must be centered vertically and horizontally within the lease space unless architectural design dictates otherwise. |
| Maximum Number: N/A | (b) The combined area of all signage on a building elevation shall not exceed one square foot per lineal foot of building frontage unless approved through a sign program. | |
| Maximum Size: 1 sq. ft. per lineal foot of business façade. Up to 25 percent sign coverage of any window | ||
| Maximum Height: May not project above eave line | ||
| Letter and Logo Height: | ||
| 0-49 lineal feet/24-inch letter height maximum | ||
| 50-99 lineal feet/36-inch letter height maximum | ||
| Type: Wall sign, canopy sign and window sign (permanent) | ||
| 4. Wall Signs for Multistory Buildings with a Centralized Entrance | Permit Required: Sign permit | (a) Copy shall be arranged in a single line. |
| Maximum Number: Two signs per elevation | (b) All signs on the same elevation must be placed at the same height. | |
| Maximum Size: 1 sq. ft. per lineal foot of business façade not to exceed 200 sq. ft. | (c) The combined area of all signage on a building elevation shall not exceed one square foot per lineal foot of building frontage unless approved through a sign program. | |
| Maximum Height: May not project above eave line or parapet | ||
| Letter and Logo Height: | ||
| 0-49 lineal feet/24-inch letter height maximum | ||
| 50-99 lineal feet/36-inch letter height maximum | ||
| Type: Wall sign, canopy sign and window sign (permanent) | ||
| 5. Suspended Sign | Permit Required: Sign permit | None. |
| Maximum Number: One per building entrance | ||
| Maximum Size: 6 sq. ft. above grade | ||
| Maximum Height: Minimum 8 feet, 6 inches, vertical clearance | ||
| Type: Suspended sign (permanent) | ||
| 6. Drive-Through Signage | Permit Required: Sign permit | (a) Shall not pose a hazard to on-site circulation. |
| Maximum Number: One per drive-thru tenant | (b) Shall face away from street where feasible. | |
| Maximum Size: 30 sq. ft. | ||
| Maximum Height: Minimum 7 feet | ||
| Type: Freestanding menu board sign, directional sign, height clearance indicator, speakers (permanent) | ||
| 7. Business Directory (Pedestrian) | Permit Required: Sign permit | (a) May not block accessible path of travel. |
| Maximum Number: 2 | ||
| Maximum Size: 10 sq. ft. | ||
| Maximum Height: 6 feet | ||
| Type: Wall or kiosk | ||
| 8. Business Directory (Vehicle-Oriented) | Permit Required: Sign permit | (a) May not be located within public right-of-way. |
| Maximum Number: Minimum number necessary to provide adequate information and direction | (b) May not block accessible path of travel. | |
| Maximum Size: 20 sq. ft. | ||
| Maximum Height: 4 feet | ||
| Type: Monument | ||
| 9. Service Station Identification and Pricing Information | Permit Required: Sign permit | (a) The total area for all signs on the premises shall not exceed 300 sq. ft. |
| Maximum Number: One monument sign per street frontage; not to exceed 2 per site | (b) Price signs allowed in accordance with state regulations. | |
| Maximum Size: 20 sq. ft. | (c) Monument sign shall be designed consistent with applicable building design guidelines. | |
| Maximum Height: 5 feet | ||
| Type: Monument | (d) For wall pricing information signs, see wall sign regulations Table 19.23.120(C). | |
| 10. Electronic Message Board | Permit Required: Conditional use permit | (a) Monument sign shall be designed consistent with applicable building design guidelines. |
| Maximum Height, Size and Number: Depends upon purpose and manner of display | ||
| Type: As determined through the conditional use permit | ||
| 11. Movie Theater Marquee and Changeable Copy Sign | Permit Required: Conditional use permit | (a) Monument sign shall be designed consistent with applicable building design guidelines. |
| Maximum Height, Size and Number: Depends upon purpose and manner of display | ||
| Type: Marquee and monument | ||
| 12. Kiosk Sign | Permit Required: Sign program | (a) Monument sign shall be designed consistent with applicable building design guidelines. |
| Maximum Number: 8 throughout the city | ||
| Maximum Size: 20 sq. ft. | (b) No kiosk sign structure shall be located less than 300 ft. from an existing or previously approved kiosk site except in the case of signs on different corners of an intersection. | |
| Maximum Height: 5 feet | ||
| Type: Monument | ||
19.23.130 Legal nonconforming signs.
(A) Continuation and Abatement. Any sign determined by the city to be a legal, nonconforming sign, which is in existence on the effective date of the ordinance codified in this chapter, may continue in existence so long as:
(1) The requirements of the ordinance under which it was approved continue to be met and that the sign is maintained in a safe, neat and attractive appearance;
(2) Changes to the sign copy and sign faces are permitted when there is no change to the primary use of the site or when only a portion of a multiple-tenant sign is being changed;
(3) A nonconforming sign may not be expanded, moved or relocated.
(B) The city council may at any time elect to require that certain existing legal, nonconforming signs comply with the provisions of this chapter provided the city offers the owner fair and adequate compensation in accordance with California Business and Professions Code Sections 5492 or 5493.
(1) Categorical Abatement. Whenever the city council determines to bring existing legal, nonconforming signs into compliance with this chapter, the city council may determine a class or category of signs to be abated, or may order all nonconforming signs to comply with this chapter, based upon the recommendation of the planning commission.
(2) Fair and Just Compensation—Notice and Hearing. The community development director shall notify all owners of the nonconforming signs for which a determination of nonconformity has been made, and present a determination of the proposed fair and just compensation level. If the owner of the nonconforming sign believes the compensation proposed is not fair and reasonable, the owner may request a hearing before a hearing officer. The city council may designate, by resolution thereof, the hearing officer for purposes of fair and just compensation under this chapter. Any request for a hearing must be filed with the city clerk within fifteen days of the date of the letter from the community development director to the owner. The decision of the hearing officer shall be final and conclusive.
(3) Incentive Programs. The city council may establish a program or programs to create incentives to all owners of nonconforming signs or to owners of any category of nonconforming signs to bring about conformance with this chapter in lieu of the just compensation provision. Participation in such program shall be voluntary.
(C) Exceptions Authorizing Immediate Abatement. Notwithstanding the foregoing:
(1) Abandoned or Ceased Use. Any nonconforming sign whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety days, shall be removed, altered or replaced so as to conform to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director. Use of the nonconforming sign shall not be reestablished after said ninety-day period. Costs incurred by the city in removing an abandoned sign or other display shall be borne by or charged to the legal owner of the real property upon which said sign is located.
(2) Destruction. Any nonconforming sign that has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty days from the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director.
(3) Remodeling or Construction Projects. In the event a nonconforming sign is located on a site where an owner or tenant remodels, expands, or enlarges the building or land use upon which the nonconforming sign is located, and the cost of the remodeling, expansion, or enlargement exceeds fifty percent of the estimated cost of reconstruction of the building, or where the remodeling, expansion, or enlargement increases the total square footage of the building by fifty percent or more, any nonconforming signs on the site shall be removed, altered or replaced so as to conform to the requirements of this chapter in conjunction with the project.
(4) Relocation of Signs. The relocation of any nonconforming sign shall be required to conform the relocated sign to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director.
(5) Agreement. An agreement between the owner of a nonconforming sign and the city for its removal as of any given date shall require the owner to remove such sign in accordance with the provisions of said agreement.
19.23.140 Sign removal.
(A) The following signs shall be subject to removal:
(1) Prohibited signs: any sign prohibited by this chapter;
(2) Illegal signs: any sign erected or altered in violation of any ordinance or regulation in effect at the time of its erection or alteration;
(3) Abandoned signs: a sign which advertises or identifies a business, lessor, owner, product, service, or activity which has been discontinued on the premises for a period of thirty days or more and which is hereby declared a public nuisance;
(4) Damaged signs: any nonconforming sign which has been more than fifty percent damaged, and the damage cannot be corrected simply by copy replacement;
(5) Any sign which is or may become a danger to the public or is unsafe;
(6) Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county;
(7) Any sign failing to comply with the design, construction and maintenance standards.
(B) The community development director shall remove or cause the removal of any sign constructed, altered or maintained in violation of this chapter.
(1) Except for subsection (A)(6) above, such removal may occur fifteen days after the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address. The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within fifteen days.
(2) If the owner disagrees with the opinion of the director, the owner may, within the fifteen-day period, request a hearing before the planning commission to determine the existence of a violation.
(3) In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
(4) When it is determined that the sign in question poses an imminent safety hazard or dangerous condition or constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county, such sign may be removed immediately and stored by the community development director. As soon as possible following removal, the owner, if known, shall be given a notice of violation and the right to a hearing by requesting such hearing within five days of receipt of the notice of removal. The hearing shall be held before the community development director or designee within ten days of receipt of the written request for the hearing. The owner and the city shall be permitted to present evidence and cross examine each other's witnesses. At the conclusion of the hearing, the community development director or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The owner may appeal the decision in accordance with subsection (B)(2). If the owner establishes such removal to be improper, the owner shall be entitled to a return of the signs without charge. In all other cases the sign will be returned to the owner only upon payment of removal and storage costs. If the sign is not claimed within thirty days after the decision becomes final, the sign may be destroyed.
19.23.150 Exceptions.
The planning commission may, at a duly noticed public hearing, approve an exception to any of the area, height and width standards set forth in this chapter upon making the following findings:
(A) That the proposed sign or signs does not exceed any of the adopted area, height, and width standards by more than twenty percent; and
(B) That the scale, mass, and proportion of the proposed sign is in keeping with any existing or contemplated development on the property; and
(C) That the proposed increase in area, height or width will not result in an unsightly or obnoxious appearance; and
(D) That the sign will not impair the visibility of any other permitted signs on the site or adjacent properties; and
(E) That the location of the proposed sign will not interfere with sight distance from any access or egress point on the property; and
(F) That the required amount of landscaping around the base of the sign is increased in an amount equal to the percentage of the exception (i.e., if the area of the sign is increased by twenty percent, the area of landscaping at the base must also be increased by twenty percent); and
(G) That the granting of the exception will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the vicinity of the proposed sign.
Chapter 19.24 SIGNIFICANT HABITATS
19.24.010 Purpose.
The purpose of these provisions is to protect, preserve and enhance the significant biological habitats, plants and wildlife within the city, consistent with the American Canyon general plan.
19.24.020 Applicability.
These provisions shall apply to the following areas:
(A) Riparian corridors, coastal saltmarsh, mixed hardwood forest, and oak savannah designated on published environmental maps and the generalized sensitivity maps of the American Canyon general plan;
(B) Potential vernal pools designated on the generalized sensitivity maps in the general plan;
(C) Wetlands, as defined by the U.S. Fish and Wildlife Service.
19.24.030 Required studies.
(A) Applications for development that may impact any of the habitat areas contained in this chapter shall be accompanied by sufficient technical background data to enable an adequate assessment of the potential for impacts on these resources, and possible measures to reduce any identifiable impacts.
(B) In instances where the potential for significant impacts exists, a biological assessment report prepared by a qualified professional who is selected by the city shall be prepared.
19.24.040 Riparian corridors.
(A) Permitted Uses. Uses within riparian corridors shall be limited to the following:
(1) Education and research, excluding buildings and other structures;
(2) Passive (nonmotorized) recreation, where not in conflict with the biological integrity of the riparian corridor;
(3) Trails and scenic overlooks on public lands;
(4) Fish and wildlife management activities;
(5) Necessary water supply projects;
(6) Resource-consumptive uses as provided for in the Fish and Game Code and Title 14 of the California Administrative Code;
(7) Flood control projects where no other methods are available to protect the public safety;
(8) Bridges when supports are not in significant conflict with riparian resources;
(9) Underground utilities.
(B) Protective Measures. Development and grading that alters the biological integrity of a riparian corridor shall be prohibited unless no feasible alternative exists and the damaged habitat is replaced with habitat of equivalent value. Development that is permitted within riparian corridors shall:
(1) Minimize the removal of vegetation, erosion, sedimentation, and runoff;
(2) Provide for sufficient passage of native and anadromous fish;
(3) Minimize wastewater discharges and entrapment;
(4) Prevent groundwater depletion or substantial interference with surface and subsurface flows;
(5) Minimize the channelization of streams and other watercourses;
(6) Provide habitat linkages (wildlife corridors) to adjacent open spaces, where appropriate and feasible;
(7) Use fences, walls, vegetative cover, additional setbacks, or other measures to adequately buffer habitat areas, linkages, or corridors from the built environment;
(8) Locate and design roads and utilities to avoid conflicts with biological resources, habitat areas, linkages, or corridors, where feasible;
(9) Utilize appropriate open space or conservation easements in order to protect sensitive species or their habitats.
19.24.050 Wetlands and vernal pools.
(A) Development in wetland areas and areas of existing or potential vernal pools shall be designed and sited to preserve such areas in their natural condition, and all reasonable measures shall be taken to avoid significant impacts, including the retention of sufficient natural space, unless these actions result in an unfeasible project, in which case habitat shall be replaced in accordance with the natural resources element of the general plan.
(B) Development in these areas shall be referred to the Army Corps of Engineers, the California Department of Fish and Game, and the U.S. Fish and Wildlife Service when appropriate for review and necessary approvals.
19.24.060 Other significant habitats.
Development of areas that encompass designated oak savannah, mixed hardwood forest, and coastal saltmarsh areas shall:
(A) Maintain a buffer from the edge of a designated zone as may be recommended by a biological assessment report;
(B) Maintain connectivity to surrounding habitats, where they exist;
(C) Limit public access in areas where damage to habitat may occur.
Chapter 19.25 HILLSIDES
(Reserved)
Chapter 19.26 FLOODPLAINS
(Reserved)
Chapter 19.27 DENSITY BONUS
19.27.000 Purpose of chapter.
This chapter is intended to implement the requirements of Government Code Section 65915 et seq., and the housing element of the general plan.
19.27.005 Definitions.
For purposes of this chapter, the following definitions apply:
"Affordable housing cost" has the definition set forth in California Health and Safety Code Section 50052.5.
"Affordable rent" has the definition set forth in California Health and Safety Code Section 50053.
"Child care facility" means a facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age childcare centers.
"Common interest development" has the definition set forth in California Civil Code Section 4100.
"Concession" or "incentive" means any of the following:
1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and Safety Code Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions.
2. Approval of mixed use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the applicant or the city and approved by the city that result in identifiable and actual cost reductions.
This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.
"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the city.
"Development standard" means the site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation.
"Director" means the director of community development or the director's designee.
"Disabled veteran" has the definition set forth in California Government Code Section 18541.
"Equivalent size" means that the replacement dwelling units contain at least the same total number of bedrooms as the units being replaced.
"Homeless person" has the definition set forth in 42 U.S.C. Section 11301 et seq.
"Housing development" means a development project for five or more residential units, including mixed-use developments. "Housing development" also includes a subdivision or common interest development, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in the number of residential units.
"Lower income households" has the definition set forth in California Health and Safety Code Section 50079.5.
"Major transit stop" has the definition set forth in Public Resources Code Section 21155.
"Maximum allowable residential density" means the density allowed under the zoning code, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.
"Moderate income households" has the definition for "persons or families of moderate income" set forth in California Health and Safety Code Section 50093(b).
"Multifamily dwelling" has the definition set forth in California Government Code Section 65863.4(d).
"Property containing existing affordable housing" means any property that includes any parcel on which rental dwelling units are or have been: (1) subject to any other form of rent or price control through a public entity's valid exercise of its police power; (2) occupied by lower or very low income households; or (3) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and households of lower or very low income. Such rental dwelling units include rental dwelling units that have been vacated or demolished in the five-year period preceding the application seeking the density bonus.
"Replace" has the definition set forth in California Government Code Section 65915(c)(3)(B).
"Senior citizen housing development" has the definition set forth in California Civil Code Section 51.3.
"Special needs housing development" has the definition set forth in California Health and Safety Code Section 51312.
"Specific, adverse impact" has the definition set forth in California Government Code Section 6559.5(d)(2).
"Transitional foster youth" has the definition set forth in California Education Code Section 66025.9.
"Unobstructed access" means access where a resident is able to travel without encountering natural or constructed impediments, as outlined in California Government Code Section 65915(p)(2).
"Very low income households" has the definition set forth in California Health and Safety Code Section 50105.
19.27.010 General density bonus provisions.
(A) Application. Any person that desires a density bonus shall make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus is requested. The density bonus provided by this chapter only applies to housing developments consisting of five or more dwelling units.
(B) Incentives and Concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the city, the city shall provide the applicant incentives or concessions for the production of housing units and childcare facilities as provided in this chapter.
(C) Available Density Bonus Options. The planning commission or city council shall grant one density bonus, the amount of which shall be as specified in Section 19.27.030, and incentives or concessions as described in Section 19.27.020, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that shall contain at least one of the following:
(1) Ten percent of the total units of a housing development for lower income households.
(2) Five percent of the total units of a housing development for very low-income households.
(3) A senior citizen housing development.
(4) Ten percent of the total dwelling units in a common interest development for moderate-income households, provided that all units in the housing development are offered to the public for purchase.
(5) Ten percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons to be provided at the same affordability level as very low-income units subject to a recorded affordability restriction of fifty-five years. As used in this subsection, "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this chapter.
(D) Applicant's Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to Section 19.27.030, the applicant who requests a density bonus pursuant to this section must elect whether the bonus shall be awarded on the basis of paragraph (1), (2), (3), (4) or (5) of subsection C of this section.
(E) Continued Affordability.
(1) Qualified Households. An applicant shall agree that the occupants of the low, very low, and moderate income units that are directly related to the receipt of the density bonus in a housing development or common interest development shall be low, very low, or moderate income households, as applicable.
(2) Term.
(a) An applicant shall agree to set rents at affordable rent levels and to the continued affordability of all rental units that qualified the applicant for the award of the density bonus for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(b) All for-sale units shall initially be sold at an affordable housing cost and shall remain subject to a resale affordable housing cost restriction for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period shall reset upon each sale of an affordable unit.
(3) Equity Sharing. The city shall require an equity-sharing agreement for all for-sale units, unless such an agreement would be in conflict with the requirements of another public funding source or law.
(F) Housing Development Involving Property Containing Existing Affordable Housing. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any parcel or parcels on which rental dwelling units that:
(1) Have been vacated or demolished in the five-year period preceding the application;
(2) Have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;
(3) Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or
(4) Occupied by lower or very low income households, for a proposed housing development involving a property containing existing affordable housing, unless:
(a) The proposed housing development replaces the existing affordable housing units. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five years. If the proposed development is for-sale units, the units replaced shall be affordable as defined in Section 50052.5 of the Health and Safety Code, and
(b) Either:
(i) The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in subsection C of this section, or
(ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low-income household.
19.27.015 Requirements for equity-sharing agreement.
The following provisions shall be included in any equity-sharing agreement required under this chapter:
(A) Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e).
(B) For purposes of this section, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, as applicable, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.
(C) For purposes of this section, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.
19.27.020 Incentives and concessions.
(A) An applicant for a density bonus pursuant to Section 19.27.010 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter, and may request a meeting with the director.
(B) Subject to subsection C below, the applicant shall receive the following number of incentives or concessions:
(1) One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for moderate income households in a common interest development.
(2) Two incentives or concessions for projects that include at least twenty percent of the total units for lower income households, at least ten percent for very low income households, or at least twenty percent for moderate income households in a common development.
(3) Three incentives or concessions for projects that include at least thirty percent of the total units for lower income households, at least fifteen percent for very low income households, or at least thirty percent for moderate income households in a common interest development.
(C) The planning commission or city council shall grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
(1) The concession or incentive does not result in identifiable and actual affordable housing cost reductions, or rents for the targeted units will not be set as specified in Section 19.27.010(E);
(2) The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and 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; or
(3) The concession or improvement would be contrary to state or federal law.
19.27.025 Waiver or reduction of development standards.
(A) An applicant may submit a proposal to the city and request a meeting with the director to waive or reduce development standards that the applicant believes will physically preclude housing construction that satisfies Section 19.27.010(C) criteria at the densities or with the concessions or incentives permitted by this chapter. Such proposal may not increase the number of incentives or concessions that the applicant is entitled to under Section 19.27.020.
(B) The planning commission or city council shall waive or reduce an applicant's development standard request, unless it makes a written finding, based upon substantial evidence, that:
(1) The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
(2) The waiver or reduction would be contrary to state or federal law.
19.27.030 Calculation of density bonus.
(A) The applicant is entitled to a density bonus that varies according to the percentage of affordable housing units that exceed the percentage established in Section 19.27.010(B).
(B) For housing developments meeting the lower income household criteria of Section 19.27.010(C)(1), the density bonus shall be calculated as follows:
Table 19.27.030(B)
Density Bonus for Lower Income Units
| Percentage Low-Income Units | Percentage Density Bonus |
|---|---|
| 10 | 20 |
| 11 | 21.5 |
| 12 | 23 |
| 13 | 24.5 |
| 14 | 26 |
| 15 | 27.5 |
| 17 | 30.5 |
| 18 | 32 |
| 19 | 33.5 |
| 20 | 35 |
(C) For housing developments meeting the very low income criteria of Section 19.27.010(C)(2), the density bonus shall be calculated as follows:
Table 19.27.030(C)
Density Bonus for Very Low Income Units
| Percentage Very Low Income Units | Percentage Density Bonus |
|---|---|
| 5 | 20 |
| 6 | 22.5 |
| 7 | 25 |
| 8 | 27.5 |
| 9 | 30 |
| 10 | 32.5 |
| 11 | 35 |
(D) For housing developments meeting the criteria of Sections 19.27.010(C)(3), and 19.27.010(C)(5), (senior citizen and transitional foster youth, disabled veterans, or homeless persons), the density bonus shall be twenty percent.
(E) For housing developments meeting the common interest development criteria of Section 19.27.010(C)(4), the density bonus shall be calculated as follows:
Table 19.27.030(E)
Density Bonus for Common Interest Development Units
| Percentage Moderate Income Units | Percentage Density Bonus |
|---|---|
| 10 | 5 |
| 11 | 6 |
| 12 | 7 |
| 13 | 8 |
| 14 | 9 |
| 15 | 10 |
| 16 | 11 |
| 17 | 12 |
| 18 | 13 |
| 19 | 14 |
| 20 | 15 |
| 21 | 16 |
| 22 | 17 |
| 23 | 18 |
| 24 | 19 |
| 25 | 20 |
| 26 | 21 |
| 27 | 22 |
| 28 | 23 |
| 29 | 24 |
| 30 | 25 |
| 31 | 26 |
| 32 | 27 |
| 33 | 28 |
| 34 | 29 |
| 35 | 30 |
| 36 | 31 |
| 37 | 32 |
| 38 | 33 |
| 39 | 34 |
| 40 | 35 |
(F) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(G) A density bonus shall not require a general plan amendment, zoning change, other discretionary approval, or study other than those provided under California Government Code Section 65915(j)(1).
(H) A density bonus shall not require the city to waive any unrelated development standard ordinance, except as provided for in Sections 19.27.020 and 19.27.025.
19.27.035 Additional density bonus through donation of land.
(A) When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the city, as provided for in this section, the applicant shall be entitled to a fifteen percent increase above the maximum residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:
Table 19.27.035
Affordable Housing Land Donation
| Percentage Very Low Income | Percentage Density Bonus |
|---|---|
| 10 | 15 |
| 11 | 16 |
| 12 | 17 |
| 13 | 18 |
| 14 | 19 |
| 15 | 20 |
| 16 | 21 |
| 17 | 22 |
| 18 | 23 |
| 19 | 24 |
| 20 | 25 |
| 21 | 26 |
| 22 | 27 |
| 23 | 28 |
| 24 | 29 |
| 25 | 30 |
| 26 | 31 |
| 27 | 32 |
| 28 | 33 |
| 29 | 34 |
| 30 | 35 |
(B) The land dedication density bonus shall be in addition to any increase in density mandated by Section 19.27.010(C), up to a maximum combined density increase of thirty-five percent, if an applicant seeks increases required pursuant to both this section and Section 19.27.010(C).
(1) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(2) Nothing in this section shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
(C) An applicant shall be eligible for an increased density bonus described in this section if all of the following conditions are met:
(1) The applicant donates and transfers land no later than the date of approval of the final subdivision map or parcel map or residential development application.
(2) The developable acreage and zoning classification of the transferred land will provide at least ten percent of the residential units in the proposed development to be affordable to very low-income households.
(3) The transferred land is at least one acre or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.
(a) The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
(b) No later than the final subdivision map, parcel map, or of the residential development approval date, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design permit, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.
(4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.27.010(E)(1) and (2), which restriction shall be recorded on the property at the time of the transfer.
(5) The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.
(6) The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
(7) A proposed very low-income unit funding source shall be identified no later than the final subdivision map, parcel map, or residential development application approval date.
19.27.040 Additional density bonus or concession or incentive through provision of housing with a child care facility.
(A) When an applicant proposes to construct a housing development that conforms to the requirements of Section 19.27.010(C) and includes a childcare facility located on the premises of, as part of, or adjacent to, the project, the planning commission or city council shall grant either of the following:
(1) An additional residential square footage density bonus equal to or greater than the child care facility square footage; or
(2) An additional concession or incentive that contributes significantly to the economic feasibility of the childcare facility construction.
(B) The planning commission or city council shall require, as a condition of approving the housing development, that the following occur:
(1) The child care facility must remain in operation as long as or longer than the density bonus units affordable term pursuant to Section 19.27.010(E).
(2) Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 19.27.010(C).
(C) Notwithstanding any requirement of this section, the planning commission or city council is not required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(D) Density bonus units do not have to be located in the same geographic area of the housing development.
(E) Granting a concession or incentive shall not in and of itself, require a general plan amendment, zoning change, or other discretionary approval.
(F) Section 9.27.040 does not limit or require the city to provide direct financial incentives for housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
19.27.045 City's discretion in granting density bonus.
Nothing in this chapter shall be construed to prohibit the planning commission or city council from granting a greater density bonus than what is described in this chapter, or from granting a proportionately lower density bonus for developments that do not meet the requirements of this chapter.
19.27.050 Parking requirements.
(A) An applicant of a development meeting the criteria of Section 19.27.010(C) may request the city not require a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
(1) Zero to one bedroom: one on-site parking space.
(2) Two to three bedrooms: two on-site parking spaces.
(3) Four and more bedrooms: two and one-half parking spaces.
(B) An applicant of a development project meeting the criteria of Section 19.27.010(C), that is located within one-half mile of a major transit stop, and has unobstructed access to the major transit stop may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed one-half on-site parking space per bedroom.
(C) An applicant of a development project that consists solely of rental units affordable lower income households (exclusive of a manager's unit) may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed one-half on-site parking space per unit, and is either:
(1) Located within one-half mile of a major transit stop, and has unobstructed access to the major transit stop; or
(2) A for-rent housing development for individuals who are sixty-two years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and has either paratransit service, or unobstructed access to a fixed bus route service that is within one-half mile and operates at least eight times per day.
(D) An applicant of a special needs rental housing development project affordable to lower income households (exclusive of a manager's unit), may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed one-third on-site parking space per unit, when the development has either paratransit service, or unobstructed access to a fixed bus route service that is within one-half mile and operates at least eight times per day.
(E) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.
(F) An applicant that meets the requirements of Section 19.27.010(C) may request additional parking incentives or concessions beyond those provided in this chapter, subject to Section 19.27.020.
(G) Notwithstanding subsections B and C, the city may impose a higher vehicular parking ratio, not to exceed the ratio described in subsection A, based upon substantial evidence found in a parking study prepared at city expense by the city or an independent consultant in the last seven years that includes:
(1) An analysis of parking availability;
(2) Differing levels of transit access;
(3) Walkability access to transit services;
(4) The potential for shared parking;
(5) The effect of parking requirements on the cost of market-rate and subsidized developments; and
(6) The lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals.
The city may make findings, based on a parking study completed in conformity with this section, supporting the need for the higher parking ratio.
19.27.060 Denial to grant a requested density bonus, incentive, or concession.
(A) The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subsection shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(B) The city shall bear the burden of proof for the denial of a requested concession or incentive.
Chapter 19.28 INCLUSIONARY HOUSING REQUIREMENTS
19.28.010 Purpose.
The purpose of this chapter is to implement the inclusionary housing program set forth in the housing element of the American Canyon general plan.
19.28.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this chapter shall have the following meanings:
"Above moderate-income households" are those households with income of more than one hundred twenty percent of area median income for Napa County, as published by the state of California Department of Housing and Community Development, and its successors.
"Affordable housing nexus fee" is an impact fee to fund affordable housing demand created by new market-rate housing and new nonresidential development.
"Apartment" is a multifamily development residential project that creates residential dwelling units that cannot be sold individually.
"Financially infeasible" is a residential project, once all costs for development are established, (i.e. land acquisition, entitlements, site development fees, and construction costs), the developer (and/or their creditors) would not achieve an Internal Rate of Return (IRR) of at least six percent.
"Gross square feet" is the area included within the surrounding walls of a structure as calculated by the building division in accordance with its standard practice. This area does not include garages or carports.
"Inclusionary units" are those that are required to be provided at affordable rents or sales prices to specified households.
"Lower income households" are those households with income of no more than eighty percent of the area median income for Napa County, adjusted for household size, as published by the state of California Department of Housing and Community Development, and its successors.
"Market rate units" means dwelling units in a residential project which are not affordable units or target units.
"Maximum residential density" means the maximum number of dwelling units permitted in a residential project by the city's zoning ordinance and by the land use element of the general plan on the date that the application for the residential project is deemed complete, excluding any density bonus. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of general plan, the land use element density shall prevail.
"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
"Moderate income households" are those households whose income does not exceed the moderate income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
"Nonresidential development" means any development in the city for which a discretionary permit or building permit is required, other than those developments involving solely residential projects, that includes an addition, the new construction of gross square feet of nonresidential space, the conversion of a residential use to a nonresidential use, or the conversion of one nonresidential use to another nonresidential use.
"Residential ownership project" means any residential project that includes the creation of one or more residential dwelling units that may be sold individually. A residential ownership project also includes the conversion of apartments to condominiums.
"Residential project" means any development for which a discretionary permit or building permit is required that includes the creation of one or more additional dwelling units, an addition to a dwelling unit, conversion of nonresidential uses to dwelling units, or a condominium conversion.
"Residential rental project" means any residential project that creates residential dwelling units that cannot be sold individually.
"Senior citizen residential project" means a senior citizen housing development with at least thirty-five dwelling units as defined in Civil Code Section 51.3, or a mobilehome park that limits residency based on age requirements for older persons pursuant to Civil Code Sections 798.76 or 799.5.
"Stacked Flat means a multi-family residential building with single-level dwelling units, stacked on top of each other in a multi-story building.
"Target unit" means a deed-restricted dwelling unit within a residential project which is reserved for sale or rent, at an affordable rent or affordable sales price, to very low, low, or moderate income households, and which qualifies the residential project for a state density bonus and incentives pursuant to Chapter 19.27.
"Very low income households" are those households with income of no more than fifty percent of the area median income for Napa County, adjusted for household size, as published by the state of California Department of Housing and Community Development, and its successors.
19.28.030 Applicability.
(A) The provisions of this chapter shall apply to:
(1) Residential projects containing five or more residential parcels or units whose initial sales prices or rents will be affordable (as defined in Chapter 19.04, Definitions) to above moderate-income households.
(2) Residential rental projects containing five or more rental dwelling units.
(3) Nonresidential projects.
(B) These provisions shall not apply to:
(1) Any subdivision for which the final or parcel map was recorded, or any residential project subject to discretionary approval by the city for which a building permit has been issued by the city prior to the effective date of this chapter, unless approval or conditional approval of the subdivision or project was expressly conditioned upon participation in an inclusionary program such as that established by this chapter, or such participation was expressly required as an environmental mitigation measure for the subdivision.
(2) New residential development that is owned and operated by a nonprofit entity.
(3) New residential development that is deed restricted to be affordable to lower income households.
(4) New nonresidential development with a bona fide tax-exempt status.
19.28.040 Inclusionary requirements.
(A) Required Number and Type of Inclusionary Units.
(1) Ownership projects subject to the provisions of this chapter shall provide a number of inclusionary units equal to at least ten percent of applicable project units (per this chapter) at prices or rents affordable to lower-income households, unless one of the alternative actions set forth in this chapter is approved. Such inclusionary units may be either ownership units or rental units.
(2) Rental projects subject to the provisions of this chapter shall provide a number of inclusionary units equal to at least five percent of applicable project units (per this chapter) at prices or rents affordable to very low-income households, five percent affordable to low-income households, and five percent to moderate income households unless one of the alternative actions set forth in this chapter is approved. The inclusionary units shall be rental units.
(3) In determining the number of inclusionary units to be provided, any decimal fraction of 0.3 or more shall be rounded up to the nearest whole number, and any decimal fraction of less than 0.3 shall be rounded down to the nearest whole number.
(4) Where an even number of inclusionary units are required of a rental housing project, a larger number of units affordable to very low-income households shall be provided (e.g., if the inclusionary requirement equals four units, two shall be affordable to very low-income households and one shall be affordable to a lower-income household and one shall be affordable to a moderate income household). If only one inclusionary unit is required, such unit must be affordable to a very low-income household.
(B) Development Standards for Target Units.
(1) Inclusionary units should be constructed concurrently with market rate units unless both the city and the developer/applicant agree within the housing agreement to an alternative schedule for development.
(2) Inclusionary units shall be evenly distributed throughout the project, except that the decision-making body may waive this requirement if it finds that such distribution is infeasible for one or more of the following reasons:
(a) Significant topographic or other constraints exist rendering such distribution infeasible.
(b) Substantially improved site design will result from such waiver.
(c) Substantially improved building design and an improved unit amenity level will result from such waiver.
(d) Significant economic hardships will result from such distribution that does not apply to other projects in the city.
(e) Significant economic hardships will result from such distribution for the developer of the inclusionary units receiving financial assistance from federal, state, or local governmental agencies if such waiver is not granted.
(3) Where feasible, the number of bedrooms of the inclusionary units should be equivalent to the bedroom mix of the market rate units of the housing development; except that the developer may include a higher proportion of inclusionary units with more bedrooms.
(4) The design and appearance of the inclusionary units shall be compatible with the design of the total housing development.
(5) The applicant may reduce the size or interior amenities of the inclusionary units as long as there are not significant differences between inclusionary and market rate units visible from the exterior of the dwelling units and the size and design of the dwelling units are reasonably consistent with the market rate units in the project, provided that all dwelling units conform to the requirements of the applicable building and housing codes.
(6) Inclusionary units shall comply with all applicable development standards, except those which may be modified as provided by this chapter.
(C) Continued Affordability of Ownership Units. Inclusionary units shall remain restricted and affordable to the targeted household(s) for a period of at least fifty-five years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Covenants evidencing these restrictions shall be recorded against the property.
(D) Continued Affordability of Rental Units. Inclusionary units shall remain restricted and affordable to the targeted household(s) for a period of at least fifty-five years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Covenants evidencing these restrictions shall be recorded against the property.
(E) Determination of Affordable Rents and Sales Prices. In determining the maximum affordable rent or affordable sales price of inclusionary units, the following household and unit size assumptions shall be used, unless the project is subject to different assumptions imposed by other governmental regulations:
| SRO (residential hotel) unit | 75% of 1 person |
| 0 bedroom (studio) | 1 person |
| 1 bedroom | 2 person |
| 2 bedroom | 3 person |
| 3 bedroom | 4 person |
| 4 bedroom | 6 person |
(F) Housing Agreement. A housing agreement consistent with this chapter shall be made a condition of the discretionary planning permits (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits) for a project that provides inclusionary units.
(G) In the event a project exceeds the total number of inclusionary units required in this chapter, the project owner may request inclusionary unit credits that may be used to meet the inclusionary unit requirements of another project, subject to the approval of the city manager. Inclusionary unit credits are issued to and become the possession of the project owner and may only be transferred to another project owner subject to the approval of the city council. The number of inclusionary unit credits awarded for any project is subject to the approval of the city council.
19.28.050 Inclusionary alternatives.
(A) It is the intent of these provisions that the inclusionary units be provided within each project in order to disperse such units throughout the community.
(B) The following alternatives to providing inclusionary units on-site may be approved by the decision-making body if it finds that evidence presented by the applicant shows that on-site inclusionary units are financially infeasible due to project size, location or site characteristics, or that the alternative would further housing opportunities for lower-income households to an equal or greater extent:
(1) The provision of some or all of the required inclusionary units at an off-site location.
(2) The dedication of suitable land to the city, or entity acceptable to the city, for the construction of the inclusionary units. The acceptability of such dedication shall be based on the suitability of the site in terms of location, size, zoning, timing of construction and other applicable factors. The acceptability of such dedication shall also be based on the fair market value of the dedicated land, in comparison to the amount of in-lieu contribution as calculated above.
(3) Acquisition and rehabilitation of existing rental units.
(a) The term of existing rental unit affordability shall be extended fifty-five years longer than any existing affordability term.
(b) The existing units shall be affordable to the same income groups as the on-site inclusionary units that they replace.
(4) Incorporate attached or detached accessory dwelling units (ADUs) into the project.
(5) Provide an affordability term longer than fifty-five years for fewer than fifteen percent of the units.
(6) Provide fewer than fifteen percent inclusionary units, but increase the number of bedrooms in the inclusionary units that are provided.
(7) Provide fewer than fifteen percent inclusionary units, but increase the percentage of lower-income units.
(8) Provide greater than fifteen percent inclusionary overall, but a smaller percentage of lower-income units.
(9) Extend the affordability terms of existing inclusionary units.
(10) Any combination of the above alternatives.
(11) Other alternatives that achieve inclusionary housing not listed above.
(12) As a last resort, the developer may be allowed to pay in-lieu nexus fees.
(a) The in-lieu contribution shall be paid to the city at the issuance of the building permit for each unit.
(b) Such contribution shall be deposited in the city housing fund and can only be used to provide housing affordable to very low and low-income households.
19.28.060 City assistance.
The following development concessions may be approved by the decision-making body if it finds that evidence presented by the applicant shows that on-site inclusionary units are financially infeasible due to project size, location or site characteristics, or that the alternative would further housing opportunities for lower-income households to an equal or greater extent. Possible assistance includes the following:
(A) A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code for the inclusionary units. These may include, but are not limited to, one or more of the following:
(1) Increase the allowable density limits of the zoning district (i.e., a density bonus);
(2) Reduced minimum lot sizes and/or dimensions;
(3) Reduced minimum lot setbacks;
(4) Reduced minimum outdoor and/or private outdoor living area;
(5) Increased maximum lot coverage;
(6) Increased maximum building height and/or stories;
(7) Reduced on-site parking standards, including the number or size of spaces and garage requirements;
(8) Reduced minimum building separation requirements;
(9) Reduced street standards, e.g., reduced minimum street widths;
(10) Waived, reduced, or deferred planning, plan check, building permit, and/or development impact fees (e.g., capital facilities, park, or traffic fees); or
(11) Any development standard concession not listed above.
19.28.070 Application procedures.
In addition to the application contents required for any associated permits or approvals, an applicant proposing to include inclusionary units in a project shall provide the following information:
(A) The number of proposed inclusionary units and an indication of the target households;
(B) Proposed sales prices or rents for the inclusionary units;
(C) The location, unit size (square feet), and number of bedrooms of inclusionary units;
(D) A description of any proposed differences between the inclusionary units and other project units in terms of construction, appearance, or amenities;
(E) A schedule for completion and occupancy of the inclusionary units compared to a schedule for completion and occupancy of market rate units in the subject development;
(F) An offer to reserve inclusionary units for target households for at least fifty-five years when ownership and fifty-five years when rental.
19.28.080 Housing agreement.
(A) Where required by this chapter, applicants/developers shall draft and agree to enter into a housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the community development director, who shall formulate a recommendation to the decision-making body for final approval.
(B) The housing agreement shall include at least the following:
(1) The number of inclusionary units, bedroom counts for the inclusionary units and their target households;
(2) The standards for determining the affordable rent or affordable sales price and housing cost for the inclusionary units;
(3) The location, unit size (square feet), and number of bedrooms of the inclusionary units;
(4) The tenure of use restrictions for the inclusionary units;
(5) A schedule for completion and occupancy of the inclusionary units and market rate units;
(6) A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement);
(7) Other provisions to ensure implementation and compliance with this chapter.
(C) In the case of for-sale inclusionary units, the housing agreement shall include the following conditions governing the sale and use of inclusionary units during the applicable use restriction period:
(1) The inclusionary units shall be sold to and owner-occupied by eligible lower-income households at an affordable sales price and housing cost.
(2) The initial and subsequent purchasers of an inclusionary unit shall execute an instrument or agreement approved by the city restricting the sale of the inclusionary unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the inclusionary unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter.
(3) The city shall establish maximum resale prices for inclusionary units during the applicable use restriction period, taking into consideration such factors as cost-of-living increases, any improvements made to the unit, and customary closing costs.
(4) The owner of an inclusionary unit who wishes to sell the unit shall provide the first right of refusal to purchase the unit to the city and send written notice to the city of their intent to sell not less than sixty calendar days prior to the intended date of sale of the unit. Upon receipt of the owner's notice, the city shall have sixty calendar days to purchase the unit or to assign its right of refusal.
(5) The owner shall share with the city any amount received by the owner as a result of the first sale following expiration of the applicable use restriction period that is above the maximum resale price. The city shall deposit its share of any such proceeds in its housing fund.
(D) In the case of rental inclusionary units, the housing agreement shall provide for the following conditions governing the use of inclusionary units during the use restriction period:
(1) The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining inclusionary units for qualified tenants;
(2) Provisions requiring owners of the rental project to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter;
(3) Provisions requiring owners of the rental project to submit an annual report to the city which includes the name, address, and income of each person occupying the inclusionary units, and which identifies the bedroom size and monthly rent or cost of each inclusionary unit.
(E) Following execution of the agreement by all parties, the completed housing agreement, or memorandum thereof, shall be recorded and the
conditions therefore filed and recorded on the parcel or parcels designated for the construction of inclusionary units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The housing agreement shall be binding to all future owners and successors in interest.
19.28.090 Nonresidential inclusionary requirements.
Nonresidential projects subject to the provisions of this chapter shall provide the applicable affordable housing nexus fee for each square foot of new construction. The affordable housing nexus fee shall be adopted by resolution by the city council.
19.28.100 Waiver.
Notwithstanding any other provision of this chapter, the requirements of this chapter shall be waived, adjusted or reduced if the applicant shows that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitution. To receive a waiver, adjustment or reduction under this section, the applicant must make a showing under this section when applying for a first approval for the residential project, and/or as part of any appeal which the city provides as part of the process for the first approval.
Chapter 19.29 HOME OCCUPATIONS
19.29.010 Purpose.
(A) The purpose of this chapter is to establish standards for home occupations in order to achieve compatibility with other permitted uses, and with the residential character of the neighborhood in which they are located.
(B) In recognition of the unique rural nature of neighborhoods in the rural residential district, including larger lot sizes and greater separation between dwellings, modifications to some of these standards may be allowed, as noted in this chapter.
19.29.020 Definition.
As used in this chapter, a "home occupation" is an accessory use of a dwelling for employment and/or business purposes that is incidental to and subordinate to the use of the dwelling unit as a residence, and that is so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. Large family child care homes are exempt from this definition.
19.29.030 Home occupation standards.
(A) A home occupation shall comply with the following minimum standards:
(1) No person other than those persons who are residents of the premises shall be engaged in such occupations.
(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 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) A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or in an 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 pedestrian or vehicular traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
(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 that creates visual or audible interference upon any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. A home occupation shall not cause any adverse impacts such as offensive odors or excessive noise, lighting, or traffic that are incompatible with the residential area, or in violation with the provisions of any applicable laws or regulations.
(8) No vehicle over one ton carrying capacity may be used in conduct of a home occupation.
(9) Every home occupation shall fully comply with all city, county, state and federal codes, ordinances, rules and regulations.
(B) The above standards may be modified as follows for home occupations in the rural residential district:
(1) Up to twenty-five percent of the rear yard may be used for outside storage of operable vehicles, equipment and materials associated with the home occupation.
(2) Vehicles and other wheeled equipment shall be stored on an all-weather surface such as asphalt, cement, crushed rock or on grass surfaces in rear yards.
(3) All vehicles, equipment and materials stored in the rear yard shall not be visible off-site. Where necessary, an opaque screen or enclosure (such as a wall, fence or evergreen landscaping) shall be provided to achieve compliance with the standard.
(4) Storage of vehicles in excess of one ton may be considered subject to review and approval by the community development director.
(C) The director may impose additional standards and restrictions on home occupations reasonably related to the protection of the health, safety and general welfare of persons or property in the neighborhood of the home occupation or the city.
19.29.040 Home occupation permits.
(A) Applicability. No person shall commence or carry on any home occupation within the city without first having obtained a home occupation permit.
(B) Application.
(1) An application for a home occupation permit shall be filed in writing with the community development department by the person who intends commencing or carrying on a home occupation. Where the applicant is not the owner of the property on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent.
(2) The application shall be upon forms furnished by and in a manner prescribed by the community development director and shall be accompanied by any applicable filing fee established by resolution of the city council.
(C) Review and Approval.
(1) Within ten working days after the filing of an application for a home occupation permit, the community development director shall review the application and approve, conditionally-approve or deny the permit. The director may approve or conditionally-approve an application for a home occupation permit if he or she finds it consistent with the purpose and standards of this chapter.
(2) The director shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application.
(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal such an action by filing a written notice of appeal with the director within the ten days after the date of the mailing of such action. The director shall refer all appeals to the planning commission. The commission shall set the matter for hearing at the earliest available date. The applicant shall be given notice of the time and date set for such consideration.
(4) An appeal of a commission decision may be made by filing a notice of appeal with the city clerk. The notice shall comply with the requirements of Section 2.04.110 of the municipal code except that the notice of appeal shall be filed within ten days after the decision of the commission and appeal shall be subject to the procedures set forth in Chapter 2.04 of the municipal code.
(D) Suspension and Revocation.
(1) Any home occupation permit may be suspended or revoked when it is determined that the home occupation authorized by the permit has been or is being conducted:
(a) In violation of any city, county and/or state code, ordinance, rule or regulation;
(b) In a disorderly manner;
(c) To the detrimental of the general public; or
(d) In a different form than which the permit was issued.
(2) Any home occupation permit that has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least ten days prior to the date set forth for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the permittee at the address appearing on the permit.
(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal an action by filing a written notice of appeal to the director within ten days after the date of mailing of the director's action on the suspension or revocation of the permit. Appeals shall be processed as set forth in subsection C of this section.
(E) Transferability. No home occupation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
(F) Existing County Home Occupation Permits. Those home occupations already operating under a home occupation permit previously issued by the county of Napa shall not be required to obtain a new home occupation permit from the city. Such a previously-issued home occupation permit shall remain in full force and effect until such time as it is suspended or revoked under the provisions of subsection D of this section or expires under provisions of this chapter.
19.29.050 Business license required.
Every home occupation permittee shall obtain a business license. If the business license is not renewed annually, the home occupation permit shall automatically expire.
Chapter 19.30 TEMPORARY MOBILE STRUCTURES
19.30.010 Purpose.
The purpose of this chapter is to conditionally permit the temporary use of mobilehomes, mobile offices, mobile classrooms and recreational vehicles in connection with new subdivisions, construction sites and existing uses of land.
19.30.020 Approval process.
Temporary mobile structures may be approved by the community development director by temporary trailer use permit. Applications for such permits shall be reviewed and approved in accordance with Chapter 19.40, Review and Approval Procedures.
19.30.030 Length of use.
The applicant shall specify the length of time the mobile structure will be on the premises. The approval granted by the community development director will include a date on which the mobile structure will have been removed from the site. Any additional time requested shall be subject to a new application and fee.
19.30.040 Conditions of approval.
The community development director may include such terms and conditions as deemed appropriate or necessary, including, but not limited to, the following:
(A) The requirement of a cash deposit or other security provided by the applicant to assure the timely removal of the temporary mobile structure or its conversion to a permitted or approved use;
(B) The provision of adequate sanitary facilities for the temporary mobile structure;
(C) For temporary mobile structures that are visible from a public right-of-way, landscaping shall be provided, either planted or in containers (other than shipping and growing containers);
(D) All parking areas with direct access to a public street or highway right-of-way shall be paved to prevent tracking gravel, mud, or dirt onto the public road; and
(E) For temporary mobile structures without direct access to a public street or highway, compacted rock or similar material may be used, subject to the review and approval by the Public Works Director; Fire Chief, and Building Inspector.
Chapter 19.31 ANIMAL KEEPING REGULATIONS
19.31.010 Purpose.
The purpose of these standards is to ensure that animals permitted in Chapter 19.05, Use Classifications, are maintained in a manner compatible with residential uses.
19.31.020 Animal keeping standards.
The following standards shall apply to the keeping of animals in all districts in order to ensure that animals are maintained in a manner compatible with surrounding uses:
(A) Maintenance.
(1) All buildings housing animals, all animal enclosures and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure.
(2) The premises shall be maintained in a neat and sanitary manner.
(3) Reasonable measures shall be taken by the owners of animals subject to these provisions to ensure that noise, odors, flies, vermin and other nuisances related to animal keeping do not negatively impact adjacent properties.
(4) If animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the city shall initiate enforcement proceedings as provided by Chapter 19.02, Enforcement and Penalties.
(B) Permitted Animals.
(1) Pets. Domestic creatures commonly sold in pet stores and kept as household pets may be kept upon any lot in any zone where the principal use upon such lot is residential, so long as animals do not constitute a nuisance and are adequately provided with food, care and sanitary facilities.
(2) Livestock. Large animals, including equines, bovines, sheep, and goats, but excluding swine, may be kept for personal purposes where "livestock keeping" is permitted as an accessory use in each underlying zoning district.
(3) Other animals, including those of a species normally considered wild, may be kept in any nonresidential zone upon approval of a use permit in each case and provided that adequate space is available and that the animals are confined in a secure enclosure that precludes a risk to the public and that keeping such species of animal is not prohibited by the laws of the State of California or the United States of America.
(4) Anyone keeping an animal that is of a species for which a license or permit to keep such animal is required by state or federal law must have the license or permit present upon the property and at a reasonable day and time allow the Code Enforcement Officer of the city to view that license or permit and to verify that the animals are being kept in compliance with any and all conditions of the license or permit.
(5) Indemnification and Notification Policy. In conjunction with the furnishing of evidence of compliance with the laws of the State of California or the United States of America, any person keeping an animal subject to this Section 19.31.020(B)(4) shall notify the city of the keeping of such animal and indemnify and hold harmless the city, its elected and appointed officials, employees and agents in a manner satisfactory as to form and content to the city attorney.
(6) Insurance. In addition to the indemnification requirements of Section 19.31.020(B)(5), any person keeping an animal subject to Section 19.31.020(B)(4) shall maintain at all times during the keeping of such animal an insurance policy from an underwriter acceptable to the city's risk manager and authorized to do business in the State of California naming the city, its elected and appointed officials, employees and agents as additional insures in an amount of not less than one million dollars per occurrence in a manner satisfactory as to form and content to the city attorney.
(C) Minimum Lot Size. A minimum lot area of twenty thousand square feet is required for livestock keeping, as defined by Chapter 19.05, Use Classifications, at least seventy-five percent of which is accessible to and usable by the large animal(s).
(D) Setbacks. All buildings and areas used to house or confine nondomestic animals, including barns, stables, lofts, coops, corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures and accessory structures shall be located behind residence on the lot and shall maintain side and setbacks in accordance with the underlying zone district. Additionally, such areas or structures shall maintain a distance of fifty (50) feet from any off-site structure used for human occupancy or habitation. Structures related to the keeping of horses shall be located no closer than fifty (50) feet to any property line, closer than fifty (50) feet to any dwelling on the site, or closer than one hundred feet to any other dwellings.
(E) Disclosure. Where development or subdivision of property is proposed to occur adjacent to an area where "livestock keeping" is permitted as an accessory use in the underlying zoning district, the deeds of properties included in such development or subdivision shall contain notification of possible livestock keeping on adjacent property.
(F) Pre-Existing Animal Keeping. Any property upon which animal keeping existed and was ongoing at the time of adoption of the animal keeping regulations and which did not comply with the minimum lot size or setback standards is considered legal conforming and may continue to exist providing there can be no increase in the number of animals or the amount of nonconformance with setback and lot size requirements.
Chapter 19.32 MOBILEHOME PARK CONVERSION ORDINANCE
Article I General Provisions
19.32.010 Purpose and intent.
The stated purpose and intent of the mobilehome park conversion ordinance is to ensure that any proposed conversion of an existing mobilehome park to any other use is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion and that relocation and other assistance is provided park residents, consistent with the provisions of the ordinance codified in this chapter and Sections 65863.7 and 66427.4 of the California Government Code.
19.32.020 Definitions.
For purposes of this chapter, the following terms shall have the meanings indicated:
"Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer coach as defined in Section 635 of the Vehicle Code.
"Comparable housing" means housing that is comparable in floor area and number of bedrooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of the state Uniform Housing Code.
"Comparable mobilehome park" means any other mobilehome park substantially equivalent in terms of park conditions, amenities and other relevant factors.
"Conversion" means changing the use of a mobilehome park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation. Such a conversion may affect an entire mobilehome park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobilehome park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobilehome park are to be sold, and the cessation of use of all or a portion of the park as a mobilehome park, whether immediately or on a gradual basis, or the closure of the park. "Conversion" shall not include the purchase of the park by its existing residents.
"Date of application for change of use" means the date of filing of an application for a rezoning, general plan amendment, use permit, subdivision, planned unit development plan, design permit, or any other discretionary land use application approval under Title 18, the Subdivision Code, and/or Title 19, the Zoning Code, of the city of American
Canyon Municipal Code, which application seeks approval of a change of use of or at a mobilehome park.
"Eligible mobilehome owner" means a mobilehome owner whose mobilehome was located in a mobilehome park on the date of application for a change of use.
"Home owner" means the registered owner or owners of a mobilehome, who has a tenancy in a mobilehome park under a rental or lease agreement.
"Mobilehome" means a structure designed for human habitation and for being transportable on a street or highway under permit pursuant to California Vehicle Code Section 35790, and as defined in Section 18008 of the Health and Safety Code. "Mobilehome" does not include a recreational vehicle, as defined in Civil Code Section 799.24, or a commercial coach, as defined herein and in Section 18001.8 of the Health and Safety Code.
"Mobilehome park" means an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for habitation. For purposes of this chapter, "mobilehome park" shall not include a mobilehome subdivision, stock cooperative, or any park where there is any combination of common ownership of the entire park or individual mobilehome sites.
"Mobilehome space" means any area, tract of land, site, lot, pad, or portion of a mobilehome park designated or used for the occupancy of one mobilehome.
"Mobilehome tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement with the mobilehome owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobilehome owner.
"Resident" means a person lawfully residing in a mobilehome park, and includes a mobilehome owner, mobilehome tenant or member of the immediate household of the mobilehome owner or mobilehome tenant.
19.32.030 Vacancy rate in excess of twenty percent—Notice required.
The following shall apply when any mobilehome park in the city has a vacancy rate of twenty percent or greater of the total number of spaces in existence in the mobilehome park:
(A) Whenever twenty percent or more of the total number of mobilehome sites or mobilehomes at a mobilehome park are vacant or otherwise uninhabited and such situation was not caused by physical disaster, including but not limited to fire, flood, storm, earthquake, landslide, or by another natural condition beyond the control of the owner or operator of the mobilehome park, the owner or operator of the park shall file with the community development director a written notice informing the city of the current vacancy rate at the park. For purposes of this chapter, a mobilehome site is "uninhabited" or "vacant" when it is either:
(1) Unoccupied by a mobilehome; or
(2) Occupied by a mobilehome in which no persons reside;
(3) A mobilehome shall not be considered vacant for purposes of this chapter if rent is being paid pursuant to a bona fide rental or lease agreement and the mobilehome is merely unoccupied.
(B) The written notice to the community development director from the owner or operator of the mobilehome park shall clearly state any known reasons for the vacancy rate to be in excess of twenty percent and whether or not the property owner intends in the immediate future to convert the mobilehome park to another use.
(C) If it is determined that the owner of the mobilehome park intends to apply for a conversion of the mobilehome park to another use, the community development director shall immediately inform the property owner of the requirements of this chapter.
19.32.040 Use permit required.
In addition to any other necessary discretionary land use permit applications such as a subdivision or a design permit, the conversion of any existing mobilehome park to any other use shall require the review of a use permit application by the planning commission, which shall forward a recommendation on the discretionary permits and use permit to the city council for final action. At a minimum, each application for a use permit to convert a mobilehome park to any other use shall include the following and any additional information as may be required by this chapter and the community development director:
(A) A detailed narrative description of the proposed use to which the mobilehome park is to be converted;
(B) The proposed timetable for implementation of the conversion and development of the site;
(C) Evidence that any tenant's rent had not been increased within the two months prior to the filing of an application for conversion of a mobilehome park, and a statement from the applicant that the rent at the mobilehome park shall not be increased for two years from the date of filing of the conversion application or until the date of the commencement of relocation activities;
(D) A report on the impact of the conversion of the mobilehome park on its residents and a disposition/relocation plan addressing the availability of replacement housing for existing tenants of the mobilehome park consistent with Section 65863.7 of the California Government Code;
(E) Upon filing an application for a use permit for conversion, the community development director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobilehome park residents concerning the proposed conversion. The community development director shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing tenants as required by the California Government Code, the California Civil Code, and this chapter.
(F) No use permit application for the conversion of a mobilehome park to another use shall be deemed complete and processing for consideration will not commence until the conversion impact report and relocation plan as required by this chapter have been reviewed by the community development director for substantial conformance with the requirements of this chapter.
19.32.050 Conversion impact report required.
Any person filing an application for a use permit to convert a mobilehome park to another use shall file a conversion impact report on the impact of the change of use upon the residents of the mobilehome park. At a minimum the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the community development director:
(A) A detailed description of the mobilehome spaces within the mobilehome park including, but not limited to:
(1) The total number of mobilehome spaces in the park and the number of spaces occupied,
(2) The length of time each space has been occupied by the present resident(s) thereof,
(3) The age, size, and type of mobilehome occupying each space,
(4) The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof,
(5) Name and mailing address of the primary resident(s) of each mobilehome within the mobilehome park on three sets of gummed labels for the mailing of notice of public hearings;
(B) A list of all comparable mobilehome parks within the city and Napa County. This list shall include the age of the mobilehome park and the mobilehomes therein, a schedule of rents for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobilehomes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included;
(C) A detailed analysis of the economic impact of the relocation on the tenants including comparisons of current rents paid and rents to be paid at comparable mobilehome parks within the city or Napa County, the estimated costs of moving a mobilehome and personal property, and any direct or indirect costs associated with a relocation to another mobilehome park;
(D) A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobilehome park; coordination of moving the mobilehome and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobilehome park.
19.32.060 Relocation plan required.
A relocation plan for tenants of a mobilehome park shall be submitted to the planning commission and city council for approval as a part of the application for a use permit to convert a mobilehome park to another use. The relocation plan shall provide, at a minimum, for the following:
(A) The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified MAI appraisers of mobilehomes;
(B) The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobilehome movers;
(C) The relocation plan shall provide specifically for relocation assistance to full-time, very-low, low, and moderate-income residents and senior citizens over the age of sixty-two residing in the park for a minimum period of twelve months following closure of the mobilehome park.
(D) The relocation plan shall specifically provide guarantees that all tenants sixty-two years of age or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation;
(E) The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobilehome park within the city or Napa County to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner's mobilehome, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited;
(F) If the city council determines that a particular mobilehome cannot be relocated to a comparable mobilehome park within the city or Napa County, and the mobilehome owner has elected to sell his or her mobilehome, the relocation plan shall Identify those mobilehomes, the reasons why the mobilehomes cannot be relocated as provided in subsection (E) of Section 19.32.060, then the city council may, as a part of the reasonable cost of relocation as provided in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobilehome of a displaced home owner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location including the blocks and any 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 change of use 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 have appraisals prepared by separate qualified MAI appraisers with experience in establishing the value of mobilehomes. The city council shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobilehome owner.
19.32.070 Required findings for conversion.
In approving a use permit for a mobilehome park conversion, the city council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this chapter:
(A) The proposed use of the property is consistent with the general plan and any and all of its elements, any applicable specific plan or planned unit development plan or similar mechanism provided for in state law or city ordinance, and this chapter.
(B) The residents of the mobilehome park have, been adequately notified of the proposed conversion including information pertaining to the anticipated timing of the proposed conversion.
(C) There exists land zoned for new or replacement comparable mobilehome parks or adequate space is available in other comparable mobilehome parks within the city or Napa County for the residents who will be displaced.
(D) The conversion will not result in the displacement of very low, low, or moderate income, mobilehome residents or senior citizens over the age of sixty-two who cannot afford rents charged in other mobilehome parks within the city or Napa County, unless otherwise approved by the city council.
(E) The age, type, size, and style of mobilehomes to be displaced as a result of the conversion will be able to be relocated into other comparable mobilehome parks within the city or Napa County, or that the applicant has agreed to purchase any mobilehome that cannot be relocated at its in-place value as provided for in this chapter.
(F) Any mobilehome residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.
(G) The relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.
19.32.080 Conditions of approval.
The city council shall impose any 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 and safety of the residents of the city may be imposed.
19.32.090 Effective date of conversion.
The city council shall establish the date on which the use permit for conversion will become effective. Such date shall not be less than two years from the decision of the city council, provided that conversion at an earlier date may be approved if the city council receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobilehome park at the time of the city council public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the city council makes specific findings that the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the community development director as provided for in Section 19.32.060.
19.32.100 Issuance of grading and/or building permits.
No building permit shall be issued for the development of or on any real property which is being converted from a mobilehome park pursuant to this chapter 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 have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this chapter. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.
19.32.110 Violations.
In addition to any remedies or penalties for noncompliance with any city ordinance as provided elsewhere in the municipal code, any park owner or applicant who violates any rights of any mobilehome owner or mobilehome tenant established under this chapter shall be liable to the person for actual damages caused by such violation, plus costs and attorney's fees. In addition, no park owner shall take any wilful action to threaten, retaliate against or harass any park resident with the intent to prevent such residents from exercising his or her rights under this chapter.
Article II Relocation Assistance
19.32.120 Statement of purposes.
The provisions of this article are intended to update the provisions of Chapter 19.32 that provide relocation assistance to tenants of mobilehome parks facing eviction due to the owner's intent to convert the mobilehome park to another use.
19.32.130 Definitions.
For the purposes of this article, the definitions in Section 19.32.020 of this code, and in Article 1 of the California Mobilehome Residency Law (California Civil Code, Section 798, et seq.), and the following definitions shall apply:
"Notice to quit" means in the case of a tenant, the Notice required by Section 798.55(b) of the California Civil Code. In the case of non-tenant resident, the notice required by an applicable provision of law.
"Qualified resident" means any resident, as that term is used in California Civil Code Section 798.11, who satisfies any of the following criteria on the date such resident receives a notice to quit as defined above:
1. Has attained age sixty-two;
2. Is handicapped as defined in Section 50072 of the California Health and Safety Code;
3. Is disabled as defined in Title 42 United States Code 423; or
4. Is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children; or
5. Is a person whose income is within the low-income category as defined by the U.S. Department of Housing and Urban Development for its Section 8 program as confirmed by the State Department of Housing and Community Development in amendment to Section 6932 of Title 25 of the California Code of Regulations.
"Qualified tenant" means any tenant who satisfies any of the following criteria on the date such tenant receives a notice to quit as defined above:
1. Has attained age sixty-two;
2. Is handicapped as defined in Section 50072 of the California Health and Safely Code;
3. Is disabled as defined in Title 42 United States Code 423; or
4. Is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children; or
5. Is a person whose income is within the low-income category as defined by the U.S. Department of Housing and Urban Development for its Section 8 housing program as confirmed by the State Department of Housing and Community Development in annual amendments to Section 6932 of Title 25 of the California Code of Regulations.
"Tenant" means a homeowner, as defined in California Civil Code Section 798.9.
19.32.140 Relocation assistance required.
(A) General Rule. The management of a mobilehome park shall provide relocation assistance in connection with the change of use, as defined in Civil Code Section 798.10, of the mobilehome park, or any portion thereof.
(B) Exception. This section shall not apply where:
(1) The change of use results from the city's refusal to extend a conditional use permit, or similar permit, upon good faith request of the management for such extension;
(2) Where the California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 18510; or
(3) Where the tenant or resident, received actual written notice from management prior to entering into oral or written agreement to become a resident or tenant that an application to convert the mobilehome park to another use was on file with the city or had already been approved.
19.32.150 Manner of providing relocation assistance.
Relocation assistance, where required by the Section 19.32.140, shall be provided in accordance with the following provisions.
(A) Management's Responsibility.
(1) Management shall:
(a) Make available to each resident, at no cost, a reasonably complete and current list of vacant and available mobilehome park spaces or mobilehomes within the city and Napa County; and
(b) Make a reasonable and good faith effort to assure that residents without cars are driven, at no cost, and residents with cars are assisted, in order to inspect replacement spaces or homes; and
(c) Hire an ambulance or similar vehicle, at no cost to the resident, and otherwise take reasonable steps to assist any disabled or handicapped tenants with relocation-related activities; and
(d)
(i) Pay a relocation fee in order to assist the recipient in meeting costs of relocation, higher rents for replacement mobilehome park spaces or mobilehomes, and related expenses. For the fiscal year beginning July 1, 2006 and all subsequent fiscal years, the fee amounts shall be automatically increased by the cost of living increase as determined by the United States Labor Department for the San Francisco/Oakland/Bay Area on an annual basis The adjusted amount shall be rounded to the nearest fifty-dollar increment.
(ii) This payment shall be made as follows:
(A) In the case of a tenant residing in the mobilehome subject to the tenancy agreement who has not located a comparable replacement mobilehome park space by the time the fee is due under this section, a fee of eight thousand dollars to qualified tenants and three thousand two hundred dollars to all other tenants;
(B) In the case of a tenant residing in the mobilehome subject to the tenancy agreement who has located a comparable replacement mobilehome park space by the time the fee is due under this section, a fee of three thousand two hundred dollars;
(C) In the case of a tenant who does not reside in the mobilehome subject to the tenancy agreement, and who has not located a comparable replacement mobilehome park space by the time the fee is due under this section, a fee of four thousand eight hundred dollars to qualified tenants and three thousand two hundred dollars to all other tenants;
(D) In the case of a tenant who does not reside in the mobilehome subject to the tenancy agreement and who has located a comparable replacement mobilehome park space by the time the fee is due under this section, a fee of three thousand two hundred dollars;
(E) In the case of a resident who is not also a tenant, a fee of three thousand two hundred dollars;
(F) The entire fee shall be paid to a person who is the only tenant or resident in a mobilehome. If a mobilehome is occupied by two or more persons, any one of whom is qualified, then each person shall be paid a pro rata share of the fee due. If a mobilehome is occupied by two or more persons, none of whom is qualified, then each person shall be paid a pro rata share of the fee due.
(2) In lieu of the assistance provided for in subsection (A)(1) of this section, management may elect to relocate any tenant or resident into a comparable replacement mobilehome park space or mobilehome, satisfactory to the tenant or resident and pay all actual costs of relocation. A tenant or resident may not unreasonably withhold approval of a replacement mobilehome park space or mobilehome.
(B) When Assistance Is to Be Provided.
(1) General Rule. Where the notice to quit is served after the effective date of the ordinance codified in this chapter, the relocation assistance specified above shall be provided at the following times:
(a) The assistance specified in subsections (A)(1)(a) and (d) of this section shall be made available on or before service of the notice to quit.
(b) The assistance specified in subsections (A)(1)(b) and (c) of this section shall be made for at least a sixty-day period prior to the period specified in the notice to quit.
(c) The assistance specified in subsection (A)(2) of this section shall be made available on or before service of the notice to quit.
(2) Special Transition Rule. Where the notice to quit was served on or before the effective date of said ordinance, the relocation assistance specified above shall be provided at the following times:
(a) The assistance specified in subsections (A)(1)(a) and (d) of this section shall be made available either before the effective date of said ordinance or within thirty days thereafter.
(b) The assistance specified in subsections (A)(1)(b) and (c) of this section shall be made available for at least a thirty-day period commencing on or before the effective date of said ordinance.
(c) The assistance specified in subsection (A)(2) of this section shall be made available at any time prior to the first day of trial of any action by the management to recover possession of the mobilehome space or mobilehome.
19.32.160 Affirmative defense.
In an action by management to recover possession of a space occupied by a mobilehome or to recover possession of a mobilehome, the defendant may raise as an affirmative defense the failure of management to provide relocation assistance as required by this section.
19.32.170 Applicability.
This section shall apply to judicial proceedings to recover possession of a space occupied by a mobilehome or to recover possession of a mobilehome, commenced on or after the effective date of the ordinance codified in this chapter.
19.32.180 Notification to city.
(A) The management shall serve, by personal service or by United States mail, written notice on the city community development director of the proposed termination of mobilehome park use, accompanied by such information and in a form designated for such purpose by the city community development director. Upon publication of this subsection in the newspaper, the city community development director shall forthwith notify the management of all mobilehome parks within the city limits of the requirements of this subsection.
(1) Where the notice to quit is served on or after the effective date of the ordinance codified in this subsection, the notice to the city community development director shall be served on or before the thirtieth day prior to the expiration of one period stated in the notice to quit.
(2) Where the notice to quit is served prior to the effective date of the ordinance codified in this subsection, the notice to the city community development director shall be served on or before the tenth day prior to the expiration of the period stated in the notice to quit.
(B) The notice referred to in subsection A of this section shall be accompanied by a statement that the management has provided all relocation assistance required by law, accompanied with proof of such assistance in the form of notarized signed acknowledgments from the recipients thereof or a notarized sign waiver of assistance.
(C) If management fails to substantially comply with this section, as determined by the city community development director, the city community development director shall forthwith notify all other appropriate city departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including but not limited to a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use.
Chapter 19.33 LARGE FAMILY CHILD CARE HOMES
19.33.010 Purpose.
The purpose for establishing these operational standards is to allow the establishment and operation of large family child care homes consistent with state law, while maintaining the residential character of neighborhoods and promoting compatibility with adjacent residences.
19.33.020 Limitations.
Large family child care homes may care for up to fourteen children if the following conditions are met:
(A) The operator of a family child care home obtains and maintains a state license throughout the operation of the child care home. The operator shall annually provide the community development department with a copy of the state receipt for payment of annual fees.
(B) The licensee obtains a permit in accordance with Section 19.33.040 of this chapter.
19.33.030 Operational standards.
Large family child care homes shall be operated in accordance with the following standards:
(A) Large family child care homes shall arrange staggered times for clients to drop off and pick up children.
(B) Any side or rear yard areas intended for child care use shall be surrounded by a solid fence or wall with a minimum height of six feet.
(C) Outdoor recreational equipment and play areas shall be set back a minimum of five feet from perimeter property lines.
19.33.040 Large family child care homes permit.
A ministerial permit from the community development department shall be required prior to commencing a large family childcare operation, in accordance with the following:
(A) An application for a large family child care home permit shall be filed with the community development department on forms provided by the department, accompanied by the applicable fee, and a current copy of the state license.
(B) The application shall contain a written list of the purpose, limitations, and standards listed in this chapter, and the operator shall sign an agreement to operate the childcare home consistent with these requirements.
(C) Within five calendar days after filing the application, the community development director or designee shall approve or deny the permit, based on the ability and agreement of the applicant to meet the purpose, limitations, and standards of this ordinance.
(D) Any large family child care home permit may be suspended or revoked by the community development director if and when it is determined that the operation is being conducted:
(a) In violation of any city, state, or federal code, ordinance, or regulation;
(b) To the detriment of the public's health, safety, or welfare;
(c) Inconsistently with the purpose, limitations, and standards of this chapter.
(E) No large family child care home permit shall be transferred or assigned to another location or person.
Chapter 19.34 CONVERSIONS OF SENIOR HOUSING TO NON-SENIOR HOUSING
19.34.010 Purpose.
The purpose of this chapter is to establish necessary and appropriate policies related to conversion of senior housing projects to non-senior housing projects.
19.34.020 Findings.
(A) California's Unruh Civil Rights Act (Civil Code Section 51.1 et seq.) expressly allows private parties to establish housing for senior citizens and the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) expressly allows for "housing for older persons."
(B) State law encourages "senior citizen housing developments." Specifically, Government Code Section 65915 requires cities to provide "senior citizen housing developments" density bonuses for development of such facilities and provide lower parking standards. Therefore, by law, "senior only" housing facilities may receive concessions and incentives that non-senior facilities do not receive.
(C) On average, senior citizens make less impact on the environment than do non-seniors. Occupancy rates for seniors are significantly less than non-senior occupancy rates. Seniors make substantially fewer trips than non-seniors. Seniors drive fewer vehicles, and therefore require fewer parking spaces per housing unit than do non-seniors. This chapter acknowledges these facts when it applies a lower parking requirement for certain senior housing facilities than would have otherwise applied.
(D) Because, on average, senior citizens occupy few persons per dwelling unit than non-senior citizen residents, seniors use substantially less water per household than non-seniors. Therefore, if there is no discretionary process to administer changes from senior to non-senior mobilehome parks, the city's zero water footprint policy will not be applied to such land use changes. This will further jeopardize the city's ability to supply water to its residents in accordance with the fee structure adopted by the city council.
(E) Based on the foregoing, newly created or authorized non-senior facilities have a greater impact on the environment than do existing senior facilities. Therefore, the city determines that all conversions, as defined in this chapter, are "projects" within the meaning of Public Resources Code Section 21065.
(F) Government Code Section 65595 et seq., permit all of the following developments to pay lower developer fees to schools: developments which qualify as "senior citizen housing," "multilevel facility for the elderly" or as a "residential care facility for the elderly," and manufactured homes and mobilehomes in certain communities limited to older persons.
(G) Government Code Sections 65595.1 and 65595.2 demonstrate that cities should often disallow these senior housing uses from converting to
non-senior housing uses until the full amount of school fees that would have otherwise been required to be paid were, in fact, paid.
(H) If a previously approved facility obtained concessions or incentives because it indicated that it would qualify and operate as a senior housing project but subsequently lost its qualifying status, the development facility should mitigate the impacts on the community, including but not limited to offsetting the concessions and incentives previously received.
(I) If the city applied reduced public park dedications for senior restricted developments, or lowered fees for vehicular parking, transportation, and/or schooling because the project originally qualified as a senior housing project and then that project later converted to non-senior housing, the public would be harmed to the extent that the converted project did not provide the full amount of mitigation that would have been otherwise required. If a conversion occurs, the city should require that all impacts from the conversion are mitigated.
19.34.030 Definitions.
The following terms shall have the following meanings for the purposes of this chapter:
(A) "Concessions or incentives" mean any concession or incentive issued or awarded to a project by the city by virtue of the project qualifying as a senior housing project. Concessions and incentives shall include, but are not limited to: (1) utilization of the lesser parking standards described in Municipal Code Chapter 19.21 or similar ordinance; (2) receipt of a density bonus, incentive, or lower parking requirements consistent with Government Code Section 65915(b)(3); (3) any preference received on account of qualifying as "housing for older persons" under federal law, having been "designed to meet the physical and social needs of senior citizens" under state law, or qualifying as a "senior citizen housing development" as defined under Civil Code Section 51.3 or 51.11, or similar authority; (4) any development which received any benefit pursuant to Section 65995 et seq. (relating to lowered developer fees to fund school construction); or (5) any other reduction in design or development standards, financial assistance, or other development related concession or incentive that the project received from the city on account of the project intending to become, or for actually becoming a senior housing project.
(B) "Convert" or "conversion" means changing from existing senior housing or a senior housing project to a housing project that could not qualify as a senior housing project.
(C) "Director" shall mean the city of American Canyon director of community development.
(D) "Senior citizen" shall mean any individual who is fifty-five years or older.
(E) "Senior housing project" means any project qualifying as senior housing under state or federal law that, at the time of initial city approval, received a concession or incentive.
19.34.040 Duty to obtain conversion permit.
No senior housing project shall convert to a non-senior housing project unless the project first obtains a conversion permit pursuant to this chapter, and consistent with the procedures outlined in this chapter.
19.34.050 Procedure to obtain a conversion permit.
Consistent with this chapter, the planning commission shall conduct a public hearing on all complete applications for conversion permits. The planning commission shall issue a conversion permit if it makes findings consistent with the following:
(A) The proposed use of the property as something other than a senior housing project is in accord with the objectives of this chapter and the purposes of the zone in which the project site is located.
(B) The new use and operation is consistent with the general plan.
(C) The project will comply with all parking requirements of Municipal Code Chapter 19.21 which apply to non-senior facilities. If the city, however, in its sole and reasonable discretion determines that requiring parking spaces pursuant to this subsection would be detrimental to the public welfare, the applicant shall instead provide reasonable alternative parking accommodations. As part of the city's determination of whether the public welfare would be harmed, the city shall consider the ability of the applicant to provide additional parking without unreasonably degrading the appearance of the real property surrounding the structure.
(D) The applicant has paid or is required to pay as a condition of granting the conversion permit all required fees, including those required by Government Code Sections 65995 et seq., and Education Code Section 17620 relating to developer fees paid to school districts, and the city has received any authorization required to have been filed by the Napa Valley Unified School District pursuant to Government Code Section 65595.1, or any other section.
(E) All required notices were given, including those required by Government Code Section 65995.2 relating to school impact fees for mobilehome conversions, and Civil Code Section 798.25 relating to six-month notice of changes of regulations of mobilehome parks.
(F) The applicant has complied with all actions required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) including any duty to assess impact on the environment and resulting mitigation. These mitigation measures will address identified impacts to traffic, public transportation, noise, parking space, and vehicle parking and such other impacts as are identified by appropriate environmental review.
19.34.060 Conversion permit applications.
New Applications. An application for a conversion permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.
19.34.070 Application fees and refunds.
(A) An application fee for a conversion permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.
(B) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule adopted from time to time by city council resolution.
(C) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.
19.34.080 Investigation.
The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.
19.34.090 Hearing and notice procedure required.
(A) Responsible Parties. The director, in the case of the planning commission and city clerk, in the case of the city council, shall set the time and place of the required public hearings. The hearing body, i.e., the planning commission or city council, may change the time or place of their hearing, or may continue their hearing from time to time.
(B) Public Hearing Notice. Notice of public hearings shall be given in accordance with Title 7 of the California Government Code, as amended, except as indicated below:
(1) For applications that have adjacent parcels which are five acres or larger, the notification radius shall be one thousand feet up to a maximum of twenty-five lots, whichever is greater.
(2) For applications that the director deems to have greater effect than the normal three hundred-foot radius, the director may increase the notification radius to one thousand feet or other appropriate distance.
19.34.100 Review of applications and approving authority.
(A) Planning Commission. The planning commission shall be responsible for the review and approval of conversion permits.
(B) City Council. The city council shall be responsible for the review and approval of conversion permits only upon appeal by an interested party when an appeal is filed in accordance with Section 19.34.120.
19.34.110 Findings required.
No conversion permit shall be issued unless all the findings required by Section 19.34.020 were made.
19.34.120 Appeals.
An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.
The director shall schedule the appeal for a hearing before the city council within thirty calendar days. Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.
The city council may affirm, modify, attach additional conditions to the decision which was appealed, or reverse any planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.
19.34.130 New application following a denial.
An application for a conversion permit on the same property or substantially the same property following the same request, shall not be accepted within one calendar year of the date of denial.
19.34.140 Expiration and time extensions.
A conversion permit approval shall expire twenty-four months after final approval unless:
(A) The new use has commenced; or
(B) Where improvements are required, applicable permits were issued, and construction has commenced; or
(C) An application for a time extension is filed prior to the expiration of the permit and the planning commission granted the application. If an application for extension is filed prior to the expiration of the permit, one additional year may be granted by the planning commission.
19.34.150 Modifications and/or revisions.
Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearings required in this chapter.
19.34.160 Applications to shall run with the land.
Approved conversion permit applications shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. All conditions of the application shall continue to apply to the new owner.
19.34.170 Suspension and/or revocation.
Suspension for Violation. Upon violation of any applicable provision of this chapter, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within forty calendar days of the suspension of the conversion permit, hold a hearing in accordance with the requirements of Chapter 19.40.
Chapter 19.35 OUTDOOR SALE OF SEASONAL AGRICULTURAL PRODUCTS
19.35.010 Outdoor sale of seasonal agricultural products.
A temporary stand for the outdoor sale of seasonal agricultural products shall be permitted in any agricultural, commercial or industrial district or in similar areas and specific plans, unless otherwise prohibited, and on all church and school sites and on vacant residential property abutting an arterial or highway subject to the following requirements:
(A) Establishment of Use/Time Limit. Prior to beginning sale of any product, the applicant shall obtain a seasonal sales permit from the city of American Canyon. The seasonal sales permit shall be good for a period of time not to exceed one hundred twenty days from date of issuance.
(B) Merchandise to be Sold. The activity shall be limited to the sale of agricultural products.
(C) Electrical Permit. The applicant shall secure an electrical permit from the community development department if the facility is to be energized.
(D) Fire Prevention Standards. The facility shall comply with the fire prevention standards as approved and enforced by the fire chief and/or American Canyon fire protection district.
(E) Removal of Facility. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within fourteen days of the expiration of the time limit.
(F) Temporary Outdoor Permit. In lieu of the above requirements, an approved temporary outdoor permit per Chapter 5.05 shall be required when the sales facility meets the definition of a special event per Section 5.05.020.
Chapter 19.36 COTTAGE FOOD OPERATIONS
19.36.010 Purpose.
The purpose of this chapter is to implement requirements of Assembly Bill 1616 (Chapter 415, effective January 1, 2013), which amended state law, including, but not limited to, California Governments Code 6.1 Part 1 of Division of Title 5, Sections 109947, 110050, 110460, 11955, 113789, 114021, 114023, 114390, 114405, and 114409 and California Health and Safety Code Part 7 of Division 104 to allow for cottage food operations, establish standards for cottage food businesses as an accessory use to dwelling units, and to ensure compatibility with the residential character of the neighborhoods in which such businesses are located.
19.36.020 Definition.
"Cottage food operations (CFO)" means an enterprise as defined by California Health and Safety Code Section 113758, holding a permit or registration issued by the county of Napa and the city of American Canyon in accordance with this chapter, and is generally an accessory business located within a residence where non-potentially hazardous food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.
19.36.030 Applicability.
A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in Section 19.36.040(D) and (E), and is a distinct use different than a home occupation. Cottage food operations are not required to comply with the requirements of home occupations as defined in Chapter 19.29.
19.36.040 Standards.
Cottage food operations are permitted accessory uses to residences provided that all of the following standards are met:
(A) Size. The use is confined to the registered or permitted area, as defined by Section 113758 of the California Health and Safety Code and shall not exceed two hundred square feet or twenty-five percent of the principal dwelling, attached or detached garage, or any other accessory structure. A garage may be used for storage only when sufficient parking spaces remain available to meet current residential parking standards.
(B) Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.
(C) Employees. The use is carried on only by an immediate family member or household member occupying the dwelling, with no more than one nonresident, non-family member person employed.
(D) Traffic. The operation shall not invite customers to the residence and the operation shall not transact business with customers at the residence.
(E) Traffic. No pedestrian or vehicular traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
(F) Signage. No on-site signage or advertisement identifying the CFO is permitted.
(G) Vehicle. No vehicle over one ton carrying capacity may be used in conduct of a CFO.
(H) Parking. One parking space that may be covered or uncovered shall be available for each employee of the cottage food operator that is a nonresident family member or nonfamily member employee.
(I) Deliveries. Merchandise produced on the premises may be delivered to customers or clients. The subsection does not prohibit the operation from the delivery of merchandise from the residence to customers or the pick-up or delivery by commercial parcel service companies.
(J) Noise. No equipment or process shall be used in such CFO 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 that creates visual or audible interference upon any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. A CFO shall not cause any adverse impacts such as offensive odors or excessive noise that are incompatible with the residential area or in violation with the provisions of any applicable laws or regulations.
(K) No On-Site Dining. On-site dining or tasting events for customers are prohibited.
(L) County Authorization Required. The applicant shall furnish to the city evidence of the application for, or issuance of, the necessary permits and/or registration for operation from the county of Napa.
19.36.050 Cottage food operation permits.
(A) Applicability. No person shall commence or carry on any cottage food operation within the city without first having obtained a cottage food operation permit.
(B) Application.
(1) An application for a cottage food operation permit shall be filed in writing with the community development department by the person who intends commencing or carrying on a home occupation. Where the applicant is not the owner of the property on which the cottage food operation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent.
(2) The application shall be upon forms furnished by and in a manner prescribed by the community development director and shall be accompanied by any applicable filing fee established by resolution of the city council.
(C) Review and Approval.
(1) Within ten working days after the filing of an application for a cottage food operation permit, the community development director shall review the application and approve, conditionally-approve or deny the permit. The director may approve or conditionally-approve an application for a cottage food operation permit if he or she finds it consistent with the purpose and standards of this chapter.
(2) The director shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application.
(3) Any person aggrieved by the action of the director upon an application for a cottage food operation permit may appeal such an action by filing a written notice of appeal with the director within the ten days after the date of the mailing of such action. The director shall refer all appeals to the planning commission. The commission shall set the matter for hearing at the earliest available date. The applicant shall be given notice of the time and date set for such consideration.
(4) An appeal of a commission decision may be made by filing a notice of appeal with the city clerk. The notice shall comply with the requirements of Section 2.04.110 of the municipal code except that the notice of appeal shall be filed within ten days after the decision of the commission and appeal shall be subject to the procedures set forth in Chapter 2.04 of the municipal code.
(D) Suspension and Revocation.
(1) Any cottage food operation permit may be suspended or revoked when it is determined that the cottage food operation authorized by the permit has been or is being conducted:
(a) In violation of any city, county and/or state code, ordinance, rule or regulation;
(b) In a disorderly manner;
(c) To the detriment of the general public; or
(d) In a different form than which the permit was issued.
(2) Any cottage food operation permit that has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least ten days prior to the date set forth for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the permittee at the address appearing on the permit.
(3) Any person aggrieved by the action of the director upon an application for a cottage food operation permit may appeal an action by filing a written notice of appeal to the director within ten days after the date of mailing of the director's action on the suspension or revocation of the permit. Appeals shall be processed as set forth in subsection C of this section.
(E) Transferability. No cottage food operation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
19.36.060 Business license required.
Every cottage food operation shall obtain a business license. If the business license is not renewed annually, the cottage food operation permit shall automatically expire.
Chapter 19.37 MOBILE SERVICES AND VENDORS
19.37.010 Purpose.
The purpose of this chapter is to establish policies that support the safe operation of mobile services and vendors within American Canyon. Mobile services and vendors help foster job growth, serve as incubators for entrepreneurs seeking to establish a brick-and-mortar business, help promote a sense of identity and community, and provide additional product and service choices for residents and consumers.
19.37.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Class 1 mobile vendor," also referred to as an "ice cream truck," means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve years of age. Class 1 mobile vendors typically roam residential neighborhoods in search of customers.
"Class 2 mobile vendor," also referred to as a "food truck," means any vehicle, as that term is defined in the California Vehicle Code, which is equipped and primarily used for preparing, cooking, and selling food. These vehicles are not necessarily limited to edible items and may also sell non-food sundries as an accessory item to food sales. This type of vendor may roam among sites for less than one hour per stop or may remain in one location for one hour or more.
"Class 3 mobile vendor" means a mobile business that sells non-edible goods or provides services to multiple customers in a business day at a single location. Examples of this type of vendor include mobile florists, mobile salons, or mobile dog grooming. All Class 3 vendors must obtain a temporary outdoor promotion permit (Municipal Code Section 5.05.045).
"Fixed location" means a place on private property that the mobile vendor is parked for more than one hour.
"Mobile vending vehicle" means any vehicle that is used for the purposes of providing sales of products or services as defined in this chapter.
"Mobile vendor" means an individual or business that owns or operates a mobile service or vending vehicle.
"Operator" means any person or entity that:
1. Owns, controls, manages, and/or leases a mobile service or vending vehicle; and/or
2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a mobile vending vehicle; and/or
3. Drives, operates, prepares food in, or vends from, a mobile vending vehicle.
"Permit" means the business license or entitlement approval required under this chapter or any other chapter of this code.
"Person" means any natural person, firm, partnership, association, corporation, or other legal entity of any kind or nature.
"Restocking" means the transfer of food, goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise.
"School" means any public and/or private school in which instruction is given in any or all grades through grade twelve.
"Vend" or "vending" means soliciting, displaying, or offering produce, prepared or unprepared food, non-food sundries, and/or services of any kind for sale or barter or exchange from a mobile vending vehicle in a public place within the city. "Vend" or "vending" includes the movement or standing of a food vending vehicle for the purpose of searching for, obtaining and/or soliciting retail sales or produce, prepared food, or non-food sundries, including, but not limited to, goods, wares, or merchandise.
19.37.030 Operational requirements.
(A) The following table defines the general operation requirements:
Table 19.37.030
| Requirement | Class 1 – Ice Cream Trucks | Class 2 – Food Trucks | Class 3 – Other Mobile Vendors |
|---|---|---|---|
| Days of the week | All | M – F (may be extended to Saturday and Sunday with approval of a temporary outdoor promotion permit) | All |
| Time of operation | 9:00 a.m. – 8:00 p.m. or sunset, whichever occurs first | 6:00 a.m. – 6:00 p.m. (may be extended at the discretion of the community development director) | 7:00 a.m. – 7:00 p.m. (or as defined by temporary outdoor promotion permit) |
| Maximum time in one location | 10 minutes | 4 hours | 6 hours |
| May occupy a fixed location | No | Yes | Yes |
| Permitted zones | All | Light Industrial (LI), General Industrial (GI) with mobile service vendor (MSV) permit – other zoning districts with approval of a temporary outdoor promotion permit | All zoning districts require approval of a temporary outdoor promotion permit |
| Cleaning requirement | 50′1 | 50′1 | 50′1 |
| School limitation | No sales citywide from 15 minutes before and until 1 hour after the end of the public school day | No limitation | No limitation |
| Vending allowed in public right-of-way | Yes | No | No |
| May use amplified sound | Yes, but amplified sound must cease when vehicle is stopped to sell ice cream | No | No |
Fifty feet represents the minimum cleaning radius, but temporary outdoor promotion permits (Municipal Code Section 5.05.045) may be required to extend this area.
(B) All operators shall comply with the following additional regulations:
(1) Each operator shall conspicuously display a city of American Canyon business license inside each mobile vending vehicle.
(2) All mobile service and vendor staff shall carry legal identification.
(3) Every mobile vending vehicle shall permanently affix the name, address, and telephone number of the business on the left and right sides of the vehicle with four-inch letters that contrast in color to the vehicle paint.
(4) Vending may not occur until the mobile vending vehicle has been brought to a complete stop and lawfully parked (Vehicle Code Section 22456).
(5) A mobile vending vehicle may not be restocked while the vehicle is on any public or private street.
(6) A mobile vending vehicle may not receive electrical power or other utilities from any public or private property.
(7) Class 1 and Class 2 mobile vendor operators shall conspicuously display a food handling permit or other health permit as required by law inside each food vending vehicle.
(8) All mobile vendors shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the mobile vending vehicle shall pick up all trash and refuse generated by the operator's vending during the time the vehicle is stopped, that is within not less than a fifty-foot radius of the vehicle, before the vehicle is moved, or throughout the day as necessary to maintain clean surroundings.
19.37.040 Mobile service and vendor permit.
(A) A person desiring to engage in a mobile vendor operation shall obtain a mobile service and vendor permit. Each mobile vendor and services applicant shall submit the following information:
(1) A written application.
(2) An application fee.
(3) A city of American Canyon business license.
(4) A copy of a current Napa County environmental health permit, if applicable.
(5) Current business mailing address.
(6) Legal names of the mobile vendor and all persons operating or vending or providing service out of the mobile vending vehicle.
(7) Proof of current vehicle registration.
(8) Proof of automobile insurance as required by the Vehicle Code.
(9) A photograph of the front, rear and each side of each mobile vending vehicle.
(10) Dimensioned sample or rendering of proposed signage.
(11) A signed affidavit agreeing to the operational standards in Section 19.37.030.
(B) If the mobile vendor is proposed at a fixed location, the mobile vendor shall provide the following in addition to the submittal requirements in subsection A:
(1) A site plan depicting the location of the primary use and operation of the mobile vending vehicle.
(2) A table identifying the number of required parking spaces, and the number of provided parking spaces.
(3) A note identifying the hours and days of week of operation.
(4) An affidavit in a form approved by the city from the property owner (if other than self) permitting the mobile food vendor to locate on the site and allowing the use of on-site restroom facilities.
(C) Class 2 mobile vendors shall also provide written proof of a current contract with a commissary.
19.37.050 Renewal permit.
(A) Each mobile vendor shall submit the following information for an annual mobile service and vendor permit renewal:
(1) A written application.
(2) An application fee.
(3) A city of American Canyon business license.
(4) A copy of a current Napa County environmental health permit, if applicable.
(5) Current business mailing address.
(6) Legal names of the mobile vendor and all persons operating or vending out of the mobile vending vehicle.
(7) Proof of current vehicle registration.
(8) Proof of automobile insurance as required by the Vehicle Code.
(9) A photograph of the front, rear and each side of each mobile vending vehicle (if vehicle or graphics on the vehicle have changed in the past year).
(10) Dimensioned sample or rendering of proposed signage (if vehicle or graphics on the vehicle have changed in the past year).
(11) A signed affidavit agreeing to the operational standards in Section 19.37.030.
(12) Class 2 mobile vendors must also provide written proof of payment to a commissary within the prior twelve months.
19.37.060 Exemptions.
The following are exempt from the requirements of this chapter as specified below.
(A) Mobile vending conducted in connection with:
(1) The operations of a state certified farmers' market.
(2) An event authorized by a temporary outdoor promotion permit, encroachment permit, or other permit or entitlement issued by the city, such as an authorized street fair or a design permit.
(3) An event at a private school facility.
(4) A public park with prior written authorization from the parks and recreation director.
(5) A construction site of one acre or larger with active grading or building permits.
(6) A private event or party on the site of the event with no retail sale to the general public.
(7) A single request for service or sales where the mobile vendor conducts no retail sales to the general public. Examples of these services include delivery vehicles, mobile windshield repair, caterers, etc., that provide deliveries or services to more than one business or residential address in the course of a business day.
19.37.070 Penalty for violation.
Violation of any provision of this chapter shall be punishable as an infraction and/or by administrative citation and penalty, including fines and/or revocation of business license and permits.
19.37.080 Permit denial.
Any one of the following may constitute grounds for denial of a permit to operate or renewal application:
(A) The proposed mobile vending activity does not comply with all applicable laws including, but not limited to, the applicable building, zoning, fire, safety, and health regulations.
(B) The applicant has knowingly made a material misstatement in the application for a permit to operate.
(C) The mobile service and vendor permit application and/or renewal permit application was incomplete.
(D) The director of community development concludes that such business has been, will be, or is apt to become a public nuisance or in any way detrimental to the public interest.
19.37.090 Appeal.
Any person aggrieved by any decision of the director of community development made pursuant to this chapter may appeal the decision to the planning commission pursuant to the provisions of Sections 2.04.070 through 2.04.100 of this code.
Chapter 19.38 EMERGENCY SHELTERS
19.38.010 Location of emergency shelters.
Emergency shelters are permitted as an allowed use in the community commercial (CC) and light industrial (LI) subject to the location restrictions identified in this section. Emergency shelters are also permitted within the medium density residential (RM), high density residential (RH) with approval of a conditional use permit and subject to the location restrictions identified in this section. Emergency shelters shall not be located within less than three hundred from any other existing emergency shelter facility.
19.38.020 Standards.
In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(A) Physical Characteristics.
(1) Compliance with applicable state and local uniform housing and building code requirements.
(2) The facility shall have on-site security during all hours when the shelter is open.
(3) Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
(4) Facilities shall provide secure areas for personal property.
(B) Limited Number of Beds per Facility. Emergency shelters shall not exceed forty beds.
(C) Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
(D) Parking. The emergency shelter shall provide on-site parking at a rate of two spaces per facility for staff plus one space per six occupants allowed at the maximum capacity.
(E) Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the community development department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval.
Chapter 19.39 ACCESSORY DWELLING UNITS
19.39.010 Purpose of the chapter
The purpose of this chapter is to increase the supply of smaller units and rental housing units by allowing accessory dwelling units on lots containing a single-family dwelling in various residential districts as shown on Table 19.10.040, and to establish design and development standards for accessory dwelling units to ensure that they are compatible with existing neighborhoods and consistent with the general plan and its elements. Accessory dwelling units contribute needed housing to the community's housing stock.
19.39.020 Applicability
The provisions of this chapter apply to all lots that are occupied with a single-family dwelling unit and multifamily dwelling and zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and are a residential use that is consistent with the existing general plan and zoning designation for the lot.
19.39.030 General plan consistency
An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth in accordance with Government Code Section 65852.2(a)(8).
19.39.040 Definitions
"Accessory dwelling unit" means any of the following:
(1) One dwelling unit attached to, within, or detached from the proposed or existing primary dwelling unit that is on the same parcel in areas zoned to allow single-family and/or multifamily dwelling residential use, and provides permanent and independent provisions for living, sleeping, eating, cooking, and sanitation for one or more persons.
(2) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(3) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(4) Multiple accessory dwelling units up to 25 percent of the existing multifamily dwelling units within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings, as defined in Government Code section 65852.2, subdivision (e)(1)(C).
"Junior accessory dwelling unit" means one accessory dwelling unit that is 500 square feet or less that is contained entirely in the primary residence or within an attached garage.
"Primary residence" means the residential dwelling that existed on the parcel before or constructed concurrent with the accessory dwelling unit.
19.39.050 Development standards—Generally
(A) Each accessory dwelling unit requires approval of a building permit.
(B) The applicant of each accessory dwelling unit building permit application shall identify the anticipated rent and household size of the new accessory dwelling unit.
(C) One detached accessory dwelling unit, one attached accessory dwelling unit, and one junior accessory dwelling unit are permitted per single-family parcel.
(D) A multi-family or single-family primary residence dwelling must exist on the parcel before the accessory dwelling unit is built or it shall be built concurrently with the accessory dwelling unit.
(E) Accessory dwelling units shall comply with the lot area, yard setback, height, and building coverage standards of the applicable residential zoning district as described in Section 19.10.050 except for the following:
(1) The accessory dwelling unit is built in the garage and the garage setback is closer than the setback for the primary residence.
(2) If the accessory dwelling unit is built in a previously-permitted accessory structure, the accessory structure setbacks apply and not the setbacks for a single-family house.
(3) Development standards shall be waived to permit a detached accessory dwelling unit that is no greater than eight hundred square feet, and has four-foot setbacks.
(4) The maximum ADU height depends on these conditions:
(a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
(c) A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(d) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(e) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(5) The applicant shall not be required to correct pre-existing nonconforming zoning conditions that are not related to the ADU as a condition of ADU approval.
(F) Accessory Dwelling Living Area Standard.
(1) A Detached accessory dwelling unit shall not exceed one 1,200 square feet, unless:
(a) On a single-family lot, the detached ADU converts a previously-permitted accessory structure which is greater than 1,200 square feet. In this circumstance, the ADU may equal the square footage of the existing accessory structure.
(b) On a lot with a multifamily primary dwelling, the detached ADU is not subject to a square foot limit (Gov. Code, § 65852.2, subds. (e)(1)(A), (C), and (D)).
(2) An Attached accessory dwelling unit may occupy up to fifty percent of the primary residence living area but shall not exceed 1,200 square feet.
(3) A Junior accessory dwelling unit shall not exceed 500 square feet.
(G) Fire Sprinkler Requirements.
(1) Accessory dwelling units shall comply with all applicable fire safety provisions of state law as well as locally adopted building and fire codes under Title 16. Examples include, but are not limited to, standards such as water supply and fire department access.
(2) Accessory dwelling units shall not be required to be equipped with fire sprinklers unless fire sprinklers are required for the primary residence. For purposes of this requirement, the following standards shall apply:
(a) When the primary residence has fire sprinklers, the accessory dwelling unit shall be constructed with fire sprinklers.
(b) When the primary residence does not have fire sprinklers, the junior accessory dwelling unit and attached accessory dwelling unit do not require fire.
(c) Detached accessory dwelling units require fire sprinklers unless the primary residence does not have fire sprinklers.
(H) Deed Restrictions. Prior to issuing a building permit for an accessory dwelling unit, the property owner shall file with the county recorder, in a format with language approved by the city, a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(1) The accessory dwelling unit shall not be sold separately.
(2) The restrictions are binding upon any successor in ownership of the property.
(3) The property owner must occupy as a primary residence one of the two dwelling units on the property, either the primary or accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025.
(4) When the applicant is a qualified nonprofit housing organization, a deed restriction is not required.
(I) Impact Fees.
(1) Accessory dwelling units less than 750 square feet are exempt from all city impact fees.
(2) Impact fees for accessory dwelling units equal or greater than 750 square feet are exempt from water and sewer capacity fees. All remaining impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(J) Accessory Dwelling Units on Multifamily Dwellings. The building division shall review and approve ministerially accessory dwelling units under the following conditions.
(1) Non-habitable area within an existing multifamily dwelling structure, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements or garages, may be converted to one or more accessory dwelling units if each accessory dwelling unit complies with state dwelling unit building standards.
(2) An existing multifamily dwelling shall be permitted to accommodate additional accessory dwelling units in an amount up to twenty-five percent of the existing multifamily dwelling units.
(3) An existing multifamily dwelling is permitted a minimum of one accessory dwelling unit up to two detached accessory dwelling units on the same lot. Each detached accessory dwelling unit shall subject to a height limit in accordance with Section 19.35.050(E)(4) and four- foot rear yard and side yard setbacks.
(K) CC&Rs. As defined in California Civil Code Section 4751 or any successor statute, any covenant, condition, and restriction (CC&R) or contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described minimum standards (subsections F and G) established for those units shall be void and unenforceable.
19.39.060 Junior accessory dwelling unit standards
(A) Each junior accessory dwelling unit shall comply with the following building standards.
(1) The dwelling must have its own exterior entrance.
(2) The kitchen must include a cooking facility with appliances and includes a food preparation counter and storage cabinets.
(3) The bathroom may be included in the unit or shared with the primary residence.
(4) Junior accessory dwelling units are exempt from the building code wall separation requirements with the primary residence.
19.39.070 Parking standards
(A) When accessory dwelling unit parking is required by this chapter or provided at the discretion of the homeowner, parking spaces may be covered or uncovered, provided as tandem parking on an existing driveway or on a paved surface in a setback or yard area.
(B) Primary Residence. Parking for the primary residence must comply with Chapter 19.21 except when the garage is converted to a ADU.
(C) Detached Accessory Dwelling Unit.
(1) A minimum of one on-site parking space is required.
(2) Notwithstanding subsection (C)(1), on-site ADU parking is not required when:
(a) The detached accessory dwelling unit is located within one-half mile walking distance of public transit or within one block of a car-sharing pickup/drop-off location; and/or
(b) The ADU is located within an architecturally and historically significant historic district; and/or
(c) The ADU is part of the proposed or existing primary residence or an accessory structure; and/or
(d) On-street parking permits are required but not offered to the occupant of the ADU; and/or
(e) A car share vehicle is located within one block of the accessory dwelling unit; and/or
(f) An accessory dwelling unit building permit application is submitted in conjunction with a building permit application for a new single-family dwelling or a new multifamily dwelling on the same lot.
D. Attached Accessory Dwelling Unit. No on-site parking is required.
E. Junior Accessory Dwelling Unit. No on-site parking is required.
F. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the city shall not require replacement of the off-street parking spaces. (Ord. 2020-04 § 1, 2020; Ord. 2017-05 § 2, 2017)
19.39.080 Operational standards
(A) The accessory dwelling unit may not be sold separately from the primary residence.
(B) Owner-Occupancy. The property owner shall reside in either the primary residence or the accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025.
(C) An accessory dwelling unit may not be rented for transient occupancy (less than thirty consecutive days).
19.39.090 Design standards
Accessory dwelling units shall comply with the following standards.
(A) An accessory dwelling unit connected to an onsite water treatment system requires a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.
19.39.100 Review and approval process
Permits for accessory dwelling units and junior accessory dwelling units shall be reviewed ministerially through the building division in accordance to Government Code Section 65852.2 (a) through (e).
(A) The building division shall 'approve or deny' the application to create an accessory dwelling unit or junior accessory dwelling unit within sixty days from the date the building division receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
(B) If the City denies an accessory dwelling unit building permit application, the applicant shall receive a list of application deficiencies that would remedy a subsequent building permit application.
JUSTIFICATION: See HCD Comment #11 related to the City's obligation to approve or deny an ADU application within 60-days.
(C) If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family dwelling on the lot, the building division may delay acting on the accessory dwelling unit or junior accessory dwelling unit permit application until the building division acts on the new single-family dwelling permit application, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered ministerial without discretionary review or a hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.
19.39.110 Code enforcement
For accessory dwelling units built before January 1, 2020, the property owner may request delayed enforcement of building standards for five years.
(A) There shall be no delays granted after January 1, 2030.
(B) There shall be no delays granted if the delay of the correction will cause a violation needed to protect health and safety.
DIVISION 3 ADMINISTRATION
Chapter 19.40 REVIEW AND APPROVAL PROCEDURES
19.40.010 Purpose.
The purpose of this chapter is to establish review and approval procedures for permits and other approvals provided for by this title. Findings and other criteria for the approval of specific permits are contained in the appropriate chapters of this title.
19.40.020 Community development director approvals.
(A) Authority.
(1) The following may be approved without a public hearing by the community development director, as specified elsewhere in this title:
(a) Sign permits, pursuant to Chapter 19.23.
(b) Home occupation permits, pursuant to Chapter 19.29.
(c) Design permits, pursuant to Chapter 19.41.
(d) Temporary trailer permits, pursuant to Chapter 19.30.
(e) Classifications of use, pursuant to Chapter 19.05.
(f) Minor modifications, pursuant to Chapter 19.45.
(g) Minor variations, pursuant to Chapter 19.44.
(h) Reasonable accommodation, pursuant to Chapter 19.52.
(2) The following may be approved following a public hearing by the community development director, as specified elsewhere in this title:
(a) Conditional fence permits, pursuant to Chapter 19.10.
(b) Minor use permits, pursuant to Chapter 19.42.
(3) The director may refer any of the above entitlements to the planning commission for review because of unique circumstances or a need for policy direction.
(B) Application.
(1) An application subject to the approval of the community development director shall be submitted to the community development department on forms specified by the director, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.
(2) An application shall be accompanied by any fee established by the city council.
(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.
(C) Public Hearings.
(1) When a public hearing is required for an application, upon acceptance of the application as complete and following completion of any environmental review, a public hearing shall be set before the community development director.
(2) Notice of the public hearing shall be given in the manner specified in this chapter.
(3) A public hearing shall be held before the director at the time and place specified by the public notice. The director may establish rules for the conduct of such hearings. Any hearing may be continued provided that prior to adjournment or recess, the director shall announce the time and place to which the hearing will be continued.
(D) Decision.
(1) The director shall comply with the time limits stipulated in California Government Code Section 65950 when making a decision on an application.
(2) When a public hearing is required for an application, the director shall approve, conditionally approve, or deny an application following the close of the public hearing, or within ten days thereafter. When a public hearing is not required, the director shall take such action within ten days of finding the application complete for processing. In both cases, such decision shall include any findings required by this title.
(3) Written notice of the director's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.
(4) The director's decision, including any conditions of approval, is final on expiration of ten calendar days following the decision unless a notice of appeal is filed with the director with such time. The date of the decision shall not be counted in determining the final date for filing an appeal. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday.
(5) Conditions of approval may be deleted or modified through a minor or major modification (Chapter 19.45), depending on the extent of the proposed change.
(E) Appeal Procedures.
(1) Any decision of the community development director made pursuant to this chapter may be appealed to the planning commission by the applicant or any other person aggrieved by the director's decision. Such appeal may be made by filing a written notice of appeal with the director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.
(2) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.
(3) The commission may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed.
(F) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.
19.40.030 Planning commission approvals.
(A) Authority. The following may be approved by the planning commission, as specified elsewhere in this title:
(1) Conditional use permits, pursuant to Chapter 19.42;
(2) Variances, pursuant to Chapter 19.43;
(3) Sign permits and programs, pursuant to Chapter 19.23;
(4) Planned community development permits, pursuant to Chapter 19.16;
(5) Major modifications of previous planning commission approvals, pursuant to Chapter 19.45;
(6) Applications and entitlements normally subject to community development director approval when filed in conjunction with any of the applications listed above;
(7) Applications referred to the commission by the community development director because of unique circumstances, potential public controversy, or a need for policy direction.
(B) Application.
(1) An application subject to the approval of the planning commission shall be submitted to the community development department on forms specified by the commission, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.
(2) An application shall be accompanied by any fee established by the city council.
(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.
(C) Public Hearings.
(1) Upon acceptance of an application as complete and following completion of any environmental review, a public hearing shall be set before the commission.
(2) Notice of the public hearing shall be given in the manner specified in this chapter.
(3) A public hearing shall be held before the commission at the time and place specified by the public notice. The commission may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.
(D) Decision.
(1) The commission shall comply with the time limits stipulated in California Government Code Section 65950 when making a decision on an application.
(2) The commission shall approve, conditionally approve, or deny an application following the close of the public hearing on an application, or within thirty days thereafter, by resolution. Such resolution shall include any findings required by this title.
(3) Written notice of the commission's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.
(4) The commission's decision, including any conditions of approval, is final on expiration of ten calendar days following the decision unless a notice of appeal is filed with the community development director within such time. The date of the decision shall not be counted in determining the final date for filing an appeal. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday.
(5) Requests to delete or modify a condition of approval, or to modify a project may be considered following the expiration of the appeal period at a properly-noticed public hearing before the commission.
(E) Appeal Procedures.
(1) Any decision of the planning commission made pursuant to this chapter may be appealed to the city council by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.
(2) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.
(3) The city council may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.
(F) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.
19.40.040 City council approvals.
(A) Authority. The following entitlements may be approved by the city council, as specified elsewhere in this title:
(1) Zoning map and ordinance text amendments, pursuant to Chapter 19.48;
(2) Planned community conceptual master plans, pursuant to Chapter 19.16;
(3) Specific plans, pursuant to Chapter 19.17;
(4) Development agreements;
(5) Entitlements otherwise subject to community development director or planning commission approval when filed in conjunction with any of the applications listed above.
(B) Applications.
(1) An application for an entitlement subject to the approval of the city council shall be submitted to the community development department on forms specified by the council, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.
(2) An application shall be accompanied by any fee established by the council.
(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.
(C) Planning Commission Review.
(1) Upon acceptance of an application subject to city council approval as complete and following completion of any environmental review, the application shall be referred to the planning commission for review and recommendations. The commission shall hold a public hearing on the matter in accordance with Section 19.40.030, and shall transmit to the council a written recommendation for approval, conditional approval or denial, including reasons for the recommendation.
(2) Should the commission fail to act upon the referral within a reasonable time, the council may, by written notice, require the commission to render its report within forty days after the reference or such longer period as may be designated by the council. Upon receipt of the written notice, the commission, if it has not done so, shall conduct a public hearing. Failure to so report to the council within the stipulated time period shall be deemed to be a recommendation for approval of the application.
(D) Public Hearings.
(1) Upon receipt of the recommendation of the planning commission, the city clerk shall set the application for a public hearing before the council. However, if the commission has recommended against approval of a referred application, the city council need not take further action unless an interested party files a request for a hearing with the city clerk within five days after the planning commission files its recommendation with the city council.
(2) Notice of the public hearing shall be given in the manner specified in this chapter.
(3) A public hearing shall be held before the council at the time and place specified by the public notice. The council may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.
(E) Decision.
(1) The council may approve, modify, or disapprove the recommendation of the planning commission on an application, by resolution, following the close of the public hearing, or within thirty days thereafter. Such resolution shall include any findings required by this title.
(2) Any modification of the application by the council not previously considered by the commission during its hearing, shall first be referred to the commission for a report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.
(3) Written notice of the council's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.
(4) The council's decision, including any conditions of approval, is final on adoption of an order or resolution containing its determination.
(5) Subsequent requests to delete or modify a condition of approval, or modify a project may be considered at a properly-noticed public hearing before the council.
19.40.050 Notice of public hearing.
When a public hearing is required by this chapter, notice of the hearing shall be given in the manner specified in this section.
(A) Contents of Notice. A required public hearing notice shall contain at least the date, time, and place of the hearing; the identity of the hearing body, and the nature and location of the application in sufficient detail for a member of the public to be able to understand the nature, intent and scale of the project or request.
(B) Method of Noticing. At least ten calendar days before the date of any public hearing, required notice shall be given through all of the following actions:
(1) Publishing such notice once in a newspaper of general circulation within the city, or if none, in a newspaper of general circulation within the county of Napa; and
(2) Mailing or delivering notice, postage prepaid, to all of the following:
(a) The property owner,
(b) The applicant,
(c) The owners of all property within five hundred (500) feet of the exterior boundaries of the property which is the subject of the application,
(d) Any person who has filed a written request for such notice;
(3) For the purposes of this mailed or delivered notice, the last known names and addresses of property owners on the last county assessment roll shall be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.
19.40.060 Permit revocation and modification.
Any entitlement granted pursuant to this chapter may be modified or revoked by the official or decision-making body that originally granted the entitlement through the same procedures under which the entitlement was granted, for any of the following causes:
(A) Any term or condition of the entitlement has not been complied with.
(B) The property or portion thereof subject to the entitlement is used or maintained in violation of a statute, ordinance, law, or regulation.
(C) The use for which the entitlement was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.
19.40.070 Indemnification as condition of discretionary land use and development permits and approvals.
Except where otherwise expressly prohibited by state or federal law, an applicant for any discretionary land use or development permit, license, authorization, entitlement, or other approval from the city of American Canyon or any of the city of American Canyon elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, and agents shall as a prerequisite for the approval agree to defend, indemnify, and hold harmless the city of American Canyon, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers and agents from and against all claims, actions, including actions to arbitrate or mediate, damages, losses, judgments, liabilities, expenses and other costs, or proceedings against the city, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, or agents to attack, modify, set aside, void, or annul an approval, conditional approval, permit, entitlement, environmental document, environmental clearance, mitigation plan, or any other document or any of the proceedings, acts, or determinations taken, done, or made prior to granting of such approval, conditional approval, permit, entitlement, environmental clearance, environmental document, mitigation plan, or other document, by the city, including, without limitation, an action against an advisory agency, appeal board, or legislative body within the applicable limitation period.
Notwithstanding the foregoing, the city has the right to participate in the defense of any claim, action, or proceeding provided the city bears its own costs and attorneys' fees directly associated with such participation and defends the action in good faith. The applicant will not be required to pay or perform any settlement unless the applicant agrees to the settlement.
19.40.080 Scope of indemnification requirement.
(A) The obligation to defend, indemnify and hold the city harmless shall include the payment of all costs in connection with the defense of any claim, action, or proceeding challenging the entire or a portion of an approval, conditional approval, permit, entitlement or any other document of any related claim. Such defense costs include legal costs, attorneys' fees (including a third party award of attorneys' fees), and fees of persons and consultants retained by the city, arising out of, resulting from, or in connection with the city's act or acts leading up to and including approval of any environmental document, environmental clearance, or mitigation plan granting approvals to the applicant, incurred on behalf of, or by, the city, its elected officials, officers, employees, representatives, attorneys, boards, commissions, volunteers and agents.
(B) The obligation to defend, indemnify, and hold the city harmless shall include, but not be limited to, the cost of preparation of any administrative record by the city, staff time, copying costs, court costs, or attorneys' fees arising out of a suit or challenge contesting the adequacy of a permit, approval, conditional approval, entitlement, environmental document, mitigation plan, environmental clearance, or any other document or approval related to the applicant's project.
The city will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. If the city fails to promptly notify the applicant of any claim, action, or proceeding, or the city fails to cooperate fully in the defense, the applicant shall not be responsible to defend, indemnify, or hold harmless the city.
(C) In the event a legal challenge to a city permit, approval, conditional approval, environmental document, environmental clearance, mitigation plan, entitlement or any other document, proceeding, determination, or action related to the applicant's project is successful, and an award of attorneys' fees is granted against the city, the applicant shall be responsible to timely pay the full amount of such an award.
Chapter 19.41 DESIGN PERMITS
19.41.010 Purpose
The purpose of this chapter is to ensure excellence in site planning and architectural design, consistent with the general plan, and applicable local, regional, and state development policies, and municipal code standards.
19.41.020 Applicability
Design permit approval by the community development director, planning commission, or city council is required for the following:
(A) New structures, except single-family detached dwellings and their attendant accessory structures constructed on a parcel of land. However, when a builder constructs three or more single-family dwellings in a single subdivision in one year, or on a single block in one year if the lots are not located within a subdivision, the dwelling units shall be subject to approval of a design permit.
(B) Proposed outdoor land use(s).
(C) Alterations of land in commercial or industrial districts, and/or of sites of more than one acre in residential districts that have no prior documented approvals.
19.41.030 Design permit approval
Except as provided in this chapter, no building or structure may be erected, and no proposed outdoor land use may permitted until a design permit application has been approved by the community development director, planning commission, or city council as required below. Such review and approval may take place concurrently with the review of any other required approvals.
(A) Community Development Department Director Approvals. The community development director may approve the following design permit applications. No public hearing shall be required unless the design permit is being processed concurrently with other applications for which a hearing is required. In this case, the design permit shall be considered at the same public hearing.
(1) Two-family dwellings and appurtenant accessory structures.
(2) Multifamily projects containing fewer than five units.
(3) Commercial structures containing less than five thousand square feet total, industrial structures containing less than twenty thousand square feet total.
(4) Proposed outdoor land use(s).
(B) Planning Commission Approvals. The planning commission may approve the following design permit applications following a public hearing pursuant to the procedures set forth in Chapter 19.40:
(1) Multifamily dwelling projects containing five or more units.
(2) The construction in one year by a single builder of three or more single-family dwellings in a single subdivision, or on a single block if the lots are not located within a subdivision, except such construction in the PC zone district.
(3) Commercial structures containing five thousand total square feet or more and industrial structures containing twenty thousand square feet or more.
(4) Sign programs requiring commission approval, pursuant to Chapter 19.23.
(5) Small-cell antenna facilities that do not comply with standards described in Chapter 19.53.
(6) Design permit applications referred to the commission by the director because of unique circumstances, potential public controversy, or a need for policy direction.
(C) City Council Approvals. The City Council may approve a design permit following a recommendation by the Planning Commission when the California Environmental Quality Act (CEQA) environmental review requires a statement of overriding considerations pursuant to Section 19.01.060(C).
19.41.040 Scope of design permit review
The following areas of design shall be considered in reviewing design permits:
(A) Site Planning.
(1) Setbacks, site coverage, building heights, and outdoor use areas,
(2) Parking, and vehicular and pedestrian circulation,
(3) Preservation of natural site amenities,
(4) Required landscaping, outdoor lighting, and outdoor furniture,
(5) Usability of required public and private open spaces.
(B) Structural Design.
(1) Compliance with required scale, mass, bulk, and proportions,
(2) Compliance with required building materials and detailing for all structures,
(3) Screening of utility, mechanical facilities, and outdoor storage,
(4) Compliance with required fence and wall design,
(5) Compliance with required architectural elements that contribute to visual interest and variety, including variation to wall planes, multiple roof lines and defined entries.
19.41.050 Required findings
Approval of a design permit application may be granted by the appropriate decision-making authority only if all the following findings are made:
(A) The project complies with all applicable provisions of this title and any applicable approvals granted for the project by any decision-making authority.
(B) The project and its design complies with any applicable design guidelines.
(C) The project and its design complies with all applicable general plan policies, and applicable local, regional, and state development policies, and municipal code standards.
(D) The project complies with applicable policies of the Napa County Airport land use compatibility plan.
(E) The proposed design provides for adequate and safe on-site vehicular and pedestrian circulation.
19.41.060 Expiration of approval
(A) If the project for which a design permit has been approved pursuant to this chapter has not been inaugurated within two years of the granting of the design permit, the approval shall become null and void and of no effect. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated period.
(B) An extension of time may be granted by the community development director upon the written request by a responsible party before the expiration of the two-year period, provided that:
(1) There have been no changes in the approved plans; and
(2) There has been no change of circumstances which would prevent any of the required findings of approval from being made.
Chapter 19.42 CONDITIONAL USE PERMITS
19.42.010 Purpose.
The purpose of this chapter is to establish procedures and general standards for the review and approval of conditional use permits and minor conditional use permits (referred to as "minor use permits" in this chapter and elsewhere in this title) required by various sections of this title, including uses listed in the zoning district chapters as a use permitted subject to the securing of a conditional use permit, or minor use permit.
19.42.020 Review and approval procedures.
(A) Application.
(1) Applications for conditional use permits and minor use permits shall be filed with the community development department. Submittals shall include a completed application form, along with related information and filing fees established by the city.
(2) If other approvals are necessary, an application for a conditional use permit or minor use permit may be filed and processed concurrently with the related entitlement request(s), and shall be acted upon simultaneously by the planning commission.
(3) Following the denial or revocation of a conditional use permit or minor use permit application, no application for such permit for the same or substantially the same use and design, or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.
(B) Approval Authority.
(1) The community development director may approve minor use permits for those uses designated "M" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.020, Community development director approvals.
(2) The planning commission may approve conditional use permits for those uses designated "C" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.030, Planning commission approvals.
(C) Terms and Conditions. Any minor use permit or conditional use permit may include such terms and conditions deemed appropriate or necessary by the decision-making authority to make the findings required by subsection D of this section. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period, unless the use is abandoned.
(D) Required Findings. The planning commission may approve or conditionally approve an application for a conditional use permit or minor use permit if it makes all of the following findings:
(1) The proposed use is consistent with the policies and programs of the general plan and any applicable master or specific plan.
(2) The proposed use is consistent with the purpose(s) and standards of the applicable zoning district(s).
(3) The proposed use complies with applicable policies of the Napa County Airport land use compatibility plan.
(4) The project site is physically suitable for the type and intensity of land use being proposed.
(5) The proposed use will not be a nuisance or materially detrimental to the general health, safety, and welfare of the public or to property and residents in the vicinity.
(6) The site for the proposed use has adequate access, and meets parking and circulation standards and criteria.
(7) There are adequate provisions for water and sanitary services, and other public utilities to ensure that the proposed use would not be detrimental to public health and safety.
(E) Required Findings—Homeless Shelters. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings of fact in approving a conditional use permit for a homeless shelter:
(1) The applicant has demonstrated that the type and size of homeless shelter proposed directly fulfills the needs of city residents.
(2) Approval of the permit will not result in an over concentration of homeless shelters in the vicinity.
(3) The land uses and development in the immediate vicinity of the project will not constitute an immediate or potential hazard to occupants of the shelter.
(4) The shelter will have ready access to public transportation and planned or existing support services.
(F) Required Findings—Accessory Dwelling Units. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings in approving a conditional use permit for accessory dwelling units:
(1) Access separate from the on-site commercial use(s) is provided for the accessory dwelling unit(s).
(2) Noise levels within the accessory dwelling unit(s) will not exceed any adopted noise standards.
(3) The accessory dwelling unit(s) will be protected from any obnoxious odors generated on-site or in the immediate vicinity.
19.42.030 Expiration of approval.
(A) Expiration of Approval. If the use for which a conditional use permit has been approved pursuant to this chapter has not been initiated within one year of the granting of the use permit, the use permit shall become null and void and of no effect.
(B) Time Extensions.
(1) An extension of time for initiation of the approved use may be granted by the community development director upon the written request by a responsible party before the expiration of the one-year period, provided that:
(a) There have been no changes in the approved plans; and
(b) There has been no change of circumstances which would prevent any of the required findings of approval to be made.
(2) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.
(3) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.
19.42.040 Revocation and modification.
(A) The planning commission may periodically review any use permit to ensure that it is being operated in a manner consistent with conditions of approval and/or in a manner that is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing before the appropriate decision-making body shall be set for modification or revocation.
(B) Any conditional use permit issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40 of this title, following a public hearing held in accordance with Chapter 19.40.
(C) Minor and major modifications to approved conditional use permits may be approved in accordance with Chapter 19.45 of this title.
19.42.050 Existing conditional uses.
A conditional use established prior to enactment of this title may continue, provided it is operated and maintained in accordance with any conditions prescribed in the conditional use permit.
Chapter 19.43 VARIANCES
19.43.010 Purpose.
Variances may be granted in order to prevent or to lessen practical difficulties and unnecessary physical hardships that would result from strict or literal interpretation and enforcement of certain regulations of this title. A practical difficulty or unnecessary physical hardship may result from the unique size, shape, or dimensions of a site or the location of existing structures thereon; from singular geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.
19.43.020 Allowable variances.
(A) Variances may be granted to site development regulations and standards prescribed by this title, such as lot area, width, depth, and coverage; front, rear, and side yards; floor area ratio; height of structures; distances between structures; signs; and off-street parking and loading facilities.
(B) The power to grant variances does not extend to allowing variations to the use regulations contained in Chapter 19.05, Use Classifications and Section 19.05.020, Permitted and conditionally permitted uses.
19.43.030 Review and approval procedures.
(A) Application. An application for a variance shall be filed with the community development department on forms prescribed by the planning commission, along with any plans, maps, or additional information required by the community development director. The application shall include, in part, evidence supporting the findings required by subsection (C) of this section.
(B) Review and Approval Authority. A variance application shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with Chapter 19.40, Review and Approval Procedures.
(C) Required Findings. The planning commission may approve or conditionally approve a variance application if it makes all of the following findings:
(1) Special circumstances exist applicable to the subject property, including size, shape, topography, location, existing improvements, or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district(s).
(2) Granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district(s) in which such property is located.
(3) Granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.
(4) Granting of the variance does not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
(5) Granting of the variance will not result in an inconsistency with the general plan, including policies related to airport compatibility.
(D) Terms and Conditions. Any variance approval may include such terms and conditions as deemed necessary or appropriate by the planning commission to affect the purposes of this title. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.
19.43.040 Expiration of approval.
(A) One-Year Expiration. If the project for which a variance has been approved pursuant to this chapter has not been inaugurated within one year of the granting of the variance, the variance shall become null and void and of no effect. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
(B) Extensions. An extension of time for project inauguration may be granted by the community development director upon the written request by a responsible party before the expiration of the one-year period, provided that:
(1) There have been no changes in the approved plans; and
(2) There has been no change of circumstances which would prevent any of the required findings of approval to be made.
(3) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.
(4) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.
19.43.050 Variance revocation and modification.
Any variance issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40, Review and Approval Procedures.
Chapter 19.44 MINOR VARIATIONS
19.44.010 Purpose and intent.
(A) The purpose of this chapter is to provide limited relief from the strict application of development standards specified in this title where the granting of a minor variation would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety, or welfare or to property or residents in the area.
(B) It is the intent of the city to limit the use of minor variations to new and expanded commercial and industrial development and to additions to residential structures on lots created prior to the effective date of the city's incorporation, January 1, 1992.
19.44.020 Applicability.
(A) A minor variation to the following standards may be approved:
(1) Off-street parking and loading requirements in commercial and industrial districts: ten percent maximum waiver of the number of parking spaces required or the amount of landscaped parking area required by Chapter 19.21, Parking and Loading Standards;
(2) On an existing residential lot created prior to the effective date of the incorporation of the city, January 1, 1992, a ten percent maximum waiver to setback, lot coverage, separation between buildings, and building height requirements may be granted for additions to existing structures;
(3) In commercial and industrial districts, a ten percent maximum waiver to setback, lot coverage, separation between buildings, lot dimension, and building height requirements may be granted only in conjunction with the approval of a design permit or use permit approved by the planning commission or city council;
(4) Sign area and height: ten percent deviation from the standards set forth in Chapter 19.23, Sign Regulations.
(B) Any minor variation request that exceeds the prescribed limitation set forth in this chapter shall require the filing of a variance application, pursuant to Chapter 19.43.
19.44.030 Review and approval procedures.
(A) Application. An application for a minor variation shall be filed with the community development department on forms prescribed by the director, along with any plans, maps, or additional information required by the director. The application shall include, in part, evidence supporting the findings required by this chapter.
(B) Review and Approval Authority.
(1) A minor variation application shall be reviewed and approved, conditionally approved, or denied by the community development director in accordance with Chapter 19.40, Review and Approval Procedures, if no other entitlements are required.
(2) If other approvals are necessary, the minor variation shall be filed concurrently with the related entitlement(s) requests, and shall be acted upon by the appropriate decision-making authority for the related entitlement(s).
(C) Required Findings. The community development director, planning commission, and city council may approve or conditionally approve a minor variation application if the following findings are made:
(1) The granting of the minor variation will not be materially detrimental to the public health, safety, or welfare, or to property or residents in the vicinity.
(2) The granting of the minor variation will not result in any inconsistencies with the general plan.
(3) The minor variation does not exceed the maximum waiver permitted by this chapter, or allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
(4) Either of the following:
(a) The minor variation will promote uniformity in development on the lot or in the area.
(b) The minor variation will alleviate an unreasonable hardship on the property owner or applicant that would result from strict application of the requirements of this title.
(D) Terms and Conditions. Any minor variation approval may include such terms and conditions as deemed necessary or appropriate by the community development director, planning commission, and city council to affect the purposes of this title. If no additional terms or conditions are specified, the minor variation shall be considered unconditional and valid for an indefinite period.
19.44.040 Terms and conditions.
(A) One-Year Expiration. If the project for which a minor variation has been approved pursuant to this chapter has not been inaugurated within one year of the granting of the minor variation, the minor variation shall become null and void and of no effect. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
(B) Time Extensions. An extension of time for project inauguration may be granted by the community development director upon written request by a responsible party before the expiration of the one-year period, provided that:
(1) There have been no changes in the approved plans; and
(2) There has been no change of circumstances, which would prevent any of the required findings of approval to be made.
(3) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.
(4) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.
19.44.050 Revocation and modification.
Any minor variation issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40, Review and Approval Procedures.
Chapter 19.45 MINOR AND MAJOR MODIFICATIONS
19.45.010 Purpose.
The purpose of this chapter is to provide for minor and major modifications to previously-approved plans or permits, based on the degree of change from a previously-approved plan or permit.
19.45.020 Definitions.
(A) A minor modification is defined as a nonsubstantive change of a previously-approved plan or permit. Examples of changes typically considered minor in nature include:
(1) To allow the minor reconfiguration of an architectural feature or features that individually or cumulatively do not modify the previously-approved design theme or plan for the project;
(2) To allow minor changes to approved building footprints within the buildable area of a project site;
(3) To allow the minor reconfiguration or striping of parking lots that will not decrease the number of parking spaces for an approved project;
(4) To allow minor changes in building materials and colors for an approved project;
(5) To allow the addition of minor structures or structural additions to an approved project, provided that such structures will not increase the total buildable area by more than five percent;
(6) To allow the fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions, provided that the intent and purpose of such original condition is fully met;
(7) To allow minor changes to conditions of approval;
(8) Other requests similar to the above-listed minor modifications, as determined by the community development director.
(B) A major modification is defined as a significant revision of a previously-approved plan or permit. Examples include:
(1) An increase in the number of dwelling units proposed in a residential subdivision or development;
(2) A greater than five percent increase in the square footage of an approved structure or use;
(3) A change to the overall architectural design concept of an approved building;
(4) A significant reduction in site landscaping or open space shown on an approved development plan;
(5) A significant reconfiguration of roadway or parking lot design;
(6) A significant increase in grading and earth moving activities;
(7) Significant changes to or deletions of conditions of approval;
(8) Other similar changes of a substantive nature as determined by the community development director.
19.45.030 Review and approval procedures.
(A) Application. An application for a minor or major modification shall be filed with the community development department on forms prescribed by the director, along with any plans, maps or additional information required by the director. The application shall include, in part, a narrative description of the proposed change(s) and an explanation of why the change(s) is/are sought.
(B) Review and Approval Authority.
(1) A minor modification application shall be reviewed and approved, conditionally approved, or denied by the community development director in accordance with Chapter 19.40, Review and Approval Procedures.
(2) A major modification application shall be reviewed and approved, conditionally approved, or denied by the original decision making authority in accordance with Chapter 19.40.
(C) Terms and Conditions. Any minor or major modification approval may include such terms and conditions as deemed necessary or appropriate by the director or commission to affect the purposes of this title. If no additional terms or conditions are specified, the minor or major modification shall be considered unconditional and valid for an indefinite period.
(D) Required Findings. The director or commission may approve or conditionally approve a modification application if all of the following findings are made:
(1) The modification is in substantial conformity with the previously approved plan or permit, or if the change is substantive, that the revised project is equivalent to the original project design concept in terms of consistency with city design and development standards and policies.
(2) The modification will not create impacts substantially different from those of the previously approved project.
(3) The granting of the modification will not be materially detrimental to the public health, safety, or welfare, or to property or residents in the vicinity.
(4) The proposed modification is consistent with the policies and exhibits contained in the general plan.
19.45.040 Revocation and modification.
Any modification issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40.
Chapter 19.46 ZONING CLEARANCES AND CERTIFICATES OF OCCUPANCY
19.46.010 Purpose.
The purpose of this chapter is to ensure that all new uses and structures and changes or alterations in uses or structures comply with the requirements of this title prior to any building construction, initiation of use, or building occupation.
19.46.020 Applicability.
No parcel of land shall be occupied or used and no building hereafter erected or altered shall be occupied or used until a zoning clearance or a certificate of occupancy, as applicable, have been issued by the community development, building official or other appropriate city official.
19.46.030 Review and approval procedures.
(A) Zoning Clearances.
(1) Prior to the issuance of a business license or building permit for any establishment of use or construction of a building or structure, a zoning clearance shall be issued by the planning director, certifying that the business license or building permit complies with all provisions of this title and any discretionary approvals, and with the Napa County Airport compatibility plan policies and regulations where applicable.
(2) Prior to the issuance of a zoning clearance, the applicant shall provide evidence to the director of approval from any appropriate agencies and city departments.
(B) Certificates of Occupancy. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all of the provisions of the municipal code and all other building codes applicable to occupancies within the city. A record of all certificates shall be kept on file at the city offices and copies shall be furnished on request to any person having a proprietary or tenancy interest in the affected building or land.
(1) Building Certificates of Occupancy. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for concurrently with the application for a final inspection permit. The certificate shall be issued after final inspection has been completed and it has been determined that construction conforms to the municipal code's building regulations, as well as to the provisions of this title.
(2) Use Certificates of Occupancy. A certificate of occupancy for a change in the use of a building or structure shall be applied for concurrently with an application for a business license before any such new use commences. The certificate shall be issued within ten days after the application has been made, provided that such use is in conformity with the provisions of this title and with the Napa County Airport compatibility plan policies and regulations where applicable.
Chapter 19.47 DEVELOPMENT AGREEMENTS
19.47.010 Purpose.
The purpose of this chapter is to provide procedures for the processing and review of applications for development agreements by the city.
19.47.020 Qualifications and standards for filing application for development agreement.
(A) Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement, or an authorized agent of a person who has legal or equitable interest. The community development director may require an applicant to submit a title report or other evidence satisfactory to the community development director to verify the applicant's interest in the real property and the authority of the agent to act for the applicant.
(B) Applications from qualified applicants for development agreements for property in unincorporated areas within the city's sphere of influence will be processed as provided in this section. However, the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void.
(C) An application for a development agreement may be filed concurrently with other application(s) having a direct relationship to the property which is the subject of the proposed agreement.
19.47.030 Application procedure.
(A) An application for a development agreement shall be made in the form of a written request submitted to the community development department. The community development department shall provide an application form for this purpose.
(B) A draft of the proposed development agreement may be submitted along with the application. The agreement shall be in a form acceptable to the city attorney and shall contain all information required under Section 65865.2 of the Government Code. If deemed appropriate by the city, or if agreed upon prior to submittal, the city attorney may draft the initial agreement for review by the parties thereto.
(C) The application shall be accompanied by an application fee in the amount (if any) established by a resolution adopted by the city council.
(D) Any legal fees incurred by the city in drafting or reviewing a development agreement shall be paid by the applicant prior to its becoming effective.
(E) The community development director, city manager, and/or city attorney may require additional information to supplement the application, if deemed necessary to conduct the environmental analysis required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and/or to enable the planning commission and city council to determine whether the development agreement is consistent with the objectives of the city's general plan and any applicable specific or community area plan, the effect of the proposed agreement on capital facilities, and/or whether the proposed agreement otherwise meets the city's standards for approval.
19.47.040 Contents of development agreements.
(A) A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
(B) The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
19.47.050 Rules, ordinances, regulations and official policies of city applicable to property subject to development agreement.
Unless otherwise provided by the development agreement, the rules, ordinances, regulations, and official policies of the city applicable to the development of property subject to a development agreement shall be those rules, ordinances, regulations and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new rules, ordinances, regulations, and policies which do not conflict with those applicable to the property as set forth in the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, ordinances, regulations, and policies.
19.47.060 Action by the planning commission.
(A) The planning commission shall hold at least one public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in Sections 65090 and 65091 of the Government Code. The hearing may be continued from time to time.
(B) Following the close of the public hearing, the planning commission shall determine whether the proposed development agreement is consistent with the required findings for approval as contained in Section 19.47.080, and shall recommend to the city council that the application for a development agreement be either approved, approved as amended, or denied.
19.47.070 Action by the city council.
(A) Upon receiving a recommendation from the planning commission on a proposed development agreement, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Sections 65090 and 65091 of the Government Code. The hearing may be continued from time to time.
(B) Following the closing of a public hearing, the council shall determine if the development agreement is consistent with the findings contained within Section 19.47.080 of this chapter. If determined to be consistent, the city council shall make such findings and introduce an ordinance adopting the development agreement. Such ordinance shall become effective thirty days after its adoption.
19.47.080 Required findings for approval.
Before taking action to approve or recommend approval of a development agreement, the city council or planning commission shall find as follows:
(A) The proposal for which the development agreement is requested conforms with the maps and policies of the general plan and any applicable specific, community, or area plans.
(B) The proposal for which the development agreement is requested complies with the requirements of California Government Code Sections 65865 through 65869.5, and any other applicable state law.
(C) The proposal for which the development agreement is requested is consistent with the zoning ordinance and all applicable codes and ordinances.
(D) The proposal for which the development agreement is requested will not be detrimental to or cause adverse effects on adjacent property owners, residents, or the general public.
(E) The proposal for which the development agreement is requested provides clear and substantial benefit to the residents of the city.
19.47.090 Recordation of development agreement.
No later than ten days after entering into a development agreement, the city clerk shall record with the Napa County recorder a copy of the agreement.
19.47.100 Ongoing review/termination of development agreement.
The city shall periodically review, at least every twelve months, all approved development agreements to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement as established under Section 65865.1 of the Government Code. If, as a result of periodic review, the city finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the city may initiate proceedings to terminate or nullify the agreement.
19.47.110 Amendments to approved development agreements.
(A) Any proposed amendments to previously approved development agreements shall be reviewed pursuant to the procedures outlined in this chapter for a new application.
(B) All amendments to development agreements must be in writing, and approved by both the city and the applicant or successor in the interest thereto.
19.47.120 Effect of new state or federal laws or regulations on development agreements.
In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as necessary to comply with such state or federal laws or regulations.
Chapter 19.48 ZONING MAP AND ORDINANCE TEXT AMENDMENTS
19.48.010 Purpose.
The purpose of this chapter is to provide for the amendment of this title and the official zoning map.
19.48.020 Initiation by planning commission or city council.
The planning commission or city council may, at any time and in any form deemed appropriate by either body, initiate an amendment to any portion of this title. An amendment may be any of the following types:
(A) An amendment to the text of this title not changing regulations or standards affecting the use of any property;
(B) An amendment to the text of this title changing regulations or standards affecting the use of property;
(C) Amendment to the official zoning map reclassifying property from one district to another, including applying an overlay district to, or removing an overlay district from property.
19.48.030 Initiation by interested person(s).
A property owner may initiate an amendment to the official zoning map to reclassify their property from one zoning district to another, or to establish an overlay district by filing an application with the community development department on forms prescribed by the city council, along with any plans, maps or additional information required by the community development director.
19.48.040 Review and approval procedures.
(A) Approval Authority. An application for a zoning map or ordinance text amendment shall be reviewed, and approved or denied by the city council in accordance with Chapter 19.40, Review and Approval Procedures.
(B) Planning Commission Review. An application for a zoning map or ordinance text amendment shall be referred to the planning commission for review and recommendations in accordance with Chapter 19.40.
(C) Required Findings. The city council may approve an application for a zoning map or ordinance text amendment only if it finds all of the following:
(1) The amendment is consistent with the goals and policies of the general plan.
(2) The amendment is consistent with the purposes of this title, as set forth in Chapter 19.01, Authority, Purposes and Effects of the Zoning Ordinance.
Chapter 19.49 NONCONFORMING USES, STRUCTURES AND LOTS
19.49.010 Purpose and intent.
(A) The purpose of this chapter is to regulate buildings and uses which do not conform to one or more provisions of this title, but were lawfully established and in compliance with all applicable ordinances and laws at the time this title and any amendment thereto was adopted.
(B) This chapter is intended to prevent the expansion of nonconforming buildings and uses and establish the circumstances under which they may be altered, repaired or changed.
(C) Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming buildings and uses. Such uses shall be removed immediately upon notification by the community development director.
19.49.020 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
"Appraised valuation" means either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally-recognized property appraiser.
"Cost" of renovation or repair or replacement means the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement. Renovation, repair, or replacement costs shall be determined by the building official, whose decision may be appealed to the city council. The "cost" of such renovation of repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of this chapter by doing such work incrementally.
"Nonconforming lots" means a lot, the area dimensions, or location of which was lawful prior to the effective date of this title, or any amendment thereto, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district in which it is located.
"Nonconforming structure" means any structure that was lawfully established and in compliance with the applicable ordinances and laws at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all the applicable regulations and standards of development in the zoning district in which it is located.
"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title or any amendment thereto is a use not listed as permitted, accessory, or subject to permit in the zoning district in which it is located. "Nonconforming use" shall also include uses reclassified from permitted to subject to permit in the same district, and uses made nonconforming by the addition of a development standard previously not required for such use in the same zoning classification, where such added standard is specified to be a "condition of use."
19.49.030 Limitations to nonconforming structures.
The following limitations shall apply to nonconforming structures:
(A) A nonconforming structure shall not be moved, altered, enlarged, or reconstructed so as to increase the discrepancy between existing conditions and the development standards specified for the zoning district in which the structure is located, except that where a dwelling unit has a nonconforming side yard or rear yard setback, the nonconformity may be extended along the length of the nonconforming façade.
(B) A nonconforming structure which is damaged to the extent that the cost of repair or replacement would exceed fifty percent of the appraised value of the damaged structure may be restored only if made to conform to all provisions of this title.
(C) Repairs and changes to interior partitions or other nonstructural improvements may be made to a nonconforming structure; however, the cost of such repairs and changes shall not exceed fifty percent of the appraised value of the structure to be renovated.
(D) Subject to the valuation limit in subsection (C) of this section, structural elements may be modified where the building official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property.
(E) If the use of a nonconforming structure is discontinued for a period of twelve months or more, the structure shall lose its nonconforming status and shall thereafter be removed or altered to conform to the provisions of this title. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subsection, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for twelve months shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continually maintained.
19.49.040 Limitations to nonconforming uses.
The following limitations shall apply to nonconforming uses:
(A) A nonconforming use may be continued, provided that a nonconforming use which ceases for a continuous period of one hundred eighty days, or a nonconforming seasonal use which ceases operation for one season, shall lose its nonconforming status, and the premises on which the nonconforming use was located shall from then on be used for conforming uses only.
(B) Change of ownership, tenancy, or management of nonconforming use shall not affect its legal nonconforming status.
(C) A nonconforming use shall not be enlarged or extended to occupy any part of a structure or site which it did not occupy on the effective date of this title or of any amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.
(D) A nonconforming use shall not be intensified. For example, it may not be modified so as to directly increase the number of employees or patrons, or to extend hours of operation.
(E) A lot or portion thereof occupied by a nonconforming use may be further developed by the addition of conforming uses and structures.
(F) No structure, the use of which is nonconforming, shall be moved or altered unless required by law, or unless the moving or alteration will result in the elimination of the nonconformity.
(G) A conditional use permit shall be required for the reconstruction of a structure housing a nonconforming conditional use established prior to enactment of this title if the structure is destroyed to an extent greater than fifty percent.
(H) No use of land or structure existing at the time of adoption of this title shall be deemed to be nonconforming solely because of a failure to meet the requirements of Chapter 19.21, Parking and Loading.
19.49.050 Use of nonconforming lots.
Any lot, the area, dimensions or location of which was lawful on the effective date of the ordinance codified in this title or any amendment thereto, but which fails by reason of such adoption or amendment to conform to the requirements of the applicable zoning district, shall be considered buildable for the purposes of this title.
19.49.060 Certificates of nonconformity.
Certificates of occupancy for nonconforming uses existing on the effective date of the ordinance codified in this title may be issued by the community development director. The certificate shall state that the use is in nonconforming use and does not conform with the provisions of this title, but is operating legally, consistent with nonconforming provisions of this chapter.
19.49.070 Nonconforming signs.
Refer to Chapter 19.23, Sign Regulations, for provisions regarding nonconforming signs.
19.49.080 Public utility exceptions.
Nothing contained in this chapter shall be construed or implied so as to require the removal of public utility buildings, structures, equipment, or facilities provided that there is no change of use and no enlargement of the land area devoted to such use.
19.49.090 Regulation of fossil fuel service station uses and structures.
(A) Purpose.
(1) Accommodate continued fossil fuel service station operation as a legal nonconforming use and describe when they may be deemed abandoned.
(2) Allow alterations to fossil fuel service station when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero emission vehicles, or enable other uses permitted within the respective zoning district.
(3) Prohibit fossil fuel service station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.
(B) Applicability. This section applies to:
(1) All lawfully developed and operating fossil fuel service station uses in existence prior to March 3, 2022.
(2) All fossil fuel service station uses not yet developed and/or operating but subject to an approved and unexpired land use permit as of March 3, 2022.
(C) Modifications to Fossil Fuel Service Station Uses, Generally. Except as provided below, fossil fuel service station uses and structures shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. Examples of features subject to this provision include, but are not limited to, retail fossil fuel sale, storage, conveyance, and dispensing (i.e., storage tanks, pumps, dispensers).
(D) Modifications to Improve Public Health and Safety. Fossil fuel service station uses may be modified to conform to current public health and safety standards (i.e.: stormwater quality control regulations or remediate contamination of the soil, groundwater, pedestrian and bicycle access safety, traffic control devices).
(E) Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fossil fuel service station uses may be modified to accommodate battery charging station(s) for zero emission vehicles.
(F) Modifications to Enable Zero Emission Vehicles (Hydrogen Fuel Cell Station). Fossil fuel service station uses may be altered to include hydrogen storage, conveyance and dispensing facilities.
(G) Discontinuation of Fossil Fuel Service Station Uses or Structures. A fossil fuel service station use shall not be re-established if such use has been discontinued for a continuous period of one hundred eighty days or longer, unless either of the following exceptions apply:
(1) If the use has discontinued for one hundred eighty days or longer because the nonconforming fossil fuel service station is subject to construction with a valid building permit that has not received final inspection, the nonconforming timeframe will be extended in accordance with the building permit application completion.
(2) If the use has discontinued for one hundred eighty days or longer due to a force majeure event, the nonconforming timeframe may be extended in accordance with a timeframe that receives the approval of the city community development director and the concurrence of the city attorney. The determination of whether an event or circumstance is a "force majeure event" is to be made at the discretion of the city.
Chapter 19.50 SPECIAL STUDY ZONE DISTRICT
19.50.010 Purpose.
The purpose of the special study zone district is to:
(A) Allow properties to be zoned or prezoned until the city has completed appropriate planning studies to determine the types and intensities of land uses through an amendment of the city's general plan.
(B) Allow agricultural, grazing, open space and public uses within the district as interim uses. (Res. 2008-105 § 4, 2008)
19.50.020 Applicability.
Properties designated as "special study zone" by the general plan shall be within the special study zone district. (Res. 2008-105 § 4, 2008)
19.50.030 Permitted uses.
Permitted uses shall be: agriculture, grazing, open space and public uses, except as provided in Section 19.12.040. (Res. 2008-105 § 4, 2008)
19.50.040 Conditionally permitted uses.
Any structure greater than ten thousand square feet shall be a conditionally permitted use. (Res. 2008-105 § 4, 2008)
Chapter 19.52 REQUEST FOR REASONABLE ACCOMMODATION
19.52.010 Intent and purpose.
It is the policy of the city of American Canyon, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws.
19.52.020 Applicability.
(A) Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
(B) An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more of such person's major life activities, as furthered defined and amended in the Fair Employment and Housing Act (FEHA) of California Government Code Sections 12926(i)(1), (2), and 12926(k)(1), (2).
(C) A request for reasonable accommodation may be made by any person with a disability, his or her representative, or an entity, developer or provider of housing for individuals with disabilities, when the application of a land use or zoning regulation, policy, practice or procedure acts as a barrier to housing opportunities.
19.52.030 Application.
Requests for reasonable accommodation shall be made in a manner prescribed within this section.
(A) Requests for reasonable accommodation shall be submitted by completing the city of American Canyon Request for Reasonable Accommodation Form and submitting it to the community development department and specifying the following information:
(1) Name and address of the individual(s) requesting reasonable accommodation;
(2) Name, address and telephone number of the property owner(s);
(3) Address of the property for which accommodation is requested;
(4) The current actual use of the property;
(5) Description of the requested accommodation and the zoning code provision, regulation(s), policy or procedure for which accommodation is requested;
(6) The basis for the claim that the individual is considered disabled under the acts; and
(7) Reason that the requested accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling.
(B) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, etc.), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.
(C) No application fee shall apply to a request for reasonable accommodation (unless the request is being made concurrently with an application for some other discretionary approval, in which case the applicant shall pay only the required application fee for the discretionary approval).
(D) Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
(E) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
(F) If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
19.52.040 Reviewing authority.
(A) Requests for reasonable accommodation shall be reviewed by the community development director, if no discretionary approval is sought other than the request for reasonable accommodation.
(B) A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
19.52.050 Findings.
(A) In approving or denying the request, the following criteria shall apply:
(1) The accommodation is reasonable, considering the nature of the applicant's disability, the surrounding land uses, and the rule, standard, policy or practice from which relief is sought;
(2) The accommodation is necessary to afford the applicant equal opportunity to enjoy and use a dwelling;
(3) The accommodation will have only incidental economic or monetary benefits to the applicant, and the primary purpose of the accommodation is not to assist with real estate speculation or excess profit-taking;
(4) The accommodation does not create a substantial adverse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;
(5) The accommodation is reasonably feasible, considering the physical attributes of the property and structures;
(6) There are no alternative accommodations which may provide an equivalent level of benefit to the applicant, while minimizing adverse impacts on surrounding land uses and lessening the financial and/or administrative burden on the city;
(7) In the case of a determination involving a one-family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents;
(8) The requested accommodation does not impose an undue financial or administrative burden on the city; and
(9) The requested accommodation does not require a fundamental alteration in the nature of a program.
(B) In granting a request for reasonable accommodation, any conditions of approval may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.
19.52.060 Appeals.
(A) Any decision of the community development director made pursuant to this chapter may be appealed to the planning commission by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.
(B) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.
(C) The planning commission may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.
(D) Any decision of the planning commission made pursuant to this chapter may be appealed to the city council by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.
(E) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.
(F) The city council may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.
(G) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.
Chapter 19.53 SMALL-CELL ANTENNA FACILITIES
19.53.010 Purpose and intent.
The purpose and intent of this chapter is to establish ministerial zoning requirements for small-cell antenna facilities (SAFs) that improve high-speed wireless telecommunication services compatible with federal and state rules and regulations, provide cost recovery for impacts to the city infrastructure, and avoid potential adverse environmental impacts in the community such as noise, aesthetics, and public infrastructure maintenance.
19.53.020 Applicability.
The provisions of this chapter apply to small-cell antenna facilities (SAFs) in the city of American Canyon. Small-cell wireless telecommunication facilities that do not comply with the SAF standards require a design permit approved by the planning commission in accordance with Chapter 19.41.
19.53.030 Definitions.
"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless telecommunication device.
"Antenna enclosure" means any casing or hardware used to enclose or camouflage wireless telecommunication antennas or related equipment.
"Antenna structure" means any antenna, any structure designed specifically to support an antenna or any appurtenance mounted on such a structure or antenna.
"Applicable law" means all applicable federal, state and local laws, ordinances, codes, rules, regulations and orders, as the same may be amended from time to time.
"Applicant" includes any person or entity submitting an application to install a commercial wireless telecommunication facility under this chapter.
"Base station" means the equipment and non-tower supporting structure at a fixed location that enables Federal Communications Commission licensed or authorized wireless telecommunications between user equipment and a communications network.
"CEQA" means the California Environmental Quality Act.
"City" means the city of American Canyon.
"City property" means any property owned by the city of American Canyon that is outside of the public right-of-way, which includes, but is not limited to, parks, city building sites, the wastewater reclamation facility, City Hall, etc.
"Collar mount" means any band or pieces of a band that fits around the neck of a pole to support an antenna. See Figure 19.53.030-a.
"Collocation" means the mounting or installation of additional wireless transmission equipment at an existing wireless facility.
"Council" means the city council of the city of American Canyon.
"Department" means the community development department of the city of American Canyon.
"Director" means the community development director of the city of American Canyon or designee.
"FCC" means the Federal Communications Commission or any successor to that agency.
"Least intrusive means" means that the location or design of a commercial wireless telecommunication facility addresses a significant gap in an applicant's personal communication service while doing the least disservice to the policy objectives of this chapter. Analysis of whether a proposal constitutes the least intrusive means shall include consideration of means to close an asserted significant gap by collocating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.
"Local preference" means preference given to an applicant when two or more applicants propose wireless facilities on the same utility pole or structure at the same time.
"Macro sites" means any high-powered wireless telecommunication facility used to serve major coverage areas of several miles with multiple antennas.
"Major street trenching" means any proposed trenching of a public right-of-way of more than ten feet in length.
"MLA" means master lease agreement.
"Micro wireless facility," shall be defined as a small cell that is no larger than twenty-four inches long, fifteen inches in width, twelve inches in height, and that has an exterior antenna, if any, no longer than eleven inches.
"Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, and similar monopoles camouflaged to resemble faux objects attached on a monopole.
"MPE" means maximum permissible exposure.
"Non-tower supporting structure" means any structure, whether built for wireless communications purposes or not, that supports wireless transmission equipment under a valid permit at the time an applicant submits an application for a permit under this code and which is not a wireless tower.
"OET" or "FCC OET" means the Office of Engineering & Technology of the Federal Communications Commission.
"Open space" includes: (1) land which is zoned OS, OS-CRW, or REC as defined in Chapter 19.05.070 and 19.05.080; (2) land in residential zones upon which structures may not be developed by virtue of a restriction on title; (3) all common areas, public and private parks, slope easements, recreational areas and open portions of recreational facilities; and (4) any other area owned by a homeowners association or similar entity.
"Personal communication service" means commercial mobile services provided under a license issued by the FCC.
"Personal wireless telecommunication facility," "wireless telecommunication facility," or "wireless facility" means a structure, antenna, pole, tower, equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images or other information, including, but not limited to, cellular phone service, personal communication service and paging service.
"RF" means radio frequency.
"Section 6409" means Title 47, United States Code, Section 1455.
"Side-arm assembly" means an articulated mounting assembly that connects an antenna to the pole, see Figure 19.53.030-b.
"SAF" means small-cell antenna facility consisting of antennas, antenna supports, equipment, cabinets, equipment housing and enclosure; and related accessory equipment. SAF also means a micro wireless facility. See Figure 19.53.030-c.
"State" means the state of California.
"Stealth facility" or "camouflaged facility" means a SAF or any wireless telecommunication facility, including its antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure; and related aboveground accessory equipment, which: (1) are integrated as an architectural feature of an existing structure such as a cupola; or (2) are integrated in an outdoor structure such as a flagpole or streetlight; or (3) use a design which mimics and is consistent with nearby natural or architectural features, or is incorporated into or replaces existing permitted facilities (including, but not limited to, utility poles or stop signs or other traffic signs or freestanding light standards) so that the presence of the wireless telecommunication facility is not readily apparent. See Figure 19.53.030-d.
"Transmission equipment" or "wireless transmission equipment" means any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber optic cable, and regular and backup power supplies.
"Wireless telecommunication facility" means any Federal Communications Commission licensed or authorized wireless telecommunications service.
"Wireless tower" or "telecommunications tower" means any structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission licensed or authorized wireless telecommunications facility antennas and their associated facilities.
Figure 19.53.030-a: Collar Mounts
Collar mounts for antennas are not permitted for small-cell antenna facilities.
Figure 19.53.030-b: Side-Arm Mounts
Side-arm mounted antennas are not permitted.
Figure 19.53.030-c SAF Components
Small-cell antenna facilities consist of the antenna, equipment enclosures, and the light pole. All cables need to be concealed within the pole or shrouded. All ground equipment is prohibited in the public right-of-way.
Figure 19.53.030-d Stealth SAF Components
Camouflaged antenna equipment and antenna.
Figure 19.53.030-e Stealth SAF Components on Wider Transit Poles
Example of a transit light pole with a small-cell antenna placed on top, and the accessory equipment painted to match the color and material of the pole.
19.53.040 Review and approval.
(A) All SAFs require a SAF permit and building permit.
(B) All SAFs on city property require master licensing agreements.
(C) All SAFs on public right-of-way require an encroachment permit with the city.
Table 19.53.040—SAF Types and Requirements
| SAF Location Type | Type 1 | Type 2 | Type 3 |
|---|---|---|---|
| SAF Requirements | Private Property | City-Owned Property | Public ROW |
| SAF Permit | Y | Y | Y |
| Building Permit | Y | Y | Y |
| Master Lease Agreement | Y | ||
| Encroachment Permit | Y |
19.53.050 Development standards—All SAFs.
All small-cell antenna facilities shall comply with all the following development standards:
(A) A maximum of one SAF is permitted on a single support structure.
(B) All SAFs shall be designed as a stealth facility as defined in Section 19.53.030.
(C) The combined volume of SAF accessory equipment, including an electric meter, on a single pole shall not exceed six cubic feet, whether an array or separate.
(D) The antenna enclosure and accessory equipment is permitted a maximum of ten and one-half inches wide when placed on slim light poles (less than ten inches width) and a maximum of fifteen inches on wide poles (greater than ten inches width).
(E) Equipment normally placed at ground level must be placed in an underground vault.
(F) All conduit and facility wiring must be concealed within the support structure.
(G) Unless otherwise required by city, county, state or federal rules or regulations, SAFs shall have all manufacturer labels removed. No logos or advertising is permitted.
(H) SAFs shall be painted a non-reflective neutral color finish consistent with the predominant color of the support structure.
(I) Unless otherwise required by applicable county, state, or federal rules, the SAF may not have any artificial lighting.
(J) All SAFs shall be designed with passive cooling.
(K) All facilities shall be designed so as to be graffiti resistant.
(L) To protect residential views, a SAF proposed within nine feet of a residential window is prohibited, and any SAF shall not negatively impact or impede views of the ridgelines to the east of the city or the Napa River watershed to the west.
(M) A SAF on city property outside of the public right-of-way is required to obtain its own electrical service and meter.
(N) Outside the public right-of-way, the overall height of the SAF may not exceed the maximum building height permitted in site zoning district..
(O) The Director retains the discretion to determine the applicability of CEQA for SAFs and requires the preparation of an initial study (CEQA Guidelines Section 15365) for any permit application to properly determine the potential impacts of any application on the physical environment.
19.53.060 Development standards—SAFs in public right-of-way.
In addition to the development standards identified in Section 19.53.050, the following standards apply to SAFs in the public right-of-way:
(A) No major street trenching is permitted.
(B) A SAF antenna shall be positioned on top of the support structure. A SAF antenna may not be placed on a support structure with a collar mount, or side-arm assembly. SAF accessory equipment may be placed on collar mounts when they comply with the development standards of Section 19.53.050.
(C) A SAF may not include any ground-mounted equipment.
(D) Where feasible, support structure-mounted accessory equipment shall be installed behind existing traffic signs.
(E) The overall height of the SAF may not exceed six feet above any adjacent streetlight or utility pole, whichever is less.
19.53.070 Conditions of approval.
The following standard conditions of approval shall apply to all SAF projects:
(A) To help screen each proposed SAF in the public right-of-way, the encroachment permit shall identify an appropriate street tree and location in the public right-of-way as close to each proposed SAF as feasible. The tree shall meet the following standards:
(1) The minimum tree size shall be fifteen-gallon size.
(2) The tree shall match the species of trees along the same street. If no street trees exist, the tree shall be a variety native to the region and drought-tolerate, subject to approval of the public works director.
(3) If installing a street tree is infeasible on the basis of inadequate sidewalk width, utility interference, or public health, safety, or welfare reasons, at the approval of the public works director, the applicant shall provide an "in-lieu" payment into the city's "street tree" fund. In-lieu street tree payment shall be paid prior to the building permit issuance.
(4) Care and Maintenance of Street Trees. The city shall assume the duty of a "property owner." The applicant shall fund ten years care and maintenance of any street tree required to be installed in the public right-of-way under this section.
(5) The applicant shall provide a security bond that is reviewed and found satisfactory by the city attorney to guarantee funding for ten years of tree maintenance.
(B) The applicant shall verify that the SAF when operational complies with the noise standard in Section 19.53.090(b).
(C) The applicant shall provide written agreement to relocate the SAF facility at the applicant's expense when public projects, services or improvements conflict with its installation with reasonable notice.
19.53.080 Application and submittal requirements.
(A) Each SAF requires a SAF permit.
(B) Each SAF requires a building permit.
(C) Each SAF in the public right-of-way requires an encroachment permit.
(D) Each SAF requires a security bond that is reviewed and found satisfactory to ensure the proper removal of older, obsolete, or abandoned SAF equipment.
(E) In conjunction with the building permit application, each SAF application shall include the following information:
(1) Site Plan. Provide a site plan of each project area drawn to scale depicting the existing conditions and proposed project.
(2) Elevations. Provide elevation plans for each location, drawn to scale depicting the existing support structure and the proposed project.
(3) Provide a sheet with specifications of all proposed equipment.
(4) Provide scale drawings of each SAF component.
(5) Identify location of power source.
(6) EMF Report. Provide documentation demonstrating that the facility will comply with applicable radio frequency (RF) emission standards. Such documentation may be satisfied by a written demonstration of compliance with FCC Bulletin OET-65, as amended. Provide a written agreement, which indicates that no SAF facility or facilities proposed for this application, shall produce power densities that exceed the Federal Communication Commission's (FCC) Maximum Permissible Exposure (MPE); and written agreement to comply with FCC Office of Engineering Technology (OET) Bulletin 65, as amended.
(7) Interference Report. Provide a written description of the proposed method(s) of correcting any potential interference with consumer electric products that may result from the operation of the facility.
(8) Noise Study. Include manufacturer information on the amount of noise generated by the facility, including, but not limited to, retractable monopole motors, antenna rotators, power generation and related equipment. Such information shall include the estimated times, frequency, duration and decibel levels of the noise.
(9) Coverage Maps. Each application shall include the following:
(a) Map showing all current and planned facility sites within and adjacent to the city that are owned and/or operated by the service operator.
(b) Name(s), address(es), telephone number(s), and e-mail(s) that own the facility and that will be responsible for its operation and maintenance.
(c) Any proposed access roads or parking areas.
(d) Documentation verifying that the operator has obtained licenses and/or approvals that are required by federal and/or state agencies.
(10) Visual impact analysis showing a silhouette or other visualization(s) or photo simulations of the proposed facility within the context of its surroundings, such as the ridgelines to the east of the city or the Napa River watershed to the west; and/or
(11) Written authorization for the city to hire an independent, qualified consultant to evaluate technical and other aspects of the proposal, including, but not limited to, compliance with applicable emission standards, potential for interference with consumer electronic products and/or public safety communications and the appropriateness of granting any requested exceptions. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the city for all reasonable costs associated with the consultation.
(12) Payment of the applicable SAF plan review fee.
(13) Security bond to ensure the proper removal of older, obsolete, or abandoned SAF equipment
(14) Master lease agreement (Type 2).
(15) Applicants that propose SAF projects adjacent to a public school, property owned by a public agency, or public park are required to submit verification that they have consulted with the applicable public agency representative.
(16) Applicants that propose a SAF project in a residential zoning district shall mail a notice to property owners located within three hundred feet of the proposed site. The public notice shall inform property owners of the proposed SAF project and invite their feedback.
(17) Design standards self-assessment checklist.
(18) Electronic copies of all submitted items.
19.53.090 Operation standards.
(A) Health and Safety Regulations, EMF Report. No SAF by itself or in combination with other such facilities shall be sited or operated in such a manner that it poses a potential threat to the public health or safety. To that end, no facility or facilities shall produce power densities that exceed the Federal Communication Commission's (FCC) Maximum Permissible Exposure (MPE). Compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory. The SAF applicant, operator, or owner shall copy the city on any filings and reports with the California Board of Equalization and the California Public Utilities Commission concerning the SAF. Applicant shall provide notice of the SAF permit to the California Board of Equalization and California Public Utilities Commission to facilitate appropriate reimbursement to the city for the SAF authorization.
(B) Noise Compliance. Each SAF shall be operated in such a manner so as to minimize any noise impacts. A SAF shall generate no more than forty-five decibels of noise at three feet from the nearest building façade or sensitive receptor (e.g., school playground).
(C) Each SAF installed on a streetlight in the public right-of-way shall obtain its electric power within the electric streetlight source.
(D) Maintenance. A SAF Applicant or property-owner shall, at its sole cost, be responsible to repair to city standard specifications or replace in-kind any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the SAF and any support infrastructure.
(E) Interference. To the extent allowed under applicable federal rules and regulations, the operator of a SAF shall correct interference problems experienced or caused by the facility to any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission. The operator is under an affirmative duty to promptly provide the community development director a copy of any notice of such violation issued by any local, state, or federal agency.
(F) Applicant shall warrant and ensure that its services will be made available to businesses and residents of the city.
19.53.100 Density of small-cell antenna facilities.
(A) No wireless service provider may locate a SAF within one hundred feet of another SAF that the service provider owns or controls.
(B) A SAF proposed on two or more support structures may not be placed on adjacent support structures.
(C) All SAFs on city property require a master lease agreement ("MLA") prior obtaining an encroachment permit or building permit. The MLA shall be recorded with the Napa County recorder by the applicant at its sole expense.
(D) Local Preference. For projects where two applicants propose a SAF on the same support structure(s), local preference will grant a permit to the applicant with a wireless telecommunication retail store in the city. The sale of wireless devices must be the primary business of the retail store. In the event both applicants have a retail store in the city, local preference will be granted to the applicant that has the retail store in the city for the longest continuous period of time.
19.53.110 Permit duration and renewal.
The following guidelines explain the city's requirements for SAF permit renewals and modifications:
(A) A Type 2 SAF permit shall be renewed on the ten-year anniversary of its original final date or subsequent renewal date.
(1) Renewal Permitted. At the end of the term set forth above, the department may renew a SAF permit for an additional ten-year term.
(2) SAF Renewal Application Required. An applicant seeking to renew a SAF permit shall file a renewal application with the department no later than six months prior to the anniversary date of the existing permit. The renewal application shall include a written report from a certified engineer confirming the following:
(a) That the permitted wireless facility complies with the Public Health Compliance Standards.
(b) The SAF continues to remain in operation.
(c) That the SAF meets or exceeds current stealthing technology.
(d) The SAF renewal application fee is paid.
(e) For Type 2 permits, the revised MLA shall be recorded with the Napa County recorder by the applicant at its sole expense.
(3) SAF permit renewal on city property requires a renewed master lease agreement after the ten-year period.
(B) Modifications to existing SAF projects will require a new SAF permit and submittal requirements for any changed elements as outlined in Section 19.53.080.
(C) A SAF facility shall be relocated at the applicant's expense, upon receipt of reasonable notice, when public projects, services, or improvements conflict with its installation.
19.53.120 Discontinuation of use.
Antenna, support structures and related equipment shall be removed within thirty calendar days after discontinuation of a wireless facility and the site shall be restored to its previous condition. The service provider shall provide the community development department with a notice of intent to vacate the site a minimum of thirty calendar days prior to vacation. For Type 2 SAFs located on city property, this requirement shall be included in the terms of the lease. For Type 1 SAFs, the property owner shall be responsible to remove all antennas, structures and related equipment within thirty calendar days following discontinuation of the use. Upon submittal of proof to the city that the site has been restored to its previous condition, the city shall cause the release of the security bond set forth in Section 19.53.080(E)(13).
Chapter 19.54 Sustainable, Energy-Efficient Warehouse Design Permit
19.54.010 Purpose and applicability.
This chapter establishes a new City development entitlement known as the Sustainable, Energy-Efficient Warehouse Design Permit, which is ministerial and thus is not subject to the California Environmental Quality Act (CEQA). This chapter establishes a non-discretionary review and permitting process designed to encourage landowners to seek the development of eligible projects, which will by necessity include design features and conditions of approval intended to facilitate sustainability and minimize the projects' environmental effects. This chapter applies to warehouse projects located in the GI (general industrial) district meeting the requirements of this chapter. Any requirements found outside this chapter (19.54) for projects in the GI district that are inconsistent with the requirements and streamlining provisions of this chapter (19.54) shall not apply to sustainable, energy-efficient warehouse projects that satisfy the requirements of this chapter (19.54) and therefore qualify for the benefits of its streamlined review and permitting process.
19.54.020 Review.
A project shall be approved pursuant to the provisions of this chapter and all applicable and objective development standards in the zone in which the development occurs that are not inconsistent with the requirements and streamlining provisions of this chapter (19.54). Upon confirmation that the project meets the requirements of this chapter, the community development director will approve the application and issue a ministerial permit. Projects meeting the requirements of this chapter and subject to the standard conditions of approval set forth herein shall be exempt from design review under Chapter 19.41.
19.51.030 Design and appearance.
(A) Warehouse buildings shall be of Type VB construction, site cast, tilted concrete panels with a variety of architectural elements.
(B) Typical wall panel shall be enhanced with reveals and a textured elastomeric, multicolored coating system.
(C) Areas around building entries must be enhanced with tinted glazing in aluminum frames with overhead steel-framed painted canopies. Placement of these enhancements should be focused on those locations most visible from the public roadways.
(D) Rooftop mechanical equipment for heating, ventilation, and air conditioning systems shall be screened with a roof parapet and/or with roof screens equal in height to the mechanical equipment.
19.51.050 Sustainability standards
Eligible projects must include design elements or features that meet the following sustainability standards set forth in this section.
(A) Stormwater and drainage. A stormwater pollution prevention plan to minimize contamination, erosion, and dust pollution during construction. All stormwater runoff from impervious surfaces (roofs and paving) must be routed through a specially designed water quality detention and treatment basin. On-site detention must be provided to meet the City of American Canyon standards.
(B) Storage and collection of recyclable materials. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of nonhazardous materials for recycling.
(C) Construction waste management, including recycling. A minimum of 65 percent diversion of construction and demolition waste from landfills. All of trees, stumps, rocks and associated vegetation and soils resulting from land clearing shall be reused or recycled.
(D) Environmental tobacco smoke control.
(E) Light pollution reduction.
(1) All exterior site lighting, including mounted building lighting and lighting within the parking areas and along walkways shall provide a minimum of 1-foot candle illumination in these areas.
(2) Lighting shall be shielded as appropriate and avoid light spillage or glare from the project site.
(3) Exterior light fixtures on buildings shall be shielded to return potential light glare and impacts.
(F) Water-efficient landscaping.
(1) The project shall be landscaped using plants adapted to the of American Canyon climate. Low-water-use plants shall be primarily used, with moderate water use plants used at accent points, such as driveways and building entries.
(2) The project shall comply with Section 8.20.110 of the City of American Canyon Municipal Code, known as the Model Water Efficient Landscape Ordinance (MWELO).
(3) The landscape palette shall not include oleander.
(4) All landscaping shall be designed to use recycled water for irrigation. Recycled water landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design details to prevent runoff of recycled water. The irrigation system shall include an evapotranspiration/automatic (or smart) (ET/SMART) irrigation controller.
(G) Water use reduction methods.
(1) The project shall comply with the City's Zero Water Footprint policy adopted by the City Council on October 23, 2007. In this policy, "Zero Water Footprint" is defined as "no loss in reliability or increase in water rates for existing water service customers due to new demand for water within the City's Water Service Area.
(2) All buildings shall be dual plumbed to use recycled water for non-potable uses.
(H) Use of low volatile organic compound (VOC) emitting sealants, adhesives, coatings, floorings, and wood materials.
(1) "Low-VOC" architectural coatings used during project construction shall not exceed 50 grams of reactive organic gases (ROG) or VOC per liter of product.
(I) Roof structures that are designed to accommodate additional weight for roof-top photovoltaic electricity generation panel arrays.
(J) California Green Building Code compliant electric vehicle charging stations must be provided as follows:
(1) Parking areas for passenger automobiles and trucks shall be designed and constructed to accommodate electric vehicle (EV) charging stations. At a minimum, the parking shall be designed to accommodate a number of EV charging stations equal to the Tier 2 Nonresidential Voluntary Measures of the California Green Building Standards Code, Section A5.106.5.3.2 (or a successor section as it exists at the time of project approval).
(2) According to California Building Code section 11B-228.3.2.1, the applicable number of electric vehicle charging stations (EVCS) and van accessible EVCS spaces for the employee parking lot must be provided.
(K) Application of United States Green Building Council Leadership in Energy and Environmental Design (LEEDTM) techniques and practices to the project design and construction.
(L) Covered parking for bicycles.
(M) Preservation of open space and wetlands either onsite or offsite.
(N) Greenhouse gas emissions and energy.
(1) Buildings shall be designed and constructed to, at a minimum, the Tier 2 advanced energy efficiency requirements of the Nonresidential Voluntary Measures of the California Green Building Standards Code, Division A5.2, Energy Efficiency, as outlined under Section A5.203.1.2.2.
(2) Parking areas for passenger automobiles and trucks shall be designed and constructed to accommodate electric vehicle (EV) charging stations. At a minimum, the parking shall be designed to accommodate a number of EV charging stations equal to the Tier 2 Nonresidential Voluntary Measures of the California Green Building Standards Code, Section A5.106.5.3.2.
(3) Electricity demand will be satisfied with 100 percent carbon-free electricity sources, through means such as on-site solar panels, through the year 2045.
(4) To the extent permitted by federal law, the project shall be designed without the use of natural gas-fueled appliances or natural gas plumbing. If, in the judgment of the City Attorney at the time of City review of a proposed project, the City Attorney determines that the City is precluded by the federal Energy Policy and Conservation Act (42 U.S.C. § 6291 et seq.) from using its police power or building code(s) to prohibit the proposed project from using natural gas, the applicant may seek to obtain the streamlining benefits of this Chapter (19.54) by voluntarily foregoing the use of natural gas in its proposed qualifying project. Such a voluntary proposal shall be reflected in the submission of project documents and plans showing an absence of natural gas piping and other infrastructure.
(5) Project applicants shall incorporate GHG-reducing construction best management practices (BMPs), including use of alternative fueled construction vehicles and equipment, the use of local building materials, and the recycling and reuse of construction waste.
(6) Vehicle miles traveled (VMT) for the project shall be 15 percent or more below the regional average. As part of the project application, the applicant shall submit a transportation study prepared by a qualified transportation engineer or consultant demonstrating that VMT for both anticipated employee trips and anticipated truck trips associated with project operations will be at least 15 percent below the regional average, with the affected "region" being the nine-county geographic area (Bay Area) subject to the planning jurisdiction of the Metropolitan Transportation Commission.
19.51.060 Standard Conditions of Approval.
Approval of a ministerial permit pursuant to this Chapter (19.54) does not preclude imposition of the objective standard conditions of approval set forth in this section. These include objective process requirements related to issuance of a building permit. Any further approvals, such as demolition, grading, and building permits shall be issued on a ministerial basis subject to the objective standards set forth herein, compliance with which shall be required as conditions of approval included in the Sustainable, Energy-Efficient Warehouse Design Permit approved by the City pursuant to this chapter (19.54).
The conditions of this permit shall be printed on the first sheet of each plan set submitted for a building or other ministerial permit pursuant to this Sustainable, Energy-Efficient Warehouse Design Permit. This permit will be enforced pursuant to Chapter 19.02.
(A) Lighting. Prior to issuance of building permits for the project, the project applicant shall prepare and submit a photometric plan to the City of American Canyon for review and approval. The proposed plan shall demonstrate that all exterior light fixtures would be directed downward or employ full cut-off fixtures to minimize light spillage and avoid interference with aviation operations at the Napa County Airport. The approved plan shall be incorporated into the project.
(B) Air quality.
(1) The following best management practices (BMPs), as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the project and project approval documents, and shall be implemented during construction.
(a) All active construction areas shall be watered at least two times per day.
(b) All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces.
(c) All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
(d) All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
(e) All vehicle speeds on unpaved roads shall be limited to 15 miles per hours. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
(f) Idling time shall be minimized either by shutting equipment off when in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points.
(g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
(h) The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The City and the construction contractor shall take corrective action within 48 hours. The BAAQMD phone number shall be visible to ensure compliance with applicable regulations.
(2) Prior to issuance of grading or building permits, the project applicant shall provide the City with documentation demonstrating the use of "Low-VOC" architectural coatings during project construction. "Low-VOC" architectural coatings shall not exceed 50 grams of reactive organic gases (ROG) or VOC per liter of product.
(3) Prior to issuing the certificate of occupancy for the project, the project applicant shall provide the City with documentation demonstrating the use of a truck fleet that complies with the California Air Resources Board's On-Road Heavy-Duty Regulations (Cal. Code Regs., title 13, div. 3, ch. 1, art. 4.5, § 2025 et seq.) or superseding subsequently-enacted CARB regulations addressing the same subject matter. If the project applicant does not own the truck fleet that would be used during operation of the project, the project applicant shall provide the City with documentation from the truck fleet owner or operator demonstrating that trucks utilized for operation of the project will comply with these requirements. If any change occurs where a new truck fleet is utilized during operation of the project, the project applicant shall provide the City with documentation demonstrating that the new truck fleet meets or exceeds these requirements.
To monitor and ensure that truck fleet complies with the California Air Resources Board's On-Road Heavy-Duty Regulations (Cal. Code Regs., title 13, div. 3, ch. 1, art. 4.5, § 2025 et seq.) or superseding subsequently-enacted CARB regulations addressing the same subject matter, the fleet operator shall maintain records available to the City upon request. Alternatively, the City may require periodic reporting and provision of written records by operators and conduct regular inspections of the records.
(4) Prior to issuance of the certificate of occupancy for a building with dock doors, signage shall be posted identifying idling restrictions and contact information to report violations to the building manager.
(5) Prior to the issuance of a certificate of occupancy, as part of future lease agreements, the project proponent shall provide all future tenants at the project site information on available California Air Resources Board and BAAQMD incentive programs, such as the Carl Moyer Program and the Voucher Incentive Program, that support upgrading truck fleets to clean air technology equipment.
(C) Wildlife.
(1) Swainson's hawk.
(a) The applicant must provide a biological study from a qualified biologist evaluating the project site for the presence of ecologically valuable hawk foraging habitat. The study must include conclusions as to whether any loss of habitat due to the project would create a significant environmental effect requiring mitigation, applying the significance threshold found in California Code of Regulations, title 14, section 15065, subdivision (a)(1) (whether the project would substantially reduce the number or restrict the range of the hawk). Any significant environmental effect to Swainson's hawk habitat identified in a study prepared by a qualified biologist would be mitigated through off-site preservation of habitat at a 1:1 ratio. A specific strategy for how to achieve such off-site preservation shall be prepared by the qualified biologist and submitted to the City.
(b) Pre-construction surveys for Swainson's hawk shall be conducted in the project site vicinity prior to initiation of project construction activities. Agency protocol for conducting nesting surveys for Swainson's hawk requires that three surveys be conducted during the nesting season, with the first one between March 20 and April 5, the second one between April 5 and April 20, and the third one between June 10 to July 30. Surveys shall be conducted each year following initiation of construction if project activities are delayed or discontinued for seven or more days prior to the first required survey period (March 20 to April 5) and are scheduled to recommence during the second survey period or before August 1. These pre-construction surveys shall include investigation of all potential nesting trees within a half-mile radius around all project activities and shall be completed for at least two survey periods immediately prior to commencement of project construction. Surveys shall be conducted in accordance with "Recommended timing and methodology for Swainson's Hawk Nesting Surveys in California's Central Valley" issued by the California Department of Fish and Wildlife (CDFW) (then the California Department of Fish and Game) in 2000 (or as updated) to maximize the potential for locating nesting Swainson's hawk and reduce the potential for nest failures due to project activities and/or disturbances.
(c) If no nesting Swainson's hawk are found during the first or second required survey period starting March 20 and extending to April 20, then project construction may commence. If during the third surveys (June 10 to July 30) Swainson's hawk are found to be nesting in the project vicinity and construction has commenced, it shall be assumed the Swainson's hawk commenced nesting and thus the Swainson's hawk are habituated to the ambient level of noise and disturbance emanating from the project site.
(d) If Swainson's hawk are found to be nesting within 0.25 miles of the project site, a non-disturbance buffer shall be established to keep all construction activities a minimum of 0.25 miles from the nest site. CDFW shall be consulted regarding the adequacy of the buffer established by the qualified Raptor Biologist. At that time the necessity for acquiring a Fish and Game section 2081 Incidental Take Permit (ITP) authorization would be determined. An ITP authorization shall be required if there were a valid concern the project activities would result in the "take" of an adult Swainson's hawk, eggs, or nestlings.
(e) Surveys and the biological study shall be conducted by a qualified raptor biologist with at least a minimum of a 4-year college degree in wildlife biology or related environmental science, familiarity with Swainson's hawk and its local ecology, and 2 years of experience surveying for and detecting Swainson's hawk pursuant to "Recommended timing and methodology for Swainson's Hawk Nesting Surveys in California's Central Valley" survey protocol. No disturbance such as construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified Raptor Biologist that the young have fledged or that the nesting cycle is complete based on the monitoring of the active nest by a qualified Raptor Biologist.
(2) Golden eagle.
(a) No more than 30 days prior to the first ground disturbance activity, pre-construction golden eagle nesting surveys shall be conducted in the project vicinity by a qualified raptor biologist. The qualified raptor biologist shall have a minimum of a 4-year college degree in wildlife biology or related environmental science and at least 2 years of experience surveying for and detecting nesting golden eagles and its local ecology. Preconstruction surveys shall include investigation of all potential nesting trees within a survey area determined by the qualified raptor biologist, but no less than a 1.0-mile radius around all project activities.
(b) If active golden eagle nests are identified within any trees within the survey areas in a 1.0-mile radius of the project site, a qualified raptor biologist shall establish a protection buffer of approximately 1.0 mile that is adequate to ensure noise or activity from the project would not cause nest disturbance of young or adult bird mortality. Buffer zones may vary in size as some golden eagles are more acclimated to disturbance than others. Size of buffer zone may be modified by the qualified raptor biologist considering the type of construction activity that may occur and the behavioral factors and extent that golden eagle may have acclimated to disturbance.
(c) No construction or earth moving activity shall occur within the established buffer zone until it is determined by a qualified raptor biologist that the young golden eagles have fledged or that the nesting cycle is complete based on monitoring of the active nest by the qualified raptor biologist.
(3) Northern harrier and short-eared owl.
(a) Prior to ground disturbance, a pre-construction nesting survey shall be conducted for northern harrier and short-eared owl by a qualified raptor biologist if construction is scheduled during the nesting season (February 1 through September 1). The qualified raptor biologist shall have at least 2 years of experience surveying for and detecting nesting northern harrier and short-eared owl.
(b) To determine whether northern harrier or short-eared owl is nesting on-site, a qualified Raptor Biologist(s) shall conduct walking transects through the project site grassland habitat searching for nests within a minimum 500-foot radius from the project site. Where the survey area encroaches onto private property not accessible to the public (e.g., fenced in commercial property, residential backyard, etc., the qualified raptor biologist shall either contact the property owner for permission to physically access the property or conduct a visual survey of adjacent areas by scanning with binoculars or a spotting scope.
(c) An active northern harrier or short-eared owl nest must be protected by implementing a minimum 500-foot radius buffer zone around the nest marked with orange construction fencing. If an active nest is located outside of the project site, the buffer shall be extended onto the project site and demarcated where it intersects the project site. Size of buffer zone could be increased considering the type of construction activity that may occur, physical barriers between the construction site and active next, and the behavioral factors and extent that northern harrier or short-eared owl may have acclimated to disturbance.
(d) No construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified raptor biologist that the young have fledged or that the nesting cycle is otherwise determined to be complete based on monitoring of the active nest by a qualified raptor biologist.
(4) Burrowing owl. Prior to any ground disturbance, pre-construction surveys for burrowing owl shall be conducted within a minimum of 150 meters of the project site. Where the survey area encroaches onto private property not accessible to the public (e.g., fenced in commercial property, residential backyard, etc.), the qualified biologist shall either contact the property owner for permission to physically access the property or conduct a visual survey of adjacent areas by scanning with binoculars or a spotting scope. The pre-construction surveys shall be conducted by a qualified biologist following CDFW 2012 staff report survey methods and biologist qualifications to establish the status of burrowing owl on the project site.
(a) If burrowing owl are found to occupy the project site during the nonbreeding season (September 1 to January 31), occupied burrows shall be avoided by establishing a no-disturbance buffer zone to a minimum of 100 feet around the burrow. Buffers may be adjusted to address site-specific conditions using the impact assessment approach described in the CDFW 2012 staff report. If a qualified Raptor Biologist determines the location of an occupied burrow(s) may be impacted even with the 100-foot buffer, or the burrow(s) are in location(s) on the project site where a buffer cannot be established without preventing the project from moving forward, then a passive relocation effort may be instituted to relocate the individual(s) out of harm's way pursuant to a Burrowing Owl Exclusion Plan prepared in accordance with the CDFW 2012 staff report.
(b) If burrowing owl are found to be present during the breeding season (February 1 to August 31), the proposed project ground-disturbing activities shall follow the CDFW 2012 staff report recommended avoidance protocol whereby occupied burrows shall be avoided with a no-disturbance buffer.
(c) If burrowing owls are ultimately found on the site and burrow eviction/relocation of burrowing owls during the non-nesting season is a selected strategy to move forward with the project without direct impacts to burrowing owl individuals, the applicant shall coordinate this effort with CDFW and provide habitat mitigation consistent with the 2012 CDFW Staff Report on burrowing owl.
(5) If construction occurs during the breeding season of migratory and resident birds (February 1 to August 31), a qualified Biologist shall conduct a pre-construction breeding bird survey in areas of suitable habitat within 7 days prior to the onset of construction activity. Surveys shall be conducted within the project footprint and 100 feet from the construction limits for nesting passerines, 250 feet from the construction limits for nesting accipiters and a minimum of 500 feet from the construction limits for nesting raptors. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if construction activities are delayed by more than 7 days, an additional nesting bird survey shall be performed. If bird nests are found, appropriate buffer zones shall be established around all active nests to protect nesting adults and their young from direct or indirect impacts related to project construction disturbance. Size of buffer zones shall be determined per recommendations of the qualified Biologist based on site conditions and species involved, but typical buffers around active nests are 500 feet for large raptors such as buteos, 250 feet for small raptors such as accipiters, and 100 feet for passerines (songbirds) and other bird species. For special status species, a 0.25-mile shall be established for nesting Swainson's hawk; 1.0 mile for golden eagle; and a 500-foot buffer for nesting tricolored blackbirds. If an active nest is located outside of the project site, the buffer shall be extended onto the project site and demarcated where it intersects the project site. Buffer zones shall be maintained until it can be documented that either the nest has failed, or the young have fledged.
(D) Wetlands.
(1) There shall be no net loss of wetlands as a result of the project, as determined by a qualified aquatics resource specialist. Lost wetland functions must be restored through a mitigation process, devised by the qualified aquatics resource specialist, of creating new wetlands or preserving existing wetlands either onsite or offsite and enhancing their functionality prior to the occurrence of impacts to the onsite wetlands. The project applicant shall also obtain any permits for filling wetlands required by the U.S. Army Corps of Engineers (USACE), the United States Fish and Wildlife Service, the California Regional Water Quality Control Board for the San Francisco Region (San Francisco RWQCB), or the California Department of Fish and Wildlife.
(2) The project applicant shall submit to the City a jurisdictional delineation and report prepared by a qualified aquatics resource specialist for wetlands subject to jurisdiction of the USACE and/or San Francisco RWQCB identifying temporary and permanent impacts to wetlands resulting from the project and recommending a compensatory mitigation ratio (not less than 1:1) to minimize impacts that cannot be avoided. The mitigation ratio and any other recommendations in the report shall be incorporated into the project plans and all applicable construction-related permits.
(3) Prior to issuance of grading permits, the project applicant shall submit to the City a conceptual Wetland Mitigation and Monitoring Plan prepared by a qualified aquatics resource specialist in accordance with Subpart J – Compensatory Mitigation for Losses of Aquatic Resources outlined in the State Water Resources Control Board Procedures, and in accordance with the State Water Resources Control Board Implementation Guidance dated April 2020 and in accordance with the USACE Compensatory Mitigation Rule (33 Code of Federal Regulations Part 332). The Wetland Mitigation and Monitoring Plan shall address the loss wetlands impact as a result of the project.
(4) Prior to issuance of grading permits, the project applicant shall apply for and obtain a Nationwide Permit from the San Francisco District of the USACE for discharge within wetlands/waters of the United States under Clean Water Act section 404 jurisdiction. For the USACE permit to be valid, the applicant shall apply for and obtain the accompanying Section 401 Water Quality Certification from the San Francisco Bay RWQCB. The applicant shall apply for and obtain a separate Waiver of Waste Discharge Requirements from the San Francisco RWQCB for impacts to wetlands/waters of the State. The applicant shall implement the terms of the approved permit(s).
(5) Prior to issuance of a grading permit, the Wetland Mitigation and Monitoring Plan shall be submitted to the San Francisco Bay RWQCB for review as part of the process for obtaining a permit from the agency, if one is required.
(6) The Wetland Mitigation and Monitoring Plan shall include in irrevocable instrument (e.g., deed restriction or conservation easements) that shall restrict use of created/established wetlands. The Wetland Mitigation and Monitoring Plan shall also include a long-term endowment that would be fully funded by the proposed project to manage any open space preserve and created wetlands in perpetuity. The basic objective of the Wetland Mitigation and Monitoring Plan is to ensure that project wetland impacts, and compensatory mitigation proposed to offset the wetland impacts, shall provide a no-net-loss of area of wetlands, and wetlands established/created shall be in-kind to the wetlands impacted. In summary, the Wetland Mitigation and Monitoring Plan shall at a minimum:
(a) Provide financial assurances to ensure a high level of confidence that the compensatory mitigation shall be successfully completed, in accordance with applicable performance standards.
(b) Design ecological performance standards to assess whether the Wetland Mitigation and Monitoring Plan is achieving the overall objectives, so that it can be objectively evaluated to determine whether it is developing into the desired resource type (vernal pool, seasonal wetland e.g.), and attaining any other applicable metrics such as acres, number of native plant species, water saturation and/or ponding depth etc.
(c) Monitor the site for a duration of time determined to be necessary by the qualified aquatics resource specialist, the United States Army Corps of Engineers, and/or the San Francisco Regional Quality Control Board to determine whether the Wetland Mitigation and Monitoring Plan is meeting the performance standards. This monitoring period may be extended if performance standards are not met due to how the wetlands were constructed or natural events such as severe droughts.
(d) Protect preserved and created wetlands in perpetuity using an irrevocable instrument (e.g., deed restriction or conservation easement) and provide an endowment sufficient to fund the Long-Term Management Plan.
(e) An overall assessment of the condition of the wetlands that shall be permanently impacted by the proposed project shall be conducted using the California Rapid Assessment Method (CRAM) for depressional wetlands, or a hybrid approach based on CRAM. Each similar wetland type that may be impacted shall be assessed to describe the floristic community and record the native and non-native dominant plants within the vernal pool and palustrine emergent wetlands. Physical structure such as topographic complexity and physical features that may provide habitat for aquatic species (e.g., boulders, woody debris etc.) shall be recorded and used to design the created/established wetlands. The purpose of this assessment is to ensure the design of the wetlands shall provide habitat that is similar to the wetlands being impacted to ensure the impacted wetlands are mitigated in-kind.
(E) Cultural Resources.
(1) Appropriate buffer zones shall be determined per recommendations of an Archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards (qualified Archaeologist to avoid or minimize disturbance of archaeological resources.
(2) An Archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for archaeology shall be present on-site during all earth disturbing activities. If prehistoric or historic-period archaeological resources are encountered, all construction activities within 100 feet of the find shall halt and the City of American Canyon shall be notified. Prehistoric archaeological materials may include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil ("midden") containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic- period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
(3) The Archaeologist shall inspect the findings within 24 hours of discovery. If it is determined the project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place. Consistent with Section 15126.4(b)(3), this may be accomplished through planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement. If avoidance is not feasible because it would preclude the construction of important structures or infrastructure or require exorbitant expenditures, as determined by the applicant, a qualified Archaeologist shall prepare and implement a detailed treatment plan. Treatment of unique archaeological resources shall follow the applicable requirements of Public Resources Code Section 21083.2. Treatment for most resources would consist of (but would not be limited to) sample excavation, artifact collection, and site documentation, with the aim to target the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the proposed project. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts and data at an approved facility, and dissemination of reports to local and State repositories, libraries, and interested professionals.
(4) In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:
(a) There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98.
(b) Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
(i) The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission.
(ii) The descendant identified fails to make a recommendation.
(iii) The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.
(5) The project applicant must make reasonable efforts to consult with representatives of any California Native American Tribe, as defined in Public Resources Code section 21073 (e.g., the Yocha Dehe Wintun Nation), that might be interested in the project site based on the historical homelands of such tribes. The applicant must submit to the City written evidence of such reasonable efforts to conduct such consultation. Where the applicant has successfully engaged with an interested California Native American Tribe and has received input therefrom, the applicant shall offer to allow a tribal monitor representing the interested California Native American Tribe to be present during all project-related ground disturbance. The project applicant shall offer to follow the California Native American Tribe's treatment protocol for Tribal Cultural Resources (TCRs) meeting the definition found in Public Resources Code section 21074, if such a protocol exists and is made available to the applicant, except where compliance with such a protocol would preclude the construction of important structures or infrastructure or require exorbitant expenditures, as determined by the applicant.
(a) Human Remains: Any human remains which are found in conjunction with projects on lands culturally affiliated with a California Native American Tribe that has engaged in consultation with the project application shall be treated in accordance with any applicable and reasonably available Tribal protocol for the disposition or treatment of such remains.
(b) Inadvertent Discovery of Native American Human Remains: Whenever Native American human remains are found during the course of a project, the determination of Most Likely Descendant (MLD) under California Public Resources Code Section 5097.98 will be made by the Native American Heritage Commission (NAHC) upon notification to the NAHC of the discovery of said remains at a project site. If the location of the site and the history and prehistory of the area is culturally affiliated with the Tribe, the NAHC contacts the Tribe; a Tribal member will be designated by the Tribe to consult with the landowner and/or project proponents.
(c) Treatment of Native American Remains: In the event that Native American human remains are found during development of a project and a California Native American Tribe or a member of such a Tribe is determined to be MLD, the following provisions shall apply. The Medical Examiner shall immediately be notified, ground-disturbing activities in that location shall cease and the Tribe shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity. The Tribe shall complete its inspection and make its MLD recommendation within 48 hours of getting access to the site. The Tribe shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include avoidance of the human remains, reburial on-site, or reburial on tribal or other lands that will not be disturbed in the future. The Tribe may wish to rebury said human remains and grave goods or ceremonial and cultural items on or near the site of their discovery, in an area which will not be subject to future disturbances over a prolonged period of time. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b). The term "human remains" encompasses more than human bones because the Tribe's traditions call for the burial of associated cultural items with the deceased (funerary objects), and/or the ceremonial burning of Native American human remains, funerary objects, grave goods, and animals. Ashes, soils, and other remnants of these burning ceremonies, as well as associated funerary objects and unassociated funerary objects buried with or found near the Native American remains are to be treated in the same manner as bones or bone fragments that remain intact.
(d) Non-Disclosure of Location of Reburials: Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, California Government Code Section 6250 et seq. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). Any involved California Native American Tribe may require that the location for reburial be recorded with the California Historic Resources Inventory System (CHRIS) on a form acceptable to the CHRIS center. The Tribe may also suggest the landowner enter into an agreement regarding the confidentiality of site information that will run with title on the property.
(e) Treatment of Cultural Resources: Treatment of all cultural items, including ceremonial items and archaeological items will reflect the religious beliefs, customs, and practices of any California Native American Tribe with whom the project applicant has successfully consulted. All cultural items, including ceremonial items and archaeological items, that may be found at a project site shall, if requested by the Tribe, be turned over to the Tribe for appropriate treatment, unless ordered by a court or agency of competent jurisdiction. The project proponent shall waive any and all claims to ownership of Tribal ceremonial and cultural items, including archaeological items, which may be found on a project site in favor of the Tribe. If any intermediary (for example, an Archaeologist retained by the project proponent) is necessary, said entity or individual shall not possess those items for longer than is reasonably necessary, as determined solely by the Tribe.
(f) Inadvertent Discoveries: If additional significant sites or sites not identified as significant in a project environmental review process, but later determined to be significant, are located within a project impact area, such sites will be subjected to further archaeological and cultural significance evaluation by the project proponent, the Lead Agency, and the Tribe to determine whether additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. If there are human remains present that have been identified as Native American, all work will cease for a period of up to 30 days in accordance with Federal Law.
(F) Geology.
(1) Where a project site lies astride, or immediately adjacent to, the West Napa Fault, the project applicant shall, prior to the issuance of any building permits, submit plans to the City of American Canyon that demonstrate a minimum 50-foot setback between the West Napa Fault and each building. The approved plans shall be incorporated into the proposed project.
(2) Prior to the issuance of building permits for any phase of the project, the project applicant shall submit a design-level Geotechnical Investigation to the City of American Canyon for review and approval. The investigation shall be prepared by a qualified engineer and identify grading and building practices necessary to achieve compliance with the latest adopted edition of the California Building Standards Code (CBC) geologic, soils, and seismic requirements, including abatement of expansive soil conditions. The report shall also determine the final design parameters for walls, foundations, foundation slabs, and surrounding related improvements (e.g., utilities roadways, parking lots, and sidewalks). The measures identified in the approved report shall be incorporated into the project plans and all applicable construction-related permits.
(3) If potential fossils are discovered during project implementation, all earthwork or other types of ground disturbance within 100 feet of the find shall stop immediately until a qualified professional Paleontologist can assess the nature and importance of the find. Based on the scientific value or uniqueness of the find, the Paleontologist shall either record the find and recommend that the applicant allow work to continue or recommend salvage and recovery of the fossil. The Paleontologist shall, if required, propose modifications to the stop-work radius based on the nature of the find, site geology, and the activities occurring on the site. If treatment and salvage is required, recommendations will be consistent with Society of Vertebrate Paleontology guidelines and currently accepted scientific practice. If necessary, treatment for fossil remains shall include preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection, and, if required, shall also include preparation of a report for publication describing the finds.
(G) Greenhouse gas emissions.
(1) Prior to the issuance of any grading permits, the project applicant shall provide the City of American Canyon with documentation (e.g., site plans) demonstrating project construction will include the following construction Best Management Practices (BMPs):
(a) At least 15 percent of the construction fleet for each project phase shall be alternatively fueled or electric.
(b) At least 10 percent of building materials used for project construction shall be sourced from local suppliers.
(c) At least 65 percent of construction and demolition waste materials shall be recycled or reused.
(d) At least one contractor that has a business location in American Canyon shall be contracted for project construction.
(e) All construction contracts shall include language that requires all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers) using during construction be electrically powered.
(f) Architectural coatings used for project construction shall be "Low-VOC," containing no greater than 50 grams of volatile organic compounds (VOC) per liter of product.
(g) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure [ATCM] Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points.
(h) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
(i) The prime construction contractor shall post a publicly visible sign with their telephone number and contractor to contact. The construction contractor shall take corrective action within 48 hours. The BAAQMD's phone number shall also be identified and visible to ensure compliance with applicable regulations.
(2) Prior to issuance of any building permits, the project applicant shall demonstrate to the satisfaction of the City of American Canyon (e.g., shown on-site plans), that the proposed buildings are designed and will be built to, at a minimum, the Tier 2 advanced energy efficiency requirements of the Nonresidential Voluntary Measures of the California Green Building Standards Code, Division A5.2, Energy Efficiency, as outlined under Section A5.203.1.2.2.
(3) Prior to issuance of any building permits, the project applicant shall demonstrate to the satisfaction of the City of American Canyon (e.g., shown on site plans), that the proposed parking areas for passenger automobiles and trucks are designed and will be built to accommodate electric vehicle (EV) charging stations. At a minimum, the parking shall be designed to accommodate a number of EV charging stations equal to the Tier 2 Nonresidential Voluntary Measures of the California Green Building Standards Code, Section A5.106.5.3.2.
(4) Prior to the issuance of any building permit for a proposed project, the project applicant shall provide the City with documentation (e.g., site plans) demonstrating that the electricity demand will be satisfied with 100 percent carbon-free electricity sources, through means such as on-site solar panels, through the year 2045.
(H) Stormwater.
(1) Prior to issuance of grading permits for the proposed project, the applicant shall submit to the City of American Canyon a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit (Order No. 2009-0009-DWQ as amended) and stamped by a professional engineer with at least three years of experience in preparing stormwater plans (qualified stormwater engineer). The SWPPP shall be designed to address the following objectives: (1) all pollutants and their sources (e.g., runoff), including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity, are controlled; (2) where not otherwise required to be under a RWQCB permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; (3) site Best Management Practices (BMPs) (e.g., silt fencing, street sweeping, routine inspection, etc.) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity; and (4) stabilization BMPs are installed to reduce or eliminate pollutants after construction are completed. The SWPPP shall be prepared by a qualified SWPPP developer. The SWPPP shall include the minimum BMPs required for the identified Risk Level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Handbook–Construction or the California Department of Transportation (Caltrans) Stormwater Quality Handbook Construction Site BMPs Manual. The SWPPP shall be implemented during construction.
(2) Prior to the issuance of building permits, the project applicant shall submit a Stormwater Control Plan to the City of American Canyon signed and stamped by a qualified stormwater engineer. The plan shall be developed using the California Stormwater Quality Association (CASQA) "New Development and Redevelopment Handbook" and include applicable provisions of Section C.3 of the San Francisco Bay Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (Order No. R2-2015- 0049, NPDES Permit No. CAS612008 (or more recent permit). The Stormwater Control Plan shall identify pollution prevention measures and Best Management Practices (BMPs) to control stormwater pollution from operational activities and facilities and provide maintenance in perpetuity. The Stormwater Control Plan shall include Low Impact Development (LID) design concepts, as well as concepts that accomplish a "first flush" objective that remove contaminants from the first 2 inches of stormwater before it enters area waterways. The project applicant shall also prepare and submit an Operations and Maintenance Agreement to the City, identifying procedures to ensure stormwater quality control measures work properly during operations.
(I) Noise.
(1) Implementation of the following multi-part mitigation measure is required to reduce potential construction period noise impacts:
(a) The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers that are in good condition and appropriate for the equipment.
(b) The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited.
(c) The construction contractor shall utilize "quiet" models of air compressors and other stationary noise sources where technology exists.
(d) At all times during project grading and construction, the construction contractor shall ensure that stationary noise- generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from adjacent residences.
(e) The construction contractor shall ensure that the construction staging areas shall be located to create the greatest feasible distance between the staging area and noise-sensitive receptors nearest the project site.
(2) The construction contractor shall ensure that all on-site construction activities, including the operation of any tools or equipment used in construction, drilling, repair, alteration, grading, or demolition work, are limited to between the daytime hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction shall be permitted on Sundays and federal holidays.
(J) Landscaping.
(1) Prior to building permit issuance, Landscape plans must comply with the State of California Water Efficient Landscape Ordinance. A landscape architect shall document and attest to the compliance with the State ordinance on the landscape plans.
(2) All trees shown on the landscape plans must be 15 gallons in size or larger
(3) The landscape plans must provide cross sections for landscaping areas showing trees, landscaping, etc. that ensure that proposed trees would not be planted above proposed utilities or inappropriately planted in bio-retention areas. Landscape plans must be reconciled with any civil plans and continue to provide a robust tree palette.
(4) Prior to issuance of a certificate of occupancy, the project landscape architect shall certify that all plant materials have been installed in accordance with the landscape plan submitted with the application materials.
(5) All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support.
(6) Clear sight triangles shall be maintained at all driveways. Low-lying plantings and other site fixtures, including signs, shall be no taller than 30 inches within the site vision triangles.
(7) All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing, and regular watering. Whenever necessary, planning shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Required irrigation systems shall be maintained in sound operating conditions with heads periodically cleaned and replaced when missing to insure continued regular watering of landscaped areas, and health and vitality of landscape materials.
(K) Building and Safety.
(1) Construction and grading activities on the site shall be limited to between 7:00 a.m. and 6:00 p.m. Monday through Friday. Work between the hours of 6:00 p.m. and 7:00 a.m. and work on weekends and holidays requires prior written approval from the Building Official. If weekends and holiday work is approved construction and grading activities on the site shall be limited to between 8:00 a.m. to 6:00 p.m. on Saturdays and between 10:00 a.m. and 6:00 p.m. on Sundays and State and federal holidays.
(2) All construction plans and buildings onsite shall conform to the California Code of Regulations, Title 24. All building plans shall include all necessary recommendations from the Geotechnical Report for the site, to be superseded only by the California Code if any conflicts arise.
(3) Prior to the final inspection, the applicant or developer shall submit a letter of certification to the Building Official from the project architect, civil engineer, and landscape architect certifying that all improvements have been constructed in accordance with the approved building plans. A Certified Access Specialist (CASP) shall also submit a letter certifying that all improvements have been constructed in compliance with applicable State and federal accessibility standards. Determination of consistency shall be subject to the review and approval of the Building Official.
(4) Prior to issuance of a building permit, the applicant shall submit a Construction Waste Management Plan for the diversion of at least 65 percent of the debris from the building demolition and construction. The plan shall include the qualified recycler that will be used, the methods of managing diversion of construction materials on site, and the proposed documentation that will be submitted to confirm that the diversion goal has been met.
(L) Fire Protection.
The following conditions shall be satisfactorily addressed on the building permit submittal:
(1) Prior to issuance of any building permits, the project applicant shall pay Fire Impact Fees (see current Standards Fees and Charges adopted by resolution).
(2) Where a qualified engineer determines that the payment of Fire Impact Fees will not be sufficient to compensate the American Canyon Fire Protection District (ACFPD) for any identified fire service deficiencies attributable solely to the proposed project, the project applicant shall, prior to the issuance of building permits, take whatever additional steps (e.g., the formation of a Mello-Roos Community Facilities District or similar financing mechanism) to make up for such deficiency.
(3) There shall be no deferred submittals for fire protection equipment and related utilities. Fire protection plans shall not be attached to or bound with the building plan submittal package. This includes but is not limited to Automatic Fire Sprinkler, Fire Alarm, Fixed Fire Protection, and Civil plans.
(4) All fire-related underground piping and fire appurtenances shall be shown on the Civil plan submittal, at least one (1) plan set under separate cover shall be submitted to the Building Division for routing to the Fire Protection District detailing all underground piping and related fire appurtenances including but not limited to underground piping, underground sweep detail, underground trench details showing depth of burial, type of backfill, manufacturer's specifications of piping, valve joints, fittings and calculated size and locations of thrust blocks, hydrant locations (designate public or private), gate shut-off valves, PIVs, FDCs, fire pumps, fire pump and/or riser rooms. The applicant will need to submit all related fire information on a separate plan for fire review. The fire-related portions of the Civil plan shall not be bound with the building plan.
(5) Prior to issuance of a building permit, the underground utility contractor, architect, and fire sprinkler contractor shall coordinate the location of risers and control valves.
(6) An approved water supply capable of supplying the required fire flow for fire protection systems shall be provided to all premises upon which facilities or buildings are hereby constructed or moved into or within the City. Required fire flow and hydrant distribution shall be in accordance with Appendix B and C of the California Fire Code. The square footage of each building and the required fire flow information must be demonstrated on the plan submittal. The number and spacing of onsite fire hydrants shall meet requirements of the California Fire Code.
(7) New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, City standards and nationally recognized standards.
(8) The fire protection equipment shall be located within an interior room having an approved exterior access door or in an exterior enclosure attached to the building, specifically, for the purpose of housing such equipment.
(9) Prior to issuance of a building permit, a fire department circulation plan using the City's ladder struck and demonstrating clear turning movements into and out of the project shall be provided. The final design of fire department access components shall be reviewed and approved by the Fire Marshal prior to installation. The circulation plan must show how a fire apparatus can position near the building on either side, with the ability to turn the apparatus around to leave the project site.
(10) Fire apparatus access roads shall be designed in accordance with provisions set forth in the California Fire Code Chapter 5 and Appendix D as amended by the City and the applicable Public Works Standard.
(11) Fire apparatus access roads shall have an unobstructed minimum width of 20 feet (curb to curb) and a minimum unobstructed vertical clearance of 13' 6". Such roads shall have an all-weather paved surface capable of supporting a GVW of 71,000 pounds.
(12) Fire apparatus access roads shall be completed with all-weather surfaces prior to the stockpiling of combustible materials or beginning combustible construction. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. If this cannot be achieved, fire apparatus turn-arounds will be needed.
(13) Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. Vertical traffic calming in the form of speed bumps, humps or dips are prohibited along fire access roads without prior approval from the Fire Code Official. The minimum width and clearances established in Section 503.2.1 shall be maintained at all times.
(14) When required by the Fire Chief, fire apparatus access roads shall be designated as Fire Lanes and appropriate signs and/or markings installed in accordance with the California Vehicle Code and approved City standards.
(15) Where applicable, plan submittals shall include locations of fire lane red curbing and fire lane signage. Please refer to and include City Public Works Standard FP-2A & 2B with plan submittals for permitting.
(16) The City requires that a fire hydrant be in service within 250 feet of the furthest point of construction prior to the stockpiling of combustible materials for the beginning of construction.
(17) The Fire Department Connections (FDCs) shall be located not more than 100ft. from the nearest fire hydrant.
(18) Plans submitted for permit shall include City of American Canyon "Underground" standards, detail drawings and the applicable City of American Canyon Public Works Standard detail (W-7A, B, C or D) for Fire Service double detector check installations. A separate set of plans shall be submitted detailing all related underground fire utilities and appurtenances including but not limited to, all underground piping, type, sizes, depth of burial, fittings, thrust blocks, risers, pumps, hydrants, FDCs, etc.
(19) System Protection Area Limitations NFPA 13-8.2.1 Maximum floor area on any one floor to be protected by sprinklers supplied by any one sprinkler system riser or combined system riser shall be as follows.
(a) Light Hazard – 52,000 sf – per riser
(b) Ordinary Hazard - 52,000 sf – per riser
(c) *Extra Hazard – Hydraulically calculated - 40,000 sf – per riser
(d) Storage – High-piled storage (as defined in 3.9.1.16) and storage covered by other NFPA standards – 40,000 sf – per riser
(M) Public Works.
(1) The applicant shall be responsible for all City plan check and inspection costs. The applicant shall establish a Developer Deposit Account with the City upon the initiation of plan check services. The amount of the initial deposit shall be determined by the City Engineer. Additional funds may be required based upon actual costs.
(2) All improvements shall be designed in accordance with the American Canyon Municipal Code (ACMC), City of American Canyon Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these conditions.
(3) All new utilities to serve the project, shall be placed underground with the exception of surface-mounted transformers, pedestal mounted terminal boxes, and meter cabinets.
(4) Unless otherwise explicitly permitted, all existing wells, septic tanks, and/or underground fuel storage tanks shall be abandoned under permit and inspection of Napa County Department of Environmental Services or other designated agency. If there are none, the project engineer shall provide a letter describing the scope of the search done to make this determination.
(5) A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted. The report shall address, at a minimum, potential for liquefaction, R-values, expansive soils, and seismic risk. The applicant's Building Permit Plan Set (including grading, utility, landscape, and building plans) shall incorporate all design and construction criteria recommended in the Geotechnical Report.
(6) A drainage report prepared by a California Registered Civil Engineer shall be submitted with the initial submittal of the Building Permit Plan Set. The report shall include detailed hydrologic and hydraulic calculations to support the design and sizing of all public and private drainage facilities including storm drains and detention facilities. The report shall address existing downstream storm drain facilities and hydraulic conditions which may impact the design of proposed facilities and improvements.
(7) A final detailed post-construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction stormwater treatment BMPs shall be prepared and submitted to the City Engineer. The SWCP shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ).
(8) A Post Construction Stormwater Operations Maintenance Plan meeting the definition found in Chapter 14.28 that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be signed and stamped by a qualified stormwater engineer and submitted to the City Engineer. The property owner(s) shall enter into an agreement with the City that provides the terms, conditions, and security associated with the ongoing requirements of the post-construction stormwater BMPs.
(9) The applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite improvements. The applicant shall prepare all necessary legal descriptions and deeds.
(10) To the extent any offsite public improvements require the acquisition of property not currently owned by the applicant or the City, the applicant shall first make a good-faith effort to acquire the necessary property rights; however, if the applicant makes such an effort and is unable to acquire such rights, then the applicant may request the City acquire the necessary property rights through the exercise of eminent domain provided that the applicant first enters into an agreement with the City to pay for all costs incurred by the City to acquire such rights and if the City does not acquire the rights necessary to allow the offsite public improvements to be completed by the applicant within the statutory timeline provided by law, then the applicant shall be relieved of the obligation to construct those off-site improvements only to the extent they require property not currently owned by the applicant or the City. The applicant shall make a good-faith effort to identify and acquire the necessary property rights at the earliest opportunity.
(11) The applicant shall submit the Building Permit Plan Set, prepared by a registered Civil Engineer, to the City's Public Works Department. This is a separate submittal from the building permit application. The final plan set shall include all civil, landscape and joint trench drawings under a single cover sheet. No final grading or other construction shall be performed until the Building Permit Plan Set has been approved. The applicant shall not begin clearing, grubbing, or rough grading prior to the approval of the Building Permit Plan Set, unless explicitly approved by the City through the standard grading and utilities only permit process. An Encroachment Permit is required for any work within City right-of-way. Encroachments Permits will not be issued prior to the approval of the Improvement Plans.
(12) All public water service laterals or services (domestic, recycled, and fire water) shall include approved backflow prevention devices.
(13) Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices and other metal appurtenances, regardless of the findings of any soils corrosivity analysis.
(14) The applicant shall keep adjoining public and private streets free and clean of project, direct, mud, materials, and debris during the construction period in accordance with SWPPP using appropriate BMPs and as is found necessary by a qualified professional civil engineer.
(15) If any hazardous material is encountered during the construction of this project, all work shall be immediately stopped and the Fire Department, Napa County Department of Environmental Services or other designated agency, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
(16) Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed, and service connections stubbed out behind the sidewalk. Public utilities, cable tv, sanitary sewers, and water lines shall be installed in a manner that will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made.
(17) Where soil or geologic conditions encountered in grading operations are different from that anticipated in the Soil and/or Geologic Investigation Report, or where such conditions warrant changes to the recommendations contained in the original Soil Investigation, a revised Soil or Geologic Investigation Report shall be submitted for approval by the City Engineer.
(18) All new fire hydrants shall be covered with burlap sacks until the hydrants have been tested and found to be in conformance with City flow requirements. No storage of combustible materials or construction of building shall be permitted until all hydrants meet City flow requirements.
(19) Prior to placing the final lift of asphalt, all public storm drains and sanitary sewer lines shall be video inspected at the applicant's expense. All video media (CD, DVD, or portable hard drive) shall be submitted to the City. If any inadequacies are found, they shall be repaired prior to the placement of the final lift of asphalt.
(20) All streets, curbs, gutters, sidewalks or other public facilities damaged in the course of construction associated with the project shall be the responsibility of the applicant and shall be repaired to the satisfaction of the City at the applicant's expense.
(21) After all the new underground utilities within existing public streets have been installed, the entire affected areas shall be milled and repaved to present a neat finished pavement area. Multiple trench patches are not acceptable.
(22) All construction stormwater pollution prevention BMPs shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ, as amended), the applicant's SWPPP, and the City's Erosion and Sediment Control Plan in accordance with the City's MS4 Permit. All stormwater BMPs shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD) and Qualified SWPP Practitioner (QSP).
(23) With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than American Canyon potable water sources. The applicant shall provide verification that an outside source of construction water, e.g., recycled water, has been established and will be available for the duration of the project construction.
(24) Plans submitted to Public Works shall be tied to the State of California coordinate system.
(25) The applicant shall construct all of the on-site private streets, water, recycled water, sewer, storm drainage and stormwater quality Private Improvements described below. All private street, water, recycled water, sewer, storm drainage and stormwater quality improvements shall be designed in accordance with City Standards, except as specifically noted otherwise in these Standard Conditions.
(a) Storm Drain Facilities: Construct private on-site drainage facilities, detention facilities, and other appurtenances to collect and convey all surface drainage to an approved private storm drain facility or outfall. Onsite drainage facilities shall provide for the positive drainage of all adjacent upstream or upgrade properties to prevent ponding. Existing run-on from adjacent properties shall not be obstructed and shall be conveyed onsite. Off-site peak storm water discharge shall not exceed 90 percent of the undeveloped peak flow from the 24-hour, 100-year event. The storm drains and detention facilities shall be substantially consistent with any preliminary plans. The sizing of all storm drains and detention facilities shall be determined by the approved final drainage report.
(b) Stormwater Quality Facilities: Permanent on-site private post-construction stormwater treatment BMPs shall be designed and constructed in accordance with the approved final SWCP.
(c) Recycled Water Services: Separate recycled water services shall be provided for domestic non-potable uses and irrigation uses.
(26) The applicant shall reimburse the City for the project's fair share of the costs for improvements to transportation facilities needed to handle traffic associated with the project within City level of service (LOS) requirements, as determined by the City Engineer with input from the applicant and the applicant's traffic consultant.
(27) The applicant shall reimburse the City for the project's fair share of the costs for any improvements to of the City's wastewater treatment pipeline system and treatment plant needed to handle wastewater generated by the project.
(28) Prior to submittal of the Building Permit Plan Set, the applicant shall:
(a) Submit to the City a Building Permit Plan Set modeled on the City's "Improvement Plan Checklist."
(b) Pay an initial cash deposit for City plan check services in an amount to be determined by the City prior to the time of submittal. The project engineer shall contact City staff to discuss submittal details to determine initial deposit amount.
(c) Provide the following:
(i) Public Street Repair Plan
(ii) Utility Plan and Joint Trench Plan
(iii) SWPPP and City Erosion and Sediment Control Plan
(iv) Drainage Report
(v) Post-Construction SWCP
(vi) Geotechnical Report
(vii) Construction Traffic Control Plan
(viii) Traffic Impact Study
(ix) Application for Water and Sewer Service
(29) Pothole and physically determine (by way of a survey performed by the Engineer of Record) the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work and provide the design of all new utility installations required to serve the project including a schedule for implementation of such work as to prevent disrupting of utility service to adjacent properties.
(30) Prior to approval of the Building Permit Plan Set, the applicant shall:
(a) Provide written acknowledgement by the Geotechnical Engineer of Record that the plans incorporate all design and construction criteria specified in the Geotechnical Report.
(b) Furnish proof of acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the plans.
(c) Furnish proof that all permits that may be required by the California Department of Fish & Wildlife, State and Regional Water Quality Control Board, U.S. Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained.
(d) Fill out and submit the City's Erosion and Sediment Control Plan (ESCP) Template. Applicant may refer to a SWPPP, as appropriate, by referencing page number within the SWPPP that addresses the requirements of the ESCP.
(e) Submit a copy of the Notice of Intent and Wastewater Discharge Identification Number (WDID#) for coverage under the State Water Resources Control Board's General Construction Permit for Stormwater Discharge Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ).
(31) Prior to commencement of construction activities, the applicant shall:
(a) Pay off all current account balances with the City.
(b) Pay an inspection fee in an amount to be determined at the time of commencement for the City's inspection of the Public Improvements.
(c) Conduct a pre-construction meeting with representatives of the City whereby the applicant, the Legally Responsible Party (LRP), Qualified SWPPP (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
(i) Six (6) full-size bond copies of the approved Building Permit Plan Set for the City's use.
(ii) One (1) job-site copy of the latest edition of the City Standards for the Contractor's use.
(iii) One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor.
(iv) Electronic copies of Building Permit Plan Set and SWPPP.
(32) Prior to approval of a building permit, the applicant shall pay all account balances and current City and American Canyon Fire District fees (Mitigation & Capacity) based on the rates in effect at the time of permit issuance. These fees include but may not be limited to the following: Traffic Mitigation, General Plan Update, Civic Facilities, Fire District, Water Capacity, Wastewater Capacity, Zero Water Footprint Mitigation, and Affordable Housing Nexus.
(33) Prior to issuance of the first building permit, the applicant shall enter into a Recorded Transportation Demand Management Program Agreement (TDM Agreement) encompassing the entire project. The TDM Agreement shall be based on a traffic study prepared by a qualified transportation engineer. The study shall address whether the proposed project is consistent with the City's traffic level of service (LOS) policy as set forth in Guiding Policy 1.6 of the Circulation Element of the City of American Canyon General Plan, which is to "[a]chieve and maintain a Multimodal LOS D or better for roadways and intersections during peak-hours where possible and as long as possible," and shall include the components set forth in paragraphs a and b below.
(a) Where the traffic study shows that a TDM agreement is necessary to achieve consistency with Guiding Policy 1.6, the TDM Agreement shall include a financial guarantee to the City in order to ensure the effectiveness of the TDM Agreement in achieving consistency with the Guiding Policy. Depending on the results of the traffic study, this guarantee may address the need to achieve specific AM peak-hour volumes and/or specific PM peak-hour volumes attributable to the project.
(b) The TDM program shall be implemented at the applicant's cost, with no cost to the City, regardless of the eventual mix of uses and shall at a minimum include a permanent vehicle counting station at each public access point. The TDM program shall include a requirement to start and end workday shifts during off-peak hours (i.e., not between 7:00 a.m. to 9:00 a.m. or 3:00 p.m. to 6:00 p.m.).
In addition to requiring off-peak workday shift changes, additional examples of measures that may be considered as part of an effective TDM program include but are not limited to the following:
(i) Implement shuttle service to key employment centers or park-and-ride lots in the area for those employees whose workday shift start during peak hours.
(ii) Car-share program
(iii) Shuttles to regional transit
(iv) Transit subsidies
(v) Carpool/vanpool subsidies
(vi) Employer-owned/sponsored vanpools
(vii) Flex-time and telecommute programs
(viii) Use of rail to transport employees and/or the delivery of goods
(c) The applicant shall retain a transportation planning/engineering consultant to analyze the effectiveness of the TDM program in a written report. The TDM Report will include data collected from the permanent vehicle counting station and a determination of employee commute methods, which shall be informed by surveying all employees working at the site. The TDM Report shall be submitted to the City on a periodic on-going basis and it shall form the basis of on-going determinations as to the effectiveness of the TDM program.
(d) If at any point the TDM program is not effective in achieving consistency with Guiding Principle 1.6, the applicant shall take additional steps in order to achieve such consistency. Possible steps could include the payment of Traffic Impact Fees or enhancements or additions to the measures included in the original TDM Program.
(34) Prior to occupancy of any building, the applicant shall:
(a) Restore all adjacent off-site road surfaces to pre-project conditions (if applicable).
(b) Submit a certification by the Geotechnical Engineer of Record that all work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report.
(c) Provide a mylar and digital copy of the Building Permit Plan Set that includes all as-built or field changes, digital (.pdf) and AutoCAD (.dwg) format, compatible with the City's current version, and tied to the City's coordinate system.
(d) Provide a letter stating that all of the Standard Conditions of Approval set forth in this section have been met.
(e) Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed and inspected in substantial conformance with the approved plans and City Standards.
(f) Enter and record a post-construction Stormwater Operations and Maintenance Agreement with the City.