{ "municipality": "City of Davis, CA", "guid": "DA4922", "source": "https://ecode360.com/DA4922", "exportedAt": "2026-10-31T03:39:58.606Z", "articles": [ { "guid": "44632384", "title": "IN GENERAL", "number": "1.01", "url": "https://ecode360.com/44632384", "sha256": "b87404905cf85a599257ebfd5b0bf1ddd8534f3c3e6b529bb0739639ca2b50e5", "exportedArticleSha256": "1fb10d7fcffc97c87d88d57a2b2af2e5d503922a0cae65807d54f9d5aced5097", "sections": [ { "guid": "44632385", "number": "§ 1.01.005", "title": "Code adopted.", "text": "There is hereby adopted the \"Davis Municipal Code,\" as compiled, edited and published by Book Publishing Company, Seattle, Washington.", "history": "(Ord. 2012 § 1, 1999)" }, { "guid": "44632386", "number": "§ 1.01.010", "title": "Title—Citation—Reference.", "text": "This Code shall be known as the \"Davis Municipal Code\" and it shall be sufficient to refer to said Code as the \"Davis Municipal Code\" in any prosecution for the violation of any provision thereof or in any proceeding of law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the \"Davis Municipal Code.\" References may be made to the titles, chapters, sections and subsections of the \"Davis Municipal Code\" and such references shall apply to those titles, chapters, sections or subsections as they appear in the Code.", "history": "(Ord. 1313 § 1; Ord. 2012 § 2, 1999)" }, { "guid": "44632387", "number": "§ 1.01.015", "title": "Ordinance passed prior to adoption of the Code.", "text": "The last ordinance included in this Code was Ordinance No. 1966. The following ordinances, passed subsequent to Ordinance No. 1966, but prior to the adoption of this Code, are hereby adopted and made a part of this Code: 1967, 1968, 1969, 1970, 1972, 1975, 1976, 1983, 1984, 1985, 1986, 1987, 1992, 1995, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007.", "history": "(Ord. 2012 § 6, 1999)" }, { "guid": "44632388", "number": "§ 1.01.020", "title": "Definitions and rules of construction.", "text": "In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:City.The words \"the city\" or \"this city\" shall be construed as if followed by the words \"of Davis.\"Code.The words \"the Code\" or \"this Code\" shall mean \"The Davis Municipal Code,\" and any amendment or addition thereto.Computation of time.The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.Council.Whenever the words \"city council\" or \"council\" are used in this Code, they shall be construed to mean the city council of the City of Davis.County.The words \"the county\" or \"this county\" shall mean the County of Yolo.Day.A day is the period of time between any midnight and the midnight following.Daytime, nighttime.\"Daytime\" is the period of time between sunrise and sunset. \"Nighttime\" is the period of time between sunset and sunrise.Gender.Each gender designation shall be construed as including masculine, feminine and neuter. Alternating gender designations such as \"he or she\" shall also be construed as including the masculine, the feminine and the neuter gender.In the city.The words \"in the city\" shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.Joint authority.All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.Month.The word \"month\" shall mean a calendar month.Number.The singular number includes the plural, and the plural the singular.Oath.\"Oath\" includes an affirmation.Officers, departments, etc.Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Davis, unless the context clearly indicates otherwise.Official time.Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.Owner.The word \"owner,\" applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.Person.\"Person\" includes any person, firm, association, organization, partnership, business trust, corporation or company.Personal property.Personal property includes every species of property, except real property, as defined in this section.Preceding, following.The words \"preceding\" and \"following\" mean next before and next after, respectively.\"Process\"includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.Property.The word \"property\" shall include real and personal property.\"Real property\"shall include lands, tenements and hereditaments.Shall, may.\"Shall\" is mandatory and \"may\" is permissive.Signature or subscription by mark.\"Signature\" or \"subscription\" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.State.The words \"the state\" or \"this state\" shall be construed to mean the State of California.Street.All streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may be dedicated and open to public use, or such other public property so designated in any law of this state.Tenant or occupant.The words \"tenant\" or \"occupant,\" applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.Tenses.The present tense includes the past and future tenses, and the future includes the present.Week.A week consists of seven consecutive days.Writing.Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.Year.The word \"year\" shall mean a calendar year, except where otherwise provided.", "history": "(Code 1964 § 1-2.01)" }, { "guid": "44632420", "number": "§ 1.01.030", "title": "Acts by deputy.", "text": "Whenever a power is granted to or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by any person otherwise duly authorized pursuant to law or ordinance unless this Code expressly provides otherwise.", "history": "(Code 1964 § 1-3.05)" }, { "guid": "44632421", "number": "§ 1.01.040", "title": "References to specific ordinances.", "text": "The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.", "history": "(Code 1964 § 1-3.02; Ord. 2012 § 5, 1999)" }, { "guid": "44632422", "number": "§ 1.01.050", "title": "Effect of Code on past actions and obligations.", "text": "The adoption of this Code does not affect prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.", "history": "(Code 1964 § 1-1.03; Ord. 2012 § 7, 1999)" }, { "guid": "44632423", "number": "§ 1.01.060", "title": "References to prior code.", "text": "References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this Code.", "history": "(Code 1964 § 1-1.04; Ord. 2012 § 9, 1999)" }, { "guid": "44632424", "number": "§ 1.01.070", "title": "Catchlines of sections, chapters, etc.", "text": "The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.Chapter, article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article or section hereof.", "history": "(Code 1964 § 1-3.03)" }, { "guid": "44632425", "number": "§ 1.01.080", "title": "Reference applies to all amendments.", "text": "Whenever a reference is made to this Code as the \"Davis Municipal Code\" or to any portion thereof, or to any ordinance of the City of Davis codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.", "history": "(Code 1964 § 1-3.04; Ord. 2012 § 3, 1999)" }, { "guid": "44632426", "number": "§ 1.01.090", "title": "Territorial application of Code.", "text": "This Code shall refer only to the omission or commission of acts within the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.", "history": "(Code 1964 § 1-3.10)" }, { "guid": "44632427", "number": "§ 1.01.095", "title": "City authority to enforce applicable state laws.", "text": "The city shall have the authority to enforce all applicable state laws, regulations, and legally enforceable orders with any duly adopted amendments using any valid enforcement mechanism defined by Chapter 1 of the Davis Municipal Code, and applicable state law.", "history": "(Ord. 2648 § 1, 2023)" }, { "guid": "44632428", "number": "§ 1.01.100", "title": "Constitutionality.", "text": "If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.", "history": "(Code 1964 § 1-1.05; Ord. 2012 § 8, 1999)" }, { "guid": "44632429", "number": "§ 1.01.110", "title": "Penalties.", "text": "Whenever in this Code or in any other ordinance of the city or in any rule or regulation promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the city or any such rule or regulation shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such violations may also be redressed by civil action.Except as otherwise specified in this Code, every day any violation of this Code or any other ordinance of the city or any such rule or regulation shall continue shall constitute a separate offense.In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this city, summarily abated, and a new and separate offense shall be deemed to exist each day such condition continues.Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.", "history": "(Code 1964 §§ 1-4.01, 1-4.02; Ord. 788 § 1; Ord. 2390 § 5, 2012)" }, { "guid": "44632430", "number": "§ 1.01.120", "title": "Imposition of penalty.", "text": "The provisions of this Code and other ordinances which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.", "history": "(Code 1964 § 1-4.03)" }, { "guid": "44632431", "number": "§ 1.01.130", "title": "Punishment determination.", "text": "Whenever in this Code or other city ordinances, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.", "history": "(Code 1964 § 1-4.04)" }, { "guid": "44632432", "number": "§ 1.01.140", "title": "Place of confinement.", "text": "Every person found guilty of violating any of the provisions of this Code or any other city ordinance and sentenced to imprisonment shall be imprisoned in the County Jail.", "history": "(Code 1964 § 1-4.05)" }, { "guid": "44632433", "number": "§ 1.01.150", "title": "Notice to appear in court for violations.", "text": "If any person is arrested for the violation of any provision of this Code or any ordinance of the city and such person is not immediately taken before a magistrate as prescribed in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.", "history": "(Code 1964 § 1-5.01)" }, { "guid": "44632434", "number": "§ 1.01.160", "title": "Violation of written promise to appear in court.", "text": "Any person wilfully violating his or her written promise to appear in court is guilty of a separate violation of this Code, regardless of the disposition of the charge upon which he or she was originally arrested.When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised.", "history": "(Code 1964 § 1-5.02, 1-5.03)" }, { "guid": "44632435", "number": "§ 1.01.170", "title": "Notice and service.", "text": "Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made in this Code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.", "history": "(Code 1964 § 1-3.06)" }, { "guid": "44632436", "number": "§ 1.01.180", "title": "Notice and proof.", "text": "Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.", "history": "(Code 1964 § 1-3.07)" }, { "guid": "44632437", "number": "§ 1.01.190", "title": "Place for posting public notices designated.", "text": "The following public place in the city is hereby designated as the place for posting public notices in accordance with Section 54954.2 of the Government Code of the state: the bulletin board at the main entrance of the City Hall.", "history": "(Code 1964 § 9-1.01; Ord. 814 § 1; Ord. 2390 § 4, 2012)" }, { "guid": "44632438", "number": "§ 1.01.200", "title": "Procedure for claims.", "text": "(a) Scope. This section shall govern all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this section \"claims\").(b) Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator. No claims may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition all claims shall contain all of the following as required under California Government Code Section 910:(1) The name and post office address of the claimant;(2) The post office address to which the person presenting the claim desires the notices to be sent;(3) The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted;(4) A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim;(5) The name or names of the public employee or employees causing the injury, damage, or loss, if known;(6) The amount claimed if it totals less than ten thousand dollars as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or other loss, insofar as it may be know at the time of presentation of the claim, together with the basis of computation of the amount claimed. If the amount exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.(c) Timing of claim. All claims for money damages shall be brought according to the following requirements:(1) Claims for personal or property injury shall be brought not later than six months after the accrual of the cause of action;(2) All other types of claims shall be brought not later than one year after the accrual of the cause of action.(d) Written agreements. Pursuant to Chapter 5 (commencing with Section 930) of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide that all claims arising out of or related to the agreement must be presented not later than one year after the accrual of the cause of action. Such claims shall be governed by this section.(e) Claim prerequisite to suit. In accordance with California Government Code Section 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city council prior to filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.(f) Suit. Any action brought against the City of Davis upon any claim or demand shall conform to the requirements of Section 940-949 of the California Government Code. Any action brought against any employee of the City of Davis shall conform with the requirements of Section 950-951 of the California Government Code.(g) No reinstatement or revival. Nothing in this section revives or reinstates any cause of action which, on the effective date of the ordinance codified in this section, is barred by either (1) failure to comply with an applicable statute, regulation or ordinance requiring the presentation of a claim; or (2) failure to commence an action thereon within the period prescribed by an applicable statute of limitations.(h) Retroactivity. Subject to subsection (g) of this section, where a cause of action accrued prior to the effective date of this section, the provisions of this section shall apply retroactively to such cause of action, and to any claim heretofore or hereafter presented relating to such cause of action.", "history": "(Ord. 1365 § 1; Ord. 2065 § 1, 2001)" } ] }, { "guid": "44632455", "title": "ADMINISTRATIVE CITATIONS", "number": "1.02", "url": "https://ecode360.com/44632455", "sha256": "b87404905cf85a599257ebfd5b0bf1ddd8534f3c3e6b529bb0739639ca2b50e5", "exportedArticleSha256": "9f042d770dc786045f731c2aee19e1c9ad11a498342551f447bf1e720b888a75", "sections": [ { "guid": "44632456", "number": "§ 1.02.010", "title": "Purpose and applicability.", "text": "(a) To address the variety of circumstances that may arise in conjunction with addressing violations of the Davis Municipal Code, including, but not limited to, nuisance regulations, such as difficult and/or recurrent cases. The following mechanisms shall facilitate a prompt and responsive code compliance program. The city council finds that there is a need to establish several mechanisms, including fines.(b) This chapter provides for administrative citations as provided in Government Code Section 53069.4.(c) The remedies provided by this chapter are in addition to all other legal remedies, administrative, criminal and/or civil, which may be pursued by the city to address any violation of this Code.(d) Use of this chapter shall be at the sole discretion of the city.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632461", "number": "§ 1.02.020", "title": "Code compliance administrator—Defined—Authority.", "text": "(a) For purposes of this chapter, a code compliance administrator shall mean any city employee or agent of the city with the authority to enforce any provision of this Code.(b) The code compliance administrator has authority to issue administrative citations pursuant to this chapter.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632464", "number": "§ 1.02.030", "title": "Administrative citation.", "text": "(a) Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer may issue an administrative citation to any person responsible for the violation.(b) Each administrative citation shall contain the following information:(1) The date of the violation;(2) The address or a definite description of the location where the violation occurred;(3) The section of this Code violated and a description of the violation;(4) The amount of the fine for the code violation;(5) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;(7) An order to correct the code violation described in the administrative citation if said violation is correctable as described in Chapter 23, Nuisance Regulations;(8) A description of the administrative citation review process, including the time period within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained and an advance deposit waiver; and(9) The name and signature of the citing enforcement officer.(c) In addition to the administrative citation and penalty authorized by this chapter, an order to correct a violation under subsection (b)(7) of this section may be enforced as set forth in the chapter applicable to that violation.(d) In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issue that in the opinion of the code compliance administrator or designee, does not create an immediate danger to health, safety or public welfare, a reasonable time, not to exceed one hundred twenty days, shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what constitutes a reasonable time, the code compliance administrator may consider the estimate of local professionals including licensed contractors, but shall have sole discretion to make the final determination as to what the reasonable time shall be. In the case of such violations, the time within which the violation must be corrected in order to avoid a fine shall also be specified on the administrative citation.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632478", "number": "§ 1.02.040", "title": "Amount of fines.", "text": "(a) The amounts of the fines for violations of the Davis Municipal Code are imposed pursuant to Government Code Section 53069.4 and this chapter and shall be as follows:(1) A fine not exceeding one hundred dollars for a first violation;(2) A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;(3) A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.(4) Notwithstanding, the above, a violation of the local building and safety codes determined to be an infraction is punishable by: (A) a fine not exceeding one hundred dollars for a first violation; (B) a fine not exceeding five hundred dollars for a second violation of the same ordinance within one year; (C) a fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.(b) A ten percent late payment fee shall be imposed on any fine which is not paid within thirty days of the issuance of the citation.(c) The administrative fines outlined in this chapter are levied in addition to any recovery of costs outlined in Chapter 23 of this Code.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632486", "number": "§ 1.02.050", "title": "Payment of fine.", "text": "(a) The fine shall be paid to the city within thirty days from the date of the administrative citation.(b) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632489", "number": "§ 1.02.060", "title": "Hearing request.", "text": "(a) Any recipient of an administrative citation may contest the existence of a violation of the code, that he or she is the responsible party, or any order issued under Section 1.02.030(b) by completing a request for hearing form and returning it to the city within fourteen days from the date of the administrative citation, together with an appeal fee or a hardship waiver form pursuant to Sections 1.02.060 and 1.02.070.(b) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.(c) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632493", "number": "§ 1.02.070", "title": "Advance deposit hardship waiver.", "text": "(a) Any person who intends to request a hearing under Section 1.02.060 and who is financially unable to make the advance deposit of the fine as required in Section 1.02.070 may file a request for a waiver.(b) The request shall be filed with the city on a hardship waiver form within ten days of the date of the administrative citation.(c) The requirement of depositing the full amount of the fine as described in Section 1.02.060 shall be stayed until the city makes a determination not to grant the advance deposit hardship waiver.(d) The city may grant the hardship waiver only if the cited party submits a sworn declaration, together with any supporting documents or materials, which demonstrates his or her financial inability to deposit with the city the full amount of the fine in advance of the hearing.(e) If the city determines not to issue a deposit hardship waiver, the cited party shall remit the deposit to the city within ten days of the date of that decision or fourteen days, per Section 1.02.060, from the date of the administrative citation, whichever is later.(f) The city shall issue a written determination of its reasons for granting or denying an advance deposit hardship waiver. This written determination shall be final.(g) The written determination shall be served upon the applicant for the advance deposit hardship waiver by first class mail.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632501", "number": "§ 1.02.080", "title": "Hearing officer.", "text": "The city manager shall designate the hearing officer for administrative citation hearings.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632502", "number": "§ 1.02.090", "title": "Hearing procedure.", "text": "(a) No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1.02.060 or a deposit hardship waiver has been granted in accordance with Section 1.02.070.(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than thirty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine, a failure to exhaust his or her administrative remedies and consent to any order issued pursuant to Sections 1.02.030(b)(6) and (7).(e) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.(f) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632509", "number": "§ 1.02.100", "title": "Hearing officer's decision.", "text": "(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.(b) If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.(c) If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to a hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.(d) If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine or the amount paid in excess of the reduced fine, together with interest at the average rate earned on the city's portfolio for the period of time that the fine or excess fine amount was held by the city.(e) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.(f) The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount or number of administrative citation fines upheld by the hearing officer.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632516", "number": "§ 1.02.110", "title": "Late payment charges.", "text": "Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines, as well as interest at the legal rate.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632517", "number": "§ 1.02.120", "title": "Recovery of administrative citation fines and costs.", "text": "The city may collect any past due administrative citation fine or late payment charges by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The city also may recover its collection costs. Special assessment liens against property may only be applied when the administrative citation fine was issued for a violation directly connected to the property.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632518", "number": "§ 1.02.130", "title": "Right to judicial review.", "text": "Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition seeking review in accordance with Government Code Section 53069.4.", "history": "(Ord. 2222 § 1, 2005)" }, { "guid": "44632519", "number": "§ 1.02.140", "title": "Notices.", "text": "(a) Whenever a notice or report is required to be given or provided under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his or her last-known business or residential address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in a United States mail box.(b) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.(c) Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.", "history": "(Ord. 2222 § 1, 2005)" } ] }, { "guid": "44632566", "title": "CITY COUNCIL", "number": "2.01", "url": "https://ecode360.com/44632566", "sha256": "d9a88740c706d35fc459b1a1b66ff1d4b76fa60d467e8ddd550f5bd85e2761cc", "exportedArticleSha256": "d8c63ecb9f74e3328c380f53d899d3da6f14945a88e532f7dc919cb12ea646f5", "sections": [ { "guid": "44632567", "number": "§ 2.01.010", "title": "Meetings—Regular and adjourned.", "text": "The city council shall hold regular meetings on Tuesday nights of each month with the exception of the month of August, during which the city council shall meet at least once at an adjourned regular or special meeting on such date in August as the city council shall determine. Specific dates of regular meetings shall be established annually by resolution to best benefit the calendar of the city council and community. Regular meetings shall not be held on any night preceding a legal holiday. Open sessions of regular meetings shall commence at 6:30 p.m.; closed sessions may begin earlier than 6:30 p.m. as needed. The city council may adjourn any regular meeting to a date certain. Such adjourned meeting may likewise be adjourned, and any meeting so adjourned shall be a regular meeting for all purposes.", "history": "(Code 1964 § 2-1.03; Ord. 631 § 1; Ord. 705 § 1; Ord. 1493 § 1; Ord. 1606 § 1; Ord. 1623 § 1; Ord. 1648 § 1; Ord. 1865 § 1; Ord. 2080 § 1, 2002; Ord. 2132 § 1, 2003)" }, { "guid": "44632568", "number": "§ 2.01.020", "title": "Meetings—Special.", "text": "(a) Special meetings may be called at any time by the mayor or by three members of the city council, by written notice delivered to each member at least twenty-four hours before the time specified for the proposed meeting. At any special meeting the power of the city council to transact business shall be limited to matters referred to in such written notice.(b) In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held at the hour set forth in this article prescribing the time for regular meetings.", "history": "(Code 1964 § 2-1.04; Ord. 2648 § 2, 2023)" }, { "guid": "44632571", "number": "§ 2.01.030", "title": "Posting agendas.", "text": "The city clerk or his or her authorized representatives shall post an agenda for each council meeting containing a brief description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting at City Hall, in a location readily accessible to the public, at least seventy-two hours in advance of each regular meeting and at least twenty-four hours in advance of each special meeting. The city clerk shall maintain a record of such posting.", "history": "(Ord. 1411 § 1)" }, { "guid": "44632572", "number": "§ 2.01.040", "title": "Meeting—Location—Right of public to appear and speak.", "text": "All meetings whether regular or special shall be held in the City Hall, 23 Russell Boulevard, Davis, California; provided, however, that a regular or special meeting may be held at any other place permitted by law if such other place is publicly announced at a previous council meeting, whether regular or special, by the council.At every regular meeting, members of the public shall have an opportunity to address the council on matters within the council's subject matter jurisdiction.Except for matters scheduled for formal public hearing, public input and comment on matters on the agenda, as well as public input and comment on matters not otherwise on the agenda shall be made during the time set aside for public comment; provided, however, that the council may direct that public input and comment on matters on the agenda be heard when the matter regularly comes up on the agenda.The mayor may limit the total amount of time allocated for public discussion by particular issues and/or the time allocated for each individual speaker.", "history": "(Code 1964 § 2-1.05; Ord. 631 § 1; Ord. 669 § 1; Ord. 1117 § 1; Ord. 1411 § 2)" }, { "guid": "44632573", "number": "§ 2.01.050", "title": "Non-agenda items.", "text": "Matters brought before the council which were not placed on the agenda of the meeting may be discussed, but shall not be acted upon by the council at that meeting unless action on such matters is permissible pursuant to the Brown Act (Government Code, Section 54950 et seq.). Those non-agenda items brought before the council where present council action at that meeting is not so authorized shall either be placed on the agenda for a regular meeting or referred to staff, as directed by the mayor or the presiding officer.", "history": "(Ord. 1411 § 3)" }, { "guid": "44632574", "number": "§ 2.01.060", "title": "Order of business.", "text": "The city council shall, by resolution, establish the order of business to be followed in conducting the regular meetings of the city council. The order of business shall include a time for communications from the public on matters within the subject matter jurisdiction of the city council. The order of business may include a consent calendar. The mayor, with the approval of a majority of the city council, may address items out of order, if the change in order of business is necessary or convenient to the conduct of the city's business.", "history": "(Code 1964 § 2-1.06; Ord. 576 § 1; Ord. 631 § 1; Ord. 1097 § 1; Ord. 1411 § 4; Ord. 1680 § 1)" }, { "guid": "44632575", "number": "§ 2.01.070", "title": "Procedure.", "text": "(a) The city council shall adopt rules of order by resolution, but no ordinance, resolution, proceedings or other action of the city council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules.(b) The members of the city council shall address their remarks to the mayor and not to the citizens in the audience. The members of the city council shall remain seated when city council is in session unless otherwise excused by the mayor.", "history": "(Code 1964 § 2-1.07; Ord. 1865 § 1)" }, { "guid": "44632578", "number": "§ 2.01.080", "title": "Obtaining quorum.", "text": "In case a quorum shall not be present at any meeting and important business remains to be transacted or disposed of, any two members of the city council may cause a written notice to be served personally upon the other members directing their immediate attendance, whereupon the members receiving such written notice shall be required to attend immediately, except in case of sickness or death in their immediate families, otherwise they shall be liable to a fine, penalty or forfeiture to the city of twenty-five dollars, recoverable by a civil action.", "history": "(Code 1964 § 2-1.08)" }, { "guid": "44632579", "number": "§ 2.01.090", "title": "Unauthorized absence of councilmembers.", "text": "Any member of the city council who refuses to attend four consecutive meetings, when neither sick nor absent from the city, with the consent of the city council, at the time such meetings were held, shall be deemed to have forfeited his or her title to the office of city councilmember, and the remaining members or a majority thereof may cause an action to be brought in the Superior Court of the state to have his or her office declared vacant.", "history": "(Code 1964 § 2-1.09; Ord. 2320 § 1, 2008)" }, { "guid": "44632580", "number": "§ 2.01.100", "title": "Disorderly conduct at meetings.", "text": "(a) In the event that any person attending any city council meeting becomes noisy, boisterous or disorderly, the mayor or the vice mayor, if the mayor is unable to perform the essential functions of the position, with or without reasonable accommodation, or is absent, shall demand such person to cease and desist. It is hereby declared to be unlawful for such person not to cease and desist immediately after such demand, from such noisy, boisterous or disorderly conduct.(b) In the event that the audience or a portion thereof attending a city council meeting becomes noisy or unruly, the mayor is given the power to order the council chambers cleared of such audience, or such portion thereof, in compliance with all applicable law.", "history": "(Code 1964 § 2-1.10; Ord. 2390 § 6, 2012; Ord. 2593 § 2, 2020)" }, { "guid": "44632583", "number": "§ 2.01.110", "title": "Compensation of councilmembers.", "text": "(a) As provided in Section 36516 of the Government Code, each member of the city council shall receive a salary.(b) Pursuant to the provisions of Government Code Section 36516(a)(4), the compensation of each member of the city council shall be increased to a monthly salary of one thousand three hundred sixty-six dollars. This increase in compensation shall be effective at the beginning of the term of office of the councilmembers elected at the general municipal election of June 2018.", "history": "(Code 1964 § 2-1.11; Ord. 1303 § 1; Ord. 1530 § l; Ord. 1643 § 1; Ord. 1759 § 1; Ord. 1994 § 1, 1999; Ord. 2420 § 1, 2013; Ord. 2516, 2017)" }, { "guid": "44632586", "number": "§ 2.01.120", "title": "Filling vacancies.", "text": "(a) In accordance with Government Code Section 36512, if a vacancy occurs on the city council, the city council shall, within sixty days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If a special election is called, it shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election.(b) If the council determines to call a special election to fill the vacancy, the council may appoint to fill the vacancy and provide that a person so appointed holds office only until the date of a special election called to fill the remainder of the term as set forth in subsection (a) of this section.(c) Notwithstanding subsection (a) of this section, an appointment shall not be made to fill a vacancy on the city council if the appointment would result in a majority of the members serving on the council having been appointed. In that instance, the vacancy shall be filled in the following manner:(1) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than one hundred fourteen days after the call.(2) If the city council does not call an election pursuant to subsection (b)(1) of this section, the vacancy shall be filled at the next regularly established election date.(d) If authorized by state law, if the council determined to call a special election, the council may determine that that election will be conducted as an all mailed ballot election or a special election as set forth herein.", "history": "(Ord. 984 § 1; Ord. 1721 § 1; Ord. 2372 § 1, 2010; Ord. 2373 § 1, 2011; Ord. 2648 § 3, 2023)" } ] }, { "guid": "44632593", "title": "MAYOR", "number": "2.02", "url": "https://ecode360.com/44632593", "sha256": "95a3b6bacfa9b7a020750da1ea1e60c1d12507092a2f1b019e98f0f659e9e6f4", "exportedArticleSha256": "d092f4c17c6a6c7ef4a017e23c05adf0ee07257a8a512a31f26b48f116c3655a", "sections": [ { "guid": "44632594", "number": "§ 2.02.010", "title": "Election—Duties generally.", "text": "The city council shall designate one of its members to be its presiding officer, who shall have the title of mayor. The mayor shall serve a one-year term and may be selected based on criteria identified by the city council. A councilmember shall serve as mayor no more than twice per four-year city council term. The mayor shall be the official head of the city for all ceremonial purposes. The mayor shall preside at city council meetings and shall perform such other duties as may be prescribed by ordinance or as may be imposed by the city council consistent with the office. The mayor shall serve in this capacity at the pleasure of the city council.", "history": "(Code 1964, 2-1.01; Ord. 1586 § 1; Ord. 2593 § 1, 2020; Ord. 2648 § 4, 2023)" }, { "guid": "44632595", "number": "§ 2.02.020", "title": "Vice mayor.", "text": "The city council shall also designate one of its members to be vice mayor for a one-year term. The vice mayor shall perform the duties of the mayor if the mayor is absent or unable to perform the essential functions of the position with or without reasonable accommodation. The vice mayor shall serve in this capacity at the pleasure of the city council.", "history": "(Code 1964, 2-1.02; Ord. 1586 § 2; Ord. 2390 § 7, 2012; Ord. 2593 § 1, 2020)" } ] }, { "guid": "44632596", "title": "CITY MANAGER", "number": "2.03", "url": "https://ecode360.com/44632596", "sha256": "59d7a17490643c852f6705f702a59e8288d1ed4c0f103bb6c9512dba310f1907", "exportedArticleSha256": "2aa12df8acd70018c4cce7092cfef2e6c5e3cfa5e1c7e88a942e81f3ec6129ba", "sections": [ { "guid": "44632597", "number": "§ 2.03.010", "title": "Office created—Appointment and qualifications.", "text": "There is hereby created the office of city manager. The city manager shall be appointed by and serve at the pleasure of the city council and shall be chosen solely on the basis of his or her executive and administrative qualifications.", "history": "(Ord. 379 § 1; Ord. 2648 § 5, 2023)" }, { "guid": "44632598", "number": "§ 2.03.020", "title": "Powers and duties.", "text": "Subject to policy prescribed by the city council, the city manager shall have the power and it shall be his or her duty:(a) To supervise the administrative affairs of the city, except as otherwise specifically provided herein.(b) To make such recommendations to the city council concerning the affairs of the city as he or she may deem desirable, including the proposal of ordinances and resolutions he or she finds necessary for effective management or in the public interest.(c) To keep the city council advised of the financial condition and future needs of the city.(d) To see that the ordinances of the city and the applicable laws of the state are enforced.(e) To appoint, discipline and remove all officers and employees of the city under his or her jurisdiction.(f) To act as purchasing agent for the city and all of its agencies.(g) To investigate the operations of departments and other agencies of the city, and of all contracts to which the city is a party, and to assure proper performances.(h) To investigate complaints concerning utility operations and to see that all permits, privileges and franchises granted by the city are faithfully performed.(i) When directed by the city council, to represent the city in its intergovernmental relations, and to negotiate contracts for joint governmental actions subject to city council approval.(j) To exercise general supervision over all public property under control of the city.(k) To attend all meetings of the city council unless excused, and such meetings of boards and commissions as he or she chooses, or which he or she is directed to attend by the city council, and participate in discussions at such meetings.(l) To perform such other duties as may be prescribed by ordinance or resolution of the city council.(m) To prescribe such general rules and regulations as he or she may deem necessary or expedient in the general conduct of the administrative departments under his or her jurisdiction.(n) To devote full time to the duties of the office and to the interests of the city.", "history": "(Ord. 379 § 1)" }, { "guid": "44632613", "number": "§ 2.03.030", "title": "Jurisdiction.", "text": "The city manager shall have jurisdiction over all departments and agencies of the city, except the city attorney's and any advisory bodies directed by the city council to report to it. The heads of the administrative departments under the city manager shall be directly responsible to the manager for the efficient administration of their respective departments. The city manager may designate acting department heads when necessary to assure the continuity of the city's business; or he or she may personally act as the head of any department.", "history": "(Ord. 379 § 1)" }, { "guid": "44632614", "number": "§ 2.03.040", "title": "City manager pro tempore.", "text": "The city manager, after notification to the city council, shall designate one of the other officers of the city to serve as city manager pro tempore if the city manager is absent or unable to perform the essential functions of the position with or without reasonable accommodation.", "history": "(Ord. 379 § 1; Ord. 2390 § 8, 2012)" }, { "guid": "44632615", "number": "§ 2.03.050", "title": "City council to deal with departments through city manager; exception.", "text": "Except for purpose of inquiry, neither the city council nor any of its members shall deal with any department of the city under the jurisdiction of the city manager by any means except through the city manager.", "history": "(Ord. 379 § 1)" } ] }, { "guid": "44632616", "title": "CITY ATTORNEY", "number": "2.04", "url": "https://ecode360.com/44632616", "sha256": "0d23b1e1d5b69f2bec8b4a60e720b84049ed76df57dc47d14283f80a44cbba65", "exportedArticleSha256": "d263a37813a95963750cec1e7f685eba26959b1122ef76b918312912f5436f5b", "sections": [ { "guid": "44632617", "number": "§ 2.04.010", "title": "Appointment.", "text": "The city council shall appoint a city attorney for the city to hold office during the pleasure of the city council.", "history": "(Code 1964 § 2-2.201)" }, { "guid": "44632618", "number": "§ 2.04.020", "title": "Duties.", "text": "The duties of the city attorney shall be such as are imposed upon him or her by law or the ordinances of the city.", "history": "(Code 1964 § 2-2.202)" } ] }, { "guid": "44632619", "title": "DIRECTOR OF FINANCE", "number": "2.05", "url": "https://ecode360.com/44632619", "sha256": "381e958e5b3f8d1a0dac2b56c414e97e8aae6b75eb57d721f17f2f269d778a5b", "exportedArticleSha256": "3c5b00e321792942d383594f020cee2ecf3d33e929395fc03f2760935b75e037", "sections": [ { "guid": "44632620", "number": "§ 2.05.010", "title": "Office created.", "text": "The office of director of finance is hereby created.", "history": "(Code 1964 § 2-2.101)" }, { "guid": "44632621", "number": "§ 2.05.020", "title": "Bond.", "text": "The director of finance shall, before entering upon the duties of his office, execute a bond to the city conditioned upon the faithful performance of his or her duties in an amount not less than twenty thousand dollars.", "history": "(Code 1964 § 2-2.102)" }, { "guid": "44632622", "number": "§ 2.05.030", "title": "Powers and duties.", "text": "The director of finance shall have the following powers and duties:(a) Those financial and accounting duties formerly imposed upon the city clerk including maintenance of records reflecting the financial condition of the city, preparation of statements of receipts and disbursements and the necessary publication thereof.(b) Those financial duties formerly imposed upon the city clerk by Article 1, Chapter 4, Part 2, Division 3, Title 4 of the Government Code of the state.(c) Supervision of revenue collections.(d) Preparation of payrolls and warrant registers for all bills payable.(e) Assisting the city manager in the preparation of the annual budget.(f) Preparation of annual city business licenses and supervision of issuance of licenses and collection of license fees.(g) Performing such other duties as are delegated to the position by the city manager.(h) Supervise the keeping of current property inventories of all city departments and necessary records appurtenant thereto.", "history": "(Code 1964 § 2-2.103)" } ] }, { "guid": "44632631", "title": "CITY CLERK", "number": "2.06", "url": "https://ecode360.com/44632631", "sha256": "2dac72f5a984c9583683a0103fff09a431bfbce74940fa0e1c8c31bb3b49a278", "exportedArticleSha256": "18d1052c2a774032ec038e592cc2b14f2c0cc4735ce0b3f3cc5918d13c07a445", "sections": [ { "guid": "44632632", "number": "§ 2.06.010", "title": "Appointment.", "text": "The city manager shall appoint a city clerk to hold office at the pleasure of the city manager, in accordance with the authority vested in him or her under Section 02.03.020(e) of the Davis Municipal Code.", "history": "(Ord. 1652 § 1)" }, { "guid": "44632633", "number": "§ 2.06.020", "title": "Powers and duties.", "text": "The duties of the city clerk shall be such as are imposed upon him or her by law, by ordinance of the city, or by the city manager.", "history": "(Ord. 1652 § 1)" }, { "guid": "44632634", "number": "§ 2.06.030", "title": "Bond.", "text": "Before entering upon his or her duties as city clerk, the city clerk shall execute a bond to the city conditioned upon the faithful performance of his or her duties as city clerk. The bond shall also cover the deputy city clerks, if any. The bond shall be in an amount recommended by the city attorney and fixed by the city council by resolution. The amount of the bond may be changed from time to time.", "history": "(Ord. 1652 § 1)" } ] }, { "guid": "44632635", "title": "PLANNING COMMISSION", "number": "2.07", "url": "https://ecode360.com/44632635", "sha256": "d6f6fe8fc04779593dc6f43328be09de4f6f8294db31c160ce778621c6cec240", "exportedArticleSha256": "4c25bd34736c748e7de62b42454385d000c0e79cc01e25a9b6aefd986e084bf1", "sections": [ { "guid": "44632636", "number": "§ 2.07.010", "title": "Establishment.", "text": "Pursuant to Section 65100 et seq., of the Government Code of the State of California, there is hereby established a planning commission which shall have the powers and duties and serve the purposes enumerated in Section 65100 et seq., and this article, and which shall have jurisdiction within the city.", "history": "(Ord. 2266 § 1, 2006)" }, { "guid": "44632637", "number": "§ 2.07.020", "title": "Designation.", "text": "Unless otherwise provided, all references to the project planning commission or the long-range planning commission in this City Code or other official documents including general plan, specific plans and planned developments etc., shall mean and be the same as the planning commission.", "history": "(Ord. 2266 § 1, 2006)" } ] }, { "guid": "44632638", "title": "POLICE FORCE RESERVE", "number": "2.10", "url": "https://ecode360.com/44632638", "sha256": "39d140879d0f51ed61e1c2544d291fb9dd2502c1cd630cc0c3d80de824061dd1", "exportedArticleSha256": "11b7df3794b13793453e35770ad0e8ce74a27f9234dedf69d83a380cd01d5ae7", "sections": [ { "guid": "44632639", "number": "§ 2.10.010", "title": "Established—Composition—Appointment and compensation of members.", "text": "A police force reserve is hereby established in the city as a voluntary organization, the members of which shall serve without remuneration. The reserve shall be composed of persons appointed by chief of police.", "history": "(Code 1964 § 4-4.01)" }, { "guid": "44632640", "number": "§ 2.10.020", "title": "Powers and duties of chief of police.", "text": "Subject to the provisions of this article and the rules and regulations of the state, regional and local disaster councils, the chief of police shall have complete authority and control over the members of the police force reserve. The chief of police may appoint as members of the reserve any persons who he or she deems to be qualified, and he or she may reject any application for membership. The chief of police may provide for the training of candidates for membership, and for the further training of members.", "history": "(Code 1964 § 4-4.02)" }, { "guid": "44632641", "number": "§ 2.10.030", "title": "Qualifications—Swearing in—Registration as disaster service worker.", "text": "No person shall become a member of the police force reserve until he or she is able to meet all of the requirements prescribed by the chief of police. When so qualified and selected he or she shall then be sworn in by the chief as a member of the reserve, and be registered as a disaster service worker on forms prescribed by the county civil defense director and shall take the oath prescribed therefore.", "history": "(Code 1964 § 4-4.03)" }, { "guid": "44632642", "number": "§ 2.10.040", "title": "Powers and duties—Establishment of rules and regulations.", "text": "(a) Pursuant to California Penal Code Section 830.6(a)(2), those reserve police officers who qualify as designated level I reserve officers pursuant to California Penal Code Section 832.6(a)(1) and who are designated by the police chief in writing as assigned to the prevention and detection of crime and the general enforcement of the laws of this state, shall be deemed peace officers, and shall possess the powers set forth in California Penal Code Section 830.1. The police chief may revoke the authority of any such officer at any time, with or without cause.(b) Pursuant to California Penal Code Section 830.6(a)(1), those reserve police officers appointed by the police chief as non-designated level I, level II, or level III reserve officers, while on duty as assigned by the police chief, shall be deemed peace officers and shall be permitted to exercise the duties and functions described in California Penal Code Section 832.6(a)(1), (2), or (3) as they have been certified to perform by the California Commission on Peace Officers Standards and Training. The police chief may revoke the authority of any such officer at any time, with or without cause.(c) Whenever any person is summoned to aid any peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to them by the summoning officer or that are otherwise reasonably necessary to properly assist the officer.(d) The police chief may appoint trained volunteers to direct traffic, enforce parking laws and regulations, and/or remove vehicles subject to the provisions of the California Vehicle Code. For purposes of this provision, a \"trained volunteer\" is a person who, of his or her own free will, provides services, without any financial gain, to a local or state law enforcement agency, and who is duly trained and certified to remove a vehicle, enforce parking laws and regulations and/or direct traffic by a local or state law enforcement agency.(e) The police chief may establish rules and regulations to govern the reserves and volunteers, including the fixing of specific duties of its members and providing for the maintenance of discipline. The police chief may change such orders as the chief may deem necessary or appropriate.", "history": "(Code 1964 § 4-4.04; Ord. 2634 § 1, 2022)" }, { "guid": "44632648", "number": "§ 2.10.050", "title": "Identification card—Surrender of equipment.", "text": "An identification card shall be issued to each member of the police force reserve, who shall carry the card at all times.Each member shall surrender all city property issued to him or her as a member of the police force reserve upon his or her termination of membership.Such property shall include but not be limited to the identification card above mentioned.", "history": "(Code 1964 § 4-4.05)" }, { "guid": "44632649", "number": "§ 2.10.060", "title": "Termination of membership.", "text": "The membership of any member of the police force reserve may be terminated by the chief of police at any time, and such member may resign from the reserve upon notifying the chief in writing not less than two weeks prior to the effective date of such resignation.", "history": "(Code 1964 § 4-4.06)" }, { "guid": "44632650", "number": "§ 2.10.070", "title": "Uniforms and equipment generally.", "text": "The necessary uniforms and equipment for police force reserve members and the proper care and use of such uniforms and equipment, shall be prescribed by the chief of police.", "history": "(Code 1964 § 4-4.07)" }, { "guid": "44632651", "number": "§ 2.10.080", "title": "Injury or illness on duty.", "text": "Police force reserve members shall be entitled to such compensation for injury and illness sustained while acting under direction of the chief of police during a regular assigned tour of duty as is allowed by the provisions of Division 4 of the Labor Code of the state regarding disaster service workers.", "history": "(Code 1964 § 4-4.08)" } ] }, { "guid": "44632652", "title": "MODEL CONFLICT OF INTEREST CODE", "number": "2.12", "url": "https://ecode360.com/44632652", "sha256": "e55d4d1254ca06be5434f4f47de0b5c76a82b94e607afc93e3a8f7129b2593ee", "exportedArticleSha256": "9721323dda431399dc05327ff7ac99eb94b1d918a607793eb57a2bed52633a74", "sections": [ { "guid": "44632653", "number": "§ 2.12.010", "title": "Incorporation by reference of Model Conflict of Interest Code.", "text": "California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. The Model Conflict of Interest Code contained within Section 18730, along with a List of Designated Positions and Disclosure Categories, as adopted and/or amended by resolution of the city council, shall constitute the City of Davis Conflict of Interest Code.", "history": "(Ord. 2049 §§ 1, 2, 2001; Ord. 2285 § 1, 2007)" } ] }, { "guid": "44632654", "title": "INDUSTRIAL DEVELOPMENT AUTHORITY", "number": "2.17", "url": "https://ecode360.com/44632654", "sha256": "d4be90b6af396655d9125df1e94b9cc791abf0db3f547deda239a1501947c718", "exportedArticleSha256": "0f1e84e7e3992fdf0a919e582c47077c441d7c0cc5eebe11f20c49c07e5ca839", "sections": [ { "guid": "44632655", "number": "§ 2.17.010", "title": "Purpose.", "text": "The California Industrial Development Financing Act, Title 10 (commencing with Section 91500), Government Code (the \"Act\"), has established an industrial development authority of this city for the achievement of specified public purposes. The public purposes are to increase opportunities for useful employment or otherwise contribute to economic development. The need for the establishment of an industrial development authority in the achievement of such purposes is based upon findings that industry requires the new and alternative method of capital finance that such authorities can provide in order for it to undertake the acquisition, construction or rehabilitation of facilities the use of which will serve those public purposes.", "history": "(Ord. 1325; Ord. 1411 § 6)" }, { "guid": "44632656", "number": "§ 2.17.020", "title": "Findings.", "text": "There is a need in the city for the acquisition, construction or rehabilitation of facilities for the use of industry which will increase employment opportunities or otherwise contribute to economic development, and further, the new and alternative method of capital finance that industrial development authorities can provide will aid in satisfying that need.", "history": "(Ord. 1325 § 2; Ord. 1411 § 6)" }, { "guid": "44632657", "number": "§ 2.17.030", "title": "Declaration of necessity—Organization—Powers.", "text": "(a) Need. There is a need in the city for an industrial development authority to provide industry with an alternative and additional method of finance in accordance with state policy as set forth in the Act.(b) Organization. The industrial development authority of the city established by the Act is hereby declared organized and shall function under the name \"Industrial Development Authority of the City of Davis\" and be authorized to transact business and exercise all of the powers and other authority conferred upon industrial development authorities by the Act.", "history": "(Ord. 1325 § 3; Ord. 1411 § 6)" } ] }, { "guid": "44632660", "title": "CITY TREASURER", "number": "2.18", "url": "https://ecode360.com/44632660", "sha256": "1eb46529610a13577a837a9615d9fb0941ddeff16688d2ae58f431ceec2e0ec1", "exportedArticleSha256": "907a00efe2840d4ddc33ddf0f33866b1f4cdf91ea474b873e4efbb3ae70a1bf3", "sections": [ { "guid": "44632661", "number": "§ 2.18.010", "title": "Appointment.", "text": "The city manager shall appoint a city treasurer to hold office at the pleasure of the city manager, in accordance with the authority vested in him or her under Section 2.03.020(e) of the Davis Municipal Code.", "history": "(Ord. 1711 § 1)" }, { "guid": "44632662", "number": "§ 2.18.020", "title": "Powers and duties.", "text": "The duties of the city treasurer shall be such as are imposed upon him or her by law, by ordinance of the city, or by the city manager.", "history": "(Ord. 1711 § 1)" }, { "guid": "44632663", "number": "§ 2.18.030", "title": "Bond.", "text": "Before entering upon his or her duties as city treasurer, the city treasurer shall execute a bond to the city conditioned upon the faithful performance of his or her duties as city treasurer. The bond shall also cover the deputy city treasurers, if any. The bond shall be in an amount recommended by the city attorney and fixed by the city council by resolution. The amount of the bond may be changed from time to time.", "history": "(Ord. 1711 § 1)" } ] }, { "guid": "44632664", "title": "RESTRICTIONS ON LOBBYING BY FORMER CITY OFFICIALS", "number": "2.19", "url": "https://ecode360.com/44632664", "sha256": "e7c1155e9384b6a8f2078f34fa741895e1ff78d39322f6b259f33f5e46ad4132", "exportedArticleSha256": "b3052c7ce67048486af88915de9a23905eb05c1387c21662801db7394ff4f2ff", "sections": [ { "guid": "44632665", "number": "§ 2.19.010", "title": "Purpose.", "text": "The city desires to maintain an environment wherein each and every person has the opportunity to address the city's legislative and administrative bodies and have his or her opinion heard and considered. Further, the city desires that information obtained by city councilmembers, the city manager, city attorney, city department heads and certain city management employees be used solely for the benefit of the residents of the city and not for private financial gain. To that end and to ensure that the governmental process is fair and equitable for all who choose to participate, the city intends to prohibit lobbying by former city councilmembers and staff, as defined herein, for one year after leaving office.", "history": "(Ord. 1835 § 2)" }, { "guid": "44632666", "number": "§ 2.19.020", "title": "Definitions.", "text": "City officialmeans a city councilmember, mayor, vice mayor, city manager, city attorney and the heads of the city departments.Legislative actionmeans the drafting, introduction, consideration, modification, enactment, or defeat of any ordinance, resolution, amendment, report, nomination or other matter by the city council.License, permit or other entitlement for usemeans any business, professional, trade or land use license or permit, any other entitlement for use (including land use), any contract (other than competitively bid contracts) and any franchise.", "history": "(Ord. 1835 § 2; Ord. 2390 § 10, 2012; Ord. 2593 § 2, 2020; Ord. 2648 § 6, 2023)" }, { "guid": "44632670", "number": "§ 2.19.030", "title": "Lobbying activities of former city officials.", "text": "(a) No former city official, for one year after leaving office or one year after termination of his or her service or employment with the city, shall, for compensation, act as the agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the city council, the city planning commission, any present member of the city council or planning commission, or any officer or employee of the city, if the purpose of the appearance or communication is to influence legislative or administrative action by the city, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.(b) No former city official, for one year after leaving office or one year after termination of his or her service or employment with the city, shall, for compensation, knowingly aid, counsel, advise, consult or assist any other person in connection with an appearance or communication, in relation to any case with the intent to influence legislative or administrative action by the city, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.", "history": "(Ord. 1835 § 2)" }, { "guid": "44632673", "number": "§ 2.19.040", "title": "Exemptions.", "text": "The following activities are not subject to the prohibition in Section 2.19.030:(a) Appearances or communications made by a former city official for the sole purpose of representing him or herself or any member of his or her immediate family, in his or her individual capacity in connection with any matter pending before the city.(b) If a former city official is employed by a firm or business, appearances or communications by any other employees, officers, members or partners of the firm or business, provided that the former city official is not personally involved and does not personally participate in any way that is prohibited by this article.(c) If a city official becomes an officer or employee of another public agency, appearances or communications made by the former city official on behalf of that other public agency in connection with any matter pending before the city.", "history": "(Ord. 1835 § 2)" }, { "guid": "44632677", "number": "§ 2.19.050", "title": "Penalties.", "text": "Any person who knowingly or wilfully violates any provision of this article is guilty of a misdemeanor and may be punished as provided by statute upon conviction.", "history": "(Ord. 1835 § 2; Ord. 2648 § 7, 2023)" } ] }, { "guid": "44632678", "title": "AUTHORIZATION TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM", "number": "2.20", "url": "https://ecode360.com/44632678", "sha256": "b88d138f39c03d223d8dc9bd32c813bcd59c75d7e3512b018b4590df0cb4cbce", "exportedArticleSha256": "b91af8f4f2be4b72a4eb573003cc1bee8fb966f58427989d30f59928c890f557", "sections": [ { "guid": "44632679", "number": "§ 2.20.010", "title": "Authorization.", "text": "In order to provide businesses and residents within the city with a choice of power providers, the city hereby elects to implement a community choice aggregation program within the jurisdiction of the city by participating in the Community Choice Aggregation Program of the Valley Clean Energy Alliance, as described in its Joint Powers Agreement.", "history": "(Ord. 2487 § 2, 2016; Ord. 2648 § 9, 2023)" } ] }, { "guid": "44632689", "title": "IN GENERAL", "number": "3.01", "url": "https://ecode360.com/44632689", "sha256": "ba7c3ebf7bf3cef34fa2d3d9649b2589aef0a9c8012883c477622e5e5ab872c4", "exportedArticleSha256": "8f8045fab4b8baad7377161261068956b1bdf5168ea0027e3a50408730f23bef", "sections": [ { "guid": "44632690", "number": "§ 3.01.010", "title": "Temporary signs—Definition.", "text": "A \"temporary sign\" is any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently. Examples of temporary signs include, but are not limited to, signs, handbills or posters relating to garage sales, concerts, swap meets and the like.", "history": "(Ord. 1370 § 2; Ord. 2308 § 1, 2008; Ord. 2634 § 3, 2022)" }, { "guid": "44632691", "number": "§ 3.01.020", "title": "Legislative findings.", "text": "The city council finds as follows:(a) Aside from this article, temporary signs are not regulated by this chapter, and are therefore not subject to design review or approval as to their size, shape, color, design or placement. The lack of regulation of temporary signs has in the past led to visual clutter within the community and aesthetic blight. In addition, temporary signs located within an automobile driver's line of sight pose traffic safety hazards.(b) Property and facilities located within the public right-of-way, such as utility poles, benches, hydrants, bridges, sidewalks and similar structures are not by tradition or designation a forum for communication by the general public, and the council wishes to preserve these structures for their intended purposes, which is the safe, efficient and pleasant movement of vehicular and pedestrian traffic and operation of utility systems.(c) The regulations and prohibitions specified in this article are necessary to preserve items located within the public right-of-way for their intended purposes, and to prevent the visual clutter, blight, and traffic safety hazards caused by temporary signs therein.", "history": "(Ord. 1370 § 2)" }, { "guid": "44632695", "number": "§ 3.01.030", "title": "Posting prohibited.", "text": "No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten or affix, any temporary sign on any sidewalk, crosswalk, curb, street lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public-right-of-way which is not maintained for the purpose of communications by temporary signs by the general public or which is not permitted by this article.", "history": "(Ord. 1370 § 2)" }, { "guid": "44632696", "number": "§ 3.01.040", "title": "Responsibility for temporary sign.", "text": "Any person or persons for whom or whose benefit any temporary sign is fastened, placed or otherwise affixed or located shall be deemed responsible for noncompliance with Section 3.01.030 of this article and any temporary sign fastened, placed or otherwise affixed or issued in violation of the provisions of Section 3.01.030 is declared to be unlawful and a public nuisance, and the city officers and employees are authorized to abate the same as provided in this article.", "history": "(Ord. 1370 § 2)" }, { "guid": "44632697", "number": "§ 3.01.050", "title": "Exceptions.", "text": "This article shall not apply to the following:(a) Public notices. Notices as may be required by law to be posted by a public officer or employee in the performance of a public duty, including, but not limited to, notices of pending land use or zoning applications, street abandonment or notices of proposed assessment district proceedings, as required by this Code, the California Government Code, Streets and Highways Code, or other city, state or federal statutory authority;(b) Bulletin boards. Notices and temporary signs posted on structures located within the public right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, newspaper racks, and billboards as authorized by this Code; and(c) Temporary signs posted for twenty-four hours or less. Temporary signs not exceeding nine square feet in total area relating to one day events or occurrences such as open houses and garage sales may be posted in the public right-of-way on the day of the event or occurrence provided that such temporary signs shall be removed no later than twenty-four hours after the event.", "history": "(Ord. 1370 § 2)" }, { "guid": "44632701", "number": "§ 3.01.060", "title": "Removal after event.", "text": "Except as provided in Section 3.01.050(c), temporary signs not prohibited by this article shall be removed within five calendar days after the event to which they relate occurs. Signs remaining after the time limit established by this section are hereby declared to be unlawful and a nuisance, and city officers and employees are authorized to abate the same as provided in this article.", "history": "(Ord. 1370 § 2)" }, { "guid": "44632702", "number": "§ 3.01.070", "title": "Removal by city.", "text": "Any temporary sign posted or otherwise affixed in violation of this article may be removed by officers of the police, building inspection or public works departments, or by the code enforcement officer. Signs removed by city officers or employees shall be taken to the municipal corporation yard. The officer or employee removing the sign shall immediately attempt to notify the owner of the sign, if such can be ascertained. In cases where a sign contains the name of a printing firm, the officer or employee shall also immediately attempt to notify such firm of the fact of removal, the location of the sign and the procedure for retrieving the sign.", "history": "(Ord. 1370 § 2; Ord. 2308 § 2, 2008)" }, { "guid": "44632703", "number": "§ 3.01.080", "title": "Retrieval of signs.", "text": "Any person desiring to retrieve a sign removed by the city may do so upon the payment of an administrative fine of two dollars for each sign smaller than nine square feet total, and an administrative fine of ten dollars for each larger sign. If a person wishes to contest the fact that a sign was placed in violation of this article or remained posted in violation of this article prior to paying the fine, he or she may retrieve the sign upon signing a promise to appear upon a citation issued to him or her for violation of this article and shall have the right to an administrative hearing before the public works director. If the director finds that the sign was lawfully posted, the director shall order the sign returned without an administrative penalty. If the director finds that the sign was unlawfully posted, the director shall impose the fine provided in this section.", "history": "(Ord. 1370 § 2)" } ] }, { "guid": "44632704", "title": "ADJACENT TO FREEWAYS", "number": "3.02", "url": "https://ecode360.com/44632704", "sha256": "ba7c3ebf7bf3cef34fa2d3d9649b2589aef0a9c8012883c477622e5e5ab872c4", "exportedArticleSha256": "882142c615b8f34be2321750d4a60b28662fbbe77df4201503b46bf3a4fdf60c", "sections": [ { "guid": "44632705", "number": "§ 3.02.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Advertising display.Advertising structures and signs.Advertising structure.A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes, but does not include:(1) Official notices issued by any court or public body or officer;(2) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;(3) Directional, warning or information structures required by or authorized by law or by federal, state, county or city authority;(4) A structure which contains the name of the city and the names of, or any other information regarding, civic, fraternal or religious organizations located therein.Freeway.A highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right of easement, or access, and which is declared to be such in compliance with the Streets and Highways Code of the state.Sign.Any card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure, but does not include:(1) Official notices issued by any court or public body or officer;(2) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;(3) Directional, warning or information signs or structures required by or authorized by law or by federal, state, county or city authority.", "history": "(Code 1964 § 7-6.01; Ord. 1370 § 3; Ord. 1863 § 4)" }, { "guid": "44632717", "number": "§ 3.02.020", "title": "Placing within six hundred feet of boundary prohibited.", "text": "Except as provided in Section 3.01.040, no advertising display shall be placed or maintained on any property within the city within six hundred feet of the exterior boundary of a freeway, if the advertising display is designed to be viewed primarily by persons traveling on such freeway.", "history": "(Code 1964 § 7-6.02; Ord. 1370 § 3; Ord. 1863 § 4)" }, { "guid": "44632718", "number": "§ 3.02.030", "title": "Exceptions to Article; granting of use permit.", "text": "(a) The provisions of Section 3.01.030 shall not apply to any advertising structure or sign for which approval consistent with the provisions of Chapter 40 has been secured, and if the advertising display is used exclusively:(1) To advertise the sale or lease of the property upon which such advertising display is placed;(2) To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises;(3) To advertise goods manufactured or produced, or services rendered on the property upon which such advertising display is placed;(4) Noncommercial advertising of the ideas or beliefs of the owner or occupant of the property upon which such advertising display is placed, regarding sociological, religious or economic subjects of public interest or general concern.(b) No use permit shall be granted to any advertising structure, or display or sign:(1) Which simulates or imitates directional, warning, danger or information signs lawfully maintained along a freeway;(2) Which contains illumination of such brilliance as to blind or dazzle travelers on a freeway;(3) Which contains a red or blinking light which is likely to be mistaken for a warning or danger signal by travelers on a freeway;(4) Which exceeds three hundred square feet in area;(5) Which contains any moving parts;(6) Which does not conform to one of the standards set forth in subsections (a)(1)—(4) of this section.", "history": "(Code 1964 § 7-6.03; Ord. 1370 § 3; Ord. 1863 § 4; Ord. 2308 § 3, 2008)" }, { "guid": "44632731", "number": "§ 3.02.040", "title": "Violations declared public nuisances; abatement.", "text": "All advertising displays which are placed or which exist in violation of the provisions of this article are public nuisances and may be removed or destroyed summarily and without notice.", "history": "(Code 1964 § 7-6.05; Ord. 1370 § 3; Ord. 1863 § 4)" } ] }, { "guid": "44632834", "title": "IN GENERAL", "number": "4.01", "url": "https://ecode360.com/44632834", "sha256": "62d902ba1b9410a3d9db704f3d32da0fb1ff6fad44d0108d079d04d9ee975363", "exportedArticleSha256": "341ad88129db0c88d67e8749ae824076be10d8840beabf58c24734f36bc1574d", "sections": [ { "guid": "44632835", "number": "§ 4.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Alarm agent.Any person who is hired by an alarm business as an agent or employee for the performance of any of the following functions within the city: Selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises.Alarm business.Any business which is engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises. This definition specifically excludes retail establishments which sell, as part of their products, components for alarm systems; but which do not offer service, maintenance, repair, alteration, replacement, moving or installation of systems in or on any building, place or premises.Alarm system.Any device designed for the detection of an unauthorized entry on or into any building, place or premises, or for alerting others of the commission of an unlawful act, and which, when activated, emits a sound or transmits a signal or message.Alarm user.Any person upon whose premises an alarm system is maintained. Excluded from this definition are persons who maintain alarm systems on motor vehicles or any other alarm systems which do not directly or indirectly signal the police department. This definition shall include all alarm systems which require a police response when they are activated or which are designed to signal persons outside the premises.Audible alarm.That type of alarm system which, when activated, emits an audible sound.Central station.An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and where such service is maintained at all times.Central station system.A system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded into and maintained and supervised from a central station having trained operators in attendance at all times.Direct connect.An alarm system which has the capability of directly transmitting system signals to the police communications center.False alarm.The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his or her employees or agents or his or her alarm company. This definition specifically excludes alarms caused by violent natural conditions or disasters or alarms caused by conditions out of the control of the lessee, the owner or the alarm company.Permittee.The person to whom an alarm use permit is issued under this chapter.Person.Any individual, partnership, corporation or other entity.Police chief.The chief of the police department of the city or his or her authorized representative.Police department.The police department of the city.Silent alarm.That type of alarm system which, when activated, sounds a bell or buzzer or turns on a light or transmits a signal or activates any device at a predesignated place other than the location where the alarm has been installed.Subscriber.A person contracting with an alarm business for any of its services.", "history": "(Ord. 830 § 2; Ord. 951 § 2)" }, { "guid": "44632851", "number": "§ 4.01.020", "title": "General conditions.", "text": "Each alarm user shall comply with the following conditions:(a) Each alarm user shall provide the police chief with the address of each building, place or premises within the city for which the alarm user causes the installation of an alarm system. Failure to provide this information within twenty-four hours following installation rendering the system operable will subject the alarm user to a penalty to be assessed in an amount specified by resolution of the city council.(b) Where audible alarm systems are serviced or maintained on or in any building, place or premises by an alarm business, the alarm user shall have the name and emergency telephone number of the alarm business posted on or near the front door of such building, place or premises.(c) Alarm businesses contracting with a subscriber for a supervised silent alarm shall, upon the alarm being activated, immediately notify the city's police communication center by the center's emergency telephone. Such alarms need not be reported by the alarm business by such telephone if the alarm has been activated within five minutes prior to opening time or within thirty minutes after closing time, provided that the alarm business has a letter on file from the subscriber stating what the opening and closing times shall be, and provided that the alarm was not designed to detect robbery, as defined in Section 211 of the California Penal Code, and that the above provisions are approved by the police chief in writing.(d) Each alarm business using a telephone answering service for the purpose of monitoring silent alarms for its subscribers shall submit the name and telephone number of such service within ten calendar days of the day such service commences.(e) Each alarm business who installs or services an alarm system shall instruct the subscriber in the proper use and operation of the alarm system, especially in those factors which can cause false alarms.(f) Each alarm business servicing an alarm system shall respond by servicing such alarm within forty-eight hours after such alarm business has been notified by the subscriber or the city's police department that an alarm system has malfunctioned.(g) Upon request, each alarm business shall display his or her record of inspection or repair of any subscriber's installed alarm system to the police chief.(h) Each alarm business shall notify the city's police department communication center that a subscriber's alarm system is under service or repair when, in the process of such service or repair, the system may be activated and cause an alarm requiring response by the police department.(i) Each alarm system sold, leased, maintained, serviced or installed by an alarm business, and which operates on commercial current, must be equipped with a standby power supply sufficient for at least four hours.(j) Each alarm system shall be subject to inspection by the city's electrical inspector and the police chief.(k) Alarm equipment sold, leased, maintained or serviced by an alarm business shall be of design sanctioned by a nationally recognized testing laboratory, such as Underwriter's Laboratories, Inc. (UL), or approved by the police chief.", "history": "(Ord. 830 § 4; Ord. 951 § 3)" }, { "guid": "44632863", "number": "§ 4.01.030", "title": "Alarm user permits.", "text": "(a) Required. Within ninety days after the effective date of the ordinance codified in this chapter, every alarm user shall obtain from the police chief an alarm user permit for each alarm system he or she operates within the city. Alarm businesses are not required to obtain permits under this section when they lease or provide services to alarm system users. However, if alarm businesses use an alarm system to protect their own premises, they shall obtain permits for such systems as required in this section.(b) Application. The alarm user applying for the permit required in subsection (a) of this section shall state on a permit application form, to be prepared by the police department and approved by the city attorney:(1) His or her name;(2) The address of the residence or business or businesses in or upon which the alarm system has been or will be installed;(3) His or her telephone number;(4) The type of alarm system; local, direct connect, central station, etc.;(5) The name of the alarm business or business selling, installing, monitoring, inspecting, responding to or maintaining the alarm system;(6) The name and telephone number of at least one other person (in the case of a corporate alarm user applicant, at least two persons) who can be reached at any time, who is authorized to respond to an alarm signal and who can open the premises in which the system is installed.(c) Fee. The alarm user shall pay an annual fee in an amount established by resolution of the city council.(d) Inspection. Every alarm user licensed under this section shall be required to have such alarm system inspected at least once a year by a licensed alarm business; and the alarm business making such inspection is required to report the results to the police department.(e) Confidentiality of information. The information contained in an alarm user permit application required by this section and other information received by the police chief through correspondence or communications with an alarm user, shall be securely maintained and restricted to inspection only by the police chief or certain officers or city employees specifically assigned the responsibility of handling and processing alarm user permits in the course of official duties.(f) Violation. Any alarm system user who operates an alarm system without first obtaining a permit as required by this section or who, after having a permit revoked or suspended and after exhausting his or her rights to hearing and appeal, fails to disconnect his or her alarm system, shall be in violation of this chapter.", "history": "(Ord. 830 § 8; Ord. 951 § 3)" }, { "guid": "44632876", "number": "§ 4.01.040", "title": "Implementation of provisions.", "text": "In order to assist in carrying-out the provisions and purposes of this chapter, the police chief may from time to time implement such provisions by adopting and enforcing additional regulations concerning the safety and security of alarm systems, the installation of alarm equipment and the keeping of records concerning alarm systems. Such regulations shall be adopted and amended by the police chief pursuant to public hearing and written notice to the holders of permits issued under this chapter. The regulations adopted by the police chief, and amendments thereto, shall not become effective until they have been approved by the city council.", "history": "(Ord. 830 § 9)" }, { "guid": "44632877", "number": "§ 4.01.050", "title": "Systems terminating at police department.", "text": "The installation of any alarm system which, when activated, would cause a signal or message to be sent directly to the police department by telephone line or by any other means, must have the prior written approval of the police chief. Any permittee may apply in writing to the police chief for such approval, and such approval shall be evidenced by the issuance of a permit. Such application shall describe the alarm system and the testing procedures to be followed by the applicant as well as such other information as the police chief may reasonably require to reach a decision on the application. The police chief shall grant approval if he or she finds that the termination of the signal or message in the city's police department will not hinder police department activities. Each applicant who has been granted such approval shall maintain adequate equipment and an adequate work force to repair, maintain and service the particular alarm system involved in the approval. The city council may prescribe by resolution a fee for each application processed under this section and a monthly charge for each connection to the police department alarm panel.", "history": "(Ord. 830 § 10; Ord. 951 § 3)" }, { "guid": "44632878", "number": "§ 4.01.060", "title": "False alarms.", "text": "More than three false alarms in a twelve-month period from any alarm system for which an alarm user permit has been obtained may constitute grounds for revocation of such permit, subject to the provisions of this section.(a) When the department determines that a problem exists with a particular alarm, both the alarm company and the user will be contacted in an effort to identify and correct the problem.(b) If, during any twelve-month period, false alarms from a particular location should exceed six in number, for each subsequent false alarm to which police units and personnel of the police department are dispatched, a service charge to be specified by a resolution of the city council will be assessed against the alarm user.", "history": "(Ord. 830 § 11; Ord. 951 § 3; Ord. 1838)" }, { "guid": "44632881", "number": "§ 4.01.070", "title": "Systems requirements.", "text": "(a) Any business determined by the police chief to evidence a susceptibility to robbery, as defined by Penal Code Section 211, will be required to have a silent robbery alarm, as defined by Penal Code Section 211, connected directly to the master alarm panel within the police department.(b) All residential alarms which are audible will be required to have an automatic, thirty-minute maximum, bell cutoff device incorporated within their design. The system may automatically reset itself, but after a second thirty minutes, maximum, of sounding, the bell must shut down and not sound until after it has been manually reset.(c) Each residential alarm must be equipped so as not to sound due to power outages and must have a standby battery pack to operate the alarm for at least four hours.(d) Any person responsible for maintaining or servicing alarms who refuses to respond and reset any alarm within the city is subject to immediate termination of his or her alarm permit. Such termination shall remain in effect until reinstated by the police chief upon a showing of ability to comply with the requirements of this chapter.(e) Due to the limited space available on the police master alarm panel, no residential alarms shall be allowed on the police department alarm panel.(f) All commercial establishments, with or without alarms, will be required to keep an updated business information card on file at the police department. Such card shall contain a diagram of the premises and the name, address and telephone number of the person to contact in case of emergency.(g) Each city residence with an alarm will be required to provide information as to who will respond to reset the alarm or open the residence when deemed necessary by the police department.(h) All commercial alarms will be required to be of the silent type unless special approval for an audible alarm is granted by the police chief.(i) No person, except a representative of a public utility engaged in the business of providing communications, services and facilities, shall use or operate, attempt to use or operate or cause to be used or operated, or arrange, adjust, program or otherwise provide or install, any device or combination of devices that will, upon activation, either mechanically, electronically, or by other automatic means, initiate an intra-state call and deliver a recorded message to any telephone number used for the receipt of emergency or governmental, administrative messages by the police department, the fire department, or any administrative office or department of the city. The term \"telephone number\" includes any additional numbers associated with such emergency or governmental, administrative telephone number through the use of a rotary or other system whereby additional telephone calls to the number are connected to other numbers when the first number is in use.(j) Alarms are primarily designed to alert regarding intrusion or robbery. Any use of an alarm to summon the police where a telephone call would best serve the purpose will constitute a misuse of the alarm system and a violation of this chapter. For example, the use of an alarm system to summon police to a brawl or other disturbance would be a misuse of the system.", "history": "(Ord. 830 § 12; Ord. 951 § 3)" }, { "guid": "44632892", "number": "§ 4.01.080", "title": "Violations.", "text": "(a) The failure of any person to:(1) Obtain an alarm system user permit as required;(2) Make corrections to alarm systems as required by the police department; or(3) Obey any order of the police chief, city manager, or city council of suspension or revocation of an alarm user permit after such person has exhausted his or her rights to hearings or appeals shall constitute an infraction punishable by a fine not to exceed the maximum fine provided in the California Government Code. Each day that such violation continues, after the expiration of the period allowed for compliance under the provisions of this chapter, shall constitute a separate offense.(b) The police chief shall have the authority to institute an immediate nonresponse policy for any violation of Section 4.01.060 or 4.01.070. Such policy shall provide that the city's police personnel shall not respond to future alarms at such premises. Such nonresponse policy will be taken only after there is adequate written notification given to the alarm user and any alarm company involved.", "history": "(Ord. 830 § 13; Ord. 951 § 3)" }, { "guid": "44632898", "number": "§ 4.01.090", "title": "Exemptions.", "text": "As provided in this chapter, the police chief shall have the authority to exempt municipal, county, state and federal agencies from certain sections within this chapter, when need is shown by any such agency and approved by the police chief.Such an exemption shall be in writing; the original thereof shall be delivered to the agency and a copy shall be retained by the police chief.", "history": "(Ord. 830 § 14)" }, { "guid": "44632899", "number": "§ 4.01.100", "title": "Appeals.", "text": "Any party against whom a decision or finding is made by the police chief or city manager under this chapter, may appeal such decision or finding to the city council by filing a request for appeal, in writing, with the city clerk within ten days from the date of such decision or finding. The decision or finding shall be inoperative pending such appeal. The city council may affirm, modify or override the decision or finding on a majority vote of the council. The decision of the city council shall be final.", "history": "(Ord. 830 § 15; Ord. 2390 § 11, 2012)" } ] }, { "guid": "44632901", "title": "IN GENERAL", "number": "5.01", "url": "https://ecode360.com/44632901", "sha256": "326758e755c3956271f822c47206dba378531c4f3be861d0fc9e83e131fc4255", "exportedArticleSha256": "46ea35d9c81c8679f2c7f3675c2c24a3c3eb151bebb81beb80ba83f6c83b940b", "sections": [ { "guid": "44632902", "number": "§ 5.01.010", "title": "Keeping livestock and domestic fowl prohibited generally.", "text": "It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land belonging to such person, any cattle, horses, swine, sheep, goats, geese, ducks, turkeys, roosters and other poultry and game birds, except as specifically permitted under provisions of this chapter.", "history": "(Code 1964 § 8-3.101; Ord. 1632 § 1)" }, { "guid": "44632903", "number": "§ 5.01.020", "title": "Keeping of chickens, pigeons or rabbits.", "text": "It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land belonging to such person, any chickens, pigeons or rabbits except as follows:A total of not more than six chicken hens or six pigeons or a combination of chicken hens and pigeons not to exceed the number of six, or a total of not more than six rabbits may be kept and maintained in a clean and sanitary pen or structure, no part of which shall be located less than forty feet from any residence, other than a residence owned and occupied by the person owning or in possession of such animals; and, provided further, that the keeping of such animals shall not create a health or nuisance problem.", "history": "(Code § 8-2.102)" }, { "guid": "44632904", "number": "§ 5.01.030", "title": "Keeping of certain animals and fowl permitted; permits required for keeping.", "text": "The keeping of animals within the city may be permitted as follows:(a) Animals for commercial, industrial or scientific purposes, in such numbers and of such types and under such conditions as will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping, and will not be detrimental to the public welfare or injurious to improvements in such neighborhood. Applications for such permissive keeping shall require a fee authorized by the city council and be accompanied by a detailed statement outlining the proposed method of keeping. Following investigation and report by the police department, the chief of police may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter. Such permit may be revoked by failure to observe required conditions.(b) Chickens, pigeons, or rabbits, in such numbers and of such types and under such conditions as will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping and will not be detrimental to the public welfare or injurious to improvements in the neighborhood. Applications for such permissive keeping shall require a fee authorized by the city council and be accompanied by a detailed statement outlining the proposed method of keeping. Following investigation and report by the police department, and without regard to distance limitations contained elsewhere in this chapter, the chief of police may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter. Such permit may be revoked by failure to observe required conditions.(c) Swine that, at maturity, are less than twenty-two inches high at the shoulder and weigh less than one hundred fifty pounds, and pygmy, miniature or dwarf goats that, at maturity, are less than twenty-eight inches high at the shoulder and weigh less than one hundred pounds, and under such conditions as will not be detrimental to the health, safety, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping, and will not be detrimental to the public welfare, create excessive noise, or be injurious to improvements in such neighborhood. No more than three such swine and/or such goats, of all types combined, over the age of four months shall be permitted. All such permitted goats shall be dehorned and such male goats shall be neutered. Applications for such permissive keeping shall require a fee equal to that of a Yolo County dog license and be accompanied by a detailed statement describing the proposed method of keeping. The police chief may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter and/or to mitigate nuisance noise. Such permit may be revoked by failure to comply with or observe the required conditions.", "history": "(Code 1964 § 8-3.103; Ord. 905 § 1; Ord. 1632 § 2; Ord. 2634 § 4, 2022)" }, { "guid": "44632908", "number": "§ 5.01.040", "title": "Conditions for keeping.", "text": "All animals and fowl kept within the city shall be kept in a sanitary condition and shall not create a health or nuisance problem.", "history": "(Code 1964 § 8-3.104)" }, { "guid": "44632909", "number": "§ 5.01.050", "title": "Right of entry of inspectors.", "text": "(a) Whenever necessary to carry out the provisions of this article, to ascertain any violation of the provisions of this article, to count the number of animals kept within the city, or whenever there is reasonable cause to believe that there exists a violation of this article, any official of the police department, code enforcement, or health department of the city may enter onto any premises or into any building at all reasonable times, subject to the requirements of the Fourth Amendment of the United States Constitution and any other provisions of applicable law.(b) In those situations when there is no owner and/or occupant present, or when such person or persons refuse entry, and in the absence of an emergency, the agent or employee shall give the owner and/or occupant twenty-four hours' written notice of the intention to enter onto such premises. Such notice shall state that, in the event the right of entry is refused, entry will be obtained only under an inspection warrant or search warrant issued by a duly authorized magistrate.", "history": "(Code 1964 § 8-3.105; Ord. 2390 § 12, 2012)" } ] }, { "guid": "44632912", "title": "VICIOUS ANIMALS", "number": "5.02", "url": "https://ecode360.com/44632912", "sha256": "c1da9f4659b87b98e51bbc2df57fd31cf80edc1f1a647f66d94420d427349522", "exportedArticleSha256": "72788cc9b47645cf494ecb75159bff14d0cc8498c756a1bfc227751875e2bcd2", "sections": [ { "guid": "44632913", "number": "§ 5.02.010", "title": "Adoption of Yolo County Code relating to vicious animals.", "text": "Title 6, Chapter 1, Article 10 of the Yolo County Code, in its entirety, pertaining to vicious animals, is incorporated by reference into this Code and shall be enforced within the limits of the city.", "history": "(Ord. 1261 § 1; Ord. 1550 § 1)" } ] }, { "guid": "44632914", "title": "PROTECTION OF ANIMALS IN MOTOR VEHICLES", "number": "5.03", "url": "https://ecode360.com/44632914", "sha256": "5f32f07a2cd412a791bf3767efa2a08f6bbf79605fe6d716888f3fc0085b5f5b", "exportedArticleSha256": "9d6e02cdb5294177c70816260a7bcc0c041804ff0db880c320be2406739d1558", "sections": [ { "guid": "44632915", "number": "§ 5.03.010", "title": "Leaving animals unattended in parked vehicles prohibited.", "text": "(a) No person shall leave an animal, wild or domestic, in any unattended motor vehicle without proper food, water or ventilation, so as to subject the same to extreme temperature (either hot or cold), affecting the ambient temperature of the animal, which would adversely affect its health or safety. In the event any animal is so confined, the enforcing authority may enter such vehicle by whatever reasonable force is necessary to release the animal without any liability upon the city or the enforcing authority for resulting damages. The enforcing authority, absent owner or responsible individual, may impound said animal.(b) As used in this section, \"motor vehicle\" includes, without limitation, automobiles, pickup trucks, other trucks and trailers.(c) Any person who violates this section is guilty of a misdemeanor, punishable as misdemeanors are punishable by the laws of the State of California.", "history": "(Ord. 1440 § 1)" } ] }, { "guid": "44632919", "title": "DOGS", "number": "5.04", "url": "https://ecode360.com/44632919", "sha256": "b34225192fd539df2d3b16758f63c11420596f8cc127b82062efcf6764380c82", "exportedArticleSha256": "505f9f84ab02d9beea25042ef17358b5caa0a48553b4910aa1fd0548d6eea6bd", "sections": [ { "guid": "44632920", "number": "§ 5.04.010", "title": "Adoption of Yolo County Code relating to animal control.", "text": "Title 6, Chapter 1, Articles 1 through 9, inclusive, of the Yolo County Code except Sections 6-1.203, 6-1.422 and 6-1.304, pertaining to animals, are incorporated by reference into this Code and shall be enforced within the limits of the city.", "history": "(Ord. 699 § 1; Ord. 1008 § 1; Ord. 1056 § 1; Ord. 1079 § 1; Ord. 1090 § 1; Ord. 1550 § 2)" }, { "guid": "44632921", "number": "§ 5.04.020", "title": "Authorities to carry firearms.", "text": "The chief of the division of animal control and such animal control officers as he or she may specifically designate in writing are authorized to carry firearms when acting in the course and scope of their employment pursuant to Section 12031 of the Penal Code of California; provided, that such firearms shall be locked in a secure manner within an official vehicle at all times, except when required to perform official duties prescribed by the county animal control ordinance.", "history": "(Ord. 699 § 2)" }, { "guid": "44632922", "number": "§ 5.04.030", "title": "Penalty fees for failure to properly license dogs.", "text": "Pursuant to Section 6-1.104 of the Yolo County Code, the city requests that the provisions of Sections 6-1.607 and 6-1.608 of the Yolo County Code, pertaining to penalties for failure to properly license dogs shall apply within the boundaries of the city. Such sections are adopted by reference by Section 5.04.010 of this article and are set forth in full as follows:Sec. 6-1.607. Penalties.(a) The owner of any dog required to be licensed who fails to procure and pay for such license as required by Sections 6-1.602 and 6-1.603 of this article shall pay, in addition to the license fee, a penalty in the sum of Fifteen and no/100ths ($15.00) Dollars.(b) The owner of any dog required to be licensed by this article for the year immediately preceding the year in which an application for a dog license is filed who failed to obtain a license for such dog for such year shall pay, in addition to any other license fee or penalty, a penalty of Fifteen and no/100ths ($15.00) Dollars.Sec. 6-1.608. Exceptions from penalties.(a)The penalty provided for in subsection (a) of Section 6-1.607 of this article shall not apply to the owner of a dog required to be licensed which has not been subject to the licensing requirement for more than 10 days.(b)The penalty provided for in subsection (b) of Section 6-1.607 of this article shall not apply to the owner of a dog required to be licensed which dog had not been subject to the licensing requirement for more than 10 days during the immediately preceding year.", "history": "(Ord. 783 § 1; Ord. 1550 § 3)" }, { "guid": "44632927", "number": "§ 5.04.040", "title": "Dogs running at large.", "text": "At large means a dog off the premises of its owner and not under restraint by leash controlled by the owner or custodian of such dog.Exceptions:(1) Dogs are not \"at large\" within the meaning of Section 5.04.040 when they are in public areas expressly provided and designated for their exercise; provided, they remain under the control or direction of their owner or custodian.(2) Dogs are not \"at large\" within the meaning of Section 5.04.040 when they are off their leash for the purpose of being shown at an animal show.(3) Dogs are not \"at large\" within the meaning of Section 5.04.040 if the owner or custodian has been issued a permit by the city manager or the city manager's designee allowing the dog to be off its leash for the purpose of obedience training. Such permit shall be in the possession of the owner or possessor of the dog at the time the dog is off its leash and shall be displayed on request of any peace officer or duly authorized enforcement officer.", "history": "(Ord. 1008 § 2; Ord. 1056 § 2; Ord. 1079 § 1)" }, { "guid": "44632931", "number": "§ 5.04.050", "title": "Infraction.", "text": "Any person who violates any provision of this article is guilty of an infraction and shall be subject to a fine of not more than one hundred dollars for the first offense, and not more than two hundred dollars for a second offense that occurs within the same year as the first offense, and not more than five hundred dollars for each additional offense that occurs within the same year as the first offense.", "history": "(Ord. 1008 § 2; Ord. 1079 § 1; Ord. 2390 § 13, 2012)" } ] }, { "guid": "44632947", "title": "IN GENERAL", "number": "6.01", "url": "https://ecode360.com/44632947", "sha256": "531fbd0e7c7d40b49427dae8d80effe49f9fefd724a42dd617ddf1a2bda0bff1", "exportedArticleSha256": "64918b4a41b6f3f8ddfa8abd7cf718dc66c1babff00c790e9db419bd3784d9e7", "sections": [ { "guid": "44632948", "number": "§ 6.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Bicycle lane.That portion of a roadway set aside for the use of bicycles and so designated as provided in Section 6.03.010.Bicycle path.A pathway for bicycles and pedestrians paralleling a roadway, the side of the bicycle path closest to the roadway being not more than seventy-five feet distance from said roadway. Persons riding bicycles upon such pathways shall be subject to the provisions of Section 6.02.040.", "history": "(Ord. 568 § 6; Ord. 871 § 1)" }, { "guid": "44632951", "number": "§ 6.01.020", "title": "Responsibility of parent.", "text": "The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this chapter.", "history": "(Code 1964 § 4-3.1701)" }, { "guid": "44632952", "number": "§ 6.01.030", "title": "Applicability of chapter.", "text": "The regulations contained in this chapter shall apply whenever a bicycle is operated upon any street or sidewalk, or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.", "history": "(Code 1964 § 4-3.1701)" }, { "guid": "44632953", "number": "§ 6.01.040", "title": "Penalty for violating chapter.", "text": "Where this chapter has been violated by persons under the age of eighteen years or when persons under the age of eighteen years violate provisions of the California Vehicle Code relating to bicycles, in lieu of fines and imprisonment therefor, and in lieu of filing charges in juvenile court, the chief of police or their duly appointed representative may offer a diversion program consistent with California Vehicle Code Section 42005.3.", "history": "(Code 1964 § 4-3.1701; Ord. 2634 § 5, 2022)" } ] }, { "guid": "44632954", "title": "OPERATION GENERALLY", "number": "6.02", "url": "https://ecode360.com/44632954", "sha256": "15893a97b47a7a2ccce8c2b187c14919291efb7526659d0746b61bc9a50c69a0", "exportedArticleSha256": "1e6bdfdf5d6494066a5a0e80c6fdb6856001e964e56620398a5ac68264f95f95", "sections": [ { "guid": "44632955", "number": "§ 6.02.010", "title": "Applicability of traffic laws.", "text": "Every person riding a bicycle upon a street or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles, this Code or other ordinances of this city applicable to the driver of a vehicle, except as to those provisions of laws and ordinances which by their nature can have no application, and except as otherwise provided in this chapter.", "history": "(Code 1964 § 4-3.1713; Ord. 442 §1; Ord. 1183 § 1)" }, { "guid": "44632956", "number": "§ 6.02.020", "title": "Obedience to traffic control devices.", "text": "Any person operating a bicycle shall obey the instructions of official traffic control signs, and other control devices applicable to vehicles and bicycles, unless otherwise directed by a police officer.", "history": "(Code 1964 § 4-3.1714; Ord. 442 § 2)" }, { "guid": "44632957", "number": "§ 6.02.030", "title": "Speed.", "text": "No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.", "history": "(Code 1964 § 4-3.1717)" }, { "guid": "44632958", "number": "§ 6.02.040", "title": "Emerging from alley, driveway, bicycle path, etc.—Entering bicycle lane or roadway.", "text": "The operator of a bicycle emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or a sidewalk area extending along any such area shall yield the right-of-way to all pedestrians approaching on such sidewalk or sidewalk area, and upon entering a bicycle lane, shall yield the right-of-way to all bicycles approaching on such lane, and upon entering the roadway shall yield the right-of-way to all vehicles or bicycles approaching on such roadway.", "history": "(Code 1964 § 4-3.1718; Ord. 442 § 4; Ord. 568 § 2)" }, { "guid": "44632959", "number": "§ 6.02.050", "title": "Skateboards on publicly used private property.", "text": "(a) Publicly used private property. For purposes of this section, \"publicly used private property\" means any privately owned real property and improvements held open by its owners to access or use by the public, including, but not limited to, retail and department stores, shopping centers and shopping malls, professional and administrative offices, banks and other financial institutions, hotels and motels, churches, hospitals and restaurants, and privately owned parking lots, roadways, and sidewalks included on or associated with such real property and improvements.(b) No person shall use, ride or otherwise operate a skateboard on any publicly used private property when signs are posted as provided in this section.(c) Section 6.02.050(b) shall apply only to those publicly used private properties which have conspicuously posted at all entrances to the property signs substantially conforming to the requirements of this subsection.(1) No sign shall be posted without prior written approval from the city manager or the city manager's designee. The city manager shall approve posting the property only if he or she finds the use or riding of skateboards on such publicly used private property will endanger pedestrian traffic or the public safety.(2) Signs shall be metal, at least eighteen inches by twenty-four inches in size, containing red letters, at least one inch in height, on a white background, and shall state: NO USE OR RIDING OF SKATEBOARDS ON THIS PROPERTY. SECTION 6.02.050, DAVIS CITY CODE.", "history": "(Ord. 1692 § 1)" }, { "guid": "44632965", "number": "§ 6.02.060", "title": "Riding bicycles or skateboards on sidewalks, roadways or playgrounds.", "text": "(a) No person shall ride or propel a bicycle or skateboard upon a sidewalk or any improvements constructed or placed on a sidewalk within the central traffic district as defined in Section 22.01.010 of this Code, except a person may ride a bicycle or skateboard across a sidewalk only as may be necessary to enter or leave property adjacent to that sidewalk.(b) No person shall ride, use or otherwise operate or propel a skateboard on any public right-of-way, roadway, pavement, parking lot or sidewalk located within the following area: Beginning at a point of the extension of the north curb of 2nd Street to the centerline of the westernmost Southern Pacific rail-road track; then southerly along the centerline of the westernmost Southern Pacific railroad track to an extension of the southernmost east/west building line of 130 G Street; then westerly along that building line extension to the south east corner of 130 G Street; then northerly along the east building face of 130 G Street to the point of beginning. (SP and bus depot)(c) The city traffic engineer is authorized to erect or place signs in any other district on any sidewalk or roadway, prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same. Before such sign is erected or placed, it must be found by the safety advisory commission that the riding of bicycles on such sidewalk or roadway will endanger pedestrian traffic or the public safety, or that a property right or interest belonging to the city may be terminated or forfeited if the riding of bicycles on such sidewalk or roadway is not prohibited.(d) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.(e) No person shall ride or operate a bicycle upon any playground, park or school ground, where children are playing, without the permission of the persons having supervision of the playground, park or school ground.(f) This section shall not apply to members of the Davis police department while engaged in their official duties.", "history": "(Code 1964 § 4-3.1722; Ord. 871 § 2; Ord. 1726 § 1; Ord. 1731 § 1; Ord. 2643 § 1, 2023; Ord. 2664, 8/27/2024)" }, { "guid": "44632972", "number": "§ 6.02.070", "title": "Bicycles prohibited at the Davis Skateboard Park.", "text": "No person shall use, ride, propel or otherwise operate a bicycle within or upon the City of Davis Skateboard Park except at those times, if any, when the city specifically allows for such activity. Times when bicycle use is permitted, if any, shall be posted at the skateboard park or shall be otherwise authorized by the city, in writing, through a schedule of skateboard park use. Such times may change from time to time, without notice. The city shall not allow bicycle use during any time period in which the city allows persons using or riding skateboards or using in-line skates to use the City of Davis Skateboard Park. All users of the skateboard park shall comply with the provisions of Section 27.02.090 at all times. The City of Davis Skateboard Park is that property located in Community Park at 1405 F Street.", "history": "(Ord. 2060, 2001; Ord. 2086, 2002)" } ] }, { "guid": "44632973", "title": "BICYCLE PATHS AND LANES", "number": "6.03", "url": "https://ecode360.com/44632973", "sha256": "eb50148e980bbf10498fc65d1efad3ae6872f9eb048e77772e0bf1aae28a4d85", "exportedArticleSha256": "0f517f0055a2b6f5775a6b0c94101ab4e8c40426636650f8c5953ba63b8e2185", "sections": [ { "guid": "44632974", "number": "§ 6.03.010", "title": "Establishment—Signs.", "text": "The city engineer is authorized to erect or place signs upon any street, or adjacent to any street in the city, indicating the existence of a bicycle lane and otherwise regulating the operation and use of vehicles and bicycles with respect thereto.", "history": "(Ord. 442 § 5; Ord. 871 § 1; Ord. 2664, 8/27/2024)" }, { "guid": "44632975", "number": "§ 6.03.020", "title": "Walking bicycles.", "text": "Bicycles may be walked subject to all provisions of law applicable to pedestrians.", "history": "(Ord. 442 § 5)" }, { "guid": "44632976", "number": "§ 6.03.030", "title": "Vehicles exempted from Section 21209 of the State Vehicle Code.", "text": "Traffic enforcement vehicles operated by the police department and maintenance vehicles involved in routine or emergency maintenance and operated by the public works department, community services department, post office and waste collection are exempted from Section 21209 of the Vehicle Code of the state.", "history": "(Ord. 442 § 5; Ord. 568 § 5; Ord. 871 § 1; Ord. 2390 § 14, 2012)" }, { "guid": "44632977", "number": "§ 6.03.040", "title": "Bicycle parking—Impoundment.", "text": "(a) Bicycles found to be parked in violation of Vehicle Code Section 21210, or in violation of posted restrictions, on any public path, sidewalk or street, may be removed and impounded by any person entitled to issue a notice to appear for such violation so long as signs are posted giving notice of the removal from the restricted area, including the telephone number of the police department.(b) Bicycles appearing abandoned on any public path, sidewalk or street may be removed and impounded by any person entitled to issue a notice to appear for such violation.(c) Procedures for removal and storage of such bicycles shall be the same as prescribed for vehicles by Vehicle Code Section 22850 et seq., except for:(1) Those provisions which by their nature can have no application to bicycles;(2) Sections 22853 and 22854 of the Vehicle Code.(d) Notice of impoundment shall be given to the owner of any impounded bicycle if the owner's name and address can be ascertained from any license, registration or other identification on the bicycle.(e) The police department may charge a reasonable fee for recovery of an impounded bicycle to cover the costs of impoundment, storage, recordkeeping and other associated costs. Unclaimed bicycles may be disposed of in the same fashion as other unclaimed bicycles which are held by the city.(f) For use in this section the term \"appearing abandoned\" shall refer to the condition of a bicycle in a state of disuse or neglect as evidenced by missing components, flat tires, or other signs of disuse or neglect.(g) Prior to removing a bicycle that appears abandoned, notice shall be placed on the bicycle warning the owner of impoundment. Such notice shall be placed on a bicycle a minimum of twenty-four hours prior to impoundment.", "history": "(Ord. 1197 § 2; Ord. 1984 § 1, 1999)" } ] }, { "guid": "44632987", "title": "BICYCLE TRAFFIC CONTROL SIGNALS", "number": "6.04", "url": "https://ecode360.com/44632987", "sha256": "978590ee4f949a4378fef6c935192c56e633ce48bb50f240065e8de6730d90ff", "exportedArticleSha256": "194e1869c3b2d349845606123157d5283220147031c4d649825a8c9e77474e2f", "sections": [ { "guid": "44632988", "number": "§ 6.04.010", "title": "Bicycle traffic subject to bicycle traffic control signals.", "text": "(a) Whenever bicycle traffic is controlled by traffic control signals showing colored lighted bicycle symbols, only the colors green, yellow and red shall be used, and those lights shall apply to bicyclists and pedestrians as provided in this article. At those intersections bicyclists shall obey such traffic control signals and no others. Any bicyclist eighteen years of age or older who fails to obey such traffic control signals shall be guilty of an infraction, punishable as provided by California Government Code Section 36900. Any bicyclist under the age of eighteen years who fails to obey such traffic control signals shall be subject to the provisions of Section 6.01.040 of the Davis Municipal Code.(b) At signalized intersections controlled in part by bicycle signals, bicyclists shall make their approach to the intersection from a bike lane or bike path. The city traffic engineer may authorize placement of signs on the approaches to these intersections directing bicycle movements.", "history": "(Ord. 1666 § 2)" }, { "guid": "44632991", "number": "§ 6.04.020", "title": "Green bicycle signal.", "text": "(a) A bicyclist facing a green bicycle signal shall proceed straight through, or turn right, or left, or make a U-turn unless a sign prohibits a U-turn. Any bicyclist, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.(b) A bicyclist facing a green bicycle signal shown in conjunction with a green arrow shall enter the intersection only to make the movement indicated by that green arrow or any other movement that is permitted by other indications shown at the same time. A bicyclist shall yield the right-of-way to pedestrians lawfully within the intersection or an adjacent crosswalk.(c) A pedestrian facing a green bicycle signal, unless prohibited by sign or otherwise directed by a pedestrian control signal as provided in Section 21456 of the California Vehicle Code, may proceed across the roadway within any marked or unmarked crosswalk, but shall yield the right-of-way to traffic lawfully within the intersection at the time that signal is first shown.", "history": "(Ord. 1666 § 2)" }, { "guid": "44632995", "number": "§ 6.04.030", "title": "Yellow bicycle signal.", "text": "(a) A bicyclist facing a yellow bicycle signal is warned that the green bicycle signal is ending or that a red bicycle signal will be shown immediately.(b) A pedestrian facing a yellow bicycle signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456 of the California Vehicle Code, is, by that signal, warned that there is insufficient time to cross the roadway and shall not enter the roadway.", "history": "(Ord. 1666 §2)" }, { "guid": "44632998", "number": "§ 6.04.040", "title": "Red bicycle signal.", "text": "(a) A bicyclist facing a steady red bicycle signal shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subsection (b) of this section.(b) Except when a sign is in place prohibiting a turn, a bicyclist, after stopping as required by subsection (a), facing a steady red bicycle signal, may turn right, or turn left from a one-way street onto a one-way street. A bicyclist making such a turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to traffic lawfully using the intersection.(c) A bicyclist facing any color of bicycle signal shown in conjunction with a red arrow shall not enter the intersection to make the movement indicated by the red arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456 of the California Vehicle Code, a pedestrian facing a red bicycle signal shall not enter the roadway.", "history": "(Ord. 1666 § 2)" }, { "guid": "44633003", "number": "§ 6.04.050", "title": "Relation of bicycle signals to vehicles.", "text": "A driver of any vehicle, other than a bicycle, facing a bicycle signal shall be controlled only by the circular or arrow traffic control signals at the intersection pursuant to Sections 21450 through 21454 of the California Vehicle Code.", "history": "(Ord. 1666 § 2)" } ] }, { "guid": "44633004", "title": "BICYCLE- AND SCOOTER-SHARING BUSINESSES AND REGULATIONS", "number": "6.05", "url": "https://ecode360.com/44633004", "sha256": "d9fada3dde9cb83ffaa0776a55e658eaeb83fdd9d96767172316e555f1400228", "exportedArticleSha256": "755324fca6f4577089465e43f0afc5edf193cc27acfe2fff6432e7671a685113", "sections": [ { "guid": "44633005", "number": "§ 6.05.010", "title": "Definitions.", "text": "As used in this article, the following terms shall have the following meanings:Bicycle parking spacemeans any space in the public right-of-way in which a shared micromobility device may be parked in compliance with this chapter.Bicycle rack or rackmeans a stationary fixture, including charging stations, intended to be used for securely attaching a shared micromobility device to prevent movement or theft.City managermeans the city manager or designee.Customermeans any person using a bicycle- or scooter-share device.Director of community developmentmeans the city's director of community development department or designee.Director of public worksmeans the city's director of public works or designee.Shared micromobility devicemeans a bicycle, electric bicycle, or scooter that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.Shared micromobility device fleetmeans all shared micromobility devices operated by a specific shared micromobility device provider.Shared micromobility operatormeans a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633015", "number": "§ 6.05.020", "title": "Shared micromobility device business permit required.", "text": "(a) No person shall operate a shared micromobility device business unless the person holds a valid shared micromobility device business permit issued pursuant to this article, and enters into an agreement regarding the same, which shall constitute part of the permit.(b) Shared micromobility device business permits are the property of the city and are not transferable.(c) The city, in its sole discretion, may determine how many permit(s) to issue.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633019", "number": "§ 6.05.030", "title": "Application for a shared micromobility device business permit.", "text": "An application for a shared micromobility device business permit or its renewal shall be filed with the department of public works on a form prescribed by the director of public works, approved by the city manager, and shall include, at minimum:(a) The applicant's true name, address, and telephone number; and the true and fictitious name, address, and telephone number of the shared micromobility device operator;(b) Written evidence that the applicant is an owner or legal representative of the bicycle-share business;(c) The name, address, and telephone number of a local point of contact;(d) A copy of a valid business license issued by the city;(e) Proof of compliance with the insurance requirements set forth in this article;(f) A nonrefundable shared micromobility device business permit application fee; and(g) Such other material as the city manager or director of public works may require to carry out the purposes of this chapter.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633027", "number": "§ 6.05.040", "title": "Term of shared micromobility device business permits.", "text": "Shared micromobility device business permits are valid for one year, unless suspended or revoked sooner. Shared micromobility device business permits may be renewed pursuant to Section 6.05.070.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633028", "number": "§ 6.05.050", "title": "Application, renewal, and fleet expansion fees.", "text": "(a) The following fees are hereby established and imposed:(1) Shared micromobility device business permit application fee;(2) Shared micromobility device business permit renewal application fee;(3) Shared micromobility device business fleet expansion fee.(b) The amounts of the fees described in subsection (a) shall be established by resolution of the city council.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633034", "number": "§ 6.05.060", "title": "Shared micromobility device fleet expansion.", "text": "(a) No shared micromobility device operator shall expand its shared micromobility device fleet beyond the permitted amount specified in the shared micromobility device business permit, until such expansion has been approved by the director of public works pursuant to this article.(b) An application to expand a shared micromobility device fleet shall be filed with the department of public works on a form prescribed by the director of public works.(c) Every application for expansion of a shared micromobility device fleet shall be accompanied by a nonrefundable fleet expansion fee.(d) Notwithstanding any provision to the contrary in this chapter, the city reserves the right to limit the number of shared micromobility devices to be operated by the shared micromobility device operator, based on the projected impact to city streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633039", "number": "§ 6.05.070", "title": "Shared micromobility device business permit renewal.", "text": "A shared micromobility device business permit is renewable upon the filing and approval of a renewal application and payment of the nonrefundable permit renewal fee. The renewal application shall be on a form prescribed by the city manager.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633040", "number": "§ 6.05.080", "title": "Issuance of a shared micromobility device business permit.", "text": "Except as provided in Section 6.05.130, a shared micromobility device business permit may be issued or renewed if there are no grounds for denial in accordance with Section 6.05.090, and after the director of public works has:(a) Physically inspected the applicant's shared micromobility devices to ensure compliance with this article and applicable state laws; provided, however, that the director of public works may accept proof of compliance with this chapter and the applicable state requirements for operating a shared micromobility device in lieu of conducting an inspection; and(b) Received a determination from the director of community development that the proposed shared micromobility device business location and storage location, if within the city, complies with applicable zoning regulations and other applicable laws; and(c) Confirmed the shared micromobility device operator's compliance with the bicycle parking space requirement, pursuant to Section 6.05.110.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633044", "number": "§ 6.05.090", "title": "Grounds for denying a shared micromobility device business permit.", "text": "The director of public works may deny an application for a shared micromobility device business permit or its renewal on the following grounds:(a) The application is incomplete.(b) The applicant is in violation of any provision of this article.(c) The applicant is delinquent on any payment of money to the city, including any fees, fines, penalties, or taxes.(d) The applicant has had its shared micromobility device business permit revoked within three years of the date the application was submitted.(e) The applicant's operation of a shared micromobility device would be a threat to the public health, safety or welfare.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633050", "number": "§ 6.05.100", "title": "Insurance requirements.", "text": "(a) A shared micromobility device operator shall maintain at all times in full force and effect at its sole expense, the following minimum insurance:(1) General liability for bodily injury, including death, of one or more persons, property damage, and personal injury. Coverage shall include all customers, and shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars per occurrence and not less than five million dollars aggregate for all occurrences during the policy period.(2) Automobile liability insurance providing protection against claims of bodily injury, including death, of one or more persons, personal injury, and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. Coverage shall be at least as broad as ISO CA 00 01 (any auto), with limits of not less than one million dollars per accident.(b) The city, its officials, and employees shall be covered by policy terms or endorsement as additional insureds regarding general liability and automobile liability arising out of activities performed by or on behalf of the shared micromobility device operator.(c) The shared micromobility device operator's insurance coverage shall be primary insurance as it pertains to the city, its officials, and employees.(d) The city must be provided with thirty days' prior written notice of cancellation or material change in the policy language or terms by both the shared micromobility device operator and the insurer.(e) The shared micromobility device operator shall furnish the city with certificates and endorsements evidencing the insurance required, which must be maintained during the term of a shared micromobility device business permit. The city may suspend, modify, or revoke a shared micromobility device operator's vehicle permit if current certificates of insurance and required endorsements have not been provided.(f) Notwithstanding the above, the city may, in its sole discretion, determine that different or greater insurance requirements are necessary for the public health and safety.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633059", "number": "§ 6.05.110", "title": "Bicycle parking spaces required.", "text": "(a) No person shall operate a shared micromobility device business unless and until they have provided and maintain at least one and one-half bicycle parking spaces in the city for every shared micromobility device bicycle to be operated by the shared micromobility device operator, as approved by the city. The bicycle parking spaces shall be provided on bicycle racks that satisfy the city's bicycle parking standards, to the satisfaction of the director of public works. Notwithstanding the above, the city manager may waive the parking requirements in this subsection.(b) In approving a shared micromobility device operator's proposed bicycle parking spaces, the director of public works shall consider, and may condition approval, on the following:(1) The proposed size, materials, and location of the bicycle racks, consistent with all applicable zoning requirements and city regulations;(2) The placement of the racks so as not to obstruct the public's use of the sidewalk and/or street;(3) Any other conditions as may be necessary for protection of the public safety and welfare.(c) The installation of shared micromobility device parking spaces and bicycle racks in the city are subject to encroachment permit requirements, as set forth in Section 35.01.040 of this Code, which may be issued in accordance with the requirements set forth in this section.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633066", "number": "§ 6.05.120", "title": "Retrieval of shared micromobility devices.", "text": "A shared micromobility device operator, or authorized agent, shall, within ninety minutes of notice from the city, retrieve their shared micromobility devices that are in any of the following conditions:(a) Shared micromobility device that are inoperable or not safe to operate, and parked in the public right-of-way;(b) Within downtown, a shared micromobility device that is not locked to a bicycle rack in an upright position, or that otherwise violates city bicycle parking and use regulations;(c) Shared micromobility devices with a battery or motor determined by the city to be unsafe for public use.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633070", "number": "§ 6.05.130", "title": "Grounds for suspending, revoking, or modifying a permit.", "text": "The director of public works may suspend, revoke, or modify any shared micromobility device business permit issued pursuant to this article on any of the following grounds:(a) That the permitted shared micromobility device business is being operated in a manner that constitutes a nuisance, or is injurious to the public health, safety, or welfare;(b) The operation of the shared micromobility device violates any condition of the permit or city approved application and plans, including any conditions or requirements imposed in an encroachment permit obtained for providing device parking spaces;(c) The shared micromobility device operator fails to pay any fines, penalties, fees or damages lawfully assessed upon it;(d) The shared micromobility device operator violates any provision of this article or any other applicable law;(e) The shared micromobility device operator fails to collect its shared micromobility devices from the city within thirty calendar days of receiving written notice from the city of impoundment pursuant to Section 6.05.150 of this Code; or(f) Circumstances that would have been grounds for denial of the permit application.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633077", "number": "§ 6.05.140", "title": "Right of appeal from denial, suspension, modification, or revocation of a shared micromobility device business permit.", "text": "Any applicant or permittee aggrieved by a decision of the director of public works in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the following procedures:(a) Appeal to city manager or designee.(1) Any applicant or permittee who desires to appeal a decision of the director of public works may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:(A) A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;(B) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;(C) The signatures of all parties named as appellants and their official mailing addresses; and(D) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.(2) Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.(3) Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.(4) Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.(5) Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.(6) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.(7) In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct bicycle-share business operations during the pendency of any appeal.(b) Hearings—Generally.(1) At the time set for hearing, the hearing officer shall proceed to hear the testimony of the director of public works, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.(2) The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.(3) The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.(4) In any proceedings under this article, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.(c) Conduct of hearing.(1) Hearings need not be conducted according to the technical rules relating to evidence and witnesses.(2) Oral evidence shall be taken only upon oath or affirmation.(3) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.(4) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.(5) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.(6) Each party shall have these rights, among others:(A) To call and examine witnesses on any matter relevant to the issues of the hearing;(B) To introduce documentary and physical evidence;(C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;(D) To impeach any witness regardless of which party first called the witness to testify;(E) To rebut the evidence presented against the party; and(F) To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.(7) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.(d) Form and contents of decision—Finality of decision.(1) If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the director of public works' decision to deny, suspend, modify, revoke or condition the permit. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the director of public works' determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.(2) The city manager's determination of the appeal shall be final.(3) The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.(4) The decision shall be final when signed by the city manager and served as provided in this section.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633114", "number": "§ 6.05.150", "title": "Impoundment.", "text": "(a) The city may impound shared micromobility devices that are not retrieved by the shared micromobility device operator pursuant to Section 6.05.120 or as provided for in the Vehicle Code. The city may impound devices immediately if the device is obstructing the sidewalk or presents a public safety concern.(b) If the city incurs any costs for impounding shared micromobility devices pursuant to this section, the shared micromobility device operator shall reimburse the city for the costs of impoundment within thirty calendar days from the date of written notice of the impoundment from the city.(c) In addition to the remedies provided in this section, the shared micromobility device business permit may be revoked or suspended for failure to collect the impounded shared micromobility device after thirty calendar days from the city's written notice of impoundment.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633118", "number": "§ 6.05.160", "title": "Violations.", "text": "(a) In addition to any other remedy allowed by law, any person who violates a provision of this article may be subject to criminal sanctions, civil actions, and administrative penalties pursuant to Article 1.02 of this Code.(b) Violations of this article are hereby declared to be a public nuisance.(c) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this article.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" }, { "guid": "44633122", "number": "§ 6.05.170", "title": "Shared micromobility devices.", "text": "(a) Shared micromobility devices that are electric bicycles and scooters as defined in California Vehicle Code shall be equipped with software or other mechanisms to prevent the motor from providing assistance when the device's speed exceeds fifteen miles per hour.(b) Shared micromobility device operators shall additionally ensure that customers are informed of the following:(1) Customers shall use bicycle and scooter share devices in accordance with all applicable city ordinances, regulations, and state law applicable to bicycles and electric bicycles.(2) Within the downtown, customers shall properly secure shared micromobility device bicycles to racks, and shall not leave a shared micromobility device bicycle unattended and lying on its side on any portion of a sidewalk, street or highway so as to obstruct pedestrian or vehicular travel. Shared micromobility devices parked outside of downtown are permitted to park on the street perpendicular to the curb, like a motorcycle.(3) Customers under age eighteen are required by California law to wear a bicycle helmet.", "history": "(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)" } ] }, { "guid": "44634303", "title": "IN GENERAL", "number": "7.01", "url": "https://ecode360.com/44634303", "sha256": "5f92b736967ea4b5e395503de5f49c2f47aa0cf51a2155fb8479d5c86affb782", "exportedArticleSha256": "47969b2f1b4965440c32066dd81dd3139c89698d60b077756bb72c55de2e7beb", "sections": [ { "guid": "44634304", "number": "§ 7.01.010", "title": "Intent.", "text": "This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution.", "history": "(Ord. 851 § 1)" }, { "guid": "44634305", "number": "§ 7.01.020", "title": "Authorization.", "text": "Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted pursuant to this chapter.", "history": "(Ord. 851 § 2)" }, { "guid": "44634306", "number": "§ 7.01.030", "title": "License required.", "text": "No person shall conduct or participate in a bingo game which is not licensed pursuant to this chapter.", "history": "(Ord. 851 § 3)" }, { "guid": "44634307", "number": "§ 7.01.040", "title": "Application.", "text": "(a) Each organization seeking a license to conduct bingo games shall file with the police chief an application and license fee of twenty-five dollars. In the event an application for license is denied, one-half of the license fee paid shall be refunded to the organization. Except as provided in this section, the license shall be nonrefundable.(b) The application shall be filed at least five working days prior to the initial game and shall include:(1) The name and address of the organization which is seeking to conduct the game.(2) The name and address of the organization for whose benefit the game is conducted.(3) The names and addresses of the officers of the organization or organizations, set forth pursuant to paragraphs (1) and (2) of this subsection.(4) The building or location where the game will be conducted.(5) The days or dates and hours during which the game will be conducted.(6) Such other information as the police chief deems relevant to the enforcement of this chapter.", "history": "(Ord. 851 § 4; Ord. 1110 § 1)" }, { "guid": "44634316", "number": "§ 7.01.050", "title": "Investigation.", "text": "The chief of police, fire chief and building official shall investigate the applicants and locations of the proposed games to determine if the applicants meet the requirements of this chapter and to determine if the locations and times of the games comport with the public health, safety, welfare and morals.", "history": "(Ord. 851 § 5)" }, { "guid": "44634317", "number": "§ 7.01.060", "title": "Issuance of license.", "text": "Upon finding that the applicant meets the qualifications of this chapter, and that the location and times of the proposed games comport with the public health, safety, welfare and morals, the police chief shall issue a license to the organization setting the location, times and other conditions necessary to protect the public health, safety, welfare and morals in the conduct of the game.", "history": "(Ord. 851 § 6; Ord. 1110 § 1)" }, { "guid": "44634318", "number": "§ 7.01.070", "title": "Revocation.", "text": "(a) The chief of police may revoke or temporarily suspend any license issued under this chapter if one of the following occurs:(1) The licensee is in violation of any of the provisions of this chapter, the Penal Code of the State of California, or any other applicable federal, state or local law, rule or regulation; or(2) The chief of police finds that by reason of criminal activity occurring on the premises where the bingo game is being conducted, or by virtue of acts by the patrons of the bingo game, that the public is subject to the immediate risk of harm or criminal or deceitful practices.(b) Revocation and temporary suspension—Notice of suspension/revocation. The revocation or temporary suspension of the license shall be effective twenty-four hours following delivery of a notice of suspension/revocation to the licensee. Notice may be delivered personally or by mail to the licensee or, if the licensee is unavailable, to the person in charge of the bingo game.(c) Appeal. Any aggrieved person wishing to appeal the decision of the police chief may do so by filing a written notice of appeal with the city clerk within ten calendar days of the date of decision. Upon failure to file such notice within the ten-day period, the action of the police chief shall be final. Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer. The hearing officer shall schedule, notice, and hold a hearing on the appeal. If the city manager hired or appointed a hearing officer, then following the hearing and after reviewing the testimony and evidence presented at the hearing, the hearing officer shall issue a recommendation to the city manager regarding the propriety of the police chief's determination. Based upon a review of the hearing transcript (if available) and the evidence, the city manager shall accept, amend and accept, or reject the hearing officer's recommendation. Such action shall constitute the city manager's determination of the appeal, which determination shall be final.", "history": "(Ord. 851 § 7; Ord. 2390 § 15, 2012)" }, { "guid": "44634324", "number": "§ 7.01.080", "title": "Eligible organizations.", "text": "Licenses shall be granted only to organizations exempted from the bank and corporation tax by Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(1) of the Revenue and Taxation Code and to mobile home park associations and senior citizen organizations; and provided that the proceeds of such games are used only for charitable purposes.", "history": "(Ord. 851 § 8; Ord. 1110 § 1)" }, { "guid": "44634325", "number": "§ 7.01.090", "title": "Minors.", "text": "No person under eighteen years of age shall be allowed to participate in any bingo game.", "history": "(Ord. 851 § 9)" }, { "guid": "44634326", "number": "§ 7.01.100", "title": "Ownership or leasing of premises.", "text": "A licensed organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized.", "history": "(Ord. 851 § 10; Ord. 1110 § 1)" }, { "guid": "44634327", "number": "§ 7.01.110", "title": "Open to the public.", "text": "All bingo games shall be open to the public and not just to the members of the licensed organization.", "history": "(Ord. 851 § 11; Ord. 1110 § 1)" }, { "guid": "44634328", "number": "§ 7.01.120", "title": "Operation of game.", "text": "A bingo game shall be operated and staffed only by members of the licensed organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of the game.", "history": "(Ord. 851 § 12; Ord. 1110 § 1)" }, { "guid": "44634329", "number": "§ 7.01.130", "title": "Financial interest prohibited.", "text": "No individual, corporation, partnership or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of such bingo game.", "history": "(Ord. 851 § 13)" }, { "guid": "44634330", "number": "§ 7.01.140", "title": "Special account for funds.", "text": "With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from the bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profit shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:(a) Such proceeds may be used for prizes.(b) A portion of such proceeds, not to exceed ten percent of the proceeds before the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses.(c) Such proceeds may be used to pay license fees.", "history": "(Ord. 851 § 14; Ord. 1110 § 1)" }, { "guid": "44634334", "number": "§ 7.01.150", "title": "Physical presence required.", "text": "No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.", "history": "(Ord. 851 § 15)" }, { "guid": "44634335", "number": "§ 7.01.160", "title": "Prizes.", "text": "The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind or both for each separate game which is held.", "history": "(Ord. 851 § 16)" }, { "guid": "44634336", "number": "§ 7.01.170", "title": "Record keeping.", "text": "Licensees shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time.", "history": "(Ord. 851 § 17)" } ] }, { "guid": "44634338", "title": "IN GENERAL", "number": "8.01", "url": "https://ecode360.com/44634338", "sha256": "2fd2a89ade8e35d08cc38edc8f23a521f023835591ff09ebf85c1ae216c5d24c", "exportedArticleSha256": "79c1d336bc8e2bdc5fa6934bbffb7d0cf80e750e5f3088ae66f1f15bdfd730be", "sections": [ { "guid": "44634339", "number": "§ 8.01.010", "title": "Adoption by reference of the California Building Standards Code.", "text": "(a) The following California Building Standards Codes are adopted by reference:(1) The 2025 Edition of the California Building Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, Appendix G (Flood resistant Construction), Appendix I (Patio Covers), Appendix N (Replicable Buildings), and Appendix Q (Emergency Housing), with the amendments set forth in Section 8.01.040.(2) The 2025 Edition of the California Residential Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, Appendix BF (Patio Covers), Appendix BB (Tiny Houses), Appendix BO (Existing Buildings and Structures) and Appendix CJ (Emergency Housing), with the amendments set forth in Section 8.01.050.(3) The 2025 Edition of the California Electrical Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Article 89 General Provisions and Chapter 9 Tables, with the amendments set forth in Section 8.01.060.(4) The 2025 Edition of the California Fire Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, with the amendments set forth in the Davis Municipal Code Chapter 13.(5) The 2025 Edition of the California Mechanical Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, and Appendix A, with the amendments set forth in Section 8.01.070.(6) The 2025 Edition of the California Plumbing Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, and Appendix D (Sizing Storm Water Drainage Systems), and Appendix R (Tiny Houses), with the amendments set forth in Section 8.01.080.(7) The 2025 Edition of the California Green Building Standards Code, as adopted by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, Appendix A4 (Residential Voluntary Measures) and A5 (Nonresidential Voluntary Measures), with the amendments set forth in Section 8.01.090.(8) The 2025 Edition of the California Energy Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1, with the amendments set forth in Sections 8.01.100 and 8.01.110.(9) The 2025 Edition of the California Wildland-Urban Interface Code, as adopted by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations.(10) The 2025 Edition of the California Historic Building Code, as adopted by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations.(11) The 2025 Edition of the California Existing Building Code, as adopted by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations.(b) The following additional model codes are adopted by reference:(1) The 2024 Uniform Solar, Hydronics and Geothermal Code, an American National Standard, IAPMO/ANSI USHGC 1 — 2024.(2) The 2024 Uniform Swimming Pool, Spa and Hot Tub Code, an American National Standard, IAPMO/ANSI USPSHTC 1 — 2024.(c) There is one copy of said codes on file in the office of the chief building official for use and examination by the public.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634353", "number": "§ 8.01.020", "title": "Definition of terms.", "text": "Wherever any of the names or terms defined in this article are used in the International Building Code, National Electrical Code, International Fire Code, International Residential Code, Uniform Mechanical Code, the Uniform Plumbing Code, the California Energy Code, the California Wildland-Urban Interface Code, the California Historic Building Code, the California Existing Building Code or the California Green Building Standards Code, each term or name shall have the meaning ascribed to it in this section.\"Chief of the bureau of fire prevention\"shall mean the fire marshal or fire chief.\"City of\" or \"the city\" or \"jurisdiction\"shall mean the City of Davis, California. All other names or terms shall apply to the appropriate officer of the City of Davis.\"Corporate counsel\"shall mean the city attorney for the city.\"International Mechanical Code\"shall be replaced with \"Uniform Mechanical Code.\"\"International Plumbing Code\"shall be replaced with \"Uniform Plumbing Code.\"\"Should\" or \"it is recommended\"is intended to be read as mandatory, not directory.\"This Code\"shall mean the California Code of Regulations Title 24, 2025 California Building Standards Code, including all volumes, appendices, and trade disciplines.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634361", "number": "§ 8.01.030", "title": "Limitation on liability of the city.", "text": "This chapter imposes no liability or responsibility on the city for damages resulting from defective buildings; nor shall the city or any official or employee thereof be held as assuming any liability or responsibility by reason of the inspection authorized by this chapter.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634362", "number": "§ 8.01.040", "title": "Amendments, deletions and additions to the California Building Code.", "text": "The California Building Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this section. The section numbers herein reference said California Building Code.(a) Chapter 1 Section 1.11.2.1.1 #1 is hereby amended to read as follows as mandated by state law:The City of Davis delegates to the Chief Building Official the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code.(b) Chapter 1 Section 105.2, Building, #9 is hereby amended to read as follows:Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, are less than 5,000 gallons, and are installed entirely above ground.(c) Chapter 1 Section 105.5 is hereby amended by adopting Section 105.5.1 as written by the Building Standards Commission (BSC), and printed in the 2025 California Building Standards Code Part 2 of the Title 24 California Code of Regulations. This section shall apply to all permits and extends the expiration of a permit upon issuance, suspension or abandonment to three hundred sixty-five days.(d) Chapter 9 Section 907.2.11.6 is hereby amended to add the following sentence to the end of the paragraph to read as follows:Required smoke alarms shall be connected to a second power source other than a dedicated branch circuit, removable batteries shall not be acceptable.(e) Chapter 16 Section 1612.3 is hereby amended to read as follows:Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled \"The Flood Insurance Study for City of Davis dated December 2002, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section.(f) Chapter 31 Section 3109.2 hereby amends the definitions of \"swimming pool\" and \"enclosure\"; and amends drowning prevention safety procedures as follows, with all other portions of Section 3109.2 to remain the same:(a) \"Swimming pool\" or \"pool\" means any prefabricated, manufactured or site- built structure, either above or below ground, intended for swimming, recreational bathing, or to hold water over 18 inches deep.(c) \"Enclosure\" means a fence, a wall or combination thereof, which completely surrounds the pool and obstructs access to the pool from the house or adjacent properties.(g) Chapter 31 Section 3109.2 regarding Health & Safety Code Section 115922(a) is hereby amended to read as follows:Commencing on January 1, 1998, except as provided in Section 115925, whenever a building permit is issued for construction of a new pool or spa, or any building permit is issued for remodeling a pool or spa, at a private, single family home, the pool shall be isolated from access from other properties by an enclosure that meets the requirements of Section 115923. The pool or spa shall also be equipped with at least two of the following seven drowning prevention safety features:1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.3) A safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.4) Exit alarms on the private single-family home's doors and windows that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that \"the door to the pool is open.\"5) A self-closing, self-latching device with a release mechanism placed no lower than 54\" inches above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 \"Standard Safety Specification for Residential Pool Alarms,\" which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634379", "number": "§ 8.01.050", "title": "Amendments, deletions and additions to the California Residential Code.", "text": "The California Residential Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this section. The section numbers herein reference said California Residential Code.(a) Chapter 1 Section R105.2, Building, #7 is hereby amended to read as follows:Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, are less than 5,000 gallons, and are installed entirely above ground.(b) Chapter 1 Section R105.5 is hereby amended by adopting Section 105.5.1 as written by the Building Standards Commission (BSC), and printed in the 2025 California Building Standards Code Part 2.5 of the Title 24 California Code of Regulations. This section shall apply to all permits and extends the expiration of a permit upon issuance, suspension or abandonment to three hundred sixty-five days.(c) Chapter 1 Section 1.11.2.1.1 #1 is hereby amended to read as follows:The City of Davis delegates to the Chief Building Official the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in the 2025 California Building Standards Code Part 2 Chapter 3 Section 310.1 of the Title 24 California Code of Regulations.(d) Chapter 3 Section R310.6 is hereby amended to add the following sentence to the end of the paragraph to read as follows:Required smoke alarms shall be connected to a second power source other than a dedicated branch circuit, removable batteries shall not be acceptable.(e) Chapter 3 Table R301.2 Climatic and Geographic Design Criteria is amended as follows:TABLE R301.2CLIMATIC AND GEOGRAPHIC DESIGN CRITERIAGROUND SNOW LOADWIND DESIGNSEISMIC DESIGN CATEGORYfSUBJECT TO DAMAGE FROMWINTER DESIGN TEMPeICE BARRIER UNDER-LAYMENT REQUIREDhFLOOD HAZARDSgAIR FREEZING INDEXiMEAN ANUUAL TEMPjSpeedd(mph)Topographic effectskSpecial wind regionWind-borne debris zoneWeatheringaFrost line depthbTermitecZero95NoneNoNoD0Negligible12\"Very Heavy32oNoNFIP 05/23/1979 Flood Insurance Study 12/2002 FIRMS 06/18/2010 06113C0584G 06113C0603G 06113C0604G 06113C0591G 06113C0592G 06113C0611G 06113C0612G 06113C0620G360.1oSee table footnotes in the 2025 CRC R301.2", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634385", "number": "§ 8.01.060", "title": "Amendments, deletions and additions to the California Electrical Code.", "text": "The California Electrical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this section. The section numbers herein reference said California Electrical Code.(a) Article 210.52 (A)(5) is hereby added to read as follows:1) In new single family residential construction, a 120 volt receptacle shall be installed under the dwelling unit's most remote sink, measured from the water heater, to accommodate the future installation of an on-demand hot water recirculation pump.Exception: Where compact hot water design credit is achieved, the receptacle for a future recirculation pump is not required.2) In bathroom or kitchen remodels and additions that include the dwelling unit's most remote sink, measured from the water heater, a 120 volt receptacle shall be installed under the sink to accommodate the future installation of an on- demand hot water recirculation pump.Exception: If it is determined that the installation of the 120-volt receptacle is not practical because the existing wiring is not easily accessible, the receptacle is not required.(b) Article 230.2 is hereby amended to add a second paragraph as follows:All electrical and communication service laterals to any new building or structure, or for any building or structure being remodeled, when such remodeling requires the relocation or replacement of the main service equipment, shall be placed underground on and adjacent to the premises upon which the building or structure is located, in a manner in accordance with applicable rules and regulations of the public utilities involved, on file with the California Public Utilities Commission. This requirement shall be applicable only to those buildings or structures located or to be constructed within the area of the City of Davis bounded by First Street, Fifth Street, \"B\" Street and \"J\" Street. Where compliance with the foregoing requirement is not economically and/or practically feasible, the City of Davis Director of Public Works may permit different service arrangements.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634390", "number": "§ 8.01.070", "title": "Amendments, deletions and additions to the California Mechanical Code.", "text": "The California Mechanical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this chapter. The section numbers herein reference said California Mechanical Code.(a) Chapter 3 Section 305.1.1 is hereby amended to add the following paragraph after the first paragraph as follows:Protective barriers shall consist of Schedule 40 steel pipe bollard(s), three (3) inches in diameter, filled with concrete, a minimum of thirty (30) inches tall, measured from the floor, and embedded at a minimum depth of 18 inches below ground level. Spacing between bollards shall not exceed four feet on center. If protective barriers are not installed, the bottom of the appliance must be elevated at least six (6) feet above the floor or located out of the normal path of a vehicle using such garage.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634392", "number": "§ 8.01.080", "title": "Amendments, deletions and additions to the California Plumbing Code.", "text": "The California Plumbing Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this chapter. The section numbers herein reference said California Plumbing Code.(a) Chapter 3 Section 312.2 is hereby amended to add a sentence to the end of the paragraph to read as follows:A minimum of 2-inch by 6-inch wall panels shall be used whenever the piping within shear and braced wall panels is greater than 2\" in outside diameter.(b) Chapter 5 Section 507.13.1 is hereby amended to read as follows:Appliances installed in areas where they may be subject to physical damage shall be suitably guarded against such damage by being installed behind protective barriers or by being located no less than 36 inches above the floor, or by being located out of the normal path of vehicles. Protective barriers shall consist of Schedule 40 steel pipe bollard(s) that are three (3) inches in diameter, filled with concrete, a minimum of thirty (30) inches tall, measured from the floor, and embedded at a minimum depth of 18 inches below ground level. Spacing between bollards shall not exceed four feet on center.(c) Chapter 6 Section 609.1 is hereby amended to add the following paragraph after the first paragraph to read as follows:In the construction of all new single-family dwellings and single family attached dwellings, including duplexes, a \"T\" type fitting shall be installed after the house water shut-off valve for future irrigation systems. This \"T\" type fitting shall be a minimum of 3/4 inches in diameter and have a threaded termination with a plug or cap. Exception: Developments provided with irrigation well water supply shall be connected to and use such water for their landscape watering.(d) Chapter 7 Section 704.3 is hereby amended to read as follows:Plumbing fixtures, drains, appurtenances, and appliances used to receive or discharge liquid wastes or sewage shall be directly connected to the sanitary drainage system of the building or premises in accordance with the requirements of the California Plumbing Code.Exception: Pot sinks, scullery sinks, dishwashing sinks, silverware sinks, and other similar fixtures shall be indirectly connected to the drainage system by means of an approved indirect waste installation in accordance with the provisions of Chapter 8 of the California Plumbing Code.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634397", "number": "§ 8.01.090", "title": "Amendments, deletions and additions to the California Green Buildings Standards Code.", "text": "The California Green Building Code adopted herein by reference is hereby amended by the following additions, deletions and amendments set forth in this chapter. The section numbers herein reference said California Green Building Code.(a) Section 101.7 is hereby amended to add the following after the second paragraph:Alterations, Additions and Remodels. Notwithstanding anything in this code to the contrary, additions, alterations and remodels requiring a permit pursuant to Article 8.01 of Chapter 8 of the Davis Municipal Code shall comply with the provisions of this code as amended. The requirements of this code shall apply to such work to the extent applicable.(b) Section 304.1.1 is hereby amended to add the following to the end of the paragraph: All buildings subject to the requirements of the California Green Building Standards Code shall comply with the Tier 1 requirements contained therein excluding energy efficiency which is subject to the energy efficiency reach code in effect.(c) Section 4.106.4.1 of the California Green Building Standards Code is hereby amended to add the following sentence to the end of the paragraph to read as follows:Single Family Residential developments are required to pre-install 8 Gauge wiring to support Level 2 electric vehicle charging.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634401", "number": "§ 8.01.100", "title": "Energy Efficiency Reach Code.", "text": "In addition to all requirements of the California Energy Code applicable to new single-family dwellings and new low-rise multifamily dwellings, mixed-fuel dwellings (dwellings that use natural gas or propane as fuel for space heating, water heating (including pools and spas), cooking appliances, or clothes drying appliances or is plumbed for such equipment) shall comply with the following:(a) New Single-Family Dwellings. New mixed-fuel, single-family dwellings shall be required to meet a Long-Term System Cost (LSC) compliance margin equivalent to a 9.5-point performance improvement as defined by the 2025 California Energy Code. In addition, the electrical system design shall provide capacity for a future retrofit to facilitate the installation of all electric appliances. This includes capacity and space at the electrical service panel, pre-wiring and installed circuit breakers for the following appliances:(1) Heat-pump water heater;(2) Induction stove top and oven;(3) Electric clothes dryer; and(4) Heat-pump for code-required comfort heating.(b) New Low-Rise Multifamily Dwellings. New mixed-fuel, low-rise multifamily dwellings shall be required to meet a Long-Term System Cost (LSC) compliance margin equivalent to a 10-point performance improvement as defined by the 2025 California Energy Code. In addition, the electrical system design shall provide capacity for a future retrofit to facilitate the installation of all electric appliances. This includes capacity and space at the electrical service panel, pre-wiring and installed circuit breakers for the following appliances:(1) Heat-pump water heater (if applicable);(2) Induction stove top and oven;(3) Electric clothes dryer (if applicable); and(4) Heat-pump for code-required comfort heating.(c) Definitions. For purposes of this section, Long-Term System Cost (LSC) means the performance metric adopted by the California Energy Commission in the 2025 California Energy Code and CALGreen Code to replace the prior Energy Design Rating (EDR), representing total lifecycle system cost efficiency compared to a standard design baseline.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634412", "number": "§ 8.01.110", "title": "Energy Efficiency Reach Green Building Code requirements for nonresidential and high-rise residential buildings.", "text": "In addition to all requirements of the Green Building Code applicable to new nonresidential and high-rise multifamily dwellings, the following shall apply:(a) New Nonresidential Buildings. New nonresidential buildings shall comply with the Long-Term System Cost (LSC) compliance margin established for the Tier 1 voluntary performance level under the 2025 California Green Building Standards Code, Appendix A5, A5.203.1.1. for energy efficiency by employing energy efficiency measures. Buildings shall employ approved energy efficiency measures achieving the required LSC margin above the baseline standard design as defined by the 2025 California Energy Code.In addition, a solar photovoltaic (PV) system sized to offset a portion of the total building energy use based on LSC-based performance modeling is required. The PV sizing shall be consistent with the methodology included in the cost effectiveness study provided by TRC. The PV sizing calculations were developed such that PV size would be the lessor of approximately eighty percent offset of the building's modeled annual electric load or fifteen DC watts per square feet of solar zone. The solar zone must have a total area of no less than fifteen percent of the total roof area in accordance with Chapter 9 of the 2025 Nonresidential Compliance Manual.(b) New High-Rise Multifamily Dwellings. New high-rise multifamily dwellings shall comply with the Long-Term System Cost (LSC) compliance margin established for the Tier 1 voluntary performance level under the 2025 California Green Building Standards Code, Appendix A5, A5.203.1.1. for energy efficiency by employing energy efficiency measures. In addition, a PV system sized to offset a portion of the total building energy use based on TDV energy is required. The PV sizing calculations were developed such that PV size would be the less or of approximately eighty percent offset of the building's modeled annual electric load or fifteen DC watts per square feet of solar zone. The solar zone must have a total area of no less than fifteen percent of the total roof area in accordance with Chapter 9 of the 2025 Nonresidential Compliance Manual.(c) New nonresidential and high-rise multifamily buildings shall incorporate EV charging stations as determined by Tables 1 and 2. Each EV charging station installed shall be credited toward the California Green Building Standards Code requirement for charging spaces.TABLE 1 - NONRESIDENTIAL EV CHARGING STATION STANDARDSNonresidentialLand Use CategoryRequired Parking SpacesEV ChargersLand Use(from City Parking Code; City Code § 40.25.090)Retail0-1001. Automobile or machinery sales and service garages2. Banks, post offices, business and professional offices3. Furniture and appliance stores, household equipment or furniture repair shop4. Launderettes5. Restaurants, beer parlors, nightclubs, and cardrooms6. Retail stores, shops, etc.7. Rooming and lodging houses8. Shopping center, neighborhood9. Shopping center, community10. Land uses where up to 50% of spaces serving employees11-51152-1022Every addition 50+1Non-Retail0-1001. Group care homes2. Hospitals3. Hotels and motor hotels, motels4. Manufacturing plants, research or testing laboratories and bottling plants5. Medical or dental clinics6. Rest home, sanatorium, convalescent home or hospital7. Wholesale establishments, warehouses8. Land uses where more than 50% of spaces serving employees11-26127-422Every additional 15+1Destination0-1001. Bowling alleys2. Churches, schools, day care centers and nursery schools3. Dance halls and assembly halls without fixed seats, exhibition halls except assembly rooms in conjunction with auditorium4. Funeral home, mortuaries5. Sports arenas auditoriums, theaters, assembly halls11-36137-622Every additional 15+1Table Notes:(1) All other non-modified Tier 1 standards for nonresidential EV charging apply.(2) All required charging is Level 2 with the exception of non-retail (workplace) charging which can be satisfied by fifty percent Level 1 chargers with fifty percent payment-ready Level 2 chargers due to longer dwell times. Note: calculations for total number of chargers shall be rounded up and rounding shall favor Level 2 chargers.(3) The first two chargers placed at non-retail (workplace) locations must be payment ready Level 2 with subsequent chargers optionally Level 1.(4) Fifty percent of required non-retail (workplace) chargers to be installed prior to issuance of Certificate of Occupancy if approved prior to January 1, 2020. Remaining required chargers do not have to be installed at time of construction but must be pre-wired and have adequate electrical panel capacity for each future charger. After January 1, 2020, all required chargers must be fully installed.(5) Chargers should be placed to serve multiple parking spaces — see design recommendations in Section 5 of the City of Davis EV Charging Plan.(6) EV charging parking spaces shall be included in the required number of parking spaces per Article 40.25 of the City of Davis Zoning Ordinance. If space is available in a parking lot, additional EV charging spaces may be installed beyond the minimum number required subject to review and approval by the department of community development and sustainability.(7) Conversion of existing parking spaces for EV charging purposes shall be reviewed and approved by the director of community development and sustainability to assure a balance between full-size parking spaces, compact parking spaces and parking spaces for persons with disabilities.TABLE 2 - RESIDENTIAL STANDARDSDevelopment TypeTier 1 ModificationsNotesSingle-Family (1-3 units)1. Single-family residential development required to pre-install 8-gauge wiring plus reserve room in electrical panel necessary to support Level 2 electric vehicle charging.1. Addresses key barrier for adding Level 2 home EV chargerMultifamily (4 or more units)1. Multifamily residential development projects are required to provide: (1) Level 1 charging at 5% of all required parking spaces with a minimum of 2 parking spaces served; (2) Level 2 charging at 1% of all required parking spaces where more than 20 parking spaces are required with a minimum of 1 parking space served; (3) conduit adequate for Level 2 charging to serve or reasonably be extended in the future to 25% of all parking spaces; and (4) room in panel(s) and capacity to serve 20% of all parking spaces with Level 1 charging and 5% of all parking spaces with Level 2 charging. Notes: (1) properly located, a single charger can serve multiple parking spaces; (2) Reasonable future extension of conduit would not include the removal or trenching of hardscaped surfaces or areas where mature trees would be expected to establish (e.g., pavement, tree wells, etc.)2. Addresses key barrier for EV use in residential rental settingsTable Notes:(1)All other non-modified Tier 1 standards for residential EV charging apply.(2)Chargers in multifamily residential settings should be placed to serve multiple parking spaces — see design recommendations in Section 5 of the City of Davis EV Charging Plan.(3)Level 1 in the context above is defined as a 20A 120V circuit and Level 2 is defined a 40A 208V/240V circuit.(4)Level 1 is defined as a 120V hardwired EVSE not a household outlet.(5)Monitoring equipment to properly charge tenants is encouraged at multifamily locations.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634416", "number": "§ 8.01.120", "title": "Fees.", "text": "Fees shall be set by resolution of the city council.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634417", "number": "§ 8.01.130", "title": "Effectiveness.", "text": "The ordinance codified in this article is enacted pursuant to approval by the California Building Standards Commission and/or the California Energy Commission, as applicable, as expressly permitted in Government Code Section 50022.2.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634418", "number": "§ 8.01.140", "title": "Declaration of findings.", "text": "As required by the Health and Safety Code of the State of California, the city council finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to said Health and Safety Code are reasonably necessary because of local conditions in that they prescribe local fee schedules and make other changes in said code consistent with a comprehensive building program for the protection and welfare of the city.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634419", "number": "§ 8.01.150", "title": "Compliance with chapter.", "text": "It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove or demolish, convert, equip, use or occupy, maintain any building or structure, or any portion thereof, in the city contrary to, or in violation of this article, or to cause, permit or suffer violations.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634420", "number": "§ 8.01.160", "title": "Violations and penalties.", "text": "Any person, firm or corporation violating, or causing or permitting to be violated, any portion of the provisions of this article is guilty of a misdemeanor offense for each day and every day, or portion thereof, during which any violation is committed, continued or permitted, and upon conviction shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.", "history": "(Ord. 2679, 11/18/2025)" }, { "guid": "44634421", "number": "§ 8.01.170", "title": "Severability of chapter.", "text": "If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this article. The city council hereby declares that it would have passed the ordinance codified in this article and each section or subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses or phrases be declared invalid.", "history": "(Ord. 2679, 11/18/2025)" } ] }, { "guid": "44634422", "title": "FLOOD PREVENTION STANDARDS: AUTHORIZATION, PURPOSE AND METHODS", "number": "8.03", "url": "https://ecode360.com/44634422", "sha256": "eabefc75580fafbf21b1abf86dc9a139f3d08a9cf8a03fa6347e6bb0603d3579", "exportedArticleSha256": "a4d9d2213dd77b0e4d7adc4ba41727a64b74b73f6f2418218764ba483369a474", "sections": [ { "guid": "44634423", "number": "§ 8.03.010", "title": "Statutory authorization.", "text": "The State Legislature has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council does ordain as follows in this article.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634424", "number": "§ 8.03.020", "title": "Findings of fact.", "text": "(a) The flood hazard areas of the city are subject to periodic inundation, which results in possible loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood prevention and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.(b) Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage may also contribute to the flood loss.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634427", "number": "§ 8.03.030", "title": "Purpose.", "text": "It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:(a) To protect human life and health;(b) To minimize expenditure of public money for costly flood control projects;(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;(d) To minimize prolonged business interruptions;(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;(f) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and(h) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634436", "number": "§ 8.03.040", "title": "Methods of reducing flood losses.", "text": "In order to accomplish its purposes, this article includes methods and provisions for:(a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities;(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the tune of initial construction;(c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;(d) Controlling filling, grading, dredging, and other development which may increase flood damage; and(e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.", "history": "(Ord. 1464 § 2)" } ] }, { "guid": "44634442", "title": "FLOOD PREVENTION DEFINITIONS", "number": "8.04", "url": "https://ecode360.com/44634442", "sha256": "4643ea19cc1a82f8a37c2fc5d6b4d13e7cebfe40b3995367f692e2df54640b86", "exportedArticleSha256": "05a714e45a030c11aa7fbb2421d6c805c24d72ab29275e0cf500ef1e52acc054", "sections": [ { "guid": "44634443", "number": "§ 8.04.010", "title": "Interpretation of language.", "text": "Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634444", "number": "§ 8.04.020", "title": "Appeal.", "text": "\"Appeal\" means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634445", "number": "§ 8.04.030", "title": "Area of shallow flooding.", "text": "\"Area of shallow flooding\" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634446", "number": "§ 8.04.040", "title": "Area of special flood hazard.", "text": "See Special flood hazard area.", "history": "(Ord. 1464, 5 2)" }, { "guid": "44634447", "number": "§ 8.04.050", "title": "Base flood.", "text": "\"Base flood\" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the \"one-hundred-year flood\").", "history": "(Ord. 1464 § 2)" }, { "guid": "44634448", "number": "§ 8.04.060", "title": "Basement.", "text": "\"Basement\" means any area of the building having its floor subgrade (below ground level) on all sides.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634449", "number": "§ 8.04.070", "title": "Development.", "text": "\"Development\" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634450", "number": "§ 8.04.080", "title": "Flood or flooding.", "text": "\"Flood\" or \"flooding\" means a general and temporary condition or partial or complete foundation of normally dry land areas from:(a) The overflow of floodwaters;(b) The unusual and rapid accumulation or runoff of surface waters from any source; and/or(c) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634454", "number": "§ 8.04.090", "title": "Flood Boundary and Floodway Map.", "text": "\"Flood Boundary and Floodway Map\" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634455", "number": "§ 8.04.100", "title": "Flood Insurance Rate Map (FIRM).", "text": "\"Flood Insurance Rate Map (FIRM)\" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of special flood hazard, the flow way, and the risk premium zones applicable to the community.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634456", "number": "§ 8.04.110", "title": "Flood Insurance Study.", "text": "\"Flood Insurance Study\" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, and the water surface elevation of the base flood.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634457", "number": "§ 8.04.120", "title": "Floodplain or flood-prone area.", "text": "\"Floodplain\" or \"flood-prone area\" means any land area susceptible to being inundated by water from any source (see Flooding).", "history": "(Ord. 1464 § 2)" }, { "guid": "44634458", "number": "§ 8.04.130", "title": "Floodplain management.", "text": "\"Floodplain management\" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634459", "number": "§ 8.04.140", "title": "Floodplain management regulations.", "text": "\"Flood-plain management regulations\" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances and grading ordinances) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634460", "number": "§ 8.04.150", "title": "Floodproofing.", "text": "\"Floodproofing\" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634461", "number": "§ 8.04.160", "title": "Floodway.", "text": "\"Floodway\" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as \"regulatory flood-way.\"", "history": "(Ord. 1464 § 2)" }, { "guid": "44634462", "number": "§ 8.04.170", "title": "Highest adjacent grade.", "text": "\"Highest adjacent grade\" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634463", "number": "§ 8.04.180", "title": "Lowest floors.", "text": "\"Lowest floor\" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634464", "number": "§ 8.04.190", "title": "Manufactured home.", "text": "\"Manufactured home\" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term \"manufactured home\" also includes park trailers, travel trailers and other similar vehicles placed on a site greater than one hundred eighty consecutive days.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634465", "number": "§ 8.04.200", "title": "Manufactured home park or subdivision.", "text": "\"Manufactured home park or subdivision\" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634466", "number": "§ 8.04.210", "title": "Mean sea level.", "text": "\"Mean sea level\" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634467", "number": "§ 8.04.220", "title": "New construction.", "text": "\"New construction\" means, for floodplain management purposes, structures for which the \"start of construction\" commenced on or after the effective date of a floodplain management regulation adopted by this community.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634468", "number": "§ 8.04.230", "title": "One-hundred-year flood or 100-year flood.", "text": "\"One-hundred-year flood\" or \"100-year flood\" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the \"base flood,\" which will be the term used throughout this article.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634469", "number": "§ 8.04.240", "title": "Person.", "text": "\"Person\" means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the state or its agencies or political subdivisions.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634470", "number": "§ 8.04.250", "title": "Remedy a violation.", "text": "\"Remedy a violation\" means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634471", "number": "§ 8.04.260", "title": "Riverine.", "text": "\"Riverine\" means relating to, formed by, or resembling a river (including tributaries, stream, brook, etc).", "history": "(Ord. 1464 § 2)" }, { "guid": "44634472", "number": "§ 8.04.270", "title": "Special flood hazard area (SFHA).", "text": "\"Special flood hazard area (SFHA)\" means an area having special flood hazard and shown on a FIRM as Zone A, AO, AI-30, AE, A99, or AH.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634473", "number": "§ 8.04.280", "title": "Start of construction.", "text": "\"Start of construction\" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects external dimensions of the building.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634474", "number": "§ 8.04.290", "title": "Structure.", "text": "\"Structure\" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as manufactured home.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634475", "number": "§ 8.04.300", "title": "Substantial improvement.", "text": "(a) \"Substantial improvement\" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the \"start of construction\" of the improvement. This term includes structures which have incurred \"substantial damage,\" regardless of the actual repair work performed. The term does not, however, include either:(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or(2) Any alteration of a \"historic structure,\" provided that the alteration will not preclude the structure's continued designation as a \"historic structure.\"(b) For the purposes of this definition, \"substantial improvement\" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:(1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or(2) Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634482", "number": "§ 8.04.310", "title": "Variance.", "text": "\"Variance\" means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634483", "number": "§ 8.04.320", "title": "Violation.", "text": "\"Violation\" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.", "history": "(Ord. 1464 § 2)" } ] }, { "guid": "44634484", "title": "FLOOD PREVENTION GENERAL PROVISIONS", "number": "8.05", "url": "https://ecode360.com/44634484", "sha256": "bd9ce50065e27e1f4ec8dd0d9967f93a87c18351c85e834831723524e0e33274", "exportedArticleSha256": "d260cf020ca6eec63413905e4f3c5127ede04f525ea54455c405a982a9cd837c", "sections": [ { "guid": "44634485", "number": "§ 8.05.010", "title": "Lands to which this article applies.", "text": "This article shall apply to all areas of special flood hazards within the jurisdiction of the City of Davis.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634486", "number": "§ 8.05.020", "title": "Basis for establishing the areas of special flood hazard.", "text": "The areas of special flood hazard identified by the Federal Emergency Management Agency of the Federal Insurance Administration in scientific and engineering reports entitled \"Flood Insurance Study\" for City of Davis, California, Yolo County, dated December 2002, and \"Flood Insurance Study,\" Yolo County, California, Unincorporated Areas, dated December 2002, and any subsequent updates or revisions, with accompanying Flood Insurance Rate Maps, are hereby adopted by reference and declared to be a part of this article. These flood insurance studies are on file at the Office of the City Engineer, 1717 Fifth Street, (mail 23 Russell Boulevard) Davis, CA 95616. These flood insurance studies are the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the floodplain administrator.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" }, { "guid": "44634487", "number": "§ 8.05.030", "title": "Compliance.", "text": "No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634488", "number": "§ 8.05.040", "title": "Abrogation and greater restrictions.", "text": "This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another article, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634489", "number": "§ 8.05.050", "title": "Interpretation.", "text": "In the interpretation and application of this article, all provisions shall be:(a) Considered as minimum requirements;(b) Liberally construed in favor of the governing body; and(c) Deemed neither to limit nor repeal any other powers granted under state statutes.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634493", "number": "§ 8.05.060", "title": "Warning and disclaimer of liability.", "text": "The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not apply to that land outside the areas of special flood hazards, nor provide that uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.", "history": "(Ord. 1464 § 2)" } ] }, { "guid": "44634494", "title": "FLOOD PREVENTION ADMINISTRATION", "number": "8.06", "url": "https://ecode360.com/44634494", "sha256": "416a55826fd7ecc9271980e56d94d236c983ece9a11c256b8f45ac6b2a4940d7", "exportedArticleSha256": "952b6f69c4f867575ad9e0c714f90faf9ce60b3be77bafea65081bc770bdb167", "sections": [ { "guid": "44634495", "number": "§ 8.06.010", "title": "Establishment of development permit.", "text": "A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 8.05.020. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:(a) Proposed elevation, in relation to mean sea level, of the lowest floor, (including basement) of all structures in Zone AO, the elevation of highest adjacent grade, and proposed elevation of lowest floor of all structures;(b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;(c) All appropriate certifications listed in subsection (d) of Section 8.06.030 of this article; and(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634500", "number": "§ 8.06.020", "title": "Designation of the floodplain administrator.", "text": "The city engineer is hereby appointed to administer and implement this article by granting or denying development permits in accordance with its provisions.", "history": "(Ord. 1464 § 2; Ord. 2678, 11/4/2025)" }, { "guid": "44634501", "number": "§ 8.06.030", "title": "Duties and responsibilities of the floodplain administrator.", "text": "The duties and responsibilities of the floodplain administrator shall include, but not be limited to:(a) Permit review.(1) Review all development permits to determine that the permit requirements of this article have been satisfied;(2) All other required state and federal permits have been obtained;(3) The site is reasonably safe from flooding;(4) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this article, \"adversely affects\" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.(b) Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 8.05.020, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Article 08.07. Any such information shall be submitted to the city council for adoption.(c) Whenever a watercourse is to be altered or relocated:(1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance and Mitigation Administration;(2) Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.(d) Obtain and maintain for public inspection and make available as needed:(1) The certification required in subparagraph (c)(1) of Section 8.07.010 (floor elevations);(2) The certification required in subparagraph (c)(2) of Section 8.07.010 (elevations in areas of shallow flooding);(3) The certification required in subparagraph (c)(3)(C) of Section 8.07.010 (elevation or floodproofing of nonresidential structures);(4) The certification required in subparagraph (c)(4)(A) or (c)(4)(B) of Section 8.07.010 (wet floodproofing standard);(5) The certified elevation required in subsection (b) of Section 8.07.030 (subdivision standards);(6) The certification required in subsection (a) of Section 8.07.050 (floodway encroachments).(e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 8.08.(f) Take action to remedy violations of this article as specified in Section 8.05.030 herein.", "history": "(Ord. 1464 § 2; Ord. 2101, 2005)" } ] }, { "guid": "44634520", "title": "PROVISIONS FOR FLOOD HAZARD REDUCTION", "number": "8.07", "url": "https://ecode360.com/44634520", "sha256": "d50e7299ef76ec13972de2ace16380c408c4c1949c0b326cf3f7f32ce02ff2bb", "exportedArticleSha256": "c0e5d922bc8dec149d40d6aba02059a5ce4e7c4747e0dd7588cb715fea703ad9", "sections": [ { "guid": "44634521", "number": "§ 8.07.010", "title": "Standards of construction.", "text": "In all areas of special flood hazards the following standards are required:(a) Anchoring.(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydro-dynamic and hydrostatic loads, including the effects of buoyancy.(2) All manufactured homes shall meet the anchoring standards of Section 8.07.040(b) Construction materials and methods.(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.(4) Require within Zone AH or AO, adequate paths around structures on slopes to guide floodwaters around and away from proposed structures.(c) Elevation and floodproofing.(1) New construction and substantial improvements of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subparagraph (c)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.(2) New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subparagraph (c)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.(3) Nonresidential construction shall either be elevated in conformance with subparagraph (c)(1) or (c)(2) of this section or, together with attendant utility and sanitary facilities:(A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and(C) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.(4) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:(A) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;(B) Or be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.(5) Manufactured homes shall also meet the standards in Section 8.07.040.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634541", "number": "§ 8.07.020", "title": "Standards for utilities.", "text": "All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634542", "number": "§ 8.07.030", "title": "Standards for subdivisions.", "text": "(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.(b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.(c) All subdivision proposals shall be consistent with the need to minimize flood damage.(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634548", "number": "§ 8.07.040", "title": "Standards for manufactured homes.", "text": "All new and replacement manufactured homes and additions to manufactured homes shall:(a) Be elevated so that the lowest floor is at or above the base flood elevation; and(b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634551", "number": "§ 8.07.050", "title": "Floodways.", "text": "Located within areas of special flood hazard established in Section 8.05.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.(b) If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this division.", "history": "(Ord. 1464 § 2)" } ] }, { "guid": "44634554", "title": "FLOOD PREVENTION STANDARDS VARIANCE PROCEDURE", "number": "8.08", "url": "https://ecode360.com/44634554", "sha256": "7507511d98eacfb3541fe3bb3e1e8c4888c44f6e7a6bc45ca4e11c796e364e15", "exportedArticleSha256": "e5161acece14b4eaa4ebfe20592b616b2802904738a1b58c462d1d216ea4c238", "sections": [ { "guid": "44634555", "number": "§ 8.08.010", "title": "Appeal board.", "text": "(a) The city council shall hear and decide appeals and requests for variances from the requirements of this article.(b) The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this article.(c) In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article; and:(1) The danger that materials may be swept onto other lands to the injury of others;(2) The danger to life and property due to flooding;(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;(4) The importance of the services provided by the proposed facility to the community;(5) The availability of alternative locations for the proposed use which are not subject to flooding;(6) The compatibility of the proposed use with existing and anticipated development;(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;(8) The safety of access to the property in time of flood for ordinary and emergency vehicles;(9) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and(10) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.(d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subparagraphs (c)(l) through (c)(10) of Section 8.08.010 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.(e) Upon consideration of the factors of Section 8.08.010(c) and the purposes of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.(f) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.", "history": "(Ord. 1464 § 2)" }, { "guid": "44634572", "number": "§ 8.08.020", "title": "Conditions for variances.", "text": "(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.(d) Variances shall only be issued upon:(1) A showing of good and sufficient cause;(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of, the public, or conflict with existing local laws or ordinances.(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (d) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the Yolo County recorder, and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.", "history": "(Ord. 1464 § 2)" } ] }, { "guid": "44634582", "title": "RESALE OF PROPERTY", "number": "8.10", "url": "https://ecode360.com/44634582", "sha256": "d374ffc391dd119775180e1910b75defceab2a1bcb94b93d6aaacce509e79ef3", "exportedArticleSha256": "f8ebeb368005913052691bc1977a96f39b8f4080ee1bf21674a91d59317a5e8a", "sections": [ { "guid": "44634583", "number": "§ 8.10.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Administrator.The chief building official, or designated representative, of the community development and sustainability department.Agent.Any salesperson, broker, real estate agent, real estate broker, or any employer or agent thereof.Certificate.A resale certificate.Person.An individual, partnership, corporation or association, or the rental agent of any of the foregoing.Report.Resale report of violations.Sale or exchange.Refers to the transfer of title, change in ownership, sale, exchange, excluding living trusts, acquisition by eminent domain, acquisition by threat of eminent domain, acquisition by gift, intra-spousal transfer, addition or deletion of one owner to or from the title or inheritance or banks assuming title through foreclosure. Sales of homes obtained through foreclosure are subject to the resale of property ordinance at time of saleUnit.A dwelling unit is any single-family, duplex, and/or triplex residential unit, or similar living accommodation, or as defined in the California Code of Regulations.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634591", "number": "§ 8.10.020", "title": "Application.", "text": "Not later than fifteen working days prior to close of escrow transfer of title or change in ownership or end of any inspection period stipulated by the agreement of sale of any unit, the owner, or authorized representative, shall file with the administrator a written application for a report on a form to be prescribed by the administrator and accompanied by the current application fee. The filing fee for the application for the report from the resale inspection shall be established by resolution of the city council.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634592", "number": "§ 8.10.030", "title": "Inspection.", "text": "After the application required by Section 8.10.020 is received, the administrator shall schedule for the next available inspection date an inspection of the unit to be made for compliance with the requirements of this article relating to health and safety standards for units.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634593", "number": "§ 8.10.040", "title": "Contents of report.", "text": "When an inspection has been completed, the administrator shall issue a report. The report shall include:(a) The address of the building;(b) The date of on-site inspection;(c) The date the inspection was completed;(d) Date of issue;(e) The itemization of all violations that are required to be corrected at this time;(f) Any informational notice to buyer; and(g) The following statement:NOTICE TO PROSPECTIVE BUYER: You are hereby advised that the residential unit described in this Report has been found to have certain violations which are itemized herein. The itemized violations are those which are required to be corrected. You, as Buyer, will be required to correct within 90 days of the sale or exchange the listed violations which are not corrected and reinspected or self-certified prior to sale of property, or in such time as determined by the Administrator. The scope of the inspection was limited, and some violations may exist that require correction but which the City does not reinspect following the correction. Other violations may, or may not, exist.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634601", "number": "§ 8.10.050", "title": "Issuance of report.", "text": "The administrator shall issue the report within five working days of completion of the inspection. The inspection shall be complete upon inspection of the property and receipt by the Inspector of all information reasonably requested.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634602", "number": "§ 8.10.060", "title": "Validity of report.", "text": "A report issued as a result of an inspection, pursuant to this article, shall remain valid until the earlier of: (1) issuance of a certificate; or (2) eighteen months following a completed on-site inspection. A certificate is valid eighteen months from the date of validation. Notwithstanding the previous sentence, a report or certificate expires immediately upon any modification, alteration or addition to a unit done without a permit and which requires a permit. Nothing in this section releases a person owning any interest in a unit from correcting or remedying any violations.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634603", "number": "§ 8.10.070", "title": "Report disclosure.", "text": "Prior to the sale or exchange of a unit, the owner shall provide the prospective buyer of a unit a copy of the report. The buyer shall acknowledge receipt and the date of receipt of the report on the original or a true copy thereof. A copy of the report signed by the buyer shall be filed by the buyer with the administrator within five working days of the sale or exchange. Failure to file such report within the above time, shall be a violation of this article.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634604", "number": "§ 8.10.080", "title": "Failure to execute.", "text": "It is a violation of this article for any sale or exchange to be completed until a report has been executed by the administrator and buyer as provided above.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634605", "number": "§ 8.10.090", "title": "Correction of violations.", "text": "If owner does not remedy the violations and obtain a certificate, any buyer or person owning any interest in a unit after a transfer of title or change of ownership shall correct any violations identified in the report of violations within ninety days of the sale or exchange, or in such time as determined by the administrator.In the event correcting the violation involves a greater time period to correct, the current owner must submit a written request to the administrator for an extension of time no later than thirty days prior to the initial deadline. The written request by the owner shall list the specific and factual circumstances beyond the control of the owner which have prevented the required action from being taken. The final decision to allow an extension, if any, shall belong solely to the administrator.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634606", "number": "§ 8.10.100", "title": "Contents of resale certificate.", "text": "When the unit is in compliance with the Davis Municipal Code, the administrator shall issue a certificate upon completion of inspection and correction of violations. The certificate shall state:(a) The date of issuance;(b) The address of the building; and(c) The following statement:NOTICE TO PROSPECTIVE BUYER: You are hereby advised that the residential unit described in this Certificate when issued was found to have no applicable code or ordinance violations or no code or ordinance violations that required correction at this time. The scope of the investigation was limited and other violations may or may not exist. Some violations may have been corrected after inspection and the City may not have reinspected these items prior to the issuance of this Certificate.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634610", "number": "§ 8.10.110", "title": "Multifamily/other occupancy requirements.", "text": "Any residential unit other than those defined as \"unit,\" such as hotels, motels and apartment building with four or more dwelling units or similar, must complete an other occupancy self-certification form, as prescribed by the community development and sustainability department, certifying that no modifications to said units have been made pursuant to the California Code of Regulations, Davis Municipal Code, and/or any other laws enforced by the city. The other occupancy self-certification form must be submitted with the required fee to the community development and sustainability department prior to the close of escrow on the property. The fee for the multifamily and other occupancy self-certification shall be established by resolution of the city council.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634611", "number": "§ 8.10.120", "title": "Deadbolts.", "text": "Any unit which is subject to the provisions of this article shall comply with current Davis Municipal Code requirements for deadbolt locks. Notwithstanding the above, any existing deadbolt with a one-half-inch throw shall be considered legal nonconforming. If at any time, the legal nonconforming deadbolt is replaced, it must comply with current Davis Municipal Code standards.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634612", "number": "§ 8.10.130", "title": "Smoke and carbon monoxide alarms.", "text": "Any unit which is subject to the provisions of this article shall comply with current building codes in effect at the time of inspection for installation and location of smoke and carbon monoxide alarms. Notwithstanding the above, battery operated smoke and carbon monoxide detectors shall be permitted except in cases of original construction.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634613", "number": "§ 8.10.140", "title": "Insulation.", "text": "Any unit which is subject to the provisions of this article shall have insulation in any accessible attic consisting of an R value of 19 or greater, at the time of the first resale inspection completed after 1980. This section is applicable only to units constructed prior to 1976.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634614", "number": "§ 8.10.150", "title": "Availability for inspection.", "text": "The owner shall be responsible for making the unit available for inspection by the city in accordance with the Davis Municipal Code.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634615", "number": "§ 8.10.160", "title": "Responsibility of seller.", "text": "The seller, with or without an agent, shall be required to provide the buyer a copy of the resale report. It shall be a rebuttable presumption that the seller provided such information and documentation.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634616", "number": "§ 8.10.170", "title": "Salespeople, realtors, brokers.", "text": "Any agent participating in a sale or exchange shall ensure that the provisions of this article and, specifically, Section 8.10.080, are complied with prior to any sale or exchange and shall file a copy of the report, signed by the purchaser or person acquiring an interest in the unit, with the administrator within thirty calendar days of the sale or exchange.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634617", "number": "§ 8.10.180", "title": "Violations.", "text": "(a) Violation of any provision of this article shall be deemed a misdemeanor.(b) Any violation of any section of this article is hereby deemed and declared to be a public nuisance and may be abated by any remedy provided by law, including, but not limited to, administrative citations, abatement actions, civil complaints, criminal complaints or any combination of the above remedies.", "history": "(Ord. 2408 § 1, 2013)" }, { "guid": "44634620", "number": "§ 8.10.190", "title": "Requests for reasonable accommodation.", "text": "Notwithstanding the legal requirements of the State of California that all local governments adhere to the California Building Standards Code, deviations from the requirements and regulations specified in this article may be approved in accordance with the review, determination, and required findings provided in Article 18.08 of the Davis Municipal Code.", "history": "(Ord. 2408 § 1, 2013)" } ] }, { "guid": "44634621", "title": "MINIMUM SECURITY BUILDING STANDARDS", "number": "8.14", "url": "https://ecode360.com/44634621", "sha256": "3e5b60059bde25f5fd5de406f1ce2ad1c082f44c36c8564be96724a3461b2514", "exportedArticleSha256": "7fe1439ea23d314460caf11aa8f09ab2ea6e436a977ff4a4fd05bb9a0907e54e", "sections": [ { "guid": "44634622", "number": "§ 8.14.010", "title": "Short title.", "text": "This article shall be known and may be cited as the \"Minimum Security Building Standards.\"", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634623", "number": "§ 8.14.020", "title": "Definitions.", "text": "For purposes of this article, the following terms, words, and phrases shall have the meaning given in this section:Accessiblewhen used in the context of transoms and/or windows shall mean less than twelve feet above the ground.Approvedmeans certified as meeting the requirements of this article by the enforcing authority or his or her authorized agent(s).Boltmeans a metal bar which, when actuated, is projected (or \"thrown\") either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening.Cylindermeans the subassembly of a lock containing the cylinder core, tumbler mechanism and keyway. A double cylinder lock is one that has a key-actuated cylinder on both the exterior and interior of the door. The cylinder core is the central part of a cylinder containing the keyway, and a cylinder guard is a hardened metal ring or plate surrounding the exposed portion of the cylinder lock to resist cutting, prying, or wrenching with common tools.Deadboltmeans a lock bolt which does not have a spring action as opposed to a latch bolt which does. The bolt must be actuated by a key or a key and knob or thumbturn and when projected becomes locked against return by end pressure.Deadlatchmeans a spring-actuated latch bolt having a beveled end and incorporating a plunger which when depressed, automatically locks the projected latch bolt against return by end pressure.Doorincludes a swinging, sliding, rolling overhead, or solid overhead door.Dwellingmeans any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but does not include a tent, cabin, trailer, or mobile home that is not a manufactured home.Enforcing authoritymeans the chief building official of the city or authorized representative.Flushboltmeans a manual, key or turn operated metal bolt, normally used on an inactive door(s), that is attached to the top and bottom of the door and engages in the head and threshold of the frame.Lockmeans a keyed device (complete with cylinder, latch or deadbolt mechanism, and trim such as knobs, levers, thumb-turns, etc) for securing a door in a closed position against forced entry.Multiple-family dwellingmeans a building or portion thereof designed for or used by more than two families or housekeeping units including, but not limited to, hotels, motels, apartments, condominiums, duplexes, and townhouses.Nonresidential buildingis a building or industrial building, or portion thereof, used for a purpose other than a dwelling or auxiliary to dwelling.Primary locking devicemeans the single locking system on a door or window unit whose primary function is to prevent unauthorized intrusion.Single-cylinder deadboltmeans a deadbolt lock, which is activated from the exterior by a key and from the interior by a knob, thumb-turn, lever, or similar mechanism.Single-family dwellingmeans a building designed for, or used exclusively for, residential purposes by one family or housekeeping unit.Solid coremeans composed of solid wood or compressed wood equal in strength to solid wood construction.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634641", "number": "§ 8.14.030", "title": "Purpose.", "text": "The purpose of this article is to safeguard property and to promote public welfare and safety by providing minimum security standards to be used in the design, construction, alteration, and maintenance of buildings and facilities and the quality of materials used therein.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634642", "number": "§ 8.14.040", "title": "Scope.", "text": "(a) The provisions of this article shall apply to new construction and to buildings or structures to which additions or alterations are made, except as specifically provided by this article.(b) Additions or alterations made to any building or structure shall be made to conform to the security requirements for new buildings and structures.(c) The entire site structure or building shall be made to conform to the security requirements for new buildings or structures when:(1) Any existing nonresidential building is converted from a primary single-tenant building to a two or more tenant building, with walls separating tenant spaces; or(2) Any commercial building is remodeled for new tenants.(d) Existing multiple-family dwellings, when converted to privately owned single-family dwellings (condominiums, cooperatives, etc) shall comply with the provisions governing multiple-family dwellings.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634649", "number": "§ 8.14.050", "title": "Dwelling provisions.", "text": "The following provisions shall apply to all dwellings (single-family or multiple-family) except paragraph (c) of this section only applies to single-family dwellings:(a) Doors.(1) A dual locking mechanism, constructed so that both the deadbolt and latch can be retracted by a single action of the inside doorknob or lever, may be used and is highly recommended.(2) Double cylinder deadbolts shall not be used.(3) The inactive leaf of double doors shall be equipped with flushbolts having a minimum embedment of five-eighths inch into the head and threshold of the doorframe.(4) Any swinging doors leading from a garage into a residence shall be of solid core construction with a minimum thickness of one and three-quarters inch or a twenty minute fire-rated door. The doors shall be equipped with a single cylinder deadbolt having a minimum projection of one inch and an embedment of at least three-fourths inch into the strike receiving bolt. The bolt shall be constructed so as to resist cutting tool attacks. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one and one-quarter inch in length. The strike plate will be secured with a minimum of three-inch long screws. Double cylinder locks shall not be used.(5) All street-facing exterior doors shall be equipped with a wide-angle (one hundred eighty degrees) door viewer, except where clear vision panels are installed.(6) All exterior-swinging doors of the habitable areas and all doors other than overhead doors providing access to the garage shall be of solid core construction with a minimum thickness of one and three-quarters-inch or a twenty-minute fire-rated door. Any decorative additions shall not take away from the thickness of the door but may be added in addition to the door.(7) Requests for use of leaded, faceted, or carved glass in door or window assemblies readily visible from the public way must be approved by the enforcing authority.(b) Windows. In addition to the primary locking device, a permanent auxiliary or secondary locking device may be provided on all accessible windows in dwellings.(c) Numbering. This subsection (c) shall only apply to single-family dwellings. All single-family dwellings shall display a street number in a prominent location on the street side of the dwelling in such a position so that it shall be easily visible to approaching emergency vehicles. The numerals shall be no less than four inches in height and one-half inch in width, shall have a color contrasting the background to which they are attached, and shall be maintained for the life of the dwelling. The numerals shall be illuminated at night so they may be read from the street. The porch light may provide the illumination. This subsection shall not prevent supplementary numbering, such as numbers on curbs or decorative numbering, but they shall be considered supplemental only and shall not satisfy the requirements of this section.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634660", "number": "§ 8.14.060", "title": "Multiple-family dwelling provisions.", "text": "(a) Doors—Self-locking devices. Exterior doors and doors leading from garage areas into multiple-family dwellings, and doors leading into the stairwells of such dwellings, shall have self-locking (deadlatch) devices, allowing egress from the building or into the garage area, or stairwell, but requiring a key (keypad or keycard) to be used to gain access to the interior of the building from the outside or garage area or into hallways from the stairwell. This subsection (a) shall not apply to those doors that are deemed common entrances by the fire department.(b) Identification.(1) In multiple-family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified. The letters shall be no less than six inches in height and one-half inch in width. Each individual unit of a multifamily residence shall have unit identifying numbers, letters or a combination thereof displayed upon the door or next to the door. The numbers shall be at least four inches high and one-half inch wide and shall be illuminated at night. Numbering of apartment complexes must also follow Section 901.4.4 of the California Fire Code, 2001 Edition, and Section 8.14.120 of the Davis Municipal Code.(2) This subsection shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering. This type of supplementary numbering shall be considered supplemental only, and shall not satisfy the requirements of subsection (b)(1) above.(3) Maps of the multiple-family dwelling complex shall be furnished by the developer to the police department and fire department upon completion of construction. The map shall include building identification and unit identification.(c) Garages. Multiple-family dwelling complexes providing individual enclosed garage spaces shall meet the same requirements for garages as single-family dwellings. Floor to roof or floor above demising walls shall separate individual garage areas having their own entrance.(d) Common areas. If there are common use laundry rooms, the rooms shall be equipped with a window or sliding glass door to allow visibility into the interior of the room. If study rooms or training rooms are provided, they shall be kept locked. The lock to such study room or training room shall be keyed so that residents' unit keys can open the doors. Lights in these rooms shall remain on at all times or be equipped with a motion sensor light that stays on continually as long as the room is occupied.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634668", "number": "§ 8.14.070", "title": "Nonresidential building provisions.", "text": "(a) Doors.(1) In multiple occupancy nonresidential buildings, all exterior building entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors for dwellings as set forth in Section 8.14.050(a). These exterior doors shall be openable from the inside with one motion without use of a key unless otherwise allowed in the California Building Code.(2) All exterior doors that are used to the side or rear of a nonresidential building shall be equipped with a wide-angle door viewer.(3) When flushbolts are used on business property, both doors must remain open during business hours.(b) Windows.(1) Accessible exterior transoms or openable windows shall meet the same requirements as skylights set forth in subsection (c) of this section.(2) Bars shall not interfere with the operation of opening windows if such windows are required to be openable by the California Building Code.(c) Skylights. Any skylight forming a part of the enclosure of a nonresidential building shall be constructed and installed using rated burglar resistant glass, or by similar rated material or by glass covered with iron bars of at least one-half inch round or one inch by one-quarter inch flat steel materials, spaced not more than eight inches apart, secured on the inside of the glass. With a waiver from the police department, a commercial business may alarm the skylight or have motion sensors that would detect motion coming through the skylight.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634677", "number": "§ 8.14.080", "title": "Responsibility for security in nonresidential buildings.", "text": "Property owners, any designated agent, tenant, and the general contractor for the project in question shall be jointly and severally responsible for compliance with this article. Security items that will remain on the premises after a tenant moves out are the responsibility of the property owner. Systems that are removed upon vacation of the premises, such as an alarm system, are the responsibility of the tenant. The ultimate responsibility will be that of the property owner.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634678", "number": "§ 8.14.090", "title": "Keying requirements.", "text": "Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development constructed by the same contractor shall have locks that are interchange free from builders' keys within such tract or commercial development.", "history": "(Ord. 1070 § 1; Ord. 1228 § 1; Ord. 1324 § 1; Ord. 1539 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634679", "number": "§ 8.14.100", "title": "Sliding and overhead doors.", "text": "Unless otherwise provided in this article, all sliding and overhead doors shall conform to the following:(a) Horizontal sliding doors. Horizontal sliding doors that exceed nineteen feet in width shall have two lock-receiving points. Horizontal sliding doors between sixteen and nineteen feet in width, shall have either two lock-receiving points or a single bolt may be used if placed in the center of the door with the locking point located either in the floor or door frame header.(b) Sliding doors.(1) Shall be equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position.(2) The sliding portion of sliding doors shall be on the inside track.(3) In addition to the primary locking device, an auxiliary or secondary locking device may be provided on all sliding glass doors accessible from the outside. Homes approved for day care use must remove, and may not install, the additional locking devices.(4) Double sliding patio doors shall be locked at the meeting rail and meet the locking requirements set forth in this article.(c) Overhead doors. Overhead doors shall be provided with a locking device, automatic door opener or equipped with slide bolts that shall be capable of utilizing padlocks with a minimum nine-thirty-seconds inch shackle. Slide bolt assemblies shall have a frame with a minimum of 0.120 inch in thickness, a bolt diameter of a minimum of one-half inch and protrude at least one and one-half inch into the receiving guide. A bolt diameter of three-eighths inch may be used in a dwelling.", "history": "(Ord. 1070 § 1; Ord. 1228 § 2; Ord. 1324 §§ 2, 3; Ord. 1539 § 2; Ord. 2149 § 1, 2005)" }, { "guid": "44634687", "number": "§ 8.14.110", "title": "Windows.", "text": "Unless otherwise provided in this article, all windows shall comply with the following:(a) Windows shall be constructed so that when they are locked they cannot be lifted from the frame, and the sliding portion of the window shall be on the inside track. The vertical play shall be taken up to prevent lifting of the movable section to defeat the locking mechanism.(b) Louvered windows shall not be used.", "history": "(Ord. 1070 § 1; Ord. 2149 § 1, 2005)" }, { "guid": "44634690", "number": "§ 8.14.120", "title": "Exterior security numbering and lighting.", "text": "(a) Numbering.(1) The address number of every nonresidential building or multifamily dwelling shall be located and displayed so that the numbers shall be easily visible from the street or parking lot when emergency vehicles approach the building.(2) All numbering of nonresidential buildings or multiple-family dwellings shall be approved by the fire department.(3) For nonresidential buildings or multiple-family dwellings the street number shall be no less than six inches in height and one-half inch in width of a color contrasting to the background and illuminated at night.(4) All warehouse buildings shall have numbers twelve inches in height in a contrasting color to the background of the building and shall be illuminated at night.(5) Any business that affords vehicular traffic to the rear of the building(s) through any driveway, alleyway or parking lot, shall also display the same number on the back of the building in the same size, and contrasting color as the number on the front of the building. This requirement may be satisfied by placing the number next to the back door and illuminating it.(b) Parking lots.(1) Parking lots with ten or more parking spaces (including parking lots with carports), driveways, circulation areas, pathways, passageways, recesses, and grounds contiguous to buildings shall be provided with sufficient illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness. The horizontal luminance shall have an average maintained one foot-candle with a minimum level of 0.25 foot-candle on the parking lot surface from dusk until termination of normal business hours.(2) Large open parking lots serving multiple-tenant shopping centers shall be illuminated with a lighting system designed to provide an average maintained horizontal luminance of not less than 1.5 foot-candles and a minimum horizontal luminance of not less than 0.25 on a parking lot surface from dusk until termination of the normal business hours.(3) Parking lots that are used as pedestrian walkways shall provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and shall maintain a lighting level of 0.5 to one foot-candle.(c) Lighting.(1) In stairwells and enclosed parking areas with five or greater parking spaces, the lights shall remain on at all times. A lighting average level of 5.0 foot-candles shall be required. The lighting level may be attained by a combination of light fixtures and natural light during daytime hours.(2) All walkways shall be illuminated with sufficient light to clearly see another person on the walkway or the premises. A minimum lighting level of 0.25 foot-candles shall be maintained on all walkways during hours of darkness.(3) Low-pressure sodium lighting shall not be used.(4) Light sources shall be so located as to minimize interference by structures, parked vehicles, landscaping, or other features.(5) Excess light and glare shall be limited by the use of appropriate light fixtures, shielding devices, and directional lighting methods. The enforcing authority shall review all lighting plans to limit to a reasonable level the excess light and glare and to see that lighting levels are in accordance with Article 8.17, Outdoor Lighting Control.(6) Prior to issuance of building permits, a photometric plan shall be submitted to the community development and sustainability department for review and approval. The photometric plan shall meet the requirements of this article.(7) All entrance and exit doors to nonresidential buildings shall be illuminated with a lighting device that provides a minimum of one foot-candle of light on the surface during the hours of darkness.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634709", "number": "§ 8.14.130", "title": "Security measures.", "text": "(a) Safes.(1) Commercial establishments having more than the cash to begin the next day's business on the premises after closing hours, or those businesses designated by the police department as being highly susceptible to theft because of items or materials they have on the premises, shall lock such money or items in a safe with a minimum rating of TL-15. The safe shall weigh at least seven hundred fifty pounds or shall be equipped with suitable anchors. Re-locking devices are required. Businesses required by Section 8.14.140(b) to have a silent intrusion alarm are considered businesses highly susceptible to theft and are required to have a TL-15 safe in compliance with this section.(2) A business that would be subject to a high risk for robbery of classified materials or large amounts of cash shall have a TXTL safe. Businesses required by Section 8.14.140(a) to have a central station silent robbery alarm are considered businesses subject to a high risk of robbery and are required to have a TXTL safe.(b) Automated teller machines (ATMs). In addition to any zoning or site plan and architectural review approvals that may be required by the city, the police department shall approve all ATMs and location placements. Because of the variety of ATMs and the unique characteristics of each installation and crime considerations near each respective ATM, there is no one formula for placement of the ATMs. Each planned placement shall be studied for safety features and environment around each machine. The police department may place hour restrictions depending on location and may require some modifications as to structure, location, and hours of servicing. Surveillance cameras or video transactions may be required by the police department. The police department may deny the location because of safety issues. ATMs placed within a business must be approved by the police department. When zoning or site plan and architectural review is required for an ATM, the police department's approval shall proceed concurrently with the zoning or site plan and architectural review.(c) All approved ATMs shall adhere to the following requirements:(1) ATMs shall comply with California Financial Code Sections 13000 through 13070.(2) Both an ATM and its customers shall be visible from surrounding businesses, streets, and pedestrian traffic areas. Hours of ATM operation and availability may be restricted by the operating hours of businesses in the area.(3) Regular maintenance checks shall be conducted and records maintained indicating that light bulbs have been replaced, locks are in working condition, telephone or communication devices are functioning, reflective materials or mirrors are present, landscaping is within security guidelines, and all equipment is in good condition.(4) ATMs with restricted hours shall have signage showing the ATM is closed. This signage shall be able to be seen from a customer's car before exiting or when approaching on foot to use the ATM.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634719", "number": "§ 8.14.140", "title": "Alarm systems.", "text": "(a) The establishments listed in this subsection and those businesses reasonably similar in nature shall be protected by a central station silent robbery alarm:(1) Banks, savings and loans, check cashing establishments;(2) Liquor stores and distributors;(3) Jewelry stores and manufacturers;(4) Gun and ammunition stores; and(5) Those businesses designated by the chief of police as subject to a high risk of robbery.(b) Establishments listed in this subsection and those businesses reasonably similar in nature shall be protected by a silent intrusion alarm:(1) Pharmacies, medical/dental offices, and immediate care facilities;(2) Pawn shops;(3) Coins and stamp shops;(4) Restaurants and bars;(5) Hotels and motels;(6) Theaters;(7) Food markets and convenience stores;(8) Electronic and computer equipment stores, warehouses, and distributors;(9) Auto and truck repair shops;(10) Clothing (new) stores and dry cleaners;(11) Industrial tool supply houses;(12) Camera stores;(13) Industrial, warehouse, and office buildings;(14) Travel agencies;(15) Video equipment and tape rental stores;(16) All retail stores and gas stations open after 10:00 p.m.;(17) Auto rental agencies;(18) School facilities;(19) Antique dealers;(20) Art galleries; and(21) Those businesses designated by the chief of police as being highly susceptible to intrusions and theft.(c) All alarm systems shall have a permit obtained through the police department.(d) When alarm systems or alarm systems wiring are installed at the time of new construction or remodel construction, it shall be the responsibility of the contractor to inform the home or business owner that an alarm permit is required.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634750", "number": "§ 8.14.150", "title": "Additional security measures may be required.", "text": "In projects of a more complex nature than the typical residential, commercial or industrial development, additional security measures, which are more stringent and site specific than those stated elsewhere in this article, may be required by the community development and sustainability department, fire department, police department, planning commission, or city council as conditions of approval of a use permit, zoning, or other land use entitlement. Such additional security measures may be made based on the fact that the project is of a highly complicated nature or, by its location, may significantly and adversely affect the city's ability to respond to security and/or other emergency situations within the project.(a) Such additional requirements shall be determined by considering the specific individual characteristics of a project and the needs dictated by such characteristics. Security measures required under this section may include, but shall not be limited to:(1) Security guard systems;(2) Video monitoring and recording systems;(3) Card access systems;(4) Site circulation, parking and lighting systems;(5) Detailed documented integrated security plans;(6) Consultant services, paid for by the developer, as needed for detailed plan review and systems testing; and(7) Other state of the art security measures, including incorporation of \"defensible space\" techniques.(b) Security measures required under this section as a condition to a project may be subject to further requirements or approvals at or prior to issuance of the building permit.(c) Security measures required under this section shall be maintained for the life of a given project and may be enforced as a continuing obligation of the project.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634761", "number": "§ 8.14.160", "title": "Alternate materials and methods of construction.", "text": "Materials, methods of construction or structural design limitations provided for in this article are to be used unless an exception is granted. The use of any material or method of construction not specifically prescribed by this article may be allowed, provided any such alternate method or material has been approved by the enforcing authority prior to use. Further, other sound methods of structural design or analysis not specifically provided for in this article may be allowed provided such alternative has been approved by the enforcing authority prior to use. The enforcing authority may approve any such alternate provided that it finds the proposed design to be satisfactory and the material and method of work offered is for the purpose intended, at least equivalent to that prescribed in this article in quality, strength, effectiveness, crime resistance, durability and safety.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634762", "number": "§ 8.14.170", "title": "Tests.", "text": "The enforcing authority may require tests as proof of compliance to be made at the expense of the owner or owner's agent by an approved agency or the enforcing authority when:(a) There is evidence of insufficient compliance with the provisions of this article;(b) There is evidence that any material or any construction does not conform to the requirements of this article; or(c) It is necessary in order to substantiate claims for alternate materials or methods of construction.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634766", "number": "§ 8.14.180", "title": "Certificate of occupancy.", "text": "No certificate of occupancy shall be issued unless the applicant for such certificate has complied with this article.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634767", "number": "§ 8.14.190", "title": "Appeals.", "text": "In order to determine the suitability of alternative materials and methods of construction and to provide for reasonable interpretations of the provisions of this article, the city manager shall hear all disputes. The city manager shall issue written findings and conclusions within ten days of the close of all evidence in a particular case. Thereafter, if the applicant is not satisfied with the decision of the city manager, he or she may appeal that decision, in writing, to the city council within ten calendar days of the decision of the city manager. If no appeal is filed with the city clerk within ten calendar days after the decision of the city manager, such decision is final.", "history": "(Ord. 2149 § 1, 2005; Ord. 2634 § 6, 2022)" }, { "guid": "44634768", "number": "§ 8.14.200", "title": "Interpretations.", "text": "If ambiguity arises concerning the content or application of this article, it shall be the duty of the enforcing authority to ascertain all pertinent facts and interpret the article. The interpretation may be appealed to the city manager.", "history": "(Ord. 2149 § 1, 2005; Ord. 2634 § 6, 2022)" }, { "guid": "44634769", "number": "§ 8.14.210", "title": "Violations declared unlawful and public nuisance.", "text": "Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this article shall be and is hereby declared to be unlawful and a public nuisance. The provisions of Chapter 23, governing nuisance abatement, are fully applicable to this article.", "history": "(Ord. 2149 § 1, 2005)" }, { "guid": "44634770", "number": "§ 8.14.220", "title": "Enforcement.", "text": "The city attorney, upon the order of the city council, shall immediately commence action or proceedings for the abatement and removal and enjoinment of violations of this article in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove a building or structure violating this article, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any building, structure or property contrary to the provisions of this article.", "history": "(Ord. 2149 § 1, 2005)" } ] }, { "guid": "44634771", "title": "OUTDOOR LIGHTING CONTROL", "number": "8.17", "url": "https://ecode360.com/44634771", "sha256": "92d7beec68bc8be8f6efe2c6bf7e5e85e66fd68697cebc94abe03e88e9de0a5d", "exportedArticleSha256": "ae6c30f642ccc4ba0835fd48583f8a328c04be93e54542c12ced78f5e750eb41", "sections": [ { "guid": "44634772", "number": "§ 8.17.010", "title": "Findings.", "text": "The purpose of this article is to create standards for outdoor lighting to minimize light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures, while improving nighttime public safety, utility, and security, and preserving the night sky as a natural resource and thus people's enjoyment of looking at the stars.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634773", "number": "§ 8.17.020", "title": "Definitions.", "text": "Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section:Building officialshall mean the building official of the city or his or her representative.Fully shieldedshall mean a technique or method of construction and/or manufacture which does not allow any light dispersion to shine above the horizontal plane from the lowest light emitting point of the light fixture. In addition, the light emitting, distributing, reflecting and refracting components of the light fixture, i.e. lamp, lens, reflective surface, etc., shall not extend beyond the shielding of the fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.Glareshall mean artificial light that causes annoyance, discomfort, or loss of visual performance and visibility.Installedshall mean the initial installation of outdoor light fixtures defined herein, following the effective date of the ordinance codified in this article. A project with an approved building permit prior to the effective date of said ordinance is excluded from compliance with this article for the initial installation only.Light pollutionshall mean any artificial light which causes a detrimental effect through uplighting on the environment, astronomical research, and/or enjoyment of the night sky or causes undesirable glare or light trespass.Light trespassshall mean artificial light that produces an unnecessary and unwanted illumination of an adjacent property.Luminous tube lightingshall mean gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.Outdoor light fixturesshall mean outdoor electrically powered illuminating devices, outdoor light or reflective or refractive surfaces, lamps and similar devices including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for flood lighting, general illumination or advertisement. Such devices shall include, but are not limited to, search, spot, and flood lights for:(1) Buildings and structures, including canopies and overhangs;(2) Recreation facilities;(3) Bike paths, greenbelts and parks;(4) Parking lot lighting;(5) Landscape lighting;(6) Billboards and other signs (advertising and other);(7) Street lighting;(8) Display and service areas; and(9) Walkway lighting.Outdoor recreation facilityshall mean an area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball and softball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools.Public works directorshall mean the public works director of the city or representative.Uplightingshall mean any artificial light source that distributes light above an imaginary horizontal plane passing through the lowest light emitting point of the light fixture.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634794", "number": "§ 8.17.030", "title": "General requirements.", "text": "(a) All outdoor light fixtures installed after the effective date of the ordinance codified in this article and thereafter maintained upon private property used for commercial, industrial or multifamily purposes, as defined in the zoning code of the city, shall be fully shielded. In addition, light trespass and glare shall be limited to a reasonable level through the use of shielding, and directional lighting methods, including, but not limited to, fixture location and height.(b) All outdoor light fixtures installed after the effective date of the ordinance codified in this article and thereafter maintained upon public property or in the public right-of-way shall be fully shielded. In addition, light trespass and glare shall be limited to a reasonable level through the use of shielding, and directional lighting methods, including, but not limited to, fixture location and height.(c) Externally illuminated signs, advertising displays, billboards, and building identification shall use top mounted light fixtures which shine light downward and which are fully shielded.(d) Low-pressure sodium lighting by itself shall not be used in outdoor light fixtures due to poor color rendition and the need by public safety personnel to identify color in the nighttime environment. A combination of low pressure sodium lighting and other type(s) of lighting, such as, fluorescent, may be used if color rendition can be maintained.(e) Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare.(f) Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded except when such shielding would cause an impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and directional lighting methods shall be utilized to limit light pollution, glare and light trespass to a reasonable level, as determined by the building official, without diminishing the performance standards of the intended recreational activity. Illumination from recreational facility light fixtures shall be shielded to minimize glare extending toward roadways where impairment of motorist vision might cause a hazard.(g) In addition to the provisions in this article, all outdoor light fixtures shall be installed in conformity with all other applicable provisions of this municipal code.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634802", "number": "§ 8.17.040", "title": "Exemptions.", "text": "(a) All outdoor light fixtures existing and legally installed prior to the effective date of the ordinance codified in this article are exempt from the provisions of this article, provided, however, that no replacement, structural alteration, or restoration of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of this article. However, exemptions shall be granted to this conformance standard if:(1) Utilization of conforming outdoor light fixtures would have the effect of decreasing the lighting levels to below the minimum illumination levels required by the city, and, the additional cost necessary to meet the minimum illumination levels would pose an unreasonable financial burden; and/or(2) Utilization of conforming outdoor light fixtures would negatively impact the aesthetic quality/architectural design of the property or immediate area by mixing substantially different styles and types of fixtures/poles.(b) All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as, kerosene lanterns or gas lamps, are exempt from the requirements of this article.(c) Temporary lights used for holiday decorations are exempt from the requirements of this article.(d) All outdoor light fixtures which are luminous tube lighting are exempt from the requirements of this article.(e) Construction or emergency lighting is exempt, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.(f) Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634811", "number": "§ 8.17.050", "title": "Approved materials and methods of installation.", "text": "The provisions of this article are not intended to prevent the use of any design, material or method of installation not specifically proscribed by this article provided any such alternate has been approved by the city. The building official or, for street lighting within the right-of-way and bike path and public parking lot lighting the public works director, may approve any such alternate provided that the proposed design, material or method:(a) Provides approximate equivalence to the specific requirements of this article; or(b) Is otherwise satisfactory and complies with the intent of this article.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634814", "number": "§ 8.17.060", "title": "Administrative exemption.", "text": "(a) Any person may submit a written request to the building official or, for street lighting within the right-of-way and bike path and public parking lot lighting, the public works director, for an administrative exemption from the requirements of this article. The request shall state fully the circumstances and conditions relied upon as grounds for an administrative exemption and shall be accompanied by adequate plans and a legal description of the property involved. In addition, the request shall contain at a minimum the following information:(1) Name, address, and telephone number of the applicant;(2) Location of the outdoor light fixture(s) for which the exemption is required;(3) The nature of the circumstances which necessitate the administrative exemption;(4) Use of the outdoor light fixture(s) involved;(5) Type of outdoor light fixture to be used, including total lumen output and character of the shielding, if any; and(6) Such other data and information as may be required by the building official or public works director as appropriate.(b) The building official or public works director, as appropriate, may grant an administrative exemption from the provisions of this article when it appears from the facts contained in the application, and from any other relevant information available to the building official/public works director that all of the following conclusions can be reached:(1) There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the administrative exemption is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood;(2) The aforesaid circumstances or conditions are such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the land, buildings or outdoor light fixtures and that the administrative exemption granted by the building official or public works director, as appropriate, is the minimum exemption that will accomplish this purpose; and(3) The granting of the administrative exemption will generally be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.(c) If the request for an administrative exemption is approved by the building official or public works director, as appropriate, such determination shall be made in writing and a record kept which shall be open to the public.(d) The decision of the building official or public works director, as appropriate, may be appealed pursuant to Section 40.35.010 et seq., and within the times set forth therein for the filing of such appeals.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634828", "number": "§ 8.17.070", "title": "Temporary exemption.", "text": "(a) The building official may grant a temporary exemption, as defined herein, for such activities, including, but not limited to, circuses, fairs, carnivals, sporting events, and promotional activities, if he or she finds the following:(1) The purpose for which the lighting is proposed is not intended to extend beyond thirty days;(2) The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible; and(3) The proposed lighting will comply with the general intent of this article.(b) The application for a temporary exemption shall include the following information:(1) Name and address of applicant and property owner;(2) Location of proposed fixtures;(3) Type, wattage and lumen output of lamp(s);(4) Type and shielding of proposed fixture(s);(5) Intended use of lighting:(6) Duration of time for requested exemption;(7) The nature of the exemption;(8) Such other information as the building official may request.(c) The building official shall rule on the application within five business days from the date of submission of the request and notify the applicant in writing of his or her decision.(d) The building official may grant one renewal of the application for up to an additional thirty days if he or she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The building official is not authorized to grant more than one thirty-day temporary exemption and one renewal for up to a thirty-day period for the same property within one twelve-month period.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634844", "number": "§ 8.17.080", "title": "Appeals.", "text": "All appeals of decisions applicable to this article shall be made pursuant to Section 40.35.010 et seq., and within the times set forth therein for the filing of such appeals.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634845", "number": "§ 8.17.090", "title": "Enforcement.", "text": "The building official is hereby empowered and directed to administer and enforce the provisions of this article relating to outdoor light control for commercial, industrial, and multifamily development as well as public buildings. The public works director is hereby empowered and directed to administer and enforce the provisions of this article relating to outdoor light control for street lighting, bike paths, and public parking lots.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634846", "number": "§ 8.17.100", "title": "Violations and penalties.", "text": "(a) Violation of any provision of this article shall be and is hereby declared to be unlawful and a public nuisance. Any violation of any provision of this article shall be subject to summary, administrative or judicial abatement of the nuisance by the city, and be subject to fines, penalties, fees and costs imposed by the city or the court pursuant to the summary or administrative abatement procedures contained in this Code or any other provision of law.(b) Any person, firm, corporation or other entity, whether owner, lessee, sublessor, sublessee, or occupant of any premises that violates the provisions of this article shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars per day, or by imprisonment of not longer than six months, or both.(c) Every day that any such violation continues shall constitute a separate offense.", "history": "(Ord. 1966 § 1)" }, { "guid": "44634850", "number": "§ 8.17.110", "title": "Cumulative remedies.", "text": "All remedies set forth in this article for the abatement or punishment of any violation thereof are cumulative and may be pursued separately or in combination. Provisions of this article are to be supplementary and complementary to all of the city ordinances, the city code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all violations of this article.", "history": "(Ord. 1966 § 1)" } ] }, { "guid": "44634851", "title": "PROHIBITING DISKING, TILLING OR GRADING", "number": "8.18", "url": "https://ecode360.com/44634851", "sha256": "cf1a71a4d7a41f2a7bd62550bf9a0d63220b4f76b0ab7a46e76ff57c924c7fa9", "exportedArticleSha256": "db4782f102ee11fcf9d1beb5fa6da5a7b58551000ec186eb49c34562eb711726", "sections": [ { "guid": "44634852", "number": "§ 8.18.010", "title": "Prohibition.", "text": "Effective immediately upon the adoption of the ordinance codified in this chapter, except as provided in Section 8.18.020 of this article, all disking, tilling and grading of property within the city is prohibited. Except for the specific exemptions listed in Section 8.18.020, no person shall do or permit to be done any disking, tilling or grading of property on any site within the city.", "history": "(Ord. 2091 § 1, 2002)" }, { "guid": "44634853", "number": "§ 8.18.020", "title": "Exemptions—Requirements for exemption.", "text": "The following disking, tilling and grading activities are exempt from the prohibition set forth in Section 8.18.010:(a) Disking or tilling of sites under agricultural cultivation as of May 15, 2000, provided that a grading permit is first obtained.(b) Disking or tilling of subdivided lots zoned residential single-family and residential multifamily or a planned development zone that permits such residential uses, provided that there was an existing single family or multifamily dwelling(s) constructed on the lots for which a certificate(s) of occupancy had been issued as of May 15, 2000.(c) Disking and tilling on individual residential lots for which building permits have been issued as of May 15, 2000, provided that a grading permit is first obtained for such disking or tilling.(d) Grading for which the city has approved a grading plan on or before May 15, 2000.(e) Grading pursuant to an approved development or subdivision entitlement provided that a grading permit is first obtained.(f) Grading necessary for excavation below finished grade for basements and footings of a building authorized by a valid building permit issued by the city.(g) Excavations in connection with a swimming pool authorized by a valid building permit issued by the city.(h) Disking or tilling in community gardens that are designated as community gardens by the director of community development and sustainability.(i) Mowing or flailing weeds and vegetation that does not disturb the soil of ground.(j) Grading, disking or tilling on any other property within the city provided a grading permit issued pursuant to this article is first obtained.", "history": "(Ord. 2091 § 2, 2002; Ord. 2390 § 1, 2012)" }, { "guid": "44634864", "number": "§ 8.18.030", "title": "Grading permits.", "text": "This article establishes a grading permit process applicable to grading, disking and tilling activities within the city during the next one hundred fifty days to provide procedural safeguards and processes to assure that property will not be graded, disked or tilled without first investigating and safeguarding wildlife protected by state and federal laws that may be present on the property.(a) Permit required. A grading permit may be issued by the director of community development and sustainability as follows:(1) In connection with issuance of a building permit;(2) In connection with the approval of improvement plans for subdivision improvements; or(3) Where there is no building permit or improvement plans required, through the issuance of a grading permit.(b) Conditions of issuance. All permits issued shall be subject to the following conditions:(1) All work shall be performed in accordance with city standards and all applicable state and federal requirements.(2) Grading, disking or tilling shall be limited to the work shown on the grading plans approved by the director.(3) All work shall be done in accordance with any applicable mitigation measures of adverse environmental impacts as disclosed in any environmental document and any conditions or measures set forth in the biological survey report applicable to the property for which the permit is issued and required by the director of community development and sustainability.(4) Any required permits for habitat or wildlife preservation, mitigation or take must be obtained prior to the issuance of any grading permit under this article and compliance with the conditions of such regulatory permits shall be a condition to the issuance of a grading permit.(5) Any additional conditions deemed necessary to protect the public health, safety and welfare, to prevent the creation of a hazard to public or private property, to assure proper completion of the grading, disking or tilling and to safeguard, preserve and conserve any wildlife present on the property.(6) The grading permit shall terminate and be of no further force and effect if the work permitted under the permit is not commenced within thirty days of the date of issuance of the permit and completed within the time set forth in the permit.(c) Applications. Applications for grading permits shall be filed with the department of community development and sustainability. Each application shall include a grading plan checking fee in the amount equal to the amount established for the processing of zoning verifications as set by resolution of the city council, a preliminary grading, disking or tilling plan and a statement of the intended purpose for the grading, disking or tilling. Only one application and permit is allowed for grading, disking or tilling work on each legal parcel. The director shall determine whether the application is complete or whether additional information is required. The applicant will be notified within ten working days if the application is incomplete. Each application shall contain the following:(1) A plan for the work proposed under the permit;(2) A clear and precise description of the property on which the work will be done;(3) A biological survey prepared by an accredited biologist showing the location of nest sites or burrows for any wildlife species listed on the State of California Department of Fish and Game Natural Diversity Database, together with a report on proposed mitigation measures to reduce any impact on such wildlife by reason of the proposed activity. The report shall contain information on whether mowing or flailing can adequately address the property owner's purposes while preserving or conserving the wildlife species and its habitat. The report shall also state whether any state or federal permits are required prior to any activity on the property. The biological survey and report shall have been conducted within one month of the date of the permit application. This requirement may be waived by the director upon submittal of sufficient information by the applicant that the site does not provide habitat to wildlife and by confirmation by visual inspection of the property by the director or designee.(4) Any required soils, erosion, geological, or design information required by the director of community development and sustainability or the director of public works not previously submitted with an application for a subdivision or land use permit or entitlement.(d) Permit issuance. The director of community development and sustainability shall issue the grading permit if the director finds that the permit meets the requirements of this article and that issuance of the permit will not have a significant adverse impact on any wildlife noted on the biological survey and protected under state or federal law. The director shall not issue a permit for disking or grading if the director finds that mowing or flailing will more adequately safeguard the wildlife on the property and meet the needs of the property owner and the city to clear the site to prevent fire hazards.(e) Final grading plans. Final grading plans and specifications shall be prepared and signed by a registered civil engineer and shall meet all current requirements of federal, state and local laws and regulations.", "history": "(Ord. 2091 § 3, 2002; Ord. 2390 § 1, 2012)" }, { "guid": "44634883", "number": "§ 8.18.040", "title": "Liability.", "text": "The issuance of grading approval under the provisions of this article shall not relieve any person from responsibility for damage to any person or property or impose any liability on the City of Davis for damage to any person of property. The issuance of grading approval under the provisions of this article shall not relieve any person from responsibility for compliance with any other applicable laws of regulations related to the disking, tilling, or grading of their property, including, but not limited to, compliance with any applicable state, federal or city laws relating to the environment, wildlife or damage and preservation of wildlife and plant species.", "history": "(Ord. 2091 § 4, 2002)" }, { "guid": "44634884", "number": "§ 8.18.050", "title": "Violations—Remedies.", "text": "(a) Nuisance. Any violation of this article is hereby declared to be a nuisance subject to abatement pursuant to Chapter 23 of the Davis Municipal Code.(b) Misdemeanor. Any person violating the provisions of this article shall be guilty of a misdemeanor.(c) The remedies and violations set forth herein are not exclusive and are in addition to any other remedy or penalty provided for in law for violation of this article or the activities regulated by this article.", "history": "(Ord. 2091 § 5, 2002)" }, { "guid": "44634888", "number": "§ 8.18.060", "title": "Definitions.", "text": "As used in this article the following words have the following meanings:Diskingmeans any mechanical system designed to turn and pulverize soil to destroy weeds or other plant material. Disking includes all types of harrowing devices designed to turn or level soil.Gradingmeans any land excavation or filling or combination thereof, or the plowing under or burial of vegetative groundcover.Mowingmeans the cutting of standing vegetation, grasses or herbage without disturbing the soil in which the vegetation is growing.Tillingmeans the plowing of soil in such a manner as to remove or bury vegetative groundcover.", "history": "(Ord. 2091 § 6, 2002)" } ] }, { "guid": "44634893", "title": "DEMOLITION", "number": "8.19", "url": "https://ecode360.com/44634893", "sha256": "9530763a227f75c1434b017746fb0e312cc9f8755631d2c5a4b4587af161f879", "exportedArticleSha256": "cde87ee1a40150a6b466a8dc714ebb898951ac0302128c6448569bcc6d5aff53", "sections": [ { "guid": "44634894", "number": "§ 8.19.010", "title": "Definitions.", "text": "Demolitionmeans the destruction, removal, or relocation of a structure not classified as an \"incidental structure,\" or the permanent or temporary removal of more than twenty-five percent of the perimeter walls of the structure.Demolition permitmeans a permit issued by the City of Davis department of community development and sustainability providing clearance to undertake a demolition, which, as appropriate, incorporates a demolition certificate and/or relocation approval issued in accordance with Articles 8.19 and 40.23 of the Municipal Code.Incidental structuremeans accessory structures or buildings, such as sheds, trellises, fences, gazebos, play structures, and other similar structures as determined by the community development and sustainability director.Structuremeans any structure to which state agencies have regulatory power, used or intended for supporting or sheltering any use or occupancy, housing or enclosure of persons, animals, equipment or property of any kind, and also includes structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, appliances and equipment, installed as part thereof (1998 California Building Code).Tract homemeans one of a large number of similar looking homes built in a single subdivision generally characterized by repetition of design, floor plan, and architectural features and characterized as mass-produced as distinguished from a house that is custom built.", "history": "(Ord. 2125 § 1, 2003; Ord. 2390 § 2, 2012; Ord. 2433 § 1, 2014)" }, { "guid": "44634900", "number": "§ 8.19.020", "title": "Demolitions in general.", "text": "No demolition permit may be issued, nor may demolition occur within the city, without a demolition permit that has satisfied all requirements set forth below. For all demolitions within the city all of the following shall be completed prior to issuance of a demolition permit and prior to any and all demolition activity:(a) A site management plan shall be submitted (on a form available at the city), reviewed by staff, and receive approval prior to issuance of a demolition permit. The site management plan shall include a material recycling plan, tree identification and protection/preservation consistent with the City Tree Preservation Ordinance, site grading, sidewalk protection and pedestrian access around the site, runoff control, weed control, details of any proposed fencing or screening, and the site appearance control. Other necessary materials or information may be required at the discretion of the community development and sustainability director or building official.(b) At a minimum, a notice of application for demolition shall be posted in a prominent location on the site, mailed to all property owners of record within three hundred feet of the site, and notice shall be posted in the local newspaper providing contact information for the applicant and/or property owner for a minimum of fourteen days prior to issuance of a demolition permit.(c) Demolitions carried out in accordance with this section shall be statutorily exempt from environmental review pursuant to Section 15268 of CEQA as ministerial projects provided such a demolition is not for a structure identified as a historic resource, or a resource pursuant to Section 15064.5 of CEQA Guidelines.", "history": "(Ord. 2125 § 2, 2003; Ord. 2390 § 2, 2012; Ord. 2433 § 2, 2014)" }, { "guid": "44634904", "number": "§ 8.19.030", "title": "Demolitions within the adopted conservation overlay district (Article 40.13A) or historic district.", "text": "In addition to Section 8.19.020, demolition of all structures within the adopted conservation overlay district or within an historic district shall be subject to Article 40.23 of Chapter 40 of the Davis Municipal Code and the following:All necessary discretionary entitlements, including, but not limited to, design review, conditional use permits, map applications, public hearings, CEQA clearance, and any other discretionary entitlements that may be necessary for the construction of a replacement project shall be completed prior to issuance of a demolition permit.", "history": "(Ord. 2125 § 3, 2003)" }, { "guid": "44634905", "number": "§ 8.19.040", "title": "Demolition of structures that are fifty or more years old.", "text": "In addition to the requirements of Sections 8.19.020 and 8.19.030 above, demolition of all structures built fifty or more years from the date of demolition application submittal shall be subject to Article 40.23 of Chapter 40 of the Davis Municipal Code and the following:(a) If the property is a resource in accordance with the Historic Resources Management Ordinance, demolition review shall be subject to the provisions of Article 40.23 of this Code.(b) If a demolition permit application is received and the property is not designated under Article 40.23 of this Code, city staff shall have a maximum of thirty days to determine if the structure should be considered for historic designation consistent with the standards established in Article 40.23 of the Davis Municipal Code. A notice of application for demolition shall be posted in a prominent location on the site, mailed to all property owners of record within five hundred feet of the site, and notice shall be posted in the local newspaper providing contact information for the applicant and/or property owner for a minimum of fourteen days contiguous with the start of the thirty-day review period. The city shall make a determination whether or not to issue a demolition permit within this thirty-day period based on the potential historic value of the property in accordance with the criteria established in Article 40.23 of this Code. If the building is deemed to have a potential historic value, the city shall have, at its discretion, a maximum of ninety additional days to complete all necessary hearings to determine whether the property should be designated as a resource consistent with Article 40.23 of this Code. If, after review, the building is not designated as a historic resource, a demolition permit shall be issued.(c) While the jurisdiction of the historical resources management commission is limited under this section of Article 8.19 to those properties that are fifty years old or more for which a demolition permit is sought, nothing herein should be construed to prevent the designation of properties as historical resources that are less than fifty years old; provided, that said designation is made pursuant to the requirements of Article 40.23, and is consistent with the requirements of federal and state cultural resources law for properties of exceptional significance.", "history": "(Ord. 2125 § 4, 2003; Ord. 2165 § 10, 2005; Ord. 2433 § 3, 2014)" }, { "guid": "44634909", "number": "§ 8.19.050", "title": "Unsafe or dangerous conditions.", "text": "(a) None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct unsafe or dangerous conditions of any structure, or part thereof, where such condition has been declared unsafe or dangerous by the city building official or city fire marshal, and where the proposed measures have been declared necessary by such official, to correct the said condition; provided that only that work which is absolutely necessary to correct the unsafe or dangerous condition is done and with due regard to preservation of the structure involved. In the event that a structure is damaged by fire, earthquake, or other natural disaster, to such an extent that in the opinion of the aforementioned officials it cannot be reasonably repaired or restored, it may be removed in conformity with normal demolition permit procedures and applicable laws. If the condition of an unsafe or dangerous designated historic resource so permits, the city official shall consult with the historic resources management commission prior to any corrective measures.(b) Demolitions carried out in accordance with this provision shall be statutorily exempt from environmental review pursuant to Section 15269 of CEQA as an emergency project.", "history": "(Ord. 2125 § 5, 2003; Ord. 2433 § 4, 2014)" }, { "guid": "44634912", "number": "§ 8.19.060", "title": "Exemptions.", "text": "(a) Incidental structures. Incidental structures that are not part of designated historic property or part of a property potentially eligible for designation shall not be subject to the requirements of this article and shall not require issuance of a demolition permit in accordance with this section. Properties potentially eligible for designation include those surveyed and found to be eligible for designation and properties fifty or more years old but not yet surveyed for historic significance.(b) Hardship exemption. Those applications under the purview of Article 40.23 shall be subject to the hardship exemption standards established in that article. Any person may apply for an exception from the provisions of this article on the grounds of hardship. Such application shall state the nature of the hardship and the reasons why an exception to this article is warranted. The application shall state in writing why the delay in pursuing the demolition of a structure until the requirements of this section are met would constitute a taking in contravention of the law. The application shall also include in a written statement in the application whether alternatives to the proposed demolition have been investigated. The application for a hardship exemption shall be heard by the planning commission pursuant to the procedures established in Chapter 40 for the hearing of applications for conditional use permits. The commission shall consider the provisions of this article together with the provision in Section 40.30.080 in determining whether to grant a hardship exception under this article. The planning commission may require the applicant to provide documentation of any hardship claim. Any action of the planning commission may be appealed to the city council under the terms and within the time frames set forth in Article 40.35 of this Code.(c) Other demolition permits. Other demolition permits issued by the City of Davis department of community development and sustainability, such as interior demolitions, shall be exempt from Section 8.19.040.(d) Overriding considerations.(1) The community development and sustainability director shall have the authority to waive any or all of the requirements of Sections 8.19.020 and 8.19.030 for the demolition of automobile service stations if the director determines all of the following:(A) That the structure is under fifty years of age and does not have the potential to be a historic resource; and(B) That immediate issuance of a demolition permit outweighs the benefit of the requirements of Section 8.19.020 and/or 8.19.030; and(C) That the demolition helps facilitate the removal of a potential attractive nuisance and/or visual blight and that further delay in demolition will likely result in continued degradation of the safety and aesthetic of the site; and(D) That adequate measures have been taken to ensure that the demolition activity will not cause a public safety hazard.(2) The community development and sustainability director shall notify the city council upon issuance of a demolition permit when utilizing this provision.", "history": "(Ord. 2125 § 6, 2003; Ord. 2151 § 2, 2005; Ord. 2153 § 1, 2005; Ord. 2390 § 2, 2012; Ord. 2433 § 5, 2014)" }, { "guid": "44634923", "number": "§ 8.19.070", "title": "Appeals.", "text": "(a) Appeal procedures. Appeals of actions pursuant to this section shall be carried out in accordance with the appeal procedures established in Article 40.35 of the Davis Municipal Code.(b) Stay of issuance of demolition permit. If the city council approves the issuance of a demolition permit, the demolition permit shall not be issued for a period of ten days from the date of the city council action to allow for filing of a judicial appeal.", "history": "(Ord. 2125 § 7, 2003)" } ] }, { "guid": "44634926", "title": "RENEWABLE ENERGY", "number": "8.20", "url": "https://ecode360.com/44634926", "sha256": "6f0fa75fd9bff6bbe25df4bc65cfb173f15f4da36611fdf0d8fa913cf7faae6a", "exportedArticleSha256": "90ad92e734938a3786baced4cf15d929df783011e7194e18374e72d2fc379a08", "sections": [ { "guid": "44634927", "number": "§ 8.20.010", "title": "Purpose.", "text": "The purpose of this article is to encourage the use of renewable energy sources and to establish requirements and standards for the installation of solar energy and other renewable energy systems on new residential structures that would be compatible with the building and appropriate for the district.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634928", "number": "§ 8.20.020", "title": "Applicability.", "text": "(a) The provisions of this article shall apply to:(1) New single-family dwellings or duplexes as defined in Section 40.01.010 of the city's municipal code, including the demolition of an existing residence and construction of a replacement residence.(b) The provisions of this article shall be imposed as conditions of approval for all tentative and final maps approved pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) on or after January 1, 2015 for the uses described in this article, above; and compliance with these conditions shall be required for the issuance of a building permit. Where a map pursuant to the Subdivision Map Act is not required, the provisions of this article shall be imposed as conditions of approval for building permit applications filed on or after January 1, 2015 for the uses described in this article, above.(c) The provisions of this article do not apply to:(1) Residential projects with a valid final planned development approval received prior to January 1, 2015.(2) Additions or remodels to existing single-family dwellings or duplexes, except as noted above.(3) New or existing multiple dwelling development as defined in Section 40.01.010 of the city's municipal code.(4) New or existing nonresidential development.(5) Accessory buildings or structures as defined in Section 40.01.010 of the city's municipal code.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634938", "number": "§ 8.20.030", "title": "Solar photovoltaic system requirement.", "text": "(a) All applicable single-family dwellings or duplexes shall install a solar photovoltaic system and comply with the following standards, as shown in Table 1 and noted below.Table 1. Minimum Solar Photovoltaic Requirement per Dwelling UnitSingle-Family or DuplexMinimum System Size1,000 sq. ft. or less1.6 kW1,001 sq. ft. to 1,500 sq. ft.2.0 kW1,501 sq. ft. to 2,000 sq. ft.2.3 kW2,001 sq. ft. to 2,500 sq. ft.2.5 kW2,501 sq. ft. to 3,000 sq. ft.3.0 kWMore than 3,000 sq. ft.3.5 kW(1) Demolition and Replacement. For the purposes of this article, the demolition and replacement of an existing residence is considered to be a new residence subject to the requirement for a solar system when it meets all of the following:(A) It qualifies as a demolition pursuant to the city's Demolition Ordinance; and(B) The new construction for the replacement residence includes both: (i) the permanent or temporary removal of more than sixty percent of the existing linear perimeter walls or the replacement or enclosure of more than sixty percent of the existing linear perimeter walls with new perimeter walls; and (ii)}}-->the replacement or reconstruction of more than sixty percent of the existing roof area.(b) System expansion and prewiring. All residential solar systems installed pursuant to this article shall reserve sufficient roof space to accommodate a fifty percent expansion of the required system capacity and shall provide electrical conduit to accommodate any additional wiring. The expansion area shall be shown on the building plans.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634944", "number": "§ 8.20.040", "title": "Submittal requirements.", "text": "(a) The project applicant shall obtain all required building permits and shall submit plans and documentation necessary to demonstrate compliance with the requirements of this article, as determined by the director of community development and sustainability.(b) As part of the site plan approval of the building permit for the dwelling unit, the applicant shall provide the layout of the required solar system and any additional necessary details for review and approval. The site plan for the solar system layout shall address, but is not limited to, the following details: size of the required or proposed system size, building and roof square footage, roof orientation, roof penetrations, nearby trees which may include tree size, height, shading, and identification of an expansion area for the solar system.(c) The building permit for the solar system may be issued separately from the permit for the dwelling unit, but shall be installed prior to occupancy of the dwelling unit.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634948", "number": "§ 8.20.050", "title": "Location and height standards.", "text": "All solar systems shall comply with the following standards and guidelines for location and height.(a) Ground-mounted systems. All ground-mounted systems shall comply with the setback requirements for accessory structures pursuant to Section 40.26.010. Ground-mounted systems may encroach into the setbacks provided they are screened from adjacent properties and streets, do not exceed the fence height and comply with Building Code requirements.(b) Roof or building-mounted systems may not exceed the maximum allowed building height of the structure to which they are attached, except in the case of a primary structure that is constructed to the maximum allowed building height, the attached solar system may exceed the allowable height by no more than two feet or up to the height of the building parapet if there is one, whichever is greater.(c) Roof or building-mounted systems, including the solar collectors and associated equipment and appurtenances should be located and designed to minimize aesthetic impacts without compromising the effectiveness of the solar collectors. Solar system appurtenances should be screened to the extent feasible and should be painted a color similar to the color of the surface upon which they are mounted.(d) Accessory structures. Solar systems mounted on an accessory structure shall comply with the yard and height requirements of that accessory structure.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634953", "number": "§ 8.20.060", "title": "Alternative compliance.", "text": "The director of community development and sustainability (\"director\") may approve alternative compliance in lieu of on-site solar PV for the following:(a) Off-site solar gardens. In the event that the electricity utility provider for Davis enables the use of off-site PV systems to off-set electricity charges, projects subject to this article may utilize such methods to fully or partially satisfy the requirements of this article. In determining compliance, the director shall consider the longevity of the contract for local off-site power and the certainty that such contract will remain with the property. The intent is to allow for local off-site solar to satisfy the objectives of this article with reasonable assurance that it will provide similar benefits and longevity as a PV system fixed to the property.(b) Aggregated system. In the case of a tract home or production subdivision, installation of a solar system is not required on all individual units if the aggregated energy requirement for the subdivision or subdivision phase is provided on other units within the development. The developer shall demonstrate compliance to the satisfaction of the director.(c) Solar water heater. Installation of a solar water heater or other similar system may substitute for an equivalent amount of energy to be produced by the required solar system or for an equivalent amount of roof space occupied by the required solar system.(d) Other renewable energy sources. Upon demonstration that space heating and cooling requirements or other significant energy needs will be met with an acceptable solar, ground source system such as geothermal, or other renewable energy source that meets the intent of this article.", "history": "(Ord. 2440 § 2, 2014)" }, { "guid": "44634958", "number": "§ 8.20.070", "title": "Exemptions.", "text": "(a) Exemption request. The director of community development and sustainability may waive or reduce all or part of the requirements of this article upon written request by the applicant and the provision of any required supporting information for the following:(1) Urban Forest. When compliance would conflict with the growth and/or maintenance of the city's existing urban forest or conflict with the city's Tree Preservation Ordinance to the extent that existing shading or future shading from existing trees would substantially impact the effectiveness of the required solar system, consistent with the Davis Solar Shade Control Act. It is the responsibility of the project applicant/developer to identify potential shading conflicts. The project applicant/developer shall make all reasonable effort to avoid and minimize new shading conflicts when planning the site and building layout and design, site landscaping, the location and species of new trees.(2) Solar Access. When insufficient solar access, such as shading from existing buildings or trees, would substantially impact the effectiveness or ability to accommodate the required solar system.(3) Building and Roof Design. When there is insufficient roof space or the design or orientation of the building or roof would preclude full compliance. It is the responsibility of the project applicant/developer to demonstrate how alternative building design and/or lot orientation that would allow for full compliance with this article is infeasible.(4) Hardship Exemption. When compliance would impose a demonstrated undue hardship or expense, or would otherwise be infeasible.(b) Exemption requirements. A request for an exemption shall comply with the following requirements:(1) A written request and justification for the exemption.(2) Supporting information to the satisfaction of the director documenting a demonstrated hardship, unique circumstances or other compliance with the intent of this article. Required information may include, but is not limited to, an alternatives analysis evaluating ability to comply with alternative compliance measures, an economic analysis evaluating the cost issues, or documentation of additional project measures or energy efficiency features above and beyond the minimum requirements that may warrant a reduction or waiver.(3) The cost for any outside peer review that may be required to review supporting documentation shall be borne by the project applicant.", "history": "(Ord. 2440 § 2, 2014)" } ] }, { "guid": "44634968", "title": "SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS", "number": "8.21", "url": "https://ecode360.com/44634968", "sha256": "96566281b958aaa24ecc81b92e95e2e80cf62fe5d5d36910e2f395c3e41520e4", "exportedArticleSha256": "1d2b7dfcb7c5eab1b164a69480b2af9f38560bd8206e3a3024e40ed35ea67616", "sections": [ { "guid": "44634969", "number": "§ 8.21.010", "title": "Purpose.", "text": "The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with Government Code Section 65850.5, to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The article encourages the use of solar systems by establishing prescriptive guidelines, minimizing costs to property owners and the City of Davis, and expanding the ability of property owners to install solar energy systems.", "history": "(Ord. 2459 § 1, 2015)" }, { "guid": "44634970", "number": "§ 8.21.020", "title": "Definitions.", "text": "For purposes of this article, the terms \"solar energy system,\" \"small residential rooftop solar energy system,\" and \"electronic submittal\" shall have the same meaning as set forth in Government Code Section 65850.5.", "history": "(Ord. 2459 § 1, 2015)" }, { "guid": "44634971", "number": "§ 8.21.030", "title": "Duties of the building official.", "text": "(a) The building official, no later than September 30, 2015, shall adopt a checklist of all requirements which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. The checklist may be amended from time to time.(b) The small residential rooftop solar system permit process and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists, contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.(c) All documents required for the submission of an expedited solar energy system application shall be made available on the city's website.(d) Electronic submittal of the required permit application shall be made available to all applicants for small residential rooftop solar energy system permits.(e) In the case of electronic submittal, an applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. For purposes of this section, the city will accept as an electronic signature an electronic copy, such as a facsimile image or an electronic image (such as a PDF), of an applicant's written signature.", "history": "(Ord. 2459 § 1, 2015)" }, { "guid": "44634977", "number": "§ 8.21.040", "title": "Permit review and inspection.", "text": "(a) For walk-in applications the building official shall perform a plan review and issue all required permits either over-the-counter or within one business day. Upon receipt of an incomplete application, the building official shall issue a written correction notice within the same time frames, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.(b) Review of an application shall be limited to the building official's review of whether the application meets the checklist and California Building Standards Code requirements.(c) An application may not be denied unless written findings are made based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The decision of the building official may be appealed to the planning commission pursuant to Section 40.35.030 of the Davis Municipal Code.(d) In most cases only one consolidated inspection shall be required and shall be performed, in a timely manner, for small residential rooftop solar energy systems eligible for expedited review. If a small residential rooftop solar energy system fails an inspection, subsequent inspection(s) shall be authorized but need not conform to the requirements of this article.(e) The building official shall not condition approval for any solar energy system on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code.", "history": "(Ord. 2459 § 1, 2015)" }, { "guid": "44634983", "number": "§ 8.21.050", "title": "Fees for permits.", "text": "All fees prescribed by the city for permitting small residential solar energy systems shall be adopted by the city council and shall comply with Government Code Sections 65850.55, 66015 and 66016 and Health and Safety Code Section 17951.", "history": "(Ord. 2459 § 1, 2015)" } ] }, { "guid": "44634984", "title": "EMERGENCY AND HAZARD PLACARD POSTING", "number": "8.22", "url": "https://ecode360.com/44634984", "sha256": "9bb061f4bc7f72d587ae471ca55e944f2db29c4975f14626ce95a01810ef58c8", "exportedArticleSha256": "f8ef8be2de565c83f198994b169df6cf4097aa9ccd08f1587771d443580783eb", "sections": [ { "guid": "44634985", "number": "§ 8.22.010", "title": "Purpose.", "text": "The purpose of this article is to authorize the establishment of a standard emergency and hazard placard system for use when buildings and structures exhibit actual or threatened dangerous conditions, and to authorize enforcement and penalty procedures in the event building owners, occupants or other persons remove, alter, cover or otherwise fail to comply with the posted placards. This article is not intended to supersede, replace, or preempt any other legal remedy or procedure available to the city, including, but not limited to, nuisance abatement procedures authorized by local and state laws and regulations.", "history": "(Ord. 2474 § 2, 2016)" }, { "guid": "44634986", "number": "§ 8.22.020", "title": "Chief building official authorized.", "text": "(a) The chief building official is hereby authorized to establish, maintain and utilize a standard emergency and hazard placard system. The emergency and hazard placard system shall include designated placards for posting on any building or structure, or portion thereof, deemed unsafe or dangerous by the chief building official or his or her authorized representative due to the existence of an actual or threatened dangerous condition or hazard. The placards must generally describe the type of damage or hazard present and restrictions on continued occupancy, if any.(b) The emergency and hazard placard system and use of any designated placards may be amended or modified as deemed necessary and appropriate by the chief building official.", "history": "(Ord. 2474 § 2, 2016)" }, { "guid": "44634989", "number": "§ 8.22.030", "title": "Violations.", "text": "Once a placard has been attached to a building or structure, it may not be removed, altered, or destroyed except by an authorized representative of the city, or upon written authorization from the city. It shall be a violation of this article for any other person, firm, corporation, or other entity to ignore, disregard, remove, alter, destroy, cover up, or fail to comply with the terms and use restrictions of any placard issued and posted pursuant to this article.", "history": "(Ord. 2474 § 2, 2016)" }, { "guid": "44634990", "number": "§ 8.22.040", "title": "Penalties.", "text": "Any person, firm, corporation or other entity, whether as owner, lessee, sublessor, sublessee, or occupant, who violates, or causes or permits to be violated, any portion of the provisions of this article is subject to any or all of the following:(a) Such person shall be guilty of a misdemeanor offense for each day and every day, or portion thereof, during which any violation is committed, continued or permitted, and upon conviction shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.(b) Such person shall be subject to summary or administrative nuisance abatement by the city, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the city pursuant to the summary or administrative abatement procedures contained in the Davis Municipal Code or any other provisions of law.(c) Such person shall be prosecuted in a civil action, criminal action, or both brought by the city. The city attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation or other violation of this article.", "history": "(Ord. 2474 § 2, 2016)" }, { "guid": "44634994", "number": "§ 8.22.050", "title": "Administrative citations.", "text": "In addition to all other available remedies at law, this article shall be enforceable through the use of the administrative citation procedures set forth in Davis Municipal Code Chapter 1, Article 1.02. For the purpose of assessing fines, violations of this article shall be considered a violation of the building and safety codes as described in Section 1.02.040(a)(4).", "history": "(Ord. 2474 § 2, 2016)" } ] }, { "guid": "44634995", "title": "ELECTRIC VEHICLE CHARGING STATIONS REVIEW PROCESS", "number": "8.23", "url": "https://ecode360.com/44634995", "sha256": "5c943827f8492abad809afabfc6a1baf6c4af975dff233c86fe19066b4c5d65b", "exportedArticleSha256": "b4da7afa2809bad4024c4a78875b129a148d2da33324084739d1e3e8f4e1ca40", "sections": [ { "guid": "44634996", "number": "§ 8.23.010", "title": "Purpose.", "text": "The purpose of this article is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with California Government Code Section 65850.7, to achieve timely and cost-effective installations of electric vehicle charging stations. This article is intended to encourage the use of electric vehicle charging stations by establishing prescriptive guidelines, minimizing costs to property owners and the City of Davis, and limiting obstacles for property owners to install electric vehicle charging stations, consistent with state law.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44634997", "number": "§ 8.23.020", "title": "Definitions.", "text": "Building officialmeans the chief building official of the City of Davis, or his/her designees.Electric vehicle charging station or charging stationmeans any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the article codified in this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.Specific, adverse impactmeans a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44635001", "number": "§ 8.23.030", "title": "Expedited permitting process.", "text": "(a) Consistent with Government Code Section 65850.7, as may be amended from time to time, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and develop a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the \"Plug-In Electric Vehicle Infrastructure Permitting Checklist\" of the \"Zero-Emission Vehicles in California: Community Readiness Guidebook\" as published by the Governor's Office of Planning and Research.(b) The city's adopted checklist and required application forms shall be published on the city's website.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44635004", "number": "§ 8.23.040", "title": "Permit application processing.", "text": "(a) Prior to submitting an application for processing, an applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: reviewing and complying with electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.(b) A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. A complete application pursuant to this section does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the city.(c) If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.(d) The building official shall allow for electronic submittal of permit applications covered by this article and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. Electronic submittal may include one or all of the following methods, as allowed by the building official: email, via the Internet, or by fax.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44635009", "number": "§ 8.23.050", "title": "Technical review.", "text": "(a) The building official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this article, the building official retains authority at all times to identify and address higher priority life-safety situations.(b) If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, as defined in this article, the city may require the applicant to apply for a conditional use permit pursuant to Article 40.30 of this Code. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the planning commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives.(c) In the technical review of a charging station application, the building official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.(d) Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city-adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44635014", "number": "§ 8.23.060", "title": "Electric vehicle charging station installation requirements.", "text": "(a) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.(b) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.(c) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.(d) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.", "history": "(Ord. 2511 § 1, 2017)" }, { "guid": "44635019", "number": "§ 8.23.070", "title": "Severability.", "text": "If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.", "history": "(Ord. 2511 § 1, 2017)" } ] }, { "guid": "44635047", "title": "IN GENERAL", "number": "8A.01", "url": "https://ecode360.com/44635047", "sha256": "98d80aa790f98fa939b4afb2a95851caee6d53f3b249b02545ad3d296de69db6", "exportedArticleSha256": "028ae0ca9710c45abb1b96171a11d8f0c57f25a64e26daa5283619ef621a53c3", "sections": [ { "guid": "44635048", "number": "§ 8A.01.010", "title": "Cardrooms defined.", "text": "For purposes of this article, the term \"cardroom\" means any place or business within the city where tables are used by the public for the playing of cards, and at which money or anything of value is wagered or for the use of such tables a fee or compensation is charged.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635049", "number": "§ 8A.01.020", "title": "License for cardrooms—Required.", "text": "It is unlawful for any person to engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom without first obtaining a valid cardroom license from the city issued pursuant to the provisions of this chapter.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635050", "number": "§ 8A.01.030", "title": "License for cardrooms—Application.", "text": "An applicant for a cardroom license shall submit his or her application to the police chief of the city. The application shall include, but is not limited to, the following:(a) The true name of the applicant, together with the names of all persons with direct or indirect interest in the conducting of such business, including all members of any firm or partnership. A corporate applicant shall list officers, directors and principal owners, including all owners of ten percent or more of the corporate stocks;(b) The criminal record, if any, of the applicant and all persons holding a financial interest, including lenders;(c) The location and description of the premises upon which the applicant proposes to conduct a cardroom and a statement of the property interest of the applicant in the premises as owner, lessee or otherwise;(d) The maximum number of card tables which will be operated on the premises;(e) The specific types of card games proposed to be played within the cardroom;(f) Such further information bearing on the identity and character of the applicant or the use, location, or condition of the premises as the police chief may require.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635057", "number": "§ 8A.01.040", "title": "Investigation by the police chief.", "text": "The police chief, upon receipt of a written application for a license containing all of the information required by Section 8A.01.030, shall conduct, or cause to be conducted, an investigation to determine whether the requested cardroom license should be granted or denied in accordance with the provisions of this chapter. The police chief shall consider any relevant, factual material relating to such application. Within sixty calendar days of receipt of the application, the investigation shall be concluded and the police chief shall approve or deny the application.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635058", "number": "§ 8A.01.050", "title": "Approval or denial of application.", "text": "The police chief shall approve an application for a cardroom license unless any of the following circumstances exists:(a) That the establishment or operation of a cardroom at the premises would violate the city's zoning, fire, building, or other ordinances or regulations, or other applicable laws and regulations;(b) That the applicant, owners, officers, employees, or persons sharing in the profits of the cardroom have been convicted of crimes involving violence, lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes of moral turpitude, crimes involving service or entertainment businesses catering to the public, or regulations or orders of the violations of the Alcohol Beverage Control Commission;(c) That the applicant has failed to comply with any of the provisions of the City of Davis Municipal Code, or other laws applicable to the premises, equipment, or operation of the business for which a license is requested;(d) That the applicant, in this state or any other state, has been refused, or had revoked, a cardroom, gambling, or similar license;(e) That the applicant has knowingly made any false, misleading, or fraudulent statements of material fact in the application or any other documents required by the city in conjunction therewith.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635064", "number": "§ 8A.01.060", "title": "Appeal.", "text": "If the police chief denies an application for a cardroom license, the applicant may appeal that decision to the city manager's office by filing a written notice of appeal with the city clerk within ten calendar days of the date of decision. Upon failure to file such notice within the ten-day period, the action of the police chief shall be final and conclusive. Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer. The hearing officer shall schedule, notice and hold a hearing on the appeal. The applicant shall have the burden of establishing that the application was wrongfully denied. If the city manager hired or appointed a hearing officer, then following the hearing and after reviewing the testimony and evidence presented at the hearing, the hearing officer shall issue a recommendation to the city manager regarding the propriety of the police chief's determination. Based upon a review of the hearing transcript and the evidence, the city manager shall accept, amend and accept, or reject the hearing officer's recommendation. Such action shall constitute the city manager's determination of the appeal, which determination shall be final.", "history": "(Ord. 1820 § 1; Ord. 2390 § 20, 2012)" }, { "guid": "44635065", "number": "§ 8A.01.070", "title": "Change in location—Approval required.", "text": "No licensed cardroom may be moved to a new location within the city limits without prior approval by the police chief. In addition to the requirements of this chapter, all cardroom locations must meet all other applicable city requirements.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635066", "number": "§ 8A.01.080", "title": "License fee.", "text": "Every person engaged in operating, maintaining or carrying on the business of a cardroom shall pay a license fee as established by the chief of police and approved by the city council by resolution. Such fee shall not exceed the city's reasonable direct and indirect costs in administering and enforcing this chapter.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635067", "number": "§ 8A.01.090", "title": "Renewal.", "text": "All licenses and permits for cardrooms shall be for one calendar year. To renew, the licensee must file with the police chief, by December 1st of each year to become effective by January 1st of the following year, an application for a cardroom license and a declaration stating under penalty of perjury whether there has been a material change in ownership or operation of the cardroom, any violation of any law or regulation by the licensee related to the licensed cardroom, or any violation of the provisions of this chapter. The police chief shall either approve or deny the renewal application in accordance with the criteria in Section 8A.01.050. In addition, the renewal may be denied if the cardroom has been determined to be a public nuisance pursuant to Chapter 23.If the renewal request is approved by the police chief, the licensee shall pay the applicable license fees. If the renewal request is denied, the applicant may file an appeal in accordance with Section 8A.01.060. A license shall become null and void on January 1st, if the appropriate renewal fee(s) have not been paid on or before December 31st, of the immediately preceding year.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635068", "number": "§ 8A.01.100", "title": "Time to commence operation.", "text": "An applicant who has received a cardroom license and paid all appropriate fees, as provided in this section, must commence operation of the cardroom within thirty days following issuance of the license. The police chief may grant an extension upon showing of probable cause of unavoidable delay beyond the licensee's control.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635069", "number": "§ 8A.01.110", "title": "Suspension and revocation.", "text": "(a) Suspension and revocation of cardroom license or work permit. The city manager shall have the right for cause to revoke or suspend any cardroom license issued hereunder, and the chief of police shall have the right for cause to revoke or suspend any cardroom work permit issued hereunder. Any of the grounds upon which the city manager and the chief of police may refuse to grant a cardroom license application or cardroom work permit application shall also constitute grounds for such revocation or suspension. In addition, the failure of a cardroom license or cardroom work permit holder to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of the license or work permit.Cardroom licensees shall continuously operate a cardroom while holding a valid cardroom license. If any person licensed hereunder fails to maintain and continuously operate a cardroom for a period of one hundred eighty consecutive days or more in accordance with the provisions of this chapter, the license shall automatically be revoked. A licensee may appeal any automatic revocation within the time and in the manner set forth in Section 8A.01.060.(b) Temporary suspension.(1) The city manager shall have the authority to temporarily suspend a cardroom license and to order the licensee to cease and desist immediately any further operation of the cardroom during the time an appeal is pending pursuant to the provisions of this chapter, if the chief of police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the public health, safety, morals or welfare caused by exercise of the license and one of the following occurs:(A) The licensee is in violation of any of the provisions of this chapter, the Penal Code of the State of California, or any other applicable federal, state or local law, rule or regulation; or(B) The chief of police finds that by reason of criminal activity occurring on the cardroom premises, or by virtue of acts by the patrons of the cardroom, that the public is subject to the immediate risk of harm or criminal, deceitful or otherwise unethical practices.(c) Temporary suspension—Notice of suspension and appeal.(1) The temporary suspension shall be effective twenty-four hours following delivery of a temporary suspension notice to the licensee. If the licensee is unavailable or unable to be served, notice may be delivered to the person in charge of the cardroom and mailed to the licensee at the cardroom premises, and shall take effect twenty-four hours after both are delivered and placed in the mail.(2) An appeal of a temporary suspension of a license pursuant to this section shall be made as provided in Section 8A.01.060.(d) Conducting a cardroom or operating as a cardroom manager or dealer after temporary suspension. It is unlawful for the holder of a cardroom license to operate or permit the operation of a cardroom during any temporary suspension of the cardroom license pursuant to this section, and it shall be unlawful for the holder of a cardroom employee permit to work as a cardroom employee in any cardroom the license for which has been temporarily suspended pursuant to this section.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635079", "number": "§ 8A.01.120", "title": "Work permits required for cardroom employees.", "text": "Cardroom employees shall be required to obtain a work permit from the police chief. For the purposes of this section, cardroom employees are defined as dealers, overseers and others directly connected with the operation and supervision of the card tables and excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision. Only one such work permit shall be required each year even though the holder of such work permit may change his or her place of employment within the city. Each cardroom employee shall pay the sums established by resolution of the city council for his or her first permit and for each renewal.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635080", "number": "§ 8A.01.130", "title": "Work permits—Application.", "text": "(a) Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be deemed relevant by the police chief in order to determine whether the applicant has the necessary qualifications to receive a cardroom work permit.(b) The police chief shall require permit holders to be trained by Department of Justice gaming personnel on state rules affecting cardrooms.", "history": "(Ord. 1820 § 1; Ord. 2390 § 21, 2012)" }, { "guid": "44635083", "number": "§ 8A.01.140", "title": "Work permits—Basis for denial.", "text": "The police chief shall grant an application for a work permit unless any of the following circumstances exists:(a) That the applicant has criminal convictions. The police chief shall consider all criminal convictions of such applicant, the reasons therefor, and the actions of such agent or employee subsequent thereto;(b) That the applicant has a record of engaging in false, misleading, or fraudulent activities;(c) That the applicant has been refused, or has had revoked, any license or permit by an agency of government for failure to abide by local, state or federal laws, or for making false, misleading, or fraudulent statements in conjunction with operation under said license or permit;(d) That the applicant has knowingly made any false, misleading, or fraudulent statements of fact in the application or any other document required by the city in conjunction therewith;(e) The applicant is under twenty-one years of age.", "history": "(Ord. 1820 § 1; Ord. 2390 § 22, 2012)" }, { "guid": "44635089", "number": "§ 8A.01.150", "title": "Appeals.", "text": "Any aggrieved person wishing to appeal the decision of the police chief in granting or denying an application for a work permit to the city manager may do so by filing a written notice of appeal with the city clerk within ten calendar days of the date of decision. Upon failure to file such notice within the ten-day period, the action of the police chief shall be final. The appeal shall proceed pursuant to the procedure provided by Section 8A.01.060.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635090", "number": "§ 8A.01.160", "title": "Permit is nontransferable.", "text": "No cardroom work permit shall be assignable or transferable.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635091", "number": "§ 8A.01.170", "title": "Chapter does not permit games prohibited by state law.", "text": "The city council declares that it is not the intention of this chapter to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the state.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635092", "number": "§ 8A.01.180", "title": "Cardroom regulations.", "text": "Except as hereinafter provided, no person shall operate a cardroom in violation of any of the following regulations:(a) No person shall be permitted to hold or be interested in more than one cardroom license issued by the city.(b) The maximum number of card tables permitted in any cardroom shall be as allowed under the Uniform Fire Code, but in no event shall more than five card tables be permitted in any cardroom.(c) Not more than one cardroom shall be located at any one address.(d) Not more than ten players may participate at any one card table.(e) All cardrooms shall remain open to immediate inspection with no doors locked. Inspections may be conducted without a search warrant and during all hours of operation. Inspections shall be conducted to determine the licensee's compliance with the requirements of this chapter.(f) No person under the age of twenty-one years shall be permitted at any card table or participate in any game played thereat, or be present in a cardroom at any time. However, if the licensee does not hold a license to serve alcoholic beverages on-site, then persons between the ages of eighteen and twenty-one may be permitted to be present in a cardroom and to participate in any game played thereat.(g) Each cardroom licensee or licensees shall post in a conspicuous place on the premises a copy of the house rules and regulations and give notice that all persons will be required to comply with them.(h) The cardroom shall be separated from other activities on the premises.(i) The only games permitted to be played in a cardroom are Draw Poker, LoBall, 7-Card Stud Poker and Texas Hold 'Em. All other games not prohibited by state law are prohibited. The games allowed and the rules of the games allowed shall be posted in a prominent place within the cardroom.(j) Only table stakes shall be permitted. Each game shall have a maximum bet of twenty dollars per player per betting round. The maximum bet shall be posted in a prominent place within the cardroom.(k) Each cardroom shall have, at all times of operation, a person assigned and present to supervise the game strictly in accordance with the laws of the State of California and the provisions of this chapter. The designated cardroom supervisor and all cardroom employees, excepting the licensee acting as supervisor, must also possess a valid cardroom work permit.(l) It is unlawful for any employee, licensee, manager, operator, owner, or person in control of, or person who appears to be in control of, any licensed cardroom to hire, employ, engage, or persuade any person to play as a shill or decoy upon or within the premises. It is unlawful for any person to perform any function as a shill within a licensed cardroom in the city.(m) No licensee shall permit any person to enter or remain on the premises or to play or remain in any game while such person appears to be, or in the opinion of the licensee or duly authorized agents or employees, is under the influence of intoxicating liquor or drugs.(n) Cardroom may operate a maximum of seven days a week, 10:00 a.m. until 5:00 a.m. the following day, unless restricted by other city permits.", "history": "(Ord. 1820 § 1)" }, { "guid": "44635107", "number": "§ 8A.01.190", "title": "Exemptions.", "text": "The provisions of this article shall not apply to cardrooms of fraternal organizations not open to the general public and whose membership is restricted to those persons regularly and formally elected to membership therein and paying regular dues to such organizations. In addition, the provisions shall not apply to card games for casino night type fundraisers when a function of a nonprofit organization.", "history": "(Ord. 1820 § 1)" } ] }, { "guid": "44635109", "title": "IN GENERAL", "number": "8B.01", "url": "https://ecode360.com/44635109", "sha256": "a01399112b1a2b9b53bb97ce7cc36f634ff8345455c6fa57b0743137ac831c94", "exportedArticleSha256": "4cfa457d94eb20ec3fbcef14bbb27efb9ecbcaf09efdf108df48218c2e9df56b", "sections": [ { "guid": "44635110", "number": "§ 8B.01.010", "title": "Definitions.", "text": "(a) The definitions set forth in this part shall govern the application and interpretation of this chapter.(b) When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender.(c) Subject to the provisions of Section 1.01.020 of Chapter 1 of the Davis Municipal Code, the words \"shall\" and \"will\" are mandatory, and \"may\" is permissive.(d) Words not defined in this chapter shall have the same meaning as in Title VI of Title 47 of the United States Code in effect on the effective date of the ordinance enacting this article, and, if not defined therein, their common and ordinary meaning.(e) References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.(f) If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision.(g) Unless otherwise specified, references to laws, ordinance or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635118", "number": "§ 8B.01.020", "title": "Access, PEG access, or PEG use.", "text": "Access, PEG access, or PEG use refers to the availability of a cable system or OVS for public, education or government use (including institutional network use) by various agencies, institutions, organizations, groups, and individuals, including the city and its designated access providers, to acquire, create, and distribute programming not under a franchisee's editorial control, including, but not limited to, the access or use described in Sections 8B.01.030—8B.01.050 of this article.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635119", "number": "§ 8B.01.030", "title": "Public access or public use.", "text": "Public access or public use means access where organizations, groups, or individual members of the general public are the designated programmers or users having editorial control over their communications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635120", "number": "§ 8B.01.040", "title": "Education access or education use.", "text": "Education access or education use means access where schools are the designated programmers or users having editorial control over their communications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635121", "number": "§ 8B.01.050", "title": "Government access or government use.", "text": "Government access or government use means access where government institutions or their designees are the designated programmers or users having editorial control over their communications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635122", "number": "§ 8B.01.060", "title": "Affiliate.", "text": "Affiliate means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635123", "number": "§ 8B.01.070", "title": "Basic service.", "text": "Basic service means any service tier regularly provided on a cable communications system to all subscribers, which includes the retransmission of local television broadcast signals.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635124", "number": "§ 8B.01.080", "title": "Cable Act.", "text": "Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635125", "number": "§ 8B.01.090", "title": "Cable communications system.", "text": "Cable communications system refers to open video systems (OVS) and cable systems.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635126", "number": "§ 8B.01.100", "title": "Cable service.", "text": "Cable service means:(a) The one-way transmission to subscribers of: (1) video programming, or (2) other programming service; and(b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635129", "number": "§ 8B.01.110", "title": "Cable system.", "text": "Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations;(b) A facility that serves subscribers without using, or connecting to a facility that uses, any public right-of-way within the city;(c) A facility of common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Federal Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;(d) Any facilities of any electronic utility used solely for operating its electric utility systems; or(e) An OVS that is certified by the FCC.Any reference to a cable system includes the cable system as a whole, or any part thereof, including all pedestals, equipment cabinets, electronic equipment and device appurtenant to the cable system.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635135", "number": "§ 8B.01.120", "title": "Channel.", "text": "Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system or OVS and which is capable of delivering, at a minimum, a standard broadcast television service, whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635136", "number": "§ 8B.01.130", "title": "City.", "text": "City means the City of Davis and all departments, divisions, and agencies thereof; except that, when used to describe a geographic area, the term refers to the boundaries of the City of Davis, California, as they exist now or may exist in the future.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635137", "number": "§ 8B.01.140", "title": "City manager.", "text": "City manager means the city manager or the city manager's designee.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635138", "number": "§ 8B.01.150", "title": "Construction, operation or repair.", "text": "Construction, operation or repair and similar formulations of that term means the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and the management of the cable system and its operations.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635139", "number": "§ 8B.01.160", "title": "FCC.", "text": "FCC means the Federal Communications Commission.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635140", "number": "§ 8B.01.170", "title": "Franchise.", "text": "Franchise refers to an authorization granted by the city to the operator of a cable communications system giving the operator the non-exclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in the city, to provide specified services within a franchise area. A permit is not a franchise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635141", "number": "§ 8B.01.180", "title": "Franchise area.", "text": "Franchise area means the area of the city that a franchisee is authorized to serve by the terms of its franchise ordinance or by operation of law.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635142", "number": "§ 8B.01.190", "title": "Franchisee.", "text": "Franchisee refers to a person holding a cable communications system franchise granted by the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635143", "number": "§ 8B.01.200", "title": "Gross revenues.", "text": "Gross revenues means any and all revenue, of any kind, nature or form derived from the operation of a cable communications system to provide cable service. Gross revenues include, by way of example and not limitation, revenues from equipment sales and rentals, services (including cable modem services), installation, late fees and other subscriber charges fees for carriage of programming, advertising, and shopping services; the term encompasses revenues that are received now, as well as new revenue sources that may develop in the future. Gross revenues shall be construed broadly to include revenues of affiliates (other than those revenues which are already treated as the revenues of the franchisee), to prevent avoidance of fees owed on gross revenues.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635144", "number": "§ 8B.01.210", "title": "Institutional network.", "text": "Institutional network or I-Net means a communication network financed, constructed and/or or operated by the operator of a cable communications system that is available for the use of the city and other local agencies.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635145", "number": "§ 8B.01.220", "title": "Operator.", "text": "Operator when used with reference to a cable communications system, refers to a person: (a) who directly or through one or more affiliates provides cable service or OVS over a cable communications system and directly or through one or more affiliates owns a significant interest in such system; or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635146", "number": "§ 8B.01.230", "title": "OVS.", "text": "OVS or open video system means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the city, provided that the FCC has certified that such system complies with 47 C.F.R. Part 76. A reference to an OVS includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS, or installed in conjunction with the OVS.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635147", "number": "§ 8B.01.240", "title": "OVS agreement.", "text": "OVS agreement means a franchise entered into in accordance with the provisions of this chapter between the city and an OVS franchisee setting forth the terms and conditions under which the OVS franchise will be exercised.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635148", "number": "§ 8B.01.250", "title": "Person.", "text": "Person, unless it otherwise appears from the context as used, means and includes any person, individual, firm, organization, corporation, partnership, association, limited liability company, joint stock or other company, business or other trust, public agency, school district, the State of California, its political subdivisions and/or instrumentalities, or any other legal entity, but not the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635149", "number": "§ 8B.01.260", "title": "Public property.", "text": "Public property means any property that is owned or under the control of the city that is not a public right-of-way, including, but not limited to, buildings, parks, structures such as utility poles and light poles, or similar facilities or property located in a public right-of-way or owned by or leased to the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635150", "number": "§ 8B.01.270", "title": "Public right-of-way.", "text": "Public right-of-way means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path alley, court, sidewalk, parking strip, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the city which may be properly used for the purpose of installing, maintaining, and operating a cable communications system; and any other property that a franchisee is entitled by state or federal law to use by virtue of the grant of a franchise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635151", "number": "§ 8B.01.280", "title": "School.", "text": "School means any publicly funded charter school or public primary and secondary schools and colleges accredited by the State of California (which term includes all accredited post-secondary institutions, including by way of example and not limitation, community colleges, technical colleges and universities).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635152", "number": "§ 8B.01.290", "title": "Subscriber.", "text": "Subscriber means the city or any person who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system, whether or not a fee is paid for such service.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635153", "number": "§ 8B.01.300", "title": "User.", "text": "User means person or the city utilizing a channel, capacity or equipment and facilities of a cable communications system for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635154", "title": "GENERAL PROVISIONS", "number": "8B.02", "url": "https://ecode360.com/44635154", "sha256": "3bcf2b7f401bc926a1bf10e493515e4fc73aaa9b3ffe6a15f8efacfaa2ab5e22", "exportedArticleSha256": "676649d77bf35af47912fa0b7e35b5630c90b35928b136fcbde5628b65e8ae43", "sections": [ { "guid": "44635155", "number": "§ 8B.02.010", "title": "Franchise required.", "text": "No person may construct, operate or repair a cable communications system in the city without first obtaining a city franchise therefor from the city pursuant to the terms and provisions of this chapter.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635156", "number": "§ 8B.02.020", "title": "Form of franchise.", "text": "Any franchise shall be issued in the form of an ordinance and must be accepted by the franchisee pursuant to the terms of this chapter and the franchise ordinance to become effective.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635157", "number": "§ 8B.02.030", "title": "Scope of franchise.", "text": "A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate and repair a cable system or an OVS (as applicable) pursuant to the terms of its franchise ordinance and this chapter to provide cable service in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those public rights-of-way that the city may authorize a franchise to use.(a) A franchise shall not convey rights other than as expressly specified in this chapter, or in a franchise ordinance; no rights shall pass by implication.(b) A franchise shall not include, or be a substitute for:(1) Complying with requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, complying with the conditions the city may establish before constructing facilities for, or providing, non-cable services;(2) Any permit, agreement or authorization required in connecting with construction, operation or repair on or in public right-of-way or public property, including by way of example and not limitation, street cut permits;(3) Any permits, easements or agreements for occupying any other property of the city or private entities to which access is not specifically granted by the franchise.(c) A franchise does not relieve a franchisee of its duty to comply with all city ordinances, resolutions, written policies, and regulations, and every franchisee must comply with the same. The rights granted under a franchise ordinance are subject to the exercise of police and other powers the city now has or may later obtain, including, but not limited to, the power of eminent domain.(d) A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Nor does a franchise grant authority to occupy any property other than the public right-of-way. Any right granted to franchisee by a franchise ordinance shall not be subdivided or subleased to any other person or affiliate. Any attempt to subdivided or sublease any right granted by a franchise ordinance will void the franchise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635165", "number": "§ 8B.02.040", "title": "Franchise non-exclusive.", "text": "No franchise shall be exclusive, or prevent the city from issuing other franchises or authorizations, or prevent the city from itself constructing, operating, or repairing its own cable communications system, with or without a franchise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635166", "number": "§ 8B.02.050", "title": "Franchise term.", "text": "Every franchise shall be for a term of years set forth in the franchise ordinance, which term shall be a maximum of ten years. The city council may approve a longer term if necessary to provide special benefit to the community such as increased competition or improved service.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635167", "number": "§ 8B.02.060", "title": "Costs borne by franchisee.", "text": "Unless otherwise specifically stated in a franchise ordinance or required by law, all acts which a franchisee is required to perform under the franchise ordinance or applicable law shall be performed at the franchisee's expense.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635168", "number": "§ 8B.02.070", "title": "Failures to perform.", "text": "If a cable communications system operator fails to perform work that it is required to perform within the time provided for performance, the city may perform the work or cause the work to be performed and bill the operator therefor. The operator shall pay the amounts billed within thirty days.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635169", "number": "§ 8B.02.080", "title": "Administration of ordinance—Adoption of regulations.", "text": "(a) The city may from time to time adopt regulations to implement the provisions of this chapter. This chapter, and any regulations adopted pursuant to this chapter, are not contracts with any franchisee, and may be amended at any time by the city.(b) The city manager is hereby authorized to administer and enforce the provisions of this chapter and any franchise issued pursuant hereto, to provide any notices (including noncompliance notices), and to take any action on the city's behalf that may be required hereunder or under applicable law.(c) The failure of the city, upon one or more occasions, to exercise a right or to require compliance or performance under a franchise ordinance or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.(d) The city may designate one or more persons, including itself, to control and manage the use of public, educational or government access channels, facilities and equipment.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635174", "number": "§ 8B.02.090", "title": "Cable advisory board.", "text": "The city may establish a citizen's cable advisory board or user's group to provide advice and assistance to the city on cable communications matters. The city may delegate to the cable advisory board or user's group certain duties such as: (a) hearing and resolving complaints and disagreements between grantees and subscribers or users; (b) determining the operation and use of access and leased access channels (if any), with a view to maximizing the diversity and usefulness of programs and services to subscribers; and (c) assisting the council in its needs assessment and its consideration of applications for new, transfer, and renewal franchises. Board or group members shall be broadly representative of the city's population with diverse backgrounds and a reasonable knowledge of cable communications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635175", "number": "§ 8B.02.100", "title": "Transfers.", "text": "(a) No transfer of a franchise, franchisee, or cable communications system, or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless: (1) prior application is made by the franchisee to the city; (2) the franchisee pays any applicable fee; (3) the city council holds a public hearing; and (4) the city's prior written consent is obtained, pursuant to this chapter and the franchise ordinance, and only then upon such terms and conditions as the city deems necessary and proper to protect the public interest. Every franchise shall be deemed to be held in trust, and to be personal to the franchisee. Any transfer that is made without the prior approval of the city shall be deemed to impair that trust. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer.(b) A change of control of a franchise, franchisee, or cable communications system shall be deemed to have occurred whenever there is a change, acquisition or transfer of control of more than a ten percent ownership in the franchisee or its direct or indirect parents by any person, or a group of persons acting in concert. However, a transfer also occurs whenever there is a change in actual working control, in whatever manner exercised, over the affairs of a franchisee or its direct or indirect parents. Without limiting the above, any change in the general partners of a franchisee shall be presumed a change in control.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635178", "number": "§ 8B.02.110", "title": "Pledge of system assets.", "text": "Notwithstanding any other provision of this provision of this chapter, pledges in trust or mortgages of the assets of a cable communications system to secure the construction, operation, or repair of the system may be made without application and without the city's prior consent. However, no such arrangement shall be made if it would in any respect under any condition: (a) prevent the cable communications system operator or any successor from complying with this chapter, the franchise ordinance or other applicable law or regulation; or (b) permit a third party to succeed to the interest of the operator, or to own or control the system, without the prior consent of the city. Any mortgage, pledge or lease shall be subject to and subordinate to the rights of the city under any franchise, this chapter, or other applicable law.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635179", "number": "§ 8B.02.120", "title": "General conditions upon construction, operation and repair.", "text": "(a) The construction, operation, and repair of cable communications systems shall be performed in compliance with all laws, ordinances, resolutions, departmental rules, regulations, written policies, and practices affecting such system. By way of example, and not limitation, this includes the City of Davis standards and specifications; Chapter 35 of the Davis Municipal Code (i.e., regulation of streets); Chapter 40 of the Davis Municipal Code (i.e., the city's zoning ordinance); ordinances, regulations and policies to preserve or protect the public safety; construction standards; regulations for providing notice to persons that may be affected by system construction; and directives governing the time, place and manner in which facilities may be installed in the public rights-of-way.Persons engaged in the construction, operation, or repair of cable communications systems shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property. Before beginning construction, operation or repair of a cable communications system, an operator shall obtain a copy of the specifications from the department of public works.(b) A franchise is required before a permit may be issued for work associated with the construction, operation or repair of a cable communications system. Any permit issued for such work to a person that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon and in full compliance with the city's demand.(c) Construction, operation, or repair of a cable communications system shall not commence until all required permits have been paid. All work performed shall be performed in strict accordance with the condition of the permit. Upon order of the city, any work and/or construction undertaken that is not completed in compliance with the city's requirements, or which is installed without obtaining necessary permits and approvals shall be removed in accordance with reasonable timeline set forth by the city. A franchisee shall reimburse the city for costs incurred in inspecting construction undertaken in the course of major upgrades and/or installation of fiber optics.(d) Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized, and any interference shall only be the result of implementing permit conditions. The city may require a person using the public rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the public rights-of-way. In particular, if residents of the city wish to install facilities in the public rights-of-way for their own use during any period in which a franchisee has opened trenches in the public rights-of-way, and such residents have obtained all necessary permits and other approval required under federal, state and local law, a franchisee shall cooperate with the efforts of such residents to install facilities.(e) To the extent possible, operators of cable communications systems shall use existing poles and conduit. Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the city engineer.(f) A cable communications system operator shall, by a time specified by the city, protect, support, temporarily disconnect, relocate, or remove any of its property when requested by the city by reason of traffic conditions; public safety; public right-of-way construction and repair (including regrading, resurfacing or widening); public right-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the cable communications system. Collectively, such matters are referred to below as the \"public work.\" The city shall provide written notice describing where the public work is to be performed at least two weeks prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities; provided that, in an emergency, or where a cable communications system creates or is protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without prior notice, and charge the cable communications system operator for costs incurred. The city shall not be liable for any resulting damage to the cable communications system, or for any damage caused by the cable communications system.(g) To accommodate the construction, operation, or repair of the facilities of another person authorized to use the public rights-of-way or public property, a franchisee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The franchisee shall be given written notice describing where the construction, operation or repair is to be performed at least fifteen days prior to the time by which its work must be completed. The city may, by order, resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among persons authorized to install facilities in the public rights-of-way or on public property if such persons are unable to do so themselves.(h) A cable communications system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than seven days advance notice to arrange for such temporary wire changes. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same.(i) A cable communications system operator may abandon any property in place in the public rights-of-way or upon public property only with the written consent of the city. An operator may request permission to leave facilities in the public right-of-way or on public property. If the city fails to consent, however, within ninety days of the receipt of a written request for consent, the city shall be deemed to have determined that the safety, appearance, functioning or use of the public right-of-way or public property and facilities in the public right-of-way or on public property will be adversely affected. In that case, the operator shall remove the property within one hundred eighty days of its abandonment. If the city consents to the abandonment, the city may request that the cable communications system operator transfer ownership of the property to the city at no cost, and execute necessary quitclaim deeds. Whether or not ownership is transferred, the operator must indemnify the city against future costs associated with mitigating or eliminating any hazard associated with the abandoned property.(j) Every cable communications system shall be subject to inspection and testing by the city. Each operator shall respond fully and in a timely manner to requests for information regarding its system and plans for the system as the city may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated, or repaired.(k) Each operator of a cable communications system that places facilities underground shall be a member of the regional notification center for subsurface installations (underground services alert) and shall field mark the locations of its underground communications facilities upon request. The operator shall locate its facilities for the city at no charge.(l) At least ninety days prior to commencing construction, each cable communications system operator shall provide the city a plan for any initial cable communications system construction, operation or repair or for any substantial rebuild, upgrade or extension of its cable communications system, which shall shows its timetable for construction of each phase of projects, and the areas of the city that will be affected. This plan shall not take the place of any permits, zoning approval or other requirements of this chapter, the specifications, or the Davis Municipal Code.(m) Within one hundred eighty days from and after the effective date of any ordinance awarding a franchise or franchise renewal, or within such extended period of time as the city council in its discretion may authorize, the franchisee shall file with the city clerk copies of all contracts which it may have with all public utility companies, whereby franchisee is granted any right to use of the property, equipment or facilities of such utility or utilities in the conduct of any operations pursuant to the franchise or franchise renewal awarded to said franchisee.(n) The city shall have the right to install and maintain, free of charge upon any poles or in any conduit owned by a franchisee any wire and pole fixtures that do not unreasonably interfere with the cable service operations of the franchisee.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635194", "number": "§ 8B.02.130", "title": "Undergrounding aerial facilities.", "text": "Whenever all existing utilities are located underground in an area in the city, every cable communications system operator installing its system in the same area must locate its cable communications system underground. Whenever the owner of a pole locates or relocates underground within an area of the city, every cable communications system operator in the same area shall concurrently relocate its facilities underground. Nothing in this section prevents the city from ordering cable communications system facilities to be located or relocated underground under other provisions of the Davis Municipal Code.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635195", "number": "§ 8B.02.140", "title": "Consequences of public works projects.", "text": "Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation or repair of a cable communications system shall be promptly repaired by the operator. Public property and public rights-of-way must be restored to the satisfaction of the city to a condition as good or better than before the disturbance or damage occurred.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635196", "number": "§ 8B.02.150", "title": "Interconnection.", "text": "(a) An operator's system shall be designed and constructed, insofar as technically and economically feasible, so as to be capable of interconnection with any systems existing in areas contiguous to the city and with any such systems anticipated for future construction.(b) Upon request of the city, every cable communications system shall be required to interconnect with every other cable communications system within the city, or adjacent to the city, on fair and reasonable terms for purposes of providing public, educational, and governmental and institutional network services. In the event of a dispute, the city manager may issue an order establishing the terms and conditions under which interconnection shall occur, and any franchisee shall comply with the order.(c) An operator shall cooperate with any interconnection corporation, regional interconnection authority, or county or state regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing, or otherwise providing for interconnection of cable communications systems beyond the boundaries of individual political jurisdictions.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635200", "number": "§ 8B.02.160", "title": "Indemnification.", "text": "No franchise shall be valid or effective until and unless the city obtains an adequate indemnity from the franchisee. The indemnity shall, to the extent permitted by law:(a) Release the city from and against any and all liability and responsibility in or arising out of the construction, operation, repair or maintenance of the cable communications system. Each cable communications system operator shall further agree not to sue or seek any money or damages from the city in connection with the above mentioned matters; and(b) Indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, and employees, from and against any and all claims, demands, or causes of action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the city or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable communications system operator, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the system.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635203", "number": "§ 8B.02.170", "title": "Insurance.", "text": "(a) A franchisee (or those acting on its behalf) shall not commence construction or operation of the cable communications system without first obtaining insurance in amounts and of a type satisfactory to the city, from an insurer acceptable to the city. The required insurance shall be obtained and maintained for the entire period the franchisee has facilities in the public rights-of-way or on public property. If the franchisee, its contractors, or subcontractors do not have the required insurance, the city may order such persons to stop operations until the insurance is obtained and approved.(b) Certificates of insurance, reflecting evidence of the required insurance and naming the city as an additional insured, waiver of subrogation, and other proofs as the city may find necessary, shall be filed with the city. For persons issued franchises after the effective date of the ordinance codified in this chapter, certificates and other required proofs shall be filed within thirty days of the issuance of a franchise, once a year thereafter, and whenever there is any change in coverage. For persons that have facilities in the public rights-of-way as of the effective date of the ordinance codified in this chapter, the certificates shall be filed within sixty days of said effective date, annually thereafter, and whenever there is any change in coverage, unless a pre-existing franchise ordinance expressly provides for filing of certificates in a different manner. Each franchisee's insurance coverage shall be primary insurance as respects the city. Any insurance or self-insurance maintained by the city shall be in excess of the franchisee's insurance and shall not contribute with it.(c) Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days' prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of California. Financial ratings must be no less than \"A.VII\" in the latest edition of Bests Key Rating Guide published by A.M. Best Guide.(d) A cable communications system operator (and those acting on its behalf to construct, operate or repair the system) shall maintain the following minimum insurance. The city shall be named as an additional insured on the general liability and automotive policies; those insurance policies shall be primary and contain a cross-liability clause.(1) Commercial General Liability Insurance to Cover Liability from Bodily Injury and Property Damage. Exposures to be covered shall include premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:Bodily InjuryEach Occurrence$1,000,000Annual Aggregate$5,000,000Property DamageEach Occurrence$1,000,000Annual Aggregate$5,000,000Personal InjuryAnnual Aggregate$5,000,000Completed operations and products liability shall be maintained for two years after the termination of the franchise or license (in the case of the cable communications system owner or operator) or completion of the work for the cable communications system owner or operator (in the case of a contractor or subcontractor).Property damage liability insurance shall include coverage for the following hazards: X-explosion, C-collapse, U-underground.Prior to approval by the city, all insurance and indemnification shall be received and approved by the Yolo County Public Agency Risk Management and Insurance Agency.(2) Workers' compensation insurance shall be maintained during the life of the franchise to comply with statutory limits for all employees, and in the case any work is sublet, each cable communications system operator shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each cable communications system operator. Each cable communications system operator and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following minimum limits must be maintained:Workers' CompensationStatutoryEmployers' Liability$1,000,000 per occurrence(3) Comprehensive Auto Liability Insurance.Bodily InjuryEach Occurrence$1,000,000Annual Aggregate$3,000,000Property DamageEach Occurrence$1,000,000Annual Aggregate$3,000,000Coverage shall include owned, hired, and non-owned vehicles.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635211", "number": "§ 8B.02.180", "title": "Performance bond.", "text": "Every operator of a cable communications system shall obtain and maintain a performance bond to ensure the faithful performance of its responsibilities under this chapter and any franchise ordinance. In the case of any franchise ordinance that requires the cable communications system operator to initially build, or to upgrade a system, the amount of the bond shall be in an amount sufficient to ensure that the required construction is satisfactorily completed. The amount of the bond may be reduced upon successful completion of the required construction. The amount of the performance bonds shall be set by the city manager or may be set in a franchise ordinance in light of the nature of the work to be performed pursuant to or under the franchise, but initially shall not be less than ten percent of the estimated cost of constructing or (in the case of existing systems) upgrading the cable communications system. The bond is not in lieu of any additional bonds that may be required through any permitting process. The bond shall be in a form acceptable to the city attorney. Bonds must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise ordinance specifically provides otherwise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635212", "number": "§ 8B.02.190", "title": "Security fund.", "text": "Every cable communications system operator shall establish and maintain a cash security fund or provide the city an irrevocable letter of credit or a cash deposit in an amount specified in the franchise ordinance but no less than fifty thousand dollars to secure the payment of fees owed, to secure any other performance promised in a franchise ordinance, including, but not limited to, compliance with this chapter and applicable customer service standards, and to pay any taxes, fees or liens owed to the city. The letter of credit shall be in a form and with an institution acceptable to the city manager and in a form acceptable to the city attorney. Drawing on the cash security fund or letter of credit shall not be the city's exclusive remedy. Should the city draw upon the cash security fund or letter of credit, the cable communications system operator shall, within fourteen days, restore the fund or the letter of credit to the full required amount. This security fund/letter of credit may be waived or reduced by the city for a franchisee where the city determines in its discretion that a particular franchisee's operations are sufficiently limited that a security fund/letter of credit is not necessary to secure the required performance. The city may from time to time require a franchisee to change the amount of the required security fund/letter of credit to reflect changed risks to the city and to the public, including delinquencies in taxes or other payments to the city. The cash security fund or letter of credit must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise ordinance specifically provides otherwise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635213", "number": "§ 8B.02.200", "title": "Revocation.", "text": "The city council may revoke a franchise or reduce the term of a franchise if it finds, after a publicly-noticed hearing, that a cable communications system operator has violated any provision of this chapter or its franchise ordinance, committed a material breach of its franchise ordinance or repeatedly failed to comply with its franchise ordinance; has defrauded or attempted to defraud the city or subscribers; or has attempted to evade the requirements of this chapter or its franchise ordinance. Before conducting a hearing to revoke the franchise: (a) the city manager must have given notice of a claimed violation, breach, default or failure; and (b) the franchisee must have been given thirty days to cure the claimed default, except as provided herein. An opportunity to cure is not required where the city finds that the defect in performance is due to willful misconduct, is an adjudicated violation of criminal law, or is part of a pattern of violations where the franchisee has already had notice and opportunity to cure. The franchisee will be given at least twenty days' notice of the hearing date, and will be provided an opportunity to be heard at the hearing.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635214", "number": "§ 8B.02.210", "title": "Forfeiture.", "text": "The city may declare a franchise forfeited without opportunity to cure where: (a) a franchisee voluntarily stops providing cable services it is required to provide; or (b) a transfer described under Section 8B.02.100 occurs without the prior consent of the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635215", "number": "§ 8B.02.220", "title": "Bankruptcy.", "text": "A franchise will terminate automatically by force of law one hundred twenty calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the franchise may be reinstated within that one hundred twenty day period, if: (a) such assignment, receivership or trusteeship has been vacated; (b) such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the franchise ordinance, and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this chapter and the franchise ordinance. In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the city may revoke the franchise following a public hearing before the city council, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges thereunder will be revoked and will terminate thirty calendar days after serving such notice, unless: (a) the city has approved the transfer of the franchise to the successful bidder; and (b) the successful bidder has covenanted and agreed with the city to assume and be bound by the terms and conditions of the franchise ordinance and this chapter.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635216", "number": "§ 8B.02.230", "title": "City's rights upon termination or forfeiture.", "text": "(a) Upon termination or forfeiture of a franchise, whether by action of the city as provided above, or by passage of time, the city may do one or a combination of the following.(1) Direct the franchisee to stop using the cable communications system for the purposes authorized by the franchise.(2) Require the former franchisee to remove all or a portion of its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisee's and/or surety's expense.(3) By resolution of the city council, acquire ownership or effect a transfer of all or a portion of the cable communications system at an equitable price if termination or forfeiture is for cause, or if termination or forfeiture is not for cause, at fair market value, not including the value of the franchise.(b) Subsection (a)(3) of this does not apply to an abandonment. If a cable communications system or any part thereof is abandoned by franchisee, the city may require the franchisee to transfer title to or some of the abandoned portions to it at no charge, free and clear of encumbrances, and the same will become the city's property and the city may keep, sell, assign, or transfer all or part of the assets of the cable communications system, or otherwise dispose of those assets as it sees fit.(c) Notwithstanding the foregoing, the city may not, pursuant to this section, issue an order that violates 47 U.S.C Section 541(b)(3)(c).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635223", "number": "§ 8B.02.240", "title": "Remedies cumulative.", "text": "Remedies provided for under this chapter, or under a franchise ordinance, shall be cumulative and are in addition to all other remedies which may be available at law or equity. Recovery by the city of any amounts under insurance, the performance bond, the security fund or letter of credit, does not limit a franchisee's duty to indemnify the city; or relieve a franchisee of its franchise obligations or limit the amounts owed to the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635224", "number": "§ 8B.02.250", "title": "Liquidated damages.", "text": "Each franchise may contain a provision specifying liquidated damages payable to the city in the event of a breach of a franchise obligation where damages would otherwise be difficult to ascertain.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635225", "number": "§ 8B.02.260", "title": "Books and records.", "text": "(a) The city shall have the right to inspect and copy books and records: related in whole or in part of the construction, operation or repair of the cable communications system; that the city deems relevant to monitoring compliance with the terms of this chapter, a franchise or applicable law; or that the city deems relevant to the exercise of any right or duty of the city under the same. Each cable communications system operator is responsible for maintaining control over such books and records whether created by grantee, or by those acting on its behalf. It is responsible for producing these records upon the city's request, for the city's inspection and copying. The records that franchisee must produce shall include, but are not limited to revenue records, and other records related to compliance with any provision of this chapter or a franchise ordinance. Books and records must be maintained for a period of five years, except that a franchise ordinance may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase \"books and records\" shall be read expansively to include information in whatever format stored.(b) Books and records requested shall be produced to the city by a time and at a location in the city designated by the city manager. However, if the requested and books and records are too voluminous, or for security reasons cannot be copied and moved, then the franchisee may request that the inspection take place at some other locations mutually agreed to by the city and the franchisee; provided, that: (1) the franchisee must make necessary arrangements for copying documents selected by the city after its review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the city (above those that would have been incurred had the documents been produced in the city) in inspecting those documents or having those documents inspected by its designee.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635228", "number": "§ 8B.02.270", "title": "Reports.", "text": "(a) The city manager may from time to time direct a franchisee to prepare reports and to submit those reports by a date certain, in a format prescribed by the manager, in addition to those required by this chapter.(b) Unless an exemption is granted by the city manager, within forty-five days of the end of each calendar quarter, a franchisee shall submit a report to the city containing the following information:(1) The number of service calls (calls requiring a truck roll) received during the prior quarter and the percentage of service calls compared to the subscriber base; and(2) The total estimated hours of known outages as a percentage of total hours of operation. An outage is a loss of sound or video on any signal, or a subscribers.(c) Unless an exemption is granted by the city manager, no later than ninety days after the end of its fiscal year, a franchisee shall submit the following information, except that the information required by Section 8B.02.260(c)(3) need only be provided where there has been a change from the preceding year:(1) A fully audited or certified revenue report from the previous calendar year for the cable communications system, and a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing: (A) gross revenues by category (e.g., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); and (B) what, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction.(2) A report showing, for each applicable customer service standard, the franchisee's performance with respect to that standard for each quarter of the preceding year. In each case where franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance. In addition, the report should identify the number and nature of the customer service complaints received and an explanation of their dispositions.(3) An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of ten percent or more.(d) Within ten days of their receipt or (in the case of documents created by the cable communications system operator or a person acting on its behalf) filing, a franchise shall provide the city:(1) Notices of deficiency or forfeiture related to the operation of the cable communications system; and(2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635240", "number": "§ 8B.02.280", "title": "Maps required.", "text": "Each franchisee shall maintain accurate maps and improvement plans that show the location, size, and a general description of all facilities installed in the public rights-of-way or on public property and any power supply sources (including voltages and connections). Each franchisee shall provide a map to the city showing the location of its facilities, in such detail, format and scale as may be directed by the city manager and update the map at least annually, and whenever the facility expands or is located. Copies of maps shall be provided on disk, in a commercially available electronic format specified by the city manager.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635241", "number": "§ 8B.02.290", "title": "Other records required.", "text": "Unless the city manager specifically waives the requirement in writing, a franchisee shall at all times maintain:(a) Records of all complaints received, their nature and resolution. The term \"complaints\" refers to complaints about any aspect of the franchisee's services, construction, operations or repairs activities;(b) Records of outages known to the franchisee, their cause and duration;(c) Records of service calls for repair and maintenance indicating the nature of the call for service, the date and time service was requested, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved;(d) Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended;(e) Records sufficient to show whether the franchisee has complied with each customer service standard that applies to it.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635247", "number": "§ 8B.02.300", "title": "Exemptions.", "text": "The city manager may temporarily exempt any franchisee from its obligations under Sections 8B.02.260 through 8B.02.280 if the city manager determines that the requirement would be unduly burden-some or unnecessary, and that the city subscriber interests may be adequately protected in some other manner.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635248", "number": "§ 8B.02.310", "title": "Privacy.", "text": "A franchisee and its officers, agents, employees, contractors and subcontractors, shall respect, refrain from invading, and take affirmative action to prevent violation of the privacy of subscribers served by its cable communications system. A franchisee shall comply with all of the requirements of 27 U.S.C. Section 551, as amended, in addition to the following:(a) Neither a franchise nor any other person, agency, or entity shall tap, or arrange for the tapping or monitoring of any cable, line, signal, input device, or subscriber outlet or receiver for any purpose whatsoever, except that the franchisee may conduct tests for the functioning of the cable communications system where necessary in order to ensure proper maintenance of the system and to collect performance data for agencies regulating the quality of signals, and the franchisee may conduct cable communications system-wide or individually addressed \"sweeps\" for the sole purpose of verifying cable communications system integrity (including individual security system integrity), controlling return path transmissions, billing for pay services, or collecting aggregate data on viewing patterns by channel. \"Tapping\" shall mean observing or attempting to intercept a communications signal exchange where at least one of the communicating parties is unaware of the observation or interception, whether the exchange is observed by visual, aural or electronic means, for any purpose whatsoever. The mere provision of cable modem services by a franchisee shall not construed to be \"tapping\" or \"monitoring\" under this subsection.(b) The franchisee shall not place in any private residence or in any institution any equipment capable of two-way communications without the written consent of the subscriber, and shall not utilize the two-way communications capability of the system for subscriber surveillance of any kind without the written consent of the subscriber specifying the data to be collected, with definitions in lay persons' terms, and how the data collected will be used and by whom, except as permitted by 47 U.S.C. Section 551(b)(2) , or other applicable federal law. The written consents shall be, and shall show on their face that they are, revocable by the subscriber at any time by written communication mailed by the subscriber to the franchisee. No penalty shall be invoked for subscriber's failure to provide a written consent or for his or her revocation thereof, and all written consents shall so state on their face. The franchisee shall not make such written consent a condition precedent to receipt by a subscriber of any service. The provisions of this subparagraph shall not be deemed to require consent as a condition precedent to system-wide or individually addressed \"sweeps\" for the sole purpose of verifying system integrity, controlling return-path transmissions, billing for pay services, or collecting aggregate data on viewing patterns by channel.(c) No cable, line, wire, amplifier, converter, or other piece of equipment associated with cable communications system services shall be attached to any residence or other property of a citizen (except within public rights-of-way) without first securing the written permission of the owner or tenant of the property. If such permission is later lawfully revoked, whether by the original or subsequent owner or tenant, the franchisee shall remove forthwith all of the equipment and promptly restore the property to its original condition. The franchisee shall perform all installations in a workmanlike manner and shall be responsible for any damage to residences or other property caused by the installation.(d) Except as permitted by 47 U.S.C. Section 551(c), or other applicable federal law, no franchisee or officer, agent or employee thereof shall sell, or otherwise make available, lists of the names and addresses of its subscribers, or any list which identifies, by name or otherwise individual subscriber viewing habits, to any person, agency, or entity for any purpose whatsoever except that the franchisee shall, upon request, provide lists of names and addresses of its subscribers to authorized representatives of the city when the city council deems such information necessary for performance of the regulatory functions of the city. Names and addresses of subscribers within the possession of the city shall not be subject to public inspection or review, except as required by the California Public Records Act.(e) A franchisee may release the number of subscribers but only as total number and as a percentage of the potential subscribers within the license area. When indicating the number of subscribers viewing a particular channel, a franchisee shall indicate only the total number of subscribers viewing during the relevant time and the percentage of all subscribers which they represent, but not the identity of any subscriber.(f) No polls or other two-way responses of subscribers shall be conducted by a franchisee whether for commercial purposes or otherwise unless the program of which the poll is a part contains an explicit disclosure of the nature, purpose, and prospective use of the results of the poll. A franchisee shall adopt and enforce measures which ensure that personally identifiable information concerning a subscriber, including his or her viewing habits and response or responses to the inquiry of inquiries, is not received by any third party, including the party sponsoring the poll, except as permitted by 47 U.S.C. Section 551(c), or other applicable federal law.(g) A franchisee shall not tabulate any test results that would reveal the commercial product preferences or opinions of individual subscribers, members of their families or their invitees, licenses or employees, without advance written authorization by the subscriber, except as may be permitted by 47 U.S.C. Section 551(b)(2), or other applicable law. Tenants who occupy premises connected by the system shall be deemed to be subscribers within the meaning of this section regardless of who actually pays for the service.(h) A franchisee shall provide to a governmental entity personally identifiable information concerning a cable subscriber only pursuant to a court order:(1) Such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and(2) The subject of the information is afforded the opportunity to appear and contest such entity's claim.If a court enters an order requiring the disclosure of any information, the franchisee shall notify the subscriber immediately.(i) A franchisee shall take all reasonable steps so that it is able to provide reports, books and records to the city, including by providing appropriate subscriber privacy notices. Each franchisee shall be responsible for redacting data that applicable law prevents it from providing to the city. Nothing in this section shall be read to require a franchisee to violate city, state or federal subscriber privacy laws, or any provision of this chapter or a franchise ordinance related to privacy.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635260", "number": "§ 8B.02.320", "title": "Procedures for paying franchise fees and fees in lieu of franchise fees.", "text": "(a) The franchise fee paid pursuant to Article 8B.03, and the fee in lieu of franchise fee paid pursuant to Article 8B.04, shall be paid monthly unless otherwise specified in a franchise. Payment for each month shall be made to the city by electronic transfer not later than forty-five days after the end of each calendar month.(b) Unless a franchise ordinance expressly provides otherwise, a franchise or other person subject to a fee under Article 8B.03 or 8B.04 shall file with the city within thirty days of the end of each calendar month a statement showing gross revenues during the preceding month and the number of subscribers served.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635263", "number": "§ 8B.02.330", "title": "No accord or satisfaction.", "text": "No acceptance by the city of any payment shall be construed as an accord that the amount paid is in fact the correct amount nor shall such acceptance of such payment be construed as a release of any claim the city may have for additional sums payable or otherwise related to that payment.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635264", "number": "§ 8B.02.340", "title": "Franchise fee not in lieu of any tax.", "text": "Neither the franchise fee under Article 8B.03, nor the fee paid in lieu of the franchise fee under Article 8B.04, is a payment in lieu of any tax, fee or other assessment. Every franchise ordinance shall state that such fees constitute rent, as compensation for the use of public rights-of-way by a franchisee, and shall provide that the franchisee shall not denominate any such fees in any bills or other communications with subscribers in any manner that misstates the amount, notice, basis, incidence, or method of calculation of such fees, or that might mislead a subscriber regarding such matters.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635265", "number": "§ 8B.02.350", "title": "Interest or late payments.", "text": "In the event that a fee payment is not received by the city on or before the due date set forth in this section or in a franchise ordinance, or the fee owed is not fully paid, the person subject to the fee will be charged interest on the outstanding amount owed from the due date at an interest rate equal to three percent above the rate for three-month federal treasury bills at the most recent United States Treasury Department sale of such treasury bills occurring prior to the due date of the franchise fee payment.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635266", "number": "§ 8B.02.360", "title": "Final franchise fee statement.", "text": "Within ninety days of the date a franchisee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the franchisee (or its successor in interest) shall: (a) make a final franchise fee payment, covering the period from the end of the prior calendar month to the date the franchisee ceased operations; and (b) file a final statement of gross revenues covering the period from the beginning of the calendar year in which the operations ceased to the date operations ceased. The statement shall contain the information and be certified as required by Section 8B.02.260(c)(1).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635267", "number": "§ 8B.02.370", "title": "Exclusive contracts.", "text": "Beginning on the effective date of the ordinance codified in this chapter, neither a franchisee nor the owner of any apartment building in the city shall enter into any agreement granting a franchisee the exclusive right to provide cable service to residents of such a building. Franchisees and owners of apartment buildings shall comply with all requirements of state and federal law regarding access to such buildings by operators of cable communications systems.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635268", "title": "SPECIAL RULES APPLICABLE TO CABLE SYSTEMS", "number": "8B.03", "url": "https://ecode360.com/44635268", "sha256": "dd3b0bdf1343e6167c24465dab6e44720b5b9e1bcc9c6baba1e13b5de2480e03", "exportedArticleSha256": "b0d9e4be195241161a39866880f5725e5a1c608a8ee42c7d716d5d7edddd6bb7", "sections": [ { "guid": "44635269", "number": "§ 8B.03.010", "title": "Applications—Generally.", "text": "(a) An applications must be filed for an initial and renewal cable system franchise, or for approval of a transfer. All applications under this provisions of this chapter shall be in writing and shall be filed in the office of the city manager. These requirements do not apply to a renewal proposal submitted pursuant to 47 U.S.C. Section 546(h) as may be amended.(b) An application may be rejected if it is incomplete, or if the response to requests for information is not timely and complete.(c) Before taking final action on any such application, the city council shall conduct a public hearing. No initial grant, renewal or transfer of a franchise shall be effective without the approval of the city council.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635273", "number": "§ 8B.03.020", "title": "Content of applications.", "text": "(a) The city manager may specify the information that must be provided in connection with an application, and the form in which the information is to be provided.(b) At a minimum, each application must identify the applicant, show that the applicant is financially, technically and legally qualified to construct, maintain and operate the cable system, contain a pro forma showing capital expenditures and expected income and expenses for the first five years the applicant is to hold the franchise, and show that the applicant is willing to comply unconditionally with this chapter and its franchise obligations. In addition, any application for an initial or renewal franchise must describe in detail the cable system that the applicant proposes to build or maintain, show where it is or will be located, set out the system construction or rebuild schedule, and show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the cable system. To be accepted for filing, an original and six copies of a complete application, including any required application fee must be submitted. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.(c) The city may at any time require, and applicant shall provide, such supplementary, additional or other information as the city may deem reasonably necessary to determine whether the requested franchise should be granted. An applicant (and the transferor and transferee, in the case of a transfer) shall respond to any request for information from the city, by the time specified by the city.(d) The city council, by resolution, may establish application fees in amounts sufficient to recover the city's costs of reviewing and processing applications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635278", "number": "§ 8B.03.030", "title": "Application for an initial franchise or renewal franchise.", "text": "(a) This section establishes additional provisions that apply to an application for an initial franchise, or a renewal franchise application that is not governed by 47 U.S.C. Section 546(a)—(h) as may be amended.(b) Any person may apply for an initial or renewal franchise by submitting an application therefor on that person's own initiative, or in response to a request for proposals issued by the city. If the city receives an unsolicited application, it may choose to issue a request for additional proposals, and require the applicant to amend its proposal to respond thereto. The city may conduct such investigations as are necessary to act on an application.(c) Before taking final action on an application, the city shall conduct a public hearing in accordance with applicable state and federal law.(d) In determining whether to grant an initial franchise or renew a franchise, the city may consider:(1) In the case of an applicant for renewal, whether the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise ordinance, and whether the applicant's quality of service under its existing franchise ordinance including signal quality, response to customer complaints, billing practice, and the like has been reasonable in light of the needs of the community;(2) In the case of an applicant that has not previously held a cable system franchise in the city, whether the applicant's record in other communities indicates that it can be relied upon to provide high-quality service throughout any franchise term;(3) Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the city;(4) Whether the applicant's application is reasonable to meet the future cable related needs and interests of the city, taking into account the cost of meeting such needs and interest;(5) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on streets, public property, and private property that will be used by the applicant's cable system;(6) Whether issuance of the franchise would improve competition in the provision of cable service in the city;(7) Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use (which includes institutional network use, pursuant to Section 8B.01.020) of the cable system; and(8) Such other matters as the city is authorized or required to consider.(e) If the city determines that issuance of a franchise would be in the public interest considering the factors described in this section, it may proffer a franchise ordinance to the applicant.(f) Within thirty-one days after the effective date of the ordinance awarding a franchise or franchise renewal, or within such extended period of time as the city council in its discretion may authorize, the successful applicant or franchisee shall file with the city manager an unconditional written acceptance, in form satisfactory to the city attorney, of the franchise or franchise renewal, together with an agreement to be bound by and to comply with all applicable provisions of the city's ordinance, this chapter, and the franchise ordinance. Such acceptance and agreement shall be acknowledged before a notary public and shall in form and content be satisfactory to and approved by the city attorney.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635293", "number": "§ 8B.03.040", "title": "Application for renewal franchise filed pursuant to 47 U.S.C. Section 546.", "text": "(a) This section establishes provisions that apply to applications for renewal governed by 47 U.S.C. 546(a) through (g) as may be amended.(b) A franchisee that intends to exercise rights under 47 U.S.C. 546(a) through (g) as may be amended shall submit a notice in writing to the city in a timely manner clearly stating that it is activating the procedures set forth in those sections. The city shall thereafter commence any proceedings that may be required under federal law, and upon completion of those proceedings, the city may issue a request for proposals and an application may be submitted for renewal. The city may preliminarily deny the application by resolution, and if the application is preliminarily denied, the city may conduct such proceedings and by resolution establish such procedures and appoint such individuals as may be necessary to conduct any proceedings to review the application.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635296", "number": "§ 8B.03.050", "title": "Application for transfer.", "text": "An application for transfer must contain all the information required by city manager, by Section 8B.03.020(B), all information required by the FCC Form 394 as it existed on January 1, 2001, or as it may be amended in the future, and all information that it is required to file under applicable federal or state law.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635297", "number": "§ 8B.03.060", "title": "Review of transfer application.", "text": "In determining whether a transfer application should be granted, denied, or granted subject to conditions, city may consider the legal, financial, and technical qualifications of the transferee to operate the cable system; any potential impact of the transfer on subscriber rates or service; whether the incumbent cable operator is in compliance with its franchise; whether the transferee owns or controls any other cable system in the city; whether the transfer may eliminate or reduce competition in the delivery of cable service in the city; and whether operation by the transferee or approval of the transfer would otherwise adversely affect subscribers, the public, or the city's interest under this chapter, the franchise ordinance, or other applicable law. The proposed transferee shall pay all reasonable costs incurred by the city in reviewing and evaluating the applications. Before taking final action on a transfer application, the city shall conduct a public hearing.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635298", "number": "§ 8B.03.070", "title": "Acceptance of franchise by transferee.", "text": "No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise ordinance, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee for all purposes.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635299", "number": "§ 8B.03.080", "title": "Legal qualifications of proposed transferee.", "text": "(a) In order to be legally qualified:(1) The applicant must be willing to comply with the provisions of this chapter and applicable laws; and to comply with such requirements of a franchise ordinance as the city may lawfully require.(2) The applicant must not have had any cable system or OVS franchise revoked by the city within three years preceding the submission of the application. If franchisee challenges a revocation, it may not apply while the appeal is pending, or for three years after the final resolution of the appeal if the revocation is valid.(3) The applicant may not have had an application to the city for an initial or renewal cable system franchise denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interest of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application; and may not have had an application for an initial or of the application; and may not have had an application for an initial or renewal OVS franchise denied on any ground within three years of the application.(4) The applicant shall not be issued a franchise if, at any time during the ten years preceding the submission of the application, applicant was convicted of fraud, racketeering, anti-competitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers, or to substantially comply with its obligations.(5) Applicant must have the necessary authority under California and federal law to operate a cable system, or show that it is in a position to obtain that authority.(6) The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.(7) For purposes of Section 8B.03.080(A)(1) through (4), the term applicant includes any affiliate of applicant.(b) Notwithstanding Section 8B.03.080(A), an applicant shall be provided a reasonable opportunity to show that a franchise should issue even if the requirements of Section 8B.03.080(A)(2) through (4) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of a cable system.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635309", "number": "§ 8B.03.090", "title": "Franchise fee.", "text": "A cable system operator shall pay to the city a franchise fee in an amount equal to five percent of gross revenues, or such other amount as may be specified in the franchise ordinance; provided, however, that if the franchise ordinance specifies an amount, that amount shall be subject to increase should federal limits on fee payments be eliminated or changed.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635310", "number": "§ 8B.03.100", "title": "Right to service.", "text": "It is the policy of the city to ensure that every cable system provide service in its franchise area upon request to any person or any government building. Each franchisee shall extend service upon request within its franchise area, provided that, a franchise ordinance may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where such extension or installation may be unduly expensive. Cable service must be provided within time limits specified in Section 8B.05.050(g). If ownership or control of a system is to be transferred, the transferor shall notify subscribers at least thirty days in advance. In addition, no later than sixty days after a transfer has occurred, the transferor shall so notify all subscribers to provide them with the opportunity to terminate their subscriptions.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635311", "number": "§ 8B.03.110", "title": "Technical standards.", "text": "(a) A cable system within the city shall meet or exceed the technical standards set forth in 47 C.F.R. Section 76.601 and any other applicable technical standards as may be amended.(b) Each cable operator shall perform at its expense such tests as may be necessary to show whether or not the franchisee is in compliance with its obligations under applicable FCC standards, this chapter or a franchise ordinance.(c) Each cable operator shall participate in the city's emergency alert system, in accordance with FCC rules and the terms of the operator's franchise ordinance.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635315", "number": "§ 8B.03.120", "title": "Continuity of service.", "text": "Each franchisee shall, during the term of its franchise, ensure that subscribers are able to receive continuous service. In the event the franchise is revoked or terminated, the franchisee may be required to continue to provide service for a reasonable period to assure an orderly transition of service from the franchisee to another person. A franchise ordinance may establish more particular requirements under which these obligations will be satisfied.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635316", "number": "§ 8B.03.130", "title": "Rate regulation.", "text": "The city may regulate any of an operator's rates and charges, except to the extent it is prohibited from doing so by law. The city will regulate rates in accordance with FCC rules and regulations, where applicable. Except to the extent FCC rules provide otherwise, all rates and charges that are subject to regulation, and changes in those rates or charges must be approved in advance. The city manager may take any required steps to file complaints, toll rates, issue accounting orders or take any other steps required to comply with FCC regulations. The city council shall be responsible for issuing rate orders that establish rates or order refunds. A franchisee shall comply with all rate orders issued by the city council pending appeals by the franchisee, unless a stay order has been issued by the FCC.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635317", "number": "§ 8B.03.140", "title": "No discrimination in rates.", "text": "(a) A cable operator shall not discriminate in its rates or charges or by granting undue preferences to any subscriber, potential subscriber, or group of subscribers or potential subscribers; provided, however, that a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of subscribers throughout the franchise area; and a franchisee may offer discounts for the elderly, the disabled, or the economically disadvantaged; and such other discounts as it is expressly entitled to provide under federal law, if such discounts are applied in a uniform and consistent manner.(b) A cable operator shall not deny access or charge different rates to any group of subscribers or potential subscribers because of the income of the residents of the local area in which such group resides.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635320", "number": "§ 8B.03.150", "title": "Public benefits.", "text": "A franchise may include provisions under which a franchisee will construct an institutional network, which may be owned in whole or in part by the city or the franchisee. The city may acquire any portions of an I-Net owned by a franchise pursuant to Section 8B.02.230. A franchise may also include provisions for support of PEG access. Such public benefits constitute part of the rent or compensation paid by a franchisee to the city in return for the right to occupy the public rights-of-way. A franchisee shall not identify the amount, cost, or value of such benefits in any communications with subscribers in any fashion that would mischaracterize the nature or purpose of such benefits. A franchise ordinance may contain specific provisions regarding the valuation, computation or itemization of such benefits.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635321", "title": "OPEN VIDEO SYSTEMS", "number": "8B.04", "url": "https://ecode360.com/44635321", "sha256": "002d3774ad99342627fc3896fc820a822ebd31950f7e6d0ac933e1445dd3c8dd", "exportedArticleSha256": "c3bd150f40cca817741a841c66056fced3819a6353aedf3bac2f240b21f107d0", "sections": [ { "guid": "44635322", "number": "§ 8B.04.010", "title": "Applications for grant or renewal of franchises.", "text": "(a) A written application shall be filed with the city manager for grant of an initial or renewal OVS franchise. To be acceptable for filing, a signed original of the application shall be submitted together with six copies, and any required application fee. The application must conform to any applicable request for proposals, and contain all information required under Section 8B.03.020(B). All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.(b) The city manager may specify the information that must be provided in connection with a request for proposals or an application for an initial or renewal OVS franchise. At a minimum, each application must: identify the applicant, where it plans to construct its OVS, and the OVS construction schedule; show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the OVS; and show that the applicant is financially, technically and legally qualified to construct and operate the OVS.(c) A person may apply for an initial or renewal OVS franchise on its own initiative or in response to a request for proposals. Upon receipt of an application, the city may conduct such investigations as are necessary to consider the application. The city may request such additional information as it deems appropriate. An applicant shall respond to requests for information completely, and within the time directed by the city, and must strictly comply with procedures, instructions, and requirements the city may establish. An application may be rejected if it is incomplete or the applicant fails to follow procedures or respond fully to information requests.(d) Before taking final action on an application, the city shall conduct a public hearing.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635327", "number": "§ 8B.04.020", "title": "Evaluation of application.", "text": "In evaluating an OVS franchise application, the city may consider the following:(a) The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing city OVS franchise;(b) Whether the applicant has the financial, technical, and legal qualifications to hold an OVS franchise;(c) Whether the application satisfies any minimum requirements established by the city for, or will otherwise provide adequate public, educational, and governmental use capacity, facilities, or financial support (including with respect to institutional networks);(d) Whether issuance of an OVS franchise would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way;(e) Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city; and(f) Such other matters as it is required or entitled to consider.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635334", "number": "§ 8B.04.030", "title": "Grant of OVS franchise.", "text": "If the city finds that it is in the public interest to issue an OVS franchise considering the factors above, shall proffer an OVS agreement to applicant, and if applicant is willing to unconditionally accept the terms thereof, and to comply with the requirements of applicable law, including this chapter, it shall issue an OVS franchise.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635335", "number": "§ 8B.04.040", "title": "OVS transfers—Consent required.", "text": "No transfer of an OVS franchise shall occur without prior written notice to the city council, followed by a public hearing and the approval of the city council.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635336", "number": "§ 8B.04.050", "title": "OVS transfer applications.", "text": "(a) An OVS franchisee shall promptly notify the city of any proposed transfer, and submit an application for its approval at least one hundred twenty days in advance of the proposed and anticipated transfer date.(b) The city manager may specify information that must be provided in connection with a transfer application. At a minimum, an application must: describe the persons involved in the transaction and the person that will hold the OVS franchise; describe the chain of ownership before and after the proposed transaction; show that the person that will hold the OVS franchise will be legally, financially, and technically qualified to do so; attach complete information on the proposed transaction, including the contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein; and attach any shareholder reports or filings with the Securities and Exchange Commission (\"SEC\") that discuss the transaction.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635339", "number": "§ 8B.04.060", "title": "Review of transfer applications.", "text": "(a) For the purposes of determining whether it shall consent to a transfer, the city or its agents may inquire into all qualifications of the prospective transferee and such other matters as the city may deem necessary to determine whether the transfer is in the public interest and should be approved, denied, or conditioned. If the transferee or OVS franchisee refuse to provide information, or provide incomplete information, the request for transfer may be denied.(b) In deciding whether a transfer application should be granted, denied or granted subject to conditions, the city may consider the legal, financial, and technical qualifications of the transferee to operate the OVS; whether the incumbent OVS operator is in compliance with its OVS agreement and this chapter and, if not, the proposed transferee's commitment to cure such noncompliance; whether the transferee owns or controls any other OVS or cable system in the city, and whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the city; and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the public, or the city's interest under this chapter, the OVS agreement, or other applicable law.(c) No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the OVS agreement, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee for all purposes. The proposed transferee shall pay all reasonable costs incurred by the city in reviewing and evaluating the applications.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635343", "number": "§ 8B.04.070", "title": "OVS legal qualifications.", "text": "(a) In order to be legally qualified:(1) The applicant must be willing to comply with the provisions of this chapter and applicable laws, and to comply with such requirements of an OVS agreement as the city may lawfully require.(2) The applicant must not hold a cable system franchise, or have pending an application for a cable system franchise.(3) The applicant must not have had any cable system or OVS franchise revoked by the city within three years preceding the submission of the application. If the franchisee challenges a revocation, it may not apply while the appeal is pending, or for three years after the final resolution of the appeal if the revocation is valid.(4) The applicant may not have had an application for an initial or renewal cable system franchise to the city denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application.(5) The applicant may not have had an application for an initial or renewal OVS franchise denied on any grounds within three years of the applications.(6) The applicant shall not be issued an OVS franchise if, at any time during the ten years preceding the submission of the application, applicant was convicted of fraud, racketeering, anti-competitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers, or to substantially comply with its obligations.(7) Applicant must have the necessary authority under California and federal law to operate an OVS, and must be certified by the FCC under Section 653 of the Cable Act as may be amended.(8) The applicant shall not be issued an OVS franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.(9) For purposes of Section 8B.04.070(a)(2) through (6), the term applicant includes any affiliate of applicant.(b) Notwithstanding Section 8B.04.080(a), an applicant shall be provided a reasonable opportunity to show that an OVS franchise should issue even if the requirements of Section 8B.04.080(a)(3) through (6) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of an OVS.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635355", "number": "§ 8B.04.080", "title": "Minimum requirements for OVS operators.", "text": "(a) No OVS operator shall be issued a franchise, or may commence construction of an OVS, until: (1) it agrees to match in all respects the highest PEG obligations borne by any cable system operator in the city; or (2) it agrees to PEG obligations acceptable to the city.(b) Any OVS operator that constructs an I-Net must match in all respects the highest I-Net obligations borne by any cable system operator in the city, unless it agrees to alternative I-Net obligations acceptable to the city.(c) Every OVS Agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the OVS. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.(d) Each OVS operator shall perform at its expense such tests as may be necessary to show whether or not the OVS franchisee is in compliance with its obligations under this chapter or a franchise or an OVS agreement.(e) Every OVS franchisee must satisfy customer service consumer protection requirements established from time to time under state or local law and applicable to OVS.(f) If an OVS franchisee's FCC certification is revoked or otherwise terminates as a result of the passage of time or as a matter of law, the city may revoke the OVS franchise after a hearing. The OVS franchise may also be revoked if federal regulations or statutory provisions governing OVS are declared invalid or unenforceable, or are repealed.(g) The city may regulate an OVS franchisee's rates and charges except as prohibited by law, and may do so by amendment to this chapter, separate ordinance, by amendment to an OVS agreement, or in any other lawful manner.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635363", "number": "§ 8B.04.090", "title": "Fee in lieu of franchise fee paid by OVS franchise.", "text": "In lieu of the franchise fee required by Article 8B.03, an OVS franchisee shall pay to the city a fee of five percent of gross revenues.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635364", "number": "§ 8B.04.100", "title": "Fee in lieu of franchise fee paid by person leasing capacity.", "text": "A person leasing capacity from an OVS operator, other than a person whose revenues are included in the payment made under Section 8B.04.090 shall pay the city a fee in lieu of the franchise fee required by Article 8B.03 of five percent of the gross revenues of such person. For purposes of this section, the term gross revenues means all revenues, whether cash, in-kind or in any other form, of the person leasing capacity, or its affiliates, derived from use of the OVS to provide cable service in the city. Notwithstanding the foregoing, where a person, other than an affiliate, pays an OVS franchisee to use its franchisee's OVS (the \"use payments\"); and that person recovers those use payments through charges to its subscribers that are included in that person's gross revenues; and the OVS franchisee pays a franchise fee on those use charges; then that person may deduct from its gross revenues the use payments it makes.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635365", "title": "CUSTOMER SERVICE STANDARDS", "number": "8B.05", "url": "https://ecode360.com/44635365", "sha256": "31b96446bf00837c9bf8ffd90716a76d739f452762121e409cd83bed12925b6b", "exportedArticleSha256": "54711efefae11dd6723ba18838632bf8c0b592f90ed14e97a5f1ea461dc5132d", "sections": [ { "guid": "44635366", "number": "§ 8B.05.010", "title": "Consumer protection standards in general.", "text": "Each cable system operator must satisfy all FCC and state customer service standards or consumer protection standards, as well as the provisions of this article. In the case of a conflict among standards, the stricter standard shall apply.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635367", "number": "§ 8B.05.020", "title": "Office availability.", "text": "(a) Walk-in hours. Each operator shall maintain at least one office at a convenient location in the city that shall be open for walk-in traffic at least ten hours per day (except legal holidays) Monday through Friday, with some evening hours, and at least five hours on Saturday to allow subscribers to pay bills, drop off equipment and to pick up equipment.(b) Service call hours. Each operator shall perform service calls, installations, and disconnects at least ten hours per day Monday through Saturday, except legal holidays, provided that an operator shall respond to outages twenty-four hours a day, seven days a week.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635370", "number": "§ 8B.05.030", "title": "Telephones.", "text": "(a) Telephone hours. Each operator shall establish a publicly listed local toll-free telephone number. Customer service representatives must answer the phone at least ten hours per day, Monday through Saturday, except legal holidays, for the purpose of receiving requests for service, inquiries, and complaints from subscribers. After such business hours the phone shall be answered so that customers can register complaints and report service problems on a twenty-four hour per day, seven day per week basis, and so that the operator can respond to service outages as required herein.(b) Telephone answering time. Telephone answering time shall not exceed thirty seconds or four rings, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty seconds.(c) Busy signal. Under normal operating conditions customers shall receive a busy signal less than three percent of the time.(d) Meeting standards. Under normal operating conditions, the standards set out in subsections (b) and (c) shall be met ninety percent of the time, measured quarterly. The phrase \"of the time\" refers to the percentage of calls to the operator during normal operating conditions, so that if one thousand calls are received by the operator, nine hundred of those calls must be answered within the time limits specified in subsection (b); and fewer than thirty should receive a busy signal as specified in subsection (c).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635375", "number": "§ 8B.05.040", "title": "Scheduling work.", "text": "(a) Appointments. All appointments for service, installation, or disconnection shall be specified by date. Each operator shall specify a specific time at which the work will be done, and service personnel shall arrive within thirty minutes of the scheduled time. An operator may also, upon request, schedule service installation calls outside normal business hours, for the express convenience of the customer.(b) Rescheduling appointments. If at any time an installer or technician anticipates that he or she will be late for an appointment and believes a scheduled appointment time will be missed, an attempt to contact the customer shall be made and the appointment rescheduled at a time convenient to the customer, if rescheduling is necessary. It is the operator's burden to prove it met the appointment.(c) Missed appointments. The operator shall offer and fully describe to subscribers who have experienced a missed appointment (where the missed appointment was not the subscriber's fault) that the subscriber may choose between the following options:(1) Installation or service call free of charge, if the appointment was for an installation or service call for which a fee was to be charged;(2) One month or a credit equal to one month of the most widely subscribed to service tier free of charge for other appointments; and(3) An opportunity to elect remedies under California Civil Code Section 1722 as may be amended, if applicable.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635382", "number": "§ 8B.05.050", "title": "Service standards.", "text": "(a) Acknowledging service request. Under normal operating conditions, requests for service, repair, and maintenance shall be acknowledged by a trained customer service representative within twenty-four hours, or before the end of the next business day, whichever is earlier.(b) Acknowledging other inquiries. An operator shall respond to all other inquiries (including billing inquiries) within five business days of the inquiry or complaint.(c) Repairing outages. Under normal operating conditions, repairs and maintenance for outages or service interruptions shall be completed within twenty-four hours after the outage or service interruption becomes known to operator where the operator has adequate access to facilities to which it must have access in order to remedy the problem. Each operator shall obtain an emergency repair permit annually from the department of public works.(d) Service problem repairs. Under normal operating conditions, work to correct all other service problems must be begun by the next business day after notification of the service problem, and must be completed within five business days from the date of the initial request.(e) Abnormal operating conditions. When normal operating conditions do not exist, an operator shall complete the work in the shortest time possible.(f) Cancellation of appointments. An operator shall not cancel a service or installation appointment with a customer after the close of business on the business day preceding the scheduled appointment.(g) Time for extension. Except as a franchise otherwise provides, service shall be extended upon request to any person or to any government building in an operator's franchise area: (1) within seven days of the request, where service can be provided by activating or installing a drop; (2) within ninety days of the request where an extension of one-half mile or less is required; or (3) within six months where an extension of one-half mile or more is required.(h) Service upgrades. Requests for additional outlets, service upgrades or other connections (e.g., DMX, VCR, A/B switch) separate from the initial installation shall be performed within seven business days after an order has been placed.(i) Service standards to be met. Under normal operating conditions, the service standards set out in subsections (a) through (h) shall be met at least ninety-five percent of the time, measured on a quarterly basis. The phrase \"of the time\" refers to the number of service requests received by the operator, so that if operator receives one hundred service requests, at least ninety-five of those requests shall be scheduled and/or completed within the time limits specified in subsections (a) through (h).(j) Sufficient service staff required. The failure of the operator to hire sufficient staff or to properly train its staff shall not justify an operator's failure to comply with this provision.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635393", "number": "§ 8B.05.060", "title": "Penalties.", "text": "For each violation of a cable system customer service standard, penalties will be imposed as follows and shall not be charged or passed-through to subscribers:(a) Two hundred dollars for each day of each material breach, not to exceed six hundred dollars for each occurrence of material breach.(b) If there is a subsequent material breach of the same provision within twelve months, four hundred dollars for each day of each material breach, not to exceed twelve hundred dollars for each occurrence of the material breach.(c) If there is a third or additional material breach of the same provision within twelve months of the first, one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635397", "number": "§ 8B.05.070", "title": "Disabled services.", "text": "With regard to subscribers with disabilities, upon subscriber request, each operator shall arrange for pickup and/or replacement of converters or other operator equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635398", "number": "§ 8B.05.080", "title": "Notice to subscribers regarding service.", "text": "An operator shall provide each subscriber at the time service is installed, and annually thereafter, clear and accurate written information:(a) On placing a service call, filing a complaint, or requesting an adjustment (including when a subscriber is entitled to refunds for outages and how to obtain them);(b) Showing the telephone number of the city office responsible for administering the cable television franchise;(c) Providing a schedule of rates and charges (which listing must identify any discounts offered), including, but not limited to, disconnect fees and service downgrade fees, if any; channel positions; services provided; a copy of the service contract, delinquent subscriber disconnect and reconnect procedures; notifying subscribers of the availability of parental control devices, and the conditions under which they will be provided and the cost (if any) charged; and notifying subscribers of the franchisee's privacy policy;(d) Describing conditions that must be met to qualify for discounts;(e) Describing policies related to privacy and confidentiality;(f) Describing any other of the operator's policies in connection with its subscribers; and(g) Describing any discounts, services, or specialized equipment available to subscribers with disabilities; explaining how to obtain them; and explaining how to use any accessibility features.Subscribers shall also be given notice of any material changes in the foregoing at least thirty days before such changes take effect.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635406", "number": "§ 8B.05.090", "title": "City approval of notices and bills.", "text": "The form of all general communications with subscribers, including without limitation, billing statements and notices of customer service policies and procedures shall be subject to city approval. The franchisee shall submit for city approval a copy of all such documents at least thirty days prior to the date of intended distribution to customers. The city response to franchisee's requests for review shall be made within five working days of franchisee's submission, and approval shall not be unreasonably withheld.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635407", "number": "§ 8B.05.100", "title": "Changes in noticed information.", "text": "The operator shall provide the city manager at least sixty days, and all subscribers at least thirty days, written notice of any material changes in the information required to be provided under this article, except that, if federal law establishes a shorter notice period and preempts this requirement, the federal requirement will apply.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635408", "number": "§ 8B.05.110", "title": "Truth in advertising—Usability standards.", "text": "Each operator shall take appropriate steps to ensure that all written operator promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, clearly and accurately discloses price terms. In the case of telephone orders, an operator shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers in advance of taking the order. In addition, one hundred percent of all written materials distributed to subscribers shall be appropriate for reading at the 8th grade level.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635409", "number": "§ 8B.05.120", "title": "Public inspection of file.", "text": "Each operator shall maintain a file open for public inspection containing all notices provided to subscribers under these customer service standards, as well as all promotional offers made to subscribers. The notices and offers shall be kept in the file for at least one year from the date of such notice or promotional offer.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635410", "number": "§ 8B.05.130", "title": "Interruptions of service.", "text": "An operator will provide forty-eight hours prior notice to subscribers and the city before interrupting service for planned maintenance or construction; provided, however, that planned maintenance that does not require more than two hours interruption of service and that occurs between the hours of 1:00 a.m. and 5:00 a.m. will not require such notice to subscribers, and notice to the city must be given no less than twenty-four hours before the anticipated service interruption.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635411", "number": "§ 8B.05.140", "title": "Prorated billing.", "text": "An operator's first billing statement after a new installation or service change will be prorated as appropriate and will reflect any security deposit.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635412", "number": "§ 8B.05.150", "title": "Billing statement.", "text": "(a) Clear billing statement. An operator's billing statement must be clear, concise, and understandable; must itemize each category of service and equipment provided to the subscriber; and must state clearly the charges therefor.(b) Payment due date specified. An operator's billing statement must show a specific payment due date not earlier than the later of:(1) Fifteen days after the date the statement is mailed; or(2) The tenth day of the service period for which the bill is rendered.(c) Late fee. A late fee or administrative fee (collectively referred to below as a \"late fee\") shall not be imposed for payments earlier than twenty-seven days after the due date specified in the bill. In addition, an operator shall not report any delinquency or the imposition of any late fee to any credit agency earlier than twenty-seven days after the due date.(d) Notice of late fee. A late fee shall not be imposed unless the subscriber is provided written notice at least ten days prior to the date the fee is imposed that a fee will be imposed, the date the fee will be imposed and the amount of the fee that will be imposed if the delinquency is not paid. A late fee shall not be imposed unless the outstanding balance exceeds ten dollars. Once a subscriber's account is up to date and any late fee paid, an operator shall immediately notify all credit agencies or other third parties to whom the operator may have provided information regarding the subscriber's past delinquency, and shall take no further action that might penalize or harm the subscriber.(e) Operator's billing errors. Subscribers shall not be charged a late fee or otherwise penalized for any failure by an operator, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. Payments shall be considered timely if postmarked on the due date.(f) Payment by mail or in person. An operator's bill must permit a subscriber to remit payment by mail or in person at the operator's local office.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635421", "number": "§ 8B.05.160", "title": "Credit for service impairment.", "text": "(a) Prorated credit. A subscriber's account shall be credited a prorated share of the monthly charge for the service upon subscriber request if a subscriber is without service or if service is substantially impaired for any reason for a period exceeding one hour during any twenty-four hour period; or automatically if the loss of service or impairment is for twelve hours or longer.(b) Impairment caused by subscriber. An operator need not credit subscriber where it establishes that a subscriber will obtain a refund for a loss of service or impairment caused by the subscriber or by subscriber-owned equipment (not including, for purposes of this section, in-home wiring installed by the operator).", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635424", "number": "§ 8B.05.170", "title": "Billing complaints.", "text": "The operator shall provide an appropriately detailed response to all written billing complaints from subscribers within thirty days of receipt.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635425", "number": "§ 8B.05.180", "title": "Billing refunds.", "text": "Refunds to subscribers shall be issued no later than:(a) The earlier of the subscribers next billing cycle following resolution of the refund request, or thirty days; or(b) The date of return of all equipment to operator, if cable service has been terminated.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635428", "number": "§ 8B.05.190", "title": "Credits for cable service.", "text": "Credits for cable service shall be issued no later than the subscriber's next billing cycle after the determination that the credit is warranted.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635429", "number": "§ 8B.05.200", "title": "Disconnection and downgrades.", "text": "(a) Subscriber termination. A subscriber may terminate service at any time without penalty.(b) Disconnection upon subscriber termination. An operator shall promptly disconnect from the operator's cable system or downgrade any subscriber who so requests. No charges for service may be made after the subscriber requests disconnection. No period of notice before voluntary termination or downgrade of cable service may be required of subscribers by any operator. There shall be no charge for disconnection, except for the collection fee authorized by state law, and any downgrade charges shall conform to applicable law. The notice required by Section 8B.05.080 shall describe the collection fee authorized by state law and the circumstances in which it may apply.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635432", "number": "§ 8B.05.210", "title": "Security deposit.", "text": "Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service shall be returned to the subscriber within thirty days or in the next billing cycle, whichever is later, from the date disconnection or downgrade was requested except in cases where the subscriber does not permit the operator to recover its equipment, in which case the amounts owed shall be paid to subscribers within thirty days of the date the equipment was recovered, or in the next billing cycle, whichever is later.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635433", "number": "§ 8B.05.220", "title": "Disconnection due to nonpayment.", "text": "(a) Disconnection for nonpayment. An operator shall not disconnect a subscriber's cable service for nonpayment unless:(1) The subscriber is delinquent in payment for cable service;(2) A separate, written notice of impending disconnection, postage prepaid, has been sent to the subscriber at least twenty days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice shall identify the names and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the operator who can provide additional information concerning and handle complaints or initiate an investigation concerning the services and charges in question;(3) The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection; and(4) No pending inquiry exists regarding the bill to which operator has not responded in writing.(b) No disconnection if payment made. If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the operator shall not disconnect service. Service may only be terminated on days in which the customer can reach a representative of the operator either in person or by telephone.(c) Reinstating service. After disconnection (except as noted below), upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the operator shall promptly reinstate service.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635441", "number": "§ 8B.05.230", "title": "Disconnection and restoration.", "text": "(a) Disconnection. An operator may immediately disconnect a subscriber if:(1) The subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the operator's cable system;(2) The subscriber is not authorized to receive a service and is receiving it and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or(3) Subscriber-installed or attached equipment is resulting in signal leakage that is in violation of FCC rules.(b) Lawful use of equipment. A subscriber may use or install any equipment on the subscriber's premises, and connect it to the cable system, unless expressly prohibited by law. Installation or use of any such equipment by a subscriber is permitted and an operator shall not disconnect such a subscriber unless the use or installation of the equipment creates grounds for disconnection pursuant to Section 8B.05.0220(a).(c) Restoration of service. After disconnection, the operator shall restore service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and all amounts owed the operator for damage to its cable system or equipment. Provided that, no reconnection fee may be imposed on a subscriber disconnected pursuant to this article if the leakage was the result of the operator's acts or omissions; or in any case unless the operator notifies the subscriber of the leakage at least three business days in advance of disconnection, and the subscriber has failed to correct the leakage within that time.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635448", "number": "§ 8B.05.240", "title": "Operator's property.", "text": "Except as applicable law may otherwise provide, an operator may remove its property from a subscriber's premises within thirty days of the termination of service. If an operator fails to remove its property in that period, the property shall be deemed abandoned unless the operator has been denied access to the subscriber's premises, or the operator has a continuing right to occupy the premises under applicable law.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635449", "number": "§ 8B.05.250", "title": "Deposits.", "text": "An operator may require a reasonable, non-discriminatory deposit on equipment provided to subscribers. Deposits will be placed in an interest-bearing account, and the operator shall return the deposit, plus interest earned to the date the deposit is returned to the subscriber, less any amount the operator can demonstrate should be deducted for damage to such equipment.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635450", "number": "§ 8B.05.260", "title": "Parental control option.", "text": "(a) Without limiting an operator's obligations under federal law, an operator shall provide parental control devices at no charge to all subscribers who request them that enable the subscriber to block the video and audio portion of any channel or channels of programming. An operator shall notify all subscribers in writing of the availability of these devices at the time of initial connection, and at least annually thereafter.(b) To the extent required by federal law, if a grantee plans to provide a premium channel without charge to a subscriber who does not subscribe to such premium channel, the operator shall provide at least thirty days' prior written notice thereof to said subscriber, and upon the subscriber's request, shall block entirely the subscriber's reception of said channel. For purposes of this section, a \"premium channel\" shall mean any pay service offered on a per channel or per program basis, which offers movies rated by the Motion Picture Association as X, NC-17, or R.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635453", "number": "§ 8B.05.270", "title": "Bundled services.", "text": "A franchisee shall offer subscribers the opportunity to subscribe to each service offered by the franchisee on an unbundled basis.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635454", "number": "§ 8B.05.280", "title": "Relief from obligations.", "text": "Notwithstanding the requirements of this article, the city manager is authorized to relieve an operator of its obligations under this article if:(a) The operator shows that there is an alternative standard that is substantially similar to that established by this article;(b) The city manager determines that there is sufficient competition among cable operators that renders application of these standards unnecessary; or(c) In light of the number of customers served by a cable operator, the requirements of this article are, in the city manager's sole discretion, unduly burdensome and there is an alternative way to serve the same interest.The city manager shall inform the city council of any decision to relieve an operator of any obligations.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635458", "title": "MISCELLANEOUS", "number": "8B.06", "url": "https://ecode360.com/44635458", "sha256": "99541e42eda5a71c6c8d2aab7fea9f605db4c0ba5dfd6a77822d4f79dac4d865", "exportedArticleSha256": "27dbfc816921e64ccc1347b84d5a2b6b0089e757af27fd7273126e8238f0dd88", "sections": [ { "guid": "44635459", "number": "§ 8B.06.010", "title": "Severability.", "text": "If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on the franchisee and the city.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635460", "number": "§ 8B.06.020", "title": "Connections to cable system—Use of antennae.", "text": "(a) To the extent consistent with federal law, subscribers shall have the right to attach VCR's, receivers, and other terminal equipment to a franchisee's cable communications system. subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.(b) A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna or satellite dish, or disconnect an antenna or satellite dish except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna or connection to any other multi-channel video provider's system.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635463", "number": "§ 8B.06.030", "title": "Discrimination prohibited.", "text": "(a) A cable communications system operator shall not discriminate among persons or the city or take any retaliatory action against a person or the city because of that person's exercise of any right it may have under federal, state, or local law, nor may the operator require a person or the city to waive such rights as a condition of taking service.(b) A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, age, disability, religion, ethnic background, marital status or sexual orientation. A cable communications system operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.", "history": "(Ord. 2064 § 1, 2001)" }, { "guid": "44635466", "number": "§ 8B.06.040", "title": "Transitional provisions.", "text": "Any person holding an existing franchise for a cable communications system may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; and provided further that, such person shall be subject to the other provisions of this chapter to the extent permitted by law.", "history": "(Ord. 2064 § 1, 2001)" } ] }, { "guid": "44635467", "title": "STATE VIDEO FRANCHISES", "number": "8B.07", "url": "https://ecode360.com/44635467", "sha256": "3fb903a32a8b965d3ee1b0b7cabe5a360b0994d915827b3e80077cfac5178bb7", "exportedArticleSha256": "d00cef86bcf279311ebface30aa3efaee9648276cd637b715f6e5e41dd3f3879", "sections": [ { "guid": "44635468", "number": "§ 8B.07.010", "title": "Purposes and implementation.", "text": "It is the purpose of this chapter to implement within the jurisdictional boundaries of the City of Davis the provisions of the Digital Infrastructure and Video Competition Act of 2006, Assembly Bill 2987 (Ch. 700, Stats. 2006), codified at Public Utilities Code Section 5800, et seq., (the \"Act\"), and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a \"local franchising entity\" or a \"local entity\" as defined in Sections 5830(h) and 5830(k) of the California Public Utilities Code, respectively. Consistent with that purpose, the provisions of this chapter are to be construed in a manner that is consistent with the California Public Utilities Code and the applicable rules of the Commission promulgated thereunder.", "history": "(Ord. 2317 § 1, 2008)" }, { "guid": "44635469", "number": "§ 8B.07.020", "title": "Franchise fee.", "text": "(a) As provided in Section 8B.03.090, the franchise fee established within the city for cable franchises is five percent of gross revenues. Every state franchisee operating within the jurisdictional boundaries of the city shall pay a franchise fee to the city in the amount of five percent of that state franchisee's gross revenues derived from the operation of its network to provide cable or video services within the city.(b) For purposes of this chapter, \"gross revenue\" shall have the meaning set forth in Section 5860 of the California Public Utilities Code.(c) A state franchisee shall remit the franchise fee to the city quarterly, within forty-five days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee. If the state franchisee does not pay the franchise fee when due, the state franchisee shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent. If the state franchisee has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment.", "history": "(Ord. 2317 § 1, 2008)" }, { "guid": "44635473", "number": "§ 8B.07.030", "title": "PEG channels.", "text": "(a) The current cable franchise designates three channels for public, educational and government (PEG) programming. Local franchisees and holders of state franchises under the Act shall provide three PEG channels.(b) All state franchisees shall comply with the provisions of the Act related to PEG channels. Without limiting the foregoing, the PEG channels shall all be carried on the basic service tier. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law and shall provide picture and sound quality and channel accessibility and location equal to, or substantially equal to, that provided by the incumbent cable providers. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the agreement of the local entity unless the change is required by federal law.(c) A state franchise holder shall have three months from the date the city requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay of the incumbent cable operator to take adequate interconnection available, as required by the Act. Any state franchise holder who believes that the designation or provision of PEG channel capacity is technically infeasible, shall provide to the city, in writing, its reasons therefor and its plan for correcting or solving the infeasibility. The city may hold a hearing on the claim of infeasibility and, thereafter, take such action as the city deems proper to require the designation and provision of the PEG channels on the state franchise holder's system.", "history": "(Ord. 2317 § 1, 2008)" }, { "guid": "44635477", "number": "§ 8B.07.040", "title": "PEG channel facilities fee and payments.", "text": "(a) As of December 31, 2006, pursuant to the most recent ordinance granting a franchise renewal, the city was imposing a fee for public, educational and government access (PEG) channel facilities in the amount of eighty-five cents per month, per subscriber. Pursuant to Section 5870(l) of the California Public Utilities Code, every state franchisee operating within the boundaries of the city shall be responsible for a PEG channel facility fee in this same amount, and in accordance with the same procedures imposed upon the local cable operator, until the expiration of the current local cable operator's franchise.(b) The PEG channel facilities fee, imposed as of December 31, 2006, is approximately equivalent to one and one-half percent of gross revenues. As required by Section 5870(n) of the California Public Utilities Code, the city hereby establishes a fee of one and one-half percent of gross revenues for PEG channel facilities capital support. Upon the expiration of the current local cable operator franchise, every state franchisee operating within the boundaries of the city shall pay a PEG support fee in this amount. State franchisees shall remit PEG fees in the same manner as franchise fees, pursuant to Section 8B.07.020. The city shall use the PEG fees consistent with applicable state and federal law. The PEG fee may be shown as a separate line item on the regular bill of each subscriber.(c) As of December 31, 2006, pursuant to the most recent ordinance granting a franchise renewal, the city also imposed on the local cable operator a one-time capital grant of three hundred fifty thousand dollars for PEG equipment and facilities. Pursuant to Section 5870(l) of the California Public Utilities Code, every state franchisee operating within the boundaries of the city shall be responsible for a prorata, per-subscriber share of any outstanding capital grant payments.(d) The PEG channel facilities fee authorized by subsection (b) of this section is hereby reauthorized to the extent required by Section 5870(n) of the California Public Utilities Code. As such, all state franchisees operating within the city whose state franchise is renewed after March 1, 2017 shall continue to collect and remit the PEG channel facilities fee as set forth in this section.", "history": "(Ord. 2317 § 1, 2008; Ord. 2494 § 1, 2017)" }, { "guid": "44635482", "number": "§ 8B.07.050", "title": "Customer service and protection.", "text": "(a) A state franchisee shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this paragraph shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.(b) The city shall enforce, in the manner set forth in the Act, all customer service and protection standards contained in Section 5900 of the Act, including, without limitation, those standards set forth in Section 5900(c). The city is authorized to impose penalties for any material breach of the Act, as set forth herein.(c) The maximum monetary penalties set forth in Public Utilities Code Section 5900 are hereby adopted and enacted as the applicable schedule of penalties for the material breach of the Act, including, but not limited to, Section 5900 of the Act, by a holder of a state franchise, as follows:(1) Five hundred dollars per day for each material breach, not to exceed one thousand five hundred dollars for occurrence of a material breach.(2) If a material breach has occurred and notice has been provided and a fine or penalty has been assessed, any subsequent breach of the same nature within twelve months, shall be subject to a penalty of up to one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.(3) If a third or further material breach of the same nature occurs within those same twelve months, and notice has been provided and a fine or penalty has been assessed, the penalties shall be increased to a maximum of two thousand five hundred dollars for each occurrence of the material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.As used herein, \"material breach\" is defined as set forth in the Act, Public Utilities Code Section 5900.", "history": "(Ord. 2317 § 1, 2008)" } ] }, { "guid": "44635495", "title": "IN GENERAL", "number": "9.01", "url": "https://ecode360.com/44635495", "sha256": "292c9363c8fa9fc738ebe4276dac5ec6921226f4dad9e1a4620ceddadde5260f", "exportedArticleSha256": "bbae8a6ce55565969a18d25bf1daff444d61b4d8b6875431179fc16d84220536", "sections": [ { "guid": "44635496", "number": "§ 9.01.010", "title": "Purposes.", "text": "The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency function of this city with all other public agencies, corporations, organizations, and affected private persons.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635497", "number": "§ 9.01.020", "title": "Definition.", "text": "As used in this chapter \"emergency\" means a disaster situation or condition of extreme peril to life and/or property, resulting from other than a labor controversy, which is or is likely to be beyond local capability to control without assistance from other political entities, as defined in the Emergency Services Act Government Code Section 8550 et seq.,", "history": "(Ord. 1453 § 1)" }, { "guid": "44635498", "number": "§ 9.01.030", "title": "Disaster council membership.", "text": "The Davis disaster council is hereby created and shall consist of the following:(a) The city council; the mayor, who shall be chairperson.(b) The director of emergency services, who shall be vice chairperson.(c) The assistant director of emergency services.(d) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this ordinance.(e) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635504", "number": "§ 9.01.040", "title": "Disaster council powers and duties.", "text": "It shall be the duty of the Davis disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairperson or, in his or her absence from the city or inability to call such meeting, upon call of the vice chairperson.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635505", "number": "§ 9.01.050", "title": "Director and assistant director of emergency services.", "text": "(a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635508", "number": "§ 9.01.060", "title": "Powers and duties of the director and assistant director of emergency services.", "text": "(a) The director is hereby empowered to:(1) Request the city council to proclaim the existence or threatened existence of a \"local emergency\" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.(2) Request the Governor to proclaim a \"state of emergency,\" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency.(3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.(4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them.(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.(6) In the event the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a \"state of war emergency,\" the director is hereby empowered:(A) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;(B) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;(C) To require emergency services of any city officer or employee and in the event of the proclamation of a \"state of emergency\" in the county in which this city is located or the existence of a \"state of war emergency,\" to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties, such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;(D) To requisition necessary personnel or materials of any city department or agency; and(E) To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.(b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the city council.(c) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635523", "number": "§ 9.01.070", "title": "Emergency organization.", "text": "All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 09.01.060 (a)(6)(C) of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the City of Davis.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635524", "number": "§ 9.01.080", "title": "Emergency plan.", "text": "The Davis disaster council shall be responsible for the development of the City of Davis emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635525", "number": "§ 9.01.090", "title": "Expenditures.", "text": "Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Davis.", "history": "(Ord. 1453 § 1)" }, { "guid": "44635526", "number": "§ 9.01.100", "title": "Punishment of violations.", "text": "It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter.(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.", "history": "(Ord. 1453 § 1)" } ] }, { "guid": "44635531", "title": "GENERAL PROVISIONS", "number": "10.01", "url": "https://ecode360.com/44635531", "sha256": "a3c9bacbd7e7a078c2c0dd4b01e08e5da16d535b1f1ccae2e45e08e6d157fc5c", "exportedArticleSha256": "30a7615ea2a348c80ddf2c7f996bdd03790366708ee4732713797642c6ed2129", "sections": [ { "guid": "44635532", "number": "§ 10.01.010", "title": "Findings.", "text": "(a) The fundamental rights of citizens include the right to live unfettered by unlawful discrimination and this right is consistent with the American ideals of individual freedom, liberty and responsibility for one's own actions.(b) The preservation of this right is necessary both for individuals, to be free to live productive, rewarding and satisfying lives, and for society, so it may reap the benefits of the fullest utilization of the capacities and talents of each of its members.(c) It is the responsibility of governments to take action to prevent such discrimination and make provision for redress for those not treated in accordance with the American ideals of justice and fairness.(d) The California Legislature has clearly stated its intent that municipalities have, and should exercise, the responsibility to create civil rights ordinances that extend protections to cover needs and concerns at the local level.(e) Existing state and federal restraints on discrimination are commonly recognized as inadequate to meet the particular problems of discrimination in this community.(f) Unlawful discrimination poses a substantial threat to the health, safety and general welfare of the community, it foments strife and unrest within the community, and to counter such threats is a reasonable exercise of the city's police powers.(g) The city and its citizens have been highly aware of the serious problem of discrimination within its borders, and this has led to extensive community discussion as well as presentation of incidents of discrimination contrary to prevailing community standards.(h) Many community groups exist to report acts of discrimination and deal with them effectively, and such groups have conclusively demonstrated disparate treatment against members of a wide variety of groups.(i) The Davis human relations commission, after holding multiple public hearings and discussions, unanimously recommended to the city council that it draft a comprehensive ordinance to provide remedy to those suffering under discriminatory acts, and the Davis 2000 study committee directed that its final report include a recommendation that discrimination in its various forms will not be tolerated.(j) The city council held its own hearings on the matter, and the combined testimony to the human relations commission, Davis 2000 study committee, and city council shows the acute need for such an ordinance.(k) Various community groups have petitioned the city council for relief, and over six thousand citizens of the city petitioned their city council to enact an ordinance outlawing arbitrary disparate treatment on the basis of sexual orientation in housing, employment and business establishments.(l) An antidiscrimination ordinance is consistent with the caring nature of the Davis community and its citizens, will raise awareness of the issue of discrimination in the city, and act as an effective deterrent to intolerable practices.(m) Such an ordinance can, and should, be enacted in a way that does not imply the superiority of any particular class or lifestyle above another, and does not infringe on other fundamental rights of citizens such as freedom of association, speech and religion.", "history": "(Ord. 1359 § 1; Ord. 2390 § 23, 2012)" }, { "guid": "44635546", "number": "§ 10.01.020", "title": "Policy.", "text": "(a) It is the policy of the city to eliminate intentional discrimination within the city based on race, religion, color, ancestry, age, national origin, physical disability, mental disability, medical condition, gender, marital status, sexual orientation, disability, place of birth, or any other protected class recognized under the law in order to eliminate any special treatment, whether preferential or detrimental to persons in the enumerated classes.(b) This chapter shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons in each of the enumerated classes.", "history": "(Ord. 1359 § 1; Ord. 2390 § 24, 2012)" }, { "guid": "44635549", "number": "§ 10.01.030", "title": "Jurisdiction.", "text": "This chapter shall apply to any:(a) Business establishment located within the city;(b) Business establishment not located in Davis doing business within the city, to the extent of that business activity;(c) Job site within the city;(d) Covered real estate transaction when the real property is located within the city.", "history": "(Ord. 1359 § 1)" }, { "guid": "44635554", "number": "§ 10.01.040", "title": "Definitions.", "text": "As used in this chapter, the following words and phrases shall have the meanings given them in this section, unless the context clearly requires otherwise.Business establishment.Any person, however organized, which furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment which has membership requirements is a business establishment within the meaning of this chapter if its membership requirements consist only of the payment of fees, or consist only of criteria applicable (absent discrimination) to all, or substantially all persons residing within the city.Disability.Any condition or characteristic which renders a person a disabled person as defined herein. For purposes of this chapter, a disabled person is any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded as having such impairment.(1) As used in this definition, the phrase \"physical or mental impairment\" means:(A) Any physiological disease, disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; immunological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term \"physical or mental impairment\" includes, but is not limited to such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.(2) \"Major life activities\"means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.(3) \"Has a record of such an impairment\"means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.(4) \"Is regarded as having an impairment\"means:(A) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;(B) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or(C) Has none of the impairments defined in subsection (b)(1) of this section but is treated by a recipient has having such an impairment.(5) Employment and Housing.(A) With respect to employment, a disabled person is one who with reasonable accommodation, can perform the essential functions of the job in question, but the term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such person from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.(B) With respect to housing or public accommodations, the term \"disabled person\" does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs would cause such person to be a direct threat to property or the safety of others.Nothing in the definition of disability contained in this section shall be construed to afford any protection against discrimination on the basis of a presently existing contagious or infectious disease in excess of the protection provided by state or federal law.Discrimination.Any act, policy, or practice which selects a person or persons for any differential treatment on the basis of race, religion, color, ancestry, age, national origin, physical disability, mental disability, medical condition, gender, marital status, sexual orientation, disability, place of birth, or any other protected class recognized under the law, whether actual or imputed to the victim by the person engaging in the discrimination.(1) Discrimination includes the assertion of an otherwise valid justification for selection as a subterfuge for prohibited discrimination.(2) Discrimination based on age shall mean differential treatment prohibited by the Federal Age Discrimination in Employment Act or the Unruh Civil Rights Act (California Civil Code Section 51 et seq.), but shall not include otherwise lawful discounts or preferences given children, senior citizens or students by business establishments.Dwelling.One room, or a suite of rooms, designed for or used by a person or persons for living and sleeping purposes and having a kitchen or kitchenette and one or more bathrooms.Employer.Any person who employs five or more employees, including any management or supervisory employees, but excluding the owner or owners. Employee does not include any person employed by his or her parents, spouse or child, or any person employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.Person.Any natural person, or a firm, corporation, partnership or other organization or group of persons, however organized, except a public agency. Whenever this chapter refers to discrimination against any person on any of the bases enumerated in Section 10.01.020 and the person is an association or group of persons, person shall mean any member of the association or group.Real estate transaction.The sale, lease, rental or occupancy or any interest or portion of any interest in real property or improvements thereon, and/or the extension of credit, financing, insurance or services in connection with such sale, lease, rental or occupancy, or in connection with repair or improvement of such real property, or a transaction in which credit or financing is sought using real property as collateral.Sexual orientation.Heterosexuality, homosexuality, or bisexuality. The phrase \"sexual orientation\" shall not include conduct which is unlawful under city, state or federal law or regulation.", "history": "(Ord. 1359 § 1; Ord. 1371 § 1; Ord. 2390 §§ 25, 26, 2012)" } ] }, { "guid": "44635577", "title": "EMPLOYMENT", "number": "10.02", "url": "https://ecode360.com/44635577", "sha256": "c2d23095413bcb6bf03c338ebe98e186ba739a55fd3e61b40b50a916d3a6e645", "exportedArticleSha256": "5404e157ec8701db0a8539c2f5531e07c962ceab8ba975781a751f66cdf0525e", "sections": [ { "guid": "44635578", "number": "§ 10.02.010", "title": "Prohibited employment practices.", "text": "No person shall intentionally do any of the following, wholly or partially based upon discrimination:(a) For employers: refuse to hire or discharge; apply differential treatment with regard to compensation, terms, conditions or privileges of employment, including promotion, limitation, segregation or classification of an employee or employees in a way which deprives a person of employment opportunities or otherwise adversely affects the person's status as an employee.(b) For labor organizations: refuse to include a person in membership; exclude or expel any person from membership or otherwise differentially treat any person for seeking the benefits of membership; limit, segregate, or classify its membership, or refuse to refer any person for employment, or otherwise deprive the person of employment opportunities; limit employment opportunities; or do acts which otherwise affect a person's status as an employee or as an applicant for employment.(c) For any employer or labor organization:(1) Treat any person differentially in admission to or employment in any program providing apprenticeship or other training or retraining, including any on-the-job program;(2) Print, publish, advertise, or disseminate, or cause the same, of any notice or advertisement with respect to employment, membership in or any classification or referral for employment or training by any such entity which states that it will engage in a discriminatory employment practice.", "history": "(Ord. 1359 § 1)" }, { "guid": "44635584", "number": "§ 10.02.020", "title": "Employment—Exceptions—Bona fide occupational qualification; seniority systems; personal residences.", "text": "(a) Selection or rejection of an applicant for employment based upon a bona fide occupational qualification is an exception to the prohibitions of Section 10.02.010; provided, that, there is no other less discriminatory means of satisfying the occupational qualification.(b) It shall not constitute discrimination for an employer or labor organization to observe the conditions of a bona fide seniority system or a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the purposes of this chapter.(c) It shall not constitute discrimination for an employer who is a natural person or persons to decline to employ another person for service within or on the premises of the employer's personal residence.", "history": "(Ord. 1359 § 1)" }, { "guid": "44635588", "number": "§ 10.02.030", "title": "Employment—Bona fide occupational qualification—Burden of proof.", "text": "In an action brought pursuant to this chapter, a party asserting that a bona fide occupational qualification justifies otherwise prohibited discrimination shall have the burden of establishing that the challenged act is a bona fide occupational qualification. The person challenging the claim of a bona fide occupational qualification shall then have the burden of establishing, by a preponderance of the evidence, that a less discriminatory means of satisfying the occupational qualification is available, or that the claimed occupational qualification is in fact a subterfuge for prohibited discrimination.", "history": "(Ord. 1359 § 1)" } ] }, { "guid": "44635589", "title": "BUSINESS ESTABLISHMENTS", "number": "10.03", "url": "https://ecode360.com/44635589", "sha256": "341ee91da63dc6854fa9374825965f6f8bbcdd814c6bdae7f3e6c4b6e15c2bf4", "exportedArticleSha256": "98ec20f314f808437b84a6fb14b911513153655a4eaaa19d7bbea21a66b338f3", "sections": [ { "guid": "44635590", "number": "§ 10.03.010", "title": "Business discrimination—Business establishments.", "text": "No person shall intentionally do any of the following, wholly or partially based upon discrimination:(a) Deny full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment;(b) Deny the credit of a business establishment to any person;(c) Make, print, publish, advertise, or disseminate in any way, or cause the same, any notice, statement or advertisement with respect to any business establishment which states that the business establishment engages in or will engage in prohibited discrimination.", "history": "(Ord. 1359 § 1)" } ] }, { "guid": "44635594", "title": "REAL ESTATE TRANSACTIONS", "number": "10.04", "url": "https://ecode360.com/44635594", "sha256": "94112f17cb7bdd8faf9243b979e1fac8e7d714c45a13355c3ffb0e798316c86b", "exportedArticleSha256": "5f838e888dc7fdeaa7b7602e3d4b99e41a5c6be5758530395ce25afd0925505a", "sections": [ { "guid": "44635595", "number": "§ 10.04.010", "title": "Prohibited real estate practices.", "text": "No person shall intentionally, on the basis of discrimination, in whole or in part, do any of the following:(a) Real estate transactions.(1) Interrupt, terminate or fail or refuse to initiate or conduct any real estate transaction,(2) Require different terms for such transaction,(3) Include in any document connected with a real estate transaction a clause requiring or permitting discrimination,(4) Falsely represent that an interest in real property is not available for a real estate transaction in connection therewith;(b) Lending of money, etc.(1) Refuse to lend money, guarantee a loan, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property,(2) Impose different conditions on such financing,(3) Refuse to provide title or other insurance relating to the ownership or use of any interest in real property;(c) Refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;(d) Make, print, publish, advertise or disseminate, in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which states that any unlawful real estate practice as defined in this section will be engaged in.", "history": "(Ord. 1359 § 1)" }, { "guid": "44635607", "number": "§ 10.04.020", "title": "Exceptions—Real estate transactions.", "text": "(a) Nothing in this chapter shall apply to the rental or lease of any portion of a dwelling in which the owner or lessor or any member of his or her family occupies the dwelling, nor shall any such person be prohibited from lawfully advertising his or her preference for such occupancy.(b) Nothing in this chapter shall be construed to permit or require any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.(c) Nothing in this chapter shall prohibit the reservation or preference in rental or sale of a dwelling to a person who is a senior citizen.(d) Nothing in this chapter shall apply to the rental or lease of an occupant's personal residence together with the occupant's personal furnishings for periods of temporary absence of less than one year.(e) Nothing in this chapter shall apply to the rental or lease of a separate dwelling unit or the primary dwelling unit in a single-family home (as defined by Section 40.03.040(e)) where the lessor occupies either of the dwelling units.", "history": "(Ord. 1359 § 1)" } ] }, { "guid": "44635613", "title": "REMEDIES, GENERAL EXEMPTIONS", "number": "10.05", "url": "https://ecode360.com/44635613", "sha256": "8666c33fe0c81afa364839facb958e0c9737bcdcd5ddd5e47414678691201fe9", "exportedArticleSha256": "0470a41b0a9833699c09ff0e64d05786e4575d6a42e928e8edeb602f2810909b", "sections": [ { "guid": "44635614", "number": "§ 10.05.010", "title": "Retaliation prohibited.", "text": "No person shall retaliate against any other person for seeking to enforce the provisions of this chapter, and such retaliation shall be deemed an act of discrimination under this chapter.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635615", "number": "§ 10.05.020", "title": "Exemption—Religious organizations.", "text": "This chapter shall not apply to any bona fide religious organization.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635616", "number": "§ 10.05.030", "title": "Exemption—Affirmative action.", "text": "Nothing in this chapter shall either require or invalidate any affirmative action program or ordinance adopted in compliance with or pursuant to any provision of state or federal law.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635617", "number": "§ 10.05.040", "title": "Exemption—Marital status—Employer rules.", "text": "Nothing in this chapter relating to discrimination on account of marital status shall affect the right of an employer to reasonably regulate the employment of spouses in the same department, division, or facility for reasons of supervision, safety, security, or morale.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635618", "number": "§ 10.05.050", "title": "Civil remedies.", "text": "(a) Any person whose rights are violated pursuant to this chapter may bring a civil action against the person or persons engaging in such violation. Upon a finding of liability, the court shall award actual damages (but not less than two hundred fifty dollars). The prevailing party is entitled to reasonable costs and reasonable attorneys' fees. No punitive or exemplary damages may be awarded pursuant to this chapter.(b) Any person who commits an act in violation of any of the provisions of this chapter may be enjoined therefrom and from future violations by any court of competent jurisdiction in an action for an injunction brought by an aggrieved party either in conjunction with an action for money damages as provided in subsection (a) or as the sole remedy.(c) Any person who believes he or she has been discriminated against in violation of the provisions of this ordinance may file a request to have the human relations commission investigate and mediate his or her complaint. The commission may adopt rules of procedure to accommodate the needs of such investigation and mediation. A complaint to the commission shall not be a prerequisite to filing a civil action under this section, and the findings and conclusions of the commission issued in response to such proceedings shall not be admissible in a civil action.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635622", "number": "§ 10.05.060", "title": "Limitation on action.", "text": "Civil actions under this chapter must be filed within one year of the time which the plaintiff knew or should have known of the defendant's act which plaintiff alleges is a violation of this chapter.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" }, { "guid": "44635623", "number": "§ 10.05.070", "title": "No criminal liability.", "text": "Notwithstanding any other provision of this Code to the contrary, a violation of any of the provisions of this chapter is neither a crime nor an infraction.", "history": "(Ord. 1359 § 1; Ord. 2634 § 7, 2022)" } ] }, { "guid": "44635666", "title": "ENTERTAINMENT PERMITS", "number": "11.01", "url": "https://ecode360.com/44635666", "sha256": "205b4794875987896692250f8927ac8c3a57806476256361b44f586d7ec19315", "exportedArticleSha256": "f9bc8d43b7b9c09db16e791737a874f9a6e79347b26d6df0f71abb3e4f244e96", "sections": [ { "guid": "44635667", "number": "§ 11.01.010", "title": "Purpose and intent.", "text": "This chapter shall be known as the Peter Gonzales Entertainment Permit Ordinance.The city council encourages the development of arts and culture in Davis, and recognizes that many entertainment venues provide a means for such development. The council further recognizes that the variety of entertainment venues in the city provide a rich and diverse social and cultural experience for the residents and visitors of the city alike. The council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.The council hereby finds that the operation of entertainment establishments presents an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly late at night and at closing times, with the attendant adverse health and safety impacts on the surrounding business and residential community.Therefore, it is the purpose of this chapter to regulate the operation of entertainment establishments for the public health, safety and welfare through the issuance of entertainment permits. All permittees will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the city's youth from criminal activity and minimizing disturbances that may occur as a result of the operation of the entertainment.It is also the intent of this chapter to provide options to the city manager and police chief in regulating the variety of businesses and events that provide entertainment. The council finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while protecting the public health, safety and welfare. This approach also would avoid placing unnecessary restrictions on existing establishments with a history of compliance with city laws and requirements.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635668", "number": "§ 11.01.020", "title": "Definitions.", "text": "For purposes of this chapter:ABC licensemeans the license issued by the California Department of Alcoholic Beverage Control.Admission chargemeans any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.City managerincludes the city manager of the City of Davis and his or her designee.Dance and dancingmeans movement of the human body, accompanied by music or rhythm.Disorderly conductmeans any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, obstructing the free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting or the operation of automobile audio systems in a manner that violates Section 24.05.010, General noise prohibition, and such other conduct that constitutes a public nuisance or a violation of law.Entertainment or entertainment establishmentmeans any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including, but not limited to:Entertainment or entertainment establishmentmeans any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including, but not limited to:(a) Presentations by single or multiple performers, such as musical song or dance acts, concerts, live shows, and any other such related activity which may be attended by members of the public or are open or advertised to the public, or occur in a public place;(b) Dancing to live or recorded music;(c) The presentation of recorded music played on equipment which is operated by an employee, agent or contractor of the establishment, commonly known as a \"DJ\" or \"disc jockey.\"Entertainment permitmeans a standard entertainment permit issued pursuant to this chapter, which is not a special event permit.Permitteemeans a person that has been issued a permit as provided in this chapter.Personmeans a person, firm, association, co-partnership, joint venture, corporation, entity, public or private in nature, or organization of any kind.Public agencyincludes the state government; any city, city and county, or county government; and any department, district, division, commission, board, or other agency, which is authorized by law.Public placemeans an area open to the public, or an alley, plaza, park, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment.Reasonable effortsmeans the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this code and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the police of apparent criminal activity, and the taking of any and all additional measures, consistent with sound business judgment, that may be necessary to accomplish the required result.Responsible personmeans the permittee, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.Special eventmeans entertainment conducted on private or residential property where all of the following circumstances exist:(a) The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to this chapter;(b) The person sponsoring or offering the entertainment is not in the business of regularly offering entertainment to the public;(c) Entertainment will only be offered for a limited period of time, not to exceed five consecutive days;(d) The entertainment is not a recurring or regularly scheduled event or celebration.Special event permitmeans a permit issued pursuant to this chapter for a special event.Police chiefincludes the police chief of the City of Davis and his or her designee.Theatermeans any commercial establishment where regular concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some permanent arrangement of seating.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635694", "number": "§ 11.01.030", "title": "Entertainment permit required—Compliance with other laws.", "text": "(a) Unless exempt pursuant to Section 11.01.040, it is unlawful for any person to provide or permit any entertainment that is open to the public, or advertised to the public, or occurs in a public place without an entertainment permit issued pursuant to this chapter.(b) Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this chapter shall obviate the need for, or excuse any noncompliance with, other provisions of the municipal code, building code, fire code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other local, state or federal law or regulation.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635697", "number": "§ 11.01.040", "title": "Exemptions from the permit requirement.", "text": "The following types of entertainment and events are exempt from the permit required by this chapter. An exemption does not relieve any person or entertainment establishment from complying with all other applicable laws, including, but not limited to, those pertaining to noise levels and nuisances contained in Chapter 23 and Chapter 24 of this Code.(a) Entertainment sponsored by any agency of the City of Davis, the County of Yolo, any public or private school, including the University of California Davis, or by any other public agency of the State of California. The leasing or subleasing of the agency's real property to an entertainment establishment does not constitute sponsorship of the entertainment by the public agency;(b) Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, or Little League, whose primary objective is the sponsoring and development of youth activities and child welfare. If the event is a dance, the following requirements must be met:(1) No person eighteen years of age or older may be admitted as a guest, unless such person is a parent or guardian attending as a chaperone, or is a bona fide student at, or member of, the sponsoring agency or organization,(2) No alcoholic beverages may be served, consumed or permitted on the premises,(3) Chaperones are present on the premises at the rate of two adults, who are at least twenty-five years of age, for every fifty guests, and(4) The event must conclude by 12:00 midnight and the premises and the adjoining parking lots must be promptly vacated by all the guests.(c) Entertainment lawfully conducted at any city park, plaza, building or recreational facility pursuant to a use agreement or reservation that is approved by the city;(d) Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment that does not permit dancing or karaoke;(e) Entertainment provided for members and their invited guests at a private club having an established membership when admission is not open to the public. For purposes of this section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, in which membership is by application and regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain;(f) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;(g) Parades;(h) Street performers such as musicians, singers or mimes;(i) Entertainment conducted or sponsored by any religious organization, bona fide club, organization, society or association that is exempt from taxation pursuant to United States Internal Revenue Code Section 501(c)(3); when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association. Written proof of the tax-exempt status shall be provided to the police chief at least seven days before the entertainment occurs;(j) Performances by the students at educational institutions as defined by the California Education Code where such performances are part of an educational or instructional curriculum or program;(k) Entertainment in theaters where no alcohol is allowed or provided;(l) Dance lessons, theatrical and performing arts lessons and student recitals;(m) Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;(n) Fundraisers for a political cause;(o) Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, or guitarist, if a sound amplifier is not utilized during the musical presentation and no admission charge is required to observe or attend;(p) Entertainment conducted in any hotel or motel having in excess of one hundred rentable rooms or suites;(q) Entertainment lawfully conducted at any of the following regulated businesses:(1) \"Bingo,\" regulated under Chapter 7,(2) \"Cardrooms,\" regulated under Chapter 8A. However, if entertainment, other than the playing of cards, is conducted on the premises of any cardroom, such cardroom shall not, by virtue of this provision, be exempt from the permit requirement of this chapter;(r) The normal and customary fitness services provided by an athletic club or fitness center.", "history": "(Ord. 2477 § 2, 2016)" } ] }, { "guid": "44635722", "title": "OPERATION OF ENTERTAINMENT ESTABLISHMENTS", "number": "11.02", "url": "https://ecode360.com/44635722", "sha256": "35725a3f7675f5527bd375a2a1ea7fe8c98073ea5f64823bd799427c6600faad", "exportedArticleSha256": "5dcf4241f68a211f74c3280738b0b76be53b9df9b6af68e347950cac27d030a2", "sections": [ { "guid": "44635723", "number": "§ 11.02.010", "title": "Application of article.", "text": "This article establishes minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the permit requirement of Section 11.01.030. Nothing in this article shall limit the city's authority to impose and enforce permit conditions under Section 11.03.050 requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this article.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635724", "number": "§ 11.02.020", "title": "Hours of operation—Responsible person.", "text": "(a) Except as otherwise provided herein, all entertainment establishments shall be closed to the public and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1st. It is unlawful for any responsible person to fail to abide by these hours of operation.(b) A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635727", "number": "§ 11.02.030", "title": "Disturbing the peace—Disorderly conduct.", "text": "Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Penal Code Section 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635728", "number": "§ 11.02.040", "title": "Intoxicated customers.", "text": "Each responsible person shall make reasonable efforts to prevent the admittance, or remove from the establishment, any obviously intoxicated person. For purposes of this section, a person is \"obviously intoxicated\" when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or mental confusion.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635729", "number": "§ 11.02.050", "title": "Reasonable passageway required.", "text": "It is unlawful for any responsible person to fail to provide a reasonable passageway of at least forty-eight inches in width for ingress and egress through any part of a room of the establishment used by patrons and entertainers.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635730", "number": "§ 11.02.060", "title": "Observation of noise abatement laws required.", "text": "Each responsible person shall obey all laws applicable to noise abatement, including those contained in Chapter 23.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635731", "number": "§ 11.02.070", "title": "Disorderly conduct within fifty feet prohibited.", "text": "Each responsible person shall make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct from occurring within the establishment and within fifty feet of the establishment. The distance shall be measured in a straight line from the property line of the establishment.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635732", "number": "§ 11.02.080", "title": "Orderly dispersal required.", "text": "Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the establishment at closing time, or in the case of a special event, at the conclusion of the event. Where the entertainment occurs within a building or structure, each responsible person shall use reasonable efforts to prevent people from congregating within fifty feet of the establishment in a disorderly fashion. The distance shall be measured in a straight line from the property line of the establishment.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635733", "number": "§ 11.02.090", "title": "Alcoholic beverage on premises.", "text": "It is unlawful for any person to bring an alcoholic beverage onto the premises of an entertainment establishment, or for any responsible person to permit a person to bring an alcoholic beverage onto the premises, unless such action is allowed by the entertainment establishment's ABC license.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635734", "number": "§ 11.02.100", "title": "Police chief authority where there is immediate threat to public safety.", "text": "(a) The police chief may require a permittee or responsible person to close down operations and disperse all patrons for the remainder of its daily operation whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity, including when the business or venue exceeds the maximum allowable posted business or venue occupancy.(b) It is unlawful for any person to fail to comply with any directive issued by the chief of police under authority of subsection (a) of this section.", "history": "(Ord. 2477 § 2, 2016)" } ] }, { "guid": "44635737", "title": "ISSUANCE, RENEWAL, SUSPENSION, MODIFICATION AND REVOCATION OF PERMITS", "number": "11.03", "url": "https://ecode360.com/44635737", "sha256": "a718fdc3fe0d159cc633a209748bd5d3dfc4f930387e015225b8b1d3a5bd2cb2", "exportedArticleSha256": "678e4c74fb546fbc246b971f85fa5d46052d7ff997444a87a46e045ea8c9f6e9", "sections": [ { "guid": "44635738", "number": "§ 11.03.010", "title": "Application of article.", "text": "This article shall apply to the issuance, renewal, suspension, modification or revocation of any permit required by Section 11.01.030.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635739", "number": "§ 11.03.020", "title": "Application for permit—Posting premises.", "text": "(a) Applications for permits, including permits for special events, shall be written by the applicant under penalty of perjury and filed with the police chief on forms prescribed by the police chief, and shall contain the following:(1) The name and permanent address of the applicant, the name and permanent address of any person, business or other entity having at least a ten percent ownership interest in the entertainment establishment, and the name and permanent address of the landlord(s), if any, of the business or premises where the entertainment is to be located;(2) A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;(3) The proposed opening date and hours of operation of the entertainment establishment;(4) For special or limited duration events, the date or dates, hours and location of the proposed entertainment;(5) The proposed security arrangements for the safety and control of patrons;(6) The name or names of the person or persons managing or supervising the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;(7) Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) imposed;(8) Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted, and, if different, the owner(s) of the business or other entity operating the entertainment establishment; and(9) Such other information as the police chief deems necessary for the proper processing and review of the application.(b) The applicant and all responsible persons for a standard entertainment permit shall submit to fingerprinting by the police chief. All applicable LiveScan fees shall be paid for by the applicant and all responsible persons.(c) An application is complete when all the requirements of subsections (a) and (b) of this section have been satisfied, including the return of all LiveScan results, if required, from the Department of Justice. Within three business days of receipt of a complete application, the police chief shall provide to the applicant a notice of application for entertainment permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four hours after receiving the notice and for no less than fourteen consecutive days, or in the case of an application for a special event permit, for a period of no less than forty-eight hours in a location that allows interested members of the public to read the notice.(d) The police chief shall either approve, conditionally approve, or deny an entertainment permit application as follows:(1) For a standard entertainment permit, the police chief shall approve, conditionally approve, or deny the permit within thirty calendar days of receipt of the complete application. The police chief may extend the time for consideration of the application for up to an additional twenty-one calendar days with the written consent of the applicant. The failure of the police chief to timely act shall constitute approval of the permit.(2) For a special event permit, the police chief shall approve, conditionally approve, or deny the permit within ten calendar days of receipt of the completed application. The police chief may extend the time for consideration of the application for up to an additional three working days with the written consent of the applicant. The failure of the police chief to timely act shall constitute approval of the permit.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635755", "number": "§ 11.03.030", "title": "Extended operating hours.", "text": "(a) An applicant for a permit may request, and the police chief may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the police chief, and any conditions relating thereto, shall be specifically stated in the permit.(b) Any entertainment establishment, exempt from the permit requirement under Section 11.01.040, may apply for an entertainment permit under the procedures provided in Section 11.03.020 for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the police chief, and any conditions relating thereto, shall be specifically stated in the permit.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635758", "number": "§ 11.03.040", "title": "Fees.", "text": "(a) The following entertainment permit program fees shall be imposed in amounts established by resolution of the city council:(1) New Permit Fee. Every application for a new entertainment permit must be accompanied by a nonrefundable application fee.(2) Renewal Permit Fee. Every application to renew an entertainment permit must be accompanied by a nonrefundable application fee.(3) Special Event Permit Fees. Every application for an entertainment permit for a special event must be accompanied by a nonrefundable application fee.(4) Inspection Fees.(A) Initial Inspection. Initial inspection of the location where the entertainment is to be conducted shall be done at no charge to the applicant or permittee.(B) Re-Inspection. There is a nonrefundable fee for every inspection after the initial inspection.(C) If an applicant or permittee agrees with the police chief upon a day and time for an inspection and the applicant or permittee fails by act or omission to provide access onto the premises, the failure to provide access to the premises constitutes an inspection for the sole purpose of calculating inspection fees pursuant to this section.(5) Modification Fee. Each permittee may submit up to six modification requests to the police chief during the two-year permit term. Every additional request within the two-year permit term must be accompanied by a nonrefundable modification fee. For the purposes of this subsection only, a request by a permittee to update the responsible persons listed on the permit does not constitute a request to modify the permit.(b) The fees established in this section are in addition to the city's business license tax and any other license or permit fee imposed upon the applicant or permittee by this code or any other law, ordinance or regulation.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635769", "number": "§ 11.03.050", "title": "Investigation of application and issuance of permit.", "text": "(a) The police chief shall conduct a thorough investigation of the application. The police chief shall obtain recommendations and reports from the fire marshal and such other city departments as he or she deems necessary, concerning the application.(b) The police chief shall approve the issuance of the entertainment permit if he or she finds:(1) That issuance of the permit and conduct of the entertainment at the proposed location, as may be conditioned, is consistent with federal, state and local laws, rules, regulations and any existing special permit(s); and(2) That issuance of the permit at the proposed location, as may be conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents; and(3) Neither the applicant or any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of the premises upon which the entertainment activities are conducted; and(4) Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and(5) It does not appear, based upon the information before the police chief, that the applicant has provided false or misleading material information in the application; and(6) That the application is complete; and(7) The applicant does not owe the City of Davis a fee authorized by Section 11.02.040 or an administrative penalty for violation of a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter.(c) Where the police chief does not approve a permit, the police chief shall inform the applicant of the reason(s) for the denial in writing.(d) In issuing the permit, the police chief may impose conditions relating to the operation of the entertainment establishment. Conditions may relate to:(1) The days, hours and location of operation;(2) Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;(3) The number and age of persons allowed on premises;(4) Whether licensed security guards are required, and if so, the minimum number required;(5) Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment and surrounding neighborhood, including conditions relating to the entry or formation of lines by patrons;(6) Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way; or(7) Other matters necessary for public health, safety and welfare.(e) Conditions shall be based on specific facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited city public safety resources and the prevention of public nuisance activity that detracts from the peace and quiet of residential neighborhoods.(f) Conditions shall be listed on, or attached to, the permit.(g) The police chief shall give the permittee an opportunity to review any proposed conditions and the police chief will consider the input of the permittee prior to imposing those conditions.(h) Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the permittee's ABC license. Nothing in this subsection is intended to prevent the police chief from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47 and various club licensed premises) with reasonable conditions placed on the permit to protect the minors from alcohol and other criminal activity.(i) No condition may be imposed pursuant to this chapter that suppresses or regulates speech or expression in any manner contrary to law.(j) Imposition of any particular condition is appealable through the procedures set forth in Section 11.03.100.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635794", "number": "§ 11.03.060", "title": "Display of permits.", "text": "The permit issued pursuant to this chapter shall at all times be posted in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any police or code enforcement officer of the city.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635795", "number": "§ 11.03.070", "title": "Duration of permit.", "text": "(a) Except as provided in subsection (b) of this section and Section 11.03.120, an entertainment permit issued pursuant to this chapter is valid for two years from the date it was issued subject to any conditions or restrictions existing at the time it was issued.(b) A special event permit issued pursuant to this chapter is valid for the term stated in the permit, but in no event for a period greater than one year from the date it was issued.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635798", "number": "§ 11.03.080", "title": "Permits not transferable.", "text": "Permits issued pursuant to this chapter shall not be sold, transferred, or assigned to any other person, entertainment establishment or location. Any such sale, transfer or assignment shall be deemed a voluntary surrender of the permit, and the permit shall thereafter be null and void.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635799", "number": "§ 11.03.090", "title": "Effect of denial.", "text": "If an application for an entertainment permit is denied by the police chief for failure to satisfy the eligibility requirements stated in Section 11.03.050(b)(2), no application for a permit to conduct any entertainment activity at the same location shall be considered by the police chief for a period of one year from the date of denial. If an application for a special event permit is denied by the police chief for failure to satisfy the eligibility requirements stated in Section 11.03.050(b)(2), no application for a special event at the same location shall be considered by the police chief for a period of six months from the date of denial. In addition, if denial of a permit is for failure to satisfy an eligibility requirement stated in Section 11.03.050(b)(4) or (b)(5), the police chief shall not consider any application from the same applicant for a period of one year.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635800", "number": "§ 11.03.100", "title": "Suspension, modification or revocation of permit.", "text": "(a) After notice and an opportunity for a hearing to the permittee as provided in this section, the police chief may suspend, modify or revoke any permit issued pursuant to the provisions of this chapter for any of the following reasons:(1) The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Section 11.03.050(b);(2) The permittee has failed to comply with one or more conditions of the permit;(3) The entertainment has created noise levels that violate the municipal code;(4) The permittee or his or her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;(5) The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the use and enjoyment of neighboring properties;(6) The applicant made a false statement of material fact or omitted a material fact in the application;(7) The entertainment has created or is creating a nuisance;(8) The permittee or any other responsible person has violated any provision of this chapter; or(9) A modification of the permit has been requested by the permittee and the police chief finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon city resources or the surrounding neighborhood.(b) In the event the police chief proposes to suspend, modify or revoke a permit, written notice of the proposed suspension, modification or revocation shall be personally delivered or sent by certified mail to the permittee at least fourteen calendar days prior to the date of the proposed suspension, modification or revocation. The notice shall contain:(1) A brief statement of the specific grounds for such suspension, modification or revocation;(2) A statement that the permittee may appeal the proposed suspension, modification or revocation by submitting a written request for an appeal to the city manager, within ten calendar days of the date of service of the notice;(3) A statement that the failure to timely request an appeal of the proposed suspension, modification or revocation will constitute a waiver of the right to an administrative appeal hearing, and the proposed suspension, modification or revocation will be final.(c) The appeal hearing shall be conducted by the city manager in accordance with Section 11.03.130. The permittee may have the assistance of counsel and shall have the right to present evidence.(1) Failure to properly file a written appeal of the notice of suspension, modification or revocation within ten calendar days of the date of service of the notice will constitute a waiver of the right to an appeal hearing, and the suspension, modification or revocation will be final. Failure to properly and timely appeal the notice of suspension, modification or revocation shall also constitute a failure to exhaust administrative remedies and bar judicial action pertaining to the final decision.(2) If the permittee or counsel for the permittee files a proper appeal and then fails to appear at the hearing, the appeal is abandoned, and the decision of the city manager is final and may not be further appealed. Failure to appear at the hearing constitutes a waiver of all right to an appeal hearing and shall also constitute a failure to exhaust administrative remedies and bar any judicial action pertaining to the city manager's decision.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635818", "number": "§ 11.03.110", "title": "Application for entertainment permit renewal and extension.", "text": "(a) A permittee may apply for an entertainment permit renewal by submitting to the police chief at least fourteen calendar days before the expiration of the permit, a renewal application and a non-refundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 11.03.020.(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.(c) The police chief shall either approve or deny the renewal of a permit within thirty calendar days of receipt of the complete application. The police chief may extend the time for consideration of the application for up to an additional twenty-one calendar days with the written consent of the applicant. The failure of the police chief to timely act shall constitute approval of the renewal of the permit.(d) The police chief shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 11.03.050, and that no permittee or responsible person of the entertainment establishment has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding two years. Notwithstanding an approval for a permit renewal, the police chief may add, delete or modify the permit conditions using the criteria set forth in Section 11.03.050(d).(e) A permit renewed pursuant to this section may be extended for up to two additional years.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635824", "number": "§ 11.03.120", "title": "Appeals.", "text": "Except as provided in Section 11.03.100(c)(1) and (c)(2), any applicant or permittee aggrieved by a decision of the police chief in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in Section 11.03.130.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635825", "number": "§ 11.03.130", "title": "Appeal procedures.", "text": "(a) Appeal to city manager or designee.(1) Any applicant or permittee who desires to appeal a decision of the police chief as specified in Section 11.03.120, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:(A) A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;(B) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;(C) The signatures of all parties named as appellants and their official mailing addresses; and(D) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.(2) Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.(3) Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days. However, if the appeal pertains to a special event permit, the appeal shall be calendared for hearing within seven calendar days.(4) Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal. However, if the appeal pertains to a special event permit, notice of the hearing shall be given at least three calendar days prior to the date of the hearing.(5) Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.(6) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.(7) In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct entertainment during the pendency of any appeal.(b) Hearings—Generally.(1) At the time set for hearing, the hearing officer shall proceed to hear the testimony of the police chief, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.(2) The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.(3) The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.(4) In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.(c) Conduct of hearing.(1) Hearings need not be conducted according to the technical rules relating to evidence and witnesses.(2) Oral evidence shall be taken only upon oath or affirmation.(3) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.(4) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.(5) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.(6) Each party shall have these rights, among others:(A) To call and examine witnesses on any matter relevant to the issues of the hearing;(B) To introduce documentary and physical evidence;(C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;(D) To impeach any witness regardless of which party first called the witness to testify;(E) To rebut the evidence presented against the party; and(F) To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.(7) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.(d) Form and contents of decision—Finality of decision.(1) If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the police chief's decision to deny, suspend, modify, revoke or condition the permit. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the police chief's determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.(2) The city manager's determination of the appeal shall be final.(3) The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.(4) The decision shall be final when signed by the city manager and served as provided in this section.", "history": "(Ord. 2477 § 2, 2016)" } ] }, { "guid": "44635862", "title": "PENALTIES FOR VIOLATION", "number": "11.04", "url": "https://ecode360.com/44635862", "sha256": "c414571a70d407c487bf181b94b4e559b176eb0ac72d09a0baa6bc95760f58b3", "exportedArticleSha256": "fe1ab8883356920ab26487549f768e3a6fa57e06939012117cd20225042ef2b7", "sections": [ { "guid": "44635863", "number": "§ 11.04.010", "title": "Violation—Penalty.", "text": "(a) Any person violating any provision of this chapter, other than Sections 11.02.030, 11.02.040, 11.02.070 and 11.02.080, is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.(b) Any person violating or permitting violation of any provision of this chapter, other than Sections 11.02.030, 11.02.040, 11.02.070 and 11.02.080, for the third time within a six-month period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.(c) Any person violating Section 11.02.030, 11.02.040, 11.02.070 or 11.02.080 of this chapter shall be subject to a civil action and/or administrative penalties pursuant to Chapter 1, Article 1.02.(d) An administrative citation may be issued for any violation of this chapter pursuant to Davis Municipal Code Chapter 1, Article 1.02.(e) As an additional remedy, the violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635869", "number": "§ 11.04.020", "title": "Cumulative remedies, procedures and penalties.", "text": "The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.", "history": "(Ord. 2477 § 2, 2016)" }, { "guid": "44635870", "number": "§ 11.04.030", "title": "Severability.", "text": "The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2477 § 2, 2016)" } ] }, { "guid": "44635872", "title": "IN GENERAL", "number": "12.01", "url": "https://ecode360.com/44635872", "sha256": "6f03ba64abbb77510f7fee5661407b8583487ed3feab200cabf05684a303027a", "exportedArticleSha256": "96cc2dc2722404c10576f9906dc91718e9393c0fd7375984f30a8999cc5c69d8", "sections": [ { "guid": "44635873", "number": "§ 12.01.010", "title": "General municipal election date.", "text": "All elective city offices shall be filled by the city electorate at a general municipal election to be held on the date of the statewide general election on the first Tuesday after the first Monday in November of each even-numbered year.", "history": "(Ord. 1624 § 1; Ord. 2172 § 1, 2005; Ord. 2518 § 12, 2017; Ord. 2564 § 1, 2019; Ord. 2566 § 3, 2019)" }, { "guid": "44635874", "number": "§ 12.01.020", "title": "City council districts established.", "text": "Five city council districts are hereby established in the City of Davis. The boundaries and identifying number of each district shall be as described on the official \"Council District Map\" on file in the office of the city clerk.", "history": "(Ord. 2566 § 3, 2019)" }, { "guid": "44635875", "number": "§ 12.01.030", "title": "Election of members of the city council by district.", "text": "(a) Members of the city council shall be elected \"by district\" as defined in California Government Code Section 34871. A person shall not be eligible to be elected to be a member of the city council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Davis at the time nomination papers are issued to the candidate as provided in Section 10227 of the California Elections Code.(b) Registered voters signing nomination papers or voting for a member of the city council shall be residents of the geographical area making up the district from which the member is to be elected.(c) The terms of the office of each member elected to the city council shall be four years.(d) References in this article to state statutes shall include any amendments thereto and any successor statutes.", "history": "(Ord. 2566 § 3, 2019)" }, { "guid": "44635880", "number": "§ 12.01.040", "title": "Commencement of district elections.", "text": "Commencing with the general municipal election in November of 2020 and thereafter, the voters in Council Districts 2, 3, and 5 shall elect members of the city council by district for full four-year terms. At the general municipal election in 2022 and thereafter, the voters in Council Districts 1 and 4 shall elect members of the city council by district for full four-year terms. No term of any member of the city council that commenced on or prior to the effective date of the ordinance codified in this article shall be affected prior to its expiration date.", "history": "(Ord. 2566 § 3, 2019)" }, { "guid": "44635881", "number": "§ 12.01.050", "title": "Adjustment of council district boundaries.", "text": "(a) The city council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that districts are as equal in population as practicable and in compliance with all applicable provisions of law. The redistricting process shall be conducted in accordance with state law. Any adjustment of district boundaries shall be made by ordinance adopted by the city council.(b) At the time of any annexation of territory to the city, the city council shall designate, by resolution adopted by a vote of at least a majority of the city council, the contiguous district to which the annexed territory shall be a part.", "history": "(Ord. 2566 § 3, 2019; Ord. 2619 § 2, 2022)" } ] }, { "guid": "44635884", "title": "ELECTION CAMPAIGNS", "number": "12.02", "url": "https://ecode360.com/44635884", "sha256": "6f03ba64abbb77510f7fee5661407b8583487ed3feab200cabf05684a303027a", "exportedArticleSha256": "54490290f8218aadc972954607c262187f98bbf14671468f3ed29e36ff2b349c", "sections": [ { "guid": "50076707", "number": "§ 12.02.010", "title": "Intent and purpose.", "text": "The intent and purpose of the city council in enacting these regulations is to:(a) Place realistic and enforceable limits on the amount individuals may contribute to city council candidates in municipal elections to avoid corruption or the appearance of corruption.(b) Prevent the exercise of undue or improper influence, or its appearance, over elected officials by contributors to political campaigns.(c) Inform the public of the sources and objects of campaign contributions and expenditures.(d) Encourage wide participation in municipal elections.", "history": "(Ord. 2684, 3/3/2026)" }, { "guid": "50076712", "number": "§ 12.02.020", "title": "Contribution limitations.", "text": "(a) City Council Candidates. No person shall make and no candidate shall solicit or accept any contribution which would cause the total amount contributed by that person to that candidate, including contributions to all committees controlled by the candidate, to exceed one hundred fifty dollars for any single election.(b) The provisions of this section shall not apply to a candidate's contribution of personal funds to the candidate's campaign.", "history": "(Ord. 2684, 3/3/2026)" }, { "guid": "50076715", "number": "§ 12.02.030", "title": "Electronic campaign statements.", "text": "(a) Whenever any local candidate or committee is required to file campaign statements, that candidate or committee shall file them in an electronic format. The electronic filing serves as the filing of record.(b) In any instance in which the original statement is required to be filed with the Secretary of State and a copy is required to be filed with the City of Davis, the copy shall be submitted as an electronic filing.", "history": "(Ord. 2684, 3/3/2026)" } ] }, { "guid": "44635930", "title": "ADOPTION OF CALIFORNIA FIRE CODE", "number": "13.01", "url": "https://ecode360.com/44635930", "sha256": "713716eb3309e06c93b670f9232d3184cd405c7a7d3396a99308e11fe4d68649", "exportedArticleSha256": "656b8deaeeaad479530aa67ac8c88970bb0d605d3af150d8359ec3d11103270d", "sections": [ { "guid": "44635931", "number": "§ 13.01.010", "title": "Adoption by reference of the California Fire Code.", "text": "(a) The 2025 California Fire Code, as adopted and amended by the California Building Standards Commission in the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, including Chapter 1; Section 308.1.7; Section 311, Section 403.11, Section 503, Section 510, Section 1103.2, Appendix B, Appendix C, Appendix D and Appendix E is hereby adopted by reference.(b) There is one copy of said code on file in the office of the fire chief for use and examination by the public.", "history": "(Ord. 2680, 11/18/2025)" }, { "guid": "44635934", "number": "§ 13.01.020", "title": "Definition of terms.", "text": "Wherever any of the names or terms defined in this article are used in the California Fire Code, each term or name shall have the meaning ascribed to it in this section.\"City of\" or \"the city\" or \"jurisdiction\"shall mean the City of Davis, California. All other names or terms shall apply to the appropriate officer of the City of Davis.\"Corporate counsel\"shall mean the city attorney for the city.\"Fire code official\" or \"chief of the fire prevention division\"shall mean the fire chief or fire marshal of the City of Davis.The terms \"should\" or \"it is recommended\" are intended to be read as mandatory requirements.", "history": "(Ord. 2680, 11/18/2025)" }, { "guid": "44635939", "number": "§ 13.01.030", "title": "Limitation on liability of the city.", "text": "This chapter imposes no liability or responsibility on the city for damages resulting from defective buildings; nor shall the city or any official or employee thereof be held as assuming any liability or responsibility by reason of the inspection authorized by this chapter.", "history": "(Ord. 2680, 11/18/2025)" }, { "guid": "44635940", "number": "§ 13.01.040", "title": "Amendments, deletions and additions to the California Fire Code.", "text": "The 2025 California Fire Code, adopted herein by reference, is hereby amended by the following additions, deletions, and amendments set forth in this section. The section numbers herein reference said Code:(a) CHAPTER 1 - SCOPE AND ADMINISTRATION(1) Section 1.11.2.1.1 #1 is hereby deleted and replaced with the following:1.11.2.1.1 #1 The City of Davis delegates to the Chief Building Official the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 Part 2 of the California Building Code.(2) Section 103.1 is hereby deleted and replaced with the following:103.1 Establishment and duties of Division of Fire Prevention. The Division of Fire Prevention is established in the Fire Department of the City of Davis, under the direction of the Fire Chief. The function of the Division shall be the implementation, administration and enforcement of the provisions of this Code.(3) Section 103.2 is hereby deleted in its entirety without replacement.(4) Section 103.4 is hereby added to read as follows:103.4 Fees for plan checking and inspections. The City Council may, by resolution, establish a schedule of fees to be charged and collected for plan review and inspection services performed. A copy of fee schedules shall be kept in the office of the City Clerk and in the office of the Fire Chief and shall be available for inspection by the public.(b) CHAPTER 3 - GENERAL REQUIREMENTS(1) Section 311.7 is hereby added to read as follows:311.7 Property damaged by fire. The owner, occupant, or other person having under his or her control any property, or materials on a property damaged by fire, shall, when ordered by the fire chief, immediately secure the property against entry or unauthorized access by the public, by boarding up all openings, fencing, barricading, or other appropriate measures. Once written notice has been served with a timeline, all debris and/or damaged materials shall be removed from the property and proof furnished to the fire chief or fire code official that demolition, replacement or repair of all fire damaged structures remaining on the property has been accomplished.(c) CHAPTER 5 - FIRE SERVICE FEATURES(1) Section 503.2.1 is hereby amended to read as follows:503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), exclusive of shoulders and parked vehicles, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). The width of a fire apparatus access road shall be measured from the lip of the gutter. The gutter itself shall not be considered a drivable portion of the roadway.(2) Section 503.2.4 is hereby amended to read as follows:503.2.4 Turning Radius. Fire apparatus access road turns shall have a minimum turning radius of 25-foot inside and 45-foot outside.(3) Section 503.4.2 is hereby added to read as follows:503.4.2 Fire Lanes. The fire chief shall have the authority to designate fire lanes on private property when, in the judgment of the fire chief, it is necessary to keep the location clear and unobstructed. The maintenance of all designated fire lanes shall be the responsibility of the owner of the private property upon which they are located. When required by the Chief, fire lanes shall be indicated as described in Section 22500.1 of the California Vehicle Code, as it may be amended and renumbered from time to time.(4) Section 503.6 is hereby amended to read as follows:503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325 and shall be equipped with a Davis Fire Department approved Knox key override switch. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.(5) Section 505.1 is hereby amended to read as follows:505.1 Address Identification. New and existing buildings (including, but not limited to, suites, dwelling units and apartments) shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with the background and shall be lighted either internally or externally. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall not be less than 6 inches (152.4 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, numbers shall be of a larger approved size to make them more visible from the street or road. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.(6) Section 505.1.1 is hereby added to read as follows:505.1.1 Address naming. New and existing buildings and parcels shall be addressed based upon the street or road closest or adjacent to the direction the main entrance faces as approved and determined by the fire code official.(7) Section 507.5.5 is hereby amended to read as follows:507.5.5 Clear space around hydrants. A 3 foot (914 mm) clear space shall be maintained around the circumference of fire hydrants. In addition, a 90-degree 3 foot arc of clear space shall be maintained from the hydrant to the street or other access way from which fire engines can access the fire hydrant.(d) CHAPTER 9 - FIRE PROTECTION SYSTEMS(1) Section 903.2 is hereby amended to read as follows:903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.1 and Sections 903.2.14 through 903.2.21.(2) Section 903.2.12.1 is hereby added as to read as follows:903.2.12.1 Sprinkler requirements based on area. Automatic fire sprinkler systems are required in every building, except for Group R occupancies, in which the total floor area of all floors is 5,000 square feet or more, or any building 25 feet or more in height from grade plane or any building which is three or more stories regardless of height. Notwithstanding other provisions of this Code, this rule shall be applied to alterations, repairs, additions, and changes of occupancy to existing buildings as follows:a. Where there is no change of occupancy, alterations or repairs not increasing floor area, total height, or number of stories of an existing building may be made without making the entire building comply with this chapter.b. No change shall be made in the character of occupancy or use of any existing building or structure unless the entire building or structure is made to comply with this Chapter.Exception: The character of the occupancy of an existing building may be changed subject to the approval of the Chief Building Official and the Fire Chief, and the building may be occupied for the purposes in other occupancy groups without conforming to all of the requirements of this Chapter or Chapter 8 of the Davis Municipal Code, provided the new or proposed use is not more hazardous, based on life and fire risk, than the existing use.No change in the character of occupancy of a building shall be made without a Certificate of Occupancy, as required by this Code. The Chief Building Official may issue a Certificate of Occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of Chapter 13 Fire Code, and provisions of the California Building Code.(3) Section 905.3.1 is hereby amended to read as follows:905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class I standpipe wet systems shall be installed throughout at each floor where any of the following occur:1. Buildings where the floor level of the highest story is located more than 30 feet (9,144 mm) above the lowest level of fire department vehicle access.2. Buildings that are three (3) or more stories in height.3. Buildings where the floor level of the lowest story is located more than 30 feet (9,144 mm) below the highest level of fire department vehicle access.4. Buildings that are two or more stories below the highest level of fire department vehicle access.Exceptions:1. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:1.1 Recessed loading docks for four vehicles or less.1.2 Conditions where topography makes access from the fire department vehicle to the building to be impractical or impossible.(4) Section 907.2.30 is hereby added to read as follows:907.2.30 Commercial smoke detector limitations. Except where required elsewhere in the Fire Code, installation of smoke detectors for general open space protection in buildings is not required if the building is equipped throughout with a fire sprinkler system.(5) Section 907.6.7 is hereby added to read as follows:907.6.7 Signs. Where a fire alarm control panel is located behind a door or is not easily visible, an approved sign indicating the location of the fire alarm control panel must be provided. The sign shall read \"FACP,\" \"FIRE ALARM ROOM,\" or other approved wording. The lettering shall be a minimum of 3 inches (76.2 mm) in height and shall be of a contrasting color to the background.(6) Section 913.2.3 is hereby added to read as follows:913.2.3 Fire pumps powered by electricity. Fire pumps powered by electricity shall be supplied with an approved means of backup power to ensure operation of the fire pump should electrical service to the fire pump be interrupted.(e) CHAPTER 57 - FLAMMABLE AND COMBUSTIBLE LIQUIDSSection 5704.2.9.6.1 is hereby amended to read as follows:5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in other than \"protected above-ground tanks,\" as defined in NFPA 30, 2024 edition, outside of buildings is prohibited within the entire City limits.(f) CHAPTER 61 - LIQUEFIED PETROLEUM GASESSection 6104.2 is hereby amended to read as follows:6104.2 Maximum capacity within established limits. For the protection of City residents, storage of liquefied petroleum gas shall not exceed an aggregate capacity in any one installation of 2,000-gallon (7,570 L) within the entire City limits.Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.", "history": "(Ord. 2680, 11/18/2025; Ord. 2684, 3/3/2026)" }, { "guid": "44635974", "number": "§ 13.01.050", "title": "Effective date.", "text": "This chapter is enacted pursuant to and in compliance with Health and Safety Code Section 18941.5 and as expressly permitted in Government Code Section 50022.2. For all codes, the effective date of this ordinance codified in this article shall be January 1, 2026.", "history": "(Ord. 2680, 11/18/2025)" }, { "guid": "44635975", "number": "§ 13.01.060", "title": "Finding and declaration.", "text": "As required by the Health and Safety Code of the state of California, the city council finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to said Health and Safety Code are reasonably necessary because of local conditions in that they prescribe local fee schedules and make other changes in said code consistent with a comprehensive fire prevention program for the city.", "history": "(Ord. 2680, 11/18/2025)" }, { "guid": "44635976", "number": "§ 13.01.070", "title": "Severability of chapter.", "text": "If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter, and each section or subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses or phrases be declared invalid.", "history": "(Ord. 2680, 11/18/2025)" } ] }, { "guid": "44635977", "title": "FIREWORKS", "number": "13.02", "url": "https://ecode360.com/44635977", "sha256": "66d4ed69b3f3eeaeb23ab08f2f2a2b9d36ad1d0e63d9556330ce9f7fafc9455f", "exportedArticleSha256": "8aa90b8d9d52851600e9a4e687bd6fa5df211dd8c730b5314b8026391d77c687", "sections": [ { "guid": "44635978", "number": "§ 13.02.010", "title": "Fireworks—Defined.", "text": "The term \"fireworks\" as used in this chapter shall be held to mean firecrackers, rockets, torpedoes, roman candles, toy pistols, toy cannons, detonating canes, blank cartridges, sparklers, squibs and other devices designed and intended for pyrotechnic display.", "history": "(Ord. 2303 § 2, 2007)" }, { "guid": "44635979", "number": "§ 13.02.020", "title": "Fireworks—Manufacture and sale prohibited.", "text": "The manufacture of fireworks and the possession or display of fireworks for sale within the city is prohibited.", "history": "(Ord. 2303 § 2, 2007)" }, { "guid": "44635980", "number": "§ 13.02.030", "title": "Fireworks—Use or discharge prohibited—Exception.", "text": "The use or discharge of fireworks or substances designed and intended for pyrotechnic display within the city is prohibited; provided, that pyrotechnical displays may be authorized by resolution of the city council when under the control of qualified individuals and the time, place and manner of such display is approved by the chief of the fire department.", "history": "(Ord. 2303 § 2, 2007)" } ] }, { "guid": "44635981", "title": "OPEN CAMPFIRES", "number": "13.03", "url": "https://ecode360.com/44635981", "sha256": "4e84794ed97f0acc270a6823ace058a3a04c03166d665960c429f437f3e9b432", "exportedArticleSha256": "14fadeb30c450545b774e9ef2ec1311edd3bd43838dcdac1b0b19b0486902e7e", "sections": [ { "guid": "44635982", "number": "§ 13.03.010", "title": "Definitions.", "text": "Approved fuelshall mean propane, natural gas, charcoal or seasoned logs. Charcoal or logs shall be of a size which can reasonably fit in an outdoor or portable cooking device.Open campfireshall mean the setting, ignition or maintenance of a fire at an outdoor location on public property, excepting parks and open space areas, whether placed or contained in an outdoor or portable cooking device, ring, pit, or otherwise, that is used for cooking, warmth, social gatherings, picnics, recreation and/or similar activities.Outdoor cooking device and portable cooking deviceshall mean a device used primarily or exclusively for cooking; constructed of masonry, metal or stone; whether on wheels or not. Common outdoor cooking devices include, but are not limited to, grills, smokers, burners, camp stoves and camp ovens that use approved fuel.", "history": "(Ord. 2577 § 1, 2020)" }, { "guid": "44635986", "number": "§ 13.03.020", "title": "Open campfires.", "text": "Permit Required. No person shall set, ignite or maintain an open campfire without first obtaining a permit required under this article.", "history": "(Ord. 2577 § 1, 2020)" }, { "guid": "44635987", "number": "§ 13.03.030", "title": "Outdoor/portable cooking devices permit application.", "text": "(a) The police chief shall issue a permit allowing the use of an outdoor or portable cooking device on the condition that the requirements of this article be complied with and that the police chief determines that the use of an outdoor or portable cooking device will not be detrimental to the public health, safety and welfare if the permit is granted. The police chief shall revoke such permit upon a finding that the permittee has failed or refused to comply with any provision of this article.(b) No person under the age of eighteen may obtain a permit.(c) The permit application shall be submitted to the city police department, and the permit shall be obtained prior to the desired use of an open campfire.", "history": "(Ord. 2577 § 1, 2020)" }, { "guid": "44635991", "number": "§ 13.03.040", "title": "Additional requirements.", "text": "(a) Requirements for Permitted Outdoor/Portable Cooking Devices.(1) An outdoor or portable cooking device permit shall only be issued in conjunction with a street use or parade permit. The permit fee shall be included in the street use or parade permit fee. The permittee must obey all provisions of the street use or parade permit;(2) An outdoor or portable cooking device shall be used only with an approved fuel; the burning of yard waste, lumber, leaves, grass, paper, cardboard, unseasoned logs, garbage, refuse, trash or like manner of things is prohibited;(3) An outdoor or portable cooking device shall be used and located only in an area separated from any structure by not less than fifteen feet;(4) An outdoor or portable cooking device shall be used and located only in an area separated from any brush, trees, grasses, weeds, combustibles, and other fire fuel by not less than fifteen feet;(5) An outdoor or portable cooking device shall be constantly tended by a person over the age of eighteen years when in use until the fire is extinguished. A portable fire extinguisher having a minimum rating of 2-A:10-BC or other approved extinguishing agent such as sand, dirt or water in sufficient quantity shall be available for immediate use;(6) No outdoor or portable cooking device shall be used in such a manner as to emit offensive or objectionable smoke or odors or when atmospheric conditions such as wind or other circumstances make such fires hazardous.(b) Exclusions. A permit under the provisions of this article is not needed for an outdoor or portable cooking device used for commercial cooking purposes if the user obeys all laws, regulations and ordinances applicable to the device and the commercial sale of food in the city.", "history": "(Ord. 2577 § 1, 2020)" }, { "guid": "44636000", "number": "§ 13.03.050", "title": "Violation—Penalty.", "text": "(a) Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.(b) Any person violating or permitting violation of any provision of this article for the third time within a six-month period is guilty of a misdemeanor and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.(c) Any person violating any of the provisions of this article shall also be subject to a civil action and/or administrative penalties pursuant to Chapter 1, Article 1.02.(d) An administrative citation may be issued for any violation of this chapter pursuant to Davis Municipal Code Chapter 1, Article 1.02.(e) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.", "history": "(Ord. 2577 § 1, 2020)" } ] }, { "guid": "44636031", "title": "CEQA IMPLEMENTING REGULATIONS", "number": "13A.01", "url": "https://ecode360.com/44636031", "sha256": "daf92afd476a334c5a8993712b4280602afcd80a76242899e04ead533b77f7c5", "exportedArticleSha256": "25b80ec77e7ec70a455e3ffae22171dfc6398114fd878f6b53b975354ed450a9", "sections": [ { "guid": "44636032", "number": "§ 13A.01.010", "title": "Purpose.", "text": "The purpose of this article is to implement the California Environmental Quality Act (CEQA) of the State of California. In particular, this article is intended to meet the requirements for public agency implementing procedures established in Section 15022 of the CEQA Guidelines.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636033", "number": "§ 13A.01.020", "title": "Adoption by reference.", "text": "(a) This article incorporates by reference and adopts the objectives, criteria and procedures for environmental review contained in the CEQA and the CEQA Guidelines, as they are now and as they may subsequently be amended.(b) This article is intended solely to implement the provisions of CEQA and the CEQA Guidelines. To the extent there is any conflict between this article and CEQA or the CEQA Guidelines, the provisions of CEQA and the CEQA Guidelines shall prevail.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636036", "number": "§ 13A.01.030", "title": "Definitions.", "text": "Words used in this article shall have the meaning given them in Section 40.01.020, unless otherwise defined. These definitions are intended to clarify but not replace or negate the definitions used in CEQA, the CEQA Guidelines or other definitions used in the City of Davis Municipal Code.\"CEQA\"means Division 13 of the California Public Resources Code, commencing at Section 21000, as amended from time to time.\"CEQA Guidelines\"means the California Code of Regulations, Title 14, Chapter 3, commencing at Section 15000, as amended from time to time.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636039", "number": "§ 13A.01.040", "title": "Environmental coordinator.", "text": "The environmental coordinator for the City of Davis shall be the community development and sustainability director. Subject to appeal to the applicable decision-making body, the environmental coordinator shall be responsible for carrying out the following functions in implementing and administering these regulations:(a) Interpretation of these regulations and determination of substantial conformance therewith;(b) Determining whether an application is complete, for environmental purposes;(c) Recommending an environmental determination;(d) Making de minimis determinations;(e) Such other functions as may be reasonably required in order to administer these regulations.", "history": "(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)" }, { "guid": "44636045", "number": "§ 13A.01.050", "title": "Public projects (City of Davis as lead agency).", "text": "(a) When the city plans to carry out a nonexempt public project, the responsible department will participate in the environmental review process in a manner similar to that for private project applicants. All environmental documentation shall be prepared by the responsible department (or under the direction of that department), in coordination with the environmental coordinator. This coordination is intended to ensure consistency between the processing of private projects and the processing of public projects.(b) Public projects are not generally subject to mandatory time frames for processing.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636048", "number": "§ 13A.01.060", "title": "Private projects.", "text": "(a) When a private project is subject to discretionary review by the city, the applicant shall complete an environmental information form and any other required information and submit them to the community development and sustainability department.(b) The city encourages early consultation when prudent and feasible. Upon the request of an applicant and prior to filing of an application, the city shall provide for consultation regarding project entitlements, potential alternatives, mitigation measures, and potentially significant effects on the environment. Fees for such early consultation shall be as prescribed by the city council.(c) All costs for the preparation and administration of environmental review for private projects shall be paid by the project applicant.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636052", "number": "§ 13A.01.070", "title": "Other public projects (city as responsible agency or subsequent approval body).", "text": "The City of Davis will follow the provisions in CEQA and the CEQA Guidelines for projects where the city is a responsible agency. As appropriate the environmental coordinator shall prepare comments and may solicit comments from other city departments on projects where the city is a responsible agency. As appropriate, the environmental coordinator may present draft comments to the planning commission or the city council for review and approval.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636053", "number": "§ 13A.01.080", "title": "Other projects (city as commenter).", "text": "(a) If the environmental coordinator believes that a project may have an adverse or beneficial impact on the city, but the city is not a responsible agency, the environmental coordinator may request notice of the project's environmental review and the environmental documents for the purpose of providing comments and/or concerns related to the project. The environmental coordinator may prepare comments on environmental documents submitted to the city for review and on those projects where the environmental coordinator or a city department has reason to believe that the project may have an impact on the city. The environmental coordinator may refer the documents to other departments, the planning commission, or the city council as appropriate.(b) If a city department believes that a project may have an adverse or beneficial impact on the city and would like to receive the environmental documents and/or participate in the environmental review of the project, the department shall notify the environmental coordinator of its interest or concern about the project, and the environmental coordinator may assist the department in providing comments on the project.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636056", "number": "§ 13A.01.090", "title": "Activities exempt from environmental review.", "text": "(a) In addition to those projects specifically enumerated as statutory or categorical exemptions from CEQA, the following projects are exempt from the other provisions of this article under the procedures enumerated below:(1) Non-projects. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA or the provisions of this article.(2) Ministerial projects. The following activities are determined to be ministerial projects exempt from the provisions of CEQA and this article:(A) Building permits issued in accordance with Chapter 8 of this Code;(B) Demolition permits issued in accordance with Chapter 8 of this Code, but not for any structure that has been designated an historical resource in accordance with Article 40.23 of Chapter 40;(C) Grading permits issued in accordance with Article 8.18 of Chapter 8 of this Code;(D) Final maps approved in accordance with Chapter 36 of this Code;(E) Certificates of compliance issued in accordance with Chapter 36 of this Code;(F) Second units on residential properties approved in accordance with Article 40.26 of this Code;(G) Resale permits issued in accordance with Chapter 8 of this Code;(H) Business licenses in accordance with Chapter 19 of this Code;(I) Approval of individual utility services connections and disconnections.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636069", "number": "§ 13A.01.100", "title": "Exemption procedures.", "text": "(a) Preliminary determination of whether a project is exempt shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties. This preliminary determination does not constitute a determination in accordance with the Permit Streamlining Act, Section 65950(a)(4) of the Government Code.(b) Final determination of whether a project is exempt shall be made by the community development and sustainability director, planning commission, city council, or other body taking action on the project. The final determination shall start the timeline for final action on the project in accordance with Government Code Section 65950 (Article 5 of the Permit Streamlining Act).(c) A determination that a project is exempt may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.(d) The environmental coordinator shall determine whether to file a notice of exemption for a project that is approved. Any costs of filing shall be paid by the applicant for a private project.", "history": "(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)" }, { "guid": "44636074", "number": "§ 13A.01.110", "title": "Negative declarations.", "text": "(a) Preliminary determination of whether a negative declaration shall be issued for a project shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties.(b) Final determination of whether a negative declaration shall be issued for a project shall be made by the community development and sustainability director, planning commission, city council, or other body taking action on the project. The final determination shall start the timeline for final action on the project in accordance with Government Code Section 65950 (Article 5 of the Permit Streamlining Act).(c) Notice of a proposed negative declaration shall be provided in accordance with the provisions of CEQA. Notice of a proposed negative declaration may be combined with notice of a public hearing on the project.(d) A determination on a negative declaration may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.(e) The failure of any person or entity to receive notice shall not constitute grounds to invalidate the action on a negative declaration.(f) The environmental coordinator shall file a notice of determination and any de minimus filing for a project that is approved with a negative declaration. Any costs of filing shall be paid by the applicant for a private project.", "history": "(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)" }, { "guid": "44636081", "number": "§ 13A.01.120", "title": "Environmental impact reports.", "text": "(a) Preliminary determination of whether an environmental impact report is required for a project shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties.(b) Early consultation and public review during the scoping process for an EIR are encouraged, particularly for projects which generate a great deal of public interest.(c) Notice of a proposed environmental impact report (EIR) shall be provided in accordance with the provisions of CEQA. Notice of a proposed environmental impact report may be combined with notice of a public hearing on the project.(d) The environmental coordinator shall determine whether a proposed project is of statewide, regional, or area wide significance.(e) Prior to the issuance of any document as a draft or final EIR, administrative review shall occur at the staff level. The city staff shall review the document for approach, substance, accuracy, objectivity, contract compliance, errors or omissions, conformity to regulatory requirements, and to ensure that the draft document ultimately circulated for public and agency review reflects the independent judgment of the city as required by PRC Section 21082. Administrative draft documents are to be retained by the city for the limited time necessary to accomplish the review described above. At the end of that period, the administrative copies are to be returned to the consultant for final editing, or discarded. No administrative draft documents are to be kept in the project files. Administrative draft documents are not a part of the record of proceedings, and are not considered a \"public document\" for the purposes of the Public Records Act or CEQA.(f) A determination on an environmental impact report may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.(g) The failure of any person or entity to receive notice shall not constitute grounds to invalidate the action on an environmental impact report.(h) The environmental coordinator shall file a notice of determination for a project that is approved with an environmental impact report. Any costs of filing shall be paid by the applicant for a private project.", "history": "(Ord. 2167 § 2, 2005)" }, { "guid": "44636090", "number": "§ 13A.01.130", "title": "Additional notices and public review copies.", "text": "In addition to the notices and public review copies that may be required under CEQA and the CEQA Guidelines, the environmental coordinator may provide copies of notices and environmental documents to the public libraries in the city, and the UC Davis library. In addition, a public review copy of notices and environmental documents may be made available at the city community development and sustainability department. The environmental coordinator may provide additional notices or public review copies as the coordinator determines appropriate for any particular project.", "history": "(Ord. 2167 § 2, 2005)" } ] }, { "guid": "44636092", "title": "IN GENERAL", "number": "14.01", "url": "https://ecode360.com/44636092", "sha256": "c36a131ba7d8612ea75a6cd39c7d8e6d808bcc416905ea5614fe4d554f827a84", "exportedArticleSha256": "906779b3c161b98600789d10a1232ef6b17ac06fe89b1b659e2a062470522b43", "sections": [ { "guid": "44636093", "number": "§ 14.01.010", "title": "Purposes of chapter.", "text": "The purposes of this chapter are as follows:(a) To establish a legal framework for the operation of a farmers market on city-owned property;(b) To provide for a flexible system of management over a farmers market that is responsive to public input and acts in the interest of all the residents of Davis;(c) To meet the need for control over space allocation and enforcement of rules for selling at a farmers market; and(d) To ensure that a farmers market is successfully maintained primarily as an outlet for farmers to sell their produce directly to consumers, while allowing for some product diversity in order to better meet the needs of consumers.", "history": "(Ord. 1725; Ord. 2634 § 8, 2022)" }, { "guid": "44636098", "number": "§ 14.01.020", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings given to them by this section, unless the context otherwise requires:Approved seller.A person selling or offering for sale at the market an item or commodity which he or she has:(1) Grown upon land which the person controls, in the case of fruits, nuts, vegetables, other plant products, or other processed agricultural products;(2) Bred, raised, cultivated, or collected, in the case of animal, poultry, viticulture, vermiculture, aqua culture, eggs, honey and bee products;(3) Cooked, canned, preserved, or otherwise significantly treated, in case of prepared foods; or(4) Created, sewn, constructed, or otherwise fashioned from component materials, in the case of crafts.An approved seller must also have an approved application-to-sell on file with the market manager prior to exercising his or her privilege of selling at the market.Employee.Any person, other than a family member as defined in this section, employed by an approved seller at a regular salary or hourly rate, either full- or part-time, but not including any person whose compensation in whole or in the part is based on, or consists of, a commission on sales.Family member.A parent, child, grandparent, grandchild, domestic partner, or another family member who regularly resides in the approved seller's household.Governing board.The board of directors or other ruling committee of the market organization.Market.A farmers market, certified by the Yolo County agricultural commissioner and located on city-owned property, including, where authorized, temporary use of streets and/or parkland.Market manager.A person or persons empowered by the governing board, to implement market policies and directives, and to oversee the operation of the market.Market organization.A non-profit organization or corporation which manages and operates the market, also referred to as the \"Davis Farmers Market Alliance\" or \"DFMA.\"Resale.Any sale other than by an approved seller, or a family member or employee thereof.", "history": "(Ord. 1327 § 1; Ord. 1458 § 1; Ord. 1725; Ord. 2193 § 1, 2005; Ord. 2390 § 31, 2012; Ord. 2634 § 8, 2022)" }, { "guid": "44636111", "number": "§ 14.01.030", "title": "Management.", "text": "(a) Upon permit approval by the city council, the market organization, through its governing board, may manage and operate a farmers market on city-owned property, subject to the following conditions:(1) Registration in the market organization shall be open to all approved sellers on an equal basis upon approval by the DFMA governing board;(2) Registration in the market organization shall not be a prerequisite for selling at the market;(3) At least twenty percent but no more than thirty percent of the positions on the governing board shall be held by representatives of non-farmers. For this purpose, a \"non-farmer representative\" is anyone who is not a qualified seller of certified and/or noncertifiable agricultural products under market rules and regulations. At least half of those positions shall be held by consumer representatives who reside in Davis;(4) The market association shall obtain a business license as the sponsor of the market, in accordance with the provisions of Chapter 19 of this Code;(5) The market's location, hours of operation, and other conditions of use of city property shall be governed by a lease agreement between the city and market organization. Lease terms will be subject to review and approval by the city council.(b) Subject to the conditions in subsection (a) and the other provisions of this chapter, the market organization may:(1) Promulgate rules and regulations for the market pursuant to Section 14.01.040;(2) Issue permits and assign stall spaces for selling at the market;(3) Collect reasonable fees from sellers who utilize the market facilities; and(4) Take any other actions reasonably necessary for the efficient management and operation of the market.", "history": "(Ord. 1725; Ord. 2634 § 8, 2022)" }, { "guid": "44636123", "number": "§ 14.01.040", "title": "Rules and regulations—Limitations on selling.", "text": "(a) The market rules and regulations, when promulgated by the market organization in furtherance of this chapter and not disapproved by the city council after presentation thereto, shall be deemed to be adopted as part of this chapter and shall have the same force and effect as through expressly included.(b) The market rules and regulations shall incorporate the following provisions, which are hereby made a part of this chapter:(1) All sellers must currently have and display at the market all appropriate permits, licenses and certificates, and comply with all applicable federal, state and local laws, ordinances and regulations.(2) No resale is permitted, and only approved sellers may sell at the market, with the following exceptions:(A) A family member or employee may sell for an approved seller, but no commissions may be paid or received in connection with such sales;(B) A certified grower may sell, in accordance with the market rules and regulations, for one other grower who is not a relative, provided that the seller is also selling his or her own produce and displays both grower certificates;(C) Nonprofit organizations, including the market organization, may engage in the resale of items related to or in support of their organizational purposes.(3) Sellers must maintain their stall spaces in a clean and sanitary condition. Each seller shall remove containers, waste, and trimmings before leaving the market. Sellers may not use city trash bins.(c) The market rules and regulations may establish general categories for types of goods sold and may allocate a specific number of stall spaces for each category, subject to the following conditions:(1) A priority system for assigning stall spaces may be based on registration in the market, number of years selling at the market, consumer demand, record of attendance, market commodity mix and compliance with DFMA rules. No priority shall be given on the basis of location of product origin, except that sales of crafts and prepared foods may be limited to those produced in Yolo County and adjacent counties.(2) If sellers with priority have not arrived at the market or notified the market manager of their intended arrival by a cutoff time established by the market manager, all unused stall spaces shall be made available to qualified sellers on a first-come, first-served basis.(3) Nonprofit organizations shall be at the market whenever stall space is available. When nonprofit applicants exceed space available, a waiting list shall be established.(d) The market rules and regulations shall be distributed to each person who applies for a selling permit and shall be prominently displayed at the market.", "history": "(Ord. 1327 § 1; Ord. 1458 § 1; Ord. 1725; Ord. 2193 § 2, 2005; Ord. 2634 § 8, 2022)" }, { "guid": "44636137", "number": "§ 14.01.050", "title": "Permits to sell.", "text": "(a) No person shall sell or offer to sell any item at the market except under the authority of a valid permit approved by the market manager.(b) Permits to use the market facilities shall give a seller the privilege of selling at the market only if the following conditions are met:(1) The seller properly files an application for a permit to sell at the market;(2) The seller complies with all ordinances and rules relating to the use of the market facilities;(3) The seller pays the appropriate stall fees;(4) The seller grants permission for the market manager, or other market organization representative to enter the seller's premises for the reasonable inspection of land, facilities and records, in order to determine whether the seller is in compliance with the permit conditions.", "history": "(Ord. 1725; Ord. 2634 § 8, 2022)" }, { "guid": "44636144", "number": "§ 14.01.060", "title": "Discipline or removal of an approved seller—Appeals.", "text": "(a) A seller may be removed or suspended from any market or have selling privileges in the market conditioned, modified or limited by the market manager or governing board for violations of this chapter.(1) If the market manager or governing board determines that a seller has violated the conditions of the permit to sell or any of the rules or regulations of the market, the market manager may issue a verbal or written warning or may issue a \"notice of proposed suspension.\"(2) Any verbal warning or informal written warning may be followed by written notice of proposed suspension documenting such warning. Such written notice of proposed suspension or modification of selling privileges shall be mailed or personally delivered to the seller within seven days of such verbal warning. The notice shall state the time and place of the governing board hearing on the proposed suspension or other action. Such hearing shall be held no later than thirty days after mailing or personal service of the written notice of proposed suspensions. The market manager shall inform the seller of the reasons for the warning or notice.(3) If the market manager issues a notice of proposed suspension, the seller may appear at the hearing before the governing board at the time and place in the notice. The hearing shall be conducted in accordance with this section and the market rules and regulations.(4) The governing board shall, at the time and place set forth in the notice, hold a hearing on the proposed suspension. At the hearing, the seller shall be entitled to present written or oral evidence and argument as to why the permit should not be suspended. The board shall also consider the testimony of the market manager or designee. The governing board may, in its discretion, continue the hearing once to a future date.(5) If the governing board, after a hearing, determines that the seller has violated the permit conditions or the market rules and regulations, it may suspend the seller's permit for a maximum of ninety days.(6) The governing board, may suspend, for any period deemed appropriate, or revoke the permit of any seller whose permit has been previously suspended. The governing board may revoke registration in the market for serious and repeated violations of state, local laws or market rules and regulations. The governing board may also refer the matter to a governmental agency with jurisdiction over the subject at issue. The governing board shall promptly notify the seller in writing of its decision and the findings of fact supporting the decision.(7) A seller whose permit has been suspended, or a seller, applicant, or member aggrieved by a decision of the governing board, may file a written request with the market manager requesting reconsideration of a determination made by the governing board. The person requesting reconsideration shall file the written request within ten days of the adoption of the governing board determination. If no person files a timely request, the governing board shall not take any action pursuant to this section and the governing board's decision shall be considered final. If a timely request for reconsideration has been filed, at the next available meeting or no later than thirty days from receipt of the request, the governing board shall consider the request for reconsideration and render a decision within ten days. The governing board's decision shall be final.(8) Notwithstanding any other provision in this chapter, if the market manager determines that an immediate suspension of a seller's privilege in the market is necessary to preserve the health, safety or welfare of the market customers, other market sellers, market staff, or the public, the market manager may suspend a seller's permit to sell. Such suspension shall be effective immediately. The market manager shall provide the seller with a notice of suspension stating the date, time and place of the governing board's hearing on the suspension. Thereafter, the hearing procedures detailed above shall be followed.(b) (1) In addition to the provisions of subsections (a) and (b), any person who violates any provisions of this chapter may be deemed guilty of an infraction, punishable by a fine of no more than one hundred dollars for a first violation, two hundred dollars for a second violation within one year, and five hundred dollars for each additional violation within one year.(2) Every day that any such violation continues shall constitute a separate offense.(c) The market organization is authorized to take civil legal action to enforce the requirements of this chapter and the rules and regulations.(d) The remedies provided herein shall not be exclusive, and violation of any provision of this chapter shall be subject to other remedies as may be provided by law.", "history": "(Ord. 1725; Ord. 2193 § 3, 2005; Ord. 2390 § 33, 2012; Ord. 2634 § 8, 2022)" }, { "guid": "44636159", "number": "§ 14.01.070", "title": "Free speech area.", "text": "(a) The market manager shall designate an area, known as the \"Free Speech Area,\" within the market to be set aside and used by any persons and/or organizations desiring to exercise their constitutional rights of speech and assembly. The Free Speech Area shall be proximately located to the market. If the Free Speech Area is full, the market manager shall designate additional proximate areas.(b) The Free Speech Area shall be subdivided into stall spaces of approximately equal size and proportion. Stall spaces shall be numbered sequentially starting with the space or spaces located closest in proximity to the market. Stall spaces within the Free Speech Area shall be assigned by lottery drawing drawn one at a time from all applications submitted by interested persons and/or organizations until all applications submitted have been drawn and assigned a space.(c) The lottery drawing shall be conducted by the market manager in the afternoon one day in advance of each market day. Stall space assignments selected by lottery drawing shall be valid for the market day in which the space is assigned. Persons and/or organizations submitting applications need not be present at the time of the drawing to participate in the lottery. Persons and/or organizations interested in stall spaces within the Free Speech Area shall submit an application to the market manager at least twenty-four hours before the lottery drawing.(d) Lottery drawings shall be open to the public at a date, time and place designated by the market manager provided that written notice of the date, time, and place of said drawing shall be posted at the Free Speech Area and the market manager's office forty-eight hours before the lottery drawing.(e) The written application shall include at least the following information: the name, address and telephone number of persons and/or organizations desiring to execute their rights of speech and assembly.(f) Unassigned stall spaces within the Free Speech Area shall be assigned each market day at the opening of the market on a first-come, first-serve basis to persons and/or organizations not participating in the lottery drawing. Assignment of unassigned stall spaces shall be valid for the market day in which the space is assigned.(g) Individuals and/or organizations assigned a stall space within the Free Speech Area shall complete setup of any displays and/or materials no earlier than two hours prior to the public opening of each market day. All displays and/or materials shall be removed no later than two hours following the public close of each market day. The market manager may remove from the Free Speech Area, at the individual's and/or organization's expense, any and all displays and/or materials set up before or left after the time period prescribed by this paragraph.(h) The market manager retains the right to set reasonable time, place and manner restrictions within the Free Speech Area.", "history": "(Ord. 2058 § 1, 2001; Ord. 2634 § 8, 2022)" } ] }, { "guid": "44636169", "title": "IN GENERAL", "number": "15.01", "url": "https://ecode360.com/44636169", "sha256": "0318031cd4243b52f77e4d3f8b4eaf08ae0259d9ff8a3316f9305ad07f0c93aa", "exportedArticleSha256": "bb65e3f42ab1949d5489fedadc967d47728d1bd4a584dca5a1ba82466ad6e357", "sections": [ { "guid": "44636170", "number": "§ 15.01.010", "title": "Offices of city assessor and city tax collector abolished.", "text": "The offices of city assessor and city tax collector are abolished. All duties performed by the city assessor, other than the assessing of property in the city, and all duties performed by the city tax collector, other than the collection of ad valorem taxes on property that became a lien after July 1, 1963, and the collection of assessments for municipal improvements becoming due and payable on and after July 1, 1963, are hereby transferred to and are to be performed by the city clerk.", "history": "(Ord. 295 § 3)" }, { "guid": "44636171", "number": "§ 15.01.020", "title": "Transfer of certain assessment and tax collection duties to county.", "text": "The assessment and tax collection duties, and the collection of assessments levied for municipal improvements, formerly performed by the city assessor and the city tax collector, are hereby transferred to the assessor and the tax collector of the county for the purpose of assessment and collection of and for ad valorem property taxes that become a lien after July 1, 1963, and the collection of assessments for municipal improvements becoming due and payable on and after July 1,1963.", "history": "(Ord. 295 § 2)" }, { "guid": "44636172", "number": "§ 15.01.030", "title": "Payment of claims, demands, etc.", "text": "(a) Pursuant to Sections 37201 and 37202 of the Government Code of the state, demands against the city for money or damages shall be audited by the city clerk and thereafter submitted to the city council for approval or rejection prior to payment, either separately or in a register of audited demands, and shall have attached thereto an affidavit or certificate of the city clerk certifying as to the accuracy of the demands and the availability of funds for payment thereof; provided, that pursuant to Sections 37207 and 37208 of the Government Code, properly approved and certified payroll warrants need not be audited by the city council prior to payment when such payrolls are included in the register of audited demands presented to the city council at the first meeting after delivery of such warrants; and provided further, that pursuant to Section 37208 of such Government Code, warrants may be drawn and delivered in payment of demands certified or approved by the city clerk as conforming to the detailed authorized expenditures set forth in the city budget, even though such demands and warrants have not been audited by the city council prior to payment, so long as such budgeted paid demands are presented to the city council for ratification and approval in the register of audited demands presented at the first meeting after delivery of such warrants. The provisions of this subsection (a) shall not apply to any claims governed by subsection (b) hereof.(b) Pursuant to Section 935.4 of the California Government Code, or successor legislation, the city manager or designee is hereby authorized to perform all functions of the city council under Title 1, Division 3.6, Part 3 of the California Government Code, Section 900 et seq., or successor legislation, with respect to all claims against the city not exceeding five thousand dollars. Upon the written order of the city manager or designee, the finance director shall cause a warrant to be issued upon the treasury of the city in the amount for which such claim has been allowed, comprised or settled. The city council may, by resolution, require that claims, or some classes of claims, be presented to them prior to disposition for review in open or closed session, as may be appropriate according to the nature of the claim, and the city council may dispose of any such claims as it determines in accordance with said statute, or may leave the same to the city manager for disposition.", "history": "(Ord. 446 § 2; Ord. 1121 § 1; Ord. 1147 § 1)" }, { "guid": "44636175", "number": "§ 15.01.040", "title": "Special gas tax street improvement fund—Created.", "text": "To comply with the provisions of Article 5, Chapter I, Division I of the Streets and Highways Code of the state, with particular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is hereby created in the city treasury a special fund to be known as the special gas tax street improvement fund.", "history": "(Code 1964 § 3-6.01)" }, { "guid": "44636176", "number": "§ 15.01.050", "title": "Special gas tax street improvement fund—Source of money.", "text": "All money received by the city from the state under the provisions of the Streets and Highways Code of the state for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways shall be paid into the special gas tax street improvement fund.", "history": "(Code 1964 § 3-6.02)" }, { "guid": "44636177", "number": "§ 15.01.060", "title": "Special gas tax street improvement fund—Expenditures.", "text": "All money in the special gas tax street improvement fund shall be expended exclusively for the purposes authorized by, and subject to all of the provisions of Article 5, Chapter I, Division I of the Streets and Highways Code of the state.", "history": "(Code 1964 § 3-6.03)" }, { "guid": "44636178", "number": "§ 15.01.070", "title": "Capital outlay fund—Created.", "text": "Under the authority of Sections 53730 through 53737 of the Government Code of the state, there is hereby created in the city treasury a special fund to be known as the capital outlay fund.", "history": "(Ord. 378 § 1)" }, { "guid": "44636179", "number": "§ 15.01.080", "title": "Capital outlay fund—Source of money.", "text": "The city council may in any fiscal year, levy a property tax, not otherwise to exceed the city's taxing limitations, for the purpose of accumulating funds for capital outlay purposes as defined in the Government Code of the state. The city may in any fiscal year also transfer unencumbered surplus funds to the capital outlay fund and may from time to time allocate such other revenues as it deems proper for this purpose.", "history": "(Ord. 378 § 1)" }, { "guid": "44636180", "number": "§ 15.01.090", "title": "Capital outlay fund—Expenditures.", "text": "All money in the capital outlay fund shall be expended exclusively for the purposes authorized by the Government Code of the state and shall be limited to major outlay projects for which funds are required to be accumulated for more than one year. Authorization for the expenditure of such funds shall be made by resolution of the city council.", "history": "(Ord. 378 § 1)" } ] }, { "guid": "44636181", "title": "PURCHASES", "number": "15.02", "url": "https://ecode360.com/44636181", "sha256": "5081a8ae8c511add94a753a5c86038c376cce38b9842a020db629633c8e6fbf9", "exportedArticleSha256": "f171dc802ee650d1e2c5978653ac0720808168e2e5ff76d5098486b2f0f7df7c", "sections": [ { "guid": "44636182", "number": "§ 15.02.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Responsible bid.An offer, submitted by a responsible bidder to furnish supplies, equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids.Responsible bidder.A bidder who submits a responsible bid, and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms.", "history": "(Code 1964 § 2-3.108)" }, { "guid": "44636185", "number": "§ 15.02.020", "title": "Purchasing system adopted; purpose of article.", "text": "A purchasing system is hereby adopted to govern purchases of supplies, services and equipment required by any department of the city, to establish bidding regulations therefor, to provide for the sale of supplies or equipment and to define the authority for the purchasing function. These purchasing procedures are expressly inapplicable to the obtaining of professional services.", "history": "(Code 1964 § 2-3.101; Ord. 1433 § 1)" }, { "guid": "44636186", "number": "§ 15.02.030", "title": "Purchasing officer.", "text": "There is hereby created and established the office of purchasing officer for the city. The city manager shall be the purchasing officer.", "history": "(Code 1964 § 2-3.102)" }, { "guid": "44636187", "number": "§ 15.02.040", "title": "Procedures generally.", "text": "Purchasing procedures are hereby established to be used by the purchasing officer, pursuant to this article.(a) Department heads shall be required to file detailed estimates of future requirements for supplies, services and equipment in time, manner and form as requested by the purchasing officer.(b) Department heads may be authorized by the purchasing officer to purchase or contract for supplies, services and equipment as approved and appropriated by the annual budget process. Reports of such purchases shall be made available to the purchasing officer through the city accounting system, or as the purchasing officer shall direct.(c) Requests for supplies, services and equipment shall be submitted by requisition to the purchasing officer or department heads by authorized employees, unless the department head is not authorized under subsection (b) of this section.(d) Written quotations shall be obtained for prospective purchases of supplies, services, equipment, and sale of personal property, unless:(1) The amount is less than one thousand dollars;(2) Purchase is clearly possible from one source only; or(3) Operational urgency is such that an immediate order must be placed with the nearest capable vendor.(e) Purchases of supplies, services and equipment shall be made only by purchase order.(f) Additional guides, forms and regulations shall be prescribed by the purchasing officer as necessary.", "history": "(Code 1964 § 2-3.103; Ord. 1244 § 1)" }, { "guid": "44636197", "number": "§ 15.02.050", "title": "Procedure for purchases involving more than fifty thousand dollars and certain sales.", "text": "Expenditures exceeding fifty thousand dollars for supplies, services and equipment other than for a public project and the sale of personal property of an estimated value greater than one thousand dollars shall be by written contract pursuant to the following procedures:(a) A notice inviting bids shall be published in a newspaper of general circulation at least once describing the supplies, services, or equipment to be purchased or sold, indicating the date and location of opening of the bids and the location where bid forms and specifications may be secured. Bids shall be solicited also from responsible prospective suppliers or contractors.(b) When deemed necessary by the purchasing officer, bidder's security may be prescribed in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within the period specified in the award of contract, unless the city is responsible for the delay.(c) Sealed bids shall be submitted to the city clerk and shall be identified as bids on the envelopes. Bids shall be opened in public as stated in the public notice. A tabulation of all bids shall be included in the city council minutes.(d) In its discretion, the city council may reject any and all bids and readvertise. In the case that no bids are received, the city council may direct the purchasing officer to proceed in any manner deemed necessary.(e) Contracts shall be awarded by the city council to the lowest bidder, unless it is found by the city council that it would be in the public interest to accept other than the lowest bid due to the differences in quality, materials or services offered in the bid. In the case of tied bids, the city council shall make a decision to award the contract after negotiation with each of the tied bidders.(f) The city council may require that a performance bond be provided before entering into a contract with a successful bidder. The form and amount of the bond shall be described in the notice inviting the bids.", "history": "(Code 1964 § 2-3.104; Ord. 414 § 1; Ord. 603 § 1; Ord. 857 § 1; Ord. 1433 § 2; Ord. 1846 § 1; Ord. 2319, 2008)" }, { "guid": "44636204", "number": "§ 15.02.055", "title": "Professional services—Procedures and contracting authority.", "text": "Purchases of professional services up to fifty thousand dollars may be approved by the city manager. Purchase of professional service exceeding fifty thousand dollars shall be approved by the city council. All such contracts shall be by written contract. The city manager may establish procedures for the acquisition of professional services.", "history": "(Ord. 2417 § 1, 2013)" }, { "guid": "44636205", "number": "§ 15.02.060", "title": "Local vendor preference.", "text": "In computing bids or quotations on all materials, supplies, and services to be purchased by the city, preference may be granted to responsible local vendors by an amount equal to five percent of the net bid. The granting of this vendor's preference shall be based on a determination by the purchasing agent that quantity and quality of the local product is equal to that of the next lowest bidder. This local vendor preference is expressly made inapplicable to bids for public projects, as defined by Public Contracts Code Sections 20161 and 22002.", "history": "(Ord. 1433 § 3)" }, { "guid": "44636206", "number": "§ 15.02.070", "title": "Purchase of recycled products.", "text": "The city shall comply with 14 CCR Sections 18993.3 and 18993.4 and Public Contract Code, Chapter 3.5. Recycled Product Procurement Mandates Pertaining to Local Governments Division 2. Part 3. Chapter 3.5, Sections 22150–22154.(a) Definitions.Recycled product.Goods or materials that meet the requirements identified in Public Contract Code Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form and paper products, and printing and writing paper.Recovered material.Material and byproducts which have been recovered or diverted from the solid waste stream, but such term does not include those materials and byproducts generated from, and commonly reused within, an original process (such as mill broke). This term includes material defined as postconsumer material.Postconsumer material.Postconsumer materials are those recovered materials which have served their intended uses and have been separated and diverted from the solid waste stream for the purposes of collection and recycling. These do not include manufacturing wastes.Mill broke.Trimmings of paper machine rolls.(b) Procurement program for purchase of recycled products.(1) Preference. The city shall purchase recycled products whenever sufficient quantities are readily available and meet the city's specifications. The city shall purchase recycled products that contain the highest percentage of recovered materials, and are produced to the greatest extent with post-consumer materials.All city departments shall establish purchasing practices which maximize the purchase of materials, goods and supplies that are produced from recovered materials, and/or may be recycled or reused when discarded.(2) Promotion. To promote the use of products made from recovered materials, the city, to the extent practicable, shall label applicable products to indicate that they are recycled products.The city shall cooperate with neighboring agencies in an effort to develop a comprehensive, consistent and effective procurement effort intended to stimulate the market for recycled products.(3) Certification of Recovered Material Content. The city shall require the seller to certify in writing on a form prescribed by the city, that the recycled product sold to the city contains the minimum percentage of recovered materials set forth in the city's product specification and shall also specify the percentage of postconsumer materials contained in the product.(4) Annual Status Report. City staff shall prepare and deliver to the city council an annual status report documenting the types, quantities and dollar amounts of recycled products purchased in the previous year, any additions or revisions to the previous year's specifications, and document those instances whereby an exemption, as listed in subsection (e) of this section, was used to purchase something other than the specified recycled product. The report shall also contain the status of the city's efforts to develop markets for recycled products including efforts to establish cooperative procurement programs with other agencies.(c) Product specifications.(1) The city shall review and revise product specifications so as to conform to the following guidelines:(A) Specifications shall not require the use of products made from virgin materials.(B) Specifications shall not exclude the use of recycled products.(C) Specifications shall, whenever possible, clearly identify both the expected performance standard(s) for each particular product, and the specific intended use.(D) Performance standards must be reasonable and not so stringent as to purposely exclude recycled products.(E) A minimum percentage of recovered material content shall be incorporated into each specification when it is known that there are sufficient and readily available supplies of a particular recycled product able to meet the city's specifications.(F) A minimum percentage of postconsumer material content shall be incorporated in each specification when it is known that there are sufficient and readily available supplies of a particular recycled product able to meet the city's specifications.(2) Monitoring and Revising Specifications. City staff shall continually monitor the availability of recycled products so as to create new specifications and revise existing product specifications to reflect the availability of newly marketed products and increases in recovered material content (specifically, increases in the postconsumer material content).(d) Equipment and machinery purchases. The city shall purchase, whenever feasible, equipment and machinery that is compatible with the city's applicable recycled products specifications.(e) Exemptions.(1) If the city finds it is unable to purchase a sufficient supply of a particular specified recycled product, the city may purchase a nonrecycled product until such time as a sufficient supply of the recycled product becomes available.(2) No product shall be purchased that will negatively impact the health and safety of employees and citizens.(3) A nonrecycled product may be substituted for the specified recycled product whenever:(A) A particular piece of equipment or operation is unable to function properly with the material specified. In these instances, the preferred substitute product shall be a recycled product containing the highest percentage of recovered material and postconsumer material that allows the particular piece of equipment or operation to function. The substitution of a nonrecycled product shall be used as the last resort;(B) In cases of operational emergency, the city may purchase products from the nearest capable vendor when the specified recycled product cannot be purchased by the time needed.(4) If the purchase of a recycled product would significantly impact a department's adopted budget, the department shall document the impact and submit the issue to council for policy direction.(f) City consultant contracts. All city contracts for consultant work, requiring the submittal of paper document(s) to the city, shall specify that the submitted document must be produced on recycled paper, when practicable, conforming to the city's specifications. All such documents shall be required to have the front cover labeled in such a way as to identify that the document was produced on recycled paper. Where practicable, the pages of all such documents shall be produced double-sided.(g) Public works contracts. This section shall not apply to public works contracts required to be awarded to the lowest responsible bidder under state law.", "history": "(Ord. 1565 § 1; Ord. 2614 § 1, 2021)" }, { "guid": "44636236", "number": "§ 15.02.080", "title": "Inspection and testing.", "text": "The purchasing officer shall inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require any tests necessary to determine the quality and conformance with specifications.", "history": "(Code 1964 § 2-3.105)" }, { "guid": "44636237", "number": "§ 15.02.090", "title": "Surplus supplies and equipment.", "text": "The purchasing officer shall sell all supplies or equipment which cannot be used for any department or which have become unsuitable for city use, or exchange the same for, or trade the same on, new supplies and equipment. Such sales shall be made pursuant to this article. The purchasing officer may transfer stock or equipment from one department to another department which may have need for and can use it.", "history": "(Code 1964 § 2-3.106)" }, { "guid": "44636238", "number": "§ 15.02.100", "title": "Determination of lowest responsible bidder.", "text": "In addition to price, the lowest responsible bidder will be determined after the following factors have been considered:(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;(b) Whether the bidder has the facilities and financial ability to perform the contract or provide the service promptly, or within the time specified, without delay or interference;(c) The character, integrity, reputation, judgment, experience and efficiency of the bidder;(d) The bidder's record of performance of previous contracts or services;(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;(f) The quality, availability and adaptability of the supplies, equipment or services to the particular use required;(g) The number and scope of conditions attached to the bid.", "history": "(Code 1964, 8 2-3.108; Ord. 2634 § 9, 2022)" }, { "guid": "44636246", "number": "§ 15.02.110", "title": "Right of city council to make or execute contracts or purchases.", "text": "Nothing contained in this article shall be construed to alter, limit or affect the right of the city council to make or execute contracts or purchases as otherwise permitted by law.", "history": "(Code 1964 § 2-3.109; Ord. 2634 § 9, 2022)" }, { "guid": "44636247", "number": "§ 15.02.120", "title": "Exceptions.", "text": "Sections 15.02.040, 15.02.050 and 15.02.100 shall not apply to the purchase of supplies, services, and equipment under the following circumstances:(a) When such supplies, services, or equipment are unique because of their quality, durability, availability, or fitness for a particular use and, it is determined by the city manager, that it is in the city's best interests to suspend the purchasing procedures for the purchase or contract;(b) When it is determined by the city manager that the supply, service, or equipment can only be obtained from one vendor;(c) When it is determined by the city manager that it is in the city's best interests to procure the supplies, services, or equipment through a cooperative purchasing program, such as programs through other governmental jurisdictions and public agencies, or cooperative purchasing organizations including, without limitation, the California Multiple Award Schedule (CMAS), the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, OMNIA Partners, and the Western States Contracting Alliance (WSCA);(d) When it is determined by the city manager that the procurement and purchase of the supply, service, or equipment is subject to federal, state, or local grant funding requirements; or(e) When it is determined by the city manager that it is in the city's best interests to procure the supplies, services, or equipment through a state, federal, or non-profit grant process.", "history": "(Ord. 2586 § 1, 2020; Ord. 2634 § 9, 2022)" } ] }, { "guid": "44636253", "title": "SALES AND USE TAX", "number": "15.03", "url": "https://ecode360.com/44636253", "sha256": "cb6b48522a44aa29245f5cbf30c228bf927ebccdca8d4b287ea19c646da22b94", "exportedArticleSha256": "a27e7f56a3854ebe0bf788dfb5f5366112e9809f31862dd0381ce9077b50fed0", "sections": [ { "guid": "44636254", "number": "§ 15.03.010", "title": "Rate.", "text": "The rate of sales tax and use tax imposed by these regulations shall be one percent.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636255", "number": "§ 15.03.020", "title": "Operative date.", "text": "This article shall be operative on January 1, 1974.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636256", "number": "§ 15.03.030", "title": "Purpose of article.", "text": "The city council hereby declares that this article is adopted to achieve the following, among other, purposes and directs that the provisions hereof be interpreted in order to accomplish those purposes.(a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;(b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code.(c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the state board of equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the state board of equalization in administering and collecting the state sales and use taxes.(d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this article.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636261", "number": "§ 15.03.040", "title": "Contract with state.", "text": "Prior to the operative date this city shall contract with the state board of equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; provided, that if this city shall not have contracted with the state board of equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this article.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636262", "number": "§ 15.03.050", "title": "Sales tax generally.", "text": "For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in Section 15.03.010 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636263", "number": "§ 15.03.060", "title": "Place of sale.", "text": "For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state board of equalization.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636264", "number": "§ 15.03.070", "title": "Use tax generally.", "text": "An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated in Section 15.03.010 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636265", "number": "§ 15.03.080", "title": "Adoption of state law provisions.", "text": "Except as otherwise provided in this article and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this article as though fully set forth herein.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636266", "number": "§ 15.03.090", "title": "Limitations on adoption of state law.", "text": "In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word \"state\" is used as part of the title of the state controller, the state treasurer, the state board of control, the state board of equalization, the state treasury or the Constitution of the state; the substitution shall not be made when the result of that substitution would require action to be taken by or against the city or any agency thereof rather than by or against the state board of equalization, in performing the functions incident to the administration or operation of this article; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use of other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of that Code; the substitution shall not be made in Section 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word \"state\" in the phrase \"retailer engaged in business in this state\" in Section 6203 or in the definition of that phrase in Section 6203.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636267", "number": "§ 15.03.100", "title": "Additional permit not required.", "text": "If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this article.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636268", "number": "§ 15.03.110", "title": "Exclusions and exemptions.", "text": "(a) The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city, in this state shall be exempt from the tax due under this article.(c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government.(d) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax.(e) This section shall become operative on January 1, 1984.", "history": "(Ord. 678 § 2; Ord. 681 § 2; Ord. 1256 § 1)" }, { "guid": "44636274", "number": "§ 15.03.120", "title": "Exclusions and exemptions.", "text": "(a) The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state shall be exempt from the tax due under this article.(c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed by such operators principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes.(d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax.(e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government.(f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax.(g) This section shall supersede Section 15.03.110 and be operative on the operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 as those subdivisions read on October 1, 1983.", "history": "(Ord. 1256 § 2)" }, { "guid": "44636282", "number": "§ 15.03.130", "title": "Exclusions and exemptions—Additional.", "text": "(a) The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county or city in this state shall be exempt from the tax due under this article.(c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes.(d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax.(e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government.(f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government is exempted from the use tax.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636289", "number": "§ 15.03.140", "title": "Applicability of provisions relating to exclusions and exemptions.", "text": "(a) Section 15.03.130 shall become operative on January first of the year following the year in which the state board of equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 15.03.110 shall become inoperative.(b) In the event that Section 15.03.130 becomes operative and the state board of equalization subsequently adopts an assessment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 15.03.110 shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 15.03.130 shall be inoperative until the first day of the month following the month in which the board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 10-20.11 shall again become operative and Section 10-20.10 shall become inoperative.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636292", "number": "§ 15.03.150", "title": "Adoption of state law amendments.", "text": "All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this article.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636293", "number": "§ 15.03.160", "title": "Enjoining collection forbidden.", "text": "No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this article or Part 1.5 of Division 2 of the Revenue and Taxation Code, or any tax or any amount of tax required to be collected.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636294", "number": "§ 15.03.170", "title": "Violation—Penalties.", "text": "Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months or by both such fine and imprisonment.", "history": "(Ord. 678 § 2; Ord. 681 § 2; Ord. 2390 § 34, 2012)" }, { "guid": "44636295", "number": "§ 15.03.180", "title": "Severability.", "text": "If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. This article is to take effect immediately, pursuant to Section 36937(d), the same being an ordinance relating to taxes for the usual and current expenses of the city.", "history": "(Ord. 678 § 2; Ord. 681 § 2)" }, { "guid": "44636296", "number": "§ 15.03.190", "title": "Suspension of existing sales and use tax regulations.", "text": "At the time this article goes into operation, the existing provisions of Chapter 15.03 shall be suspended and shall not again be of any force or effect until and unless for any reason the State Board of Equalization ceases to perform the functions incident to the administration and operation of the sales and use tax hereby imposed; provided, that if for any reason it is determined that the city is without power to adopt this article, or that the State Board of Equalization is without power to perform the functions incident to the administration and operation of the taxes imposed by this article, the existing provisions of Chapter 15.03 shall not be deemed to have been suspended, but shall be deemed to have been in full force and effect at the rate of one percent continuously from and after October 1, 1957. Upon the ceasing of the State Board of Equalization to perform the functions incident to the administration and operation of the taxes imposed by this article, the existing provisions of Chapter 15.02 shall again be in full force and effect at the rate of one percent. Nothing in this article shall be construed as relieving any person of the obligation to pay to the city any sales and use tax accrued and owing by the reason of the provisions of Chapter 15.03 in force and effect prior to and including September 30, 1957.", "history": "(Code 1964 § 3-403; Ord. 681 § 1)" }, { "guid": "44636297", "number": "§ 15.03.200", "title": "Credit for taxes due to redevelopment agency of the city.", "text": "Any person subject to a sales and use tax under the provisions of this article shall be entitled to credit against the payment of taxes due under this article the amount of sales and use taxes due to the redevelopment agency of the city pursuant to Section 7202.6 of the Revenue and Taxation Code of the state.", "history": "(Ord. 1636 § 2)" } ] }, { "guid": "44636298", "title": "REAL PROPERTY TRANSFER TAX", "number": "15.04", "url": "https://ecode360.com/44636298", "sha256": "dbe3e52fc47305600c798e3b27ee07a568253440e3b86c852552054116a8b182", "exportedArticleSha256": "fa7be7a818d2e9dfc882fadfe819e20973041216be329ba19411785a46950993", "sections": [ { "guid": "44636299", "number": "§ 15.04.010", "title": "Levied—Amount.", "text": "There is hereby imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or any other person by his or her direction, when the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrances remaining thereon at the time of sale, exceeds one hundred dollars, a tax at the rate of twenty-seven and one-half cents for each five hundred dollars or fractional part thereof.", "history": "(Code 1964 § 3-5.2002; Ord. 461)" }, { "guid": "44636300", "number": "§ 15.04.020", "title": "Person by whom paid.", "text": "Any tax imposed pursuant to this article shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued.", "history": "(Code 1964 § 3-5.2003; Ord. 461)" }, { "guid": "44636301", "number": "§ 15.04.030", "title": "Exemption—Instrument given to secure debt.", "text": "Any tax imposed pursuant to this article shall not apply to any instrument in writing given to secure a debt.", "history": "(Code 1964 § 3-5.2004; Ord. 461)" }, { "guid": "44636302", "number": "§ 15.04.040", "title": "Exemption—Governmental entities.", "text": "The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this article with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.", "history": "(Code 1964 § 3-5.2005; Ord. 461)" }, { "guid": "44636303", "number": "§ 15.04.041", "title": "Exemption—Instruments taken in lieu of foreclosure.", "text": "Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.", "history": "(Ord. 2390 § 35, 2012)" }, { "guid": "44636304", "number": "§ 15.04.042", "title": "Exemption—Marital property.", "text": "(a) Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders.(b) In order to qualify for the exemption provided in subsection (a) of this section, the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.", "history": "(Ord. 2390 § 35, 2012)" }, { "guid": "44636307", "number": "§ 15.04.043", "title": "Exemption—Conveyance by governmental entity and reconveyance to exempt public agency.", "text": "Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.", "history": "(Ord. 2390 § 35, 2012)" }, { "guid": "44636308", "number": "§ 15.04.044", "title": "Exemption—Conveyances by governmental entity to nonprofit corporation.", "text": "Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.", "history": "(Ord. 2390 § 35, 2012)" }, { "guid": "44636309", "number": "§ 15.04.045", "title": "Exemption—Transfer by inter vivos gift or by death.", "text": "Any tax imposed pursuant to this article shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.", "history": "(Ord. 2390 § 35, 2012)" }, { "guid": "44636310", "number": "§ 15.04.050", "title": "Exemption—Instruments involving bankruptcy, etc.", "text": "(a) Any tax imposed pursuant to this article shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:(1) Confirmed under the Federal Bankruptcy Act, as amended;(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;(3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended;(4) Whereby a mere change in identity, form or place of organization is effected.(b) Subsections (a)(1) through (4) shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.", "history": "(Code 1964 § 3-5.2006; Ord. 461)" }, { "guid": "44636317", "number": "§ 15.04.060", "title": "Exemption—Instruments issued pursuant to orders of Securities and Exchange Commission.", "text": "Any tax imposed pursuant to this article shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:(a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;(b) Such order specifies the property which is ordered to be conveyed;(c) Such conveyance is made in obedience to such order.", "history": "(Code 1964 § 3-5.2007; Ord. 461)" }, { "guid": "44636321", "number": "§ 15.04.070", "title": "Exemption—Partnership transfers.", "text": "(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this article by reason of any transfer of an interest in a partnership or otherwise, if:(1) Such partnership, or another partnership, is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954;(2) Such continuing partnership continues to hold the realty concerned.(b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this article, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value, exclusive of the value of any lien or encumbrance remaining thereon, all realty held by such partnership at the time of such termination.(c) Not more than one tax shall be imposed pursuant to this article by reason of a termination described in subsection (b) of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.", "history": "(Code 1964 § 3-5.2008; Ord. 461)" }, { "guid": "44636327", "number": "§ 15.04.080", "title": "Administration.", "text": "The county recorder shall administer this article in conformity with the provisions of Part 6.7, Division 2 of the Revenue and Taxation Code of the state and the provisions of any county ordinance adopted pursuant thereto.", "history": "(Code 1964 § 3-5.2009; Ord. 461)" }, { "guid": "44636328", "number": "§ 15.04.090", "title": "Refunds.", "text": "Claims for refund of taxes imposed pursuant to this article shall be governed by the provisions of Chapter 5, commencing with Section 5096, Part 9, Division I of the Revenue and Taxation Code of the state.", "history": "(Code 1964 § 3-5.2010; Ord. 461)" } ] }, { "guid": "44636329", "title": "TRANSIENT OCCUPANCY TAX", "number": "15.05", "url": "https://ecode360.com/44636329", "sha256": "c2c77c482500595eae6ce7a3eac1db08c47342d4ba3e29543435e3fc4d731c05", "exportedArticleSha256": "a546720bc2990c5c9c0d3488c890bc7d9caba775c7a0f155bc8ab4f69c81f509", "sections": [ { "guid": "44636330", "number": "§ 15.05.010", "title": "Definitions.", "text": "For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Hotel.Any structure or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.Occupancy.The use or possession, or the right to the use or possession of any room or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.Online Travel Company.Any person, whether operating for profit or not for profit, which enables transients to purchase occupancy of space in a hotel via the Internet, or by similar electronic means.Operator.The person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing or booking agent of any type or character other than an employee, including, but not limited to, an online travel company, the managing/booking agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this article by either the principal or the managing/booking agent shall, however, be considered to be compliance by both.Rent.The total consideration charged to the transient, (including but not limited to, room rates, service charges, retail markup, commissions, processing fees, cancellation charges, attrition fees or online booking fees), whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.Transient.Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.", "history": "(Ord. 2468 § 1, 2016; Code 1964 § 3-7.01; Ord. 367)" }, { "guid": "44636337", "number": "§ 15.05.020", "title": "Levied—Amount of tax—Payment by transient.", "text": "Effective on and after August 1, 2016, for the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 12% of the rent paid by the transient. Such tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the director of finance may require that such tax shall be paid directly to the director of finance.", "history": "(Ord. 2468 § 1, 2016; Code 1964 § 3-7.05; Ord. 367; Ord. 507; § 1; Ord. 695 § 1; Ord. 947 § 1; Ord. 969 § 1; Ord. 974 § 1)" }, { "guid": "44636338", "number": "§ 15.05.030", "title": "Exemptions from imposition.", "text": "(a) No tax under this article shall be imposed upon:(1) Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax.(2) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.(b) No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the director of finance.", "history": "(Code 1964 § 3-7.06; Ord. 367; Ord. 665 § 1)" }, { "guid": "44636343", "number": "§ 15.05.040", "title": "Collection by operators—Advertisement that tax not to be collected, etc., prohibited.", "text": "Each operator shall collect the tax imposed by this article to the same extent and at the same time as the rent is collected from every transient.The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this article.", "history": "(Code 1964 § 3-7.07; Ord. 367)" }, { "guid": "44636344", "number": "§ 15.05.050", "title": "Registration of hotels—Registration certificate.", "text": "Within thirty days after commencing business, each operator of any hotel renting occupancy to transients shall register the hotel with the director of finance and obtain from him or her a \"transient occupancy registration certificate\" to be at all times posted in a conspicuous place on the premises. Such certificate shall include, among other things, the following:(a) The name of the operator;(b) The address of the hotel;(c) The date upon which the certificate was issued; and(d) State as follows:This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Director of Finance for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Director of Finance. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit.", "history": "(Code 1964 § 3-7.09; Ord. 367)" }, { "guid": "44636349", "number": "§ 15.05.060", "title": "Reporting and remitting of collections.", "text": "Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the director of finance, make a return to the director of finance, on forms provided by him or her, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the director of finance. The director of finance may establish shorter reporting periods for any certificate holder if he or she deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the director of finance.", "history": "(Code 1964 § 3-7.11; Ord. 367)" }, { "guid": "44636350", "number": "§ 15.05.070", "title": "Penalties and interest.", "text": "(a) Original delinquency. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax.(b) Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten percent penalty first imposed.(c) Fraud. If the director of finance determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) of this section.(d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.(e) Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid.", "history": "(Code 1964 § 3-7.13; Ord. 367)" }, { "guid": "44636356", "number": "§ 15.05.080", "title": "Failure to collect and report tax—Determination of tax due.", "text": "If any operator shall fail or refuse to collect the tax imposed by this article and to make, within the time provided in this article, any report and remittance of the tax or any portion thereof required by this article, the director of finance shall proceed in such manner as he may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the director of finance shall procure such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this article and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this article. In case such determination is made, the director of finance shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his or her last known place of address. Such operator may within ten days after the serving or mailing of such notice make application in writing to the director of finance for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the director of finance shall become final and conclusive and immediately due and payable. If such application is made, the director of finance shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the director of finance shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 15.05.090.", "history": "(Code 1964 § 3-7.15; Ord. 367)" }, { "guid": "44636357", "number": "§ 15.05.090", "title": "Appeals.", "text": "Any operator aggrieved by any decision of the director of finance with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the determination of tax due. The city council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his or her last known place of address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.", "history": "(Code 1964 § 3-7.17; Ord. 367)" }, { "guid": "44636358", "number": "§ 15.05.100", "title": "Records to be kept.", "text": "It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the director of finance shall have the right to inspect at all reasonable times.", "history": "(Code 1964 § 37.19; Ord. 367)" }, { "guid": "44636359", "number": "§ 15.05.110", "title": "Refunds.", "text": "(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this article, it may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the director of finance within three years of the date of payment. The claim shall be on forms furnished by the director of finance.(b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the director of finance that the person from whom the tax has been collected was not a transient; provided, that neither a refund nor a credit shall be allowed unless the amount of use tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section, but only when the tax was paid by the transient directly to the director of finance, or when the transient having paid the tax to the operator, establishes to the satisfaction of the director of finance that the transient has been unable to obtain a refund from the operator who collected the tax.(d) No refund shall be paid under the provisions of this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto.", "history": "(Code 1964 § 3-7.21; Ord. 367)" }, { "guid": "44636364", "number": "§ 15.05.120", "title": "Collection by court action.", "text": "Any tax required to be paid by any transient under the provisions of this article shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this article shall be liable to an action brought in the name of the city for the recovery of such amount.", "history": "(Code 1964 § 3-7.23; Ord. 367)" }, { "guid": "44636365", "number": "§ 15.05.130", "title": "Violations.", "text": "No operator or other person shall fail or refuse to register as required in this article, or to furnish any return required to be made, or fail or refuse to furnish a supplemental return or other data required by the director of finance, or render a false or fraudulent return or claim. No person required to make, render, sign or verify any report or claim shall make any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this article to be made.", "history": "(Code 1964 § 3-7.25; Ord. 367)" } ] }, { "guid": "44636366", "title": "ART IN PUBLIC WORKS FUND ALLOCATION", "number": "15.06", "url": "https://ecode360.com/44636366", "sha256": "e75a1f7bccd2361ec7a6c524ef865d60e2ac0e44f4e519b1775528f693441aac", "exportedArticleSha256": "1eccb830eefac7d71b5ac79a5f2aca0a87f38605136ab11d56f3d6078092d53a", "sections": [ { "guid": "44636367", "number": "§ 15.06.010", "title": "Purpose.", "text": "The city accepts a responsibility for expanding public experience with visual art. Such art has enabled people in all societies better to understand their communities and individual lives. Artists capable of creating art for public places should be encouraged and the city's standing as a regional leader in public art enhanced. A policy is therefore established to direct the inclusion of works of art in public works of the city.", "history": "(Ord. 720 § 1)" }, { "guid": "44636368", "number": "§ 15.06.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Capital improvement program.The city's program bearing that name for advance planning of capital developments.Construction project.Any city capital project including, but not limited to, those paid for wholly or in part by the city to construct or remodel any building, decorative or commemorative structure, park, street, sidewalk, parking facility or utility or any portion thereof within the limits of the city, excluding, however, any maintenance projects.Total construction project cost.This term shall exclude engineering, preliminary design, contract administration and inspection costs.", "history": "(Ord. 720 § 2; Ord. 2664, 8/27/2024)" }, { "guid": "44636373", "number": "§ 15.06.030", "title": "Requests and authorization for appropriations.", "text": "(a) Requests for appropriations. All city department heads shall include in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects, an amount for works of art equal to at least one percent of the total cost of any such construction project as estimated in the capital improvement program for the year in which such estimate or request is made. If the source of funding or other appropriate law with respect to any particular project precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project cost in making the aforesaid calculation.(b) Legislative authorization. The city council may make appropriations for works of art in connection with construction projects, and may also provide for the appropriation of funds to the \"municipal arts fund.\"", "history": "(Ord. 720 § 3; Ord. 2664, 8/27/2024)" }, { "guid": "44636376", "number": "§ 15.06.040", "title": "Establishment of municipal arts fund.", "text": "There is established a special fund designated \"municipal arts fund\" into which funds appropriated as contemplated by Section 15.06.030(b) shall be deposited. Each disbursement from such fund or from other appropriations for works of art shall be authorized by the city council.", "history": "(Ord. 720 § 6; Ord. 2664, 8/27/2024)" }, { "guid": "44636383", "number": "§ 15.06.050", "title": "Placement of works of art.", "text": "Works of art selected and implemented pursuant to the provisions of this article and any amendment thereto may be placed in, on or about any municipal construction project or other municipally owned, leased or rented property. They may be attached or detached within or about such property, and may be either temporary or permanent. Placement of works of art shall be authorized by the city council.", "history": "(Ord. 720 § 5; Ord. 2664, 8/27/2024)" } ] }, { "guid": "44636385", "title": "CONSTRUCTION TAX", "number": "15.07", "url": "https://ecode360.com/44636385", "sha256": "4a6eb1912354faad12484a589b49351bfe1521adaefefb7cf7d331961c8a5b40", "exportedArticleSha256": "5b13a5bcb210cdbe9378d79325ac2f8063351915719b32d9083b8b0c4cf50288", "sections": [ { "guid": "44636386", "number": "§ 15.07.010", "title": "Purpose.", "text": "The city council hereby declares that the taxes required to be paid hereby are assessed pursuant to the taxing power of the city and solely for the purpose of producing revenue.", "history": "(Ord. 752 § 1; Ord. 858 § 1; Ord. 866 § 1; Ord. 1831 § 1)" }, { "guid": "44636387", "number": "§ 15.07.020", "title": "Definitions.", "text": "As used in this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Apartment house.Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments. \"Apartment house\" shall also include rooming and boarding houses, fraternities, sororities and other similar living group facilities. Hotels, motels and other similar uses are excluded unless such are designed or intended to be used as a permanent or semipermanent place of residence for the occupants.Building.Any structure used or intended for supporting or sheltering any use or occupancy, but not including any outdoor tanks, towers or other similar structures.Dwelling.Any building or any portion thereof which is not an \"apartment house,\" \"lodging house\" or a \"hotel,\" as defined in the Uniform Building Code, which contains one or two \"dwelling units\" or \"guest rooms,\" used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.Dwelling unit.A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.Living area.The area of a dwelling unit, excluding garages, carports, patios, balconies and other similar structures, as determined by the building official. The living area of apartment houses shall include independent laundry rooms, lounge and study areas.Mobile home.A vehicle, other than a motor vehicle, designed or used for residential purposes, for carrying persons and property on its own structure and for being drawn by a motor vehicle.Mobile home lot.Any area or portion of a mobile home park designated, designed or used for the occupancy of one mobile home on a temporary, semipermanent or permanent basis.Mobile home park.Any area or tract of land containing one or more mobile home lots.Person.Any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual.Residential buildings.Apartments or dwellings shall be considered residential buildings; all other buildings shall be considered nonresidential.", "history": "(Ord. 752 § 1; Ord. 858 § 1)" }, { "guid": "44636398", "number": "§ 15.07.030", "title": "Construction tax imposed.", "text": "A construction tax is hereby imposed on the privilege of constructing in the city any mobile home lot or building, and every person to whom a permit to construct any building is issued, and every person to whom a permit to construct and install electrical and plumbing equipment to service a mobile home park in the city is issued, shall pay to the city such tax based upon the following rates:(a) Apartments and dwellings.(1) Apartments. For each apartment, a tax of seventy-seven cents per square foot.(2) Dwellings. For each dwelling, a tax of ninety-seven cents per square foot.(b) All other buildings. All buildings except those subject to subsection (a) of this section, shall be subject to a rate of ninety-one cents per square foot of building area.(c) Mobile home lots. For each mobile home lot or mobile home, a tax of six hundred twenty-nine dollars.", "history": "(Ord. 877 § 1; Ord. 879 § 1; Ord. 956 § 1; Ord. 972 § 1; Ord. 1009 § 1; Ord. 1019 § 1)" }, { "guid": "44636404", "number": "§ 15.07.040", "title": "Construction tax imposed—Modification computed from cost index.", "text": "Commencing January 1, 1979, and on each January 1st thereafter, the taxes listed in Section 15.07.030 shall be increased or decreased by the construction cost percentage increase or decrease computed from the Engineering News Record construction cost index or similar cost index for the twelve-month period ending on or about the preceding December 1. The city finance director shall maintain a current schedule of rates and charges upon the yearly increase or decrease specified herein and shall make the same available to any interested party upon request.", "history": "(Ord. 956 § 2; Ord. 972 § 2)" }, { "guid": "44636405", "number": "§ 15.07.050", "title": "Applicability generally.", "text": "The construction tax is intended to apply to the living area of all new residential construction and to all residential reconstruction, alterations, modifications and additions that create additional dwelling units.The construction tax is intended to apply to the building area of all new nonresidential construction and to additional building area due to reconstruction, alterations, modifications and additions in nonresidential buildings.", "history": "(Ord. 752 § 1; Ord. 858 § 1)" }, { "guid": "44636406", "number": "§ 15.07.060", "title": "When due.", "text": "The construction tax herein required to be paid shall be due and payable upon issuance by the city of a building permit or upon issuance by the city of a permit to construct and install electrical and plumbing equipment to service a mobile home lot in a mobile home park.", "history": "(Ord. 752 § 1; Ord. 858 § 1)" }, { "guid": "44636407", "number": "§ 15.07.070", "title": "Place of payment.", "text": "The construction tax shall be paid to the building official of the city or his or her authorized agent at the office of the community development and sustainability department of the city.", "history": "(Ord. 752 § 1; Ord. 858 § 1)" }, { "guid": "44636408", "number": "§ 15.07.080", "title": "Use of revenues for public purposes.", "text": "All of the construction taxes collected pursuant to the provisions of this article shall be placed in a special fund which is hereby created and established for such purpose and which shall be known as the construction tax fund. Taxes collected pursuant to this article may be expended for any public purpose; provided, that such expenditure from the fund has been authorized by the city council.", "history": "(Ord. 858 § 1; Ord. 866 § 1)" } ] }, { "guid": "44636409", "title": "PUBLIC SAFETY CHARGES", "number": "15.08", "url": "https://ecode360.com/44636409", "sha256": "0ebe2bddc7a2d822efd0134f8b205cc0a15130dcadca36b3fcd19f33767dc004", "exportedArticleSha256": "b3dbc24a4dd9ff3fae02d2695eb48490880a1c8032fc1adef13c1f1c6c28d0d9", "sections": [ { "guid": "44636410", "number": "§ 15.08.010", "title": "Findings.", "text": "The city council finds and determines that the city's ability to provide adequate police and fire protection services for the protection of persons and property within the city depends upon the availability of funds. The charges levied in this article upon property within the city are levied solely for the purpose of providing revenue to finance police and fire protection services.", "history": "(Ord. 957 § 1; Ord. 971 § 1)" }, { "guid": "44636411", "number": "§ 15.08.020", "title": "Charges.", "text": "Commencing March 1, 1979, or such later date as may be specified by resolution of the city council, property within the city shall be assessed a monthly public safety charge as set forth by ordinance.", "history": "(Ord. 957 § 2; Ord. 971 § 2)" }, { "guid": "44636412", "number": "§ 15.08.030", "title": "Charges—Yearly increase.", "text": "Unless waived by resolution of the city council adopted prior to May 1st of any year, commencing July 1, 1979, and each July 1st thereafter, the amounts specified in Section 15.08.020 shall be increased by three percent of the amount applicable to the preceding year. The finance director shall maintain a current schedule of rates and charges based upon the yearly increase specified herein and shall make the same available to any interested party upon request.", "history": "(Ord. 957 § 3; Ord. 971 § 3)" }, { "guid": "44636413", "number": "§ 15.08.040", "title": "Disposition of revenue.", "text": "Revenue derived under the provisions of this article shall be used only to meet the operating expenses of the police and fire protection services of the city. A specific fund shall be established for the deposit and disbursement of the funds collected under this article.", "history": "(Ord. 957 § 4; Ord. 971 § 4)" }, { "guid": "44636414", "number": "§ 15.08.050", "title": "City council may suspend or reinstate.", "text": "The city council may, by resolution, suspend or reinstate the levy of charges imposed by Section 15.08.020.", "history": "(Ord. 977 § 1)" } ] }, { "guid": "44636415", "title": "MUNICIPAL SERVICE TAX", "number": "15.09", "url": "https://ecode360.com/44636415", "sha256": "cbb8986e6d5159d6a744b0a82673e6b1fc4cc411a472d9b1a802d8093b0983ca", "exportedArticleSha256": "e4f2a63a40533a4e5982bc1bcc24ce2fd59a06109d01b9336ee5d24dae62b238", "sections": [ { "guid": "44636416", "number": "§ 15.09.010", "title": "Findings.", "text": "The city council hereby finds and declares that the city's ability to provide municipal services at the level of service being provided in Davis depends on the availability of funds for general municipal purposes. Further, the use of city services and the demand for city services is closely tied to the uses and occupancies of property within the city. The taxes levied herein are levied for the purpose of providing revenue to fund general municipal services.", "history": "(Ord. 1380 § 1)" }, { "guid": "44636417", "number": "§ 15.09.020", "title": "Municipal services tax.", "text": "(a) Commencing August 1, 1986, or at such later date as the council may specify by resolution, property within the City of Davis shall be assessed a monthly municipal services tax based on the use and occupancy of the property as set forth in Exhibit A herein and on display in the city clerk's office.(b) The municipal service tax may be collected with other monthly municipal taxes, charges and/or fees.Exhibit AThe Municipal Services Tax consists of two parts:Part I: BASE RATE – All land usesAll land use (types of property) lots and undivided property in the City of Davis will be charged a base rate service charge of $0.000021 per square foot.Part II: PLUS – ImprovementsPlus all structure (buildings) improved property will be charged a unit dwelling household occupant rate or employee equivalent rate, as follows:(i) Residential:Single-family, duplex, split duplex and condominium$3.13 per living unitMultiple living units not included above$3.13 per living unitFor each mobilehome$3.13 per living unit siteGroup living units include fraternities, sororities, senior citizen houses, convents, rectories, residence halls, lodging houses and any other dwelling unit in which five or more unrelated individuals reside, the rate shall be based on the allowable facility occupancy, according to the use permit or building code. Group living per each unit of five people or any fraction thereof$3.13 per living unit(ii) All commercial structure (buildings) improvements$0.0041 per gross square foot(iii) All industrial (each unit of 2.4 employees as verified each July 15)$3.13 per unit of employees(iv) Religious worship property$3.13 per parcelThe total parcel (lot) bill will be the sum total of the charges levied in Parts I and II above.", "history": "(Ord. 1380 § 2)" }, { "guid": "44636420", "number": "§ 15.09.030", "title": "Annual adjustment.", "text": "Unless waived by the city council by resolution adopted prior to July 1st of any year, commencing July 1, 1987, and each July 1st thereafter, the amounts specified in Section 15.09.020 shall be increased by three percent of the amount applicable to the preceding year. The finance director shall maintain a current schedule of rates and charges based upon the yearly increase specified herein and shall make the same available to any interested party upon request.", "history": "(Ord. 1380 § 3)" }, { "guid": "44636421", "number": "§ 15.09.040", "title": "Disposition of revenue.", "text": "Revenues derived under the provisions of this article shall be deposited in the general fund of the city and may be expended for any municipal purpose.", "history": "(Ord. 1380 § 4)" } ] }, { "guid": "44636422", "title": "BUSINESS IMPROVEMENT DISTRICT", "number": "15.10", "url": "https://ecode360.com/44636422", "sha256": "1cd3dc79f62ca9820a7ccaeb1a8663478e6f01a23f73decf6d6c1c25fe9fdccc", "exportedArticleSha256": "664d0cc769c3748ad023526eca23c7ee3a990af0c9b9885b565fff5ebb4bfd99", "sections": [ { "guid": "44636423", "number": "§ 15.10.010", "title": "Authority.", "text": "A business improvement district (hereinafter district) is established pursuant to the authority of the Parking and Business Improvement Area Law of 1979, Section 36500 et seq., of the California Streets and Highways Code.", "history": "(Ord. 1491 § 1)" }, { "guid": "44636424", "number": "§ 15.10.020", "title": "Purpose.", "text": "Revenues produced by the district shall be used for programs which benefit the district. The authorized uses for the district's revenue are as follows:(a) Promotion of business activities within the district;(b) Promotion of public events which are to take place on or in public places within the district;(c) Furnishing of music in any public place in the district;(d) Decoration of any public place in the district; and(e) Acquisition, construction or maintenance of parking facilities for the benefit of the district.", "history": "(Ord. 1491 § 1)" }, { "guid": "44636430", "number": "§ 15.10.030", "title": "Definitions.", "text": "As used in this article:\"Benefit zone\"means a described portion of the district receiving different benefits from another portion of the district.\"Business\"means all types of businesses, excluding not-for-profit charitable organizations, including, but not limited to, the leasing of each separate property or space leased to separate businesses.\"District\"means all commercially used property located within certain designated areas of the city, more specifically described in Sections 15.10.040(a), (b) and (c) of this article and Exhibits A, B and C attached to Ordinance Nos. 1491 and 1687 and on display in the city clerk's office.\"Fee\"means a levy for the purpose of providing services and for programs which will benefit the district.", "history": "(Ord. 1491 § 1; Ord. 1687 § 1)" }, { "guid": "44636435", "number": "§ 15.10.040", "title": "Boundaries and benefit zones.", "text": "Within the district, three benefit zones are established as follows:(a) Core area benefit zone , which shall include all businesses maintaining a place of business within the area shown on Exhibit A, attached to Ordinance 1687 and incorporated herein by this reference, and generally described as that area beginning at the intersection of the centerline of First Street and A Street, following along the centerline of First Street to the centerline of D Street, extending south to the railroad tracks, then east along the railroad tracks to the centerline of Richards Boulevard, then north along the centerline of Richards Boulevard to the centerline of First Street, then following easterly along the centerline of First Street to the south side of G Street, to the Southern Pacific Transportation Company's westerly railroad tracks, following along the western boundary of said railroad tracks north to the centerline of Fifth Street, then following the centerline of Fifth Street extend west to the centerline of G Street, following south along the centerline of G Street, then follow the north side of Fourth Street following westerly along, the rear, or northern property line of properties adjoining the northern side of Fourth Street to C Street, then following southerly along the centerline of C Street to the centerline of Fourth Street, then following westerly along the centerline of Fourth Street to the centerline of A Street, and following southerly along the centerline of A Street to the centerline of First Street.(b) Periphery core benefit zone , which shall include all businesses maintaining a place of business within the area shown by Exhibit B, attached to Ordinance 1687 and incorporated herein by this reference, and generally described as that area beginning at the centerline of the southern end of I Street bounded by property of the Southern Pacific Transportation Company, moving north along the centerline of I Street to the centerline of Fifth Street, following westerly along the centerline of Fifth Street to the centerline of Rowe Place, then north along the centerline of Rowe Place to the intersection of the rear or northern property line of properties adjoining the northern end of the centerline of Rowe Place, following westerly along the rear or northern property line of said properties, continuing westerly to the intersection of the centerline of Sixth Street and the Southern Pacific Transportation Company's railroad tracks, following along the western boundary of said railroad tracks northerly to East Eighth Street, following along the centerline of East Eighth Street to the rear (west) property line of those properties adjoining the westerly side of G Street, south to the centerline of Fifth Street, following along the centerline of Fifth Street westerly to the centerline of Russell Boulevard, following along the centerline of Russell Boulevard to the intersection of the centerline of Russell Boulevard and A Street, and following southerly along the centerline of A Street to Fourth Street, then following easterly along the centerline of Fourth Street to C Street, then north along the centerline of C Street to the rear or northern property line of properties adjoining the north side of Fourth Street, following easterly along said rear or northern property line to the centerline of G Street, then following the centerline of Fifth Street to the Southern Pacific Transportation Company's railroad tracks, following the western boundary of said railroad tracks southerly to Third Street, then proceeding along said railroad tracks southeasterly to the intersection with the centerline of I Street.", "history": "(Ord. 1491 § 1; Ord. 1687 §§ 2—4; Ord. 1836 § 2; Ord. 1921, 1998)" }, { "guid": "44636438", "number": "§ 15.10.050", "title": "Applicability and findings of benefit.", "text": "(a) The provisions of this article shall apply to all businesses maintaining a place of business within the district, except not-for-profit charitable organizations, which shall be exempt.(b) It is found that zone A, zone B and zone C businesses will benefit from the provision of eligible promotional activities in varying degrees. Fees applied to businesses within the benefit zones will be established in relation to the anticipated benefit to be derived by the business from the district.(c) The core area benefit zone shall be the primary benefit zone of the district. This is consistent with city policies to maintain this area as the commercial center of the city.(d) The periphery core benefit zone shall be a secondary benefit zone of the district. Participating businesses of the periphery core benefit zone will benefit from the district in the same manner as businesses in the core area benefit zone but to a lesser extent due to their distance from the center of the core area.", "history": "(Ord. 1491 § 1; Ord. 1687 § 5; Ord. 1836 § 2)" }, { "guid": "44636443", "number": "§ 15.10.060", "title": "Classification of businesses.", "text": "The businesses within the district are classified so as to promote the equitable imposition of assessments. The classifications shall be as follows:Group I—Individual licenses held. Individually licensed agents, including, but not limited to, real estate and insurance agents.Group II—Retail, manufacturing and utilities. Businesses including, but not limited to, retail sales, restaurants, hotels and motels, art galleries, commercial printing, newspaper publishing, manufacturing or processing, utilities, etc.Group III—Services. Businesses including, but not limited to, building contractors, handy-persons, repair, maintenance, or cleaning services, secretarial services, recreation halls, theaters, other entertainment events, travel agencies, service stations, equipment leasing, locksmiths, photocopying services, commercial and portrait photography, and businesses or personal services not otherwise specified.Group IV—Professional and wholesalers. Businesses including, but not limited to, appraisers, accountants, advertising agents, architects, attorneys, brokerage firms, designers, dentists, consultants, physicians, optometrists, veterinarians, etc., and wholesale businesses which sell, handle, or store merchandise solely for the purpose of resale in the regular course of business.Group V—Financial institutions. Financial institutions including, but not limited to, banks, credit unions, and savings and loan associations.Group VI—Branch locations. Businesses qualify as a branch business when both the primary and the branch are under the same name and both are located within the boundaries of the core area benefit zone.Group VII—Commercial leasing businesses. Commercial leasing businesses located in and/or leasing property within the downtown district. An assessment shall be levied for each separate property leased to a business within the downtown district.", "history": "(Ord. 1491 § 1; Ord. 1635 § 1; Ord. 1677 § 1; Ord. 2195, 2004)" }, { "guid": "44636444", "number": "§ 15.10.070", "title": "Computation of fees.", "text": "Separate assessment schedules shall be used to levy assessments for businesses within each benefit zone and each business group. The following schedule of assessment shall apply in the core area benefit zone, except that not-for-profit charitable organizations shall be exempt. The finance director shall maintain a current schedule of assessments based upon the yearly increase specified herein and shall make such schedule available to any interested party upon request.(a) Core area benefit zone annual assessment rates.Group I2008 Group I2009 Group I2010, thereafter$41.00$42.23Previous Year + 3%Group II-IV2008 Group II2009 Group II2010, there-after2008 Group III2009 Group III2010, there-after2008 Group IV2009 Group IV2010, there-afterGroup Receipts Bracket ($)Retail Rate ($)Service Rate ($)Professional/Wholesale Rate ($)0- 100,00074.0076.22Previous Year + 3%74.0076.22Previous Year + 3%74.0076.22Previous Year + 3%100,001- 150,000108.00111.2496.0098.8885.0087.55150,001- 200,000142.00146.26119.00122.5796.0098.88200,001- 250,000175.00180.25142.00146.26108.00111.24250,001- 300,000211.00217.33164.00168.92119.00122.57300,001- 350,000244.00251.31187.00192.61130.00133.90350,001- 400,000278.00286.34210.00216.30142.00146.26400,001- 450,000312.00321.36232.00238.96153.00157.59450,001- 500,000346.00356.38255.00262.65164.00168.92500,001- 550,000380.00391.40278.00286.34176.00181.28550,001- 600,000412.00424.36300.00309.00187.00192.61600,001- 650,000448.00461.44323.00332.69198.00203.94650,001- 700,000479.00493.37345.00355.35210.00216.30700,001- 750,000515.00530.45368.00379.04221.00227.63750,001- 800,000550.00566.50391.00402.73232.00238.96800,001- 850,000583.00600.49414.00426.42244.00251.32850,001- 900,000618.00636.54436.00449.08255.00262.65900,001- 950,000651.00670.53459.00472.77266.00273.98950,001- 1,000,000685.00705.55482.00496.46278.00286.341,000,001- 1,050,000721.00742.63504.00519.12289.50298.191,050,001- 1,100,000754.00776.62526.50542.30301.00310.031,100,001- 1,150,000787.00810.61549.00565.47312.50321.881,150,001- 1,200,000820.00844.60571.50588.65324.00333.721,200,001- 1,250,000853.00878.59594.00611.82335.50345.571,250,001- 1,300,000886.00912.58616.50635.00347.00357.411,300,001- 1,350,000919.00946.57639.00658.17358.50369.261,350,001- 1,400,000952.00980.56661.50681.35370.00381.101,400,001- 1,450,000985.001,014.55684.00704.52381.50392.951,450,001- 1,500,0001,018.001,048.54706.50727.70393.00404.791,500,001- 1,550,0001,051.001,082.53729.00750.87404.50416.641,550,001- 1,600,0001,084.001,116.52751.50774.05416.00428.481,600,001- 1,650,0001,117.001,150.51774.00797.22427.50440.331,650,001- 1,700,0001,150.001,184.50796.50820.40439.00452.171,700,001- 1,750,0001,183.001,218.49819.00843.57450.50464.021,750,001- 1,800,0001,216.001,252.48841.50866.75462.00475.861,800,001- 1,850,0001,249.001,286.47864.00889.92473.50487.711,850,001- 1,900,0001,282.001,320.46886.50913.10485.00499.551,900,001- 1,950,0001,315.001,354.45909.00936.27496.50511.401,950,001- 2,000,0001,348.001,388.44931.50959.45508.00523.242,000,001 and above1,381.001,422.43954.00982.62519.50535.09Group V2008 Group V2009 Group V2010, thereafter$464.00$477.92Previous Year +3%Group VI2008 Group VI2009 Group VI2010, thereafter$15.50$15.97Previous Year +3%Group VII2008 Group VII2009 Group VII2010, thereafterFirst parcel leased$100.00$103.00Previous Year +3%Additional parcels leased$50.00$51.50Previous Year +3%(b) Periphery core benefit zone. For businesses located within the periphery core benefit zone, assessments shall be at amounts equal to seventy-five percent of rates to be assessed the same types of businesses in the core area benefit zone.", "history": "(Ord. 1491 § 1; Ord. 1677 § 2; Ord. 1687 § 6; Ord. 1836 § 1; Ord. 2195, 2004; Ord. 2330 § 1, 2008)" }, { "guid": "44636447", "number": "§ 15.10.080", "title": "Assessments.", "text": "Assessments imposed by this article are not for the purpose of obtaining funds to acquire or construct capital improvements. Fees may be established for each benefit zone for the purpose of acquisition of land, and construction and maintenance of parking facilities which will benefit the particular zone, under the procedures for modification of fees and uses pursuant to the Parking and Business Improvement Area Law of 1979, Streets and Highways Code Section 36561.", "history": "(Ord. 1491 § 1)" }, { "guid": "44636448", "number": "§ 15.10.090", "title": "Amendment and modification procedures.", "text": "(a) Establishment or modification of benefit zones; modification of district boundary. The city council may establish additional benefit zones or modify district or benefit zone boundaries following the same procedure as provided by Streets and Highways Code Sections 36520 through 36525 for the establishment of a parking and business improvement area.(b) Changes in fees or uses. The city council may make changes in the fees or in the uses to which the revenue shall be put. Such changes shall be made by ordinance adopted after a hearing before the city council. The city council shall adopt a resolution of intention to change fees or the uses to which the revenue shall be put at least fifteen days prior to said hearing. The resolution shall specify the proposed changes and shall give the time and place of the hearing.(c) Disestablishment of district or benefit zones. The city council may disestablish the district or a benefit zone within the district by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution of intention shall include the time and place of the hearing.(d) Amendment of the Parking and Business Improvement Area Law of 1979. Businesses within the benefit zones established by this article shall be subject to any amendments to the Parking and Business Improvement Area Law of 1979, Streets and Highways Code Section 36500 et seq.,", "history": "(Ord. 1491 § 1)" }, { "guid": "44636453", "number": "§ 15.10.100", "title": "Collection of fees.", "text": "(a) For the annual assessment levied for the 2007 year only, one quarter (twenty-five percent) of the annual assessment shall be payable along with, and at the same time as, business license taxes. The remaining three quarters (seventy-five percent) shall be payable upon adoption of the ordinance codified in this article. Fees are payable at the city finance department. Fees not received within thirty days from the date on which they are due, unless under appeal consideration, shall be subject to a late penalty of ten percent of the amount due for the period, plus an additional ten percent per month for each month delinquent thereafter.(b) For businesses subject to fees on the basis of gross receipts, each business license record shall contain the basis for the fee calculation. The basis is defined as gross receipts. This information shall be provided by each business license applicant upon renewal or application for a new license. In the case of existing businesses, this shall be annual gross receipts for the year preceding that for which the fee is due. The basis of fees may be adjusted upon renewal of the business license.(c) In the event of a business leaving the district, or closing and reopening within the district, proration of the annual fee due hereunder shall be made for any portion of the period for which a parking and business improvement district fee is payable, on a quarterly basis.(d) A business newly established in the district is exempted from paying the district fee for a period from the date of opening until the end of that calendar year.", "history": "(Ord. 1491 § 1; Ord. 2274 § 2, 2006; Ord. 2279 § 2, 2007; Ord. 2280 § 1, 2007)" }, { "guid": "44636458", "number": "§ 15.10.110", "title": "Exemptions for home-based businesses.", "text": "Owners of home-based businesses as defined by Section 40.26.150, home occupations, of the city zoning code, may receive an exemption from the assessment for each year that they qualify under one of the following:(a) A home-based business netting less than five thousand dollars per year; or(b) A home-based business in compliance with the following four conditions:(1) The home-based business does not engage in on-site retail sales,(2) The owner of the business lives on-site,(3) No sign is posted on the premises to identify the business,(4) The business uses a P.O. box for all business correspondence.", "history": "(Ord. 1635 § 2)" }, { "guid": "44636465", "number": "§ 15.10.120", "title": "Hardship.", "text": "In the event that it can be demonstrated that the imposition of fees would create an economic hardship for a particular business, the city council may, upon appeal, reduce the basis of the fee for any business which has filed for bankruptcy. The city shall require documentation of such status to process an appeal.", "history": "(Ord. 1635 § 3)" }, { "guid": "44636466", "number": "§ 15.10.130", "title": "Accountability and disposition of fees.", "text": "(a) All revenues received under this article shall be deposited by the director of the city finance department into a special fund of the city. No moneys shall be disbursed from this fund except for the purposes set forth in this article.(b) Each benefit zone shall be accounted for separately. The city council shall consider a recommended budget of the estimated expenditures for use of the revenues of each benefit zone on an annual basis. The city council may contract with an independent agent(s) for administration of the revenue proceeds in accordance with an approved budget.", "history": "(Ord. 1491 § 1)" }, { "guid": "44636469", "number": "§ 15.10.140", "title": "Voluntary contribution.", "text": "Any business which is exempt from the payment of fees imposed by this article may make a voluntary contribution to the fund established for this article.", "history": "(Ord. 1491 § 1)" } ] }, { "guid": "44636470", "title": "INFORMAL BIDDING FOR PUBLIC PROJECTS", "number": "15.11", "url": "https://ecode360.com/44636470", "sha256": "3a15132bf245dfdb05bcb40d0e4cd9a1ea4af9aa12cda62225c0f990a4bbc7df", "exportedArticleSha256": "b70028680a76748201805490a0b9003bfeaaa2b460616d8c90df0f16cc172430", "sections": [ { "guid": "44636471", "number": "§ 15.11.010", "title": "Definitions.", "text": "For the purposes of this article the following words and phrases shall have the following meanings:Actmeans the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).Commissionmeans the California Uniform Construction Cost Accounting Commission.Facilitymeans any plant, building, structure, ground facility, utility system, subject to the limitation of subsection (4) of the definition for public project below, real property, streets and highways, or other public work improvement.Public projectmeans any of the following:(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any city owned, leased or operated facility;(2) Painting or repainting of any city owned, leased, or operated facility;(3) In the case of a city owned utility system, \"public project\" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher;(4) \"Public project\" does not include maintenance work. For purposes of this section, \"maintenance work\" includes all of the following:(A) Routine, recurring and usual work for the preservation or protection of any city owned or city operated facility for its intended purposes,(B) Minor repainting,(C) Resurfacing of streets and highways at less than one inch,(D) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems,(E) Work performed to keep, operate, and maintain city owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of two hundred thirty thousand volts and higher.", "history": "(Ord. 1563 § 1)" }, { "guid": "44636485", "number": "§ 15.11.020", "title": "Public projects contracting procedures.", "text": "The city shall follow the contracting procedures set forth in the Uniform Public Construction Cost Accounting Act (Section 22000, et seq., of the Public Contract Code). Notwithstanding the foregoing, the city is expressly authorized to utilize any alternative procedures for procuring public projects provided by law. Such procedures may include, but are not limited to, use of 'design-build' pursuant to Public Contract Code Section 22160, et seq., and procedures set forth in Government Code Section 4217.10, et seq., for energy conservation contracts.", "history": "(Ord. 1563 § 1; Ord. 2662, 7/9/2024)" }, { "guid": "44636486", "number": "§ 15.11.030", "title": "Contractors list.", "text": "The public works director shall compile and maintain a list of qualified contractors identified according to categories of work. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the commission.", "history": "(Ord. 1563 § 1)" }, { "guid": "44636487", "number": "§ 15.11.040", "title": "Informal bidding—Notice.", "text": "(a) When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:(1) Mailed notice shall be sent to all contractors on the contractors list for the category of work being bid; and(2) Mailed notice shall be given to all construction trade journals specified by the commission for the receipt of such notice for Yolo County;(3) Additional notice to other contractors and/or trade journals may, in the discretion of the city, be given.(b) If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors.(c) All mailing of notices to contractors and construction trade journals shall be completed not less than ten days before bids are due.(d) The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.", "history": "(Ord. 1563 § 1)" }, { "guid": "44636495", "number": "§ 15.11.050", "title": "Award of contracts.", "text": "The city manager is authorized to award contracts for public projects up to the formal bid threshold under the Act, as it may be amended from time to time.", "history": "(Ord. 1563 § 1; Ord. 2388 § 1, 2012; Ord. 2549 § 1, 2019)" }, { "guid": "44636496", "number": "§ 15.11.060", "title": "Rejection of bids.", "text": "The city manager or the city council, as the case may be, may, in the manager's or council's discretion, reject all bids and proceed as authorized by the Act.", "history": "(Ord. 1563 § 1)" }, { "guid": "44636497", "number": "§ 15.11.070", "title": "Approval of plans and designs.", "text": "The city engineer, or designee, is authorized to approve plans and designs, and all amendments and addenda thereto, for performance of a public project of the city.", "history": "(Ord. 2388 § 2, 2012)" } ] }, { "guid": "44636498", "title": "MAJOR PROJECTS FINANCING FEE", "number": "15.12", "url": "https://ecode360.com/44636498", "sha256": "84dd75c4b5468e315f85203537b8ff25f5330b516631a4ece4c97cfe5e455b3e", "exportedArticleSha256": "59817c19a5c8cc4b50bf03c941e90434b2aab92b0b72751af0c3fcf9414f6a1a", "sections": [ { "guid": "44636499", "number": "§ 15.12.010", "title": "Purpose.", "text": "In order to implement the goals and objectives of the Davis general plan, South Davis and East Davis specific plans and the redevelopment plan of the city and to mitigate the impacts caused by new and anticipated developments identified in the Davis general plan, the South Davis specific plan, the East Davis specific plan and the redevelopment plan, projects described in the major projects financing plan must be or had to be constructed. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for new development's fair share of the acquisition and improvement construction costs and other costs necessary or convenient to insure conformity to or implementation of the general plan. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 63913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element as well as all other elements of the general plan.", "history": "(Ord. 1549 § 1)" }, { "guid": "44636500", "number": "§ 15.12.020", "title": "Major projects financing fee.", "text": "(a) A major projects financing fee is hereby established on issuance of all development permits for development in the city to pay for public improvements to implement the Davis general plan, South Davis specific plan, East Davis specific plan and major projects financing plan. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact areas on which the major projects financing fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. To the extent that the major projects financing fee includes components for financing projects already included in fees collected under other city ordinances (i.e. sewer connection, water connection, and Quimby Act park fees), such other fees, when paid, shall be a credit against the appropriate components of the major projects financing fee. To the extent that some or all of the projects financing or to be financed by the major projects financing fee are financed through a community facilities district, special assessment district or other financing mechanism, participation in such other financing mechanism shall be a credit against the appropriate component of the major projects financing fee. As described in the fee resolution, this major projects financing fee shall be paid by each developer either prior to issuance of a building permit or prior to issuance of a certificate of occupancy of the commercial or industrial project or the respective dwelling units in a residential project, or at such earlier time permitted by law, as set forth in, if applicable, Government Code Section 66007. On an annual basis, the city council shall review the fees to determine whether the fee amounts are reasonably related to the burden of developments and whether the described public facilities are still needed.(b) As used in this section development permit means any permit or approval from the city including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, revised final planned development, building permit or other permit for construction or reconstruction.", "history": "(Ord. 1549 § 1; Ord. 1839 § 1)" }, { "guid": "44636503", "number": "§ 15.12.030", "title": "Limited use of fees.", "text": "The revenue raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on the account, shall be used solely to:(a) Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 15.12.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or(b) Reimburse developers who have been required or permitted by Section 15.12.040 to install such listed facilities which are oversized with supplemental size, length or capacity.", "history": "(Ord. 1549 § 1)" }, { "guid": "44636506", "number": "§ 15.12.040", "title": "Developer construction of facilities.", "text": "Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 15.12.020, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this article on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. This reimbursement provision is supplemental to the provisions relating to reimbursement in the city's subdivision ordinance, Chapter 36 of the Davis Municipal Code and the Subdivision Map Act.", "history": "(Ord. 1549 § 1)" }, { "guid": "44636507", "number": "§ 15.12.050", "title": "Fee adjustments.", "text": "A developer of any project subject to the fee described in Section 15.12.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.", "history": "(Ord. 1549 § 1)" } ] }, { "guid": "44636508", "title": "SPECIAL TAX AND ASSESSMENT DISTRICT LIEN DISCLOSURE", "number": "15.13", "url": "https://ecode360.com/44636508", "sha256": "f2e86d4e9c465d575d0420cdfe7dc1cd27b181674c294d727b721b3d3f0086ac", "exportedArticleSha256": "2210315a7d78c54ecea2df3ee4e314413c1ff8870bc152f9789d7b71b563d517", "sections": [ { "guid": "44636509", "number": "§ 15.13.010", "title": "Disclosure requirements pertaining to districts.", "text": "In connection with proceedings for the formation of Mello-Roos community facilities districts (\"CFD\" or \"CFDs\") and the imposition of special tax liens pursuant thereto and in connection with proceedings for the formation of assessment districts (\"AD\" or \"ADs\") and the imposition of assessment liens pursuant thereto, the following notice and disclosure requirements shall apply:(a) In addition to the notice requirements set forth in the provisions of the laws of the State of California (the \"state\") relating to proceedings of the city to be taken in connection with ADS and CFDS, the city clerk shall post a notice of the pendency of such proceedings and the imposition of special tax liens or assessments liens (as applicable for each such district) against real property located within the city and each such district in a conspicuous and public location within the city's administrative complex during the period beginning with commencement of such proceedings and ending upon completion of all action required to be taken by the city in connection therewith.(b) For new improvement areas to be developed within the city, at the time procedures are commenced by a developer in connection with the processing of plans and maps for each such improvement area by the city, the developer of such improvement area shall be required to disclose whether CFD and/or AD financing will be requested, the estimated amount thereof and the estimated date when CFD or AD proceedings are expected to be commenced. All maps processed by the city for such developments shall have a notation endorsed thereon relating to the proposal to undertake or, if pending, the pendency of, such CFD or AD proceedings.", "history": "(Ord. 1656 § 1)" }, { "guid": "44636512", "number": "§ 15.13.020", "title": "Additional disclosure requirements.", "text": "Upon adoption of any ordinance or resolution of the city providing for the formation of a CFD or an AD and for the levy of special taxes or assessments against property within a development area, the city council may determine, by resolution, that the following additional notice requirements shall apply to the CFD or AD:(a) The city shall send notice of the formation of the CFD or AD to all title insurance and property escrow companies within the city, which notice shall state the maximum amount of the special tax liens or assessment liens that may be levied against the property described therein and the maximum period such levy shall be in effect;(b) The developer and/or owner of such property shall provide the disclosure required to be included with respect to such special tax or assessment lien in the \"white paper\" to be filed with the State Real Estate Commission;(c) The developer and/or owner of such property shall be required to prominently disclose the pendency of such special tax or assessment liens in all sales materials and title reports prepared with respect to all property affected thereby and located within the development;(d) The developer and/or owner of such property shall be required to post a sign approved by the city at a location approved by the city to be maintained at all times during the development of property within the CFD and AD, stating that public infrastructure and improvements have been financed through a CFD or an AD, stating that property located within the CFD or AD is subject to a special tax lien or assessment lien, as the case may be, and stating that information concerning the special tax lien or assessment lien is available at the office of the city treasurer, City of Davis, 23 Russell Boulevard, Davis, California;(e) At any time a resale inspection, certificate of occupancy, report of deficiencies or resale waiver (\"resale inspection\") is issued by the city under this section for any parcel, property or building located within a CFD or an AD created by the city and subject to the provisions of this section, the person obtaining such resale inspection shall also be provided with a notice of special tax lien or assessment lien (as the case may be) pertaining to such parcel, property or building, which notice shall be provided to prospective purchasers of the parcel, property or building and included in any sales agreement in the same manner as required for resale inspections under Section 8.10.020 or 8.10.130 of this Code; and(f) At any time the city treasurer receives notice of a change in billing information and billing address with respect to any person who will be responsible for payment of water and sewer billings in connection with any parcel located within a CFD or an AD which is then subject to a special tax lien or an assessment lien, as the case may be, the city treasurer shall, subject to the express provisions of this section, cause notice of such special tax lien or assessment lien to be delivered to such person at the time such change in billing information and address is received by the city treasurer, and the city treasurer shall request such person to execute and deliver to the city treasurer an acknowledgement of the receipt of such notice.", "history": "(Ord. 1656 § 1)" }, { "guid": "44636519", "number": "§ 15.13.030", "title": "No additional cause of action.", "text": "The provisions of this article provide for notice requirements in addition to those required by state law. While the city believes that such additional notice requirements are in the public interest and are beneficial to prospective purchasers and home owners, no provision or requirement of this article shall establish any additional duty on the part of the city, nor shall the city's failure to comply with any provision of this article create any claim or cause of action whatsoever, in law or equity, or relieve any property owner from any requirement or obligation to pay a special tax or assessment or to take any other action required under or by law or the applicable CFD or AD, or be construed to discharge any special tax or assessment lien lawfully imposed by the city against any real property.", "history": "(Ord. 1656 § 1)" } ] }, { "guid": "44636520", "title": "PARK MAINTENANCE TAX", "number": "15.14", "url": "https://ecode360.com/44636520", "sha256": "9fce2b87436164673f81455dc407999186aa12867b6118f716412a8b3726bbbd", "exportedArticleSha256": "5e04579bc3fbb08a2b018e1ca911913bab2d641c5d76f5a99d66f377be62b4cc", "sections": [ { "guid": "44636521", "number": "§ 15.14.010", "title": "Findings.", "text": "The park maintenance tax currently provides funding to supplement the general fund for the maintenance of community parks, greenbelts, open space, street trees, swimming pools, and related public recreational facilities. The park maintenance tax, which was approved by the voters in 1998, 2002, 2006 and again in 2012 will expire in June of 2018. The further renewal of this special tax, if approved by an affirmative vote of two-thirds of Davis voters, will continue the park maintenance tax for an additional twenty years to provide funding for the maintenance of these facilities and amenities.Our parks and greenbelts reflect the very character of Davis and are instrumental in making Davis the type of community that its citizens appreciate and support. The city council strongly believes that it is in the public interest to continue funding maintenance of the parks, greenbelts, open space, street trees, swimming pools, and public recreational facilities. The special tax renewed and levied herein, if approved by a two-thirds vote of the voters, will continue the existing park maintenance tax for the next twenty years thereby providing a stable revenue source that will continue to pay for a portion of the cost of park maintenance and also adding an annual two percent adjustment to the amount of the tax to assist in accounting for annual inflation.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018; Ord. 2648 § 8, 2023)" }, { "guid": "44636522", "number": "§ 15.14.020", "title": "Legal authority.", "text": "This special tax is levied under each of the following legal authorities: Government Code Section 37100.5, which authorizes general law cities to levy any tax that may be levied by charter cities, subject to voter approval; and Government Code Sections 50075 through 50077, which authorizes cities to impose special taxes. This tax is a special tax authorized under Article 13A, Section 4 of the California Constitution and Proposition 218. This tax is an excise tax and is based, to the extent practicable, upon the use to which a property is put and the benefit that the use of property receives from the public recreational facilities sup-ported by this tax. This tax is based, among other things, on the benefit that different land uses of property receive from the availability of properly maintained parks, open space, greenbelts, medians, public recreational facilities, and street trees. This tax is not a property tax; it is not based on the status of ownership of property; nor is it based on the value of property.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636523", "number": "§ 15.14.030", "title": "Definitions.", "text": "The following terms shall have the following definitions when used in this article:Assessor's parcel or parcelmeans a lot or parcel shown in an assessor's parcel map with an assigned assessor's parcel number.Assessor's parcel mapmeans an official map of the county assessor of the county of Yolo designating parcels by assessor's parcel number.Citymeans the city of Davis as its jurisdictional boundaries exist on July 1st of each year that this tax is in effect.Commercial propertymeans all parcels that are used for nonresidential land uses that do not classify the parcel as industrial property or day care property, as defined below.Common areameans a separate legal or assessor's parcel owned by a common interest development association or as tenants in common by the owners of separate interests in a common interest development provided that the common area: (1) in the case of residential property, cannot be used as an independent residential dwelling unit; or (2) in the case of commercial or industrial property is not improved building space.Day care propertymeans all property that is used as a commercially operated day care center and is not used as a residence.Developed propertymeans, in any fiscal year, all parcels of taxable property with a structure that has been cleared for occupancy before March 1st of the prior fiscal year. For purposes of levying the special tax, each parcel of developed property shall be assigned to one of the land use classes identified in Table 1 below.Fiscal yearmeans the period starting on July 1st and ending the following June 30th.Group living propertymeans all parcels of developed property that have been issued conditional use permits from the city's planning division for a group living use.Improved building spacemeans the greater of: (1) gross building area as shown on building permits issued for any property; or (2) gross building area as measured or determined by an engineer retained by the city.Industrial propertyshall generally include, but not be limited to, all parcels of developed property with a building or structure that is used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations, as classified by the city's planning division.Land use classmeans any one of the six classes listed in Section 15.14.040, Table 1.Maximum special taxmeans the maximum special tax, determined in accordance with Section 15.14.050, that can be levied by the city council in any fiscal year.Multifamily residential propertymeans all parcels of developed property with a residential structure or structures consisting of five or more residential units on a single parcel.Public improvementsmeans those facilities, improvements, and amenities that will be constructed, installed, operated, serviced, maintained, and repaired from proceeds of the special tax and shall include, but not be limited to, the following: public lighting, landscaping, parks, public areas, public recreation-al facilities, open space, and bike trails.Public propertymeans property owned by a public agency, public rights-of-way, unoccupied public utility property and property encumbered with a public or utility easement that makes impractical utilization of the property for other than the public or utility purpose set forth in the easement.Single-family residential propertymeans all parcels of developed property with a residential structure or structures consisting of less than five residential units on a single parcel.Special taxmeans that tax levied pursuant to application of the special tax formula set forth below to pay for the construction, installation, operation, servicing, maintenance, and repair of the public improvements.Taxable propertymeans all assessor's parcels within the city as the boundaries of the city exist on July 1st of each year which are not exempt from the special tax pursuant to law or Section 15.14.090.Vacant landmeans all parcels of taxable property that have either no structures or a structure or structures that have not been cleared for occupancy.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636544", "number": "§ 15.14.040", "title": "Park maintenance tax.", "text": "(a) If approved by the voters, commencing July 1, 2018 for fiscal year 2018-2019, the city shall continue collecting funding for parks, open space, street trees and related public recreational facilities in the form of a special park tax in the manner and at the rates set forth herein.(1) Developed Property. The maximum special tax for all parcels of developed property shall be determined by reference to Table 1 below:Table 1Maximum Special Tax RatesLand Use ClassDescriptionMaximum Special Tax1Single-family residential$49.00 per unit2Multifamily residential$49.00 per unit3Group living$20.00 per resident4Commercial$40.00 per 1,000 square feet of improved building space up to a maximum of 10,000 square feet5Industrial$12.80 per employee up to a maximum of 30 employees6Day care$14.30 per 1,000 square feet of improved building space up to a maximum of 10,000 square feet(2) Vacant Land. The maximum special tax rate for vacant land shall be forty-nine dollars per assessor's parcel.(b) Method of apportionment of the special tax.(1) For fiscal year 2018-2019, the city shall levy the special tax at the maximum tax rates set forth above. For fiscal years 2019-2020 and each fiscal year thereafter, the maximum tax rate shall be increased at the beginning of each fiscal year by two percent. For each fiscal year beginning with the 2019-20 fiscal year, the city council shall set the actual tax rate for the applicable fiscal year, not to exceed the maximum tax rates set forth above as adjusted as set forth in this section and in Section 15.14.060, and the special tax shall be levied at the amount set by the city council.(2) The special tax shall be levied on each parcel of land in the amount determined by reference to this Section 15.14.040:(A) On each parcel of taxable property in Land Use Classes 1 through 6, inclusive.(B) If there is more than one land use class on a parcel, the special tax shall be determined by separately applying the appropriate special tax for each land use class on the parcel and levying the sum total of the combined special taxes.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018; Ord. 2648 § 8, 2023)" }, { "guid": "44636553", "number": "§ 15.14.050", "title": "Collection.", "text": "The park maintenance tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties for non-payment. If necessary to meet financial obligations or if it becomes more cost-efficient as determined by the city council, the city may collect the park maintenance tax in the same manner and at the same time as city taxes, fees and/or charges provided that the total annual tax imposed shall not exceed the maximum amounts set forth in this article.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636554", "number": "§ 15.14.060", "title": "Annual adjustment of tax rate.", "text": "The maximum allowable tax rate shall be increased annually beginning July 1, 2019, by two percent per year unless modified or changed by a further vote of the electorate of the city. There shall be no other cost of living or COLA permitted.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636555", "number": "§ 15.14.070", "title": "Limitation on disposition of revenue.", "text": "Revenues collected under the provisions of this article shall be deposited in a special fund called the park maintenance special tax fund and shall be used only for the operation and maintenance of landscaping, park, open space, median, greenbelt, swimming pools, public recreational facilities and street tree improvements, within the city and for the incidental expenses incurred in the administration of this tax, including, but not limited to, the cost of elections, and the cost of collection.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018; Ord. 2648 § 8, 2023)" }, { "guid": "44636556", "number": "§ 15.14.080", "title": "Exemptions.", "text": "(a) Public property. No special tax shall be levied against public property.(b) Low income exemption. To avoid undue hardship, the city council shall continue the existing low-income refund program subject to such terms and conditions as the city council may, from time to time, determine.(c) Common areas. No special tax shall be levied against common areas.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636560", "number": "§ 15.14.090", "title": "Effective date—Renewal provision.", "text": "(a) This article shall take effect immediately upon its approval by a two-thirds vote of the voters voting in the election called to approve the ordinance codified in this article.(b) If an extension or re-authorization of this article is approved by the voters of the city at an election called for that purpose by or on June 30, 2038, this article shall be extended or re-authorized. If this article is not so extended or re-authorized by the voters, this article shall no longer be in effect.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636563", "number": "§ 15.14.100", "title": "Appeals.", "text": "The imposition of this tax and/or amount of the tax imposed based on the use of property may be appealed to the city council under such procedures as the council shall, by ordinance, adopt. The city council may modify the appeals process from time to time in order to facilitate the hearing and resolution of appeals.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" }, { "guid": "44636564", "number": "§ 15.14.105", "title": "Annual review of expenditures by city advisory commission(s).", "text": "To promote the efficient and effective use of the special tax revenues, the city council shall designate a commission or commissions to review the expenditures of funds collected though this special tax and the proposed expenditures for the next fiscal year. Each designated commission shall make recommendations to the city council to be used during the city's budgeting process and to assist city staff and the city council in proposing and approving the projects that will be funded, in whole or in part, through this special tax. The council may, from time to time, modify the commission(s) that will perform this annual review and the council may also request other city committees or commissions to also review the prior or planned expenditures of revenues from this special tax.", "history": "(Ord. 2521 § 1, 2018)" }, { "guid": "44636565", "number": "§ 15.14.110", "title": "Severability.", "text": "If any sentence, clause, article, section, subsection, phrase or portion of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this article. The voters of the city hereby declare that they would have adopted the remainder of the ordinance codified in this article, including each sentence, clause, article, section, subsection, phrase or portion of said ordinance, irrespective of the invalidity of any other sentence, clause, article, section, subsection, phrase or portion of this article.", "history": "(Ord. 1927 § 1; Ord. 2048 § 1, 2001; Ord. 2074 § 1, 2001; Ord. 2243 § 1, 2006; Ord. 2387 § 1, 2012; Ord. 2521 § 1, 2018)" } ] }, { "guid": "44636566", "title": "SCHOOL MITIGATION FEE", "number": "15.15", "url": "https://ecode360.com/44636566", "sha256": "8b44247f5e84d3185163f121e38231d735869fb0e8d56460c7560ab07a97c911", "exportedArticleSha256": "aeb58b29a55af2278fd6d91a4d748c899fc365d2ec7b0c262bfe740aa2cec072", "sections": [ { "guid": "44636567", "number": "§ 15.15.010", "title": "Purpose.", "text": "The ordinance codified in this article is adopted pursuant to the general powers reserved to the city for the purpose of implementing the goals, policies and objectives of the city's general plan, in the area of school facilities, and mitigating the impacts caused by new residential development upon the school facilities presently or in the future to be located in the city. In general, said goals, policies and objectives require that there be provided to residents of the city adequate school facilities. This article authorizes a fee to be assessed upon the owners developing residential property located within the city in order to provide all or a substantial portion of the funds which will be necessary to construct and install adequate public school facilities and acquire related land. The fee established hereby is the product of a school facilities fee study commissioned by the Davis Joint Unified School District (\"school district\") and it is the intent of the city to implement the resulting fee. It is the purpose of the city to ensure that adequate school facilities are constructed and installed in the city and to protect and promote the public health, safety and welfare by conditioning legislative approvals relating to residential development with a requirement to pay such fee.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636568", "number": "§ 15.15.020", "title": "School mitigation fee.", "text": "(a) A school mitigation fee is hereby established for all residential development projects in the city to finance the cost of the school facilities necessitated by development within the city. The school mitigation fee shall be made a condition of approval of all legislative acts taken in conjunction with the approval of development projects within the city. The city council shall, by resolution, set forth the specific amount of the fee, identify the purpose of the fee, identify the use to which the fee is to be put, demonstrate that there is a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed, demonstrate that there is a reasonable relationship between the need for the school facilities and the type of development project on which the fee is to be imposed, and demonstrate how there is a reasonable relationship between the amount of the fee and the cost of the school facilities, or portion of such school facilities, attributable to the development project on which the fee is imposed.(b) In making the findings pursuant to this article and any other findings, the city council may consider all matters, whether offered orally or in writing, presented at the hearing or hearings conducted for the purpose of establishing or amending the fee, and any and all oral and written material presented to the city council, city planning commission, and the school district in connection with the adoption, approval, or amendment of the general plan, and the school fee analysis.(c) As used in this section, development project means any project undertaken for the purpose of development, exclusive of projects undertaken by public agencies for public purposes, and shall include any permits or approvals from the city for construction of a development project including, but not limited to, a general plan amendment, specific plan or amendment to a specific plan, zoning or rezoning of property, or annexation of property into the city.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636572", "number": "§ 15.15.030", "title": "Exemptions.", "text": "(a) The following shall be exempted from payment of the fees established by this chapter:(1) Alterations, renovations, or expansion of an existing residential building or structure where no additional dwelling units are created and the use is not changed;(2) The replacement of a destroyed or partially destroyed or damaged residential building or structure with a new residential building or structure of the same size and use, within a period of thirty-six months following the original destruction or damage;(3) Any development project which had received all necessary general plan, specific plan, and zoning approvals prior to the effective date of this article;(4) Other exemptions as established by resolution of the city council.(b) Any claim of exemption with respect to the school facilities fee must be made no later than the time for application for fee protest pursuant to Section 15.15.100.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636579", "number": "§ 15.15.040", "title": "Computation of fees.", "text": "(a) The methodologies set forth in the school fee analysis shall be used as the basis to set the amount of school facilities fee pursuant to any resolution referenced under subsection (a) of Section 15.15.020. The amount of the fee due from any landowner shall be calculated from the actual residential uses of land proposed by the landowner at the time a building permit is issued, based upon the fee in effect at that time. Applicants for residential building or other development permits shall include plans and calculations specifying data necessary to calculate the fee.(b) At the time of payment of the school facilities fee, there shall be a credit given for the fee in an amount equal to all other fees, charges, taxes, assessments, dedications, or other impositions which are imposed solely on new residential development in an amount different from pre-existing residential development by the school district to fund and finance the construction of new school facilities.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636582", "number": "§ 15.15.050", "title": "Time and manner of payment of fee.", "text": "(a) The school facilities fee shall be paid directly to the school district for the property on which a residential development project is proposed. The school district shall issue a certificate of payment of the fee in a form acceptable to the city.(b) Evidence of payment of the school facilities fee shall be presented to the city building official, or designee, at the time of the issuance of any required building permit relating to such development or at such other time as may be required by state law or agreed to by the city and the school district.(c) The city and the Davis Joint Unified School District may choose to enter into an arrangement for city collection of the school facilities fee.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636586", "number": "§ 15.15.060", "title": "Deposit in special fund.", "text": "The school facilities fee paid to the school district pursuant to the provisions of this article shall be deposited by the school district in a separate special fund created by the school district specifically to hold the revenue generated by such fee. All collected fees shall be deposited, managed, and maintained pursuant to the provisions of Section 66006 of the Government Code. Moneys within such fund may be used solely for the purposes set forth in this article and any resolution adopted pursuant to this article. In the event the school district fails to comply with the requirements of the section, the city shall have the right to institute legal proceedings to compel such compliance and city may suspend collection of the fee.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636587", "number": "§ 15.15.070", "title": "Use of funds.", "text": "Funds collected by the school district from the school facilities fee and deposited in the special fund established pursuant to Section 15.15.060 shall be used by the school district for the following purposes:(a) Paying or financing of the construction, installation, acquisition, or purchase of the actual or estimated costs of school facilities described in the resolution or resolutions adopted pursuant to subsection (a) of Section 15.15.020.(b) Providing refunds as described in Section 15.15.080.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636590", "number": "§ 15.15.080", "title": "Refunds of fees paid.", "text": "If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fees paid as a condition for its issuance. The fee payer shall submit an application for such a refund to the school district within ninety calendar days following the expiration of the permit. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636591", "number": "§ 15.15.090", "title": "Fee adjustments.", "text": "A developer of any project subject to the fee described in subsection (c) of Section 15.15.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the request for reduction, adjustment, or waiver. The city shall provide a copy of the application to the school district as soon as is practicable and the school district shall have an opportunity to submit responses to the same prior to the time set for the hearing. The city council shall consider the application at the public hearing on the permit application. Subject to the right to protest, the decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the adjustment, reduction, or waiver of the fee.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636592", "number": "§ 15.15.100", "title": "Fee protests.", "text": "Any landowner, developer or other aggrieved party may file a protest of the school impact fee provided for herein in the manner provided and within the times provided for in Sections 66020 and 66021 of the Government Code. For the purposes of determining the applicable time and limitations periods set for this Government Code Section 66002, the date of the imposition of fees under this article shall be the date of the earliest legislative approval by the city of the development project upon which the fees are imposed as a condition of approval of the project.", "history": "(Ord. 1950 § 1)" }, { "guid": "44636593", "number": "§ 15.15.110", "title": "Review and adjustment of fees.", "text": "(a) The city council, by resolution, may revise the school facilities fee, from time to time, to take into account any changes in school construction costs, land values, student generation rates, and the school fee analysis. Any revision in said fees or other matter set forth in this section shall be consistent with the school impact fee program and the school fee analysis.(b) On an annual basis, the school district shall review the fees to determine whether the fee amounts are reasonable related to the burden of developments and whether the described public facilities are still needed.(c) No later than sixty days following the end of the fiscal year, the school district shall prepare the report or reports required by Government Code Section 66006. Said report or reports shall be made available to the public and reviewed at a public meeting conducted by the school district pursuant to Government Code Section 66006.(d) The school district shall provide copies of the same to the city clerk by or before the time required by subsection (b) of Government Code Section 66006. Thereafter, the city clerk shall submit the reports and the school district's review and findings to the city council. The council may, be is not required to hold a noticed public hearing on the reports from the school district.", "history": "(Ord. 1950 § 1)" } ] }, { "guid": "44636598", "title": "LOW INCOME REFUND PROGRAM FOR CITY SPECIAL TAXES", "number": "15.16", "url": "https://ecode360.com/44636598", "sha256": "f2d7f2cd6bdbeef37b446c054d9c4a15456afc68aa96e6e1827d9f6283cb0247", "exportedArticleSha256": "dfeecc1433acfd2987498766af44663a9d55e518bf210c3e13bd03523e1be204", "sections": [ { "guid": "44636599", "number": "§ 15.16.010", "title": "Findings.", "text": "(a) To avoid undue hardship on low-income homeowners, the Davis city council hereby enacts a \"low income refund program\" for city special taxes.(b) The parks maintenance special tax and the open space protection special tax include provisions requiring the city to enact a low income refund program for each tax. The program established by this article implements these requirements.(c) This article pertains to the following City of Davis special taxes: parks maintenance special tax and open space protection special tax.(d) Qualification for refund under this article automatically qualifies a homeowner for refund of each special tax listed in subsection (c) of this section.", "history": "(Ord. 1986 §1; Ord. 2081 § 1, 2002)" }, { "guid": "44636604", "number": "§ 15.16.020", "title": "Definitions.", "text": "The following terms shall have the following definitions when used in this article:Household membermeans any and all persons who reside in, dwell or inhabit the named parcel at any time during the tax year for which a refund is requested, and, or all parties named as owner or co-owner on the assessor's parcel tax role even if they did not occupy the residence during the tax year for which the refund is requested. Co-owners are considered household members whether or not they reside in the home.Homeownermeans the owner-occupant of a parcel located within the City of Davis who is listed as the owner on the assessor's parcel tax role, or a resident-owner in a \"limited equity housing cooperative\" (LEC).Limited equity housing cooperative (LEC)means a cooperative owned by a non-profit corporation or non-profit housing sponsor, where the resident-owners own the cooperative as an undivided whole, rather than as individual units, with the exclusive right to occupy a specific unit within the cooperative, and, where the resident-owner must be bought out of their ownership to separate from the LEC. For purposes of providing a low income refund of the park tax, an LEC is the functional equivalent of a condominium.Low-incomemeans the maximum, total combined household income for the tax year in which an application for a refund is filed under the low income refund program, does not exceed fifty percent of the median income adjusted for household size for Yolo County as established by the State Department of Housing and Community Development for the previous May.Total combined household incomemeans wages, tips, social security, interest, dividends, pensions, SSI/SSP, rental income, capital assets income for all household members for the tax year for which the refund is requested.", "history": "(Ord. 1986 § 1; Ord. 2081 § 1, 2002)" }, { "guid": "44636610", "number": "§ 15.16.030", "title": "Low income refund program.", "text": "(a) The low income refund program allows for reimbursement of the park maintenance and open space protection special taxes paid on a specific parcel for a specific tax year to eligible homeowners who meet the low-income requirements and who file a complete application packet for reimbursement during the filing period for that specific tax year. This is an annual refund program, not an exemption from the tax.(1) A new application must be filed each year to request reimbursement.(2) Applicants must meet the eligibility requirements and qualifications each year they file.(b) Eligibility requirements.(1) The applicant must be a \"homeowner,\" for the tax year in which the refund is requested, and attest to same in the application.(2) The applicant must provide proof of the total combined household income by submitting a complete copy of the federal income tax return for the prior tax year for all household members. Any household member who did not file a federal return, shall submit a complete California Home-owners Exemption Franchise Tax Board Form 9000 for the year in which the refund is requested.(3) The special park maintenance and open space protection taxes for the parcel must not be delinquent as determined by the Yolo County year-end assessment report.(4) The application must be signed or co-signed by the owner or owners.(c) Qualifications for a low-income refund. The total combined household income must not exceed the low-income limit for the applicant's household size established for that tax year.", "history": "(Ord. 1986 § 1; Ord. 2081 § 1, 2002)" }, { "guid": "44636620", "number": "§ 15.16.040", "title": "Disbursement of a refund.", "text": "The Treasurer is hereby authorized to disburse a refund of the special park maintenance and open space protection taxes to eligible homeowners who qualify for the LIRP each tax year.", "history": "(Ord. 1986 § 1; Ord. 2081 § 1, 2002)" }, { "guid": "44636621", "number": "§ 15.16.050", "title": "Effective date—Sunset provision.", "text": "This article shall remain in effect as long as at least one special tax listed in Section 15.16.010(c) remains in effect. This article shall be of no further force and effect on the date that all special taxes listed in Section 15.16.010(c) are no longer in effect.", "history": "(Ord. 1986 § 1; Ord. 2081 § 1, 2002)" } ] }, { "guid": "44636622", "title": "OPEN SPACE PROTECTION TAX", "number": "15.17", "url": "https://ecode360.com/44636622", "sha256": "eeff756f22bdf790f4793406160efc5b655c238b229de8fd48e3d84abd51a679", "exportedArticleSha256": "1d258a19960a32400bc48104a10069afc9746536c0e07dc3e29eb0dfebbce847", "sections": [ { "guid": "44636623", "number": "§ 15.17.010", "title": "Findings.", "text": "The City of Davis has been committed to the protection of natural resources, sensitive habitat, and agricultural lands surrounding the community for more than thirty years. Implementation of these long standing general plan policies has taken place through land acquisition activities that began in 1988 as part of the Davis open space program. This innovative acquisition program has been funded primarily through grant funding and agricultural mitigation in-lieu fees paid by development projects. The city has protected over two thousand four hundred acres of sensitive habitat and prime agricultural lands in perpetuity through these funding sources.Though the city has been successful in protecting open space, acquisitions to date have been dependant on transitory and speculative funding sources. Development related funding is expected to play a minor role in the future and the competition for grant funding is increasing. In addition, the projected growth in the Sacramento region and along the I-80 corridor in the next twenty years will place extraordinary development pressure on lands surrounding and between existing communities. The City of Davis recognizes that in order to counter these growth pressures and protect the character of the community, a comprehensive open space protection program is necessary. The cornerstone of such a program is a stable local funding sources that provides acquisition and management monies for open space protection. This local backing shows potential grant funding sources that Davis is committed to a sustainable future and that support of its open space program is a wise investment.The citizens of Davis have long understood that the character of the community is directly connected to lands within which the community resides. The relationship between the city and the surrounding agricultural lands is a cornerstone of the policies set forth in the city's general plan. It is within this context, and in consideration of projected growth in the Sacramento region, that the community will vote on this special tax designed to protect those resources that help define Davis.The special tax levied in this article, if approved by two-thirds of the voters voting on the special tax will provide revenue for the acquisition, operation, and maintenance of lands and easements for open space, habitat and agricultural uses and preservation in the areas surrounding the city.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636624", "number": "§ 15.17.020", "title": "Legal authority.", "text": "This special tax is levied under each of the following legal authorities: Government Code Section 37100.5 which authorizes general law cities to levy any tax that may be levied by charter cities, subject to voter approval; Government Code Sections 50075 through 50077 which authorizes cities to impose special taxes. This tax is a special tax authorized under Article 13A, Section 4 of the California Constitution and Proposition 218. This tax is an excise tax and is based, to the extent practicable, upon the to which a property is put and the benefit that the use of property receives from the public facilities supported by this tax. This tax is based, among other things, on the benefit that different land uses of property receive from the protection of limited natural resources, sensitive habitat, and the general quality of life as it relates to the attraction and retention of high quality businesses and the economic health of the community. This tax is not a property tax; it is not based on the status of ownership of property; nor is it based on the value of property.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636625", "number": "§ 15.17.030", "title": "Definitions.", "text": "The following terms shall have the following definitions when used in this article:Assessor's parcel or parcelmeans a lot or parcel shown in an assessor's parcel map with an assigned assessor's parcel number.Assessor's parcel mapmeans an official map of the county assessor of the county of Yolo designating parcels by assessor's parcel number.Citymeans the City of Davis as its jurisdictional boundaries exist on July 1st of each year that this tax is in effect.Commercial propertymeans all parcels that are used for nonresidential land uses that do not classify the parcel as industrial property of day care property, as defined below.Common areameans a separate legal or assessor's parcel owned by a common interest development association or as tenants in common by the owners of separate interests in a common interest development provided that the common are: (1) in the case of residential property, cannot be used as an independent residential dwelling unit; or (2) in the case of commercial or industrial property is not improved building space.Day care propertymeans, all property that is used as a commercially-operated day care center and is not used as a residence.Developed propertymeans, in any fiscal year, all parcels of taxable property with a structure that has been cleared for occupancy before March 1st of the prior fiscal year. For purposes of levying the special tax, each parcel of developed property shall be assigned to one of the land use classes identified in Section 15.17.040, Table 1.Fiscal yearmeans the period starting on July 1st and ending the following June 30th.Group living propertymeans all parcels of developed property that have been issued conditional use permits from the city's planning division for a group living use.Improved building spacemeans the greater of: (1) gross building area as shown on building permits issued for any property, or (2) gross building area as measured or determined by an engineer retained by the city.Industrial propertyshall generally include, but not be limited to, all parcels of developed property with a building or structure that is used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations, as classified by the city's planning division.Land use classmeans any one of the six classes listed in Section 15.17.040, Table 1.Maximum special taxmeans the maximum special tax, determined in accordance with Section 15.17.040, that can be levied by the city council in any fiscal year.Multifamily residential propertymeans all parcels of developed property with a residential structure or structures consisting of five or more residential units on a single parcel.Open spacemeans land in a predominantly natural state or altered for natural resources based uses (i.e., farming, parks), and may include, but is not limited to, riparian areas, agricultural lands, watersheds, forests, floodplains, and habitat areas. For the purpose of this article, the definition of parks shall be limited to those areas providing recreational opportunities where the use is consistent with the primary use of the property (e.g., protection of agricultural resources, wildlife habitat, natural resources, etc.).Operation, maintenance and monitoringmeans the operation, construction, or maintenance of facilities necessary to the conservation and continued use of the open space lands acquired by the city in fee or easement and to restore or enhance the use of these lands for their designated open space purposes and may include, but is not limited to, the construction of facilities to permit, in the appropriate locations, public access to and viewing of wildlife, habitat, riparian lands, and other open space uses.Permanently affordable housingmeans an affordable single-family or multifamily dwelling unit, as defined in the City of Davis affordable housing ordinance, that is affordable in perpetuity and subject to an agreement between the developer and the city to maintain affordability. Such agreement shall be recorded. In the case of rental units, permanently affordable units must be subject to rental screening and affordable rental maintenance.Public propertymeans property owned by a public agency, public rights-of-way, unoccupied public utility property and property encumbered with a public or utility easement that makes impractical utilization of the property for other that the public or utility purpose set forth in the easement.Single-family residential propertymeans all parcels of developed property with a residential structure or structures consisting of less than five residential units on a single parcel.Special taxmeans that tax levied pursuant to application of the special tax formula set forth in table 1 below and consistent with the disposition of the resulting revenue as established in Section 15.17.070.Taxable propertymeans all assessor's parcels within the City of Davis as the boundaries of the city exist on July 1st of each year which are not exempt from the special tax pursuant to law or Section 15.17.080.Vacant landmeans all parcels of taxable property that have either no structure or structures that have not been cleared for occupancy.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636648", "number": "§ 15.17.040", "title": "Open space protection tax.", "text": "(a) If approved by the voters, commencing July 1, 2001 for fiscal year 2001-2002, the city shall collect funding for the acquisition, operation and maintenance of open space and related public facilities necessary for operation of the land as open space in the form of a special open space tax in the manner and at the rates set forth herein.(1) Developed Property. The maximum special tax for all parcels of developed property shall be determined by reference to Table 1 below:Table 1Maximum Special Tax RatesLand Use ClassDescriptionMaximum Special Tax1Market rate single-family residential$24.00 per unit2Market rate multifamily residential$24.00 per unit3Permanently affordable single-family$12.00 per unit4Permanently affordable multifamily$8.00 per unit5Group living$10.00 per resident6Commercial$20.00 per 1,000 square feet of improved building space up to a maximum of 10,000 square feet7Industrial$6.40 per employee up to a maximum of 30 employees8Day care$7.15 per 1,000 square feet of improved building space up to a maximum of 10,000 square feet(2) Vacant Land. The maximum special tax rate for vacant land shall be twenty-four dollars per assessor's parcel.(b) Method of apportionment of the special tax.(1) The special tax shall be levied on each parcel of land in the amount determined by reference to this Section 15.17.040.(2) If there is more than one land use class on a parcel, the special tax shall be determined by separately applying the appropriate special tax for each land use class on the parcel and levying the sum total of the combined special taxes.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636655", "number": "§ 15.17.050", "title": "Collection.", "text": "The open space preservation tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties for non-payment. If necessary to meet financial obligations or if it becomes more cost-efficient, as determined by the city council, the city may collect the open space preservation tax in the same manner and at the same time as city taxes, fees and/or charges provided that the total annual tax imposed shall not exceed the maximum amounts set forth in this article.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636656", "number": "§ 15.17.060", "title": "No adjustment of tax rate.", "text": "The tax rates set forth in this article shall be the maximum allowable tax rates permitted unless modified or changed by a further vote of the electorate of the city. There shall be no cost of living or COLA permitted.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636657", "number": "§ 15.17.070", "title": "Limitation on disposition of revenue.", "text": "Revenues collected under the provisions of this article shall be deposited in a special fund called the open space preservation special tax fund. The special tax fund shall be used only for the following purposes:(a) Acquisition in fee or easement of open space lands within the Davis planning area;(b) For the improvement, operation, maintenance and/or monitoring of open space lands currently owned by the city in fee or easement of acquired by the city in the future, including, but not limited to, the restoration, enhancement and preservation of habitat areas, maintenance of open space lands, and monitoring of habitat and agricultural conservation easements;(c) For the acquisition, improvement, and operation of only those bicycle trails designed to connect Davis to open space areas outside the city and with other regional bicycle facilities;(d) For the construction and maintenance of facilities necessary to preserve or enhance open space properties for open space purposes (i.e., the construction of maintenance of water wells and irrigation systems to serve the property and land uses, the creation and/or maintenance of access facilities where appropriate to promote public education and enjoyment of the open space, etc.); and(e) For the incidental expenses incurred in the administration of this tax, including, but not limited to, the cost of elections, and the cost of collection. Revenues may be used to operate, maintain and monitor properties owned in fee or easement jointly by the city and other public agencies and/or land trusts whose mission includes the preservation of open space lands within the Davis planning area.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636663", "number": "§ 15.17.080", "title": "Exemptions.", "text": "(a) Public property. No special tax shall be levied against public property.(b) Low-income exemption. To avoid undue hardship, the city council shall, by ordinance, adopt a low income refund program subject to such terms and conditions as the city council may, from time to time, determine.(c) Common areas. No special tax shall be levied against common areas.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636667", "number": "§ 15.17.090", "title": "Effective date—Sunset provision.", "text": "(a) This article shall take effect immediately upon its approval by a two-thirds vote of the voters voting in the election called to approve the ordinance codified in this article.(b) This article shall remain in effect only until June 30, 2031 and as of that date this article is repealed unless an extension or re-authorization of this article is approved by the voters of the city at an election called for that purpose.", "history": "(Ord. 2033 § 1, 2000)" }, { "guid": "44636670", "number": "§ 15.17.100", "title": "Appeals.", "text": "The imposition of this tax and/or the amount of the tax imposed based on the use of property may be appealed to the city council under such procedures as the council shall, by ordinance, adopt. The city council may modify the appeals process from time to time in order to facilitate the hearing and resolution of appeals.", "history": "(Ord. 2033 § 1, 2000)" } ] }, { "guid": "44636671", "title": "DAVIS VISITOR ATTRACTION DISTRICT", "number": "15.18", "url": "https://ecode360.com/44636671", "sha256": "ded479597b08a4378d5d407792b34c4d21456c6bcd5eee0b3176ae5e9b3f81c0", "exportedArticleSha256": "2deb270ee6c65b120687329451f37fba885f51425b3f9b37daff0fec0fbbc0de", "sections": [ { "guid": "44636672", "number": "§ 15.18.010", "title": "Authority.", "text": "The Davis visitor attraction district is established pursuant to the authority of the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., of the California Streets and Highways Code.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636673", "number": "§ 15.18.020", "title": "Purpose.", "text": "The city established the Davis visitor attraction district for the purpose of increasing visitors to the visitor attraction district thereby directly benefiting all hotels within the district. This visitor attraction district will increase the desirability of holding conferences and other events in the city increasing the long-term viability of the visitor attraction district. The authorized uses to which the revenue proceeds shall be put are as follows:(a) General promotion of business activities and visitor-oriented programs within the visitor attraction district, including the development of program materials, visitor guides, and the creation of linkages with event sponsors to support additional conferences and events;(b) Promotion of public events which are to take place on or in public places within the visitor attraction district;(c) Furnishing of music in any public place in the visitor attraction district;(d) Decoration of any public place in the visitor attraction district; and(e) Promotion and participation in conferences, activities and events on the University of California, Davis campus to the extent that the conference, activity or event will promote visitor attraction within the visitor attraction district and benefit the hotels located within the visitor attraction district.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636679", "number": "§ 15.18.030", "title": "Definitions.", "text": "As used in this article:Assessmentmeans a levy for the purpose of providing services and programs which will benefit the district.Beneficiary or beneficiariesmeans all hotels in the City of Davis.Districtmeans the Davis visitors attraction district.Hotelis defined in Section 15.05.010 as the following: \"Any structure or portion of any structure, which is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.\"", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636684", "number": "§ 15.18.040", "title": "Boundaries of visitor attraction district.", "text": "The boundaries of the Davis visitor attraction district shall be the legal boundaries of the City of Davis, Yolo County, California.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636685", "number": "§ 15.18.050", "title": "Expansion of district—University of California, Davis.", "text": "The boundaries of the Davis visitor attraction district may be expanded to included properties within the University of California, Davis campus that are located within the unincorporated area of the County of Yolo, with the consent of the university and the consent of the County of Yolo, pursuant to the requirements of the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., of the California Streets and Highways Code. With the consent of the University and upon approval by the County of Yolo, those hotels located within the University of California, Davis campus shall become beneficiaries under this article and shall pay assessments as provided for in the article in the same manner and in the same amounts as hotels located within the incorporated boundaries of the city.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636686", "number": "§ 15.18.060", "title": "Applicability and findings of benefit.", "text": "It is found that beneficiaries will benefit from the provision of eligible visitor-oriented promotional activities in varying degrees. Assessments applied to beneficiaries will be established in relation to the amount of and cost of room rentals as shown by the amount of transient occupancy tax generated by the beneficiaries. The benefit derived by this visitor attraction district is directly related to the number and cost of room rentals. Therefore, the assessment is a reasonable and proper spread.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636687", "number": "§ 15.18.070", "title": "Business subject to assessment.", "text": "(a) Only businesses that benefit from overnight visits shall be assessed. All hotels that are licensed to operate in the city shall be subject to the assessment.(b) New hotels shall not be exempt from the levy of the assessment.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636690", "number": "§ 15.18.080", "title": "Computation of assessment.", "text": "The assessment for each hotel shall be two percent of the rent charged by the hotel operator and shall be computed in the same manner as the transient occupancy tax, as established by Ordinance 367 (1964) as amended.", "history": "(Ord. 2019 § 1, 2000; Ord. 2446 § 1, 2015)" }, { "guid": "44636691", "number": "§ 15.18.090", "title": "Time and manner of collecting assessments.", "text": "Assessments are payable at the city finance department quarterly at the same time and in the same manner as payment of transient occupancy tax. Assessments not received within thirty days from the date on which they are due, the \"delinquent date,\" unless under appeal consideration, shall be subject to a late penalty of ten percent of the amount due for the period. An additional penalty of ten percent of the amount due for the period is due if the assessments are not paid within thirty days after delinquent date. In addition, if payment of the assessment is not made by the delinquent date, interest will be due calculated at one-half of one percent per month or fraction thereof on the assessment (exclusive of penalties).", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636692", "number": "§ 15.18.100", "title": "Use of assessments.", "text": "Assessments imposed by this article are not for the purpose of obtaining funds to acquire or construct capital improvements. Assessments shall only be used for the purposes set out in Section 15.16.020 and shall not be used to provide improvements or activities outside the boundaries or for any purpose other than the purposes specified in Section 15.16.020.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636693", "number": "§ 15.18.110", "title": "Amendment and modification procedure.", "text": "(a) Establishment or modification of beneficiaries. The city council may establish additional beneficiaries or modify the beneficiaries following the same procedure as provided by Streets and Highways Code Section 36520 et seq., for the establishment of a parking and business improvement area.(b) Changes in assessments or uses. The city council may make changes in the assessments or in the uses to which the revenue shall be put as provided by Streets and Highways Code Section 36520 et seq.(c) Disestablishment of program. The city council may disestablish the program by ordinance after a hearing before the city council as provided by Streets and Highways Code Section 36520 et seq., for the disestablishment of a parking and business improvement area.(d) Amendment of the Parking and Business Improvement Area Law of 1989. Businesses covered by this article shall be subject to any amendments to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq.,", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636698", "number": "§ 15.18.120", "title": "Accountability and disposition of assessments.", "text": "All revenues received under this article shall be deposited by the director of the city finance department into a special fund of the city. No moneys shall be disbursed from this fund except for the purposes set forth in this article.The city council shall consider a recommended budget of the estimated expenditures for use of the program revenues on an annual basis. The city council may contract with an independent agent(s) for administration of the revenue proceeds in accordance with an approved budget.", "history": "(Ord. 2019 § 1, 2000)" }, { "guid": "44636699", "number": "§ 15.18.130", "title": "Voluntary contribution.", "text": "Any business which is exempt from the payment of assessments imposed by this article may make a voluntary contribution to the fund established by this article.", "history": "(Ord. 2019 § 1, 2000)" } ] }, { "guid": "44636700", "title": "TRANSACTIONS AND USE TAX", "number": "15.19", "url": "https://ecode360.com/44636700", "sha256": "fb1c7fe22f27eabacd3c3ab12fd2b8e37007b9b2b17ddbaf47e12707ae0107ee", "exportedArticleSha256": "232c25c98ff56bd9c39cf6b02cca67b568762c3a99259ed8f3de1fa457086d17", "sections": [ { "guid": "44636701", "number": "§ 15.19.010", "title": "Title.", "text": "This article shall be known as the City of Davis Transactions and Use Tax Ordinance. The City of Davis hereinafter shall be called \"city.\" This article shall be applicable in the incorporated territory of the city.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014)" }, { "guid": "44636702", "number": "§ 15.19.020", "title": "Operative date.", "text": "Operative date means the first day of the first calendar quarter commencing more than one hundred ten days after the adoption of the ordinance codified in this article, the date of such adoption being as set forth below.", "history": "(Ord. 2138 § 1, 2005; Ord. 2353 § 1, 2010; Ord. 2432 § 1, 2014)" }, { "guid": "44636703", "number": "§ 15.19.030", "title": "Purpose.", "text": "The ordinance codified in this article is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:(a) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the city to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.(b) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.(c) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes.(d) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this article.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2660, 11/5/2024)" }, { "guid": "44636708", "number": "§ 15.19.040", "title": "Contract with state.", "text": "Prior to the operative date, the city shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the city shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2563 § 1, 2019)" }, { "guid": "44636709", "number": "§ 15.19.050", "title": "Transactions tax rate.", "text": "For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of two percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of the ordinance codified in this article.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2660, 11/5/2024)" }, { "guid": "44636710", "number": "§ 15.19.060", "title": "Place of sale.", "text": "For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2563 § 1, 2019)" }, { "guid": "44636711", "number": "§ 15.19.070", "title": "Use tax rate.", "text": "An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this article for storage, use or other consumption in said territory at the rate of two percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2660, 11/5/2024)" }, { "guid": "44636712", "number": "§ 15.19.080", "title": "Adoption of provisions of state law.", "text": "Except as otherwise provided in this article and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this article as though fully set forth herein.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014)" }, { "guid": "44636713", "number": "§ 15.19.090", "title": "Limitations on adoption of state law and collection of use taxes.", "text": "In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:(a) Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. However, the substitution shall not be made when:(1) The word \"State\" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.(2) The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this article.(3) In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:(A) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or(B) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that Code.(4) In Section 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.(b) The word \"City\" shall be substituted for the word \"State\" in the phrase \"retailer engaged in business in this State\" in Section 6203 and in the definition of that phrase in Section 6203.(1) \"A retailer engaged in business in the district\" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars. For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014; Ord. 2563 § 1, 2019; Ord. 2660, 11/5/2024)" }, { "guid": "44636723", "number": "§ 15.19.100", "title": "Permit not required.", "text": "If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this article.", "history": "(Ord. 2138 § 1, 2005; Ord. 2432 § 1, 2014)" }, { "guid": "44636724", "number": "§ 15.19.110", "title": "Exemptions and exclusions.", "text": "(a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.(b) There are exempted from the computation of the amount of transactions tax the gross receipts from:(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government.(2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this subsection (b)(2) delivery to a point outside the city shall be satisfied:(A) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and(B) With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.(3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this article.(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this article.(5) For the purposes of subsections (b)(3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.(c) There are exempted from the use tax imposed by this article, the storage, use or other consumption in this city of tangible personal property:(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.(2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.(3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this article.(4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of the ordinance codified in this article.(5) For the purposes of subsections (c)(3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.(6) Except as provided in subsection (c)(7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer.(7) \"A retailer engaged in business in the city\" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.(d) Any person subject to use tax under this article may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.", "history": "(Ord. 2432 § 1, 2014)" }, { "guid": "44636743", "number": "§ 15.19.120", "title": "Amendments.", "text": "All amendments subsequent to the effective date of the ordinance codified in this article to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this article; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this article.", "history": "(Ord. 2432 § 1, 2014)" }, { "guid": "44636744", "number": "§ 15.19.130", "title": "Enjoining collection forbidden.", "text": "No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this article, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.", "history": "(Ord. 2432 § 1, 2014)" }, { "guid": "44636745", "number": "§ 15.19.140", "title": "Severability.", "text": "If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.", "history": "(Ord. 2432 § 1, 2014)" }, { "guid": "44636746", "number": "§ 15.19.150", "title": "Annual review.", "text": "As part of the city's annual budget process, city staff shall review the tax revenues collected pursuant to this article.", "history": "(Ord. 2563 § 1, 2019)" } ] }, { "guid": "44636747", "title": "LIVING WAGE", "number": "15.20", "url": "https://ecode360.com/44636747", "sha256": "8f9ca12ed3727db41869b02f7a3454b6d4f2c927064ab7844b89bddfdf3687ea", "exportedArticleSha256": "7ff05e7c3e5362f69779acf8de0b46ce1655f709e3597abc5f8e097fced75524", "sections": [ { "guid": "44636748", "number": "§ 15.20.010", "title": "Title.", "text": "This article shall be known and may be cited as the \"City of Davis Living Wage Ordinance.\"", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636749", "number": "§ 15.20.020", "title": "Purpose and findings.", "text": "(a) The purpose of this article is to protect the public health, safety and welfare, by ensuring city employees, employees of city service contractors, and employees of other businesses who receive funding from the city earn an hourly wage that is sufficient to enable one working parent with one dependent to live with dignity and economic self-sufficiency.(b) The city contracts with many businesses and organizations to provide services to the public, and construct necessary public improvements, for the purpose of enhancing quality of life, promoting economic development and job growth. Such public expenditures should also be spent to set a community economic standard that permits workers to live out of poverty. The city council finds that the use of city funds to provide living wage jobs will decrease poverty, increase consumer income, and reduce the need for taxpayer funded social service programs.(c) In adopting the City of Davis Living Wage Ordinance, the city seeks to further its goal of promoting a standard of living for all city employees and employees of city service contractors which will, in time, provide employees with the ability to live in the community in which they work.(d) The city council of the City of Davis finds as follows:(1) The City of Davis awards contracts to private firms and other businesses to provide services to the public and to city government; and(2) The City of Davis has a limited amount of taxpayer resources to expend; and(3) The use of taxpayer dollars to promote sustenance and creation of living wage jobs will increase consumer income, decrease levels of poverty and reduce the need for taxpayer-funded social programs in other areas; and(4) When city funds are used to contract for services, such contracts should demonstrate an effort to promote an employment environment that enhances the general quality of life within the community and maximizes the productive effect of the city's limited resources; and(5) The city's use of contractors that do not provide health insurance to their employees can result in imposing the costs of their medical care on the public; and(6) That employees are far likelier to be healthy if their employer provides reasonable health insurance to them and their dependents; and(7) Not-for-profit employers should be granted special consideration for compliance with the living wage so as not to reduce the levels of service provided to the community; and(8) City regulations requiring the payment of a living wage are intended to work in harmony with other city regulations such as the city's prevailing wage regulations designed to address the economic needs of low wage workers in the city.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636762", "number": "§ 15.20.030", "title": "Definitions.", "text": "The following words and phrases whenever used in this article shall be construed as defined in this section:Citymeans the City of Davis and all city agencies.City-funded employermeans all persons that receive from the city direct assistance in the form of grants, loans, or loan guarantees, in-kind services, waivers of city fees, real property or other valuable consideration in the amount of more than one hundred thousand dollars in any twelve-month period.Employeemeans any individual employed by an employer unless he or she spends less than twenty-five percent of his or her work time on work arising from a service contract, including subcontracts therefrom.Employermeans those persons identified in Section 15.20.040, except that no person other than the city shall be deemed an employer until they receive a new contract, franchise, or financial aid from or through the city. For these purposes the term \"new\" includes any arrangement entered into after this Ordinance was introduced, or any amendment, extension or renewal of a preexisting arrangement. A subcontractor shall be deemed to have received a new contract through the city when the person to whom it is subcontracting receives a new city contract.Non-profit shallmean a non-profit organization described in Section 501(c)(3) of the Internal Revenue Code.Personmeans any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.Service contractmeans a contract given a contractor by the city for the furnishing of services to or for the city. Service contracts include without limitation to security guard, janitorial, waste management, landscaping, tree-trimming, and equipment maintenance services. Service contracts do not include those contracts in which services are incidental to the delivery of products, equipment or commodities.Service contractormeans any person that enters into a service contract as hereafter defined in an amount equal to or greater than twenty-five thousand dollars.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636771", "number": "§ 15.20.040", "title": "Persons subject to this article.", "text": "The following persons shall comply with the minimum compensation standards established by this article:(a) The following persons, provided they employ more than six employees:(1) The City of Davis, including all its agencies, departments and offices.(2) For-profit service contractors which receive contract(s) for twenty-five thousand dollars or more from the city in a twelve-month period. Compliance shall be required during the term of the city contract(s).(3) Subcontractors of any of the persons described in subsection (a)(2) of this section that receive twenty-five thousand dollars or more, in a twelve-month period, for services provided on a city contract.(b) The following persons, provided they employ more than twenty-five employees:(1) Non-profit service contractors which receive contracts from the city of one-hundred thousand dollars or more in a twelve-month period. Compliance shall be required during the term of the city contract. All non-profit organizations subject to the provisions of this article shall be exempted from the wage requirements for the first three years following adoption of the ordinance codified in this article, unless such organizations agree with the city to comply earlier.(2) Recipients of city franchises which receive more than five-hundred thousand dollars or more in annual gross receipts within the city.(3) Public agencies that receive contract(s) for one-hundred thousand dollars or more from the city in a twelve-month period.(c) For the purposes of determining the number of employees employed, the number of employees shall be determined by the most recent payroll period at the time the city contract is executed, provided however, that if the city contract requires that the person hire additional employees, or if the bid or proposal to the city states that additional employees will be hired to provide work under the city contract, then the number of employees shall be the total of the number of employees at the time the contract is executed plus the additional employees hired to provide the contracted services to the city.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636781", "number": "§ 15.20.050", "title": "Waivers.", "text": "(a) Any employer may request a waiver from the requirements of this article by providing a written waiver request to the city manager or designee explaining with specificity why such employer is unable to satisfy all or any part of the requirements set forth herein. Upon review of the request, the city manager or designee may recommend a waiver to the city council; provided, that:(1) The request sets forth the reasons for the employer's inability to comply with the provisions of this article, including a complete cost accounting for the proposed work to be performed, including an itemization of the wages and benefits to be paid to all employees.(2) The employer demonstrates that the waiver: (A) will further the interests of the City of Davis in providing positions that provide a living wage or a total compensation package that is the equivalent of a living wage or will train employees so that they will have the skills for such positions; and (B) will not be used to replace or displace existing positions or employees or to lower the wages of current employees.(b) The city council may grant a waiver only upon a finding and determination that the employer has demonstrated economic hardship and/or that the waiver will further the interests of the City of Davis by providing positions that provide a living wage or a total compensation package that is the equivalent of a living wage or will train employees so that they will have the skills for such positions, and will not be used to replace or displace existing positions or employees or to lower the wages of current employees. In considering a waiver request, partial waivers targeting the specific hardship issue are to be favored over blanket waivers.(c) No waiver shall be granted for more than one twelve-month period. At the end of the twelve-month period, the employer may submit a request to the city manager or designee for a new waiver. Any such additional waiver shall explain why the circumstances supporting the initial or later waiver was not cured or corrected during the preceding twelve-month period.(d) The city council of the City of Davis reserves the right to waive the requirements of this article upon a finding and determination by the city council that a waiver is in the best interests of the City of Davis.(e) All of the provisions of this article, or any part hereof, may be waived by a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636789", "number": "§ 15.20.060", "title": "Compensation.", "text": "Except as otherwise provided in this article, an employer subject to this article shall provide its covered employees the following minimum compensation:(a) Living wages. The employer shall pay each employee an hourly wage of not less than eleven dollars, provided that the employer also provides a minimum of one dollar and fifty cents per hour per employee towards an employee health benefits plan or equivalent. If the employer does not provide employees with such a health benefits plan, the employer shall pay each employee an hourly wage of not less than twelve dollars and fifty cents. The hourly wage rate will be adjusted annually pursuant to subsection (d) below.(b) Time-off. Employees shall be entitled to at least twenty-two days off per year for sick leave, vacation, or personal necessity in addition to any other time off granted employees under federal and/or state leave laws. Twelve of the required days off shall be compensated at the same rate as regular compensation for a normal working day. Ten of the required twenty-two days may be uncompensated days off. Employees who work part-time shall be entitled to accrue compensated days off in increments proportional to that accrued by full-time employees. Employees shall be eligible to use accrued days off after the first six months of satisfactory employment or consistent with employer policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required twelve compensated days off. Compensation for paid leave for part-time on-call employees, pro-rated as described herein above, shall be provided as premium pay twice a year to employees who worked a minimum of five hundred twenty hours in the previous six months.(c) Additional compensation permissible. Nothing in this article shall be construed to limit an employer's discretion to provide greater wages or time-off to its employees.(d) The initial rates set forth in subsection (a) above shall increase annually, effective July 1st, in accordance to reflect increases during the preceding year in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose (CPI-U), as published by the U.S. Department of Labor, Bureau of Labor Statistics.", "history": "(Ord. 2327 § 1, 2008; Ord. 2390 § 36, 2012)" }, { "guid": "44636794", "number": "§ 15.20.070", "title": "Required contract provisions.", "text": "Every city service contract, franchise agreement, grant, or lease agreement with a qualifying employer or any amendments thereto, shall contain provisions requiring the employer to comply with the requirements of this article. Such provisions shall address the employer's duty to promptly provide to the city documents and information verifying its compliance with the requirements of this article. Such provisions shall also require the employer to notify each of its employees of the requirements of the article. Prior to commencement of the contract's term or execution by the city, each contractor, subcontractor, lessee of city property or other city-funded employer will certify to the satisfaction of the city that its employees are paid a living wage as provided by the article. Such provisions shall also address the penalties for non-compliance with this article, including, but not limited to, termination of the contract.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636795", "number": "§ 15.20.080", "title": "Exemptions.", "text": "The requirements of this article shall not be applicable to the following employees:(a) An employee participating in a temporary job-training program approved by the city in which a significant component of the employee's training consists of acquiring specialized knowledge, abilities, skills or job readiness;(b) An employee who is under twenty-one years of age employed by a non-profit entity for after-school or summer employment or as a trainee for a period not longer than one hundred twenty days;(c) An employee employed on a temporary project which will not exceed six months in duration;(d) Volunteers, including part-time firefighters and part-time firefighters with EMT certification, part-time paramedics and part-time emergency medical technicians, provided there is no replacement or displacement of existing firefighter positions or employees;(e) Employees of contractors on city public works projects subject to the requirements of prevailing wage requirements set forth on Division 2, Part 7, of the California Labor Code, when such prevailing wage requirements exceed requirements of the Living Wage Ordinance;(f) Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201. This exemption shall apply only during the time when the employee is actually standing by or on-call;(g) Any disabled employee who: (1) is covered by a current sub-minimum wage certificate issued to the employer by the U. S. Department of Labor, or (2) would be covered by such a certificate but for the fact that the employer is paying a wage equal to or higher than the minimum wage;(h) An employee for whom application of the requirements of this article is prohibited by state or federal law;(i) An employee subject to a bona fide collective bargaining agreement where the waiver of the provisions of this article are set forth in clear and unambiguous terms in such an agreement.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636805", "number": "§ 15.20.090", "title": "Retaliation and discrimination prohibited.", "text": "It shall be unlawful to retaliate or discriminate against any person on account of his or her having claimed a violation of this article. No work may be reassigned in order to evade coverage under this article.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636806", "number": "§ 15.20.100", "title": "Employee complaints to the city.", "text": "(a) Any person may report alleged violations of this article to the city manager or designee. The city manager will establish a procedure for receiving and investigating such complaints and take appropriate enforcement action.(b) To the extent permitted by law, any complaints and related investigation documents shall be treated as confidential and exempt from disclosure in accordance with the California Public Records Act.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636809", "number": "§ 15.20.110", "title": "Private right of action.", "text": "(a) An employee claiming violation of this chapter may, after exhausting remedies outlined in Section 15.20.100, bring an action in the Municipal Court or Superior Court of the State of California, as appropriate, against an employer and obtain the following remedies:(1) Back pay for each day during which the employer failed to pay the compensation required by this article;(2) Reinstatement, compensatory damages and punitive damages;(3) Reasonable attorneys' fees and costs.(b) Notwithstanding any provision of this article or any other provisions in the Davis Municipal Code to the contrary, no criminal penalties shall attach for any violation of this article.(c) No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination.(d) Nothing in this article shall be interpreted to authorize a right of action against the city.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636817", "number": "§ 15.20.120", "title": "Labor relations neutrality.", "text": "Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer's employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.", "history": "(Ord. 2327 § 1, 2008)" }, { "guid": "44636818", "number": "§ 15.20.130", "title": "Enforcement and remedies.", "text": "The city department head responsible for administering a contract for services may take any of the following enforcement actions in accordance with instructions issued by the city manager:(a) Assess liquidated damages as provided for in the contract for services;(b) Pursue any other remedies prescribed by law or by the contract for services for breach of the contract;(c) Recommend to the city council that the contract for services be terminated.In connection with any enforcement action undertaken by the city which establishes a violation of this article, the city shall be entitled to recover from the violator all of its enforcement costs including any investigation costs, litigation costs and attorney fees.", "history": "(Ord. 2327 § 1, 2008)" } ] }, { "guid": "44636861", "title": "IN GENERAL", "number": "18.01", "url": "https://ecode360.com/44636861", "sha256": "f1397a708f0108b7665d94990723b1fa054f42bdf9bf44a22ea1883e0715b85a", "exportedArticleSha256": "4b7326566d18ac3fb591ea75aab363e863437b455bf84eda0e8920e2a6ec48da", "sections": [ { "guid": "44636862", "number": "§ 18.01.010", "title": "Purposes of chapter.", "text": "The city council finds and determines:(a) The city has adopted a comprehensive general plan which calls for refined planning and residential development review so that suburban growth meets the needs of the community and proceeds in a logical, orderly, efficient and environmentally sound manner.(b) The city is located upon and adjacent to prime agricultural land, which is a limited resource of statewide significance.(c) The city derives much of its social and cultural character from its historical development as a \"university town\" which provides housing and services for a large segment of the student body, faculty and employees of the University of California, Davis campus.(d) Inadequately planned, speculative residential development has sometimes created, and may create or aggravate, the following conditions:(1) Wasteful construction of public facilities on a crisis basis;(2) Overburdened municipal services and utilities;(3) Unavailability of adequate low cost and moderate cost housing to serve the needs of students, the elderly and persons of low and moderate incomes;(4) Premature and inefficient commitment of prime agricultural lands to urbanization;(5) Environmentally detrimental development patterns.(e) There are many persons of low, moderate or fixed incomes who wish to live in the city due to the location of their employment, studies or other connections with the city. Many cannot locate adequate affordable housing within the city. This may have a disproportionate impact upon disadvantaged citizens. The only effective means to prevent such exclusion is the provision of ample low and moderate income housing. Federal housing subsidies may not be available and traditional zoning has been ineffective to provide affordable housing. Thus, only through affordable housing programs is there any likelihood of securing affordable housing.(f) Zoning ordinances alone cannot provide the comprehensive development review procedures which will ensure a high level of environmental protection, sequential orderly development and achievement of other goals set forth in the general plan.(g) The public welfare requires the establishment of a housing development priority program. The city hereby establishes a \"rolling\" five-year phasing program for development within the city in order to accomplish the following goals:(1) Prevent premature development in the absence of necessary utilities and municipal services;(2) Coordinate city planning and land regulation in a manner consistent with the general plan;(3) Facilitate and implement the realization of general plan goals which cannot be accomplished by zoning alone;(4) Provide significant incentives to developers to include very low, low and moderate income housing in their developments; and(5) Prevent unplanned growth which has no relationship to community needs and capabilities.", "history": "(Ord. 1638 § 2)" }, { "guid": "44636880", "number": "§ 18.01.020", "title": "Definitions.", "text": "Affordable housing.As used in this chapter, the term \"affordable housing\" means affordable for sale or rental housing as defined in the city's affordable housing program.Co-housing.As used in this chapter, the term \"co-housing\" means a development which is established to provide extensive group living experiences. All co-housing projects shall have a property management company with extensive experience in co-housing projects. Typical features include, but are not limited to:(1) Frequently scheduled congregate meals with every household having cooking responsibility;(2) Open space and common facilities such that need for individual open space and amenities is reduced significantly;(3) Structures for joint purchase of goods and services such as food products and child-care services;(4) Co-housing projects may be ownership or rental type projects.Developer.As used in this chapter, the term \"developer\" means the owner of record of the subject property or his or her agent.Discretionary reserve units.As used in this chapter, the term \"discretionary reserve units\" means up to one hundred fifty units per year which are either:(1) On land specifically zoned for living groups; or(2) Co-housing; or(3) Affordable housing developed for permanent affordability; or(4) Other residential units made eligible for allocation as discretionary reserve units by resolution of the city council.Fiscal year.As used in this chapter, the term, \"fiscal year\" means July 1st to June 30th, inclusive.New construction.As used in this chapter, the term \"new construction\" means construction of new structures. \"New construction\" does not include residential remodels, condominium conversions or other construction that does not add units to previously existing residential units.Proposal.As used in this chapter, the term \"proposal\" shall include the developer's application and any and all maps, schematic plans, written information and data submitted by the developer in support of his or her application.Small builder.As used in this chapter, the term \"small builder\" means a builder who has been issued twenty-five or fewer single-family residential (attached or detached) building permits for new construction, not including any affordable housing units, in the calendar year prior to issuance of building permits for lots designated as small builder lots. Owner-builders and general contractors shall be considered to be small builders for the purposes of this chapter. For applying the twenty-five lot limit, \"small builder\" shall include, but not be limited to, the small builder and any construction-related corporations, partnerships, joint ventures and limited liability companies of which the builder is a part, including partners, shareholders and members of these entities.Small urban parcels.As used in this chapter, the term \"small urban parcels\" means development on parcels with all of the following characteristics:(1) Ten or fewer gross acres; and(2) Created prior to January 1, 1989; and(3) Designated for residential land use on the general plan map; and(4) Surrounded or substantially surrounded by nonagricultural development that is consistent with the applicable general plan designation.", "history": "(Ord. 1638 § 3; Ord. 1976 § 1)" }, { "guid": "44636902", "number": "§ 18.01.030", "title": "Applicability of Article—Exceptions.", "text": "(a) Except for the projects listed below, no building permit shall be issued for any type of new construction unless such construction has been approved in accordance with the standards and procedures provided for by this article.(b) Exceptions. The following types of uses may be processed and approved at any time, in addition to those base units approved pursuant to the five-year phasing plan, if all development conditions are met and required infrastructure is or will be provided:(1) Allocations granted prior to February 14, 1990, under the previous allocation program, provided the original project has not been rezoned. Units granted allocations prior to February 14, 1990, under the previous allocation program are subject to the standard conditions adopted in the corresponding allocation, rather than those of this article. Such conditions are subject to future amendment by the city council;(2) All nonresidential development, unless and until the city council determines that such development should be included in this allocation program;(3) Multifamily rental residential development;(4) All types of development within the core area including, but not limited to, residential development;(5) Small urban parcels;(6) Permanently low and very low income housing units as defined in the city's adopted affordable housing program or affordable housing, as defined in Section 18.05.020(a) of this chapter, developed by nonprofit organizations for permanent affordability;(7) Discretionary reserve units.", "history": "(Ord. 1638 § 4)" }, { "guid": "44636912", "number": "§ 18.01.040", "title": "Annual city allocation.", "text": "(a) Each fall, the city council shall, by resolution, designate a total number of units to be constructed pursuant to this article for the fifth year following the adoption of such resolution. The city council may also, by resolution, adjust the total number of units designated for the first through fourth years, inclusive, following adoption of such resolution. The city council's determination shall be based upon the following criteria:(1) Policies of the general plan and any applicable specific plan;(2) The number of units approved and actually constructed in prior years;(3) The purposes contained in Section 18.01.010 of this chapter;(4) The residential needs report, which shall be prepared by the city staff and reviewed and approved by the city council;(5) Objectives and projects of the city's adopted redevelopment plan;(6) Completion of the city's existing infrastructure network through construction on small urban parcels;(7) Major infrastructure and public facilities project priorities;(8) A base level of development consistent with the policies of the major projects financing plan of the city;(9) Open space policies of the city;(10) City policies protecting soils for agricultural use;(11) The recommendations of the city planning commission and city council.", "history": "(Ord. 1638 § 5)" }, { "guid": "44636925", "number": "§ 18.01.050", "title": "Development proposal—Applications.", "text": "(a) Upon the filing of a written phased allocation application, the planning commission and city council shall consider any phased allocation application for land having a general plan designation and zoning or prezoning appropriate to the development proposal, or which is accompanied by an application for a general plan amendment, rezoning or prezoning.(b) Building permits for the number of units eligible for issuance within a given fiscal year will not be issued prior to July 1st for the following fiscal year.(c) Each application shall include the following information and materials, as well as any other information or materials requested by the community development and sustainability director:(1) A master plan sketch map; and(2) An internal project phasing plan, including the proposed phasing for both single-family and multifamily units approved during the five-year phased allocation plan at the tentative map or final planned development stage of each project approval; and(3) An allocation application fee.", "history": "(Ord. 1638 § 6)" }, { "guid": "44636932", "number": "§ 18.01.060", "title": "Standards and criteria for consideration of individual applications.", "text": "Each allocation application shall be reviewed based on the information submitted with the application, any public oral or written communication, and on conformity with the application with standards and criteria including, but not limited to, the following:(a) Adequacy and availability of existing and anticipated city services and facilities;(b) Commitment to sell lots to small builders. A minimum of fifteen percent of the lots shall be sold to small builders. The intent of this requirement is to encourage the development of architecturally diverse neighborhoods, with a mix of housing types, densities, prices and rents and designs in each new development area. The following provisions shall apply:(1) Small builder lots shall be clearly identified on the approved final planned development map for the subdivision,(2) Small builder lots shall be distributed and clustered in such a way as to promote viable neighborhood patterns, both for small builder and production lots. Random pockets of one or two small builder lots would generally not be consistent with this provision. Clustering small builder lots on the same street is more desirable and consistent with the intent of this provision,(3) Lots designated as affordable housing or self-help housing lots shall not be counted as small builder lots, nor shall they be counted in determining the total number of small builder lots pursuant to the fifteen percent requirement,(4) No more than ten percent of the available designated small builder lots within a subdivision shall be sold to any single small builder in any calendar year,(5) The developer shall be responsible for providing updated information to the community development and sustainability department for the purposes of tracking compliance with this requirement,(6) In order to be considered a \"small builder\" as defined in Section 18.01.020 a builder shall be required to submit appropriate information to the community development and sustainability department demonstrating that the builder satisfies the requirements of this chapter. Such information may be provided on a form developed by the community development and sustainability department. Upon receipt of this information, the community development and sustainability department shall certify builders that satisfy the requirements of this chapter as \"small builders.\" Upon appeal of any interested party, any decision relating to certification by the community development and sustainability department is subject to review by the city manager, planning commission and the city council;(c) The inclusion of affordable housing units;(d) The criteria set forth in the general plan for phased development, including, but not limited to, the following:(1) Contribution to objectives and projects of the city's redevelopment plan,(2) Completion of existing infrastructure network through infill development as defined herein,(3) Contribution to major infrastructure and public facilities project priorities,(4) The minimum number of units required to make the project economically feasible,(5) The contribution of the project to open space,(6) The quality of the soils relative to suitability for agricultural use as determined by the USDA soil conservation service,(7) Fulfillment of prior allocation conditions.Additional criteria may be established as part of the annual allocation process.", "history": "(Ord. 1638 § 7)" }, { "guid": "44636950", "number": "§ 18.01.070", "title": "Project construction and buildout.", "text": "(a) Upon approval of an allocation, the developer shall construct affordable housing at the rate required by the city's affordable housing program prior to or concurrent with the allocated market rate units to be constructed during each five-year development phase. The construction of affordable units shall not be delayed until project buildout is imminent.(b) If a state mandated density bonus option in exchange for provision of affordable or lower income units is exercised, the number of increased state density bonus units approved may be constructed in addition to the base allocation. The base allocation includes the requirement of inclusionary units mandated by the Davis city council pursuant to the adopted affordable housing program (city density bonus units).(c) It is the policy of the city to permit each project for which an allocation is granted to build out within the general plan period, or some other reasonable period, provided the allocation conditions are met and all necessary planning entitlements and building permits are obtained.", "history": "(Ord. 1638 § 8)" }, { "guid": "44636954", "number": "§ 18.01.080", "title": "Annual review procedures.", "text": "(a) Staff will review actual development of all projects that have received allocations to determine compliance with unit completion requirements and projections set forth in the allocation approval for each project. The degree to which the affordable housing or other incentives are being met will be examined and taken into account at the time of the annual review. All recipients of allocations shall submit the following information on an annual basis in accordance with a schedule established by the city council:(1) Confirmation of intent and ability to proceed with construction, and compliance with any construction schedule set forth in the allocation;(2) Any request to delay the construction of units from that proposed in any phased allocation year.(b) Staff will analyze and report to the planning commission and city council on the development status of all projects approved pursuant to this article. This report shall include a description of the development of affordable units, and any request for delays in the proposed development. Such report will propose findings regarding any reasons for development delays which appear to be beyond the control of the project developer(s), versus those determined to be within the control of project developer(s). Reasons beyond the control of the developer include, but are not limited to, regional and/or national economic conditions such as prohibitively high interest rates, or a major recession, among other reasons.", "history": "(Ord. 1638 § 9)" }, { "guid": "44636959", "number": "§ 18.01.090", "title": "Revocation, suspension and modification of allocation approval.", "text": "(a) Based on evidence regarding lack of due diligence in developing units or providing affordable housing, or due to the adoption by the city council of an interim ordinance establishing a building moratorium, and upon making appropriate findings, the city may revoke or suspend an allocation of units to an individual project for subsequent years, or modify the conditions of project approval. Failure to comply with any conditions of approval or any development or construction schedule, or the adoption of an interim ordinance as described above, shall be good cause for revocation, suspension or modification of approval. An allocation shall be subject to revocation if a final map on the project has not been recorded within two years of the allocation. Approved units shall be deemed to have been completed for purposes of this section upon the date that a final subdivision or parcel map pertaining to such units has been recorded. Revocation, suspension or modification based upon noncompliance with conditions of approval or any development or construction schedule shall be made by the city council only after conducting a hearing into the causes of such noncompliance and upon ten days' written notice to the developer. The developer and all interested parties shall be entitled to appear and testify as to the reasons for noncompliance with the requirements of the council. Upon revocation of an allocation to an individual project, the city council may reallocate those units to other projects.(b) If an allocation is revoked, suspended or modified, the commitment to permit a project to proceed to buildout within the general plan period or a reasonable period from the first year in which the project received an allocation may be revoked.(c) Any request by a developer for modifications to a unit allocation for a project shall be included in the annual staff report on the construction status of the project's allocated units. Interim modification requests by developers may be considered only when necessitated by economic or financial constraints or other hardship factors as determined by the city council. All such requests shall be made by application to the city planning commission and shall be accompanied by a fee as adopted by the city council by resolution. All such applications shall include information requested by the city, and shall be subject to review by the planning commission and approval by the city council.(d) The approval of units pursuant to the procedures and provisions of this chapter does not constitute a vested right to develop those units.", "history": "(Ord. 1638 § 10)" }, { "guid": "44636964", "number": "§ 18.01.100", "title": "Projects not included in allocation.", "text": "Zoning and development applications for projects subject to allocation but which are not included within a five-year allocation, will be processed, pursuant to city council direction, on the basis of staff workload and general plan and specific plan consistency.", "history": "(Ord. 1638 § 11)" }, { "guid": "44636965", "number": "§ 18.01.110", "title": "Effect.", "text": "The approval of units pursuant to the procedures and provisions of this chapter shall not exempt or affect a developer's obligation to obtain all required zoning, environmental, subdivision and other approvals as are required by statute or ordinance as a prerequisite to application for building permits.", "history": "(Ord. 1638 § 12)" }, { "guid": "44636966", "number": "§ 18.01.120", "title": "Limitation of action.", "text": "Any legal action to challenge any decision, procedure, approval, or denial of the city council pursuant to this article must be filed in a court of competent jurisdiction within thirty days after the act challenged.", "history": "(Ord. 1638 § 13)" } ] }, { "guid": "44636967", "title": "LANDLORD-TENANT RELATIONS", "number": "18.02", "url": "https://ecode360.com/44636967", "sha256": "e025fdf7cd3163359e3c77aede2517e135a4163937b511fb1815e2543552b703", "exportedArticleSha256": "d88f1e7d914acfb3576b24ee9c08bb20fba33d9935a4742bee1ac33da3884e7e", "sections": [ { "guid": "44636968", "number": "§ 18.02.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Housing services.Housing services include, but are not limited to repairs, replacement, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone and any other benefit privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.Rent.The consideration, including any bonus, benefits or gratuity demanded or received, for or in connection with the use or occupancy of rental units, or the transfer of a lease for such rental units, including, but not limited to, moneys demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning.Rental unit.Any building structure, or part thereof, or land appurtenant thereto, or any other real property rented or offered for rent for living or dwelling purposes, including houses, apartments, rooming and boarding house units, and other properties used for living or dwelling purposes, together with all housing services connected with the use of occupancy of such property; each building or portion thereof designed for, or rented for use by a single family or housekeeping unit shall constitute a separate unit.Tenant.A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit.", "history": "(Ord. 896 § 2)" }, { "guid": "44636973", "number": "§ 18.02.020", "title": "Tenant rights.", "text": "Tenants shall have the right to form, join and participate in the activities of a tenant organization for the purpose of representation on matters of landlord-tenant relations, including, but not limited to, rental rates, housing services, condition of the premises and other terms and conditions of tenancy. Tenants shall also have the right to refuse to join or participate in the activities of tenant organizations and shall have the right to represent themselves individually in their tenancy relation with their landlord.", "history": "(Ord. 896 § 3)" }, { "guid": "44636974", "number": "§ 18.02.030", "title": "Retaliation prohibited.", "text": "(a) If a landlord's dominant purpose is retaliation against a tenant because of the tenant's exercise of rights under this article, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of the rental unit in any action or proceeding, cause the lessee to quit the premises involuntarily, increase the rent or decrease any services.(b) Nothing in this section shall be construed as limiting in any way the exercise by the landlord of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subsection (a) for lawful cause.(c) Notwithstanding the provisions of subsections (a) and (b), a landlord may recover possession of a unit and do any of the other acts described in subsection (a) if the notice of termination, rent increase or other act is accompanied by a written statement of the grounds upon which the landlord, in good faith, seeks to recover possession, increase rent or do any of the other acts described in subsection (a). If such statement is controverted, the landlord shall establish its truth at the trial or other hearing.", "history": "(Ord. 896 § 4)" } ] }, { "guid": "44636978", "title": "DISCRIMINATION AGAINST FAMILIES PROHIBITED", "number": "18.03", "url": "https://ecode360.com/44636978", "sha256": "61d4efaf31723120f982fc34d5a87bf149e727a9ff2780efa35a691bd1693020", "exportedArticleSha256": "a8e5a0a694fab040d727f0760f4beb7db303d93374eaadb896c2f51ac715cdc7", "sections": [ { "guid": "44636979", "number": "§ 18.03.010", "title": "Statement of legislative findings.", "text": "(a) After public hearings with the reception of testimony and documentary evidence, the city council finds that discrimination against families with minor children in the leasing and renting of housing accommodations exists within the city. The council further finds that the existence of such discrimination poses a substantial hardship and threat to the health and welfare of a sizeable segment of the community, namely, families with minor children.(b) The council finds that such discrimination results in the unavailability of many low and moderate cost rental units to families with minor children. The council further finds that such discrimination has an overall detrimental effect on the composition of the city, the stability of neighborhoods, the preservation of family life within the city, and the living conditions of children.", "history": "(Ord. 1036 § 1)" }, { "guid": "44636982", "number": "§ 18.03.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Housing accommodationis a residential housing unit consisting of one or more rooms with facilities for living, sleeping, cooking, eating, and sanitation.Minor childis a person who has not attained the age of eighteen years.Parentis any person who has legal custody and control of a minor child, and with whom the minor child maintains his or her place of abode.Senior adultsare all persons who have attained the age of sixty or more years.University affiliated residence hallsare residential facilities provided by private property owners under agreement with the University of California for the limited purpose of providing room and board to University of California, at Davis, students. Such housing is provided on a school-year rather than a year-round basis.", "history": "(Ord. 1036 § 1)" }, { "guid": "44636988", "number": "§ 18.03.030", "title": "Prohibited activities.", "text": "Except for housing accommodations specifically exempted in Section 18.03.040, it shall be unlawful for the owner, lessor, lessee, sub-lessee, real estate broker, assignee, or other person having the right of ownership, the right of possession, or the right to rent or lease any housing accommodation, or any agent or employee of such person to:(a) Refuse to rent or lease, or otherwise deny to or withhold from any person such housing accommodations on the basis of age, parenthood, pregnancy, or presence of a minor child;(b) Represent to any person on the basis of age, parenthood, pregnancy, or presence of a minor child that housing accommodations are not available for inspection or rental when such dwelling is in fact so available;(c) Make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement with respect to the rental of housing accommodations that indicates any preference, limitation, or discrimination based on age, parenthood, pregnancy, or presence of a minor child;(d) Discriminate against any person in the terms, conditions or privileges of the rental of housing accommodations (including, but not limited to, rental rates or security deposits), or in the provision of services or facilities in connection therewith, because of age, parenthood, pregnancy, or presence of a minor child;(e) Refuse to rent after the making of a bona fide offer, or refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of age, parenthood, pregnancy, or presence of a minor child;(f) Include in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless or shall not bear children or otherwise maintain a household with a person or persons of a certain age;(g) Evict or otherwise demand surrender of housing accommodations from any person because of age, parenthood, pregnancy, or presence of a minor child;(h) Charge additional rent for persons living in a housing accommodation on the basis of age, parenthood, pregnancy, or presence of a minor child.", "history": "(Ord. 1036 § 1)" }, { "guid": "44636997", "number": "§ 18.03.040", "title": "Exemptions.", "text": "The following are exempt from this article:(a) Federally financed senior adults' housing accommodations;(b) Selection of a roommate by one or more residents of a housing accommodation where such residents will continue to reside within the housing accommodation;(c) Requirements of a landlord requiring supervision of minors under fourteen years of age in the use of swimming pools, hot tubs, saunas, or similar facilities, provided that such requirements are reasonably related to health and safety;(d) University affiliated housing as designated by agreement existing on the date of adoption of the ordinance codified in this article;(e) Mobile homes in an adults only mobile home park established in accordance with state law.", "history": "(Ord. 1036 § 1; Ord. 1044 § 1)" }, { "guid": "44637003", "number": "§ 18.03.050", "title": "Other requirements of prospective tenants not prohibited.", "text": "(a) This article shall not prohibit the person having the right to rent or lease the premises from imposing uniform requirements upon prospective tenants so long as such requirements are otherwise lawful and are imposed without regard to age, parenthood, pregnancy, or presence of a minor child.(b) By example, and not by way of limitation, a landlord may establish a limitation on the number of occupants in a particular type of unit; however, in the case of an occupancy limit it shall be:(1) Reasonably related to the size of the unit; and(2) Conspicuously posted on the premises or stated in a written policy statement, house rules or notice; and(3) Shall be equally applied to all prospective residents, except that no occupancy limitation shall apply to a newborn infant during the term of any lease in effect on the date of birth.", "history": "(Ord. 1036 § 1)" }, { "guid": "44637009", "number": "§ 18.03.060", "title": "Civil remedies.", "text": "(a) The sole remedy for violation of this article shall be as provided by this section.(b) Any person who violates the provisions of this article shall be liable in a civil action for each such violation, as follows: a minimum award for each violation of one hundred dollars unless it is determined that such violation was wilful, in which case the minimum award shall be two hundred fifty dollars. In all cases the maximum award for each violation shall be seven hundred fifty dollars. In establishing the amount of the award, the court shall consider all relevant factors, including any actual damage, injury or hardship to plaintiff and any prior violations by defendant.", "history": "(Ord. 1036 § 1)" } ] }, { "guid": "44637012", "title": "OWNER-OCCUPANCY", "number": "18.04", "url": "https://ecode360.com/44637012", "sha256": "3f6da0d9190e2e3b5f808c07d07413a6d2186c5f7349b6a18e769e687298448e", "exportedArticleSha256": "16648907eedc2477ea2b43f48f259eb4999ed534213123c96f46ecbe0dbf4fcd", "sections": [ { "guid": "44637013", "number": "§ 18.04.010", "title": "Purpose and findings.", "text": "(a) The purpose of this article is to ensure that affordable units, built to provide affordable ownership opportunities required by the City of Davis, continue to be maintained as an ownership opportunity consistent with the public purpose that required provision of the affordable unit.(b) The city council hereby finds and determines:(1) That in the past, single-family homes and individual ownership units were primarily purchased by persons who intended to reside therein and that rental housing was primarily within multiple dwelling developments. With the increase of investments being made in single-family dwelling units, the city council recognized a need to preserve units for owner occupancy.(2) That California Government Code Section 65302(c) and various other state-adopted policies encourage and provide for adoption of local policies designed to provide for the housing needs of all economic segments of the community. The promotion of home ownership, owner occupancy, and the maintained availability of affordable ownership housing units have been recognized as valid purposes of the city's police power.(3) That the protection of a residential environment has long been recognized as a valid purpose of the city's police power, including zoning regulations, especially in single-family residential districts.(4) That the City of Davis general plan and implementing ordinances and resolutions have established an inclusionary housing requirement that requires the development of new affordable ownership housing units as part of new residential projects. This requirement produces ownership units at a below-market price affordable to very low, low, moderate, and middle income households. Said public purpose of this requirement was to provide ownership housing opportunities for households that would not otherwise be able to live in Davis. The public purpose continues to be served only if the affordable units are owner-occupied and not purchased by investors.(5) That the public purpose that is provided by the city's inclusionary housing policies shall not unduly profit any household, including through the acceptance of rent for an entire affordable ownership unit that was purchased at a below-market affordable housing price, as a result of city inclusionary housing policy requirements.(6) That an occupancy requirement ensures availability of affordable units to income-eligible households at the units' initial and subsequent sales. The city's inclusionary housing program also provides for affordable rental units that are separate from and in addition to the affordable ownership housing units produced by the program.(7) Historically a large percentage of ownership units have been purchased by investors due to the rental demand that is produced by university students and visiting professors.(8) That in approximately the last ten years there has been an increase in the price of homes in California, including in Davis, which is unprecedented in years past. In some areas the rate of inflation in prices has been two percent per month, or greater. Housing prices continue to rise throughout California, making it one of the least affordable states to purchase a home in.(9) That the high level of speculative investment activity in the purchase of individual residential ownership units, especially lower priced units, tends to have, and has had, but is not necessarily limited to, the following effects:(A) Removes a significant number of lower-priced residential ownership units from the stock of units available for purchase by owner-occupants;(B) Contributes to the rapid escalation of the price of individual ownership units, and to the maintenance of inflated prices of local housing units; and(C) Results in the conversion of significant numbers of individual residential ownership units from owner-occupied units to rental units.(10) That the effects referred to above tend to:(A) Subvert the purpose of the city's inclusionary housing policies that require affordable ownership housing units to be built in order to serve owner-occupant households at specified income levels.(B) Detrimentally affect the stock of available residential ownership units within the city in general and, in particular, detrimentally affect the availability of affordable ownership units to persons of low, moderate, or middle incomes desiring to purchase and occupy such units.", "history": "(Ord. 1187 § 1; Ord. 2249, 2006)" }, { "guid": "44637031", "number": "§ 18.04.020", "title": "Definitions.", "text": "For purposes of this article, the following words shall have the meanings ascribed by this section:Affordable housing unitrefers to any individual residential ownership unit which is subject to a recorded notice of restrictions as a designated below-market unit or affordable unit, as required by the city's inclusionary housing ordinances or other city conditions of the planning approval for the project in which the unit is built. An affordable unit could include units priced to serve very-low, low, moderate, and middle income households, as well as other household groups that the city finds to be underserved by the market or identifies as a public purpose within a specific project. This unit type was formerly known as and referred to as a designated low-price housing unit or a designated price unit.Completion of purchase and completion of salerefers to the close of escrow and the transfer of title to the purchaser or in the alternative, the date of the first installment payment of the purchase price or interest thereon or, in the case of a city-approved lease with an option to purchase, the payment of the first lease payment.Developer refersto any person who owns real property within the city and who constructs, causes to be constructed, or permits to be constructed on such property one or more individual residential ownership units.Inclusionary housing policyrefers to the city's locally adopted requirements that require the provision of affordable housing units within each new housing development, rental or ownership, consisting of five units or greater.Individual residential ownership unitrefers to any residential living unit (including condominiums and split lot units) which may be separately owned, or which is owned by a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, or owned as a community apartment project as defined in Section 11004 of the Business and Professions Code.Occupymeans the establishment of a purchased affordable as the principal domicile of the person or persons who qualifies as the owner-occupant(s).Personrefers to an individual, group of individuals, partnership, or any other entity.Principal domicilemeans that the person or persons who qualify/qualifies as the unit's owner-occupant(s) must reside in the unit for a minimum of ten months out of each calendar year, unless otherwise reviewed and approved by the city through the exemption process stated in this article.Principal personal residencemeans principal domicile.Purchase and sellrefer to the execution of a binding and enforceable agreement (deposit receipt, contract of sale, agreement of sale, lease with an option to purchase, etc.) to purchase or sell a specific individual residential ownership unit for an agreed price. Subject to the provisions of Section 18.04.150, agreements entered into prior to the effective date of the ordinance codified in this article are not subject to its provisions.Purchaserrefers to any person or persons who acquire title to an individual residential ownership unit.Salerefers to the sale or transfer by a developer or an owner of an affordable unit, or to the purchase of a membership share in a stock cooperative or community apartment.", "history": "(Ord. 1187 § 1; Ord. 1222 § 1; Ord. 2249, 2006)" }, { "guid": "44637044", "number": "§ 18.04.030", "title": "Applicability of article.", "text": "This article is enacted pursuant to the general police power of the city and is for the purpose of ensuring that affordable ownership housing units be provided and maintained as an affordable ownership opportunity, in an effort to fulfill the public purpose under which the affordable units were required.", "history": "(Ord. 1187 § 1; Ord. 1373 § 2; Ord. 2249, 2006)" }, { "guid": "44637045", "number": "§ 18.04.040", "title": "Owner occupancy requirements.", "text": "(a) Owner occupancy duration. All original and subsequent owners and purchasers of an affordable unit, or other unit with a city-required occupancy restriction, shall occupy his or her or their unit as his or her or their primary residence for the entire duration of his or her or their ownership of the unit, unless otherwise approved by the city. Such occupancy must commence within six months following completion of the unit purchase.(b) Required occupancy declarations. Each purchaser must execute an initial declaration of occupancy and subsequent annual declarations, as required by the city.(c) All owners required to occupy, no co-signers. If more than one person purchases the affordable unit, then all of the purchasers must occupy the unit and execute the declaration of occupancy required by this article. No co-signers shall be permitted in the purchase of an affordable unit.(d) Extended vacation. In instances where purchaser(s) of an affordable unit intend to take an extended vacation lasting one to two months, during which time the purchaser will not be occupying his or her/their unit, the city shall be notified in writing of the absence, and the purchaser(s)' intent to reoccupy the unit after the specified time period, and a statement that the unit will not be rented in the interim.(e) Addition of owners to deed. In instances where the purchaser(s) of an affordable unit intends to add new persons to the deed, the new household must be recertified to meet the city's income restrictions for the affordable unit.(f) Vacancy of affordable unit. In instances where purchaser(s) vacate the affordable unit for more than one hundred eighty days, without requesting and gaining an approved exemption from the city, the purchaser(s) shall be required to sell the affordable unit upon the city's written direction to do so unless otherwise approved by the city.(g) No living trusts or multiple ownership properties. In order to meet the occupancy requirements of this chapter, purchaser(s) of affordable units shall not be permitted to be living trusts and shall not be permitted to own other residential units during his or her/their ownership of the affordable unit.", "history": "(Ord. 1187 § 1; Ord. 2249, 2006)" }, { "guid": "44637053", "number": "§ 18.04.050", "title": "Declaration of occupancy.", "text": "(a) Declaration requirement. It is unlawful to sell, to purchase, or to act as the real estate agent, escrow agent, or broker for a seller or buyer of an affordable ownership housing unit without obtaining and filing the declaration of every purchaser of said unit that said purchaser(s) shall assume occupancy of the unit within six months following completion of the purchase and that upon commencement of said occupancy, the purchaser(s) shall occupy such unit as his or her principal personal residence for a minimum of twenty-four consecutive months, subject to the exceptions contained in this article. The declaration shall be made upon forms provided by the community development and sustainability department of the city.(b) Declaration responsibility. The seller, real estate agent, escrow agent, or broker of the seller and buyer of an affordable ownership housing unit shall be jointly and severely responsible for filing of the original declarations with the community development and sustainability department of the city, as required by Section 18.04.051 of this article. Such declaration shall be filed within ten days of the completion of sale of the affordable unit.(c) False dating of sale documents. It is unlawful for any person with the intent of evading this article, to date or sign any deposit receipt, sale agreement, contract of sale, lease with an option to purchase or other writing relating to the sale or purchase of an affordable unit which indicates that the agreement was executed on a date other than the actual date of acceptance and execution of the sale agreement, or to misrepresent to any person the character of any transaction which would otherwise be subject to this article.", "history": "(Ord. 1187 § 1; Ord. 1242 § 1; Ord. 2249, 2006)" }, { "guid": "44637057", "number": "§ 18.04.060", "title": "Exempt transactions.", "text": "(a) Foreclosures. This article shall be inapplicable to foreclosures or private sales of security interests due to a default in payments by the purchaser(s) of an affordable unit, but shall apply to any purchasers (other than the foreclosing entity) taking title after such foreclosure.(b) Inheritance or bequest. This article shall be inapplicable to acquisition by inheritance or bequest, but shall apply to any purchaser upon sale of said unit.(c) Public purpose. This article shall be inapplicable to purchases of affordable units by a public agency for public purposes, as approved by the city.(d) Property exchanges. This article shall be inapplicable to tax-free exchanges of real property where the ultimate recipient of title through escrow complies with the provisions of Section 18.04.040, and the seller complies with Section 18.04.050 or 18.04.060 of this article; provided, that all deeds in the exchange are recorded within a period not exceeding ten days and that the purchase price or compensation paid by the ultimate recipient of title through escrow does not exceed the purchase price or compensation received by the initial seller.(e) City-permitted broker purchases. Notwithstanding other provisions of this article, the housing chapter of the City of Davis Municipal Code, and after obtaining an exemption for good cause, an affordable unit may, upon issuance of a permit for broker purchase, be sold to a real estate agent or broker.A broker purchase permit may be issued upon application to the community development and sustainability department. The city manager's designee shall grant or deny the permit on the basis of the city's housing policies and the current climate of the local housing market. The decision of the city manager's designee may be appealed in the same manner and using the same procedure as decisions on applications for exemption as set out in Section 18.04.070. A broker purchase permit must be applied for by the owner(s) of the affordable unit under which the permit is being applied. The permit can only be issued for the convenience of the owner, upon the following conditions:(1) No right of first refusal. The affordable unit being sold does not have a right of first refusal recorded to it. If the unit has a right of first refusal deeded to it, directions of that deed restriction must be adhered to. If the city does not wish to exercise its right of first refusal, it may choose to approve the permit being requested.(2) Good faith effort. There has been a good faith effort by the owner and/or his or her broker to market the property for a period of at least ninety days.(3) Declaration of marketing efforts. Submission of a declaration under penalty of perjury declaring the circumstances of the owner's marketing effort (including the price listed) and the fact that no binding contract of sale to a successive owner-occupant has been entered into, together with an application for broker purchase.(4) Continuous marketing. The broker must agree to, upon purchase, continuously market the unit at a reasonable price, including listing of the property on a multiple listing service, if one is available in the community. For purposes of this subsection, a list price more than twenty percent over the price paid by the broker to the seller shall be prima facie evidence that the price is unreasonable and that a violation has occurred. The price shall be consistent with any price restrictions recorded to the deed, unless otherwise approved by the city.(5) Lease of the unit. Any leasing of the unit pending sale shall be on a month-to-month basis only and shall require approval by the city.(6) Time limit. No broker shall retain ownership of the unit for a period of more than eighteen months, unless he or she shall apply to the city council for an extension of time for good cause. Each such extension shall be granted for a period of no more than one hundred eighty days.(7) Reporting. The broker-purchaser of the affordable unit shall provide periodic reports, as required by the city, outlining efforts of marketing the unit.", "history": "(Ord. 1187 § 1; Ord. 1242 § 1; Ord. 2249, 2006)" }, { "guid": "44637070", "number": "§ 18.04.070", "title": "Application for exemption.", "text": "(a) Exemption for unusual circumstances (before purchase). Any person adversely affected by the application of this article and believing that, due to unusual circumstances, the literal enforcement of the article would cause undue hardship, unnecessary to carry out the spirit and purpose of this article, may file a written application for exemption. Any approval may be made subject to such conditions as are necessary to assure that the public purposes of this article and the city's affordable housing program are effectuated, and that the approval does not result in the granting of a special privilege.An application for exemption under this section may be granted only upon staff making the following findings:(1) Unusual circumstances. Unusual circumstances or conditions exist which are not typically present in the case of sales or purchases of affordable units subject to this article.(2) Undue hardship. The existence of such unusual circumstances or conditions would cause undue hardship to the applicant should the provisions of this article apply. An application shall not be approved to eliminate an inconvenience not amounting to undue hardship.(3) Specific, unusual hardship. The undue hardship sought to be alleviated is not so general or recurrent in nature as to cause the approval of the application to constitute a granting of a special privilege that is not made available to other purchasers.(4) Unnecessary literal enforcement. Under the circumstances, the literal enforcement of the requirements of this article would be unnecessary to carry out the spirit and public purpose of this article, and the approval of the application shall not subvert said spirit and purpose.Examples of unusual circumstances before purchase may include, but are not limited to: a change in employment location to outside of the Sacramento Region (as defined by SACOG), a change in family situation, an unexpected substantial reduction in household income, ill health of purchaser or related persons, inability to break an outstanding housing contract elsewhere, or other such circumstances.(b) Exemption for unusual circumstances (after purchase). Any person whose circumstances have unforeseeably changed, such that practical or economic difficulties occur which seriously affect the occupant's ability to continue occupancy and comply with this article, may file a written application for an exemption for unusual circumstances. Any approval may be made subject to such conditions as are necessary to assure that the public purposes of this article and the city's affordable housing program are effectuated, and that the approval does not result in the granting of a special privilege. An application for exemption under this article may be granted only upon staff making the findings listed above in subsection (a).Examples of unusual circumstances after purchase may include, but are not limited to: a change in employment location to outside of the Sacramento Region (as defined by SACOG), a change of marital status, a change in family situation, ill health of the purchaser or related persons, addition of new family members, a substantial reduction in household income, an employer-approved research project, a sabbatical, or other such circumstances.(c) Procedure for exemption request. An owner(s) or purchaser(s) of an affordable unit may request an exemption for unusual circumstances upon filing an application and a declaration under penalty of perjury stating the nature of the unusual circumstances, and any reasons why the change in circumstances could not be foreseen at the time that the purchaser was bound to purchase the affordable unit, if the reason for the unanticipated change is not apparent on the face of the declaration.(1) Application process. The application and declaration under penalty of perjury shall be submitted to the city manager's designee, together with the filing fee therefor, who shall act upon the matter within ten business days. The city manager's designee shall grant the application unless he or she finds, based upon evidence, that the facts are not substantially as stated in the declaration submitted, that staff cannot make the findings required in subsection (a), that the change of circumstances could have been reasonably foreseen by the purchaser at the time he or she became obligated to purchase the affordable unit, or that, notwithstanding the change in circumstances, the unit was not purchased in good faith for the purpose of occupancy. Notice of the determination of the city manager's designee shall be mailed to the applicant at the address he or she provides. The approval may be conditioned by the city as necessary in order to achieve the public purpose of this article.(2) Information requests. The city manager's designee may request additional declarations or other evidence from the applicant and may procure evidence relevant to determination of the issue. Failure of the applicant to provide such information shall be grounds for denial of the application.(3) Appeal process. An applicant who is dissatisfied with the determination of the city manager's designee may file a written appeal to the city council within ten days of date of the determination. Such appeals, together with the appeal fee, shall be filed with the city clerk and shall be brought before the city council for decision. The appellant may furnish such additional evidence as may be desired regarding good cause. In the event of an appeal, the city council shall render a decision which shall be final.", "history": "(Ord. 1187 § 1; Ord. 2249, 2006)" }, { "guid": "44637081", "number": "§ 18.04.080", "title": "Fees.", "text": "The filings and applications required by this article shall be accompanied by fees established by resolution of the city council. Any such fees may be waived by the city staff person authorized to act on the accompanying submission upon a showing that payment of such fee would impose a personal financial hardship upon the applicant.", "history": "(Ord. 1187 § 1; Ord. 2249, 2006)" }, { "guid": "44637082", "number": "§ 18.04.090", "title": "Proof, penalties, and remedies.", "text": "(a) Proof. In all actions brought under this article, proof of any of the following shall be presumptive evidence that a violation of Section 18.04.040 has occurred:(1) Failure of Six-Month Occupancy Deadline. Proof that the purchaser or purchasers failed to take occupancy of the affordable unit within six months of completion of the purchase, or such other time specified in the declaration.(2) Failure of Twenty-Four-Month Requirement. Proof that the purchaser or purchasers failed to occupy the affordable unit for twenty-four consecutive months as indicated by the sworn declaration.(3) Vacated Affordable Unit. Proof that the purchaser or purchasers vacated the affordable unit without selling the unit or requesting an occupancy exemption from the city.(4) Leasing Affordable Unit. Proof that the purchaser or purchasers rented or leased the affordable unit during any time when owner-occupancy is required.(5) Second Ownership Unit. Proof that any or all purchaser or purchasers purchased or own a second ownership dwelling unit, without city approval, during any time when owner-occupancy is required.(6) Not Principal Domicile for All Owners. Proof that not all of the owners of the affordable unit use the unit as their principal domicile.The presumptions set forth above may be rebutted by submission and approval of an application for exemption.(b) Penalties. Persons who do not comply with the requirements of this article, may be subject to the penalties included below. Persons receiving a favorable determination of exemption from the city manager's designee, or city council, due to unusual circumstances, shall not be subject to the penalty provisions of this article.(1) It shall be a misdemeanor for any person to violate the provisions of Section 18.04.040 or to knowingly provide false information on the declaration required by Sections 18.04.050 and 18.04.070. of this article.(2) It shall be an infraction for any person required to do so to fail to file or fail to cause to be filed the declaration as required by Section 18.04.051 of this article, except that such failure which is shown to have been intentional on the part of any such person shall be a misdemeanor.(3) It shall be a misdemeanor to violate the provisions of Section 18.04.053 of this article.(4) If any owner or purchaser is found to be out of compliance with that which is required by this article and is given a reasonable amount of time to regain compliance, but chooses not to, the City of Davis shall have the ability to require the owner or purchaser to sell his or her/their affordable unit within ninety days of the city's notice of noncompliance.(c) Remedies. The city shall have the ability to, but is not restricted to, carrying out the following remedies as part of the enforcement of this article. Persons receiving a favorable determination of exemption from the city manager's designee, or city council, due to unusual circumstances, shall not be subject to the penalty or remedy provisions of this article.(1) As a separate and additional remedy, violations of this article which threaten to continue or to be repeated may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction, which order may provide that the violator may not thereafter be a purchaser or obtain any interest in a designated low price unit.(2) As a separate and additional remedy, violations of this article shall be subject to a civil penalty up to the amount of five thousand dollars; or, if a unit is sold, the difference between the violator's purchase price and the violator's purchase price plus a compounded appreciation of eight percent per year, or the violator's purchase price and the unit sale price, whichever is greater.(3) The remedies provided herein shall not be exclusive and violations of any provisions of this article shall be subject to such other or further remedies as may be provided by law.(4) If any owner or purchaser is found to be out of compliance with any requirement of this article and is given a reasonable amount of time to regain compliance, but chooses not to, the City of Davis shall have the ability to require the owner or purchaser to sell his or her/their affordable unit within ninety days of the city's notice of noncompliance.", "history": "(Ord. 1187 § 1; Ord. 2249, 2006)" } ] }, { "guid": "44637100", "title": "AFFORDABLE HOUSING", "number": "18.05", "url": "https://ecode360.com/44637100", "sha256": "23c456204d32cc49963680204b7f38597d7fabf9303fa41eb80751ace3615106", "exportedArticleSha256": "bc9c1b83fda75e587c8a1d65f04d95bf5a1ed7222d95ae2f9206a6b590183cf4", "sections": [ { "guid": "44637101", "number": "§ 18.05.010", "title": "Purposes of article—Findings.", "text": "The city council finds and determines:(a) The city has a goal to provide a range of housing for its local workers and has chosen to take action to ensure that affordable housing is constructed and maintained within the City of Davis.(b) Housing purchase prices in Davis are generally higher than the rest of the region, particularly Woodland and West Sacramento.(c) Rents in Davis have been rising and the majority of new apartments are four-bedroom units which are not suitable for most families. Small, very low income households have trouble finding affordable unassisted housing, and larger households of any income level have difficulty finding affordable units.(d) Federal and state funds for the construction of new affordable housing are limited.(e) In order to meet the city's fair share of the regional housing need for very low, low and moderate income households, the city included implementing policies within the housing element of the general plan to provide for such housing.(f) General plan implementing policies require that, to the extent feasible, for sale residential developments should provide for housing units that are affordable to very low income households, low income households and moderate income households as part of the development, with tiered requirements that are reduced or eliminated for housing products that are more affordable by design. General plan policies also require that affordable ownership units include a means for sustained affordability, maintaining them as affordable units into the unforeseeable future.", "history": "(Ord. 2418 § 1, 2013; Ord. 2646 § 2, 2023)" }, { "guid": "44637108", "number": "§ 18.05.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Affordable housingmeans affordable ownership housing or affordable rental housing.Affordable ownership housingis housing affordable, based upon mortgage payments or carrying charges paid by a member of a limited equity housing cooperative, to low, very low or moderate income households. No more than thirty-five percent of the targeted household income shall be applied to housing expenses, which shall include mortgage principal and interest, taxes, insurance, assessments, and homeowner fees, as applicable and adjusted for household size. In the case of the limited equity cooperative, the total monthly carrying charges for its members shall not exceed thirty-five percent, and the carrying charges shall include all monthly housing costs minus utilities.Affordable rental housingis housing affordable, based upon monthly rent, to low, very low or moderate income households, adjusted for household size. Affordable rental housing payments are approximately thirty percent of gross monthly target income less utilities.Area median income (AMI)means the median income level for Yolo County as determined annually by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size.Community based mutual housing associationmeans a nonprofit tax exempt corporation that may develop, own or manage housing units. Association membership includes nonresident and community members. Resident members shall constitute a majority of the shareholders of the corporation. Each member has one shareholder vote. The corporation is governed by an elected volunteer board of directors representative of the association membership. Members shall have no equity interest in the project. Residents pay a one-time membership fee to be used to defray the cost of constructing the housing units. This fee is refundable with nominal interest when residents leave the association. Residents must be members of the association, pay the membership fee and meet resident selection criteria established by the association.Community based nonprofit-controlled rental housingmeans rental housing owned and operated by an organization with 501(c)(3) status, that is either based in Yolo County, or has a board of directors that includes a minimum of thirty percent representation of Yolo County residents.Complete environmental reviewmeans that the land has had all environmental reviews completed on the site to satisfy local requirements, state CEQA requirements, and the national NEPA requirements; resulting in no significant findings that could inhibit development on the site. Any reported findings on the site must be cleared prior to deeding the site for land dedication to the city.Density bonusmeans entitlement to build additional residential units above the maximum number of units permitted pursuant to existing general plan, applicable specific plan and zoning designations. Density bonus units may be constructed only in the development where the units of affordable housing are located. \"City density bonus\" means a bonus of units awarded to a developer pursuant to this article. \"State density bonus\" means a bonus of units awarded to a developer pursuant to Government Code Section 65915 et seq.Developermeans the owner of record and his or her successors in interest.Developmentmeans one or more projects or groups of projects of residential units constructed in a contiguous area. A development need not be limited to an area within an individual parcel, or subdivision plat.Exempt condominiumsare residential ownership units in a condominium development that is predominantly composed of stacked air space units not having separate ownership parcels. Townhouse or single-family developments are not considered \"exempt condominiums\" under this definition, even if they are subdivided as condominium units.Familymeans all persons living in a single household unit and identifying as a family. Family may include, but shall not be limited to, persons who are related by birth, marriage or adoption.Feasiblemeans capable of being financed, demonstrating the required financing (if any) meets lenders investment standards with respect to the project's loan to value (LTV), debt coverage ratio (DCR), and return on asset (ROA), based on the prevailing interest and discount rates supported in the required appraisal for a like property. Feasible projects should be sustainable projects, taking into account the cost of construction and ongoing maintenance of the project, in addition to the site's essential services.First time homebuyer, as used in this chapter, shall have the same meaning, as amended from time to time, as used by the Federal Department of Housing and Urban Development and included in the Code of Federal Regulations.Householdmeans \"family\" as defined in this section. This article shall not apply to households in which any member is claimed as a dependent for federal income tax purposes by a person or persons residing outside of the household unit unless such person or persons who reside outside the household qualify as very low, low or moderate income persons or families.Limited equity housingcooperative means a housing cooperative organized pursuant to California Health and Safety Code Section 33007.6 and Business and Professional Code Section 11003.4. A limited equity housing cooperative is owned by a nonprofit corporation or nonprofit housing sponsor. Resident-owners own the cooperative as an undivided whole, rather than individual units, but each has the exclusive right to occupy a specific unit within the cooperative.Low incomemeans a household earning a gross income of no greater than eighty percent of the median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Low target incomemeans that the average income of residents of low income units will be sixty-five percent of median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Moderate incomemeans a household earning a gross income of no greater than one hundred twenty percent of the median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Moderate target incomemeans that the average income of residents of moderate income units will be one hundred percent of median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Ownership unitsmeans housing units which provide an ownership opportunity including, but not limited to, single-family units, condominiums, land trusts, and cooperatives, except in circumstances where the unit is converted to rental use.Permanently affordablemeans affordable in perpetuity and subject to an agreement between the developer and the city to maintain affordability. Such agreement shall be recorded to the property.Primary residencemeans a residential property that will be owner-occupied and serve as the principal dwelling for the household receiving assistance.Rental unitsmeans housing units which provide a rental opportunity including, but not limited to, multifamily units (excluding condominiums and cooperatives), duplexes (two units on one lot), triplexes, or four-plexes on single-family residential zoned property. Single-family units may be converted to rental units for the purposes of this article.Resident controlled nonprofit housing corporationmeans a housing corporation established to manage for-sale or rental housing projects designated for very low, low or moderate income households in which the majority of households have formed a nonprofit housing corporation. Residents need not have equity interest in such projects.Self-help housingmeans mutual self-help housing constructed for very low, low, and moderate income families in which a group of prospective homebuyers shall provide labor to assist in the construction of their units. The intent of this program is to transform the hours of labor into equity (\"sweat equity\") to reduce the purchase price of the unit.Stacked condominiumsare residential ownership units in a condominium development that is predominantly composed of stacked air space units not having separate ownership parcels. Townhouse or single-family developments are not considered \"stacked condominiums\" under this definition, even if they are subdivided as condominium units.Student housing cooperativemeans a nonprofit housing organization owned and/or controlled by students.Sustained affordabilitymeans that the affordable housing obligation being produced to meet the requirements of this ordinance is done so in a manner that maintains the affordability provided into the unforeseeable future, with minimal loss in affordability.Vertical mixed use developmentmeans mixed-use structures that vertically integrate residential dwelling units above the ground floor with unrelated non-residential uses on the ground floor, including office, restaurant, retail, and other nonresidential uses. For purposes of this article, vertical mixed use does not include structures that vertically integrate uses ancillary to residential units, such as resident parking, laundry rooms, community rooms, or common space on the ground floor with the residential units above.Very low incomemeans a household earning a gross income of no greater than fifty percent of the median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Very low target incomemeans that the average income for residents of very low income units will be forty percent of median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.", "history": "(Ord. 2418 § 1, 2013; Ord. 2443 § 1, 2015; Ord. 2545 § 2, 2019; Ord. 2639 § 2, 2023; Ord. 2646 § 3, 2023; Ord. 2672, 2/4/2025)" }, { "guid": "44637139", "number": "§ 18.05.030", "title": "Applicability of article.", "text": "This article is enacted pursuant to the general police power of the city and is for the purpose of providing affordable housing in Davis consistent with the general plan.", "history": "(Ord. 2418 § 1, 2013)" }, { "guid": "44637140", "number": "§ 18.05.040", "title": "Provision of affordable housing.", "text": "(a) Affordable housing plan. The developer shall submit, concurrently with or prior to the submission of an application for a development, an application as provided by the city describing a proposed affordable housing plan, which shall provide a program to provide affordable housing in accordance with this article and the intended method for implementing such a program. To the extent allowed by law, any application resubmitted by a developer to amend an affordable housing plan after it has been approved by the city shall be deemed a new application for the development. Projects not requesting financial assistance from the city are not subject to a budget review. This review will allow for updated construction cost changes at the time of construction, which will again require review and approval by staff. These reviews also provide the city opportunity to act as an active partner to projects where local funds are requested.(b) Approval process of affordable housing plans. The approval process for affordable housing plans will include the following steps:(1) Submission of the affordable housing plan as part of the project application submitted to the community development and sustainability department. Staff shall then refer the affordable housing plan to the social services commission. All plans, including proposals for payment of in-lieu fees, will be heard before the commission. Substantial amendments to affordable housing plans should also be considered by the commission.(2) The social services commission will hold a duly noticed public hearing, where the plan shall be considered, if the application for the development is not going to be scheduled for a public hearing at the planning commission and/or city council. If the application for the development will be scheduled for a public hearing at the planning commission and/or city council, the social services commission will consider the affordable housing plan at a regular or special meeting of the commission. The commission will review the plan for compatibility with this article, adopted city affordable housing goals, and currently identified city housing needs.(3) After motion for approval or denial is given by the social services commission regarding the proposed affordable housing plan, it is then heard publicly before the planning commission and reviewed for their motion on the plan, if the planning entitlements requested by the project require this step. If the planning entitlements being requested do not require this step, then the social services commission's decision on the affordable housing plan is final, but, as is true with decisions of the planning commission, can be appealed to the city council through the city's appeal process as outlined in Article 40.35 of the Davis Municipal Code.(4) If the project is requesting planning approvals that require a city council hearing, the recommendations of both the social services commission, as well as the planning commission shall be included in the report to the city council.(c) Building permit issuance. No building permit shall be issued for any new residential unit unless the development containing such unit has received all approvals required with the standards and procedures provided for by this article. The location and type of proposed affordable housing in a development shall be disclosed in writing by each seller to each subsequent purchaser of lots or units within the development, until all the affordable housing units are completed.(d) Competitive contracting. In circumstances where local, state, or federal funds are being used to assist in the development of the project, an open bidding process shall be carried out that adequately addresses the requirements of all funding sources involved. In agreement with this requirement, the developer shall be aware of regulations accompanying all funding sources used for the development, and shall comply with the regulations from pre-construction and throughout the life of the development. Copies of all contracts that are requested for viewing by the city shall be submitted in a timely manner. The city may request evidence of open procurement and compliance with any and all government funding regulations on a project at any time. If the city believes the project to be out of compliance with the intent of this article and/or the regulations of the project's funding sources, the city has the ability to sanction the project developers for their conduct, including fining the project or withdrawing funding.(e) Development agreement. The city shall use the development agreement of the development to ensure that the developer adheres to the requirements and intent of this article by detailing within the agreement the sanctions involved if the developer does not comply with the requirements of this article during the construction process.(f) Rounding provisions. Where the total affordable units required by this article call for a portion of a unit, the developer may provide an additional affordable unit (for example, a requirement of one and one-half could result in two units) or may pay the applicable portion of the unit in in-lieu fees.(g) Buyer/tenant selection and screening. Buyer/tenant selection and screening shall be carried out by the developer, owner, city, or by the designated responsible party, at the sole expense of the developer. Included in the affordable housing plan submitted by the developer, shall be a proposed marketing plan with an estimated timeline of events, which must be approved by the city and shall adhere to the city's buyer/tenant selection and screening guidelines.The City of Davis will monitor the buyer selection and screening process through required monthly reports, and through the ability to review any and all files regarding the process at any time that city staff requests to do so. The City of Davis will possess the ability to halt any sale or break any lease of an affordable unit at its discretion, for reasons to include, but not restricted to, the following: if the buyer selection and screening process was not strictly adhered to, or if the buying household is found not to meet the guidelines of qualification, as specified in the guidelines.", "history": "(Ord. 2418 § 1, 2013; Ord. 2646 § 5, 2023)" }, { "guid": "44637152", "number": "§ 18.05.050", "title": "Ownership development affordable housing standards.", "text": "A developer of residential ownership developments consisting of five or more units shall provide in each development, to the extent feasible, affordable housing for very low, low and moderate income households, as set forth in an affordable housing plan approved by the city, in accordance with the requirements of this section.The approval process for affordable housing plans will adhere to that which is required by Section 18.05.040(b).The price of all affordable ownership housing units will be calculated based on payments to be made by the buyer that make up no more than thirty-five percent of the gross monthly target income level designated for a specific unit and shall include mortgage principal and interest, taxes, insurance, assessments, and homeowner fees, as applicable and adjusted for household size. Percentages allowed for the qualifying of the mortgage loan shall be determined by the lender or lenders involved with the income-qualified household.A developer may, at his or her option, provide affordable rental units to meet the requirements of this section, pursuant to state law, provided that such rental units must comply with the affordable housing standards for rental units in Section 18.05.060 of this article, and as adopted by the city.To the maximum extent feasible, each developer must meet the ownership affordable unit requirement as it pertains to the project, as set forth below:(a) Standard ownership affordable housing requirements. Any development that is comprised in whole or in part of ownership units shall comply with the following requirements, which shall be included in the development's affordable housing plan.(1) Affordable Housing Requirements, by Residential Product Type.(A) For projects comprised of market rate single-family detached ownership units on lots larger than five thousand square feet in area, the developer must provide for a number of affordable housing units equivalent to twenty-five percent of the total units being developed, including the affordable units, by means of one of the methods set forth in this section.(B) For projects comprised of market rate single-family detached ownership units on lots smaller than five thousand square feet in area, the developer must provide for a number of affordable housing units equivalent to fifteen percent of the total units being developed, including the affordable units, by means of one of the methods set forth in this section.(C) For projects comprised of market rate single-family attached ownership units, the developer must provide for a number of affordable housing units equivalent to ten percent of the total units being developed including the affordable units, by means of one of the methods set forth in this section.(D) For projects comprised of market rate stacked condominiums or ownership units within vertical mixed-use development, the developer must provide for a number of affordable housing units equivalent to five percent of the total units being developed including the affordable units, by means of one of the methods set forth in this section.(E) Exempt projects as identified in Section 18.05.080 have no affordability requirements except as provided therein.(F) For developments that are comprised of more than one residential product type, the affordable housing obligation shall be calculated for each product type separately and then aggregated, before rounding, provided, however, if a development is comprised of ownership and rental product types, the affordable housing obligations for the ownership and rental units shall be calculated and applied separately.(2) Affordable Housing Requirements, by Project Size.(A) Exempt projects pursuant to Section 18.05.080.(B) Projects Totaling Five or Greater Units for Purchase.(i) The required affordable units must be provided through: on-site construction of affordable ownership or rental units, acquisition and recordation of permanent affordability restrictions on existing housing units within the city, provision of a land dedication site and adequate resources to realistically allow for the total number of units required by subsection (a)(1) to be constructed, and/or through payment of in-lieu fees, as further defined in subsections (b) through (f). Staff and the developer shall conduct an exploratory review, including evaluation of supporting financial information, to assess the adequacy of available resources.(ii) The on-site construction of affordable ownership or rental units may be fulfilled through the on-site development of affordable units for purchase or rental, in conformance with all that is stated in subsection (b).(iii) The land dedication option shall be fulfilled by the developer by making an irrevocable offer to the city of sufficient land, without abnormalities (shape and terrain) and with complete environmental review that can accommodate the affordable housing requirement for the project, as well as adequate resources to realistically allow for the total number of units required by subsection (a)(1) to be constructed. The land dedication shall be in conformance with all that is stated in subsection (c), entitled land dedication. Staff and the developer shall conduct an exploratory review, including evaluation of supporting financial information, to assess the adequacy of available resources.(iv) The option of purchase and placement of permanent affordability restrictions on existing housing units within the city is only available when determined to be appropriate by the city council in its sole discretion, and must be in conformance with all that is stated in subsection (e).(v) The payment of in-lieu fees to fulfill part or a project's entire affordable housing requirement is subject to city council review and must be in conformance with all that is stated in subsection (f), entitled in-lieu fees.(C) Projects Totaling Two Hundred One Ownership Units or More. The required affordable units shall be provided through the following methods, as more specifically described in subsections (b) through (f):(i) On-site construction of affordable ownership units;(ii) On-site construction of accessory dwelling units for rental to fulfill up to half of the requirement;(iii) Through payment of in-lieu fees for no more than fifty percent of the affordable housing obligation of the project, if approved by the city council;(iv) Provision of a land dedication site and adequate resources to realistically allow for the total number of units required by subsection (a)(1) to be constructed; and/or(v) On-site construction of affordable rental units, if the developer voluntarily requests to satisfy its requirements through this alternative.(3) Project Individualized Program.(A) The developer may meet the city's affordable housing requirement with a project individualized program that is determined to generate an amount of affordability equal to or greater than the amount that would be generated under the standard affordability requirements. The affordable units must, at a minimum, meet the same income targets specified in the standard ownership affordable housing provisions.(i) A project individualized program shall be developed by the developer and city staff, taken action on by the social services commission, and if the main project application requires, heard before the planning commission for decision.(ii) If the main project is requesting planning entitlements that require city council approval, it shall then be heard before the city council for final decision.(iii) If the main project does not require a city council hearing, the planning commission's or the social services commission's determination may be appealed to the city council by any member of the public.(B) The project individualized program is not intended to allow exception to a public input and review process. The project individualized program is intended to be viewed thoroughly and scrutinized in public forums, allowing for input and competition from the public, other community-based nonprofits, staff, and at a minimum, the social services commission. The public hearing at the social services commission shall be noticed to all community-based housing nonprofits in the area, to the greatest extent possible, regardless of their involvement in the project. This public hearing shall scrutinize the project based on the following criteria:(i) Need for government subsidy;(ii) Sustainability of the project and its services;(iii) Community need of the project type based on recent needs assessments and recent projects completed;(iv) Uniqueness/innovation of the proposed project;(v) Overall benefits and drawbacks of the project;(vi) Project's compliance with the standards as outlined within the affordable housing Sections 18.05.010 through 18.05.070 of the Davis Municipal Code.These meetings shall be carried out without any finite contracts in place between the parties involved, allowing for the potential direction to the developer to change the project. If the social services commission finds that the proposed project does not satisfy one or all of the criteria listed above, it may choose to direct the developer to fulfill his or her affordable housing requirement through a land dedication process. This decision may be altered at either the planning commission or city council public hearing, if the project requires review by either of these deciding bodies. Decision of either the social services commission or the planning commission to direct the developer to do a land dedication to meet his or her affordability requirement, may be appealed to the city council.(b) On-site construction of affordable units for ownership developments. When a developer constructs on-site affordable ownership or rental units to satisfy its obligations under this article, the units shall be constructed in conformance with the requirements of this subsection (b).(1) Density Bonus. A one-for-one city density bonus shall be awarded for construction of on-site affordable units meeting the requirements for a state density bonus.(2) Housing Mix. The developer must provide a mix of two- and three-bedroom units, with a minimum of fifty percent of the units as three-bedroom units and in a combination of unit types as approved within the affordable housing plan through the appropriate review process. Smaller and larger unit sizes shall be provided as an option, based on local housing needs and project character, as approved during the affordable housing plan review process.(3) Price of Affordable Ownership Units. The affordable ownership units will be affordable to moderate income households, households with incomes ranging from eighty percent of area median income to one hundred twenty percent of area median income, with the average affordability targeted at households with incomes at one hundred percent of area median income, the moderate target income.The community development and sustainability director shall determine the maximum sales price for these units on an annual basis. The community development and sustainability director shall propose annual adjustments to the maximum purchase prices based on changes in the area median income, as determined by the U.S. Department of Housing and Urban Development. This price shall be reviewed annually for adoption by the city council.(4) Rent for Affordable Rental Units. The affordable rental units will be leased at an affordable rent to low and very low income households. The average affordable price for each size category of affordable rental units, based on number of bedrooms, shall not exceed the low target income, sixty-five percent of median income. The maximum income level served shall not be greater than eighty percent of area median income. The developer shall offer affordable rental units in each size categories to multiple income levels to ensure that the rental units achieve the required average target income. For example, if three-bedroom units are offered to families at eighty percent of median income, the same number of three-bedroom units must be offered to households at fifty percent of area median income, making the average rent for the unit type sixty-five percent of area median income. Lower rents or an average that meets the same affordability target can be approved through the affordable housing plan review process.(5) Buyer/Tenant Selection and Screening. Please refer to Section 18.05.040(g) for the selection and screening requirements applicable to affordable units.(6) Owner-Occupancy Restrictions. Any person who purchases a designated ownership affordable unit pursuant to this article shall occupy that unit as his or her principal personal residence for as long as he or she owns the affordable unit. Such occupancy shall commence within six months following completion of the purchase. The purchases shall comply with the provisions of Sections 18.04.020. through 18.04.060, inclusive, of this Code.(7) Sustained Affordability. Restrictions shall be placed on the affordable housing units produced, in order to ensure a measure of sustained affordability. In an effort to maintain the greatest number of units as affordable for the greatest period of time, one of the following restrictions shall be adhered to:(A) Appreciation Capped at Three Percent per Year plus a Three-Quarters of a Percent Maintenance Credit for Necessary Maintenance Costs of the Unit. The unit appreciates based on the average annual increase in Yolo County Area Median Income—Three percent, plus an additional three-quarters percent as a credit for maintenance costs of the unit. This restricts the total appreciation of an ownership unit to a maximum of three and three-quarters percent, compounded annually.(B) Affordability Covenant. In order to qualify as affordable rental units pursuant to this subsection, such units shall be maintained in perpetuity as affordable units. The owner of the rental units shall enter into an agreement with the city to ensure the continued affordability of these affordable rental housing units in perpetuity. This agreement shall be recorded.(C) Alternative Proposal. Any other program that proves its ability to provide for sustainable affordability, as approved by staff, the social services commission, and other public governing bodies as required by the individual project. Proposing an alternative method for sustained affordability must be justified based on current market trends and/or other prevailing circumstances.(8) Right of First Refusal. All affordable ownership units constructed after January 1, 2005, shall deed to the City of Davis a permanent right of first refusal on the property, allowing the city the ability to either purchase the unit, or designate an appropriate buyer for the unit at its resale. The deed restriction shall allow the city to designate a third party to carry out its right of first refusal, and shall also allow for a one percent fee to be taken from the real estate transaction in order to pay for the costs of carrying out the right of first refusal.(9) Resale Report. The owners of all affordable for-sale units that include a resale restriction or were constructed after January 1, 2005, shall be required to clear all resale reports completed on these units prior to the close of escrow on the resale of each unit. The findings of the resale inspection that are required to be addressed cannot be transferred to the household purchasing the affordable unit.(c) Land Dedication. When a developer makes a land dedication in order to satisfy the requirements of this article, it shall comply with the following requirements:The developer shall make an irrevocable offer to the city of sufficient land, without abnormalities (shape and terrain) and with complete environmental review, which can accommodate the land dedication requirement for the project in its entirety. The developer shall also provide adequate resources to realistically allow for the total number of units required by subsection (a)(1) to be constructed. The land dedicated shall be of sufficient size to make the development of the required affordable units economically feasible, no less than two acres. The density of development for the purpose of calculating the acreage to be dedicated under this section shall be fifteen units per acre. The proposed use of such land must be consistent with the general plan. Staff and the developer shall conduct an exploratory review, including evaluation of supporting financial information, to assess the adequacy of available resources. The city may approve, conditionally approve, or reject such an offer of dedication. If the city rejects such an offer of dedication, the developer shall be required to meet the affordable housing obligation by other means set forth in this article and approved by the city.The dedicated site shall be economically feasible to develop, of sufficient size to build the required number of affordable units, and physically suitable for development of the required affordable units prior to dedication of the land. The dedicated site shall also have appropriate general plan designation and zoning to accommodate the required units, be fully improved with infrastructure, frontage improvements (i.e., curb, gutter, walk), paved street access, utility (i.e., water, gas, sewer, and electric) service connections stubbed to the property lines, and other such off-site improvements as may be necessary for development of the required affordable units or required by the city.The developer must identify the land to be dedicated at the time the developer applies for a pre-zoning or zoning amendment, but in no event later than the application for the tentative subdivision map. Building permits shall not be issued prior to identification of land to be dedicated under this section.(1) Density Bonus. A one-for-one city density bonus shall be awarded for land dedication on the basis of fifteen units per net acre.(2) Housing Types on Dedicated Land. Housing built on land provided by dedication for affordable housing shall be permanently affordable. The city shall adopt a resolution establishing a process whereby property dedicated to the city pursuant to this section may be conveyed to third parties who shall enter into an agreement with the city to produce affordable housing within a specified period of time. The city shall consult with the social services commission, nonprofit corporations, affordable housing organizations, and developers in designing this process. Housing on land dedicated pursuant to this section may consist of any of the following:(A) Resident controlled nonprofit housing corporation;(B) Community based mutual housing association;(C) Community based nonprofit controlled rental housing;(D) Student housing cooperative;(E) Limited equity housing cooperative;(F) Public housing;(G) Land trust;(H) Self-help housing;(I) Other forms of nonprofit housing containing a permanent affordability provision.(3) Price of Units. The average affordable price for each size category of units on land dedication sites shall not exceed the low target income, sixty-five percent of median income. The maximum income level served by any of the units located on a land dedication site shall not be greater than eighty percent of area median income. The developer shall offer affordable rental units in each size categories to multiple income levels to ensure that the rental units achieve the required average target income. For example, if three-bedroom units are offered to families at eighty percent of median income, the same number of three-bedroom units must be offered to households at fifty percent of area median income, making the average rent for the unit type sixty-five percent of area median income. Lower rents or an average that meets the same affordability target can be approved through the plan review process.(4) Buyer/Tenant Selection and Screening. Please refer to Section 18.05.040(g) for the selection and screening requirements applicable to affordable units.(5) Owner-Occupancy Restrictions. Any person who purchases a designated affordable unit pursuant to this article shall occupy that unit as his or her principal personal residence for as long as he or she owns the affordable unit. Such occupancy shall commence within six months following completion of the purchase. The purchases shall comply with the provisions of Sections 18.04.020 through 18.04.060, inclusive, of this Code.(d) Options for small developments. Small developments of fifteen ownership units or fewer, and totaling no greater than thirty-eight bedrooms in the development, that are not otherwise exempt pursuant to Section 18.05.080, that are located within the core area and are found to meet a specified community goal, can request to fulfill the affordable housing requirement through one of the following options, which shall be considered during the review process of the development's affordable housing plan:(1) Construction Subsidy. City staff will work with the developer to provide financial assistance to be used in the construction of the affordable unit(s) required on-site, in order to assist in ensuring the project's feasibility. The developer shall present a pro forma (for the affordable units) to staff showing the necessary amount of construction assistance needed through supplemental city funds, in order to make the project economically feasible. The project will require the standard review process, and the necessary funding approval from the city council.(2) Combination of On-Site Construction and In-Lieu Fees. The affordability requirement may be fulfilled through a combination that includes the on-site development of a portion of the required affordable units, with the remaining amount of the affordability requirement fulfilled through in-lieu fees paid in accordance with subsection (f) of this section. The exact split of the combination shall be determined during the review of the project's affordable housing plan, based on the developer's stated ability to provide affordable units on-site.(e) Acquisition and recordation of permanent affordability restrictions on existing housing units. As an alternative to constructing affordable housing within a development project or providing for affordable housing through the payment of in-lieu fees, the affordability requirement may be fulfilled through the provision of off-site units being purchased/acquired and placed permanently into the city's affordable housing program through the recordation of affordability deed restrictions, subject to discretionary approval by the city council following review of the project's affordable housing plan. The city council may determine in its sole discretion whether this alternative is appropriate on a case-by-case basis. These units are required to have recorded permanent affordability deed restrictions recorded against them, in a form consistent with the affordability restrictions that are recorded against on-site affordable units constructed pursuant to the requirements of this affordable housing ordinance. In its review of an affordable housing plan that provides affordable housing pursuant to this option, the city council will consider the following:(1) The condition and usable life of the units;(2) Potential displacement of existing residents;(3) The location and size of the proposed affordable units relative to disbursement of units throughout the city and local housing needs;(4) Long-term ownership and maintenance of the units; and(5) The level of affordability offered by the proposed alternative.Any units provided under this option must ensure a unit life of no less than thirty years and may require rehabilitation prior to qualifying. Sale or long-term rental of these units would be at the sole expense and responsibility of the project developer, unless otherwise approved by the city council.(f) In-lieu fees. As an alternative to constructing on-site affordable housing within a development as required by this article, the affordability requirement may be fulfilled through the payment of in-lieu fees pursuant to an adopted fee schedule to be revised on an annual basis, provided that the payment of in-lieu fees has been approved by the city council following review of the project's affordable housing plan. The city council will review a request for payment of in-lieu fees taking into consideration the following:(1) Project gross and net density;(2) Project size;(3) Economic or planning feasibility of affordable unit provision by another means within the development;(4) Projected housing costs of the project's market rate housing/overall housing affordability of the project; and(5) Accomplishment and tradeoffs of other local policy objectives, including smart growth principles, accessibility, energy efficiency, etc.A payment plan may be approved by the city council in the event that the developer does not have the necessary funds available for payment; however, the majority of in-lieu fees shall be paid prior to the issuance of the certificate of occupancy on any of the market rate units. In addition to the standard in-lieu fee, the city maintains the right to adopt an in-lieu fee for use in future resource-pooled projects. This special in-lieu fee would apply to projects within a specific project area where the fee is intended to be used towards a planned resource-pooled project.", "history": "(Ord. 2418 § 1, 2013; Ord. 2443 §§ 2, 3, 2015; Ord. 2545 § 3, 2019; Ord. 2685, 3/17/2026)" }, { "guid": "44637230", "number": "§ 18.05.060", "title": "Rental development affordable housing standards.", "text": "A developer of rental housing developments containing seven or more units shall provide at least fifteen percent of the total number of units as affordable housing units on-site. Of the total number of affordable housing units provided fifty percent shall be made affordable to low-income households and the other fifty percent shall be made affordable to very low income households. Alternatively, the project may comply with an alternative means of compliance as provided for in the Rental Housing Inclusionary Guidelines, which shall be adopted by resolution of City Council.(a) On-site construction of affordable units for rent. A developer of a development containing seven or more units may meet the rental affordable housing requirement by constructing fifteen percent of the total number of units to be permanently affordable. Fifty percent of the fifteen percent of the total number of units made affordable on site shall be permanently affordable to low income households. The other fifty percent of the fifteen percent of the total number of units on site shall be permanently affordable to very low income households.(1) Criteria for On-Site Construction. Affordable housing units shall not be clustered together in any building, complex or area of the development. Affordable housing units constructed on site shall be constructed using the same building materials and including equivalent amenities as the market rate units.(2) Affordability Agreement. In order to qualify as affordable units pursuant to this section, such units shall be maintained in perpetuity as affordable units. The developer shall enter into an agreement with the city to ensure the continued affordability of all affordable rental housing units in perpetuity. This agreement shall be recorded.(3) Density Bonus. A one-for-one city density bonus shall be awarded for the construction of on-site affordable units.(4) Annual Monitoring. Affordable units must be managed by the developer or his or her agent. Each developer shall submit an annual report to the city identifying which units are affordable units, the monthly rent, vacancy information for each affordable unit for the prior year, gross annual incomes for the households of each affordable unit during the prior year, and other information as required by city staff. This annual monitoring shall include the inspection of ten percent of the on-site affordable units. Inspection reports created by an acceptable third party and completed within the same city fiscal year will be accepted in lieu of city staff performing the on-site inspection for that given monitoring year.(5) Affordable Rents. Affordable rents shall be determined annually on a city-wide basis by city staff based upon the area median income and utility allowances for Yolo County, as determined by the Federal Department of Housing and Urban Development, the State Department of Housing and Community Development, and the Yolo County housing authority. If these agencies do not provide the information, the City of Davis will determine monthly rent amounts based on thirty percent of the targeted household's gross monthly income.(6) Tenant Selection and Screening. Please refer to Section 18.05.040(g) for the guidelines of this section.(b) Alternative Compliance for Legislative Projects. An applicant for a project that requires a general plan amendment or zoning change and is subject to council discretion may propose an alternative rental affordable housing plan that meets the criteria for discretionary projects set out in the Rental Housing Inclusionary Guidelines, which shall be adopted by resolution of city council.(c) Alternative Compliance for Non-Discretionary Projects. An applicant for a project claiming protection under state housing laws that limit city discretion, including, but not limited to, projects eligible for review under Government Code Section 65589.5, may propose an alternative rental affordable housing plan that meets the objective requirements for non-discretionary projects as described in the Rental Housing Inclusionary Guidelines, which shall be adopted by resolution of city council.", "history": "(Ord. 2418 § 1, 2013; Ord. 2525 § 2, 2018; Ord. 2544 § 2, 2018; Ord. 2545 §§ 4, 5, 2019; Ord. 2550 § 2, 2019; Ord. 2561 § 2, 2019; Ord. 2578 § 2, 2020; Ord. 2594 § 2, 2020; Ord. 2612 § 2, 2021; Ord. 2632 § 2, 2022; Ord. 2644 § 2, 2023; Ord. 2646 § 6, 2023)" }, { "guid": "44637240", "number": "§ 18.05.070", "title": "Fees.", "text": "The city council may, by resolution, establish fees and deposits for processing of applications as required by this article.", "history": "(Ord. 2418 § 1, 2013)" }, { "guid": "46166755", "number": "§ 18.05.080", "title": "Down payment assistance program.", "text": "(a) Purpose. The purpose of this section is to establish the framework for a down payment assistance program (\"Program\") funded by the city to assist eligible households with purchasing a primary residence within the city limits.(b) Program Establishment. The city council hereby establishes the down payment assistance program to provide financial assistance to eligible low income and moderate income households for the purchase of a primary residence within the city limits, subject to the following parameters:(1) Program Funding. The program shall be funded through appropriations made by the city council and may include finds from local, state, federal, or private sources, as permitted by law.(2) Down Payment Assistance Loan Agreement. Assistance pursuant to this program shall be provided pursuant to the terms of a loan agreement with the eligible household which shall take the form of a deferred payment loan with no interest and no required monthly payments. The form of the agreement shall be consistent with all state and federal laws regulating lending and shall be subject to the approval of the city attorney. The loan agreement shall be recorded on title and made a lien against the value of the property.(3) Assistance Amount. The maximum amount of financial assistance available to each eligible household shall be established by resolution of the city council and may be adjusted periodically based on housing market conditions and funding availability. Levels of assistance may also vary based on program funding source rules and regulations. Any assistance that is received under the program shall be used only toward the purchasing of a primary residence within the city limits.(c) Repayment. Repayment shall be due upon sale, transfer, or refinancing of the property, or as otherwise specified in the program guidelines. The total amount for loan repayment shall be calculated based on estimated shared appreciation that is proportional to the city's loan provided at the time of purchase and the house's initial purchase price. Funds that are repaid shall be returned to the city's affordable housing fund or as required by the terms of a grant if applicable.(d) Eligibility Criteria. To qualify for assistance, households must:(1) Have a gross annual income at or below one hundred twenty percent of AMI, adjusted for household size.(2) Meet the definition of first-time homebuyer or meet criteria for housing displacement as defined in the program guidelines.(3) Complete a city-approved homebuyer education course.(4) Provide evidence of qualification for a primary mortgage loan from a lender that meets financial soundness criteria.", "history": "(Ord. 2672, 2/4/2025)" } ] }, { "guid": "44637241", "title": "MIDDLE INCOME HOUSING", "number": "18.06", "url": "https://ecode360.com/44637241", "sha256": "98909286d0f18eb4f7d0b3d65e52ab403dcf74a1ca44c033d70474d3c50cce66", "exportedArticleSha256": "5d98d64b4b8815d3f1738959cb2bc80360c15cd344d47066b7dd3eb18e7fd96d", "sections": [ { "guid": "44637242", "number": "§ 18.06.010", "title": "Purpose and findings.", "text": "The purpose of this article is to implement a general plan policy to require developments with twenty-six or more residential units for purchase to provide units that are affordable to middle income households.The city council hereby finds as follows.(a) The State of California Government Code Sections 65580 and 65589.5 state the following findings and goals for housing:(1) The availability of decent housing and a suitable living environment for every Californian is a vital statewide goal. The attainment of this goal requires efforts to accommodate the housing needs of Californians of all economic levels.(2) Local governments have a responsibility to use the powers vested in them to provide for the housing needs of all economic segments of the community considering economic, environmental, and fiscal factors and community goals set forth in the general plan. Each locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal.(3) California housing has become the most expensive in the nation. Among the consequences are discrimination against low income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.(4) The premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. It is the policy of the state that development should be guided away from prime agricultural lands and that jurisdictions should encourage in-filling existing urban areas to the maximum extent practicable.(b) The establishment of a middle income housing ordinance by the City of Davis is consistent with the state legislature's housing goals and intent in that:(1) The City of Davis is interested in providing housing that is affordable to its local workforce as well as other underserved households. A study of middle income housing needs, impacts, and options completed for the City of Davis found that the Davis housing market is not providing adequate ownership housing opportunities for middle income households. Middle income households cannot afford to purchase even the least expensive market rate housing being developed and cannot qualify for affordable housing units provided for low and moderate income households.(2) The City of Davis is using its vested powers to provide for the housing needs for all economic segments of the community and the local workforce in particular.(3) Public funds for the construction of middle income housing units are not available.(4) The city council has considered the community goals set forth in the general plan and the economic factors related to a middle income housing requirement, including impact on development feasibility. The study of middle income housing needs, impacts and options found that the requirement for middle income units would involve reduced opportunity profits for the housing developer but would not require a construction subsidy.(5) The city council has considered the potential environmental effects from the middle income ordinance project and finds that the project would not have a significant effect on the environment or a cumulatively considerable environmental effect in that the project. The project will not affect the amounts or allowable densities of residential development in the general plan. The project would have cumulatively beneficial effect by providing housing opportunities for the local workforce. Workforce housing would reduce traffic congestion and air pollution by Davis workers who otherwise would live outside Davis and commute longer distances to work. city council approves Negative Declaration No. 03-05 for this project.(6) The city council finds that the middle income housing requirement project would not discriminate against protected classes including minorities, disabled, elderly and families with children. The effect of the project would be to divert housing production that most likely would have been affordable to higher income households and instead require developers to restrict the sales of those housing units to households qualifying as \"middle income.\" Discrimination based on income is acceptable when it serves a public purpose such as facilitating the ability of households to afford decent, safe, and sanitary housing that otherwise could not. The data in a study of middle income housing needs, impacts and options shows that:(A) Shifting some of the housing supply from the above middle income level to middle income level through a middle income inclusionary requirement would most likely not have a significant impact on non-white households, households with disabled persons, and households with children because there are more households of these categories in the middle income level than the above-middle level in Davis, Yolo County, and the Sacramento/Yolo CMSA; and(B) There is a slightly higher concentration of elderly households in the one hundred thousand dollars and above income categories than in the sixty thousand to ninety-nine thousand dollars income range which closely resembles the \"middle\" income range. This could mean that if the city implements a program to require middle income units, there would be a lower proportion of elderly households who would qualify for the housing versus the proportion of elderly households in the higher income categories who would be able to afford more expensive housing. The higher income elderly households, however, would generally be able to find decent housing compared to lower income households.(7) The projects will not change the city's existing housing programs and requirements for very low, low and moderate income households.(8) The project will provide greater housing opportunities for middle income households as the Davis housing market has not been providing adequate ownership housing opportunities for middle income households.(9) The City of Davis is attempting to provide middle income housing to support the community's growth in employment by providing employee housing, retain a balance of jobs and housing, provide mobility, and preserve air quality. The City of Davis is attempting to avoid urban sprawl and excessive commuting.(10) The City of Davis is attempting to balance housing programs with agricultural land preservation programs which purchase conservation easements, including mitigation requirements for the conversation of agricultural land by urban development.(c) The establishment of a middle income housing ordinance by the City of Davis is consistent with the city's general plan policies which call for a mix of housing types that meet a variety of needs. These policies include:(1) Policy LU A.2. Require a mix of housing types, densities, prices and rents, and designs in each new development area.(2) Policy Housing 1.1. Encourage a variety of housing types that meet the housing needs of an economically and socially diverse Davis.(3) Policy Housing 4.2. Provide affordable housing opportunities for the local workforce in the Davis area.(4) Standard Housing 4.2a. A development with twenty-six or more residential units for purchase shall provide units which are affordable to middle income households. Middle income households consist of households earning a gross income of no greater than one hundred eighty percent of the median income for Yolo County adjusted for household size. The number of middle income units shall be equivalent to ten percent for projects totaling twenty-six to thirty-five ownership units, fifteen percent for projects totaling thirty to forty-nine ownership units, and twenty percent for projects totaling fifty or more ownership units.(5) Standard Housing 4.2b. Units built under the middle income requirement shall be made affordable to households with gross incomes of one hundred twenty percent to one hundred eighty percent of the median income for Yolo County, with an average affordability for households at one hundred forty percent of the median income for Yolo County.(6) Policy Housing 4.3. Promote a linkage between new ownership housing and the local workforce.(7) Action Housing 4.3a. Implement an incentive system for the local workforce, such as a lottery, as part of the city's buyer selection process for low/moderate income and middle income affordable ownership units. The system shall provide the highest number of lottery tickets to households with a member of the local workforce.(d) The public purposes served by providing housing opportunities for middle income households and the local workforce include:(1) Helping the city and school district better serve the public with vital services;(2) Helping businesses by facilitating greater employee productivity and morale;(3) Enhancing recruitment and retention efforts, and increasing service levels;(4) Reducing traffic congestion and air pollution by people who otherwise would live outside of Davis and commute longer distances to work;(5) Improving the quality of life for Davis employees by bringing them closer to their place of work.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637275", "number": "§ 18.06.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Density bonusmeans entitlement to build additional residential units above the maximum number of units permitted pursuant to existing general plan, applicable specific plan, and zoning designations. Density bonus units are granted and may be constructed only in developments where units of affordable housing built under the city's low-moderate income ordinance are located.Developermeans the owner of record and his or her successors in interest.Developmentmeans one or more projects or groups of projects that include residential units constructed in a contiguous area. A development need not be limited to an area within an individual parcel, or subdivision plat.Exempt condominiumsare residential ownership units in a condominium development that is predominantly composed of stacked air space units not having separate ownership parcels. Townhouse or single family developments are not considered \"exempt condominiums\" under this definition, even if they are structured as condominium units.Familymeans an individual or group of two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses for food or housing.Feasiblemeans capable of being financed, demonstrating the required financing (if any) meets lenders investment standards with respect to the project's loan to value (LTV), debt coverage ratio (DCR), and return on asset (ROA), based on the prevailing interest and discount rates supported in the required appraisal for a like property. Feasible projects should be sustainable projects, taking into account the cost of construction and ongoing maintenance of the project, in addition to the site's essential services.Householdmeans \"family\" as defined in this section. This definition shall not apply to households in which any member is claimed as a dependent for federal income tax purposes by a person or persons residing outside of the household unit unless such person or persons who reside outside the household qualify as very low, low, moderate or middle income persons or families.Middle incomemeans a household earning a gross income of no greater than one hundred eighty percent of the median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Middle income ownership unitsare ownership housing units at prices affordable to middle income households based on the requirements of this article.Middle target incomemeans that the average pricing of middle income units will be affordable to households at one hundred forty percent of median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Moderate incomemeans a household earning a gross income of no greater than one hundred twenty percent of the median income for Yolo County, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development and affirmed by the Davis city council annually.Ownership unitsmeans housing units that can be sold individually and function on their own utilities, while providing an ownership opportunity. Ownership units would include, but are not limited to, single-family units, condominiums, and land trusts, except in circumstances where the unit is converted to rental use.Target income levelsmeans the income levels required to be served by middle income units produced under this ordinance, based on the set standards for median income levels within Yolo County annually derived from the U.S. Department of Housing and Urban Development, adjusted for household size.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637289", "number": "§ 18.06.030", "title": "Applicability of article.", "text": "This article is enacted pursuant to the general police power of the city and is for the purpose of providing middle income housing in Davis consistent with the general plan. This article shall apply to all projects consisting of newly constructed ownership units totaling twenty-six units or greater.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637290", "number": "§ 18.06.040", "title": "Process for provision of middle income housing.", "text": "(a) Middle income housing plan. The developer shall submit, concurrently with or prior to the submission of an application for the first discretionary approval for a project, an application as provided by the city describing the proposed middle income housing plan, in accordance with this article, as well as the affordable housing plan required by the city's low-moderate affordable housing ordinance, that includes the intended method for implementing the project's middle income and affordable housing requirements. A developer may submit an application under this article at any time subject to the planning commission or city council's discretion to deny the application on the sole basis of lack of timeliness. Any application resubmitted by a developer to amend a middle income housing plan after it has been approved by the city shall be deemed a new application for the project. Before any final agreements between parties or transfer of land is made, the project's middle income housing plan shall be approved with other required development entitlements such as general plan amendment or zoning approvals. The middle income housing plan shall adhere to the requirements of this article and affordable housing plan shall adhere to the requirements of the low-moderate affordable housing ordinance. Both shall meet the housing needs of the city and its residents. No contracts shall inhibit the city's ability to make changes to any middle income housing plan in order to improve the plan and its provision of middle income housing units.(b) Approval process of middle income housing plans. The approval process for middle income housing plans will include the following steps:(1) Submission of the middle income housing plan as part of the project application submitted to the community development and sustainability department. Staff shall then refer the middle income housing plan to the social services commission.(2) The social services commission will hold a duly noticed public hearing, where the plan shall be considered. The commission will review the plan for compatibility with this article, adopted city affordable housing goals, and current city housing needs.(3) After a recommendation is given by the social services commission regarding the proposed middle income housing plan, it is then heard at a public hearing before the planning commission. If the project is requesting planning approvals that do not require a city council hearing, then the planning commission's decision is final, but can be appealed to the city council.(4) If the project is requesting planning approvals that require a city council hearing, the recommendations of both the social services commission and the planning commission shall be included in the report to the city council.(c) Building permit issuance. No building permit shall be issued for any new residential ownership unit unless such construction has been approved in accordance with the standards and procedures provided for by this article. The location and type of proposed middle income housing in a development shall be disclosed in writing by each seller to each subsequent purchaser of lots or units within the development, until all of the middle income housing units are completed.(d) Rounding provisions. Where the total middle income units required by this article call for a one-half middle income unit or greater portion, it shall require the provision of one full middle income unit (for example, a requirement of one and one-half shall actually require two units).(e) Buyer selection and screening. Buyer selection and screening shall be carried out by the developer, owner, city, or by the designated responsible party, at the sole expense of the developer. Included in the middle income housing plan submitted by the developer, shall be a proposed marketing plan with an estimated timeline of events, which must be approved by the city and shall adhere to the City of Davis buyer/tenant selection and screening guidelines.The City of Davis will monitor the buyer selection and screening process through required monthly reports, and through the ability to review any and all files regarding the process at any time that city staff requests to do so.The City of Davis will possess the ability to halt any sale of a middle income unit at its discretion, for reasons to include, but not restricted to, the following: if the buyer selection and screening process was not strictly adhered to, or if the buying household is found not to meet the guidelines of qualification, as specified in the guidelines.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637300", "number": "§ 18.06.050", "title": "Standard middle income housing requirements.", "text": "A developer of a residential ownership development consisting of twenty-six or greater units shall provide, to the extent feasible, units offered to middle income households as required in this section. All required middle income units must be constructed on-site and sold as middle income ownership units, as described in this section. Ownership projects consisting of fewer than twenty-six units are not required to provide middle income units.The required middle income housing units shall be constructed on the development project site in compliance with the requirements in this section and the process requirements in Section 18.06.040. The project's middle income housing plan shall comply with these requirements.(a) Project percentage requirements. To the maximum extent feasible, each developer must meet the middle income housing requirement as it pertains to the project, as set forth below:(1) Projects With Fewer Than Twenty-Six Units for Purchase. No middle income affordability requirements.(2) Projects Totaling Twenty-Six to Thirty-Five Units for Purchase. A number equivalent to ten percent of the project's total ownership units being developed, including market rate units, low-moderate affordable units, and any density bonus units resulting from the low-moderate affordability requirement, must be developed as middle income units, as directed in this section.(3) Projects Totaling Thirty-Six to Forty-Nine Units for Purchase. A number equivalent to fifteen percent of the project's total ownership units being developed, including market rate units, low-moderate affordable units, and any density bonus units resulting from the low-moderate affordability requirement, must be developed as middle income units, as directed in this section.(4) Projects Totaling Fifty Units or Greater Units for Purchase. A number equivalent to twenty percent of the project's total ownership units being developed, including market rate units, low-moderate affordable units, and any density bonus units resulting from the low-moderate affordability requirement, must be developed as middle income units, as directed in this section.(5) Projects With Exempt Condominiums. A development project with seventy-five percent or more of its total residential units proposed to be \"exempt condominiums\" (as defined in Section 18.06.020) shall be exempt from the project percentage requirements in this section. The intent of this exemption is to encourage the construction of such projects because of their contributions to the community in terms of infill development, the production of housing options, and inherent housing affordability.(b) Density bonus. No density bonus shall be awarded for the construction of middle income units.(c) Unit types. The developer must provide a mix of two and three bedroom units, with a minimum of fifty-percent of the units as three bedroom units and in a combination of unit types as approved within the Middle Income Housing Plan through the appropriate review process. Smaller and larger unit sizes may be provided as an option, based on local housing needs and project character, as approved during the middle income housing plan review process.Middle income units shall reflect differences from low-moderate income units to reflect the different prices. Such differences may include the size of the house and garage, features, materials, and interior finish. The differences shall be described as part of the middle income housing plan and made part of the design review plans for the housing units.(d) Unit prices. Middle income units shall be affordable to middle income households with incomes equal to or less than one hundred eighty percent of Yolo County area median income (AMI), adjusted for household size. The middle target income shall be households with incomes at one hundred forty percent of AMI, adjusted for household size.Middle income units shall be provided with a range of prices that are affordable to households with incomes between one hundred twenty and one hundred eighty percent of AMI. Prices shall be distributed in affordability among the following income brackets: (1) up to one hundred forty percent of AMI; (2) over one hundred forty and up to one hundred sixty percent of AMI; and (3) over one hundred sixty and up to one hundred eighty percent of AMI. A range of prices is required but the average price shall be affordable to a household with an income at one hundred forty percent of AMI.The prices of middle income housing shall be based on the following percentages of targeted gross household income applied to housing expenses: no more than thirty-five percent of household income shall be used for units priced for household incomes up to one hundred forty percent AMI; no more than thirty-seven and one-half percent of household income shall be used for units priced for household incomes over one hundred forty and up to one hundred sixty percent of AMI; and no more than forty percent of household income shall be used for units priced for household incomes over one hundred sixty and up to one hundred eighty percent of AMI. Household expenses shall include mortgage principal and interest, taxes, insurance, assessments, and homeowner association fees, as applicable. Percentages allowed for the qualifying of the mortgage loan shall be determined by the lender or lenders chosen by the income-qualified household.The housing programs manager shall determine the maximum sales price for these units on an annual basis. The housing programs manager shall propose annual adjustments to the maximum purchase prices based on changes in the area median income, as determined by the U.S. Department of Housing and Urban Development. These prices shall be reviewed annually for adoption by the city council.(e) Incentive system. The middle income housing units created by this article shall be subject to Article 18.07, Incentive System for the Local Workforce.(f) Co-signers not permitted. No co-signers shall be permitted in the sale of middle income ownership units in order to ensure that households within the target income group are served by the middle income units that this article produces.(g) Owner-occupancy restrictions. All person(s) who purchase and own a designated middle income unit pursuant to this article shall occupy that unit as his or her/their principal personal residence for as long as he or she/they own(s) the middle income unit. Such occupancy shall commence within no greater than six months following completion of the purchase. All purchases and occupancy of the unit shall comply with the provisions of Article 18.04, Owner Occupancy.(h) Long-term affordability. In order to retain units built under the city's middle income housing requirement as below-market units into the future, one of the following restrictions shall be adhered to:(1) Appreciation Capped at Five Percent per Year. The middle income unit is restricted to appreciate at a maximum of five percent each year, compounded annually. This amount is based on the average increase in Yolo County area median income of three percent, a three-quarters percent credit for maintenance costs of the unit, and an additional equity return of one and one quarter percent to the owner of the middle income unit.(2) Alternative Proposal. Any other program that proves its ability to provide for long-term affordability, as approved by the social services commission, planning commission, and city council, as required by the individual project's planning entitlements. Proposing an alternative method for long-term affordability must be justified based on current market trends and/or other prevailing circumstances.(i) Right of first refusal. All middle income ownership units shall deed to the City of Davis a permanent right of first refusal on the property, allowing the city the ability to either purchase the unit, or designate an appropriate buyer for the unit at its resale or transfer. The deed restriction shall allow the city to designate a third party to carry out its right of first refusal, and shall also allow for a one percent administrative fee to be taken from the real estate transaction in order for the city to pay for the costs of carrying out the right of first refusal.(j) Resale report. The owners of all middle income ownership units shall be required to clear all city resale reports completed on these units prior to the close of escrow on the resale of each unit. The findings of the city resale inspection that are required to be addressed cannot be transferred to the household purchasing the middle income unit unless the costs of reconciling those items are taken out of the maximum sales price and accepted by the buyer.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637318", "number": "§ 18.06.060", "title": "Project individualized program.", "text": "(a) The developer may meet the city's middle income housing requirement with a project individualized program that is determined to generate an amount of affordability equal to or greater than the amount that would be generated under the standard middle income affordability requirements. The middle income housing units must, at a minimum, meet the same income targets specified in the standard middle income housing requirements.(1) A project individualized program shall be developed by the developer and city staff, taken action on by the social services commission, and if the main project application requires, heard before the planning commission for decision.(2) If the main project is requesting planning entitlements that require city council approval, it shall then be heard before the city council for final decision.(3) If the main project does not require a city council hearing, the planning commission's or the social services commission's determination may be appealed to the city council by any member of the public.(b) The project individualized program is intended to be reviewed thoroughly and scrutinized in public forums, allowing for input from the public, other developers, staff, and at a minimum, the social services commission. The public hearing at the social services commission shall be noticed widely. This public hearing shall scrutinize the project based on the following criteria:(1) Long-term affordability of the middle income units;(2) Community need of the project type based on recent needs assessments and recent projects completed;(3) Uniqueness/innovation of the proposed project;(4) Overall benefits and drawbacks of the project;(5) Project's compliance with the standard middle income housing requirements.These meetings shall be carried out without any finite contracts in place between the parties involved, allowing for the potential direction to the developer to make changes to the project. If the Social Services Commission finds that the proposed project does not satisfy one or all of the criteria listed above, it may choose to direct the developer to fulfill his or her middle income housing requirement based on the standard requirements of Section 18.06.050 of this Code.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637329", "number": "§ 18.06.070", "title": "Fees.", "text": "The city council may, by resolution, establish fees and deposits for processing of applications as required by this article.", "history": "(Ord. 1651 § 3; Ord. 2234, 2006)" }, { "guid": "44637330", "number": "§ 18.06.080", "title": "Exemptions and modifications from middle income housing requirements.", "text": "Residential projects consisting of fewer than twenty-six units are not required to produce middle income units.The requirements of this article may be adjusted or waived if the developer demonstrates to the satisfaction of the city council that there is not a reasonable relationship between the impact of a proposed residential project and the requirements of this article, or that applying the requirement of this article would take property in violation of the United States or California Constitutions.(a) Proposed middle income housing plan. In order for an exemption or modification to be considered by city council prior to construction, the developer must request such exemption/modification with the first application for approval of the residential project and the middle income housing plan. The matter shall be considered before the city council at a public hearing. In making the finding or determination, the city council may consider the following:(1) The developer is subject to the inclusionary housing requirements in this article.(2) The council is able to provide incentives.(3) The developer may build the most economical middle income housing product in terms of construction, design, location, and tenure. For the purposes of a taking determination, the developer has the burden to provide economic and financial documentation and other evidence necessary to prove that the application of this article would constitute a taking of the property without just compensation.If it is determined that the application of the provisions in this article would constitute a taking or that there is not a reasonable relationship between the impact of the proposed project and the requirements of the article, the inclusionary requirements for the residential project shall be modified to reduce the inclusionary housing obligations to the extent and only to the extent necessary to avoid a taking or unreasonable relationship. If it is determined that no taking would occur by application of this article, the requirements of the article remain applicable and no approvals for the residential project shall be issued unless the developer has executed a middle income housing plan pursuant to the requirements of this article and approved by city council.(b) Approved middle income housing plan. Should the developer seek an exemption or modification after a middle income housing plan is approved (such as during construction or after construction of the project), the developer must request an exemption/modification to the approved middle income housing plan. The matter shall be considered before the city council in the same manner as an exemption/modification for a proposed middle income housing plan. The developer shall have the additional burden of demonstrating how conditions have changed since the approval of the middle income housing plan that justifies the exemption/modification. The developer must demonstrate to the satisfaction of the city council that the middle income units cannot be sold subject to the provisions of the middle income housing plan and that specific exemptions or modifications are needed.", "history": "(Ord. 2234, 2006)" }, { "guid": "44637336", "number": "§ 18.06.090", "title": "Suspension of middle income housing requirement.", "text": "The middle income housing requirement detailed in this article is suspended. The city council shall review and assess future need of this requirement in June 2011.", "history": "(Ord. 2345, 2009)" } ] }, { "guid": "44637337", "title": "INCENTIVE SYSTEM FOR THE LOCAL WORKFORCE", "number": "18.07", "url": "https://ecode360.com/44637337", "sha256": "55fd8e73e9b293ae57fc8fb81fb16d10536347739eaf0dff1ed5030fed6ad422", "exportedArticleSha256": "63196ace7df1fa98e58b0ebe63b30b24feac15b698b183ff96b43b61027f2b99", "sections": [ { "guid": "44637338", "number": "§ 18.07.010", "title": "Purpose and findings.", "text": "The purpose of this article is to implement a general plan policy to establish an incentive system for the local workforce, such as a lottery, as part of the city's buyer selection process for low-moderate and middle income ownership units. The system is intended to provide the highest number of lottery tickets to households with a member of the local workforce.The city council hereby finds:(a) The State of California Government Code Sections 65580 and 65589.5 state the following findings and goals for housing:(1) Local governments have a responsibility to use the powers vested in them to provide for the housing needs of all economic segments of the community considering economic, environmental, and fiscal factors and community goals set forth in the general plan. Each locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal.(2) California housing has become the most expensive in the nation. Among the consequences are lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.(b) The establishment of an incentive system for the local workforce by the City of Davis is consistent with the state legislature's housing goals and intent in that:(1) The City of Davis is interested in providing housing which is affordable to its local workforce as well as other underserved households.(2) The City of Davis is using its vested powers to provide for the housing needs for all economic segments of the community and the local workforce in particular.(3) The City of Davis is attempting to provide housing for the local workforce to support the community's growth in employment, retain a balance of jobs and housing, provide mobility, and preserve air quality. The City of Davis is attempting to avoid urban sprawl and excessive commuting.(c) The establishment of an incentive system for the local workforce by the City of Davis is consistent with the city's general plan policies which call for a mix of housing types that meet a variety of needs. These policies include:(1) Vision 2. Base residential growth on internal housing needs, primarily the needs of the local workforce.(2) Policy Housing 4.2. Provide affordable housing opportunities for the local workforce in the Davis area.(3) Policy Housing 4.3. Promote a linkage between new ownership housing and the local workforce.(4) Action Housing 4.3a. Implement an incentive system for the local workforce, such as a lottery, as part of the city's buyer selection process for low-moderate income and middle income affordable ownership units. The system shall provide the highest number of lottery tickets to households with a member of the local workforce.(d) The Davis housing market is not providing adequate ownership housing opportunities for the city's local workforce. The city's goal is to provide a range of housing for its local workforce and has chosen to take action to ensure that affordable housing is constructed and maintained within the City of Davis. The city council directed staff to research mechanisms for providing such housing.(e) The implementation of a incentive system for the local workforce within a lottery does not exclude any household from the affordable ownership opportunities within the City of Davis and allows structural opportunity within the system for the city to compensate for any disparate impacts to protected groups, such as seniors and persons with disabilities.(f) The city council finds that the incentive system for the local workforce would not discriminate against protected classes including minorities, persons with disabilities, seniors, and families with children.The incentive system would not discriminate against racial minorities considering the \"planning area\" where employees are given a preference in the lottery system. The racial and ethnic make-up of the employees within the \"planning area\" (including the City of Davis, UC Davis and the parts of unincorporated Yolo County within the \"planning area\") is similar to that of the employment in the larger Yolo-Sacramento Consolidated Metropolitan Statistical Area (CMSA).In general, persons with disabilities and seniors tend to have a lower labor force participation rate than the general adult public. Therefore, it is likely that under a local employee incentive system the persons with disabilities and seniors may have proportionately fewer opportunities to obtain housing than the rest of the community's households. This occurrence has been corrected by the inclusion of additional categories for both seniors and persons with disabilities that provide these groups with additional tickets in the lottery, regardless of their participation in the local workforce.It is difficult to characterize the potential impact of a local employee incentive system on households with children. Households with children, however, are more likely to have a member in the workforce than the public at large, in which case it is unlikely that a local employee incentive system would adversely affect households with children.(g) Protected classes would have reasonable opportunities to obtain housing in Davis and not be excluded from housing due to the local employee incentive system. The vast majority of new homes available for sale would not be subject to the local employee incentive system and would be available to any household able to pay purchase price. There are ample opportunities in the resale of existing homes in the community that would not be subject to the local employee incentive system. The incentive system will provide one lottery ticket to interested persons who are not local employees. Rental housing opportunities are not affected by the incentive system.(h) The public purposes served by providing housing opportunities for the local workforce include:(1) Helping the city, school district, and local hospital to better serve the public with vital services;(2) Helping businesses by facilitating greater employee productivity and morale;(3) Enhancing recruitment and retention efforts, and increasing service levels;(4) Reducing traffic congestion and air pollution by people who otherwise would live outside Davis and commute longer distances to work;(5) Improving the quality of life for Davis employees by bringing them closer to their place of work.(i) The city council has considered the potential environmental effects from the incentive system for the local workforce to buy housing units produced under the city's inclusionary requirements and finds that the project would not have a significant effect on the environment or a cumulatively considerable environmental effect in that the project. The incentive system would not affect the amounts or allowable densities of residential development in the general plan. The project would have cumulatively beneficial effect by providing housing opportunities for the local workforce. Workforce housing would reduce traffic congestion and air pollution by Davis workers who otherwise would live outside Davis and commute longer distances to work. City council approves Negative Declaration No. 03-05 for this project.", "history": "(Ord. 2242 § 1, 2006)" }, { "guid": "44637362", "number": "§ 18.07.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Affordable ownership housingis housing affordable, based upon mortgage payments or monthly carrying charges, to very low, low, moderate, and middle income households. This term includes all ownership units constructed in order to meet the requirements of Articles 18.05 and 18.06 of the Davis Municipal Code.General publicis a category that includes households that do not fit into any of the other categories provided within the incentive system.Local workforceis a category that includes households with an adult who works a minimum and an average of thirty hours per week and has done so for the past six months at a business or other organization that is located within the Davis planning area, as shown in the \"planning area\" map found in the Davis general plan. This incentive shall exclude workforce members of other incorporated cities within the \"planning area\" map. In order to qualify, the individual must have been a member of the workforce of a local business or other organization for a minimum of six months, as evidenced at the time of application for the affordable ownership housing unit.Persons with disabilitiesis a category that includes households consisting of a head of household, spouse, domestic partner, or sole member who has a physical or mental impairment that limits one or more major life activities, as defined in the Fair Employment and Housing Act (FEHA) of California Government Code Section 12926(i)(1) and (2), and (k)(1) and (2).Senioris a category that includes households consisting of a head of household, spouse, domestic partner, or sole member that is at least sixty-two years of age.", "history": "(Ord. 2242 § 1, 2006)" }, { "guid": "44637368", "number": "§ 18.07.030", "title": "Applicability of article.", "text": "This article is enacted pursuant to the general police power of the city and is for the purpose of connecting affordable ownership housing opportunities in Davis with the city's local workforce, due to the assessed advantages of doing so. Advantages of having members of the local workforce also reside within the city have been identified in the analysis prepared for the City of Davis to address the needs and impacts of middle income housing. This article shall apply to all affordable ownership units completed after March 8, 2005.", "history": "(Ord. 2242 § 1, 2006)" }, { "guid": "44637369", "number": "§ 18.07.040", "title": "Incentive system.", "text": "(a) Lottery system. A lottery system shall be used to incorporate the city's adopted incentive system for the local workforce into the city's buyer selection process. This lottery shall be held in compliance with the City of Davis buyer/tenant selection and screening guidelines. Applications for the lottery of affordable ownership units shall include the request for information regarding whether the household fits into one of the incentive system's defined categories: local workforce, persons with disabilities, or seniors. The application shall also require verification of such a household characteristic, as detailed in the City of Davis buyer/tenant selection and screening guidelines.(b) Incentive system category verification. Each of the categories defined by the incentive system shall require verification submitted with the household's application to be placed into the lottery. The verifying documents for each category shall be defined within the City of Davis buyer/tenant selection and screening guidelines. These verifying documents shall only be used to determine a household's incentive category in the lottery, and will not be provided as public record.(c) Incentive system monitoring. The City of Davis shall have the right to review any and all verifying documents for applicants within this incentive system.(d) Lottery ticket distribution. Based on the information provided within the household's application and the determination of the household's appropriate category after review of the required verifying documents, the following ticket amounts shall be distributed for each category (per the definitions in Section 18.07.020):(1) Local Workforce. Four tickets to a household with an adult who is a member of the local workforce.(2) Persons with Disabilities. Two tickets to a household with a head of household, spouse, domestic partner, or sole member who has a disability.(3) Seniors. Two tickets to a household with a head of household, spouse, domestic partner, or sole member who is a senior.(4) General Public. One ticket to a household that does not fit into one of the other categories.The community development and sustainability director shall determine the appropriate number of lottery tickets that shall be assigned in special circumstances, where the qualification of the applying household into one of the specified categories is unclear. Any person aggrieved by such a determination, may file a written appeal to the city clerk within ten days of the final determination. The appeal shall be heard by the city council for final decision.(e) Maximum number of tickets per household. Should a household qualify for more than one of the above categories, the highest qualification shall be used. Therefore, the maximum number of tickets permitted for a single household will be four tickets and the minimum will be one ticket.(f) One application per household. Any persons who have or intend to apply as a household for the purposes of qualifying for a mortgage loan, shall also be treated as one household for the purposes of determining the maximum number of lottery tickets for the applying persons of that household. Persons who qualify for a mortgage as one household must apply as one household, under one application for units within the city's affordable housing program (low, moderate, and middle income units).Details regarding this restriction are provided in the City of Davis buyer/tenant selection guidelines.", "history": "(Ord. 2242 § 1, 2006; Ord. 2390 § 2, 2012)" }, { "guid": "44637380", "number": "§ 18.07.050", "title": "Exemptions from incentive system for the local workforce.", "text": "(a) All very low, low, moderate, and middle income affordable ownership units shall be subject to the requirements of this article, unless the project can prove to the city council that doing so would negatively impact the overall feasibility of the project.(b) The requirements of this article may be adjusted or waived pursuant to the exemption process specified in Sections 18.05.080 and 18.06.080 of the low-moderate and middle income ordinances.", "history": "(Ord. 2242 § 1, 2006)" } ] }, { "guid": "44637383", "title": "FAIR HOUSING LAWS—REASONABLE ACCOMMODATION", "number": "18.08", "url": "https://ecode360.com/44637383", "sha256": "813b53bc2863e16087ce94713d096b11c9547f643662cfc253a1099edc435f08", "exportedArticleSha256": "129a46b6dc434d63d206bb364f6c635ac32d3914c0e8a1646794d1106a2bbc58", "sections": [ { "guid": "44637384", "number": "§ 18.08.010", "title": "Purpose.", "text": "It is the policy of the City of Davis, 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. The ordinance codified in this article 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.", "history": "(Ord. 2322, 2008)" }, { "guid": "44637385", "number": "§ 18.08.020", "title": "Findings.", "text": "The city council of the City of Davis finds:(a) The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;(b) The Housing Element of the City of Davis must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;(c) The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities; and(d) A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning regulations, policies, practices and procedures will further Davis' compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.", "history": "(Ord. 2322, 2008)" }, { "guid": "44637390", "number": "§ 18.08.030", "title": "Applicability.", "text": "(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 Section 12926(i)(1), (2), and (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.(d) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This article is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in this article shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.", "history": "(Ord. 2322, 2008)" }, { "guid": "44637395", "number": "§ 18.08.040", "title": "Notice to the public of availability of accommodation process.", "text": "Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the community development and sustainability department, advising the public of the availability of the procedure for eligible individuals. Notice shall also be posted on the city's website. Forms for requesting reasonable accommodation shall be available to the public in the community development and sustainability department and through the city's main website.", "history": "(Ord. 2322, 2008)" }, { "guid": "44637396", "number": "§ 18.08.050", "title": "Requests for reasonable accommodation.", "text": "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 Davis Request for Reasonable Accommodation Form and submitting it to the community development and sustainability 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.", "history": "(Ord. 2322, 2008)" }, { "guid": "44637410", "number": "§ 18.08.060", "title": "Reviewing authority.", "text": "(a) Requests for reasonable accommodation shall be reviewed by the community development and sustainability director, if no discretionary approval is sought other than the request for reasonable accommodation.(b) The community development and sustainability director shall issue a written decision on a request for reasonable accommodation within forty-five days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 18.08.070.(c) If necessary to reach a determination on the request for reasonable accommodation, the community development and sustainability director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.(d) 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. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 18.08.070 of this article.", "history": "(Ord. 2322, 2008; Ord. 2390 § 2, 2012)" }, { "guid": "44637415", "number": "§ 18.08.070", "title": "Required findings.", "text": "(a) The community development and sustainability director shall make a finding to:(1) Grant the reasonable accommodation as requested;(2) Grant the reasonable accommodation with modifications; or(3) Deny the request for reasonable accommodation.(b) In making a determination as to whether a requested accommodation is reasonable, the city will consider whether the accommodation:(1) Would impose an undue financial or administrative burden on the city; or(2) Would require a fundamental alteration in the nature of a city land use and zoning, building program or state or federal laws.(c) In making a finding as to whether to grant a reasonable accommodation, the following factors will be considered:(1) Whether the housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under fair housing laws;(2) Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;(3) Potential impact on surrounding uses and residents;(4) Potential benefit that can be accomplished by the requested accommodation;(5) Physical attributes of the property and structures;(6) Alternative reasonable accommodations which may provide an equivalent level of benefit;(7) Whether the requested alteration can be removed if the housing unit is not occupied by a person requiring the requested accommodation.", "history": "(Ord. 2322, 2008; Ord. 2390 § 2, 2012)" }, { "guid": "44637431", "number": "§ 18.08.080", "title": "Conditions of approval.", "text": "In granting a request for reasonable accommodation, the community development and sustainability director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 18.08.070. Conditions 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.", "history": "(Ord. 2322, 2008; Ord. 2390 § 2, 2012)" }, { "guid": "44637432", "number": "§ 18.08.090", "title": "Written decision on the request for reasonable accommodation.", "text": "(a) The written decision on the request for reasonable accommodation shall be mailed within forty-five days of the request and shall explain in detail the basis of the decision, including the community development and sustainability director's findings on the factors set forth in Section 18.08.070. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by first class mail.(b) The written decision of the community development and sustainability director shall be final unless an applicant appeals it to the city manager or planning commission as appropriate, based on a determination by the community development and sustainability director of the related governing body. Any person may appeal the decision to deny his or her request for reasonable accommodation by requesting a hearing before the city manager or planning commission as appropriate, within twenty-one days of the date of the written decision.(c) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.", "history": "(Ord. 2322, 2008; Ord. 2390 § 2, 2012; Ord. 2634 § 10, 2022)" }, { "guid": "44637436", "number": "§ 18.08.100", "title": "Appeals.", "text": "(a) Within twenty-one days of the date of the community development and sustainability director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and submitted to the community development and sustainability department.(b) All appeals shall contain a statement of the grounds for the appeal. 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.(c) The city manager or planning commission shall hold a public hearing on the appeal. The decision of the planning commission or city manager shall be final. A written decision of the planning commission or city manager shall be mailed to the appealing party within five days of the appeal hearing.(d) If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.(e) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.", "history": "(Ord. 2322, 2008; Ord. 2390 § 2, 2012; Ord. 2634 § 10, 2022)" } ] }, { "guid": "44637442", "title": "UNIVERSAL DESIGN CHECKLIST", "number": "18.09", "url": "https://ecode360.com/44637442", "sha256": "2094f60c040aba2130773df0532e7fc461b7422422c54a6a8bd988fdcd9ea13e", "exportedArticleSha256": "e780891258239a4f5a19343427bff26ab128555d171f190a2bfffeb067430dd7", "sections": [ { "guid": "44637443", "number": "§ 18.09.010", "title": "Purpose and findings.", "text": "(a) California law, Section 17959.6 of the Health and Safety Code, requires a builder of new and substantially rehabilitated single-family residential units to provide potential buyers/current owners with a list of specific universal design features, specifying the availability and cost of each feature. This article locally enacts these requirements in an effort to inform buyers and owners of available universal design features, and with the objective of increasing the development of housing that can accommodate the needs of all community members, regardless of their changing needs and abilities.(b) The city council hereby finds as follows:(1) In accordance with the direction of State Assembly Bill 2787 (Chapter 726 of Statutes of 2002) and Assembly Bill 1400 (Chapter 648 of Statutes of 2003), the City of Davis is adopting an ordinance to implement state requirements that California developers constructing new single-family dwelling units provide a checklist of universal accessibility features to potential purchasers/current owners of the home, listing the availability, timing, standards, and costs of each feature.(2) There is a need for housing that can accommodate seniors and persons with disabilities, particularly ownership housing opportunities that typically do not have accessibility requirements under California Uniform Building Code.(3) The City of Davis has an obligation to provide a range of housing options within the community, including housing with visitable and accessible features.(4) The population of the State of California is aging, which leads to an increased need for housing with features of universal design. The local senior population is likely to more than double in its percentage of the population over the next fifteen years according to the California State Department of Aging.(5) It is highly desirable for people to be able to age in place or remain in a housing unit regardless of changing needs for accommodation. Housing with features of universal design allows aging persons and persons with changed circumstances or needs to remain in their housing unit, where they are connected with their community, have greater certainty of housing costs, and are familiar and comfortable with their environment.(6) As the offering and incorporation of universal design features throughout the building industry becomes common, construction costs related to visitable and accessible housing become typical, increase in availability, and decrease in cost.(7) With limited housing development currently planned, it is essential that all new and substantially rehabilitated housing units be built with the consideration and offering of universal design features.(8) The required checklist will make existing and future owners aware of any universal design features that are available to them, and the cost at which the features are available in the construction or substantial rehabilitation of a single-family dwelling unit.(9) It is more affordable to incorporate features of universal design during the initial construction or substantial rehabilitation of a single-family dwelling unit.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637455", "number": "§ 18.09.020", "title": "Definitions.", "text": "For the purpose of this article, the following terms shall have the following definitions:Accessible.Consistent with or as defined by the California Building Code, Chapter 11A, as amended.ANSI A117.1.The most current version of the \"Standard on Accessible and Usable Buildings and Facilities,\" commonly known as \"ICC/ANSI A117.1,\" published by the International Code Council and American National Standards Institute, Inc.Bathroom.A room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.CBC, Chapter 11A.Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.Common use room.A room commonly used by residents or guests to congregate.Condominium.As defined by the California Building Code.Contractor.This shall be the same as developer for the purposes of this article.Developer.The individual or organization that is managing and/or constructing the new construction or substantial rehabilitation of the single-family dwelling unit(s).Dwelling unit.As defined by the California Building Code.Dwelling unit, single-family.A building designed for or used exclusively for residence purposes by one household. Such dwelling unit types could include single-family, duplex, triplex, townhouse, condominium or other dwelling units that are developed in a manner that allows for individual ownership.Future owner.A household that is in contract or has made some commitment to purchasing the single-family dwelling unit that is under construction or undergoing substantial rehabilitation.Household.An individual or group of two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling unit and where the adult residents share expenses for food or rent.New construction.Development of any dwelling unit where it was either not existing previously or where one was previously demolished to be rebuilt.Owner.The household that does or will own the single-family dwelling unit being developed or substantially rehabilitated.Owner-occupied.Any dwelling unit not intended, at the time of application for the building permit, to be occupied as a rental dwelling unit.Powder room.A room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms.Primary entry.The principal entrance through which most people enter a building or residential unit, as designated by the building official.Rental.Any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.Substantial rehabilitation.The reconstruction of the primary entry, any hallway, or one bathroom or powder room on the route from the primary entry.Visitable residential dwelling.A residential dwelling unit that includes the following features, consistent with California Uniform Building Code requirements: accessible path to zero-threshold entry, zero threshold entry, accessible path of travel within unit (wider hallways), accessible half or full bath on the ground floor (with grab bar backings), and an accessible common room.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637476", "number": "§ 18.09.030", "title": "Applicability.", "text": "This article is enacted pursuant to the general police power of the city and is for the purpose of ensuring that developers of all new single-family dwelling units and those undergoing substantial rehabilitation provide the state-required checklist of universal design features to each potential future owner or existing owner of single-family dwelling units, as detailed in this article. This article shall apply to the development and rehabilitation of all single-family dwelling units with building permits issued on or after September 1, 2008.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637477", "number": "§ 18.09.040", "title": "Provision of checklist of universal design features.", "text": "Prior to the developer's application for building permits, the developer shall provide a checklist of universal design features to all future owners/owners of the single-family dwelling units to be developed or substantially rehabilitated.(a) Checklist offering. The developer or contractor of the new or substantially rehabilitated single-family dwelling unit shall provide in writing to the future owner or owner of the dwelling unit a checklist of the features included in Section 18.09.050. The checklist of features shall be reviewed with the future owner/owner, the future owner or owner shall check any available features that he or she/they desire, and the future owner or owner shall sign and date the checklist to document his, her or their receipt of it. A minimum of fourteen days shall be provided to the future owner or owner for consideration of the checklist. A form checklist will be made available in the city's community development and sustainability department. Any checklist a developer uses that is substantially the same as the city's form checklist, will be deemed in compliance with the requirements of this article. If a future owner is identified after building permit issuance, no checklist offering is required.(b) Submittal of checklist documentation. The signed checklist for each unit that has an identified future owner or owner shall be submitted to the city's building division as part of the building permit application to build a new single-family dwelling unit or to complete substantial rehabilitation of an existing single-family dwelling unit. If no future owner has been identified at the time of building permit issuance, the developer or contractor shall sign a city-provided form confirming this information.(c) Required information for checklist. The checklist shall be comprised of the features included in Section 18.09.050. The list shall also allow the buyer to make a written request for universal design features not on the list and shall list any additional options being offered voluntarily by the developer. Each feature on the checklist shall including the following information:(1) Availability. Each feature shall have one of the following availability designations: \"standard\" in the construction of the dwelling unit, \"limited\" in availability (either due to construction timing or individual unit design), \"optional,\" or \"not available.\"(2) Timing. The construction period before which the feature must be requested by the potential future buyer for any feature that is listed as limited or optional.(3) Standards. Specific standards of installation shall be provided for each feature, particularly features that are included in Chapter 11A of California Building Code. The developer and buyer are permitted to agree in writing to different standards of installation for checklist items, if the agreed upon changes are clearly disclosed on the checklist.(4) Cost. The total cost being charged by the developer for providing the feature in the dwelling unit. If the cost is negotiated between the developer and the future owner or owner of the property, the agreed upon cost shall be noted on the checklist. Features shall be priced based on reasonable market costs at the time the list is provided.(d) Development of checklist items.(1) Items to Offer. The developer is required to make available any feature on the checklist, as well as items requested by the future owner or owner, unless doing so substantially delays the project (by no fewer than five working days), adds additional project costs that cannot be recaptured, or if the features are deemed not available based on the limitations of project design.(2) Items to Install. A developer is required to install any feature listed as an available feature if both of the following occur: (A) the buyer requests the feature within the specified phase of construction, and (B) the buyer agrees to provide payment for the cost of the feature.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637488", "number": "§ 18.09.050", "title": "Checklist of universal design features.", "text": "This section is comprised of the universal design features that shall be included in the checklist that is required to be offered to a future owner or owner. Features shall be offered based on availability, timing, and cost, as stated in Section 18.09.040.(a) Exterior features. The following universal design features related to the exterior of a dwelling unit shall be included in the checklist:(1) Accessible route of travel to dwelling unit from public sidewalk or to primary or agreed upon entrance; this could include a graded path or ramp;(2) No-step entry (one-half inch or less threshold) for at least one exterior door;(3) Accessible landscaping of at least one side yard, including accessible planter boxes or ground materials that provide wheelchair access;(4) Exterior doors with a minimum thirty-two inch width;(5) Accessible maneuvering clearances, hardware, and strike edge clearances for exterior doors;(6) Accessible/dual peephole and doorbell for exterior door(s);(7) Sidelight/window that can be seen through for exterior door(s);(8) Accessible sliding glass door and threshold height;(9) Weather-sheltered entry area(s).(b) General interior features. The following universal design features related to the general interior of a dwelling unit shall be included in the checklist:(1) Accessible route of travel to at least one bathroom/powder room, kitchen, and common room;(2) Accessible route of travel throughout the dwelling unit;(3) Forty-two inch wide hallways/maneuvering clearances with thirty-two inch clear doorways;(4) Thirty-nine inch wide hallways/maneuvering clearances with thirty-four inch clear doorways;(5) Accessible hardware, strike edge clearance, and thresholds on interior doorways;(6) Light switches, electric receptacles, and environmental and alarm controls at accessible heights and locations when over barriers (such as counters, shelves, or stairs);(7) Rocker light switches/controls;(8) Visual smoke/fire/carbon monoxide alarm;(9) Audio and visual doorbell and/or security alarm;(10) Adjustable (thirty-six inches to sixty inches) rods/shelves in closets;(11) Non-slip carpet/floor in dwelling unit;(12) Handrail reinforcement or handrail installation in rooms or routes of travel;(13) Interior stairway lift, dwelling unit elevator, and option for installation of electrical, reinforcement, and designated location for future lift or elevator.(c) Kitchen features. The following universal design features related to the kitchen of a dwelling unit shall be included in the checklist:(1) At least one kitchen on accessible route of travel;(2) Adequate work/floor space in front of: stove, refrigerator, dishwasher, sink, and oven, in accordance with Chapter 11A of California Building Code;(3) U-shaped kitchen space requirements in accordance with Chapter 11A of California Building Code;(4) Accessible appliances (doors, controls, etc.): stove, refrigerator, dishwasher, sink, oven (if not part of stove), and microwave/receptacle at countertop height;(5) Accessible countertops: all or a specified portion repositionable, including the following options: one or more breadboards at fifteen inches wide and twenty-eight to thirty-two inches high, one or more counter areas at thirty inches wide and twenty-eight to thirty-two inches high, and one or more workspaces at thirty inches wide with knee/toe space;(6) Base cabinets and wall cabinets that pull out and/or have Lazy Susan shelves;(7) Additional interior cabinet lighting or under-cabinet lighting;(8) Accessible handles/touch latches for doors/drawers;(9) Under-cabinet roll-out carts;(10) Kitchen sink with a repositionable height;(11) Removable base cabinets under sink;(12) Single-handle lever faucet, with option for hose/sprayer feature and anti-scald device;(13) Contrasting colors on the following items: edge border of cabinets/counters, flooring in front of appliances, and flooring on route of travel.(d) Bathroom/powder room features. The following universal design features related to the bathroom/powder room of a dwelling unit shall be included in the checklist:(1) At least one full bathroom on accessible route of travel;(2) Maneuvering space: thirty by forty-eight inch turning area and sixty-inch diameter turning area;(3) Clear space for toilet and sink: thirty-six by thirty-six inches and thirty by forty-eight inches clear use area;(4) Accessible bathtub and/or roll-in shower (for bathrooms only);(5) Grab bar reinforcement backing and grab bars in bathtub and shower;(6) Single-handle lever faucets;(7) Offset controls of the shower for exterior use;(8) Accessible toilet with grab bars;(9) Sink/lavatory: standard with undersink cabinets, standard with removable base cabinets, pedestal or open front sink;(10) Accessories: lower/accessible medicine chest, accessible counter space near sink, single-handle lever faucets, anti-scald devices for sink(s), accessible handles/touch latches for doors/drawers, lower towel rack(s), lower/tilted mirror(s), contrasting floor color, fold-down/fixed shower seat(s), accessible toilet tissue holder, and hand-held adjustable shower spray unit(s).(e) Common room features. The following universal design features related to the common room of a dwelling unit shall be included in the checklist:(1) Dining room on accessible route of travel;(2) Living room on accessible route of travel;(3) Den/study on accessible route of travel;(4) Accessible route of travel in split-level room and no split level room.(f) Bedroom features. The following universal design features related to the bedroom(s) of a dwelling unit shall be included in the checklist:(1) Bedroom(s) located on accessible route of travel;(2) Closets have minimum thirty-two inches clear opening and adjustable (thirty-six to sixty inches) shelves and bars;(3) Larger walk-in closets.(g) Laundry area features. The following universal design features related to the laundry area of a dwelling unit shall be included in the checklist:(1) Accessible workspace;(2) Accessible cabinets;(3) Accessible handles/touch latches for doors/drawers;(4) Accessible appliances, specifically washer and/or dryer.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637552", "number": "§ 18.09.060", "title": "Fees.", "text": "The city council may, by resolution, establish fees and deposits for the processing of checklist documentation and/or exemption applications resulting from this article.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637553", "number": "§ 18.09.070", "title": "Exemptions and modifications from required offering of checklist of universal design features.", "text": "(a) The requirements of this article may be adjusted or waived if the developer demonstrates to the satisfaction of the city manager that applying the requirements of this article would take property in violation of the United States or California Constitutions.(b) Initial application for building permits. In order for an exemption or modification to be considered by the city manager prior to construction, the developer must request such exemption/modification with the first application for approval of building permits for the residential project. The matter shall be considered by the city manager within thirty days of the request being made by the project developer. In making the finding or determination, the city manager may consider the following:(1) The developer is subject to the checklist requirements in this article;(2) Items on the checklist that substantially delay the project by no fewer than five working days (based on the timing of the request by the future owner), or are presented as infeasible based on project design, are not required to be offered by the developer;(3) The developer may negotiate with the future owner on the costs of installing features requested from the checklist, based on current market pricing of the items.(c) For the purposes of a taking determination, the developer has the burden to provide economic and financial documentation and other evidence necessary to prove that the application of this article would constitute a taking of the property without just compensation.(d) If it is determined that the application of the provisions in this article would constitute a taking, the checklist requirements for the residential project shall be modified to reduce the project's obligations to the extent and only to the extent necessary to avoid a taking. If it is determined that no taking would occur by application of this article, the requirements of the article remain applicable and no approvals for the building permits of the residential project shall be issued unless the developer has fulfilled the checklist requirements pursuant to the requirements of this article and as approved by the city manager.", "history": "(Ord. 2321, 2008; Ord. 2634 § 11, 2022)" }, { "guid": "44637561", "number": "§ 18.09.080", "title": "Enforcement.", "text": "Any violation of this law is enforced by the local building department and local public prosecutors, and is punishable by civil penalties. Building permits subject to this article of the Davis Municipal Code will not be \"finaled\" or given a final approval by the building division of the Davis community development and sustainability department unless or until the requirements of this article have been fulfilled.", "history": "(Ord. 2321, 2008)" }, { "guid": "44637562", "number": "§ 18.09.090", "title": "Severability.", "text": "If any provision, clause, sentence or paragraph of this article, or application thereof to any person or circumstances, be held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application and to this end, the provisions of this article are declared to be severable.", "history": "(Ord. 2321, 2008)" } ] }, { "guid": "44637563", "title": "UNIVERSAL ACCESS", "number": "18.10", "url": "https://ecode360.com/44637563", "sha256": "f81fd40a0b1b7098091b4520d038b2f5ca85abc2c3fa1296853c00f80a073a47", "exportedArticleSha256": "6b274d7a13c64400c155e6be06c58cda114a698e1bba8eff4dbc9513a39057dd", "sections": [ { "guid": "44637564", "number": "§ 18.10.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the following meanings:Accessible routemeans a continuous and unobstructed path connecting all accessible elements and spaces in a building or within a site that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other mobility impairments.Bathroommeans a room which includes a water closet (toilet), lavatory (sink), and a bathtub and/or a shower. It does not include single-fixture facilities or those with only a water closet and lavatory. It does include a compartmented bathroom. A compartmented bathroom is one in which the fixtures are distributed among interconnected rooms. A compartmented bathroom is considered a single unit and is subject to the requirements of this chapter.Carriage unitmeans a dwelling unit with living space on one or more floors immediately above a private garage or garages. The footprint of the garage or garages is used as the footprint for the remaining floor or floors of the units above and the garage level contains no habitable space. Note: Dwelling units located over a common garage shall not be considered carriage units.Common roommeans a room that is typically used by all occupants such as a living room, dining room, den or other similar rooms.Core areameans the land area defined by the boundaries used on the map for the City of Davis Core Area Specific Plan.Dwelling unit/unit/housing unitmeans a single unit of residence for a household or one or more persons.Ground floormeans the floor of a building with a building entrance on an accessible route that includes a low or zero threshold entry. A unit may have one or more ground floors.Newly constructedmeans a building that has never before been used or occupied for any purpose.Path of travelmeans a passage that may consist of walks, sidewalks and other improved areas or a necessary combination thereof, which provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. A \"path of travel\" includes a continuous, unobstructed way of pedestrian passage by means of which a particular area may be approached, entered and exited, and which connects a particular area with an exterior approach, an entrance to the dwelling, and other parts of the dwelling.Powder room/half-bathmeans a room containing only a water closet (toilet) and lavatory (sink).Slopemeans the relative steepness of the land between two points and is calculated based on the horizontal distance and elevation change between the two points. The difference in elevation is divided by the distance and the resulting fraction is multiplied by one hundred to obtain the percentage.Three-quarters bathmeans a room containing a water closet (toilet), shower, and lavatory (sink).Universal accessmeans the city-adopted standards required in the development of new single-family units that are being included to enhance a unit's overall accessibility, promote aging in place, and support the principles of universal design for the unit's owners, renters, and visitors alike.Words and phrases not otherwise defined in this article shall be interpreted based on the definitions found within Chapter 8, Buildings, of the City Municipal Code.", "history": "(Ord. 2450A § 2, 2015)" }, { "guid": "44637578", "number": "§ 18.10.020", "title": "Applicability of requirements.", "text": "All single-family units and units not otherwise subject to multifamily building code requirements shall be subject to these requirements, unless otherwise stated in Section 18.10.050, Exempt units.", "history": "(Ord. 2450A § 2, 2015)" }, { "guid": "44637579", "number": "§ 18.10.030", "title": "Universal access components.", "text": "All new housing units deemed subject to the requirements of this article shall, at minimum, include the following components of accessibility in the development of said units:(a) Low threshold entry. One low threshold entry at either the front door or from the garage to the house. The door shall have a minimum thirty-two-inch clear opening, the threshold shall be no higher than one-half inch and comply with the following:(1) Thresholds with a change in height of not more than one-quarter inch (6.35 mm) may be vertical.(2) Thresholds with a change in height between one-quarter inch (6.35 mm) and one-half inch (19.05 mm) shall be beveled with a slope no greater than one unit vertical in two units horizontal (fifty percent slope).(b) Exterior accessible route. Exterior zero-step walkway to low threshold entry at least thirty-six inches wide, without any steps, which is provided from driveway into house or an alternative path. It is not the intention of this article to require a fully accessible route in compliance with state and or federal accessibility regulations from the public right-of-way to the dwelling.(c) Interior accessible route. A no-step interior accessible route on ground floor with interior doorways having at least a thirty-two-inch clear opening and hallways at least thirty-six inches wide throughout.(d) Bathrooms and half bathrooms. One accessible bathroom or three-quarters bath on the floor accessible from the interior and exterior paths of travel. This shall include required installation of a shower and adequate space to allow for future retrofit of the shower into one measuring a minimum of forty-two inches wide by forty-eight inches deep, with an entrance opening of at least thirty-six inches. Adequate space for future renovation could be a closet or other space that would require minimal alteration to retrofit; and all bathrooms, three-quarters bath, and half bath/powder rooms with installation of reinforcement for grab bars within walls. Reinforcement for grab bars shall be installed as follows:(1) Reinforcement for grab bars at the water closet shall be installed on both sides or one side and the back. If reinforcement is installed at the back, it shall be installed between thirty-two inches and thirty-eight inches above the floor. The grab bar reinforcement shall be a minimum of six inches nominal in height. The backing shall be a minimum of forty inches in length. Reinforcement installed at the side of the water closet shall be installed thirty-two inches to thirty-eight inches above the floor. The reinforcement shall be installed a maximum of twelve inches from the rear wall and shall extend a minimum of twenty-six inches in front of the water closet. The grab bar reinforcement shall be a minimum of six inches nominal in height.(2) Reinforcement for grab bars at the bathtub shall be located on each end of the bathtub, thirty-two inches to thirty-eight inches above the floor, extending a minimum of twenty-four inches from the front edge of the bathtub toward the back wall of the bathtub. The grab bar reinforcement shall be a minimum of six inches nominal in height. Grab bar reinforcement shall be installed on the back wall of the bathtub a maximum of six inches above the bathtub rim extending upward to at least thirty-eight inches above the floor. Grab bar backing shall be installed horizontally to permit the installation of a forty-eight-inch grab bar with each end a maximum of six inches from the end walls of the bathtub. The grab bar reinforcement shall be a minimum of six inches nominal in height.(e) Common room. An accessible common room with no steps that is connected to the thirty-six-inch wide interior accessible route.(f) Stairs accommodation. In two or more story units, one or more of the following shall be included:(1) Electrical outlets at stairs to accommodate future stair chairlift installation; or(2) Placement of stacked closets to accommodate future home elevator installation, including adequate dimensions and electrical access.(g) Electrical panel. An accessible electrical panel on the interior of the unit that is accessible from the interior accessible route and is no greater than fifty-four inches above the floor and no lesser than fifteen inches above the floor, as measured from the outer edges of the panel.(h) Switches and fixtures. Use of rocker light switches and single lever door fixtures throughout the unit. Other types of accessible switches and fixtures may be approved by the chief building official.", "history": "(Ord. 2450A § 2, 2015)" }, { "guid": "44637594", "number": "§ 18.10.040", "title": "Ability to appeal.", "text": "The applicant proposing the development of housing units deemed subject to this article has the option to appeal infeasible items based on project characteristics, terrain, or due to an alleged taking to the community development director. When there are multiple product types within a development, the community development director will work to ensure that, to the greatest extent feasible, many of the product types will include these accessible features.", "history": "(Ord. 2450A § 2, 2015)" }, { "guid": "44637595", "number": "§ 18.10.050", "title": "Exempt units.", "text": "Carriage units, second/accessory units, and projects in the core area of fifteen units or fewer shall not be subject to these requirements, but are encouraged to incorporate accessible features voluntarily.", "history": "(Ord. 2450A § 2, 2015)" } ] }, { "guid": "44637596", "title": "RESIDENTIAL RENTAL DWELLING UNITS—REGISTRATION AND INSPECTION", "number": "18.11", "url": "https://ecode360.com/44637596", "sha256": "e220682029a6130f8b66ea9866fee6a81bcc33ab31233e6f2af3d0641e093f76", "exportedArticleSha256": "532b1584cfeceb83788462626269e0d90aaacbd9c605e47e50b69bfc08a12f7d", "sections": [ { "guid": "44637597", "number": "§ 18.11.010", "title": "Findings and purpose.", "text": "(a) The city council finds and declares that the city's rental housing market is greatly impacted by a reduced vacancy rate. As a result of the low vacancy rate, there is an increased likelihood that tenants fail to report substandard and unsafe conditions existing on rental properties in the City of Davis out of fear of losing their homes. Substandard residential dwelling units may include dangerous physical conditions and characteristics that violate state and local building and housing regulations, including the uniform Building, Fire, and Residential Codes, as adopted and amended by the city, State Health and Safety Code laws, and the city's nuisance and zoning regulations. Such substandard conditions can render the available rental housing unfit or unsafe for human occupancy and habitation and are detrimental to or jeopardize the health, safety, and welfare of their occupants and the community. They also compromise the integrity and residential quality of city neighborhoods through such factors as deferred property maintenance, and the accumulation of excess trash and debris on or about the properties. As a result, the existence of substandard residential dwelling units also threatens the social stability and economic integrity of the neighborhoods which host these buildings; necessitates disproportionate expenditures of public funds for code enforcement and remedial action; impairs the efficient and economical exercise of governmental powers and functions; and disrupts peaceful and quiet enjoyment of residential areas and neighborhoods.(b) The city council further finds and declares its desire to safeguard the stock of rental housing in the city through a cooperative partnership of owners, tenants, the city and the community. The purpose of the residential rental dwelling unit registration and inspection program enacted by this article is to proactively address, mitigate, and prevent the health and safety risks and adverse secondary effects of substandard conditions at residential rental dwelling units in the city. Accordingly, this article is intended to help identify substandard and unsafe residential rental dwelling units and ensure the rehabilitation of those dwelling units that do not meet state and local standards, including state and local building, fire, housing, nuisance and zoning codes or ordinances. This article is not intended to supersede, replace, or preempt any other legal remedy or procedure available to the city, including, but not limited to, nuisance abatement procedures authorized by local and state laws and regulations.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637600", "number": "§ 18.11.020", "title": "Definitions.", "text": "As used in this article, the following terms and phrases are defined as follows:Bad faithmeans an intent to vex, annoy, harass, provoke, or injure another person. This includes, but is not limited to, the intent of an owner or manager to induce a tenant to vacate a rental housing unit through unlawful conduct.Codemeans the Davis Municipal Code.Directorshall refer to the community development and sustainability director and his or her designee.Disabledmeans a person with a disability, which includes, but is not limited to, any physical or mental disability as defined in Government Code Section 12926.Elderlymeans a person sixty-two years or older.Managermeans any agent, manager or other representative of owner with full authority to act on behalf of the owner for all purposes under this article, including the acceptance of service of all notices from the city. A manager may undertake the responsibilities of the owner described herein, but the owner shall have ultimate responsibility for compliance with the terms of this article.Multifamily rental unitmeans a building or portion thereof designed for or used by five or more families or housekeeping units (five or more units) and that is rented or leased for residential dwelling purposes on a non-transient basis. A multifamily rental unit may include but shall not be limited to apartment houses, townhouses, condominiums, rooming and boarding houses, and living groups.Notice of violationmeans a written notice provided to an owner of a single-family rental unit when following the completion of an inspection the city determines that there are violations of the Code that require correction, which notice shall contain the information set forth in Section 18.11.050(f)(5) of this article.Ownermeans any person who is the owner of record for one or more residential rental dwelling units. If multiple persons are listed as the owner of record, then for purpose of this article, owner means all persons listed as owners of record.Personmeans an individual person, firm, association, partnership, joint venture, corporation, entity, or organization of any kind.Problem propertiesmeans any single-family rental unit subject to two or more notices of violation in any calendar year or for which corrections are not made within the time permitted by the notice of violation.Program feesmeans fees paid to reimburse the reasonable associated costs of enforcement and administration of the city inspection program and shall be the responsibility of the owner and not the tenant.Residential rental dwelling unitmeans both single-family rental units and multifamily rental units as defined in this section, unless otherwise specified.Single-family rental unitmeans a building or portion thereof designed for or used by no more than four families or housekeeping units (one to four units) and all or a portion of which is rented or leased for residential dwelling purposes on a non-transient basis. A single-family rental unit may include, but shall not be limited to, single-family houses, duplexes, triplexes, and condominiums or townhouses with four or fewer units.Tenantmeans a tenant, subtenant, lessee, sub lessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of a rental unit.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637616", "number": "§ 18.11.030", "title": "Exemptions.", "text": "(a) The requirements of this article shall not apply to the following:(1) Legal accessory dwelling units and secondary dwelling units, if the main dwelling is owner occupied. If the main dwelling is a rental, then both units are subject to this article;(2) Individual rooms rented or leased in an owner-occupied single-family residence, so long as the owner permanently resides and occupies the premises for his or her own living and dwelling purposes;(3) Residential dwelling units subject to routine periodic inspections by another governmental agency for housing and safety standards, provided that the frequency and scope of the inspections are to the satisfaction of the director;(4) Mobile home parks; and(5) Hotels, motels, inns and other structures occupied or intended or designed for occupancy by transients for lodging or sleeping purposes and which are subject to the regulations and transient occupancy tax set forth in Article 15.05 of this Code, as may be amended.(b) Newly constructed single-family rental units that have been issued a certificate of occupancy or have passed final inspection by the city within the past five years, shall not be subject to the requirements of Section 18.11.050(f) (inspection program) and Section 18.11.050(g) (inspection program fee) for a period of five years from the date the certificate of occupancy was issued or the final inspection was performed. The rental unit remains subject to registration fees and business license fees.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637624", "number": "§ 18.11.040", "title": "Requirements for multifamily rental units.", "text": "(a) Registration of multifamily rental units. Unless exempt pursuant to Section 18.11.030(a), no owner may rent a multifamily rental unit to a tenant unless and until such multifamily rental unit is registered with the city in accordance with this article.(1) Each owner shall register the multifamily rental units on a form provided by the city. Initial registration of multifamily rental units which are subject to this article and in existence on the effective date of the ordinance codified in this article. Initial registration of multifamily rental units which become subject to this article after the effective date of the ordinance codified in this article shall be due within sixty days of the date that the multifamily rental unit was constructed, acquired or converted into a multifamily rental unit(s). It shall be the responsibility of the owner to verify the registration information on an annual basis thereafter, in accordance with payment of the registration fees established in subsection (b). Failure to register the rental unit shall result in penalties as described in subsection (b)(2) and Section 18.11.140.Required registration information shall include the following minimum information:(A) The owner shall provide contact information for the owner and any manager for the multifamily rental units. Such contact information shall include, at a minimum, the name, telephone number, email address, and mailing address.(B) If the owner does not reside in the area, the owner must provide emergency contact information, including a local contact for a manager within fifty miles of the city, with full authority to act on behalf of the owner, which cannot be a tenant of the multifamily rental unit.(C) The address or addresses of the multifamily rental units, a description of the types of dwellings being rented, and the number of residential units at the property.(2) The owner(s) shall notify the city within sixty days of any changes to the information provided pursuant to this subsection, except that in the case of a change in ownership the owner(s) shall comply with Section 18.11.110.(3) All multifamily rental unit registrations shall be subject to verification by the director. All information on said registrations shall be submitted under penalty of perjury.(b) Multifamily rental unit registration fees.(1) Each registration for the multifamily rental units shall be accompanied by a non-refundable fee in an amount established by resolution of the city council. The fee shall be used to defray the reasonable costs associated with the implementation and administration this article, including costs of processing applications, outreach, education, mediation services and enforcement of the registration required by this section.(2) The annual registration fee is due and payable on January 1 and shall be levied for the calendar year.(A) The registration fee required by this subsection is in addition to and not in lieu of any other building permit or license that may be required, including any general business license tax required by Article 19.04 of this Code.(B) In addition to any other remedies the city may elect to pursue under this article or other applicable law, including, but not limited to, the remedies described in Article 1.02 of this Code, failure to pay the annual registration fee required by this section shall result in the city taking the following actions:(i) Issue a delinquency notice to the owner that provides up to thirty days to pay the amount due.(ii) If not paid within thirty days following issuance of the delinquency notice, the city shall assess a penalty of fifty percent of the registration fee, due and payable with the registration fee on the first day of the month following the due date provided in the delinquency notice.(iii) If the fees remain unpaid within sixty days following issuance of the delinquency notice, the city shall find the owner in violation of this section, and the owner will be subject to a citation described in Article 1.02 of this Code.(c) Multifamily rental unit owner responsibilities.(1) Prior to the commencement of a tenancy of a multifamily rental unit, an owner must install a carbon monoxide device in each existing dwelling unit that has a fossil fuel burning heater or appliance, fireplace, or an attached garage. If an owner is found in violation of this section, the owner shall receive a thirty-day notice to correct. If the owner fails to correct within the time period, a violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense.(2) Prior to the commencement of a tenancy of a multifamily rental unit, an owner must install a smoke alarm in each existing dwelling unit. The tenant(s) is responsible for notifying the owner if the tenant(s) becomes aware of an inoperable smoke alarm. The owner shall correct any reported deficiencies in the smoke alarm. The owner may, with twenty-four-hour notice, except in cases of emergency, enter the property for the purpose of installing, repairing, testing, and maintaining smoke alarms. A violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense. An owner shall not be in violation of this section for a deficient smoke alarm if he or she has not received notice of the deficiency.(3) The owner has the right to make necessary or agreed upon repairs or improvements of the multifamily rental unit. The owner must give the tenant twenty-four-hour notice of his or her intent to enter the multifamily rental unit. The owner may only enter during normal business hours, unless the tenant consents otherwise or is present during the entry, there is an emergency, or the tenant has abandoned or surrendered the premises. Renovation and/or construction in the multifamily rental unit cannot interfere with tenant's right to the quiet enjoyment of his or her space. If the renovation and/or construction interferes with the tenant's right of quiet enjoyment, then the owner must offer compensation.(d) Multifamily rental unit tenant rights and responsibilities.(1) Prior to the commencement of a tenancy and/or lease renewal of a multifamily rental unit, an owner must provide the tenant(s) with information regarding tenant rights and responsibilities on a form provided by or approved by the city.(2) Nothing in this chapter shall be construed as a limitation on the rights of a tenant or any other person, including, but not limited to, rights to bring an action for private nuisance against an owner in connection with a multifamily rental unit or to enforce the terms of tenant's lease with an owner.(e) Multifamily rental unit move-in inspection.(1) Within five business days of the tenant(s) taking possession of the unit, a move-in inspection of the multifamily rental unit shall be performed by the owner and the tenant(s) on a form provided by or approved by the city. The owner may generate and use its own move-in inspection form for compliance with this subsection, provided that the form is reviewed and approved by the city prior to such use. The form verifying the inspection shall be signed by the tenant(s) and the owner. If the move-in inspection is not performed jointly, the owner may provide the move-in inspection form to the tenant(s) within five business days of commencement of the tenancy, and the tenant(s) shall perform the move-in inspection and return the signed and completed form to the owner within seventy-two hours of the receipt of the form.(2) Within ten days of completion of the move-in inspection, the owner shall provide a copy of the completed and signed rental housing move-in inspection form to each tenant whose rental unit has been inspected. The signed form does not need to be submitted to the city, but should be retained by the owner and the tenant(s) for the duration of the tenancy.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637650", "number": "§ 18.11.050", "title": "Requirements for single-family rental units.", "text": "(a) Registration of single-family rental units. Unless exempt pursuant to Section 18.11.030(a), no owner may rent a single-family rental unit to a tenant unless and until each single-family rental unit is registered with the city in accordance with this article.(1) Each owner shall register the single-family rental units on a form provided by the city. Initial registration of single-family rental units which are subject to this article and in existence on the effective date of the ordinance codified in this article. Initial registration of single-family rental units which become subject to this article after the effective date of the ordinance codified in this article shall be due within sixty days of the date that the single-family rental unit was constructed, acquired or converted into a single-family rental unit(s). It shall be the responsibility of the owner to verify the registration information on an annual basis thereafter, in accordance with payment of the registration fees established in subsection (b). Failure to register the rental unit shall result in penalties as described in subsection (b)(2) and Section 18.11.140.(2) Required registration information shall include the following minimum information:(A) The owner shall provide contact information for the owner and any management or authorized representatives for the single-family rental units. Such contact information shall include, at a minimum, the name, telephone number, email address, and mailing address.(B) If the owner does not reside in the area, the owner must provide emergency contact information, including a manager within fifty miles of the city, with full authority to act on behalf of the owner, which cannot be a tenant of the single-family rental unit. Owner can request a waiver of the location requirement, if the owner can demonstrate that the manager or owner can timely respond in person to matters related to their rental unit. Waivers may be revoked if a manager or owner does not respond timely.(C) The address or addresses of the single-family rental units, a description of the types of dwellings being rented, and the number of residential units at the property.(3) The owner(s) shall notify the city within sixty days of any changes to the information provided pursuant to this subsection, except that in the case of a change in ownership the owner(s) shall comply with Section 18.11.110.(4) A single-family residential dwelling unit that is not the owner's permanent residence, shall be presumed to be a single-family rental unit unless the owner provides the city with documentation demonstrating to the satisfaction of the city that the residential dwelling unit qualifies for one of the exemptions listed in Section 18.11.030(a), or the owner is not renting the residential dwelling unit to a tenant(s). For purposes of this section, a dwelling unit shall be considered the owner's permanent residence if he or she lives in the residence for at least ten months of each calendar year.(5) All single-family rental unit registrations shall be subject to verification by the director. All information on said registrations shall be submitted under penalty of perjury.(b) Single-family rental unit registration fees.(1) Each registration for the single-family rental units shall be accompanied by a non-refundable fee in an amount established by resolution of the city council. The fee shall be used to defray the reasonable costs associated with the implementation and administration of this article, including costs of processing applications, outreach, education, mediation services and enforcement of the registration required by this section.(2) The annual registration fee is due and payable on January 1 and shall be levied for the calendar year.(A) The registration fee required by this article is in addition to and not in lieu of any other building permit or license that may be required, including any general business license tax required by Article 19.04 of this Code.(B) In addition to any other remedies the city may elect to pursue under this article or other applicable law, including, but not limited to, the remedies described in Article 1.02 of this Code, failure to pay the annual registration fee required by this section shall result in the city taking the following actions:(i) Issue a delinquency notice to the owner that provides up to thirty days to pay the amount due.(ii) If not paid within thirty days following issuance of the delinquency notice, the city shall assess a penalty of fifty percent of the registration fee, due and payable with the registration fee on the first day of the month following the due date provided in the delinquency notice.(iii) If the fees remain unpaid within sixty days following issuance of the delinquency notice, the city shall find the owner in violation of this section, and the owner will be subject to a citation described in Article 1.02 of this Code.(c) Single-family rental unit owner responsibilities.(1) Prior to the commencement of a tenancy of a single-family rental unit, an owner must install a carbon monoxide device in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage. If an owner is found in violation of this section, the owner shall receive a thirty-day notice to correct. If the owner fails to correct within the time period, a violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense.(2) Prior to the commencement of a tenancy of a single-family rental unit, an owner must install a smoke alarm in each existing dwelling unit. The tenant(s) is responsible for notifying the owner if the tenant(s) becomes aware of an inoperable smoke alarm. The owner shall correct any reported deficiencies in the smoke alarm. The owner may, with twenty-four-hour notice, except in cases of emergency, enter the property for the purpose of installing, repairing, testing, and maintaining smoke alarms. A violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense. An owner shall not be in violation of this section for a deficient smoke alarm if he or she has not received notice of the deficiency.(3) The owner has the right to make necessary or agreed upon repairs or improvements of the single-family rental unit. The owner must give the tenant twenty-four-hour notice of his or her intent to enter the single-family rental unit. The owner may only enter during normal business hours, unless the tenant consents otherwise or is present during the entry, there is an emergency, or the tenant has abandoned or surrendered the premises. Renovation and/or construction in the single-family rental unit cannot interfere with tenant's right to the quiet enjoyment of his or her space. If the renovation and/or construction interferes with the tenant's right of quiet enjoyment, then the owner must offer compensation.(d) Single-family rental tenant rights and responsibilities.(1) Prior to commencement of a tenancy and/or lease renewal of a single-family rental unit, an owner must provide the tenant(s) with information regarding tenant rights and responsibilities on a form provided by or approved by the city.(2) Nothing in this chapter shall be construed as a limitation on the rights of a tenant or any other person, including, but not limited to, rights to bring an action for private nuisance against an owner in connection with a single-family rental unit or to enforce the terms of tenant's lease with an owner.(e) Single-family rental unit move-in inspection.(1) Within five business days of the tenant(s) taking possession of the unit, a move-in inspection of the single-family rental unit shall be performed by the owner and the tenant(s) on a form provided by or approved by the city. The owner may generate and use its own move-in inspection form for compliance with this subsection, provided that the form is reviewed and approved by the city prior to such use. The form verifying the inspection shall be signed by the tenant(s) and the owner. If the move-in inspection is not performed jointly, the owner may provide the move-in inspection form to the tenant(s) within five business days of commencement of the tenancy, and the tenant(s) shall perform the move-in inspection and return the signed and completed form to the owner within seventy-two hours of the receipt of the form.(2) Within ten days of completion of the move-in inspection, the owner shall provide a copy of the completed and signed rental housing move-in inspection form to each tenant whose rental unit has been inspected. The signed form does not need to be submitted to the city, but should be retained by the owner and the tenant(s) for the duration of the tenancy.(f) City inspection of single-family rental units.(1) Except as provided in Section 18.11.030(b), the city shall be authorized to conduct an inspection of all single-family rental units registered with the city in accordance with the requirements of this section. The purpose of the inspection program is to assure compliance with all applicable state laws and regulations and this Code, including, but not limited to, building, fire, health and safety, nuisance and zoning regulations. Inspection of single-family rental units shall begin six months after adoption of the ordinance codified in this article.(2) The city shall perform an inspection of a single-family rental unit, subject to the notice procedures set forth in subsection (f)(3) below, upon any of the following occurrences:(A) The city may conduct random compliance audit(s) to determine if all required documents and fees have been completed and properly submitted or retained, including the registration form, the completed and signed move-in inspection form, and registration and inspection fees. The city may also verify that the property has no record of outstanding code violations. In the event the city determines that an owner is not in compliance with this article or does have outstanding code violations as a result of a random compliance audit, the single-family rental unit(s) subject to such noncompliance shall be inspected by the city.(B) The city shall conduct an inspection upon receipt of a complaint of code violations or health and safety risks existing at the single-family rental unit property where the city believes, in its discretion, that there is a reasonable possibility that such code violations or health and safety risks may be present.(C) The city, upon reasonable belief of code violations existing at a single-family rental unit, may perform an inspection of the single-family rental unit. Staff-initiated inspections may be based upon view of the property from the public right-of-way, history of prior and outstanding code violations existing on the property, or other reasonable belief that code violations may be present.(3) The following notice procedures and requirements shall apply to all inspections:(A) The owner shall provide access to the single-family rental unit(s) for inspection within twenty-one calendar days of an inspection request from the city. The inspection request shall be mailed to the owner and the site address. This time period may be extended upon the approval of the director or designee.(B) If the single-family rental unit is legally occupied by a tenant or other occupant, the owner shall notify the tenant, in writing at least twenty-four hours in advance of the inspection or pursuant to the lease terms. The notice to the tenant(s) shall inform and provide the tenant(s) the opportunity to be present during the inspection, and it is the responsibility of the owner to obtain the consent of the tenant(s) to enter and inspect the single-family rental unit or otherwise obtain legal access pursuant to the terms of the applicable lease prior to the scheduled inspection.(C) The owner shall not be in violation of this section if the tenant or occupant refuses to allow the inspection or otherwise refuses consent to enter the unit. In the event the tenant refuses entry, the city may seek alternate remedies to gain legal access. If an inspection is scheduled and entry is thereafter refused or cannot be obtained, the city shall have recourse by means of every remedy provided by law to secure lawful entry and inspect the premises, including, but not limited to, securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57, as may be amended. The city shall provide notice that a warrant has been issued to both the owner and the tenant(s) at least twenty-four hours before the warrant is executed, unless a court finds that immediate execution is reasonably necessary under the circumstances.(4) If an inspection is warranted by subsection (f)(2) above, the city shall inspect the single-family rental unit to assure compliance with all applicable state laws and regulations and this code, including, but not limited to, building, fire, health and safety, nuisance and zoning regulations.(5) If, upon completion of an inspection the city determines that there are code violations that require correction, the city shall issue a notice of violation to the owner, and manager, if applicable, with a copy delivered to the tenant at the address of the single-family rental unit that contains the following information:(A) The name and address of the owner or manager in violation, and the street address of the single-family rental unit where the violation is present;(B) A statement specifying the condition(s) which constitute a violation;(C) A statement explaining which specific code sections have been violated;(D) The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;(E) An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation.(6) In the event identified code violations are not timely corrected by the owner in accordance with the timeframe specified in a notice of violation issued to the owner and subject property, the property shall be subject to the appropriate nuisance abatement procedures specified in Chapter 23 of this Code, including, but not limited to, additional administrative or summary abatement procedures.(7) Any single-family rental unit that has been subject to a notice and order for nuisance violations more than once in the year immediately prior to the effective date of the ordinance codified in this article, for which corrections were not made within the time permitted by the notice and order(s), shall be deemed a \"problem property\" and shall be subject to the provisions of subsection (h) of this section.(8) Upon the successful completion of an inspection, subsequent inspection or re-inspection of a single-family rental unit establishing that the property and its occupancy are in compliance with this Code, the city shall issue to the owner a rental housing inspection certification verifying compliance and specifying a one or five-year time period during which the certification will remain valid and during which the single-family rental unit shall not be subject to a random compliance audit as described in subsection (f)(2) of this section. Notwithstanding the foregoing, a rental housing inspection certification shall not preclude other code enforcement procedures or investigation and inspection if, during the rental housing inspection certification period, a code violation on the property is reported to the city or otherwise observed by the city on the property.(9) If during the inspection or any subsequent inspection there are code violations on the property which prevent the city from issuing a rental housing inspection certification, the city may require one or more re-inspections of the property before a rental housing inspection certification is issued.(10) Notwithstanding the foregoing, if the city has reasonable cause to believe that the single-family rental unit is under an imminent threat of danger to life, health, or safety due to hazardous, unsafe or dangerous conditions, the city shall have the right to use any reasonable means required to effect entry provided by law.(g) City inspection program fees for single-family rental units. The city shall establish by resolution of the city council a reasonable annual single-family rental inspection program fee called the \"Rental Housing Code Compliance Fee.\" The purpose of the fee is to reimburse the reasonable associated costs of enforcement and administration of the city inspection program for single-family rental units as established by this article, including costs of performing the rental inspections and mediation services for disputes between owner(s) and tenant(s). For each single-family rental unit, the owner shall pay the rental housing code compliance fee to the city in an amount established pursuant to this article as follows:(1) The annual rental housing code compliance fee shall be levied for the calendar year and each registered owner of a single-family rental unit must pay the full fee for the calendar year. The fee is due and payable upon billing each January 1. The rental housing code compliance fee required by this article is in addition to and not in lieu of any general business license tax that might be required by Chapter 19 of this Code or any other fee or charge imposed by the city under any other law or ordinance, including the registration fees required in subsection (b) of this section.(2) Failure to pay the annual rental housing code compliance fee required by this section shall result in the city taking the following actions:(A) Issue a delinquency notice to the owner that provides up to 30 days to pay the amount due.(B) If not paid within thirty days following issuance of the delinquency notice, the city shall assess a penalty of fifty percent of the compliance fee, due and payable with the compliance fee on the first day of the month following the due date provided in the delinquency notice.(C) If the fees remain unpaid within sixty days following issuance of the delinquency notice, the city shall find the owner in violation of this section, and the owner will be subject to a citation described in Article 1.02 of this Code.(3) The city may collect any past due rental housing code compliance fees or late payment penalties by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The city also may recover its collection costs.(h) Problem properties. In addition to the move-in inspection required pursuant to subsection (e) of this section above, the city shall conduct exterior and interior inspections of problem properties at least twice per year. The city may, in its sole discretion, determine to inspect other single-family rental units owned by an owner of a problem property. Owners of problem properties, in addition to any other penalty(ies), shall be required by the city to attend educational sessions for landlords within one year of the date upon which the owner's property is determined to be a problem property as defined by this article. A single-family rental unit shall no longer be classified as a problem property upon successfully passing two consecutive city inspections and the owner's completion the required education sessions. Costs for the inspections required by this subsection shall be billed to and assessed against the specific problem properties subject to such inspections and shall be in an amount to assure full cost recovery to the city.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637708", "number": "§ 18.11.060", "title": "Tenant harassment.", "text": "(a) Tenant harassment. No owner, and no agent, contractor, subcontractor, or employee of the owner shall do any of the following in bad faith:(1) Interrupt, terminate, or fail to provide housing services required by contract or by state, county, or local housing, health or safety laws, or threaten to do so;(2) Fail to perform repairs and maintenance required by contract or by state, county, or local housing, health or safety laws, or threaten to do so;(3) Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;(4) Abuse the owner's right of access into a rental housing unit as that right is provided by law;(5) Remove from the residential rental dwelling unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Civil Code Section 1980, et seq. (disposition of tenant's property after termination of tenancy);(6) Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion, which shall include threatening to report a tenant to U.S. Immigration and Customs Enforcement, though that prohibition shall not be construed as preventing communication with U.S. Immigration and Customs Enforcement regarding an alleged violation;(7) Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the owner in writing the tenant does not desire to receive further offers of payments to vacate;(8) Attempt to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation (this shall not include settlement offers made in good faith and not accompanied with threats or intimidating in pending eviction actions);(9) Threaten the tenant, by word or gesture, with physical harm;(10) Substantially and directly interfere with a tenant's right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;(11) Refuse to accept or acknowledge receipt of a tenant's lawful rent payment, except as such refusal may be permitted by state law after a notice to quit has been served on the tenant and the time period for performance pursuant to the notice has expired;(12) Refuse to cash a rent check for over thirty days unless a written receipt for payment has been provided to the tenant, except as such refusal may be permitted by state law after a notice to quit has been served on the tenant and the time period for performance pursuant to the notice has expired;(13) Request information that violates a tenant's right to privacy, including, but not limited to, residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law;(14) Violate any law which prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child; and(15) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.(b) Nothing in this section shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to state law.(c) Nothing in this section shall be construed as to prevent an owner from lawfully increasing a tenant's rent pursuant to state law.", "history": "(Ord. 2573 § 1, 2020)" }, { "guid": "44637727", "number": "§ 18.11.070", "title": "Tenant harassment enforcement and penalties.", "text": "In addition to the penalties provided in Section 18.11.140, the following provisions apply to any person who is convicted of violating Section 18.11.060. Any person who violates or aids or incites another person to violate the provisions of Section 18.11.060 is liable for each and every such offense for the actual damages suffered by any aggrieved party or for statutory damages in the sum of between one thousand dollars and five thousand dollars, whichever is greater, and shall be liable for such attorneys' fees and costs as may be determined by the court in addition thereto. Any violator shall be liable for an additional civil penalty of up to five thousand dollars for each offense committed against a person who is disabled or aged sixty-two or over. The court may also award punitive damages to any plaintiff, including the city, in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.", "history": "(Ord. 2573 § 1, 2020)" }, { "guid": "44637728", "number": "§ 18.11.080", "title": "Retaliatory eviction.", "text": "It shall be unlawful for an owner to recover possession of a residential rental dwelling unit, cause the tenant(s) of such units to involuntarily quit, increase the rent, or decrease services in retaliation against a tenant for exercising his or her right to file a complaint with the city advising that violations of this code may exist on the property.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637729", "number": "§ 18.11.100", "title": "Relocation procedures.", "text": "(a) When the city determines that a dwelling unit must be vacated and is not habitable, or is in such a condition as to declare it imminently dangerous to life, limb, health, property or safety of its tenants, the general public or adjacent properties, through the deficiency of the owner, the owner shall be responsible for providing tenant relocation assistance in accordance with Health and Safety Code Section 17975 et seq., as may be amended.(b) Establishing proof of compliance. In the event a residential rental dwelling unit must be vacated, the owner shall provide or cause to be provided to the city, proof of compliance with the tenant relocation assistance requirements required by state law. Proof may include a copy of the cashier's check(s) or money order(s) necessary for relocation and receipt signed by the tenant(s), or a copy of the fully executed agreement between the owner and tenant(s) evidencing an alternative satisfactory arrangement. The owner shall provide the required documents to the city within five days of the date the tenant vacates the property.(c) Right of first refusal. A tenant evicted or required to vacate a residential structure under this article shall be given the right of first refusal to reoccupy the same dwelling unit from which the tenant was displaced, or a comparable dwelling unit within the same building, once the dwelling unit has been made habitable.(1) The owner shall, at the time the tenant vacates, provide written notice advising the tenant of the right of first refusal. The notice shall include a current address and telephone number that can be used by the tenant to contact the owner.(2) It is the tenant's responsibility to provide the owner with contact information consisting of the tenant's current address to be used for future notification, and to provide updated contact information to the owner if there is any change in the information.(3) Thereafter, when the dwelling unit or building becomes habitable, the owner shall give written notice to the tenant advising the tenant that a dwelling unit is ready for occupancy. The written notice shall be made by certified mail, return receipt requested and a copy shall be provided to the city.(4) If the owner cannot locate a previous tenant after two attempts over a period of two weeks, the owner shall be deemed to have complied with the right of first refusal provision of this article, and the tenant's right of first refusal is forfeited.(5) \"Right of first refusal\" means the right of a tenant to re-occupy the dwelling unit formerly occupied by the tenant at the same rental rate for a period of six months, or a comparable dwelling unit in the same building, once the dwelling unit has been made habitable.(d) Exceptions. The owner is not required to provide relocation if, based upon written documentation submitted by the owner and other interested parties including affected tenant(s), and following a hearing as provided in this section, the hearing officer finds in writing that:(1) The tenant is more than thirty days in default of rent at the time the dwelling is to be vacated (except a tenant lawfully withholding rent for correction of unsafe or hazardous conditions); or(2) The tenant refuses to vacate after timely payment of the relocation benefit; or(3) The tenant has caused or substantially contributed to the conditions giving rise to the need for abatement; or(4) The building becomes unsafe or hazardous due to unforeseen events or natural disasters that are beyond the control of the owner and the owner's action or inaction did not contribute to the impact on the building.(e) Request for determination of exception—Notice to affected tenants.(1) An owner may request a hearing before a hearing officer designated by the city manager to determine whether one or more of the exceptions set forth above apply. Any such request must be made in writing to the city within seven days following receipt of the notice to abate a code violation requiring vacation of the property, and shall be accompanied by an appeal fee in an amount established by the city council by resolution or a hardship waiver form requesting relief from the appeal fee. The hardship waiver form, if received, shall be considered in accordance with Section 1.02.070. of this Code. The owner shall simultaneously provide affected tenants with a copy of the request for a hearing, together with copies of any written materials provided in support of the request, and, once ascertained, shall also promptly notify any such tenants of the date and time of the hearing.(2) Following the hearing, a written determination of the hearing officer shall be provided by first class mail and/or certified mail to the owner and to any interested person who submitted written documentation or a written request for a copy of the determination. The determination of the hearing officer shall be final. Notwithstanding any other provision of this Code or other law, the filing of a request for exception or the taking of an administrative appeal from a hearing officer's determination on the request for exception shall not stay the owner's obligations under this article.(3) Failure to request a hearing for a determination of exception within the time set forth in this section shall be deemed a waiver by the owner of the right to an exception.(f) Failure to perform. If the owner is responsible for relocation and fails to comply with the obligations set forth in this article, the city may, in its sole discretion, elect to advance the relocation benefits to the subject tenant and seek to recover those relocation benefits and penalties in accordance with the procedures set forth in Health and Safety Code Section 17975.5. Nothing herein shall be construed to obligate the city to provide any relocation assistance.(g) Private right of action.(1) Tenants who are displaced may bring an action against an owner for damages, injunctive or declaratory relief or any other appropriate action to recover the relocation assistance provided for or to enforce the owner's obligations under this section, including, but not limited to, the tenant's right of first refusal, in a court of competent jurisdiction to enforce the provisions of this part.(2) Tenants who prevail in such an action shall be entitled to recover from the owner damages, including the relocation assistance provided for under this part; costs, including reasonable attorney fees; and such other relief as determined by the court.(3) The remedies provided by this part are in addition to any other legal or equitable remedies and are not intended to be exclusive.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637752", "number": "§ 18.11.110", "title": "Change of ownership.", "text": "When ownership of a residential rental dwelling unit changes, either the prior owner shall notify the director of this event prior to the consummation of the sale or recordation of an instrument of conveyance with the Yolo County recorder's office or the new owner shall notify the director within sixty days after consummation of the sale or recordation of an instrument of conveyance with the Yolo County recorder's office. If the director is not so notified, any existing rental housing inspection certification for the single-family rental unit, if any, shall automatically terminate and be null and void. The new owner will not have to pay the rental housing code compliance fee until the next annual levy of the fee provided all fees were previously paid for the current calendar year.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637753", "number": "§ 18.11.120", "title": "Regulations nonexclusive.", "text": "The provisions of this article regulating residential rental dwelling units are not intended to be exclusive and compliance with this article shall not excuse noncompliance with any other applicable provision, requirement, or regulation of this code or any applicable state and federal law.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637754", "number": "§ 18.11.130", "title": "Violations.", "text": "Any person who fails to comply with any provisions of this article after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of the article and shall be subject to criminal sanctions and civil remedies pursuant to Section 18.11.140.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637755", "number": "§ 18.11.140", "title": "Penalties.", "text": "(a) Any person violating any provision or failing to comply with any of the requirements of this article shall be deemed guilty of an infraction, and may be subject to the penalties prescribed in Section 1.01.110 of this Code.(b) In addition to any other remedies or penalties available to the city, the city may enforce the terms of this article through the administrative citation procedures provided in Article 1.02 of this Code.(c) The city attorney may bring a civil action to seek redress for a violation(s) under this article on behalf of the city. In any such action, the city shall recover all civil penalties prescribed in Article 1.02 (administrative citations) and any other relief the court deems proper.(d) In any civil action filed pursuant to this subsection where the violation of this article is declared to be a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs; provided that, pursuant to Government Section 38773.5, attorneys' fees shall only be available in an action or proceeding in which the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" }, { "guid": "44637760", "number": "§ 18.11.150", "title": "Appeals.", "text": "(a) The issuance of a notice of violation by the city following an inspection pursuant to this article, is appealable pursuant to the procedures set forth in this section. The appeal must be in writing and filed within ten calendar days from the date of the decision with the appeal fee established by resolution of the city council. The appeal shall specifically identify the decision which is the subject of that appeal and the reasons why, in the appellant's opinion, the decision is clearly erroneous. Failure of the director to receive a timely notice of appeal constitutes a waiver of the right to contest any such decision. In this event, the decision is final and binding.(b) The hearing shall be conducted by a hearing officer designated by the city manager in accordance with the procedures outlined in Section 23.04.060 of this Code. The hearing officer shall consider all relevant evidence including, but not limited to, applicable staff reports, and objections or protests relative to the decision and shall issue a written decision based on the standards and in accordance with Section 23.04.060. of this Code. The decision of the hearing officer on an appeal of a notice and order shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city.", "history": "(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)" } ] }, { "guid": "44637763", "title": "PROCEDURES AND STANDARDS FOR MOBILE HOME PARK CLOSURES AND CONVERSIONS", "number": "18.12", "url": "https://ecode360.com/44637763", "sha256": "0d3388676b96b72d8d23c39665ba933557a49cfc4e20cac17286edc615fc1320", "exportedArticleSha256": "c049247606a8ff574a752c1218657f18838d50281cdf2ac4f3f0bd3b3ef06284", "sections": [ { "guid": "44637764", "number": "§ 18.12.010", "title": "Purpose.", "text": "The purpose of this article is to:(a) Establish procedures and standards to govern the closure, cessation, or conversion of an existing mobile home park to another land use;(b) Mitigate the adverse impact of such closures, cessations, or conversions on displaced residents; and(c) Encourage the preservation of affordable housing.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637768", "number": "§ 18.12.020", "title": "Authority.", "text": "This article is adopted pursuant to the city's police power and California Government Code Sections 65863.7 and 66427.4 and Civil Code Section 798.56, which authorize the city to establish procedures and standards for assessing the adverse impacts of a mobile home park closure, cessation, or conversion on displaced residents. Nothing in this article shall preclude any other notice or requirements imposed by state law, nor shall this article operate to limit in any way the rights and available remedies of mobile home park residents otherwise provided by law.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637769", "number": "§ 18.12.030", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the following meanings:Applicantmeans a mobile home park owner or authorized representative who proposes closure, cessation, or conversion of an existing mobile home park.Comparablemeans reasonably equivalent or better in terms of quality, cost, and convenience, unless otherwise specified.Consultantmeans a professional or specialist hired to prepare a relocation impact report pursuant to this article.Mobile homemeans a mobile home as such term is defined in Mobile Home Residency Law.Mobile home park conversionmeans and includes the cessation of use of land as a mobile home park, closure of a mobile home park or any part thereof, or conversion of a mobile home park or any part thereof to another land use.Mobile Home Residency Lawmeans California Civil Code Section 798 et seq., as such statute exists at the time of enactment of this article or is subsequently amended.Park residentsmeans both resident owners and resident tenants, as follows:(1) Resident ownermeans a person who owns a mobile home in a mobile home park and resides at such mobile home as a principal residence or maintains such mobile home as the primary residence for an immediate family member who occupied the mobile home as a primary residence prior to receiving any notification of the filing of a development application or request for approval of a mobile home park conversion. This definition shall not include owners subletting their mobile homes pursuant to California Civil Code Section 798.23.5.(2) Resident tenantmeans a person who rents or leases a mobile home in a mobile home park and resides at such mobile home as the person's primary residence.Relocation assistancemeans the assistance that the applicant must provide to displaced park residents to reasonably mitigate the identifiable and quantifiable adverse impacts caused by a mobile home park closure, cessation, or conversion.Relocation impact reportmeans a report, meeting the requirements of this article, which describes the impacts of a mobile home closure, cessation, or conversion on affected park residents.Residents' advisory committeemeans a group of park residents that serve as representatives of the park residents to participate in meetings and discussions with the city, applicant, and consultant to facilitate notice, education, outreach and assistance pursuant to this article. A residents' advisory committee shall be comprised of no fewer than three members, or up to three percent of the total lot spaces in the park.Vacancymeans a lot unoccupied by a mobile home or a lot occupied by a mobile home in which no person resides and no rent is being paid.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637783", "number": "§ 18.12.040", "title": "Procedures and standards.", "text": "No person or entity shall close or convert a mobile home park in the city without first complying with the provisions of this article. Upon receiving a development or permit application that would result in a mobile home park closure or conversion, the city shall notify the applicant of the requirements of this article. If the applicant wishes to proceed, the following procedures shall commence:(a) Within fifteen days of submitting an application to the city, the applicant shall notify the park residents in writing of his or her intent to close or convert the park. The notice shall, at a minimum, include a general explanation of the nature and timeframes of the proposed closure or conversion, shall advise park residents that information will be sought from them to assist in determining appropriate relocation assistance, and shall include a copy of the tenants' rights under the Mobile Home Residency Law.(b) Within thirty days of receiving the application, or as soon thereafter as practicable, the city shall select a third-party consultant to prepare a relocation impact report. The purpose of the relocation impact report is to examine the impacts of the mobile home park conversion on displaced residents and recommend reasonable relocation assistance to adequately mitigate identifiable and quantifiable adverse impacts.(c) Prior to executing a contract with the selected consultant, the city shall notify the applicant in writing of the estimated cost of preparing the relocation impact report. Within thirty days of receiving the cost estimate, the applicant shall pay the cost as a deposit to the city for the full amount estimated. Should the estimate be higher than actual costs, the city shall reimburse the applicant for any unspent funds. Should the estimate be lower than actual costs, the applicant shall reimburse the city for any additional costs. Alternatively, the city council may establish by resolution reasonable fees to cover the estimated costs of preparing a relocation impact report to serve as the deposit amount until actual costs are determined.(d) Once a consultant is selected to prepare the relocation impact report, the applicant shall notify the park residents of the selected consultant, his or her contact information, and credentials. In addition, the applicant shall notify park residents that the city is seeking representatives to serve on a residents' advisory committee. Park residents may, but are not required to, form a residents' advisory committee, and shall notify the city if and when a committee is established. The purpose of the residents' advisory committee is to ensure park residents are adequately represented, involved, and informed during the mobile home conversion process. The city, applicant, and consultant shall make reasonable good faith efforts to consult the residents' advisory committee members when possible, including for participation in non-public meetings and discussions. Formation of a residents' advisory committee shall not otherwise operate to restrict or prohibit individual park residents from providing public comment at any public meeting.(e) Once a residents' advisory committee is fully formed, and within sixty days, the applicant shall organize and convene in-person meetings with the residents' advisory committee to explain the process for closure or conversion and the consultant's role in preparing the relocation impact report. For parks with less than one hundred homes, the applicant shall hold at least two meetings. For parks larger than one hundred homes, the applicant shall hold one meeting for every fifty additional homes. The applicant shall conduct the meetings on park premises, unless otherwise mutually agreed to by the applicant and park residents, at a mutually agreed upon date and time. Once scheduled, the applicant must inform the city of the meeting times.(f) Upon completion of the relocation impact report, which shall take no more than one hundred eighty days from execution of the contract, the consultant shall submit a draft to the city. The city shall have thirty days to review the draft and verify completeness per the required elements specified in Section 18.12.050. If necessary in the city's sole discretion, the city may request additional time to conduct its review and/or verify the accuracy of the information contained in the report.(g) Once the city determines the report is complete, the city shall release the report to the applicant and the residents' advisory committee. Within fifteen days of receiving the report, the applicant shall make hard copies available to each park resident. The city shall not schedule a public hearing before the city council to consider the report until at least forty-five days after the report is released to the applicant and residents' advisory committee.(h) The city shall schedule at least two public hearings—one before the planning commission and one before the social services commission—before scheduling a public hearing on the report for city council consideration. If a majority of park residents are sixty-two years of age or older, the city shall also schedule a public hearing before the senior citizen commission. For each hearing, the applicant shall inform park residents in writing about the upcoming hearings at least fifteen days in advance. The planning commission, social services commission, and senior citizen commission, as applicable, shall serve as delegated advisory agencies to review the relocation impact report, pursuant to Government Code Section 65863.7. Each commission shall consider and provide recommendations to the city council regarding the completeness of the relocation impact report and the reasonableness of relocation assistance to mitigate adverse impacts on displaced residents.When deliberating, each commission shall consider the following factors:(1) Whether there will exist, at the time of closure or conversion, available and comparable mobile home parks or other housing options within a thirty-mile radius from the city to accommodate the displaced residents;(2) Whether the age, health, income, and employment status of park residents are such that the residents are capable of relocating to available and comparable mobile home parks or other housing options within a thirty-mile radius from the city;(3) Whether there is evidence the applicant stopped filling vacancies, attempted to evict, or otherwise caused the removal of residents for the purpose of avoiding or reducing the payment of relocation assistance;(4) Whether the applicant properly prepared and served notices required by this article and other applicable laws;(5) If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase the new units, if for sale, or lease the new units, if for rent, and whether the construction schedule will result in unreasonable long-term displacements;(6) Whether reasonable relocation assistance can be provided to adequately mitigate adverse impacts to park residents, including maintaining a similar lifestyle in terms of financial, physical, and social well-being;(7) Whether the methodology used to estimate reasonable relocation assistance is reasonable and adequate under the circumstances, as compared to the methodologies utilized by previous relocation impact reports or similar reports conducted in California;(8) Whether the methodology used to calculate in-place, fair market value is according to industry standards;(9) Whether the relocation impact report adequately accounts for individualized circumstances;(10) Whether the relocation impact report recommends a reasonable timeline for the disbursement of relocation assistance and for when residents must vacate;(11) Whether the proposed closure or conversion is consistent with the goals, policies, and objectives of the city's general plan, any applicable specific plans, and/or zoning ordinances; and(12) Whether the proposed closure or conversion will be detrimental to public health, safety, and general welfare of the community.(i) Following the public hearings before each advisory body, the city shall schedule a public hearing before the city council. As with the previous public hearings, the applicant shall notify the park residents in writing about the upcoming hearing at least fifteen days in advance. The city council shall consider the recommendations provided by each advisory body; however, the city council shall retain the final decision-making authority. As with the commissions, the city council shall consider the aforementioned factors to determine the completeness of the relocation impact report and the reasonableness of the relocation assistance as adequate mitigation of identifiable and quantifiable adverse impacts on displaced residents.(j) Should the city council find the relocation impact report to be incomplete or the relocation assistance to be inadequate or unreasonable, the city council may defer approval of the report. The consultant, in consultation with the city attorney's office, shall have sixty days to either address the city council's stated concern(s) by revising the report or provide the city council with a justification as to why the stated concern(s) cannot be addressed. Once complete, the city shall schedule another public hearing and notify the applicant. The applicant shall inform park residents in writing about the upcoming hearing at least fifteen days in advance.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637806", "number": "§ 18.12.050", "title": "Relocation impact report required elements.", "text": "At a minimum, the relocation impact report must contain the following elements to the extent the information is available and/or provided to the consultant:(a) A description of the applicant's current use;(b) A description of the applicant's proposed new use, if a conversion;(c) A history of the average monthly lot rental rate for the past five years;(d) A history of the average monthly vacancy rate for the past five years;(e) A history of evictions for the past five years;(f) A summary of comparable mobile home parks within a thirty-mile radius, including, but not limited to:(1) General park information,(2) Current lot rental rates,(3) Total number of lots,(4) Total number of available lots,(5) Restrictions on acceptance,(6) Description of available park amenities,(7) Description of availability and proximity to social and recreational services;(g) A summary of comparable housing options within a thirty-mile radius, including, but not limited to:(1) General complex/development information,(2) Current leasing/ownership rates,(3) Total number of units/homes,(4) Total number of available units/homes,(5) Restrictions on acceptance,(6) Description of available complex or neighborhood amenities,(7) Description of availability and proximity to social and recreational services;(h) An individualized fair and reasonable relocation assistance plan for each park resident, to the extent practicable, based on the following factors:(1) Resident and household information:(A) Number of household members and dependents,(B) Age of household members,(C) Disability status of household members,(D) Employment status of household members,(E) If employed, employer address, to determine impacts on commute times and ability to get to and from work,(F) Annual household income,(G) Monthly mortgage payment including taxes, if applicable,(H) Monthly mobile home rental payment, if applicable,(I) Monthly lot rental payment,(J) Monthly average utility payment,(K) The above information may be provided through a park resident survey or questionnaire, and shall remain confidential. To the extent this information is included in the relocation impact report released for public review, it may be aggregated or redacted to ensure the confidentiality of personally identifiable and sensitive information,(2) Mobile home information:(A) Date of manufacture,(B) Type,(C) Style,(D) Condition,(E) Lot size required,(F) Description of any associated accessories and/or upgrades,(3) For residents who elect to relocate their mobile homes:(A) The estimated cost of relocating the mobile home, accessories, and possessions to a comparable park within a thirty-mile radius, including, but not limited to:(i) Disassembly, removal, transportation, and reinstallation of the home and accessories,(ii) Replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings, earthquake bracing, or landscaping as applicable,(B) Cost of any security deposit or upfront fees required at the new park,(C) The difference between the rent paid in the existing park and any higher rent at the new park for the first twelve months of the relocated tenancy,(4) For residents who cannot relocate their mobile homes to a comparable park within a thirty-mile radius or for residents who elect to sell their mobile home:(A) The estimated cost of purchasing the mobile home of the displaced homeowner, including any associated accessories at one hundred percent of its in-place, fair market value:(i) Such valuation shall be based upon the opinion of a state-certified appraiser with experience in establishing the value of mobile homes,(ii) Such valuation shall also be based upon the in-place location and shall assume the continuation of the mobile home park in a safe, sanitary, and well-maintained condition (i.e., should not consider the closure or conversion),(B) Cost of any security deposit or upfront fees required at the new site,(C) If renting, 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;(i) A detailed plan describing the relocation process including an estimated timeline for when the applicant must disburse relocation assistance and when residents must vacate;(j) An explanation of methodologies utilized for calculating and estimating expenses and costs, including a description for how to derive and replicate calculations;(k) A review of previous relocation impact reports conducted within the past five years in California;(l) A comparative analysis evaluating how the proposed relocation impact report is similar and/or different from past relocation impact reports completed in California in terms of circumstances, methodologies, recommended relocation assistance, and outcomes;(m) Identification of various relocation specialists and/or resources within the area;(n) Any other information, which the city determines is necessary to implement the provisions of this article.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637866", "number": "§ 18.12.060", "title": "Right of first refusal.", "text": "If the applicant is proposing to convert the existing mobile home park into another residential use in whole or part, the applicant shall afford eligible displaced residents the right of first refusal to purchase or lease units within the new development.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637867", "number": "§ 18.12.070", "title": "Exemption for sale to residents.", "text": "The provisions of this article shall not apply if the owner of the mobile home park reaches agreement to sell the mobile home park to the park residents, or a nonprofit corporation or other entity formed by the park residents for purchasing the park, in accordance with state law requirements.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637868", "number": "§ 18.12.080", "title": "Bankruptcy exemption.", "text": "The provisions of this article shall not apply if it is determined that the closure of a mobile home park or conversion of use of the land as a mobile home park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure, cessation, or conversion of use of the affected park as a mobile home park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held, and certified copies of all pertinent judgments, orders, and decrees of the court.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637869", "number": "§ 18.12.085", "title": "Waiver for minor modifications.", "text": "(a) An applicant may apply to the city to obtain a waiver of the requirements of this article under any of the following circumstances:(1) The proposed mobile home park conversion will not result in permanent or long-term displacement of any park residents.(2) The proposed mobile home park conversion is for a partial park closure to perform modifications or improvements to park facilities, and the closure will result in minimal displacement of total park residents. For purposes of this section, minimal displacement shall mean no more than two spaces are removed or closed.(b) If an applicant requests a waiver under subsection (a)(2), the city's community development and sustainability director shall have discretion to grant or deny the waiver request. The decision shall be appealable to the city manager. Prior to granting the waiver request, the director shall make the following findings:(1) The partial closure is for the purpose of making improvements to park facilities or park utilities that are likely to provide an increased value or benefit to the overall park and park residents.(2) The applicant has adequately informed all park residents by providing written notice about the partial closure within fifteen days of submitting the waiver request. Notice should include location of proposed partial closure, estimated timeline for changes and reason(s) for closure.(3) The applicant has adequately considered other feasible alternatives to avoid closing the affected spaces.(4) No more spaces will be closed than is necessary to perform the proposed modifications or improvements.(5) The partial closure will not be detrimental to the long-term economic viability of the park.(6) The partial closure will not be detrimental to the overall health, safety and welfare of the city or the park residents.(c) In addition to the findings detailed in subsection (b) above, the director shall require the applicant to furnish adequate proof that affected residents have been offered relocation to new or different spaces within the park, and/or other reasonable relocation assistance consistent with the purpose and policies of this article. This finding shall only be required if the proposed spaces to be closed are not vacant, and thus the partial closure will result in displaced residents. Nothing herein requires a resident to accept the offered relocation assistance. Adequate proof shall mean that the applicant has submitted the following information to the director:(1) If new or different spaces within the park are available:(A) A reasonable relocation assistance plan, to the extent practicable, that includes the following:(i) For residents who elect to relocate their mobile homes, the estimated cost of relocating the mobile home consistent with the parameters specified in Section 18.12.050(h)(3)(A).(ii) For residents who cannot relocate their mobile homes or who elect to sell their mobile homes, the estimated cost of purchasing the mobile home of the displaced homeowner, including any associated accessories at one hundred percent of its in-place, fair market value consistent with the parameters specified in Section 18.12.050(h)(4)(A).(2) If no new or different spaces within the park are available:(A) A summary of comparable mobile home parks within a thirty-mile radius consistent with the parameters specified in Section 18.12.050(f).(B) A summary of comparable housing options within a thirty-mile radius consistent with the parameters specified in Section 18.12.050(g).(C) A reasonable relocation assistance plan, to the extent practicable, that includes the following:(i) For residents who elect to relocate their mobile homes, the information specified in Section 18.12.050(h)(3)(A).(ii) For residents who cannot relocate their mobile homes or who elect to sell their mobile home, the information specified in Section 18.12.050(h)(4)(A).(d) In determining whether to grant a waiver under subsections (b) and (c) above, the city may require an applicant to provide proof that all displaced residents have been or will be provided adequate notice of termination as required by law. Additionally, the city may require an applicant to provide documentation in support of an applicant's request for a waiver, including any applicable building plans, lease agreements, or other information necessary for the city to adequately evaluate the request. Failure to provide adequate supporting documentation requested by the city may constitute grounds for denying the waiver request.(e) An applicant shall not obtain a waiver under subsection (a) more than twice in a five-year period.", "history": "(Ord. 2546 § 2, 2019)" }, { "guid": "44637893", "number": "§ 18.12.090", "title": "Reasonable accommodations.", "text": "Individuals who need reasonable accommodations in order to participate in the provisions of this article should inform the city at least twenty-four hours in advance of any public meeting. Such notification will enable the city to make reasonable accommodations to ensure accessibility. Examples of reasonable accommodations include, but are not limited to, written and oral translation services as well as auxiliary aids. Additionally, the city may require the applicant to provide the residents of the affected mobile home park, at no cost to the resident(s), with transportation or travel vouchers for transportation services such as taxis or city buses for those residents who do not have transportation to and from the noticed public hearings. Park residents in need of such transportation assistance shall notify the city at least seventy-two hours in advance of the public meeting.", "history": "(Ord. 2539 § 2, 2018; Ord. 2546 § 3, 2019)" }, { "guid": "44637894", "number": "§ 18.12.100", "title": "Vacancy notice provision.", "text": "To ensure the applicant does not maliciously or intentionally increase vacancy rates to avoid payment of relocation assistance to displaced park residents, in anticipation of the mobile home park conversion, from the time the applicant submits a development or permit application until the city council approves or denies the request, the city shall require the applicant to file a written notice with the community development and sustainability director if the park's average monthly vacancy rate increases by more than ten percent. The written notice must explain the reason for the increased vacancy rates. If the city suspects malicious intent, the city may consider disapproving the application, in addition to any other available remedies at law.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637895", "number": "§ 18.12.110", "title": "Remedies or penalties for noncompliance.", "text": "In addition to any remedies or penalties for noncompliance with any city ordinance as provided elsewhere in the city's municipal code, should the applicant violate the rights of any park resident established under this article, the applicant shall be liable to said person for actual damages caused by such violation, plus costs, and reasonable attorney fees. Furthermore, no applicant shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent said resident from exercising his or her rights under this article.", "history": "(Ord. 2539 § 2, 2018)" }, { "guid": "44637896", "number": "§ 18.12.120", "title": "Administration fees.", "text": "The city council may establish by resolution reasonable fees to cover any costs incurred by the city in implementing this article. The applicant shall pay such fees, subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g) of the Government Code.", "history": "(Ord. 2539 § 2, 2018)" } ] }, { "guid": "44637905", "title": "IN GENERAL", "number": "19.01", "url": "https://ecode360.com/44637905", "sha256": "a7570e7c85756f51ce2373ea794356491b18e2f5ce2590d0c303aed8137098aa", "exportedArticleSha256": "5ea6fffab49e838240bb2aad6d783ccf68df1c7e7ce392c1d97ca43fbf87522b", "sections": [ { "guid": "44637906", "number": "§ 19.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Business.Professions, trades and occupations, and all and every kind of calling whether or not carried on for profit.Collector.The finance administrator of the city or any other employee designated by the city manager to administer this chapter.Fixed place of business.The premises occupied in the city for the particular purpose of conducting a business. Where a location requires a sales and use tax permit by the state board of equalization, a license applicant shall produce a valid state sales and use tax permit in order to be adjudged by the collector as having a fixed place of business within the city.Gross receipts.Except as otherwise specifically provided, the total amount actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in \"gross receipts\" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, all cost of materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever. Excluded from \"gross receipts\" shall be the following:(1) Cash discounts allowed and taken on sales.(2) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser.(3) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.(4) Receipts of persons acting as agents or brokers, other than receipts received as commissions or fees earned, or charges of any character made or compensation of any character received for the performance of any service as agent or broker; provided, that any agent or broker dealing in stocks or other similar written instruments, evidencing a right to participate in the assets of any business or dealing in bonds or other evidences of indebtedness, who also deals in such property as a principal, shall include in the gross receipts by which the tax is measured, the amount of his or her trading profits resulting from such dealings. No deduction from receipts attributable to trading as a principal shall be made unless such deduction is provided for in this section.(5) Receipts of real estate agents or brokers, other than receipts received as commissions or fees earned, from the resale of a residential property purchased by the agent or broker under a \"guaranteed purchase listing agreement,\" provided, that the resale price does not exceed by more than six percent the agent's or broker's purchase price, together with his or her incidental out-of-pocket closing, carrying, repair and maintenance costs. In the event that the resale price exceeds the agent's or broker's purchase price together with his incidental out-of-pocket closing, carrying, repair and maintenance costs by more than six percent, then in that event, the entire resale price, not just the commission or fees earned, shall be treated as taxable gross receipts.(6) Receipts of refundable deposits; except that refundable deposits forfeited and taken into income of the business shall not be excluded.(7) As to retail gasoline dealers, a portion of his or her receipts from the sale of motor vehicle fuel, equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the state.(8) As to retail gasoline dealers, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code, if paid by the dealer or collected by him or her from the consumer or purchaser.(9) That portion of the receipts of a general contractor which represents payment to subcontractors; provided, that such subcontractors are licensed under this part and; provided, that the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor, and provided that the portion deducted does not exceed the amount reported by the subcontractor for projects located within the city.(10) Credit allowed on property accepted as part of the purchase price and collected from the consumer or purchaser.Manufacturer.Every person who, directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from his or her own materials or ingredients any articles, substances or commodities.Person.All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee.Sale.The transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which in effect results in a sale within the contemplation of law.Sale at retail; retail sale.Every sale of tangible personal property, including articles produced, fabricated or imprinted, other than sale to one who: (1) purchases for the purpose of resale as tangible personal property in the regular course of business; or (2) purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance of which such property becomes an ingredient or component, or as a chemical used in processing when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale.Sale at wholesale; wholesale sale.A sale of goods, wares or merchandise for the purpose of resale in the regular course of business.Vehicle.Every device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.", "history": "(Ord. 872 § 1; Ord. 1879 §§ 1, 2)" }, { "guid": "44637927", "number": "§ 19.01.020", "title": "Singular and plural.", "text": "Whenever the singular is used in this chapter it shall also include the plural.", "history": "(Ord. 872 § 1)" }, { "guid": "44637928", "number": "§ 19.01.030", "title": "Revenue measure.", "text": "This chapter is enacted solely to raise revenues for municipal purposes and is not intended as regulation. Nothing herein contained shall authorize an activity which is otherwise prohibited by this Code or by any other applicable law.", "history": "(Ord. 872 § 1)" }, { "guid": "44637929", "number": "§ 19.01.040", "title": "Substitute for other revenue ordinances.", "text": "Any person required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any business license tax for the privilege of doing such business, which has been required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances.", "history": "(Ord. 872 § 1)" }, { "guid": "44637930", "number": "§ 19.01.050", "title": "Constitutional apportionment.", "text": "None of the business license taxes provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State of California.In any case where a business license tax is believed by a person transacting or carrying on any business in the city to place an undue burden upon interstate commerce or be violative of such constitutional clauses, such person may apply to the collector for an adjustment of the tax. Such application may be made before or at the time the tax is required to be paid or within six months after payment of the prescribed business license tax. The applicant shall, by sworn statement and supporting testimony, show this method of business and the gross volume or estimated gross value of such business and such other information as the collector may deem necessary in order to determine the extent of any of such undue burden or violation. The collector shall then conduct an investigation and, after having first obtained the written approval of the city attorney, shall fix as the business license tax for the applicant an amount that is reasonable and nondiscriminatory or, if the business license tax has already been paid, shall order a refund of the amount over and above the business license tax so fixed. In fixing the business license tax, the collector shall have the power to fix the business license tax upon a percentage of gross receipts or any other measure which will assure that the business license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the mount assessed does not exceed the business license tax prescribed by this chapter. Should the collect or determine the gross receipts measure of business license tax to be the proper basis, the collector may require the applicant to submit, either at the time of termination of the applicant's business in the city or at the end of each three-month period, a sworn statement of the gross receipts and to pay the mount of business license tax therefor; provided, that no additional business license tax during any one calendar year shall be required after the taxpayer shall have paid an amount equal to the annual business license tax as prescribed in this chapter.", "history": "(Ord. 872 § 1)" }, { "guid": "44637931", "number": "§ 19.01.060", "title": "Fleet sales of vehicles.", "text": "Sections 19.01.010 and 19.04.070 notwithstanding, the tax imposed by this chapter on automobile dealers' gross receipts shall be reduced by seventy percent of the gross receipts from sale of fleet vehicles upon written application of the dealer accompanied by documentation of the amount of receipts from fleet vehicles.Fleet vehicles shall refer to any motor vehicle sold to a person or governmental entity that continually maintains for its use in business or governmental activities a fleet of motor vehicles, having in excess of ten motor vehicles, and which sale is demonstrated, by receipts or other documentation, to have been made at a price substantially below the dealer's usual retail price.", "history": "(Ord. 872 § 1)" } ] }, { "guid": "44637932", "title": "GENERAL LICENSE REQUIREMENTS AND REGULATIONS", "number": "19.02", "url": "https://ecode360.com/44637932", "sha256": "277b1e94ce4dca936fc7efc53f03f04e3abeae1f03c0ce857f8e9a30e5304135", "exportedArticleSha256": "b38b3637df480620e52e87934518aba841cf17b84802d8c268ca54fb65ed85e3", "sections": [ { "guid": "44637933", "number": "§ 19.02.010", "title": "License and tax payment required.", "text": "(a) There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this ordinance, the business license taxes and registration tax in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having paid the business license tax hereinafter prescribed or without complying with any and all applicable requirements and other provisions of this article. A separate certificate must be obtained for each separate type of business transacted and carried on at the same location and each certificate shall authorize the holder thereof to transact and carry on only the business described and only at the location designated therein; provided, that any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may, at his or her option, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts.(b) This section shall not be construed to require any person to pay a business license tax or to comply with any other requirement of this chapter prior to doing business within the city if such requirements conflict with applicable statutes of the United States or of the State of California.", "history": "(Ord. 872 § 1; Ord. 906 § 1)" }, { "guid": "44637936", "number": "§ 19.02.020", "title": "Exemptions.", "text": "The following are exempted from the payment of a business license tax under this chapter:(a) Any nonprofit institution, corporation, organization or association organized and conducted for nonprofit purposes only, having a charitable solicitation permit issued pursuant to Chapter 18 of this Code, when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain of any person. Such charitable solicitation permit shall substitute for the exempt business license which would otherwise be required under this chapter. This exemption shall not apply to promoters employed by non-profit institutions, corporations, organizations or associations.(b) Any honorably discharged or honorably relieved soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who is a voter of this state, distributing circulars or hawking, peddling or vending any goods, wares or merchandise owned by such person, except spirituous, malt, vinous or other intoxicating liquor.(c) Any natural person over the age of sixty-five or under eighteen engaged in any part-time occupation; provided, that the gross income of such natural person does not exceed one thousand five hundred dollars per annum.(d) A person commencing, transacting or carrying on a business in his or her home in a residential zone, not as a nonconforming use, or otherwise carrying on business in his or her home, and whose annual gross receipts from such business are, or are anticipated to be, one thousand five hundred dollars or less, may make application to the collector for conditional exemption from the payment of business license tax, as set forth in this chapter, for any given year. However, this provision shall not apply if such person advertises or solicits business in any manner except by personal oral recommendation and not including radio or loudspeaker devices or if such person has any signs or symbols indicating that a business is being carried on by such person or if such person is engaged in a business or profession requiring a fitness or qualifications license to be issued to such person by the state or one of its agencies.(e) Exemptions otherwise prescribed by law. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitutions or the applicable statutes of the United States or the state from the payment of such taxes as are herein prescribed.(f) Any person who vacates his personal residence for a period not exceeding fifteen consecutive months and who rents such residence for all or a portion of such period.(g) Any person engaged solely in the business of shoe shining.", "history": "(Ord. 872 § 1; Ord. 888 § 1)" }, { "guid": "44637944", "number": "§ 19.02.030", "title": "Claims for exemption.", "text": "Any person desiring to claim exemption from the payment of a business license tax and to have a free license issued to him shall make application therefor upon forms prescribed by the collector and shall furnish such information and make such affidavits as may be required. Upon the determination being made that the applicant is entitled to exemption from the payment of business license taxes for any reason set forth in this chapter, the collector, upon the applicant's complying with the provisions of this chapter or any other ordinance of the city which may require a permit for the doing of the particular act proposed to be done, shall issue a free license to such person, which shall show upon its face that the business license tax is exempt.", "history": "(Ord. 872 § 1)" }, { "guid": "44637945", "number": "§ 19.02.040", "title": "Branch establishments.", "text": "Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such licenses; provided, that warehouses, distributing plants and other locations which generate no additional gross receipts but are used in connection with or incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments but shall be listed on the business license application or renewal for the licensed business. Nothing herein shall be construed so as to require the keeping of separate financial records for each branch, so long as all taxable receipts are reported.", "history": "(Ord. 872 § 1; Ord. 1879 § 3)" }, { "guid": "44637946", "number": "§ 19.02.050", "title": "Contents of license.", "text": "All licenses shall be prepared and issued by the collector of the city, upon payment of the sum to be paid therefor, and each license so issued shall state upon the face thereof the following:(a) The name of the person to whom the license is issued;(b) The name of the business licensed;(c) The kind or kinds of business licensed thereby;(d) The location of such business;(e) The date of the expiration of such license.The license shall in no event state the amount of the license fee.", "history": "(Ord. 872 § 1)" }, { "guid": "44637952", "number": "§ 19.02.060", "title": "Vehicle/vending machine stickers.", "text": "Whenever the business license tax imposed under the provisions of this chapter is determined by the number of vehicles, machines or devices, or whenever the business license tax is determined by the gross receipts from the operation of such items, the collector shall issue one identification sticker for each item included in the determination of the tax or used in a business where the tax is determined by the gross receipts of such items. Such sticker shall be attached in a conspicuous place on such vehicle, machine or device.Additional stickers or license facsimiles may be issued by the collector for substitute or alternate vehicles if the licensee applies in writing to the collector setting forth that such substitute or alternate vehicle will not be used in such city on days when the regular vehicle or vehicles will be used in the city.Each such sticker shall have thereon the words \"Davis, California\" or any abbreviation thereof, the current year and shall be in such form and color and contain such other information as the collector shall determine. However, the sticker shall in no event state the amount of the license fee.", "history": "(Ord. 872, 91)" }, { "guid": "44637953", "number": "§ 19.02.070", "title": "Business license tax—How payable.", "text": "All business license taxes due hereunder shall be paid in advance at the office of the collector.", "history": "(Ord. 872 § 1)" }, { "guid": "44637954", "number": "§ 19.02.080", "title": "Terms of licenses—Delinquency.", "text": "All business license taxes due hereunder shall be due and payable, and delinquent, as follows:(a) Daily license, due on its effective date and delinquent at 5:00 p.m. on due date.(b) Annual license, due on the first day of January and delinquent at 5:00 p.m. on January 31st.To all delinquent license fees there shall be added a penalty of ten percent of the amount of the tax due for the period, and an additional ten percent for each month delinquent thereafter.The collector, for good cause, may extend, for not more than thirty days, the time for paying any sum required to be paid hereunder; provided, that a written request therefor is filed with the collector prior to the delinquency date.", "history": "(Ord. 872 § 1)" }, { "guid": "44637957", "number": "§ 19.02.090", "title": "Proration.", "text": "Proration of any annual business license tax due hereunder shall be made for any portion of the period for which a business license tax is payable. In the case of a first annual business license tax based upon a method other than gross receipts, the tax may be prorated as follows:(a) If application is made during the quarter beginning January 1st, one hundred percent of such fee shall be paid;(b) If application is made during the quarter beginning April 1st, seventy-five percent of such fee shall be paid;(c) If application is made during the quarter beginning July 1st, fifty percent of such fee shall be paid;(d) If application is made during the quarter beginning October 1st, twenty-five percent of such fee shall be paid.", "history": "(Ord. 872 § 1)" }, { "guid": "44637962", "number": "§ 19.02.100", "title": "Duration of license.", "text": "No license shall be issued for a period of more than twelve months. No license shall be issued for any period extending beyond the thirty-first day of December.", "history": "(Ord. 872 § 1)" }, { "guid": "44637963", "number": "§ 19.02.110", "title": "Limitations.", "text": "No greater or lesser amount of money shall be charged or received for any business license tax than that provided for in this chapter, and no license shall be sold or issued for any period of time other than that provided for in this chapter; provided, that this section shall not refer to such penalties as are herein provided for.", "history": "(Ord. 872 § 1)" }, { "guid": "44637964", "number": "§ 19.02.120", "title": "Duplicate licenses.", "text": "Duplicate licenses may be issued by the collector to replace any license previously issued which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact and at the time of filing such affidavit paying to the collector the sum of five dollars.", "history": "(Ord. 872 § 1)" }, { "guid": "44637965", "number": "§ 19.02.130", "title": "License nontransferable—Changed location and ownership refunds.", "text": "No license issued pursuant to this chapter shall be transferred; except, that when a licensee transfers his business from one location to another in the city, the license previously issued may be amended to authorize the conduct of the business at the new location. The license transfers and amendments herein authorized may be obtained upon application therefor to the collector and the payment of the sum of five dollars.If a licensee with a fixed place of business within the city, who has paid for an annual license, ceases to do business within the city, such person shall be entitled to a refund of a prorated sum for the unexpired term of the license on the date that such licensee ceases to do business. Such claim for refund shall be filed within one year from the cessation of business.", "history": "(Ord. 872 § 1)" }, { "guid": "44637966", "number": "§ 19.02.140", "title": "Posting and retention of license.", "text": "All licenses must be retained in the following manner:(a) Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.(b) The license of any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall be kept upon such licensee's person or business vehicle at all times while transacting and carrying on such business.", "history": "(Ord. 872 § 1)" }, { "guid": "44637969", "number": "§ 19.02.150", "title": "Refunds of overpayments.", "text": "No refund of an overpayment of taxes imposed by this chapter shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of one year from the last day of the calendar month following the period for which the overpayment was made; and all such claims for refund of the amount of the overpayment must be filed with the collector on forms furnished by him or her and in the manner prescribed by him or her. Upon the filing of such a claim and when he or she determines that an overpayment has been made, the collector may refund the amount overpaid.", "history": "(Ord. 872 § 1)" }, { "guid": "44637970", "number": "§ 19.02.160", "title": "Tax reduction factors.", "text": "A licensee business that generates fifty-one thousand dollars and more sales tax revenue for the city during the same business license gross receipts taxable year will be entitled to a reduction of their business license tax payment in accordance with the following schedule of reduction factors:Amount of Sales Tax RevenueReduction Factor$ 0 — 50,9990%$ 51 — 60,99934%$ 61 — 70,99938%$ 71 — 80,99942%$ 81 — 90,99946%$ 91 — 100,99950%$ 101 — 110,99952%$ 111 — 120,99954%$ 121 — 130,99956%$ 131 — 140,99958%$ 141 — 150,99960%$ 151 — 160,99961%$ 161 — 170,99962%$ 171 — 180,99963%$ 181 — 190,99964%$ 191 — 200,99965%$ 201 — 220,99966%$ 221 — 240,99967%$ 241 — 260,99968%$ 261 — 300,99969%$ 301 — and greater70%", "history": "" } ] }, { "guid": "44637971", "title": "ISSUANCE", "number": "19.03", "url": "https://ecode360.com/44637971", "sha256": "1a2124ecf196f4b5b540ba37ad561656396afb81d93fb401bee923254181b616", "exportedArticleSha256": "53e478795d4fff3a38df41e9b40f5291c6c8f012761e73c10af6971739c4f63e", "sections": [ { "guid": "44637972", "number": "§ 19.03.010", "title": "Application for issuance of license.", "text": "Every person required to have a license under the provisions of this chapter shall make application for the same to the collectors of the city. Such application shall be a written statement upon a form provided by such collector and shall be written by the applicant under penalty of perjury or sworn to by the applicant before a person authorized to administer oaths. The application shall set forth such information as may be necessary for the collector properly to determine the appropriate classification and amount of the business license tax to be paid by the applicant.If the amount of the business license tax to be paid by the applicant is based upon gross receipts, such application shall set forth the gross receipts for the applicable period, as provided in this chapter.", "history": "(Ord. 872 § 1)" }, { "guid": "44637973", "number": "§ 19.03.020", "title": "Application for first license.", "text": "Every person making application for a first license shall estimate the gross receipts, the number of tables, machines, devices or other applicable basis for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as being reasonable, shall be used in determining the amount of business license tax to be paid by the applicant; provided, however, that the amount of the business license tax so determined shall be tentative only, and such person shall, within thirty days after expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form to be provided by such collector, setting forth information as may be therein required and showing, during the period of such license, the actual gross receipts, number of tables, machines, devices or other applicable basis. The business license tax shall be ascertained and paid upon such applicable basis, credit being given for the tentative business license tax previously paid.", "history": "(Ord. 872 § 1)" }, { "guid": "44637974", "number": "§ 19.03.030", "title": "Application for renewal of licenses.", "text": "In all cases, the applicant for the renewal of a license shall submit to the collector for the collector's guidance in ascertaining the amount of the business license tax to be paid by the applicant, a sworn statement upon a form to be provided by the collector, written under penalty of perjury or sworn to before a person authorized to administer oaths. Such form shall set forth such information concerning the applicant's business during the preceding licensing period as may be required by the collector to enable such person to ascertain the amount of the business license tax to be paid by such applicant pursuant to the provisions of this chapter.", "history": "(Ord. 872 § 1)" }, { "guid": "44637975", "number": "§ 19.03.040", "title": "Audit of statements and records.", "text": "No statements submitted to the collector shall be conclusive as to the matters set forth therein, nor shall the filing of such preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder pursuant to the requirements of this chapter. Any such statement and each of the several items therein contained shall be subject to audit and verification by the collector, the collector's deputies or authorized employees of the city who are hereby authorized to examine, audit and inspect such books and records of the business which is the subject of the statement as may be necessary in their judgment to verify or ascertain the amount of business license tax due.In no case shall any mistake made in stating the amount of the business license tax prevent or prejudice the collection of what shall actually be due from anyone carrying on a trade, calling, profession or occupation subject to a business license tax under this chapter.All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales receipts, purchases and other expenditures and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. No person required under this section to keep records shall refuse to allow authorized representatives of the collector to examine such records at reasonable times and places.", "history": "(Ord. 872 § 1)" }, { "guid": "44637976", "number": "§ 19.03.050", "title": "Information confidential.", "text": "(a) The gross receipts statements filed pursuant to the provisions of this chapter shall be deemed confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter. It shall not be improper, however, to release the name, address and telephone number of licensed businesses as well as the type of business and other general information which is unrelated to the business gross receipts.(b) Any officer or employee who wilfully violates the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished as in this chapter provided, and such violation shall be cause for discharge from the city's service.", "history": "(Ord. 872 § 1; Ord. 1042 § 1)" }, { "guid": "44637979", "number": "§ 19.03.060", "title": "Failure to file statement or corrected statement.", "text": "If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector such person fails to file a corrected statement, or if any person subject to the tax imposed by this chapter fails to submit information required by the collector necessary to determine the business license tax due and payable, or if the collector is not satisfied with the information supplied and the statement filed, the collector may determine the amount of business license tax due from such person by means of such information as he may be able to obtain.If such determination is made, the collector shall give a notice of the amounts so assessed by serving if personally or by depositing it in the United States Post Office at Davis, California, postage prepaid, addressed to the person so assessed at his or her last known address.", "history": "(Ord. 872 § 1)" }, { "guid": "44637980", "number": "§ 19.03.070", "title": "Appeal.", "text": "Any person aggrieved by any decision of the collector with respect to the issuance of a license or the refusal to issue a license or the amount of a license tax may appeal to the city manager by filing a notice of appeal with the city clerk within ten days of such decision.Any person aggrieved by any decision of the city manager with respect to an appeal of a decision of the collector may appeal to the city council by filing a notice of appeal with the clerk of the council within fifteen days of such decision. The council shall fix a place for hearing such appeal, the time of which shall be within thirty days of receipt of the appeal, and the clerk of the council shall give notice in writing to such person of the time and place of the hearing by serving such notice personally or by depositing it in the United States Post Office at Davis, California, postage prepaid, addressed to such person at his or her last known address. The council shall have authority to determine finally all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter. Failure to appeal the decision of the collector or the decision of the city manager within the time prescribed shall cause such decision to be final and conclusive.", "history": "(Ord. 872 § 1; Ord. 2390 § 38, 2012)" } ] }, { "guid": "44637981", "title": "LICENSE TAXES", "number": "19.04", "url": "https://ecode360.com/44637981", "sha256": "79b0b4a26523ea9c0ec7e8659355915e8d4bc315bcae0ad34aaffe877f73d6fc", "exportedArticleSha256": "4e612278cd5b848814db89cfddd64ef4b10896a641e48c7baf005edf9c76e890", "sections": [ { "guid": "44637982", "number": "§ 19.04.010", "title": "License tax.", "text": "The amount of business license taxes to be paid to the city by any person engaged in or carrying on any profession, trade, calling, occupation or business hereinafter designated is hereby fixed and established as hereinafter in this chapter provided. Such business license tax shall be paid by every person engaged in carrying on or maintaining any such profession, trade, occupation, calling or business in the city.For every person engaged in carrying on or maintaining any profession, trade, occupation, calling or business, the business license tax shall be as set forth in the following sections.", "history": "(Ord. 872, § 1)" }, { "guid": "44637983", "number": "§ 19.04.020", "title": "Annual registration tax.", "text": "(a) Except for businesses for which an exemption has been granted and businesses governed by subsection (b), any person engaged in or carrying on any profession, trade, calling, occupation or business hereinafter designated shall pay an annual registration tax of ten dollars. All business license taxes provided for herein for the privilege of engaging or carrying on any profession, trade, calling, occupation or business are imposed in addition to the annual registration tax, except that no registration tax shall be paid for those businesses mentioned in Section 19.04.090. The annual registration tax shall be nonrefundable and shall not be prorated. The annual registration tax is due and payable at the same time as any other business license tax which is due and payable pursuant to this chapter.(b) Those businesses described in subsection (k) of Section 19.04.060 shall pay an annual registration tax of twenty-five dollars, in addition to any other business license tax which is due and payable pursuant to this chapter. The annual registration tax shall be nonrefundable and shall not be prorated, and shall be paid at the same time as any other business license tax imposed by this chapter.(c) Notwithstanding other provisions of this chapter, an annual registration tax shall be charged for branch establishments of licensed businesses as set forth in Section 19.02.040, even if the business transacted by such branch is classified hereunder in the same category as the primary or principal licensed business.**In the event that the tax hereby levied is declared invalid by a final judgment of a court of competent jurisdiction or is repealed by a legislative act or constitutional amendment, then, and without further action of the city council, the amendment adopted by Ordinance 1269 shall be of no further force and effect, and Section 19.04.020 shall automatically be revised to read as they did prior to the amendment by Ordinance 1269 and the passage of Ordinance 1257.", "history": "(Ord. 872 § 1; Ord. 973 § 1; Ord. 1269 § 1; Ord. 1299 § 1)" }, { "guid": "44637987", "number": "§ 19.04.030", "title": "Businesses in Group V.", "text": "As of January 1, 1979, the following businesses shall pay an annual business license tax in accordance with the schedule of taxes for Group V businesses based upon gross receipts derived therefrom.Such businesses as may be hereafter specifically designated by resolution of the city council. Businesses which are included within this section and some other sections of this chapter shall be taxed at the rates applicable under this section to the exclusion of those rates specified by such other section or sections; however, every such business shall be required to pay the annual registration tax specified by Section 19.04.020.", "history": "(Ord. 973 § 2; Ord. 978 § 1)" }, { "guid": "44637988", "number": "§ 19.04.040", "title": "Businesses in Group IV.", "text": "The businesses listed below, and any other professional business requiring qualifying certification or licensing, shall pay an annual business license tax in accordance with the schedule of taxes for Group IV businesses based upon gross receipts derived therefrom:Abstract and titleAdvertising agentAppraiserArchitect; landscape architectAssayerAttorney-at-lawAuditorBacteriologistBroker or commission agentCertified public accountant or public accountantChemistChiropodistChiropractorConsulting servicesCounselorsDentistDesigner, illustrator or decorator; computer graphics designerDetective agency and/or private patrolDrugless practitioner; homeopathic physicianElectrologistEngineer (civil, electrical, mining, chemical, structural, consulting or hydraulic)Employment agencyEngraverEntomologistFeed, grain and fruit brokerGeologistIllustrator or show-card writerInsurance brokerInterpreterLapidary; gemologistMassage therapistMorticianNaturopathNutritionistOculistOpticianOptometristOsteopathPathologistPhysiciansPhysiotherapistPsychiatristPsychologistPodiatristReal estate brokerReporters (court, convention and/or certified shorthand)RoentgenologistStock and bond brokerSurgeonSurveyorTaxidermistTherapistUrban plannerVeterinarian", "history": "(Ord. 872 § 1; Ord. 1879 § 4)" }, { "guid": "44637989", "number": "§ 19.04.050", "title": "Businesses in Group III.", "text": "The following businesses shall pay an annual business license tax in accordance with the schedule of taxes for Group III businesses based upon gross receipts derived therefrom:(a) Amusements, games, etc.(1) Concerts, lectures, motion pictures, tennis matches, boxing or wrestling matches, theatrical performances, vaudeville performances, street musicians, or any similar type of entertainment not otherwise specifically licensed hereunder, where an admission fee is charged.(2) Operation of coin-operated mechanical amusement devices.(3) Riding academy where instructions in horseback riding are given or horses or other animals are maintained for hire; or a feed or livery stable.(4) Other amusements and recreation services, except for those specifically enumerated elsewhere in this chapter.(b) Business and personal services. Every person engaged in the business of providing business or personal services, including internet and telephone services, not specifically taxed by other provisions of this chapter.\"Business and personal services\" means any business providing services, repairs or improvements to or on real or personal property, or the renting or leasing of personal property to businesses or persons, including internet and telephone services.(c) General contractors, subcontractors and specialty contractors and property developers. Every person conducting, carrying on or managing a business, who undertakes to or offers to undertake to or purports to have the capacity to undertake to, or submits bids to, or does or causes to be done by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works therewith, is defined as a contractor. The term \"contractor,\" as used in this section, also includes subcontractors and specialty contractors.(d) Distributing advertising or handbills, etc. Distributing handbills, advertising throw-aways and other similar types of advertising materials.", "history": "(Ord. 872 § 1; Ord. 1879 § 5)" }, { "guid": "44637998", "number": "§ 19.04.060", "title": "Businesses in Group II.", "text": "The following businesses shall pay an annual business license tax in accordance with the schedule of taxes for Group II businesses based upon gross receipts derived therefrom:(a) Ambulance service.(b) Artist.(c) Commercial printing.(d) Finance companies and savings and loan associations.(e) Hospital, sanitarium, rest home, nursing home or asylum.(f) Newspaper publication and/or distribution.(g) Restaurants.(h) Vending machine (merchandise and/or service).(i) Commercial or industrial property. Every person engaged in the business of renting of commercial nonresidential property as an owner leasing to another person or as a lessee or sublessee subleasing to another person.(j) Distribution of stamps, coupons, etc. Every person who distributes any stamps, coupons, tickets, cards or other devices to be issued to purchasers of goods, wares, merchandise, services or any other thing of value, which stamps, coupons, tickets, cards or other devices shall entitle such purchaser to procure from the person issuing the stamps, coupons, tickets, cards or other devices, or from any other person, any goods, wares, merchandise, services, money or any other thing of value, free of charge upon the presentation of one or a number of such stamps, coupons., tickets, cards or other devices.(k) Hotels, motels, duplexes, apartment houses, roominghouses, trailer or mobile home parks, etc.* Hotel, motel, or roominghouse, boardinghouse, apartment house, lodging-house, trailer or mobile home park, house court or bungalow courts; also, except as exempted by Section 19.02.020(f), and except as defined in Section 19.04.090, persons engaged in the business of renting or letting rooms, apartments, or other accommodations for dwelling, sleeping, housekeeping or lodging.(l) Manufacturing and processing. Every person conducting or carrying on a business consisting of manufacturing, packing or processing any goods, wares, or merchandise other than food, at a fixed place of business within the city. For the purpose of this section, the business license tax shall be applicable to the value of the manufactured or processed product, as reflected by the licensee's method of accounting, using generally accepted principles of accounting consistently applied, less the cost of purchased raw materials or, in the alternative, less the value of the raw materials or the value of the partially completed product at the time it enters the manufacturing process within the city.(m) Retail sales and miscellaneous businesses. Every person conducting or carrying on a business consisting of selling at retail any goods, wares and merchandise or commodities, or conducting, maintaining or carrying on any trade, occupation, calling or business at a fixed place of business within the city and not otherwise specifically licensed by other subdivisions of this chapter.(n) Trade school or college, business school or college. Where instruction is given in any trade, profession, calling or occupation and a fee is charged for such instruction.(o) Transporting persons. Every person. conducting or carrying on the business of transporting persons for hire, picking up and/or discharging passengers within the city.(p) Wholesaling. Every person conducting or carrying on a business consisting of selling, handling and storing at wholesale any goods, wares and merchandise or commodities, other than food, at a fixed place of business within the city.*In the event that the tax hereby levied is declared invalid by a final judgment of a court of competent jurisdiction or is repealed by a legislative act or constitutional amendment, then, and without further action of the city council, the amendment adopted by Ordinance 1269 shall be of no further force and effect, and subsection (k) shall automatically be revised to read as they did prior to the amendment by Ordinance 1269 and the passage of Ordinance 1257.", "history": "(Ord. 872 § 1; Ord. 1269 § 2)" }, { "guid": "44638015", "number": "§ 19.04.070", "title": "Businesses in Group I.", "text": "The following businesses shall pay an annual license tax in accordance with the schedule of taxes for Group I businesses based upon gross receipts derived therefrom:(a) Automobile, boat and motorcycle dealers, including related services which are a part of the dealership, except that leasing services are under Group III.(b) Gasoline service stations.(c) Grocery stores.(d) Food wholesaling. Every person conducting or carrying on a business consisting of selling, handling and storing at wholesale any food at a fixed place of business within the city.(e) Food manufacturing or processing. Every person conducting or carrying on a business consisting of manufacturing, packing or processing any food at a fixed place of business within the city. For the purpose of this section, the business license tax shall be applicable to the value of the manufactured or processed product as reflected by the licensee's method of accounting, using generally accepted principles of accounting consistently applied, less the cost of purchased raw materials or, in the alternative, less value of the raw materials or the value of the partially completed product at the time it enters the manufacturing process within the city.(f) Public utilities.", "history": "(Ord. 872 § 1; Ord. 906 § 2)" }, { "guid": "44638022", "number": "§ 19.04.080", "title": "Schedule of taxes.", "text": "See Table 9-1 at the end of this section.To compute the total tax due for gross receipts in excess of one million dollars, find the appropriate bracket for each one million dollars or increment thereof, adding the total tax due for each one million dollars or increment thereof. (For example, a grocery store (Group I) has receipts of two million and fifty-five thousand dollars. The total tax due is three hundred one dollars and fifty cents for the first million plus three hundred one dollars and fifty cents for the second million plus sixteen dollars and fifty cents for the fifty-five thousand dollars, yielding a business license tax of six hundred nineteen dollars and fifty cents):(a) Annual registration tax. Ten dollars.(b) Business license tax.(1) Tax on first million: three hundred one dollars and fifty cents.(2) Tax on second million: three hundred one dollars and fifty cents.(3) Tax on fifty-five thousand dollars: sixteen dollars and fifty cents.(4) Total tax on two million, fifty-five thousand dollars: six hundred nineteen dollars and fifty cents.(c) Total due (1 + 2). Six hundred twenty-nine dollars and fifty cents.TABLE 9-1: SCHEDULE OF TAXESGross ReceiptsBusiness License TaxBracketsGroup IGroup IIGroup IIIGroup IV$0$ 9,999$ 1.50$ 3.00$ 4.50$ 9.0010,00019,9994.509.0013.5027.0020,00029,9997.5015.0022.5045.0030,00039,99910.5021.0031.5063.0040,00049,99913.5027.0040.5081.0050,00059,99916.5033.0049.5099.0060,00069,99919.5039.0058.50117.0070,00079,99922.5045.0067.50135.0080,00089,99925.5051.0076.50153.0090,00099,99928.5057.0085.50171.00100,000109,99931.5063.0094.50189.00110,000119,99934.5069.00103.50207.00120,000129,99937.5075.00112.50225.00130,000139,99940.5081.00121.50243.00140,000149,99943.5087.00130.50261.00150,000159,99946.5093.00139.50279.00160,000169,99949.5099.00148.50297.00170,000179,99952.50105.00157.50315.00180,000189,99955.50111.00166.50333.00190,000199,99958.50117.00175.50351.00200,000209,99961.50123.00184.50369.00210,000219,99964.50129.00193.50387.00220,000229,99967.50135.00202.50405.00230,000239,99970.50141.00211.50423.00240,000249,99973.50147.00220.50441.00250,000259,99976.50153.00229.50459.00260,000269,99979.50159.00238.50477.00270,000279,99982.50165.00247.50495.00280,000289,99985.50171.00256.50513.00290,000299,99988.50177.00265.50531.00300,000309,99991.50183.00274.50549.00310,000319,99994.50189.00283.50567.00320,000329,99997.50195.00292.50585.00330,000339,999100.50201.00301.50603.00340,000349,999103.50207.00310.50621.00350,000359,999106.50213.00319.50639.00360,000369,999109.50219.00328.50657.00370,000379,999112.50225.00337.50675.00380,000389,999115.50231.00346.50693.00390,000399,999118.50237.00355.50711.00400,000409,999121.50243.00364.50729.00410,000419,999124.50249.00373.50747.00420,000429,999127.50255.00382.50765.00430,000439,999130.50261.00391.50783.00440,000449,999133.50267.00400.50801.00450,000459,999136.50273.00409.50819.00460,000469,999139.50279.00418.50837.00470,000479,999142.50285.00427.50855.00480,000489,999145.50291.00436.50873.00490,000499,999148.50297.00445.50891.00500,000509,999151.50303.00454.50909.00510,000519,999154.50309.00463.50927.00520,000529,999157.50315.00472.50945.00530,000539,999160.50321.00481.50963.00540,000549,999163.50327.00490.50981.00550,000559,999166.50333.00499.50999.00560,000569,999169.50339.00508.501017.00570,000579,999172.50345.00517.501035.00580,000589,999175.50351.00526.501053.00590,000599,999178.50357.00535.501071.00600,000609,999181.50363.00544.501089.00610,000619,999184.50369.00553.501107.00620,000629,999187.50375.00562.501125.00630,000639,999190.50381.00571.501143.00640,000649,999193.50387.00580.501161.00650,000659,999196.50393.00589.501179.00660,000669,999199.50399.00598.501197.00670,000679,999202.50404.00607.501215.00680,000689,999205.50411.00616.5.01233.00690,000699,999208.50417.00625.501251.00700,000709,999211.50423.00634.501269.00710,000719,999214.50429.00643.501287.00720,000729,999217.50435.00652.501305.00730,000739,999220.50441.00661.501323.00740,000749,999223.50447.00670.501341.00750,000759,999226.50453.00679.501359.00760,000769,999229.50459.00688.501377.00770,000779,999232.50465.00697.501395.00780,000789,999235.50471.00706.501413.00790,000799,999238.50477.00715.501431.00800,000809,999241.50483.00724.501449.00810,000819,999244.50489.00733.501467.00820,000829,999247.50495.00742.501485.00830,000839,999250.50501.00751.501503.00840,000849,999253.50507.00760.501521.00850,000859,999256.50513.00769.501539.00860,000869,999259.50519.00778.501557.00870,000879,999262.50525.00787.501575.00880,000889,999265.50531.00796.501593.00890,000899,999268.50537.00805.501611.00900,000909,999271.50543.00814.501629.00910,000919,999274.50549.00823.501647.00920,000929,999277.50555.00832.501665.00930,000939,999280.50561.00841.501683.00940,000949,999283.50567.00850.501701.00950,000959,999286.50573.00859.501719.00960,000969,999289.50579.00868.501737.00970,000979,999292.50585.00877.501755.00980,000989,999295.50591.00886.501773.00990,000999,999298.50597.00895.501791.001,000,0001,009,999301.50603.00904.501809.00", "history": "(Ord. 872; Ord. 973 § 1; Ord. 987 § 1)" }, { "guid": "44638030", "number": "§ 19.04.090", "title": "Businesses subject to miscellaneous tax rates.", "text": "For every person conducting or carrying on any business hereinafter described in this section, the license tax shall be as set forth herein:(a) Transportation and trucking. Every person not having a fixed place of business within the city and not being herein otherwise licensed or classified, who delivers goods, wares or merchandise of any kind by vehicle or who provides any service by the use of vehicles in the city, shall pay a business license tax of one hundred twenty dollars annually per vehicle; provided, that any such person may elect to pay a business license tax under the same section as a similar business with a fixed place of business within the city, measured by gross receipts from business done within the city.(b) Dance halls, etc. Public dance hall, nightclub or any place where dancing is permitted, two hundred dollars per year, in addition to the business license tax determined by gross receipts.(c) Card rooms. Conducting a public card room where games of any kind are played with cards, six hundred dollars per year for the first table, one hundred eighty dollars per year for each additional table, in addition to the business license tax determined by gross receipts, exempting therefrom all fraternal organizations and labor unions, if no private individual operates the card room for a fee or percentage of the profits.(d) Amusement circuses, menageries, tent shows, theatricals.(1) Circus, carnival or other similar exhibition, three hundred dollars for each day; each circus or menagerie parade or procession on, over or along any public street or highway of the city, by any person not having a license to exhibit such circus, carnival or other similar exhibit in such city, three hundred dollars per day.When the carnival, circus or tent show business license tax is paid, no additional license shall be required for shows, exhibitions, rides or devices within the carnival, circus or tent show.\"Carnival\" shall include tent shows, games of skill, rides and devices.(2) Lecture or traveling theatrical performance under or surrounded or partially enclosed by canvas, such as comedy, spoken drama, opera or concert, sixty dollars per day.(3) Concessions or rides for children, other than carnivals, including miniature trains, merry-go-rounds, pony rides, speedways (small electric automobiles), small gasoline automobiles, etc., one hundred twenty dollars per year for each such ride device.(4) Concessions or rides for adults, other than carnivals, including carrousels, loop-o-planes, aeroplanes, Ferris wheels, sky fliers, scooters, whips, toonervilles, or ride devices of a similar character, one hundred twenty dollars per year for each such ride device.(e) Bankrupt closeout sales, etc. Owning, operating, opening, establishing, managing, maintaining or having charge of any location or place of business of any kind for the sale of any insolvent or bankrupt business, fire-damaged, closeout or other similar goods, wares or merchandise, one hundred twenty dollars for the first thirty days, plus thirty dollars per day over thirty days.(f) Christmas trees, greens or card sales. Sale of Christmas trees, holly, berries, cards or other seasonal items, sixty dollars per season, except where business is conducted in connection with another regularly established place of business for which a license has been issued, or is conducted by and solely for the benefit of a charitable or nonprofit organization.(g) Junk dealers or dealers in old and/or used articles. Every person, at a fixed place of business in the city, engaged in the business of carrying on or collecting, buying or selling, at either retail or wholesale, or otherwise dealing in junk and/or rubbish, waste material, refuse and/or any old rags, sacks, bottles, cans, papers, metals, jewelry, precious metals, rubber, bric-a-brac, cordage, truck or automobile tires, truck or automobile accessories and truck or automobile parts and other like articles, whether such can be sold or otherwise disposed of for the purpose of being treated, repaired or prepared so as to be used again in some other form, six hundred dollars per year.(h) Pawnbrokers. Six hundred dollars per year.(i) Occasional bazaar, crafts fair, etc. The coordinator or promoter of the event shall pay a fee of thirty dollars per day for the entire event. This section shall only apply to occasional bazaars, crafts fairs, and the like, where individual artisans display for purposes of sale only such goods, crafts and works which they have personally created.(j) Peddler. \"Peddler\" is defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but does not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes to bidders for public works or supplies. Every person, firm or corporation engaged in such a business (peddler) in the city shall pay a business license tax of four hundred fifty dollars per year per peddler, or thirty dollars per day per peddler. No peddler shall conduct business within the area bounded by B Street on the west, Fifth Street on the north, H Street on the east and First Street on the south during the annual three-day sidewalk sale conducted by the Davis Downtown Merchants Association. No peddler shall sell, nor shall a business license be granted for the sale of Silly String or any similar product that causes a foam-like material to be propelled out of an aerosol container on the annual Picnic Day conducted by the University of California at Davis.(1) Peddlers of food products, produce and fresh cut flowers shall pay a business license tax of one hundred fifty dollars per year per peddler, or fifteen dollars per day per peddler.(2) All other peddlers shall pay a business license tax of four hundred fifty dollars per year per peddler, or thirty dollars per day.(k) Solicitor. \"Solicitor\" is defined as any person who engages in the business of going from place to place, and/or by telephone, selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or other things of value for future delivery, or for services to be performed in the future. Every person, firm or corporation engaged in such a business in the city shall be required to pay a business license tax of four hundred fifty dollars per year per solicitor, or thirty dollars per day per solicitor. No solicitor shall conduct business within the area bounded by B Street on the west, Fifth Street on the north, H Street on the east and First Street on the south during the annual three-day sidewalk sale conducted by the Davis Downtown Merchants Association.*(l) Owners or lessors of single-family dwellings (attached or detached), and of individual rooms in such dwellings shall pay a tax of twenty-five dollars per calendar year, or portion thereof for each such dwelling unit so used or offered for such use. For purposes of this section, a duplex shall be considered a single-family dwelling if one unit is occupied by the record owner thereof.***If the order of any court of competent jurisdiction or any valid passed statute or constitutional amendment prohibits tax increases without a vote of the electors in the city, and if the within amendment is declared to be a tax increase by a court of competent jurisdiction, then subsection (k) shall automatically, without further action of the city council, read as it did prior to passage of the amendment by Ordinance 1278.**Due January 1, 2010, and each year thereafter.", "history": "(Ord. 872; Ord. 904 § 1; Ord. 973 § 4; Ord. 976 § 1; Ord. 978 § 2; Ord. 994 § 1; Ord. 1269 § 3; Ord. 1278 § 1; Ord. 2164 § 1, 2005; Ord. 2344 § 1, 2009)" }, { "guid": "44638049", "number": "§ 19.04.100", "title": "Marijuana businesses.", "text": "Every person engaged in a marijuana business shall pay an annual business license tax as follows:(a) Ten percent of each dollar of gross receipts shall be due to the city for the reporting period.(b) Notwithstanding the tax rate imposed in subsection (a), the city council may, in its discretion, at any time by resolution implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rate established under subsection (a).(c) For purposes of this section, the following terms have the following meanings:\"Gross receipts\"has the meaning as defined in Section 19.01.010, as it pertains to the marijuana business' reporting period, and includes receipts from the sale of marijuana and from the sale of paraphernalia used for consuming marijuana and any other products, goods, or services sold or provided by the marijuana business.\"Marijuana\"has the same meaning as \"Cannabis\" as defined in California Business and Professions Code Section 19300.5(f).\"Marijuana business\"means a business activity including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, providing, or selling wholesale and/or retail sales of marijuana. A marijuana business includes any facility, building, structure or location, whether fixed, mobile, permanent or temporary, but excluding dispensaries that only provide medical marijuana for medical purposes.\"Reporting period\"means a year, quarter or calendar month, as determined by the administrator.(d) The purpose of this tax is to raise revenue to fund general municipal services.(e) No payment of any tax required under this section shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this section implies or authorizes that any activity connected with the cultivation, possession or provision of marijuana is legal unless otherwise authorized and allowed by the State of California and permitted by the city. This section is in addition to any other requirements set forth in this chapter and is not intended to exempt, substitute, or replace any other requirements necessary for a marijuana business to legally operate in the city.", "history": "(Ord. 2469 § 2, 2016)" } ] }, { "guid": "44638059", "title": "ENFORCEMENT", "number": "19.05", "url": "https://ecode360.com/44638059", "sha256": "f326eb3b5612bbd8e086c686b669d1c91e15ce945dd209f35843faec5ae29708", "exportedArticleSha256": "bd404e9fd1f3f9e383e06945d3a7cf0cf31379289b46f282068de32ab6c9acd5", "sections": [ { "guid": "44638060", "number": "§ 19.05.010", "title": "Generally.", "text": "It shall be the duty of the collector to enforce each and all of the provisions of this chapter, and the police chief shall render such assistance in the enforcement hereof as may from time to time be required by the collector.In the exercise of the duties imposed hereunder, the collector and duly authorized assistants may examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter are being followed.", "history": "(Ord. 872 § 1)" }, { "guid": "44638061", "number": "§ 19.05.020", "title": "Rules and regulations.", "text": "The collector may make rules and regulations, not inconsistent with the provisions of this chapter, as may be necessary or desirable to aid in the enforcement of the provisions of this chapter.", "history": "(Ord. 872 § 1)" }, { "guid": "44638062", "number": "§ 19.05.030", "title": "Evidence of liability.", "text": "In any action brought under or arising out of any of the provisions of this chapter or of any ordinance imposing a business license tax, the fact that a party thereto represented him or herself as engaged in any business or calling for the transaction of which a license is required, or that such party exhibited a sign indicating such business or calling shall be conclusive evidence of the liability of such party to pay for a license for such business.", "history": "(Ord. 872 § 1)" }, { "guid": "44638063", "number": "§ 19.05.040", "title": "License tax a debt.", "text": "The amount of any business license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. Any person carrying on any business, without first having procured a license from the city so to do, shall be liable to an action by the city in any court of competent jurisdiction for the amount of the business license tax and penalties imposed on such business.", "history": "(Ord. 872 § 1)" }, { "guid": "44638064", "number": "§ 19.05.050", "title": "Remedies cumulative.", "text": "All remedies prescribed hereunder shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing this chapter.", "history": "(Ord. 872 § 1)" }, { "guid": "44638065", "number": "§ 19.05.060", "title": "Penalty for violation.", "text": "Any person violating any of the provisions of this chapter, or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the license or permit herein provided for shall be deemed guilty of an infraction and, upon determination of violation thereof, shall be punished as prescribed by law.", "history": "(Ord. 872 § 1)" }, { "guid": "44638066", "number": "§ 19.05.070", "title": "Effect of chapter on past actions—Unexpired licenses.", "text": "Neither the adoption of the ordinance codified in this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance in effect prior to April 15, 1977, the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance or code section to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.Any person who on April 15, 1977, the effective date of the ordinance codified in this chapter, has a valid unexpired license for any business, which license was issued by the city under the provisions of any ordinance heretofore enacted, shall not be required to pay the business license tax prescribed for such business by this chapter until the expiration of the term of such unexpired license.", "history": "(Ord. 872 § 1)" } ] }, { "guid": "44638101", "title": "IN GENERAL", "number": "20.01", "url": "https://ecode360.com/44638101", "sha256": "1c6b5c0219fcf481273b8adde5bad3396bc2063be1d4de5017a4f15f5599371a", "exportedArticleSha256": "6347c28c6d88be1cf26eda95da360db3163af26938a76c473d9fffd0896ec80f", "sections": [ { "guid": "44638102", "number": "§ 20.01.010", "title": "Police chief to receive property and money.", "text": "(a) It shall be the duty of every officer and employee of the city who shall find any property in or upon any public street, sidewalk, public building or other public property or grounds in the city, which appears to be lost to deliver the same to the police chief immediately upon the finding thereof.(b) Any person who finds a lost item of personal property, including any money, goods, things in action, or other personal property, is not bound to take charge of it, but if such person does take charge of it, that person shall, within a reasonable time, inform the owner, if known, and restore the property to the owner in compliance with Section 2080 of the California Civil Code. If the owner is unknown or has not claimed the property within a reasonable time, the finder shall turn the property over to the police department of the city in compliance with Section 2080.1 of the California Civil Code.(c) The police department shall comply with Sections 2080 through 2080.6 of the California Civil Code in the care and disposition of the lost property.", "history": "(Code 1964 § 9-2.01; Ord. 1566 § 1; Ord. 2634 § 12, 2022)" }, { "guid": "44638106", "number": "§ 20.01.020", "title": "Safekeeping for three months.", "text": "Property and money received as provided by Section 20.01.010 shall be stored in a safe place for a period of three months unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, and shall be subject to disposal as provided in this chapter.", "history": "(Code 1964 § 9-2.02; Ord. 1566 § 2; Ord. 2634 § 12, 2022)" }, { "guid": "44638107", "number": "§ 20.01.030", "title": "Redemption—Charges.", "text": "During the time period specified in Section 2080.4 of the California Civil Code, such property may be redeemed by the true owner upon proof of ownership satisfactory to the police chief or their designee, and provided such true owner pays for the reasonable costs incurred by the department, which shall not exceed ten percent of the value of the property or the amount of money, for the storage and care of the property. If ownership cannot be determined to the satisfaction of the police chief, the police chief may refuse to deliver such property to anyone until ordered to do so by a court having jurisdiction.", "history": "(Code 1964 § 9-2.03; Ord. 435 § 1; Ord. 1566 § 3; Ord. 2634 § 12, 2022)" }, { "guid": "44638108", "number": "§ 20.01.040", "title": "Disposition of property unclaimed by owner.", "text": "If, after the expiration of the time period specified in Section 2080.4 of the California Civil Code, the owner fails to redeem the property, or if the owner fails to pay the police department's reasonable costs in the storage and care of the property as required by Section 20.01.020, above, the police chief shall cause such property to be either sold at public auction or retained for a public use; provided, however, that if the property shall consist of lost and unclaimed bicycles or toys, the purchasing agent may cause such property to be donated to one or more nonprofit tax-exempt charitable organizations which agree, in writing, to donate such property in turn to needy children of the city or county; and provided further, that if the property shall consist of money, it shall be deposited in the general fund of the city.Upon the transfer of such property, the owner of such property shall not thereafter be entitled to redeem the property.", "history": "(Code 1964 §§ 9-2.04—9-2.09; Ord. 1566 §§ 4—9; Ord. 2340 § 39, 2012; Ord. 2634 § 12, 2022)" }, { "guid": "44638109", "number": "§ 20.01.050", "title": "Proceeds of the auction.", "text": "Proceeds of property sold at public auction. After the auction is completed, the city's purchasing agent shall deliver the proceeds of the auction to the city's finance director for deposit in the general fund of the city. No officers or employees of the city or their immediate family may bid on any property advertised and offered for sale at public auction.", "history": "(Ord. 1566 § 10; Ord. 2634 § 12, 2022)" }, { "guid": "44638110", "number": "§ 20.01.060", "title": "Property not sold at auction.", "text": "Any property advertised and offered for sale but not sold, and not suitable for appropriation to the use of the city, shall be deemed to be of no value, and shall be disposed of in a manner as may be determined by the police chief. No such items shall be given or sold to employees of the city or their relatives.", "history": "(Ord. 1566 § 11; Ord. 2634 § 12, 2022)" }, { "guid": "44638111", "number": "§ 20.01.070", "title": "Dangerous or perishable property.", "text": "Any property coming into the possession of the police chief which is determined to be dangerous or perishable may be disposed of immediately, without notice, in such a manner as the police chief determines to be in the public interest.", "history": "(Ord. 1566 § 12; Ord. 2634 § 12, 2022)" }, { "guid": "44638112", "number": "§ 20.01.080", "title": "Exceptions to application of chapter.", "text": "The provisions of this chapter shall not apply to the following types of property:(a) Property subject to confiscation under the laws of the United States or the State of California.(b) Property held as evidence by the police department, which shall be governed by California Penal Code Sections 1407 through 1417.9, inclusive.(c) Intentionally abandoned property.", "history": "(Ord. 2634 § 12, 2022)" } ] }, { "guid": "44638117", "title": "GENERAL PROVISIONS", "number": "21.01", "url": "https://ecode360.com/44638117", "sha256": "2344f6f88b9e6498ffbdc8e7eea3d61d66c6f0e3b0de1612b9232836de751f4f", "exportedArticleSha256": "a7de83441f2ae338bc3ec4068950df26141b83f5b9867285a9b8c5804dacbc6c", "sections": [ { "guid": "44638118", "number": "§ 21.01.010", "title": "Purpose and intent.", "text": "It is the purpose and intent of the city council to regulate cannabis businesses consistent with state law and to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with a qualified patient's right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under state law. Cannabis businesses shall comply with all provisions of the Davis Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis businesses. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638119", "number": "§ 21.01.020", "title": "Definitions.", "text": "As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:Cannabismeans all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including cannabis products derived therefrom. For purposes of this chapter, \"cannabis\" shall mean and include both cannabis for medical purposes and non-medical cannabis, unless otherwise specified. Cannabis shall not include industrial hemp.Cannabis businessmeans a business activity including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building, structure or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by state law.Cannabis business permitmeans any license issued to a cannabis business pursuant to the provisions of this chapter.City managermeans the city manager and designee.Conditional use permitmeans any conditional use permit, including administrative use permits, issued by the city pursuant to the Zoning Code related to the operation of a commercial cannabis business.Drug paraphernaliashall have the same definition as set forth in California Health and Safety Code Section 11364.5.Interested partiesmeans any of the following:(1) Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of twenty percent or more in the commercial cannabis business;(2) Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least twenty percent of the cannabis business or that is one of the partners in the cannabis business;(3) The manager(s) of the cannabis business; and(4) The staff of the cannabis business.Juvenilemeans any natural person who is under the age of eighteen years.Managermeans a person with responsibility for the establishment, registration, supervision, or oversight of the operation of a cannabis business, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the cannabis business.Medical cannabismeans cannabis used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5 et seq.) and the Medical Cannabis Program Act (California Health and Safety Code Section 11362.7 et seq.), as they may be amended from time to time.Physicianmeans a licensed medical doctor as defined in California Business and Professions Code Section 4039.Police chiefshall mean the City of Davis chief of police and designee.Primary caregivershall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.Private medical recordsmeans records related to the medical history of a qualified patient and includes the recommendation of a physician for the medical use of medical cannabis and the designation of a primary caregiver by a qualified patient.Qualified patientshall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.Staffmeans a person other than a manager who works or provides services on the site of a cannabis business, whether as an employee, contractor, or volunteer.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638140", "number": "§ 21.01.030", "title": "All state and local licenses required.", "text": "(a) No cannabis business shall operate unless it is in possession of all applicable state and local licenses or permits. A cannabis business subject to state licensing under the Medical Cannabis Regulation and Safety Act, California Business and Professions Code Section 19300 et seq., that is operating in compliance with this chapter and other state and local requirements on or before January 1, 2018, may continue its operations after January 1, 2018 provided that it timely applies for and its application for licensure is approved by the state, subject to the requirements of California Business and Professions Code Section 19321(b), as may be amended. If a cannabis business operating in the city on or before January 1, 2018 fails to timely apply for a license by the deadline established by the applicable state licensing authority, or its application for licensure is denied, the cannabis business shall cease all operations of the cannabis business until a valid state license is obtained, in addition to any other state and local requirements that may apply.(b) Every cannabis business shall submit to the police chief a copy of any and all of its state and local licenses and permits required for its operation.(c) If any other applicable state or local license or permit required for a cannabis business's operation is denied, suspended, modified, revoked, or expired, the cannabis business shall notify the police chief in writing within ten days.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638144", "number": "§ 21.01.040", "title": "Payment of taxes.", "text": "In addition to any fees established and imposed pursuant to this chapter, all cannabis businesses are required to pay all applicable taxes, including the marijuana business license tax imposed by Section 19.04.100 of the Davis Municipal Code, as applicable.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638145", "number": "§ 21.01.050", "title": "Cannabis transfer between permitted businesses only.", "text": "A cannabis business shall not transfer cannabis or cannabis products to or from another cannabis business, unless both businesses are in possession of all required state and local licenses and permits.", "history": "" }, { "guid": "44638146", "number": "§ 21.01.060", "title": "Permits not transferable.", "text": "Cannabis business permits issued pursuant to this chapter are not property and have no value. Cannabis business permits may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business permit shall be unlawful and void, and shall automatically revoke the permit.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638147", "number": "§ 21.01.070", "title": "Service of notices.", "text": "All notices required by this chapter shall be deemed issued and served upon the date they are either deposited in the United States mail, postage pre-paid, addressed to the applicant or cannabis business at the mailing address identified in its application, the last updated address on file with the police chief, or the mailing address on the appeal form; or the date upon which personal service of the notice is provided to the applicant or a manager identified on the application or appeal form.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638148", "number": "§ 21.01.080", "title": "Inspection authority.", "text": "(a) The police chief may enter and inspect the site of a cannabis business at any reasonable time to ensure compliance and enforcement of the provisions of this chapter.(b) The police chief and city manager may inspect and demand copies of records maintained by the cannabis business, except for private medical records, which shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.(c) No person shall refuse, impede, obstruct, or interfere with a lawful inspection performed pursuant to this chapter.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638152", "number": "§ 21.01.090", "title": "Violations.", "text": "(a) Any person who violates the provisions of this chapter shall be subject to a fine of up to one thousand dollars for each day the violation continues.(b) In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Article 1.02 of this Code.(c) Violations of this chapter are hereby declared to be public nuisances.(d) All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other available remedy for the purpose of enforcing the provisions hereof.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638157", "number": "§ 21.01.100", "title": "Severability.", "text": "If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.", "history": "(Ord. 2509 § 2, 2017)" } ] }, { "guid": "44638158", "title": "NOTICE AND APPEAL PROCESS FOR CANNABIS BUSINESS PERMITS", "number": "21.02", "url": "https://ecode360.com/44638158", "sha256": "98a13d9e68359680ea7107159180bb5447e11b395f7f943ce9cdb9aaaca909c2", "exportedArticleSha256": "6bcc2a4bc726c89d2578028a234aa9e98488fa27b98ee9a8706b5a4af1d2344a", "sections": [ { "guid": "44638159", "number": "§ 21.02.010", "title": "Appeals.", "text": "(a) Any applicant or permittee aggrieved by a decision of the police chief in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in this article.(b) Any applicant or permittee who desires to appeal a decision of the police chief, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:(1) A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;(2) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;(3) The signatures of all parties named as appellants and their official mailing addresses; and(4) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.(c) Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.(d) Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.(e) Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.(f) Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.(g) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.(h) In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct the cannabis business during the pendency of any appeal.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638172", "number": "§ 21.02.020", "title": "Hearings—Generally.", "text": "(a) At the time set for hearing, the hearing officer shall proceed to hear the testimony of the police chief, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.(b) The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.(c) The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.(d) In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638177", "number": "§ 21.02.030", "title": "Conduct of hearing.", "text": "(a) Hearings need not be conducted according to the technical rules relating to evidence and witnesses.(b) Oral evidence shall be taken only upon oath or affirmation.(c) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.(d) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.(e) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.(f) Each party shall have these rights, among others:(1) To call and examine witnesses on any matter relevant to the issues of the hearing;(2) To introduce documentary and physical evidence;(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;(4) To impeach any witness regardless of which party first called the witness to testify;(5) To rebut the evidence presented against the party; and(6) To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.(g) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638191", "number": "§ 21.02.040", "title": "Form, contents, finality of decision.", "text": "(a) If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the police chief's decision to deny, suspend, modify, revoke or condition the permit.(b) Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the police chief's determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.(c) The city manager's determination of the appeal shall be final.(d) The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.(e) The decision shall be final when signed by the city manager and served as provided in this section.", "history": "(Ord. 2509 § 2, 2017)" } ] }, { "guid": "44638197", "title": "CANNABIS MANUFACTURING, LABORATORIES, RESEARCH AND DISTRIBUTION BUSINESSES", "number": "21.03", "url": "https://ecode360.com/44638197", "sha256": "6ad5dbcad2ec35d5e1463218b2f2c1ecd793f5903679a247982f63de8d8794b1", "exportedArticleSha256": "ecfb148a804da0f101e59f76f982274d29a3a073c6c99b5a69bbcfff733a6a13", "sections": [ { "guid": "44638198", "number": "§ 21.03.010", "title": "Definitions and scope.", "text": "(a) This article applies to cannabis manufacturing businesses, cannabis laboratories and research, and cannabis distribution facilities, as those businesses are defined and regulated by Article 40.26B of the Zoning Code.(b) For purposes of this article, any cannabis manufacturing business, cannabis laboratory and research facility, or cannabis distribution facility, as defined and regulated by Article 40.26B of the Zoning Code, shall be referred to as a \"non-retail cannabis business.\"", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638201", "number": "§ 21.03.020", "title": "Non-retail cannabis business permit required.", "text": "No person shall operate a non-retail cannabis business without obtaining a valid non-retail cannabis business permit issued pursuant to this article.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638202", "number": "§ 21.03.030", "title": "Non-retail cannabis business permit program fee.", "text": "The non-retail cannabis manufacturing permit program fee is hereby established and imposed. The city council shall establish by resolution the amount of the non-retail cannabis permit program fee, and any related penalties.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638203", "number": "§ 21.03.040", "title": "Applications for non-retail cannabis business permit.", "text": "(a) A person may apply for a non-retail cannabis business permit, or a permit renewal, by filing an application with the police chief. The application shall be on a form approved by the police chief and may require any information or documentation consistent with the provisions of this code and state law, including the following:(1) Applicant.(A) A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.(B) The phone number and address to which notice of action on the application and correspondence is to be mailed.(2) Interested Parties.(A) The name, address, telephone number, title, and function of each of the interested parties in the cannabis business.(B) For each of the interested parties identified pursuant to subsection (2)(A):(i) A legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.(ii) A list of his or her misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.(iii) Consent to fingerprinting and a criminal background investigation.(3) Non-Retail Cannabis Business Site.(A) Description. A general description of the proposed non-retail cannabis business site, including the street address, parcel number, total square footage of the site, and the characteristics of the surrounding area.(B) Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and manufacturing, laboratory and research, or distribution areas, as applicable. The floor plan must be professionally prepared by a licensed civil engineer or architect.(C) Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.(D) Compliance with the Zoning Code. A copy of a valid conditional use permit approved by the city for the proposed location, as may be applicable.(E) Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis business, specifying the street address and parcel number.(4) Security.(A) Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan must be prepared by a qualified professional.(B) Lighting Plan. A lighting plan showing existing and proposed exterior and interior lights that will provide adequate security lighting for the use.(5) Odor Control. A detailed ventilation plan describing the air treatment system, or other methods that will be implemented to prevent offensive odors generated from the manufacturing, testing and/or storage of cannabis from being detected outside the buildings on the manufacturing site.(6) Business Operations.(A) Business Plan. A plan describing how the non-retail cannabis business will operate in accordance with this code, state law, and other applicable regulations. The business plan must include plans for hours of operation, handling cash and transporting cannabis and cannabis products to and from the business site, as may be applicable.(B) Community Relations Plan. A plan describing who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted. The community relations plan must include a description of the community benefit the business will provide, or proposes to provide, to the surrounding community.(C) Neighborhood Responsibility Plan. The neighborhood responsibility plan must address any potential effects of the non-retail cannabis business on the surrounding neighborhood area.(D) State Licenses. Copies of the applicant's state licenses relating to cannabis, as required by state law. If the applicant applies for a non-retail cannabis business permit prior to the state issuing the appropriate licenses, the applicant shall specify which state license(s) will be obtained once the state begins issuing licenses.(E) Tax Compliance. A current copy of the applicant's city business license tax certificate, state sales tax seller's permit, and the applicant's most recent year's financial statement and tax returns, as may be applicable.(F) Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis manufacturing business.(G) Budget. A copy of the applicant's most recent annual budget for operations.(H) Price List. A list of the most recent prices for all products and services provided by the applicant.(7) City Authorization. Authorization and consent for the police chief to seek verification of the information contained within the application.(8) Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.(9) Indemnification. An agreement, in a form approved by the city attorney, whereby the applicant:(A) Releases the city, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter or any provision of the Zoning Code relating to the non-retail cannabis business, and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of state or federal laws; and(B) Defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the manufacturing site, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis or cannabis products at the business site.(b) Every application for a non-retail cannabis business permit shall be accompanied by a nonrefundable non-retail cannabis business permit program fee.(c) No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a cannabis manufacturing permit.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638240", "number": "§ 21.03.050", "title": "Application process.", "text": "The police chief is authorized to establish procedures and guidelines to process non-retail cannabis business permit applications.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638241", "number": "§ 21.03.060", "title": "Denial of a non-retail cannabis business permit.", "text": "(a) The police chief may deny a non-retail cannabis business permit if the police chief determines that one or more of the following circumstances exist:(1) The application received is incomplete, filed late, or not responsive to the requirements of this article;(2) The application contains a false or misleading statement or omission of a material fact;(3) The operation of the business site described in the application fails to comply with any of the requirements in this code, state law, or any other regulation;(4) The applicant or any of its managers has any unpaid and overdue administrative penalties imposed for violations of this chapter;(5) Within twelve months of the date of application, either the applicant has had a state or local cannabis-related land use or business permit revoked; or any of its managers were associated with a cannabis business that had its cannabis-related permit(s) revoked; or(6) Operation of the proposed non-retail cannabis business site, as represented in the application, is a threat to the public health, safety, or welfare.(b) The denial of a non-retail cannabis business permit is subject to and shall comply with Article 21.02.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638250", "number": "§ 21.03.070", "title": "Terms of non-retail cannabis business permit.", "text": "(a) A non-retail cannabis business permit issued pursuant to this article is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.(b) A non-retail cannabis business permit is valid for only one non-retail cannabis business site.(c) A non-retail cannabis business permittee shall not allow cannabis or cannabis products on the business site to be visible from the public right-of-way, the unsecured areas surrounding the building(s) on the site, or the site's main entrance and lobby.(d) The permittee shall notify the police chief of any change in the information provided on the application to obtain the non-retail cannabis business permit within thirty days of the change.(e) Conditions placed on the conditional use permit issued under the Zoning Code are also conditions of the non-retail cannabis business permit. Any violation of the conditions of the conditional use permit is grounds for suspending or revoking the non-retail cannabis business permit.(f) The police chief may impose additional conditions on the non-retail cannabis business permit, including the maximum amount of cannabis and cannabis products allowed on the site, number and types of equipment allowed, and security features.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638257", "number": "§ 21.03.080", "title": "Renewal.", "text": "(a) A permittee may apply for non-retail cannabis business permit renewal by submitting to the police chief at least thirty calendar days before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 21.03.040.(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.(c) The police chief shall either approve or deny the renewal of a permit within thirty calendar days of receipt of the complete application. The police chief may extend the time for consideration of the application for up to an additional twenty-one calendar days upon written notice to the applicant. The failure of the police chief to timely act shall constitute approval of the renewal of the permit.(d) The police chief shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 21.03.040, and that no permittee or interested party of the cannabis business has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding permit term.(e) Notwithstanding an approval for a permit renewal, the police chief may add, delete or modify the permit conditions using the criteria set forth in Section 21.03.070.(f) A permit renewed pursuant to this section may be extended for up to two additional years.(g) The renewal application shall be on a form approved by the police chief. The police chief is authorized to establish procedures and guidelines to process non-retail cannabis business permit renewal applications.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638265", "number": "§ 21.03.090", "title": "Suspending, modifying, or revoking a permit.", "text": "(a) The police chief may suspend, modify, or revoke a non-retail cannabis business permit issued pursuant to the provisions of this article for any of the following reasons:(1) One or more of the circumstances upon which a non-retail cannabis business permit could be denied, as described in Section 21.03.060, exists or has occurred;(2) One or more conditions of the non-retail cannabis business permit has been violated; or(3) The permittee, its managers or interested parties have violated any provision of this chapter.(b) The suspension, modification, or revocation of a non-retail cannabis business permit shall comply with Article 21.02.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638271", "number": "§ 21.03.100", "title": "Emergency contact manager.", "text": "A non-retail cannabis business permittee shall provide the police chief with the current name and primary and secondary telephone numbers of at least one twenty-four-hour on-call manager to address and resolve complaints and to respond to emergency operating problems or concerns associated with the non-retail cannabis business.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638272", "number": "§ 21.03.110", "title": "Non-retail cannabis business site buildings.", "text": "A non-retail cannabis business site shall comply with the following requirements:(a) Entrances. All entrances into the buildings on the business site shall be locked at all times with entry controlled by the cannabis business permittee's managers and staff.(b) Main entrance and lobby. The business site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the manufacturing, testing, and/or distribution areas.(c) All manufacturing areas in any building on the business site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis business permittee.(d) Transport area. Each building with a manufacturing area shall have an area designed for the secure transfer of cannabis from a vehicle to the manufacturing area.(e) Storage area. Each building that will be used for storing cannabis or cannabis products shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis manufacturing permittee.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638278", "number": "§ 21.03.120", "title": "Non-retail cannabis business site security.", "text": "A non-retail cannabis business site shall comply with the following security requirements:(a) A non-retail cannabis business permittee shall comply with the security plan that is approved by police chief, which plan may include building specifications, lighting, alarms, and state-licensed security personnel.(b) Each security plan approved by the police chief must include the following:(1) Security Surveillance Cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the manufacturing site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the manufacturing site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.(2) Security Video Recording and Retention. Video from the security surveillance cameras must be recording at all times (twenty-four hours a day, seven days a week) and the recording shall be maintained for at least thirty days. The video recordings shall be made available to the city upon request.(3) Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm.(4) A permittee shall report to the city police department all criminal activity occurring on the business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638285", "number": "§ 21.03.130", "title": "Display of non-retail cannabis business permit.", "text": "The non-retail cannabis business permittee shall display its current valid non-retail cannabis business permit issued in accordance with this article inside the lobby or waiting area of the main entrance to the business. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638286", "number": "§ 21.03.140", "title": "Signs.", "text": "(a) A non-retail cannabis business permittee shall post in the lobby of the business site signs that state the following:(1) \"This site is not open to the public.\"(2) \"Retail sales of any goods and services is prohibited.\"(3) \"Juveniles are prohibited from entering this site.\"(4) \"Smoking, ingesting, or consuming cannabis on this site is prohibited.\"(b) Each sign described in subsection (a) must be at least eight inches by ten inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638293", "number": "§ 21.03.150", "title": "Site restricted.", "text": "(a) No non-retail cannabis business permittee shall open his or her cannabis business site to the public.(b) No non-retail cannabis business permittee shall allow anyone on the cannabis business site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as city officials, contractors, inspectors, and cannabis transporters.(c) A manager must be on the cannabis business site at all times that any other person, except for security guards, is on the site.(d) Any person other than managers or staff who are on the cannabis business site must sign in, wear a visitor badge, and be escorted on the site by a manager at all times.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638298", "number": "§ 21.03.160", "title": "Juveniles prohibited.", "text": "(a) No juvenile shall be on the cannabis business site or operate a non-retail cannabis business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.(b) No permittee shall allow any violation of subsection (a).", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638301", "number": "§ 21.03.170", "title": "Retail sales prohibited.", "text": "No person shall conduct or permit to be conducted any retail sales of any good or services on or from a permitted non-retail cannabis business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638302", "number": "§ 21.03.180", "title": "Cannabis consumption prohibited.", "text": "No person, including managers, employees and visitors, shall smoke, ingest, or otherwise consume cannabis in any form on or within the non-retail cannabis business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638303", "number": "§ 21.03.190", "title": "Alcohol prohibited.", "text": "No person shall possess, consume, or store any alcoholic beverage on the cannabis business site.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638304", "number": "§ 21.03.200", "title": "Maintenance of records.", "text": "(a) A non-retail cannabis business shall maintain the following records in printed format for at least three years on the business site and shall produce them to the city within twenty-four hours after receipt of the city's request:(1) The name, address, and telephone numbers of the owner and landlord of the property.(2) The name, date of birth, address, and telephone number of each manager and staff of the cannabis business; the date each was hired; and the nature of each manager's and staff's participation in the cannabis business.(3) A written accounting of all income and expenditures of the cannabis business, including, but not limited to, cash and in-kind transactions.(4) A copy of the cannabis business's commercial general liability insurance policy and all other insurance policies related to the operation of the business.(5) A copy of the cannabis business's most recent year's financial statement and tax return.(6) An inventory record documenting the dates and amounts of cannabis and cannabis products received at the business site, the daily amounts of cannabis and cannabis products stored on the site, and the daily amounts of cannabis and cannabis products transported from the site.(b) A non-retail cannabis business shall report any loss, damage, or destruction of these records to the city manager within twenty-four hours of the loss, damage, or destruction.", "history": "(Ord. 2509 § 2, 2017)" }, { "guid": "44638313", "number": "§ 21.03.210", "title": "Site management.", "text": "(a) The non-retail cannabis business permittee shall prevent and eliminate conditions on the cannabis business site that constitute a nuisance.(b) The permittee shall properly store and dispose of all waste generated on the cannabis business site, including chemical and organic waste, in accordance with all applicable laws and regulations.", "history": "(Ord. 2509 § 2, 2017)" } ] }, { "guid": "44638316", "title": "RETAIL CANNABIS BUSINESSES", "number": "21.04", "url": "https://ecode360.com/44638316", "sha256": "1a13025bf9d0950bcfcfe46ba23cae1294cf1a18943e0c197e7b511d28799eff", "exportedArticleSha256": "07baacb0c9d18d5e493c4ff0724a884a50310191e3050a93b5237dca0777c783", "sections": [ { "guid": "44638317", "number": "§ 21.04.010", "title": "Definitions and scope.", "text": "(a) This article applies to cannabis retailers, as those businesses are defined and regulated by Article 40.26B of the Zoning Code.(b) This article applies to any cannabis retailer operating from a physical premises located in the city, regardless of whether the cannabis retailer sells medical or adult-use cannabis or performs sales exclusively by delivery. For purposes of this article, a cannabis retailer shall be referred to as a \"retail cannabis business.\"", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638320", "number": "§ 21.04.020", "title": "Retail cannabis business permit required.", "text": "No person shall operate a retail cannabis business without obtaining a valid retail cannabis business permit issued pursuant to this article.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638321", "number": "§ 21.04.030", "title": "Retail cannabis business permit program fee.", "text": "The retail cannabis business permit program fee is hereby established and imposed. The city council shall establish by resolution the amount of the retail cannabis permit program fees, and any related penalties.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638322", "number": "§ 21.04.040", "title": "Applications for retail cannabis business permit.", "text": "(a) A person may apply for a retail cannabis business permit, or a permit renewal, by filing an application with the police chief. The application shall be on a form approved by the police chief and may require any information or documentation consistent with the provisions of this code and state law, including the following:(1) Applicant.(A) A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, bylaws, fictitious business name statement, or other documents that adequately reflect the legal and ownership status of the entity.(B) The phone number and address to which notice of action on the application and correspondence is to be mailed.(2) Interested Parties.(A) The name, address, telephone number, title, and function of each of the interested parties in the cannabis business.(B) For each of the interested parties identified pursuant to subsection (2)(A):i. A legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.ii. A list of his or her misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.iii. Consent to fingerprinting and a criminal background investigation.(3) Retail Cannabis Business Site.(A) Description. A general description of the proposed retail cannabis business site, including the street address, parcel number, total square footage of the site, and the characteristics of the surrounding area.(B) Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, cannabis storage areas and customer-access areas, as applicable.(C) Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries.(D) Compliance with the Zoning Code. A copy of a valid conditional use permit approved by the city for the proposed location. If the applicant pursues simultaneous land use and business permit application approvals, submission of a retail cannabis business permit application prior to obtaining a valid use permit shall be at the applicant's sole risk.(E) Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a retail cannabis business, specifying the street address and parcel number.(4) Security.(A) Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan should be reasonably designed to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products from the premises. The security plan must be prepared by a qualified professional. Additionally, the security plan shall address the following:i. Designated limited access areas, as required by this article and state law, that are accessible only by authorized personnel, and the measures that will be taken to ensure the security of such areas.ii. The security features that will be present at the premises, such as locks, safes, vaults, alarms and security cameras, designed to prevent diversion, theft, and loss of cannabis, cannabis products, or other goods and money.iii. Detailed procedures to ensure the safe storage, handling, transfer and transport of cash.(B) Lighting Plan. A lighting plan showing existing and proposed exterior and interior lights that will provide adequate security lighting for the use.(5) Odor Control. A detailed ventilation plan describing the air treatment system, or other methods that will be implemented to prevent offensive odors from being detected outside the building.(6) Business Operations.(A) Business Plan. A plan describing how the retail cannabis business will operate in accordance with this code, state law, and other applicable regulations. The business plan must include the following:i. Hours of operation;ii. Whether the business intends to sell medical or adult-use cannabis;iii. Whether the business intends to conduct delivery retail services and, if so, a plan for conducting the deliveries in accordance with this article and state law.(B) Community Relations Plan. A plan describing who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted.(C) Community Benefits. The applicant must include a description of the community benefit the business will provide, or proposes to provide, to the surrounding community. If a community benefit proposal has already been considered and approved as part of the applicant's use permit, the community benefit plan approved for the use permit shall satisfy this requirement.(D) Neighborhood Responsibility Plan. The neighborhood responsibility plan must address any potential effects of the retail cannabis business on the surrounding neighborhood area.(E) State Licenses. Copies of the applicant's state licenses relating to cannabis, as required by state law. If the applicant applies for a retail cannabis business permit prior to the state issuing the appropriate licenses, the applicant shall specify which state license(s) will be obtained once the state begins issuing licenses.(F) Tax Compliance. A current copy of the applicant's city business license tax certificate, state sales tax seller's permit, and the applicant's most recent year's financial statement and tax returns, as may be applicable.(G) Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.(H) Budget. A copy of the applicant's most recent annual budget for operations.(I) Price List. A list of the most recent prices for all products and services provided by the applicant.(7) City Authorization. Authorization and consent for the police chief to seek verification of the information contained within the application.(8) Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.(9) Indemnification. An agreement, on a form approved by the city attorney, whereby the applicant:(A) Releases the city, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter or any provision of the Zoning Code relating to the retail cannabis business, and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of state or federal laws; and(B) Defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the retail business site, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis or cannabis products at the business site.(b) Every application for a retail cannabis business permit shall be accompanied by a nonrefundable retail cannabis business permit program fee.(c) No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a retail cannabis business permit.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638366", "number": "§ 21.04.050", "title": "Application process.", "text": "The police chief, in consultation with the city manager and community development and sustainability director or his or her designee, is authorized to establish procedures and guidelines to process retail cannabis business permit applications.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638367", "number": "§ 21.04.060", "title": "Denial of a retail cannabis business permit.", "text": "(a) The police chief may deny a retail cannabis business permit if the police chief determines that one or more of the following circumstances exist:(1) The application received is incomplete, filed late, or not responsive to the requirements of this article;(2) The application contains a false or misleading statement or omission of a material fact;(3) The operation of the business site described in the application fails to comply with any of the requirements in this code, state law, or any other regulation;(4) The applicant or any of its managers has any unpaid and overdue administrative penalties imposed for violations of this chapter;(5) Within twelve months of the date of application, either the applicant has had a state or local cannabis-related land use or business permit revoked; or any of its managers were associated with a cannabis business that had its cannabis-related permit(s) revoked; or(6) Operation of the proposed retail cannabis business site, as represented in the application, is a threat to the public health, safety, or welfare.(b) The denial of a retail cannabis business permit is subject to and shall comply with Article 21.02.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638376", "number": "§ 21.04.070", "title": "Terms of retail cannabis business permit.", "text": "(a) A retail cannabis business permit issued pursuant to this article is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.(b) A retail cannabis business permit is valid for only one retail cannabis business site.(c) The permittee shall notify the police chief of any change in the information provided on the application to obtain the retail cannabis business permit within thirty days of the change.(d) Conditions placed on the conditional use permit issued under the Zoning Code are also conditions of the retail cannabis business permit. Any violation of the conditions of the conditional use permit is grounds for suspending or revoking the retail cannabis business permit.(e) The police chief may impose additional conditions on the retail cannabis business permit, including the maximum amount of cannabis and cannabis products allowed on the site, number and types of equipment allowed, and security features.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638382", "number": "§ 21.04.080", "title": "Renewal.", "text": "(a) A permittee may apply for retail cannabis business permit renewal by submitting to the police chief at least thirty calendar days before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 21.04.040.(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.(c) The police chief shall either approve or deny the renewal of a permit within thirty calendar days of receipt of the complete application. The police chief may extend the time for consideration of the application for up to an additional twenty-one calendar days upon written notice to the applicant. The failure of the police chief to timely act shall constitute approval of the renewal of the permit.(d) The police chief shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 21.04.040, and that no permittee or interested party of the cannabis business has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding permit term.(e) Notwithstanding an approval for a permit renewal, the police chief may add, delete or modify the permit conditions using the criteria set forth in Section 21.04.070.(f) A permit renewed pursuant to this section may be extended for up to two additional years.(g) The renewal application shall be on a form approved by the police chief. The police chief, in consultation with the city manager and community development and sustainability director or his/her designee, is authorized to establish procedures and guidelines to process retail cannabis business permit renewal applications.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638390", "number": "§ 21.04.090", "title": "Suspending, modifying, or revoking a permit.", "text": "(a) The police chief may suspend, modify, or revoke a retail cannabis business permit issued pursuant to the provisions of this article for any of the following reasons:(1) One or more of the circumstances upon which a retail cannabis business permit could be denied, as described in Section 21.04.060, exists or has occurred;(2) One or more conditions of the retail cannabis business permit has been violated; or(3) The permittee, its managers or interested parties have violated any provision of this chapter.(b) The suspension, modification, or revocation of a retail cannabis business permit shall comply with Article 21.02.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638396", "number": "§ 21.04.100", "title": "Emergency contact manager.", "text": "A retail cannabis business permittee shall provide the police chief with the current name and primary and secondary telephone numbers of at least one twenty-four hour on-call manager to address and resolve complaints and to respond to emergency operating problems or concerns associated with the retail cannabis business.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638397", "number": "§ 21.04.110", "title": "Retail cannabis business site requirements.", "text": "A retail cannabis business shall comply with the following site requirements:(a) Main entrance and lobby. The business site shall have a building with a main entrance that is clearly visible from the public street, sidewalk, or public parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the police chief to receive persons into the site and to verify whether they are allowed in the retail customer areas. All entrances into the buildings shall be secured at all times with entry controlled by the cannabis business permittee's managers and staff.(b) Transport area. If the business will conduct sales by delivery, each building shall have an area designed for the secure transfer of cannabis from the business to the delivery vehicle. Delivery drivers shall be accompanied by a security escort during the transfer of cannabis from the business to the delivery vehicle.(c) Storage area. Each building that will be used for storing cannabis or cannabis products shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the retail cannabis business.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638401", "number": "§ 21.04.120", "title": "Retail cannabis business security requirements.", "text": "A retail cannabis business shall comply with the following security requirements:(a) A retail cannabis business permittee shall comply with the security plan that is approved by police chief, which plan may include building specifications, lighting, alarms, and state-licensed security personnel.(b) Each security plan approved by the police chief must include the following:(1) Security Surveillance Cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the business site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the business site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.(2) Security Video Recording and Retention. Video from the security surveillance cameras must be recording at all times (twenty-four hours a day, seven days a week) and the recording shall be maintained for at least thirty days. The video recordings shall be made available to the city upon request.(3) Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm.(4) A permittee shall report to the city police department all criminal activity occurring on the business site.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638408", "number": "§ 21.04.130", "title": "Retail cannabis business operating requirements.", "text": "A retail cannabis business shall comply with the following operating requirements:(a) The maximum hours of operation shall be daily from nine a.m. to nine p.m., unless the police chief imposes more restrictive hours as a condition of the permit. A retail cannabis business conducting sales by deliveries shall not conduct any deliveries outside the applicable hours of operation of the business.(b) Retail customers shall only be permitted in designated retail customer areas of the cannabis business. Retail customer areas are those areas where limited quantities of cannabis and cannabis goods are sold and displayed for purchase. The retail cannabis business shall verify that persons entering the retail customer areas are authorized to purchase cannabis. Authorized retail customers mean the following:(1) For a retail cannabis business authorized to sell medical cannabis, an \"authorized retail customer\" means a medical cannabis patient who is at least eighteen years old and possesses a physician's recommendation in accordance with the Compassionate Use Act of 1996, Health and Safety Code Section 11362.5 et seq. Medical cannabis patients under the age of 18 shall be accompanied by a parent, legal guardian, or primary caregiver. Medical cannabis patients shall provide proof of a valid physician's recommendation and valid proof of identification.(2) For a retail cannabis business authorized to sell adult-use cannabis, an \"authorized retail customer\" means an individual that is at least twenty-one years of age. Every retail customer shall provide valid proof of identification demonstrating the age of the individual.(c) A retail cannabis business shall not allow or permit any person to smoke or ingest cannabis or cannabis products on the business site.(d) Other than retail customer areas, all other areas of the retail cannabis business shall be limited access areas restricted to managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as city officials, contractors, inspectors, and cannabis transporters.(e) The retail cannabis business shall prohibit loitering by persons outside the establishment, either on the premises or within fifty feet of the premises.(f) A manager must be on the cannabis business site at all times that any other person, except for security guards, is on the site. For purposes of this section, a \"manager\" shall mean and include the retail cannabis business permittee, owner, proprietor, manager, assistant manager, or other person exercising control over the operation of the cannabis business.(g) Employees of the retail cannabis business shall not smoke or consume cannabis or cannabis products on the business premises while working.(h) Cannabis consumption and possession may be prohibited under the laws, regulations and policies of local and state entities. In addition, both possession and consumption are forbidden by the federal government and could have negative impacts on immigration status and obtaining visas (or as modified by the city manager as appropriate due to changes in local, state or federal laws, regulations or policies).(i) A retail cannabis business shall comply with all signage, packaging, labeling, and advertising requirements imposed by state law.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638420", "number": "§ 21.04.140", "title": "Cannabis delivery services originating in city.", "text": "If a retail cannabis business in the city conducts any retail sales by delivery, the retail cannabis business shall comply with the following additional requirements:(a) The delivery services shall be conducted by employees of the retail cannabis business who are at least twenty-one years old. The retail cannabis business shall not use the services of an independent contractor or courier service to deliver cannabis for retail sale.(b) Every employee of the retail cannabis business engaging in delivery services shall maintain on his or her person a physical copy of the following when conducting a delivery:(1) The business's current valid retail cannabis business permit;(2) Valid driver's license;(3) Employer-provided badge containing the name and photo of the employee; and(4) Each customer's delivery request. The delivery request must identify the retail cannabis business, the customer's name and address, and the product(s) being delivered.(c) Cannabis may only be delivered in-person to the customer that made the delivery request, and shall not be left unattended or delivered to any other person. The delivery-employee shall verify the customer's age, identity, delivery request, and, if applicable, valid physician's recommendation prior to completing the delivery.(d) Cannabis may not be delivered to an address located on publicly-owned land or any address on land or in a building leased by a public agency.(e) All deliveries shall be conducted in an enclosed motor vehicle or other acceptable delivery method in compliance with state law, operated by the delivery employee or another delivery employee of the retail cannabis business.(f) Cannabis and cannabis products shall not be left unattended in a vehicle, except for brief periods as necessary to deliver cannabis to a customer. If cannabis and cannabis products are left unattended in a vehicle, the vehicle must remain locked and must be equipped with an active vehicle alarm system.(g) For purposes of this section, a delivery begins when an employee leaves the retail cannabis business premises with cannabis intended for delivery, and ends when the delivery employee returns to the retail cannabis business premises. When conducting deliveries, the employee shall only travel from the business premises to a delivery address, from one delivery address to another delivery address, or from a delivery address back to the business premises.(h) The police chief is authorized to establish permitted and preferred delivery routes applicable to retail cannabis businesses.(i) These regulations are intended to be the minimum requirements imposed by law, and shall not be construed to conflict with state law. Where state law provides more restrictive requirements for cannabis deliveries, state law controls.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638434", "number": "§ 21.04.150", "title": "Display of retail cannabis business permit.", "text": "The retail cannabis business permittee shall display its current valid retail cannabis business permit issued in accordance with this article inside the lobby or waiting area of the main entrance to the business. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the business site.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638435", "number": "§ 21.04.160", "title": "Maintenance of records.", "text": "(a) A retail cannabis business shall maintain the following records in printed format for at least three years on the business site and shall produce them to the city within twenty-four hours after receipt of the city's request:(1) The name, address, and telephone numbers of the owner and landlord of the property.(2) The name, date of birth, address, and telephone number of each manager and staff of the cannabis business; the date each was hired; and the nature of each manager's and staff's participation in the cannabis business.(3) A written accounting of all income and expenditures of the cannabis business, including, but not limited to, cash and in-kind transactions.(4) A copy of the cannabis business's commercial general liability insurance policy and all other insurance policies related to the operation of the business.(5) A copy of the cannabis business's most recent year's financial statement and tax return.(6) An inventory record documenting the dates and amounts of cannabis and cannabis products received at the business site, the daily amounts of cannabis and cannabis products stored on the site, and the daily amounts of cannabis and cannabis products sold from the site.(b) A retail cannabis business shall report any loss, damage, or destruction of these records to the city manager within twenty-four hours of the loss, damage, or destruction.", "history": "(Ord. 2515 § 2, 2017)" }, { "guid": "44638444", "number": "§ 21.04.170", "title": "Site management.", "text": "(a) The retail cannabis business permittee shall prevent and eliminate conditions on the cannabis business site that constitute a nuisance.(b) The permittee shall properly store and dispose of all waste generated on the cannabis business site, including organic waste, in accordance with all applicable laws and regulations.", "history": "(Ord. 2515 § 2, 2017)" } ] }, { "guid": "44638447", "title": "CANNABIS DELIVERY SERVICES ORIGINATING OUTSIDE OF THE CITY", "number": "21.05", "url": "https://ecode360.com/44638447", "sha256": "d4a17ada24ca7ecd7a8a185271295c1836d6709833e84f1f0be5584c0db94fce", "exportedArticleSha256": "0476c0f5693561cc973f3e21734f4f641e6965eab094591ca26e8c221b909767", "sections": [ { "guid": "44638448", "number": "§ 21.05.010", "title": "Definitions and scope.", "text": "(a) \"Cannabis delivery service,\" for purposes of this article, means a service whereby a business establishment located outside of the city delivers cannabis to a physical location located in the city as part of a retail sale.(b) This article does not apply to a retail cannabis business located and permitted in the city pursuant to Article 21.04.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638451", "number": "§ 21.05.020", "title": "Cannabis delivery permit required.", "text": "No person shall perform a cannabis delivery service in the city without first obtaining a valid business license issued by the city and a cannabis delivery permit issued pursuant to this article.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638452", "number": "§ 21.05.030", "title": "Cannabis delivery permit fee.", "text": "The cannabis delivery permit fee is hereby established and imposed. The city council shall establish by resolution the amount of the cannabis delivery permit fee, and any related penalties.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638453", "number": "§ 21.05.040", "title": "Applications for cannabis delivery permit.", "text": "(a) A person may apply for a cannabis delivery permit, or a permit renewal, by filing an application with the police chief. The application shall be on a form approved by the police chief and may require any information or documentation consistent with the provisions of this code and state law, including the following:(1) Applicant.(A) A description of the statutory entity or business form that serves as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.(B) The phone number and address to which notice of action on the application and correspondence is to be mailed.(2) Interested Parties.(A) The name, address, telephone number, title, and function of each of the interested parties in the cannabis business.(B) The name, address, telephone number, and title of each of the employees that are authorized to perform deliveries from the cannabis business. For each employee authorized to perform deliveries, proof of valid driver's license and current employment by the business.(3) Retail Cannabis Business Description. A general description of the retail cannabis business site, including the street address, parcel number, and hours of operation. The business description should indicate whether the business intends to sell medical or adult-use cannabis.(4) State Licenses. Copies of the applicant's state licenses relating to cannabis, as required by state law. If the applicant applies for a cannabis delivery permit prior to the state issuing the appropriate licenses, the applicant shall specify which state license(s) will be obtained once the state begins issuing licenses.(5) Local Licenses. Copies of the applicant's local licenses or permits relating to cannabis, demonstrating local authorization to conduct a retail cannabis business, such as local land use or business permits, issued by the local jurisdiction in which the business is located.(6) Tax Compliance. A current copy of the applicant's city business license tax certificate, state sales tax seller's permit, and the applicant's most recent year's financial statement and tax returns, as may be applicable.(7) Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis retail business and deliveries.(8) City Authorization. Authorization and consent for the police chief to seek verification of the information contained within the application.(9) Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.(10) Indemnification. An agreement, on a form approved by the city attorney, whereby the applicant:(A) Releases the city, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter, and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of state or federal laws; and(B) Defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by city property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from the business delivery operations, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis or cannabis products from the business site in the city.(b) Every application for a cannabis delivery permit shall be accompanied by a nonrefundable cannabis delivery permit fee.(c) No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a cannabis delivery permit.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638473", "number": "§ 21.05.050", "title": "Application process.", "text": "The police chief, in consultation with the city manager and community development and sustainability director or his/her designee, is authorized to establish procedures and guidelines to process cannabis delivery permit applications.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638474", "number": "§ 21.05.060", "title": "Denial of a cannabis delivery permit.", "text": "(a) The police chief may deny a cannabis delivery permit if the police chief determines that one or more of the following circumstances exist:(1) The application received is incomplete or not responsive to the requirements of this article;(2) The application contains a false or misleading statement or omission of a material fact;(3) The operation of the delivery business described in the application fails to comply with any of the requirements in this code, state law, or any other regulation;(4) The applicant or any of its managers has any unpaid and overdue administrative penalties imposed for violations of this chapter; or(5) Within twelve months of the date of application, either the applicant has had a state or local cannabis-related land use or business permit revoked; or any of its managers were associated with a cannabis business that had its cannabis-related permit(s) revoked.(b) The denial of a cannabis delivery permit is subject to and shall comply with Article 21.02.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638482", "number": "§ 21.05.070", "title": "Terms of a cannabis delivery permit.", "text": "(a) A cannabis delivery permit issued pursuant to this article is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.(b) A cannabis delivery permit is valid for only one retail cannabis business site.(c) The permittee shall notify the police chief of any change in the information provided on the application to obtain the cannabis delivery permit within thirty days of the change.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638486", "number": "§ 21.05.080", "title": "Renewal.", "text": "(a) A permittee may apply for a cannabis delivery permit renewal by submitting to the police chief at least thirty calendar days before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 21.05.040.(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.(c) The police chief shall either approve or deny the renewal of a permit within thirty calendar days of receipt of the complete application. The police chief may extend the time for consideration of the application for up to an additional twenty-one calendar days upon written notice to the applicant. The failure of the police chief to timely act shall constitute approval of the renewal of the permit.(d) The police chief shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 21.05.040, and that no permittee or interested party of the cannabis business has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding permit term.(e) A permit renewed pursuant to this section may be extended for up to two additional years.(f) The renewal application shall be on a form approved by the police chief. The police chief, in consultation with the city manager and community development and sustainability director or his or her designee, is authorized to establish procedures and guidelines to process cannabis delivery permit renewal applications.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638493", "number": "§ 21.05.090", "title": "Suspending, modifying, or revoking a permit.", "text": "(a) The police chief may suspend, modify, or revoke a retail cannabis business permit issued pursuant to the provisions of this article for any of the following reasons:(1) One or more of the circumstances upon which a retail cannabis business permit could be denied, as described in Section 21.05.060, exists or has occurred;(2) One or more conditions of the retail cannabis business permit has been violated; or(3) The permittee, its managers or interested parties have violated any provision of this chapter.(b) The suspension, modification, or revocation of a retail cannabis business permit shall comply with Article 21.02.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638499", "number": "§ 21.05.100", "title": "Emergency contact manager.", "text": "A cannabis delivery permittee shall provide the police chief with the current name and primary and secondary telephone numbers of at least one twenty-four hour on-call manager to address and resolve complaints and to respond to emergency operating problems or concerns associated with the cannabis delivery operations in the city.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638500", "number": "§ 21.05.110", "title": "Delivery requirements.", "text": "A cannabis delivery permittee shall comply with the following requirements when conducting cannabis delivery services in the city:(a) The delivery services shall be conducted by employees of the retail cannabis business who are at least twenty-one years old. The retail cannabis business shall not use the services of an independent contractor or courier service to deliver cannabis for retail sale.(b) Every employee of the retail cannabis business engaging in delivery services shall maintain on his or her person a physical copy of the following when conducting a delivery:(1) The business's current valid retail cannabis business permit;(2) Valid driver's license;(3) Employer-provided badge containing the name and photo of the employee; and(4) Each customer's delivery request. The delivery request must identify the retail cannabis business, the customer's name and address, and the product(s) being delivered.(c) Cannabis may only be delivered in-person to the customer that made the delivery request, and shall not be left unattended or delivered to any other person. The delivery-employee shall verify the customer's age, identity, delivery request, and, if applicable, valid physician's recommendation prior to completing the delivery.(d) Cannabis may not be delivered to an address located on publicly-owned land or any address on land or in a building leased by a public agency.(e) All deliveries shall be conducted in an enclosed motor vehicle or other acceptable delivery method in compliance with state law, operated by the delivery employee or another delivery employee of the retail cannabis business.(f) Cannabis and cannabis products shall not be left unattended in a vehicle, except for brief periods as necessary to deliver cannabis to a customer. If cannabis and cannabis products are left unattended in a vehicle, the vehicle must remain locked and must be equipped with an active vehicle alarm system.(g) For purposes of this section, a delivery begins when an employee leaves the retail cannabis business premises with cannabis intended for delivery, and ends when the delivery employee returns to the retail cannabis business premises. When conducting deliveries, the employee shall only travel from the business premises to a delivery address, from one delivery address to another delivery address, or from a delivery address back to the business premises.(h) The police chief is authorized to establish permitted and preferred delivery routes applicable to the cannabis delivery permittee.(i) These regulations are intended to be the minimum requirements imposed by law, and shall not be construed to conflict with state law. Where state law provides more restrictive requirements for cannabis deliveries, state law controls.", "history": "(Ord. 2515 § 3, 2017)" }, { "guid": "44638514", "number": "§ 21.05.120", "title": "Maintenance of records.", "text": "(a) A cannabis delivery permittee shall maintain the following records in printed format for at least three years and shall produce them to the city within twenty-four hours after receipt of the city's request:(1) The name, address, and telephone numbers of the owner and landlord of the cannabis business site.(2) The name, date of birth, address, and telephone number of each manager and delivery employee of the cannabis business; the date each was hired; and the nature of each manager's and delivery employee's participation in the cannabis business.(3) A written accounting of all income and expenditures of the cannabis business operations, including, but not limited to, cash and in-kind transactions.(4) A copy of the cannabis business's commercial general liability insurance policy and all other insurance policies related to the operation of the business.(5) A copy of the cannabis business's most recent year's financial statement and tax return.(6) An inventory record documenting the dates and amounts of cannabis and cannabis products delivered and sold in the city.(b) A retail cannabis business shall report any loss, damage, or destruction of these records to the city manager within twenty-four hours of the loss, damage, or destruction.", "history": "(Ord. 2515 § 3, 2017)" } ] }, { "guid": "44638524", "title": "IN GENERAL", "number": "22.01", "url": "https://ecode360.com/44638524", "sha256": "14841f77a5a0fff00f6b288429c9e8f4b1af0cd017a1f19cc3490b1f914e6c96", "exportedArticleSha256": "698cf8caf31a88f4949b188b25d40fa892c4941234e729624490208b3e54ce12", "sections": [ { "guid": "44638525", "number": "§ 22.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Advertising vehicle.Any vehicle which carries, while in motion or standing, for display to the view of the public upon or along a public street or way, any signs, or any statuary or other advertising objects, symbols or matter; and any vehicle which is especially fitted up to present a grotesque, arresting or unusual appearance for advertising purposes, or for the purpose of attracting the attention of the public upon or along a public street or way.Bicycle.A light vehicle without a motor, having two wheels, handlebars and a seat, and propelled by the operator. The term \"bicycle\" shall include unicycles also.Central traffic district.All streets and portions of streets within the area described as follows: All that area contained within the following description: Beginning at a point on the west line of the Southern Pacific railroad right-of-way at a point which is also the centerline of 5th Street; then westerly along the centerline of 5th Street to the centerline of F Street; then southerly along the centerline of F Street to the centerline of 4th Street; thence westerly along the centerline of 4th Street to the centerline of C Street; then southerly along the centerline of C Street to the centerline of 3rd Street; then westerly on the centerline of 3rd Street to the centerline of B Street; then southerly along the centerline of B Street to the centerline of 1st Street; then easterly along the centerline of 1st Street to a point on the westerly line of the Southern Pacific railroad right-of-way; then northerly along the westerly line of the Southern Pacific railroad right-of-way to the point of beginning.Holidays.January 1st, February 22nd, May 30th, July 4th, the first Monday in September, December 25th and Thanksgiving Day. If January 1st, February 22nd, May 30th, July 4th or December 25th falls upon a Sunday, the Monday following is a holiday.Loading zone.The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.Official time standard.Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.Park.To stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.Parkway.That portion of a street other than a roadway or a sidewalk.Passenger loading zone.The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.Pedestrian.Any person afoot.Police officer.Every officer of the police department of this city, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.School districts.(1) West Davis School District. Anderson Road between the southerly line of Amherst Drive and the northerly line of Rutgers Drive.(2) High School and Junior High School District. An area bounded on the south by the southerly line of Russell Boulevard extended to the easterly boundary of B Street, thence north along the easterly boundary to the southerly line of 5th Street, thence along the southerly line of 5th Street to its intersection with C Street, thence northerly along the east line of C Street to its intersection with 6th Street, thence westerly along the north line of 6th Street to its intersection with B Street, thence northerly along the east line of B Street to its intersection with 7th Street, thence westerly along the north line of 7th Street to A Street, thence southerly along the west line of A Street to its intersection with Russell Boulevard.(3) Central School District. An area bounded on the south by the southerly line of 3rd Street, on the east by the easterly line of C Street, on the north by the northerly line of 4th Street, and on the west by the westerly line of B Street.(4) North Davis School District. 14th Street between the westerly line of B Street and the easterly line of F Street.(5) East Davis School District. East 8th Street between the westerly line of L Street and the easterly line of North Street extended.(6) Birch Lane School District. Birch Lane between the northerly line of Chapman Place and a parallel line a distance of one thousand feet to the south.(7) High School District. 14th Street between the westerly line of B Street and the westerly line of Oak Avenue.Sound vehicle.Any vehicle which carries or is equipped with any instrument or device, whether or not physically attached to such vehicle, for the production or reproduction of music, spoken words or other sounds, or any loud speaker or other sound amplifying device designed to enlarge the volume or sound produced by any instrument or by the human voice, which instrument or device is used or intended to be used for the purpose of advertising, or calling attention to any Article, thing or event, or for the purpose of addressing the public or of attracting the attention of the public, along or upon a public street or way along which such vehicle travels.Stop.When required, means complete cessation of movement.Stop or stand.When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device.Whenever any words or phrases used in this chapter are not defined herein, but are now defined in the Vehicle Code of the state, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full.", "history": "(Code 1964 §§ 4-3.101, 4-3.102; Ord. 1731 § 2)" }, { "guid": "44638548", "number": "§ 22.01.020", "title": "Compliance with chapter.", "text": "(a) No person shall do any act forbidden or fail to perform any act required in this chapter.(b) No person shall willfully fail or refuse to comply with any lawful order of a police officer, fire department official, police aide or police explorer when directing traffic.(c) The parking, standing or stopping of vehicles in violation of this chapter shall be an infraction. The failure to correct a violation shall constitute a continuing offense and each additional time period of parking, standing or stopping in excess of an established time limit shall constitute an additional and separate infraction.", "history": "(Code 1964 § 4-3.303; Ord. 788 § 2; Ord. 1797 § 1)" }, { "guid": "44638552", "number": "§ 22.01.030", "title": "Enforcement generally.", "text": "It shall be the duty of the officers of the police department and such other persons as are appointed by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.", "history": "(Code 1964 § 4-3.301)" }, { "guid": "44638553", "number": "§ 22.01.040", "title": "Directing of traffic.", "text": "(a) Officers of the police department and such other persons as are appointed by the chief of police are hereby authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.(b) Officers of the fire department, when at the scene of a fire or when in the course of their duties they are protecting the personnel or equipment of the fire department, may direct, or may assist the police in directing traffic.(c) Persons appointed by the chief of police as junior traffic police, when wearing an insignia or uniform indicating such appointment, may direct, or may assist the police in directing, by voice, hand or other signal in conformance with traffic laws, traffic at crosswalks in school districts.(d) Except as provided in this section, no person shall direct or attempt to direct traffic by voice, hand or other signal, unless authorized to do so by the chief of police.", "history": "(Code 1964 § 4-3.302)" }, { "guid": "44638558", "number": "§ 22.01.050", "title": "Applicability of chapter to persons riding or operating pushcarts, animals, etc.", "text": "Every person propelling any pushcart or riding any animal upon a street or roadway, and every person driving any animal drawn vehicle shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.", "history": "(Code 1964 § 4-3.303)" }, { "guid": "44638559", "number": "§ 22.01.060", "title": "Applicability of chapter to operator of government vehicle.", "text": "The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, any county or city and it shall be unlawful for any such driver to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the Vehicle Code of the state.", "history": "(Code 1964 § 4-3.303)" }, { "guid": "44638560", "number": "§ 22.01.070", "title": "Exemptions as to certain vehicles.", "text": "(a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, any public ambulance, any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code of the state in response to an emergency call.(b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her wilful disregard of the safety of others.(c) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work, or to any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail.(d) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any commercial vehicle carrying heavy tools, materials or equipment while actually engaged in the construction or repair work upon the public street, or property adjacent thereto; provided, that a valid construction parking permit, issued by the chief of police, is displayed in the lower right-hand corner of the windshield of such vehicle.(e) The chief of police is hereby authorized to issue construction parking permits to persons engaged in construction or repair work upon the public street or property adjacent thereto. Such permits shall have indicated on them the time during which such permits shall be effective. No such permit shall be valid except for that period of time so designated.", "history": "(Code 1964 § 4-3.304; Ord. 437 § 1)" }, { "guid": "44638566", "number": "§ 22.01.080", "title": "Report of accidents.", "text": "(a) The driver of a vehicle or the person in charge of any bicycle or animal involved in any accident resulting in damage to any property, publicly owned or owned by a public utility, including, but not limited to, any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic control device or other property of a like nature located in or along any street, shall within twenty-four hours after such accident make a written report of such accident to the police department of this city.(b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle, bicycle or animal, the license number of every such vehicle or bicycle and shall briefly describe the property damaged in such accident.(c) A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time such driver is physically incapable of making a report, but in such event the driver shall make a report as required in subsection (a) of this section within twenty-four hours after regaining ability to make such report.", "history": "(Code 1964 § 4-3.305)" }, { "guid": "44638570", "number": "§ 22.01.090", "title": "Shrubbery obstructing visibility at intersection.", "text": "Whenever the city traffic engineer finds that any hedge, shrub or tree obstructs the view of any intersection, or obstructs the view of the traffic upon a street approaching any intersection in such a manner as to constitute a hazard to public safety and travel, he or she may in writing request the owner or occupant of the property on which such hedge, shrub or tree is located to prune the same. If such hedge, shrub or tree is not pruned as requested within ten days thereafter, the city traffic engineer may cause such hedge, shrub or tree to be pruned in such a manner that it will not constitute a hazard to public safety and travel. If the city traffic engineer twice requests in writing that an owner or occupant prune a hedge, shrub or tree, and the owner or occupant fails to do so each time, the city traffic engineer may, following the third such written request, remove the hedge, shrub, or tree.", "history": "(Code 19643 § 4-3.1307)" }, { "guid": "44638571", "number": "§ 22.01.100", "title": "One-way streets and alleys—Signs required.", "text": "Whenever any ordinance or resolution of this city designates any one-way street or alleys the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.", "history": "(Code 1964 § 4-3.601)" }, { "guid": "44638572", "number": "§ 22.01.110", "title": "One-way streets and alleys—Designated.", "text": "In accordance with Section 22.01.100 and when properly sign-posted, traffic shall move only in the direction indicated upon the following streets and alleys:\"A\" Street, northbound, between First Street and Russell Blvd. (Exception: for purposes of bicycle travel only, a lane shall be designated for southbound travel between seventy feet north of Third Street and First Street);Alley, northbound, between A Street and University Avenue from Second Street to Third Street;Alley, northbound, between F Street and G Street from Second Street to Third Street;Alley, northbound, between F Street and G Street from Third Street to Fourth Street;Rice Lane, westbound, from B Street to A Street;University Avenue, southbound, from Fourth Street to Second Street.", "history": "(Code 1964 § 4-3.1601; Ord. 667 § 1; Ord. 869 §§ 1, 2; Ord. 1016 § 1; Ord. 1233 § 1; Ord. 1361 § 1; Ord. 2156 § 1, 2005)" }, { "guid": "44638573", "number": "§ 22.01.120", "title": "Person under influence of alcoholic liquor or narcotics in or about vehicles.", "text": "It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to be in or about any vehicle to which he or she has right of access or control while such vehicle is in or upon any street or any other public place in the city, unless the same is under the immediate control or operation of a person not under the influence of intoxicating liquor or narcotic drugs.", "history": "(Code 1964 § 4-3.807)" }, { "guid": "44638574", "number": "§ 22.01.130", "title": "Clinging to vehicles prohibited.", "text": "Any person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle shall not attach the same or him or herself to any vehicle being operated upon any street.", "history": "(Code 1964 § 4-3.802)" }, { "guid": "44638575", "number": "§ 22.01.140", "title": "Trains not to block crossings.", "text": "It shall be unlawful for any person to cause or permit any railway train or railway car or similar vehicle on rails to operate or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten minutes; except, that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident.", "history": "(Code 1964 § 4-3.1402)" } ] }, { "guid": "44638576", "title": "CITY TRAFFIC ENGINEER", "number": "22.02", "url": "https://ecode360.com/44638576", "sha256": "d6bf17f393cfd557348c04d5add45a5bc1573ecc0eb49bebe8627557dce43dff", "exportedArticleSha256": "8a0d10cf217f82c3b6d544d322c2f62c8656abe3f80459ffca60b7a3b391011f", "sections": [ { "guid": "44638577", "number": "§ 22.02.010", "title": "Office established; director of public works designated traffic engineer.", "text": "The office of city traffic engineer is hereby established. The director of public works shall serve as city traffic engineer, in addition to his or her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter.", "history": "(Code 1964 § 4-3.201; Ord. 422 § 1)" }, { "guid": "44638578", "number": "§ 22.02.020", "title": "Duties.", "text": "It shall be the general duty of the city traffic engineer, to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by this Code or other ordinances of this city.", "history": "(Code 1964 § 4-3.202; Ord. 422 § 1; Ord. 2664, 8/27/2024)" } ] }, { "guid": "44638579", "title": "OPERATION OF VEHICLES", "number": "22.04", "url": "https://ecode360.com/44638579", "sha256": "f0a74d7f07bb33075663e7c302cdc3e21e966990261cc1a2144dfc861e867726", "exportedArticleSha256": "c43befb50814c0c295f966cdbbfb6ea2a5968813ce05c333240315b5ae16155c", "sections": [ { "guid": "44638580", "number": "§ 22.04.010", "title": "Decrease of prima facie speed limits.", "text": "It is hereby determined upon the basis of an engineering and traffic survey and investigation that the speed permitted by state law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is hereby declared that the prima facie speed limit shall be as herein set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:(a) Twenty miles per hour.Alta Loma Street, entire length.Alvarado Avenue, east of Catalina Drive.Bella Casa Street, entire length.Bucklebury Road, westerly of Arlington Boulevard.Oakenshield Road, westerly of Arlington Boulevard.Rowe Place north of Fifth Street.(b) Twenty-five miles per hour.A Street from First Street to Russell Boulevard.Alvarado Avenue from Sycamore Lane to Anderson Road.Anderson Road from Oriole Avenue to F Street.Anderson Road from Russell Boulevard to Eighth Street.Arthur Street from Russell Boulevard to Hampton Drive.B Street from Eighth Street to Fourteenth Street.B Street from Fifth Street to Eighth Street.B Street from First Street to Fifth Street.Calaveras Avenue from Arlington Boulevard to Eisenhower Street.Catalina Drive from Covell Boulevard to Anderson Road.Cowell Boulevard from three hundred feet west of Ohlone Street to Ensenada Drive.Cowell Boulevard from Ensenada Drive to El Cemonte Avenue.Danbury Street, entire length.Denali Drive from Covell Boulevard to Shasta Drive.Eighth Street from B Street to F Street.Eighth Street from F Street to J Street.Eighth Street from J Street to L Street.Eighth Street from L Street to Pole Line Road.Eighth Street from Anderson Road to B Street.Eighth Street from Pole Line Road to Tulip Lane.Eighth Street from Sycamore Lane to Anderson Road.Eisenhower Street from Russell Boulevard to Calaveras Avenue.El Cemonte Avenue from Cowell Boulevard to Chiles Road.F Street from Eighth Street to Fourteenth Street.F Street from Fifth Street to Eighth Street.F Street from First Street to Fifth Street.F Street from Fourteenth Street to Covell Boulevard.Fifth Street from B Street to L Street.First Street from A Street to E Street.Fourteenth Street from Oak Avenue to F Street.Grande Avenue from Catalina Drive to F Street.Hampton Drive from Arthur Street to Shasta Drive.Humboldt Avenue, entire length.L Street from Eighth Street to Covell Boulevard.L Street from Fifth Street to Eighth Street.L Street from Second Street to Fifth Street.Lake Boulevard from Russell Boulevard to Arlington Boulevard.Lillard Drive from Cowell Boulevard to Drummond Avenue.Loyola Drive from Monarch Lane to Alhambra Drive.Loyola Drive from Pole Line Road to Tulip Lane.Loyola Drive from Tulip Lane to Monarch Lane.Marina Circle, entire length.Moore Boulevard from Pole Line Road to Wright Boulevard from includes Wright Boulevard.Moore Boulevard from Wright Boulevard to Rockwell Drive.Pole Line Road from Eighth Street to Loyola Drive.Pole Line Road from Loyola Drive to Covell Boulevard.Rockwell Drive from Moore Boulevard (west) to Moore Boulevard (east).Shasta Drive, entire length.Sycamore Lane from Cornell Drive to Villanova Drive.Sycamore Lane from Covell Boulevard to Antelope Avenue.Sycamore Lane from Eighth Street to Cornell Drive.Sycamore Lane from Russell Boulevard to West Eighth Street.Sycamore Lane from Villanova Drive to Covell Boulevard.Third Street from B Street to Railroad Tracks.Third Street from Railroad Tracks to L Street.Tulip Lane from East Eighth Street to Loyola Drive.Villanova Drive from Anderson Road to Oak Avenue.Villanova Drive from Sycamore Lane to Anderson Road.(c) Thirty miles per hour.Alhambra Drive from Mace Boulevard to Covell Boulevard.Anderson Road from Catalina Drive to Oriole Avenue.Anderson Road from Corona Drive to Catalina Drive.Anderson Road from Covell Boulevard to Corona Drive.Anderson Road from Eighth Street to Covell Boulevard.Arlington Boulevard from Humboldt Avenue to Lake Boulevard.Drummond Avenue from Cowell Boulevard to Lillard Drive.F Street from Covell Boulevard to Amapola Drive.Fifth Street from L Street to Pole Line Road.Fifth Street from Peña Drive to Alhambra Drive.Fifth Street from Pole Line Road to Peña Drive.J Street from Eighth Street to Covell Boulevard.Lake Boulevard from Arlington Boulevard to Covell Boulevard.Montgomery Avenue from Mace Boulevard to nine hundred fifty feet west of Rosario Street.Olive Drive from I-80 westbound off-ramp to Richards Boulevard.Pole Line Road from Fifth Street to Eighth Street.Russell Boulevard from SR 113 to B Street.Sycamore Lane from Antelope Avenue to north city limit.(d) Thirty-five miles per hour.Arlington Boulevard from Russell Boulevard to Humboldt Avenue.Chiles Road from Mace Boulevard to three thousand two hundred feet east of Mace Boulevard.Covell Boulevard from F Street to Pole Line Road.Covell Boulevard from Anderson Road to F Street.Covell Boulevard from Pole Line Road to Wright Boulevard.Covell Boulevard from Risling Court to Anderson Road.Cowell Boulevard from Drummond Avenue to three hundred feet west of Ohlone Street.Cowell Boulevard from Research Park Drive to three hundred feet east of east end of Research Park Drive.F Street from Amapola Drive to north city limit.John Jones Road from Covell Boulevard to six hundred fifty feet north of Lyndell Terrace (north).Mace Boulevard from Chiles Road to south city limit.Pole Line Road from Cowell Boulevard to Fifth Street.Research Park Drive from Richards Boulevard to one thousand two hundred fifty feet north of Richards Boulevard.Richards Boulevard from Olive Drive to Research Park Drive.Russell Boulevard from Arlington Boulevard to SR 113.Russell Boulevard from West City Limit to Arlington Boulevard.Second Street from L Street to Pole Line Road Overcrossing.Second Street from two thousand three hundred fifty feet west of Mace Boulevard to Mace Boulevard.(e) Forty miles per hour.Chiles Road from seven hundred feet west of La Vida Way to Mace Boulevard.Chiles Road from Cowell Boulevard to seven hundred feet west of La Vida Way.Covell Boulevard from Alhambra Drive to CR 104.Covell Boulevard from Lake Boulevard to Risling Court.Covell Boulevard from Wright Boulevard to Alhambra Drive.Cowell Boulevard from three hundred feet east of east end of Research Park Drive to Drummond Avenue.Mace Boulevard from Second Street to CR 104.Pole Line Road from Covell Boulevard to Moore Boulevard.Research Park Drive from one thousand two hundred fifty feet north of Richards Boulevard to Cowell Boulevard.(f) Forty-five miles per hour.Chiles Road from three thousand two hundred feet east of Mace Boulevard to east city limit.John Jones Road from six hundred fifty feet north of Lyndell Terrace (north) to north city limit.Pole Line Road from Moore Boulevard to north city limit.Second Street from Pena Drive to two thousand three hundred fifty feet west of Mace Boulevard.Second Street from Pole Line Road Overcrossing to Peña Drive.(g) Fifty miles per hour.Covell Boulevard from West City Limit to Lake Boulevard.", "history": "(Ord. 2629 § 3, 2022)" }, { "guid": "44638588", "number": "§ 22.04.020", "title": "Driving through, etc., railroad crossing gates, etc., prohibited.", "text": "No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.", "history": "(Code 1964 § 4-3.1401)" }, { "guid": "44638589", "number": "§ 22.04.030", "title": "Driving through funeral processions.", "text": "No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such processions are conspicuously so designated.", "history": "(Code 1964 § 4-3.801)" }, { "guid": "44638590", "number": "§ 22.04.040", "title": "Driving within sidewalk area.", "text": "The driver of a vehicle shall not drive within any sidewalk area or any parkway, except at a permanent or temporary driveway.", "history": "(Code 1964 § 4-3.803)" }, { "guid": "44638591", "number": "§ 22.04.050", "title": "Driving over new pavement or paint.", "text": "No person shall ride or drive any bicycle, animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed.", "history": "(Code 1964 § 4-3.804)" }, { "guid": "44638592", "number": "§ 22.04.060", "title": "Entering or leaving limited access roadway.", "text": "No person shall drive a vehicle onto or from any limited access roadway, except at such entrances and exits as are established by public authority.", "history": "(Code 1964 § 4-3.805)" }, { "guid": "44638593", "number": "§ 22.04.070", "title": "Driving over fire hose.", "text": "No vehicle shall be driven over any unprotected hose of the fire department when laid down on any street or private driveway without the consent of the officer of the fire department directing traffic at the scene of the fire or protecting the personnel and equipment of the fire department.", "history": "(Code 1964 § 4-3.806)" }, { "guid": "44638594", "number": "§ 22.04.080", "title": "Certain vehicles prohibited within central traffic district—Exception.", "text": "(a) No person shall operate any of the following vehicles in the central traffic district between the hours of 7:00 a.m. and 6:00 p.m. of any day:(1) Any freight vehicle more than eight and one-half feet in width, with load, or any freight vehicle so loaded that any part of its load extends more than twenty feet to the front or rear of the vehicle;(2) Any vehicle carrying building material that has not been loaded, or is not to be unloaded, at some point within the central traffic district.(b) The chief of police may by written permit authorize the operation of any such vehicle for the purpose of making necessary emergency deliveries to or from points within the central traffic district.", "history": "(Code 1964 § 4-3.1301)" }, { "guid": "44638599", "number": "§ 22.04.090", "title": "Advertising vehicles.", "text": "(a) No person shall drive, operate, propel or park any advertising vehicle upon any public street or way at any time.(b) The definition of an advertising vehicle set forth in this chapter shall not include vehicles used only in a parade conducted pursuant to a permit issued by the chief of police.(c) The placing of business signs, notices or emblems upon ordinary business or carrier vehicles shall not bring such vehicles within the definition of an advertising vehicle, so long as such vehicles are engaged in the usual business or regular work of the owner and are not used merely or mainly for advertising or for attracting the attention of the public.(d) The definition of an advertising vehicle shall not include religious, charitable, educational, political or other noncommercial advertising vehicles.", "history": "(Code 1964 § 4-3.1302)" }, { "guid": "44638604", "number": "§ 22.04.100", "title": "Horse-drawn vehicles.", "text": "No person shall ride or drive any animal or animal-drawn vehicle into or within the city between the hours of sunset and sunrise of any day.", "history": "(Code 1964 § 4-3.1304)" }, { "guid": "44638605", "number": "§ 22.04.110", "title": "Truck routes—Regulations as to use.", "text": "(a) Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of ten thousand pounds, the city traffic engineer is authorized to designate such street or streets by appropriate signs as \"truck traffic routes\" for the movement of vehicles exceeding a maximum gross weight limit of ten thousand pounds.(b) When any such truck traffic route is established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of ten thousand pounds shall drive on such route and none other; except, that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of ten thousand coming from a truck traffic route having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.(c) The provisions of this section shall not apply to:(1) Passenger buses under the jurisdiction of the public utilities commission;(2) Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.", "history": "(Code 1964 § 4-3.1305; Ord. 2131 § 1, 2003)" }, { "guid": "44638611", "number": "§ 22.04.120", "title": "Truck routes—Designated.", "text": "In accordance with Section 22.04.110 and when signs are erected giving notice thereof, the following streets or portions of streets are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross limit of ten thousand pounds:B Street, from First Street to Russell Boulevard.Covell Boulevard, from Pole Line Road to the east city limits.Fifth Street, from B Street to L Street.First Street, from Richards Boulevard to B Street.L Street, from Second Street to Fifth Street.Mace Boulevard, from the south city limits to the north city limits.Pole Line Road, from Covell Boulevard to the north city limits.Richards Boulevard, from Interstate 80 to First Street.Russell Boulevard, from B Street to State Highway Route 113.Second Street, from L Street to east city limits.Fifth Street, from L Street to Pole Line Road.Pole Line Road, from Fifth Street to Cowell Boulevard.Cowell Boulevard, from Pole Line Road/Lillard to I-80.Covell Boulevard, from SR113 to west city limits.", "history": "(Code 1964 § 4-3.1610; Ord. 531 § 1; Ord. 1052 § 1; Ord. 1899 § 1; Ord. 2131 § 1, 2004)" }, { "guid": "44638612", "number": "§ 22.04.130", "title": "Commercial vehicles prohibited on certain streets—Signs required.", "text": "(a) Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the city traffic engineer shall erect and maintain appropriate signs on those streets affected by such ordinance.(b) The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission.", "history": "(Code 1964 § 4-3.1306)" }, { "guid": "44638615", "number": "§ 22.04.140", "title": "Commercial vehicles prohibited on certain streets—Streets designated.", "text": "In accordance with Section 22.04.130, the following streets and parts of streets are hereby declared to be streets the use of which is prohibited by any commercial vehicle: None.", "history": "(Code 1964 § 4-3.1611)" } ] }, { "guid": "44638616", "title": "TURNING AND BACKING MOVEMENTS", "number": "22.05", "url": "https://ecode360.com/44638616", "sha256": "18dcfa882989223f2f5418a79f2cc816905158e15bba336f940241384ccae9b2", "exportedArticleSha256": "83f184e5f7f4fe5d28948b22e04b32f4082f89c9e4a02598afe270e094472ad2", "sections": [ { "guid": "44638617", "number": "§ 22.05.010", "title": "Placement of turn markers; obedience to turn markers.", "text": "(a) The city traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The city traffic engineer is likewise authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right- or left-hand turns, and the course to be traveled, as so indicated, may conform to or be other than as prescribed by law or ordinance.(b) When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.", "history": "(Ord. 1964 § 4-3.501)" }, { "guid": "44638620", "number": "§ 22.05.020", "title": "Restricted turn signs.", "text": "(a) The city traffic engineer is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.(b) Whenever authorized signs are erected indicating that no right, left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.", "history": "(Code 1964 § 4-3.502; Ord. 2664, 8/27/2024)" }, { "guid": "44638623", "number": "§ 22.05.030", "title": "Backing regulations generally.", "text": "No person shall back a vehicle into or through an intersection. No person shall back a vehicle so that any portion of the vehicle crosses the centerline of a street.", "history": "(Code 1964 § 4-3.503)" } ] }, { "guid": "44638624", "title": "TRAFFIC-CONTROL DEVICES", "number": "22.06", "url": "https://ecode360.com/44638624", "sha256": "8faa2da187c3bbab3448706de2ac758625659d20c42d604fb638134dc97cae96", "exportedArticleSha256": "ec1bf4d704d1cd601ea2434bcd47460d16539b9ce6f26f41b33730ef8b477ba3", "sections": [ { "guid": "44638625", "number": "§ 22.06.010", "title": "Authority to install.", "text": "(a) The city traffic engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required under this Code or other ordinances of this city to make effective such provisions.(b) Whenever the Vehicle Code of the state requires for the effectiveness of any provisions thereof that traffic-control devices shall be installed to give notice to the public of the application of such law, the city traffic engineer is hereby authorized to install, or cause to be installed, the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.(c) The city traffic engineer may also place and maintain or cause to be placed and maintained such additional traffic control devices as he or she may deem necessary to regulate traffic or to guide or warn traffic, but he or she shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this Code or other ordinances of this city or as may be determined by ordinance or resolution of the city council.(d) With the approval of the city council, the traffic committee and the California Traffic Control Devices Committee, the city traffic engineer may also place and maintain or cause to be placed and maintained such additional nonstandard traffic-control devices as he or she may deem necessary for trial use or, following trial use, for permanent use. During the trial use, the city traffic engineer shall monitor and record the effects of the application of the trial devices and shall produce an engineering report of the effects. The city traffic engineer shall undertake the installation of trial traffic-control devices upon the basis of a demonstrated need and guided by the application of traffic engineering principles.(e) The city council, after review and approval by the traffic committee, may adopt by resolution those signs and markings that are contained in national and international standards.", "history": "(Code 1964 § 4-3.401.4; Ord. 1666 § 1; Ord. 1873 § 1; Ord. 2664, 8/27/2024)" }, { "guid": "44638631", "number": "§ 22.06.020", "title": "Signs required for enforcement.", "text": "No provision of the Vehicle Code of the state or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws.", "history": "(Code 1964 § 4-3.402)" }, { "guid": "44638632", "number": "§ 22.06.030", "title": "Obedience required.", "text": "The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this chapter unless otherwise directed by a police officer subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls.", "history": "(Code 1964 § 4-3.403)" }, { "guid": "44638633", "number": "§ 22.06.040", "title": "Removal of parking enforcement markings.", "text": "It shall be unlawful and shall constitute an infraction for any person to remove, obliterate or conceal any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations as provided for in this Code.", "history": "(Ord. 653 § 1)" }, { "guid": "44638634", "number": "§ 22.06.050", "title": "Lane markings.", "text": "The city traffic engineer is authorized to mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway.", "history": "(Code 1964 § 4-3.404; Ord. 2664, 8/27/2024)" }, { "guid": "44638635", "number": "§ 22.06.060", "title": "Distinctive roadway markings.", "text": "The city traffic engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code of the state on those streets or parts of streets where the volume of traffic or curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and markings shall have the same effect as similar markings placed by the state department of public works pursuant to provisions of the Vehicle Code of the state.", "history": "(Code 1964 § 4-3.405; Ord. 2664, 8/27/2024)" }, { "guid": "44638636", "number": "§ 22.06.070", "title": "Removal, relocation, etc.", "text": "The city traffic engineer is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this chapter whenever he or she shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.", "history": "(Code 1964 § 4-3.406; Ord. 2664, 8/27/2024)" }, { "guid": "44638637", "number": "§ 22.06.080", "title": "Traffic signals.", "text": "Installation or removal of traffic signals may be authorized by ordinance or resolution of the city council.", "history": "(Ord. 998 § 1)" } ] }, { "guid": "44638638", "title": "SPECIAL STOPS", "number": "22.07", "url": "https://ecode360.com/44638638", "sha256": "f82f4718f4cb0912d9d5d054c1444660f1e979554ea88d4fcf0bf7135b517b8b", "exportedArticleSha256": "ccfd1e83c98f1f72e8e253986db17a08d5e725442474e7d9a5408e326debdeba", "sections": [ { "guid": "44638639", "number": "§ 22.07.010", "title": "Erection of stop signs.", "text": "Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the city traffic engineer shall erect and maintain stop signs as follows:A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in Section 471 of the Vehicle Code of the state.", "history": "(Code 1964 § 4-3.701)" }, { "guid": "44638640", "number": "§ 22.07.020", "title": "Through streets designated.", "text": "The following streets and parts of streets are declared to be through streets:Alhambra Drive, from south of Covell Boulevard to west of Loyola Drive, and from east of Fifth Street to west of Arroyo Avenue/Atlantis Drive.Alvarado Avenue, from Catalina Drive to Anderson Road.Anderson Road, from Covell Boulevard to Oriole Avenue.Anderson Road, from Oriole Avenue to F Street.Anderson Road, Russell Boulevard to the south side of West Eighth Street.Anderson Road, north side of West Eighth Street to Road 31.Arlington Boulevard, from Russell Boulevard to Lake Boulevard.Arthur Street, Russell Boulevard to Humboldt Avenue.Arthur Street, from Russell Boulevard to Hampton Drive.B Street, First Street to Russell Boulevard.B Street, Russell Boulevard to East Eighth Street.Catalina Drive, Covell Boulevard to Anderson Road.Chiles Road, from north of Cowell Boulevard/Drummond Avenue intersection to west of Mace Boulevard.Chiles Road, Mace Boulevard to easterly city limits.County Road 101-A, Road 31 to the north city limits.County Road 103, Chiles Road to the south city limits.Covell Boulevard, easterly city limits to east side of Pole Line Road.Covell Boulevard, west side of Pole Line Road to westerly city limits.Cowell Boulevard, from east of Research Park Drive to south of Lillard Avenue.Cowell Boulevard, from north of Lillard Avenue to west of Drummond Avenue.Cowell Boulevard, from east of Drummond Avenue to west of Ensenada Drive.Cowell Boulevard, from east of Ensenada Drive to west of Mace Boulevard.Denali Drive, from Covell Boulevard to Shasta Drive.Denali Drive, from Shasta Drive to Covell Boulevard.East Eighth Street, J Street to Pole Line Road.Eighth Street, westerly line of B Street to the easterly line of Anderson Road.F Street, Fifth Street to Road 31.Fifth Street, B Street to L Street.Fifth Street, from east of Pole Line Road to west of Alhambra Drive.First Street, B Street to A Street.Fourteenth Street, from B Street to F Street.Grande Avenue, Catalina Drive to F Street.J Street from north of East Eighth Street to south of Drexel Drive, and from north of Drexel Drive to south of Covell Boulevard.L Street, East Eighth Street to County Road 31.L Street, Fifth Street to Eighth Street.L Street, Fifth Street to Road 32.Lake Boulevard, from the north side of Arlington Boulevard to the north city limits.Lillard Drive, Drummond Avenue to Ohlone Street.Lillard Avenue, from east of Cowell Boulevard to west of Drummond Avenue.Loyola Drive, from east of Pole Line Road to west of Tulip Lane and east of Tulip Lane to west of Alhambra Drive.Loyola Drive, Pole Line Road to Monarch Lane.Mace Boulevard, northerly city limits to southerly city limits.Pole Line Road (County Road) 102, Covell Boulevard to the north city limits.Pole Line Road, East Eighth Street to Loyola Drive.Pole Line Road, Loyola Drive through Claremont Drive.Research Park Drive, from east of West Chiles Road to south of Cowell Boulevard.Research Park Drive, from north of Cowell Boulevard to west of Cowell Boulevard.Road 103, Chiles Road to the south city limits.Russell Boulevard, A Street to westerly city limits.Russell Boulevard, Highway 99W to west city limits.San Rafael Street, from Fifth Street to Ponteverde Lane.Second Street, B Street to A Street.Second Street, F Street to B Street.Second Street, from east of L Street to west of Mace Boulevard.Shasta Drive, from Denali Drive to Hampton Drive.Sycamore Lane, between Covell Boulevard and north city limits.Sycamore Lane, between Cornell Drive and Villanova Drive.Sycamore Lane, Russell Boulevard to south side of Eighth Street.Sycamore Lane, between Villanova Drive and Covell Boulevard.Third Street, Southern Pacific Railroad tracks to L Street.Washoe Street, from Cowell Boulevard to Yana Place.West Eighth Street, Anderson Road to Wakeforest.", "history": "(Code 1964 § 4-3.1602; Ord. 383 § 1; Ord. 397 § 1; Ord. 408 § 1; Ord. 451 § 1; Ord. 494 § 1; Ord. 523 § 1; Ord. 589 § 1; Ord. 592; Ord. 604; Ord. 627 § 1; Ord. 629; Ord. 646 § 1; Ord. 666 § 2; Ord. 815 §§ 1, 3; Ord. 929 §§ 1, 3; Ord. 934 § 1; Ord. 1065 §§ 1, 2; Ord. 1086 § 2; Ord. 1116 § 1; Ord. 1155 § 3; Ord. 1171 § 1; Ord. 1263 § 1; Ord. 1342; Ord. 1389; Ord. 1391; Ord. 1394; Ord. 1523 § 1; Ord. 1577 § 1; Ord. 1588 § 1; Ord. 1604 § 1; Ord. 1625; Ord. 1657 § 1; Ord. 1672 § 1; Ord. 1708 §§ 1, 2; Ord. 1710 §§ 1, 2; Ord. 1727 § 1; Ord. 1866 § 1; Ord. 1952, 1998; Ord. 2186 §§ 1, 2, 2004; Ord. 2197 §§ 1, 2, 2005; Ord. 2226 § 1, 2005; Ord. 2241 §§ 1, 2, 2006; Ord. 2283 §§ 1, 2, 2007)" }, { "guid": "44638641", "number": "§ 22.07.030", "title": "Stop intersections designated.", "text": "When signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance to those intersections described as follows when proceeding in the direction indicated:A Street at B Street, east.A Street at First Street, north.A Street at First Street, south.A Street at Seventh Street, northbound and southbound.A Street at Third Street, north.A Street at Third Street, south.Adrian Drive, westbound, at Tulip Lane.Alameda Avenue, at Arthur Street, east.Alameda Avenue, at Eisenhower Street, east.Alameda Avenue, at Eisenhower Street, west.Alhambra Drive at Arroyo Avenue and Atlantis Drive, eastbound and westbound.Alhambra Drive at Loyola Drive and Conquistador Way, eastbound and westbound.Alhambra Drive, eastbound and westbound, at Fifth Street.Alhambra Drive, eastbound, at Mace Boulevard.Alhambra Drive, northbound, at Covell Boulevard.Alice Street at Chestnut Lane, east.Alice Street at Cypress Lane, east.Alice Street at Cypress Lane, west.Alley, between A Street and B Street, at Rice Lane, south.Almeria Street, north and south, at Valencia Avenue.Alta Loma Street at Alvarado Avenue, north (west intersection) and westerly (east intersection).Alvarado Avenue at Alta Loma Street, east.Alvarado Avenue at Sycamore Lane, west.Amador Avenue at Eisenhower Street, east.Amador Avenue at Eisenhower Street, west.Anderson Road at Oriole Avenue, north and south.Angela Street, northbound and southbound, at Cowell Boulevard.Antioch Drive at Eureka Avenue, east.Antioch Drive at Oak Avenue, east.Antioch Drive at Oak Avenue, west.Apple Lane at Radcliffe Drive.Arlington Boulevard at Lake Boulevard, west.Arlington Boulevard at Russell Boulevard, south.Arnold Street at Albany Avenue, north.Arnold Street at Cowell Boulevard, south.Arthur Street at Humboldt Avenue, north.Arthur Street at Hampton Drive, all ways.Astoria Street at the southerly intersection with Oyster Bay Avenue, south.B Street at First Street, east from north.Barcelona Avenue at Anderson Road, east.Barkley Street at Humboldt Avenue, southbound.Barkley Street at Humboldt Avenue, northbound.Baywood Lane at Clemson Drive, north and south.Baywood Lane at County Road 31, north.Baywood Lane at Whittier Drive, south.Beacon Bay Place at Marina Circle, west.Beech Lane at Fourteenth Street, north.Beech Lane at Mills Drive, south.Bella Casa Street at Alvarado Avenue, south (west and east intersections).Bermuda Avenue at Marina Circle, east.Bidwell Street at Donner Avenue, south.Birch Lane at County Road 31, north.Buchanan Street at Alameda Avenue, south.Buckeye Lane, to Whittier Drive, north.Burr Street at Humboldt Avenue, north.C Street at First Street, south.C Street at Second Street, eastbound and westbound.C Street at Second Street, north.C Street at Second Street, south.C Street at Third Street, eastbound and westbound.C Street at Third Street, north.C Street at Third Street, south.C Street at Fourth Street, north.C Street at Fourth Street, south.C Street at Seventh Street, north.C Street at Sixth Street, north.C Street at Sixth Street, south.Cabot Street at Eel Avenue, south.Catalina Drive at Anza, north.Catalina Drive at Anza, south.Chapman Place at Birch Lane, east.Chestnut Lane at Drexel Drive, north.Chestnut Lane at Drexel Drive, south.Clemson Drive at Baywood Lane, west.Cleveland Street at Alameda Avenue, south.Colby Drive at Pine Lane, east and west.Colgate Drive at L Street, west.Colgate Drive at N Street, east.College Park at Russell Boulevard, south.Concord Avenue at Evans Court, east and west.Concord Avenue, eastbound at Arnold Street.Concord Place, westbound at Arnold Street.Coolidge Street at Alameda Avenue, south.Coolidge Street at Amador Avenue, east and west.Coolidge Street at Calaveras Avenue.Cornell Drive at Sycamore Lane, east and west.Corona Drive at Anderson Road, west.County Road 103 at Cowell Boulevard, north.County Road 103 at Cowell Boulevard, south.Cowell Boulevard at Angela Street, eastbound and westbound.Cowell Boulevard at Dresbach Way, all-way stop.Cowell Boulevard at Pole Line Road, eastbound to southbound right turn lane, at the crosswalk.Cowell Boulevard at Pole Line Road, north from west.Covell Boulevard at Pole Line Road, westbound to northbound right turn lane, at the crosswalk.Cowell Boulevard at El Cemonte, east and west.Cowell Boulevard at Ensenada, east and west.Cowell Boulevard at Research Park Drive, westbound.Cowell Boulevard at Schmeiser Avenue, east and west.Cypress Lane at Claremont Drive, north.Cypress Drive at Drexel Drive, north.Cypress Drive at Drexel Drive, south.Cypress Lane at Tulane Drive, north and southbound.D Street at East Eighth Street, north.D Street at East Eighth Street, south.D Street at First Street, south.D Street at Fourth Street, eastbound and westbound.D Street at Fourth Street, north.D Street at Second Street, north.D Street at Second Street, south.D Street at Seventh Street, north.D Street at Seventh Street, south.D Street at Third Street, north.D Street at Third Street, south.D Street, northbound and southbound at Sixth Street.Danbury Street at Lillard Drive, northbound.Danube Avenue at Bienville Street, west.Del Oro Avenue at Anza Avenue, west.Del Oro Avenue at Anza Avenue, east.Denali Drive, northbound and southbound, at Lassen Place.Denali Drive, southbound, at Shasta Drive.Denison Drive at Baywood Lane, east.Denison Drive at Baywood Lane, west.Denison Drive at Birch Lane, east.Denison Drive at Birch Lane, west.Denison Drive at Manzanita Lane, east.Denison Drive at Manzanita Lane, west.Drummond Court at Danbury Street.Duke Drive at L Street, west.E Street at First Street, south.E Street at Second Street, north.E Street at Second Street, south.E Street at Third Street, north.E Street at Third Street, south.E Street at Fourth Street, north.E Street at Fourth Street, south.E Street at Seventh Street, north.East Eighth Street at J Street, west.East Eighth Street at J Street, north.East Eighth Street at J Street, south.East Eighth Street at Pole Line Road, west.East Ninth Street at B Street, west.East Tenth Street at B Street, west.East Eleventh Street at B Street, west.East Twelfth Street at B Street, west.Eel Avenue at Bienville Street, west.Eighth Street at J Street, eastbound.Eighth Street at Pole Line Road, east.Eisenhower Street at Calaveras Avenue, north.El Cemonte Avenue at Cowell Boulevard, north.El Cemonte Avenue at Cowell Boulevard, south.Elendil Lane at Portage Bay Avenue, east.Eleventh Street at H Street, east.Emerald Bay Drive at Danbury Street.Ensenada Drive at Cowell Boulevard, north and south.Ensenada Drive at El Macero Drive, south.Eureka Avenue at Fourteenth Street, north.Eureka Avenue at West Eighth Street, north.F Street at First Street, south.F Street at Second Street, north.F Street at Second Street, south.F Street at Fourth Street, northbound and southbound.Faro Avenue at Bueno, east.Faro Avenue at Bueno, west.Fifth Street at B Street, west.Fifth Street at Pole Line Road, east and west.Fillmore Street at Alameda Avenue, south.First Street at B Street, eastbound.First Street at B Street, west.First Street at B Street, north from west.First Street and B Street, west from north.First Street at E Street, north from west.First Street at E Street, west.First Street at F Street, westbound.Fordham Drive, eastbound and westbound at Willow Lane.Fourteenth Street at B Street, east and west.Fourth Street at A Street, west.Fourth Street at B Street, east.Fourth Street at B Street, west.Fourth Street at E Street, east and west.Fourth Street at G Street, east.Fourth Street at G Street, west.Fourth Street at I Street, north.Fourth Street at I Street, south.Fourth Street at K Street, north.Fourth Street at K Street, south.Fourth Street at L Street, east.Fourth Street, eastbound and westbound at J Street.Fremont Court at Bidwell Street, east.G Street at East Eighth Street, north.G Street at Fourth Street, north.G Street at Fourth Street, south.G Street at Second Street, north.G Street at Second Street, south.G Street at Sweet Briar Drive, north.G Street at Sweet Briar Drive, south.G Street at Third Street, north.G Street at Third Street, south.Galileo Court at Teller Avenue, eastbound.Ganges Avenue at Cabot Street, east.Ganges Place at Cabot Street, west.Glide Drive at EL Cemonte Avenue, west.Grande Avenue at Mercedes Avenue, east and west.Grande Avenue at Solito Street, east and west.Guava Place at Wake Forest Drive, north.Hamel Street at Swingle Drive, west.Hamel Street at Schmeiser Avenue, east.Hartley Street at Sloan Street, eastbound and westbound.Harvard Drive at Sycamore Lane, west.Haussler Drive at Chestnut Lane, west.Hudson Court at Portage Bay East, north.Hudson Street at Portage Bay Avenue, south.Humboldt Avenue at Arlington Boulevard, westbound.I Street at J Street.Imperial Avenue at Humboldt Avenue, south.Imperial Avenue at Humboldt Avenue, westerly intersection, southbound.J Street at Drexel Drive, northbound and southbound.J Street at Fourth Street, north.J Street at Fourth Street, south.Jerome Street at Marina Circle, west.Jerome Street (the most easterly north/south extension), at Marina Circle, south and north.L Street at Drexel Drive.Lake Boulevard at Arlington Boulevard, north.Lake Boulevard at Arlington Boulevard, south.Lake Boulevard at Marina Circle, south.Lake Boulevard at Oyster Bay Avenue, northbound.Lake Boulevard at Oyster Bay Avenue, southbound.Lake Boulevard at Portage Bay, north.Lake Terrace Circle at Lake Boulevard, east.La Vida Way at Cowell Boulevard, south.Lehigh Drive at Pole Line Road, east.Lemon Lane at Villanova, south.Lillard Drive at Danbury Street, eastbound and westbound.Lillard Drive at Ohlone Street, east and west.Loyola Drive at Poleline Road, east.Loyola Drive at Tulip Lane, east and west.M Street at Colgate Drive, north.M Street at Colgate Drive, south.Mace Boulevard at El Macero Drive, south.Mace Boulevard at westbound I-80 off ramp, north.Mace Boulevard at westbound I-80 off ramp, south.Mace Boulevard, northbound and southbound at Montgomery Avenue.Mallorca Lane at San Sebastian Street, east and west.Manzanita Lane at County Road 31, north.Manzanita Lane at Temple Drive, north.Manzanita Lane at Temple Drive, south.Marina Circle at Bermuda Avenue/Jerome Street, north and south.Marina Circle at Lake Boulevard, east.Marina Circle at Secret Bay Street, east and west.Marina Circle at Whaler Avenue/Beacon Bay Place, north and south.Miller Drive at B Street, east.Miller Drive at Russell Boulevard, south.Miller Drive at West Eight Street, north.Miller Drive at West Eight Street, south.Mills Drive at Eureka Avenue, east.Mills Drive at Oak Avenue, west.Monarch Lane at Temple Drive, northbound.Monarch Lane at Temple Drive, southbound.Montgomery Avenue (westbound) at Rosario Street.Ninth Street at H Street, east.Nutmeg Lane at Whittier Drive, north.Oak Avenue at Fourteenth Street, north.Oak Avenue at Russell Boulevard, south.Oeste Drive at Russell Boulevard, south.Oeste Drive at Rutgers Drive, northbound.Oeste Drive at West Eighth Street, north.Oeste Drive at West Eighth Street, south.Ohlone Street at Lillard Drive, southbound.Orange Lane at Radcliffe Drive, north.Oriole Avenue at Anderson Road, east and west.Overhill Lane at Westernesse Road, easterly.Oxford Circle at Wake Forest.Pennsylvania Place at J Street, east.Picasso Avenue at Renoir Avenue, south (easterly intersection).Pine Lane at Cornell Drive, north.Pine Lane at Cornell Drive, south.Plum Court at Eighth Street.Plum Lane at Eighth Street.Pole Line Road at East Eighth Street, north and south.Pole Line Road at Fifth Street, north and south.Pole Line Road at Loyola Drive, north and south.Pole Line Road at Moore Boulevard, northbound and southbound.Pole Line Road at Second Street (County Road 32A), south.Ponteverde Lane at San Rafael Street, east and west.Ponteverde Lane at the westerly intersection with Villaverde Lane, east and west.Ponteverde Lane at Tulip Lane, west.Poplar Lane at Temple Drive, south.Portage Bay at Lake Boulevard, west.Portage Bay East, south, at Russell Boulevard.Portsmouth Avenue at Jerome Street, east.Quail Street, southbound at Antelope Avenue.Radcliffe Drive at Scripps Drive, east.Redwood Lane at Scripps Drive, north.Redwood Lane at Scripps Drive, south.Redwood Lane at Fourteenth Street, south.Reed Drive at Rutgers Drive, north.Reed Drive at Rutgers Drive, south.Reed Drive at Villanova Drive, north.Regis Drive at Loyola, at its intersection with Whittier Drive.Renoir Avenue at Picasso Avenue, north (westerly intersection).Research Park Drive at Chiles Road, most westerly intersection.Research Park Drive at Da Vinci Court, all-way stop.Rice Lane at A Street, west.Rice Lane at alley, two hundred feet east of A Street, west.Rice Lane at B Street, east.Richards Boulevard at Chiles Road, east.Rivendell Lane at Bucklebury Road, easterly.Rockwell Drive at Audubon Circle and Hartley Street, all-way stop.Rosario Street at Montgomery Avenue, south.Russell Boulevard at Lake Boulevard, eastbound and westbound.Rutgers Drive at Anderson Road, west.Salem Avenue at Lake Boulevard, west.San Rafael Street at Ponteverde Lane, northbound.San Sebastian Street at Prado Lane.Santa Rosa Street at Hampton Drive.Schmeiser Avenue at Cowell Boulevard, north and south.Scripps Drive at Hanover Drive, northwest.Scripps Drive at Oak Avenue, east.Second Street at A Street, west.Second Street at B Street, east.Second Street at B Street, west.Second Street at D Street, east.Second Street at D Street, west.Second Street at E Street, east.Second Street at E Street, west.Second Street at G Street, east.Second Street at G Street, west.Second Street at Cantrill Drive, eastbound and westbound.Secret Bay Street at Marina Circle, north and south.Seventh Street at A Street, east.Seventh Street at A Street, west.Seventh Street at B Street, west.Seventh Street at D Street, east.Seventh Street at D Street, west.Seventh Street at G Street, east.Shasta Drive, eastbound, at Denali Drive.Shasta Drive, westbound, at Denali Drive.Shasta Drive at Hampton Drive, eastbound and westbound.Shasta Drive at Rio Grande Street, north and south.Sierra Madre Way at San Marino Drive, south.Sixth Street at B Street, west.Sixth Street at C Street, east.Sixth Street at C Street, west.Sixth Street at D Street, east.Sixth Street at D Street, west.Sixth Street at E Street, east.Sixth Street at E Street, west.Sixth Street at G Street, east.Sixth Street at G Street, west.Southbound Woods Circle at Woods Circle west of Lake Boulevard.South Campus Way at Russell Boulevard, south.Spafford Street at Peña Drive, west.Spring Street, northbound and southbound at Kaneko Lane.Sunrise Court at Cowell Boulevard, north.Sunset Court, east and west, at Oeste Drive.Sweet Briar Drive at G Street, west.Swingle Drive at El Cemonte Avenue, west.Swingle Drive at Hamel, north.Sycamore Lane at Cornell Drive, north and south.Sycamore Lane at Eighth Street, north.Sycamore Lane at Eighth Street, south.Sycamore Lane at Villanova, north.Sycamore Lane at the southerly intersection with Brown Drive, south.Sycamore Lane at County Road 31, north.Teller Avenue at Cowell Boulevard, northbound.Teller Avenue at Cowell Boulevard, southbound.Temple Drive at Baywood Lane, west.Temple Drive at Manzanita Lane, east.Temple Drive at Manzanita Lane, west.Temple Drive at Monarch Lane, west.Third Street at A Street, west.Third Street at D Street, eastbound and westbound.Third Street at E Street, east.Third Street at E Street, west.Third Street at F Street, all-way stop.Third Street at G Street, east.Third Street at G Street, west.Torrey Street at Rosario, east.Tulane Drive at Cypress Lane, eastbound.Tulip Lane at Loyola Drive, north.Tulip Lane at Loyola Drive, south.Tulip Lane at Temple Drive, north.University Avenue at Third Street, south.University Avenue at Fourth Street, south.University Avenue at Russell Boulevard, north.Valencia Avenue, east and west, at Almeria Street.Villanova Drive at Orange Lane, north.Villanova Drive at Orange Lane, south.Villanova Drive at Pine Lane, north.Villanova Drive at Sycamore Lane, west.Vine Street, northbound and southbound at Blanchard Lane.Vista Way at Ensenada Drive, east.Vista Way at Ensenada Drive, west.West Fourteenth Street at Oak Avenue, east.West Fourteenth Street at Oak Avenue, west.Westshore Street at Tiber Avenue, southbound.Whaler Avenue at Marina Circle, east.Willow Lane at Villanova Drive, south.Willow Lane at Radcliffe Drive, north.", "history": "(Code 1964 § 4-3.1603; Ord. 383 § 4; Ord. 386 § 1; Ord. 389 § 2; Ord. 427 § 3; Ord. 451 § 2; Ord. 476 § 1; Ord. 494 § 2; Ord. 488 § 1; Ord. 523 § 2; Ord. 535 § 1; Ord. 550 § 1; Ord. 556 § 1; Ord. 574 § 1; Ord. 577 § 1; Ord. 587 § 1; Ord. 593; Ord. 596; Ord. 597 § 1; Ord. 598 § 1; Ord. 602 § 1; Ord. 615 § 1; Ord. 616 § 1; Ord. 627 § 2; Ord. 646 § 2; Ord. 666 § 1; Ord. 671 § 1; Ord. 675 §§ 1, 2; Ord. 679 § 1; Ord. 692 § 1; Ord. 697 § 1; Ord. 700 § 1; Ord. 717 § 1; Ord. 723 § 1; Ord. 731 § 2; Ord. 735 § 1; Ord. 749 § 1; Ord. 764 § 1; Ord. 790 § 1; Ord. 791 § 2; Ord. 802 § 1; Ord. 815 § 2; Ord. 838 § 1; Ord. 854 § 1; Ord. 855 § 1; Ord. 865 §§ 1, 2; Ord. 884; Ord. 890; Ord. 898; Ord. 907 § 1; Ord. 910 § 1; Ord. 915 § 1; Ord. 923 § 1; Ord. 927 § 1; Ord. 928 § 1; Ord. 932 § 1; Ord. 935 § 1; Ord. 937 § 1; Ord. 980 § 1; Ord. 981 § 2; Ord. 989 § 1; Ord. 999 § 1; Ord. 1007 § 1; Ord. 1012 § 1; Ord. 1015 § 1; Ord. 1017 § 1; Ord. 1026 § 1; Ord. 1046 § 1; Ord. 1051 § 1; Ord. 1061 § 1; Ord. 1064 § 1; Ord. 1077 § 1; Ord. 1082 § 1; Ord. 1086 § 1; Ord. 1088 § 1; Ord. 1096 § 1; Ord. 1100 § 1; Ord. 1104 § 1; Ord. 1106 § 1; Ord. 1112 §§ 1, 2; Ord. 1122 § 1; Ord. 1131 § 1; Ord. 1143 § 1; Ord. 1155 § 1; Ord. 1160 § 1; Ord. 1163 § 1; Ord. 1165 § 1; Ord. 1171 § 2; Ord. 1185 § 1; Ord. 1193 § 1; Ord. 1199 § 1; Ord. 1203 § 1; Ord. 1209 § 1; Ord. 1217; Ord. 1219 § 1; Ord. 1234; Ord. 1250 § 1; Ord. 1263 § 2; Ord. 1276 § 1; Ord. 1288 § 1; Ord. 1289 § 1; Ord. 1301 § 1; Ord. 1308 § 1; Ord. 1321 § 1; Ord. 1362 § 1; Ord. 1367 § 1; Ord. 1368 § 1; Ord. 1372 § 1; Ord. 1379 § 1; Ord. 1391 § 3; Ord. 1396 § 1; Ord. 1398 §§ 1, 2; Ord. 1400 § 1; Ord. 1404 § 1; Ord. 1413 § 1; Ord. 1423 § 1; Ord. 1426 § 1; Ord. 1430 § 1; Ord. 1443 § 1; Ord. 1452 § 1; Ord. 1455 § 1; Ord. 1457 § 1; Ord. 1461 § 1; Ord. 1466 §§ 1, 2; Ord. 1474 § 1; Ord. 1478 § 1; Ord. 1486 § 1; Ord. 1489 § 1; Ord. 1490 § 1; Ord. 1497 § 1; Ord. 1523 §§ 1, 3; Ord. 1535 §§ 1, 2; Ord. 1559 § 1; Ord. 1572 § 1; Ord. 1583 § 1; Ord. 1603 § 1; Ord. 1637 § 1; Ord. 1649 § 1; Ord. 1667 § 1; Ord. 1671 § 1; Ord. 1674 § 1; Ord. 1678 § 1; Ord. 1710 § 3; Ord. 1714 § 1; Ord. 1727 § 2; Ord. 1729 § 1; Ord. 1734 § 1; Ord. 1736 § 1; Ord. 1753 § 1; Ord. 1778 § 1; Ord. 1804 § 1; Ord. 1869 § 1; Ord. 1882 § 1; Ord. 1915, 1997; Ord. 1918, 1997; Ord. 1919, 1998; Ord. 1934, 1998; Ord. 1947, 1998; Ord. 1962, 1998; Ord. 1963, 1998; Ord. 1964, 1998; Ord. 1999 § 1, 1999; Ord. 2001 § 1, 1999; Ord. 2079 § 1, 2002; Ord. 2157 § 1, 2004; Ord. 2187 § 1, 2004; Ord. 2188 § 1, 2004; Ord. 2198 § 5; Ord. 2225 § 1, 2005; Ord. 2240 § 1, 2006; Ord. 2256 § 1, 2006; Ord. 2258 § 1, 2006; Ord. 2284 § 1, 2001, 2007; Ord. 2286 § 1, 2007; Ord. 2329 § 1, 2008; Ord. 2389 § 1, 2012; Ord. 2400 § 1, 2012; Ord. 2404 § 1, 2013; Ord. 2425 § 1, 2013; Ord. 2475 § 1, 2016; Ord. 2479 § 1, 2016; Ord. 2519 § 1, 2018; Ord. 2610 § 1, 2021; Ord. 2611 § 1, 2021; Ord. 2613 § 1, 2021; Ord. 2673, 2/18/2025)" }, { "guid": "44638642", "number": "§ 22.07.040", "title": "Yield intersections—Conduct of drivers.", "text": "(a) The driver of any vehicle upon approaching yield right-of-way signs shall yield the right-of-way to other vehicles which have entered the intersection from an intersecting street as to constitute an immediate hazard and shall continue to yield the right-of-way to such approaching vehicles until such time as he or she can proceed with reasonable safety.(b) A driver, having so yielded, may then proceed and the drivers of all other vehicles approaching the intersection on the intersecting roadway shall yield the right-of-way to him or her.", "history": "(Ord. 427 § 1)" }, { "guid": "44638645", "number": "§ 22.07.050", "title": "Yield intersections—Intersections designated.", "text": "When signs are erected giving notice thereof, drivers of vehicles shall comply with requirements of Section 22.07.040 upon approaching any intersection described below and when proceeding in the direction indicated:Arlington Boulevard and Lake Boulevard, north to east, west to north.Chiles Road and Mace Boulevard, east to south.Covell Boulevard and Anderson Road, north to east, east to south, west to north.Covell Boulevard and Catalina Drive, south to west.Covell Boulevard and F Street, west to north.Covell Boulevard and F Street, south to west.Covell Boulevard and J Street, east to south.Covell Boulevard and Lake Boulevard, east to south and north to east.Covell Boulevard and Poleline Road, east to south.Covell Boulevard and Sycamore Lane, south to west, west to north, north to east, east to south.Covell Boulevard at Catalina Drive, north from west.Fifth Street and Poleline Road, south to west, west to north, north to east, east to south.First Street at B Street, west to north.Hanover Street and Covell Boulevard, north to east.J Street and Covell Boulevard, north to east.L Street and Covell Boulevard, north to east.Mace Boulevard and Chiles Road, north to east.Olive Drive and Richards Boulevard, north to east.Oxford Circle, south side, eastbound.Pennsylvania Place and Eighth Street, on Pennsylvania Place one hundred feet west of Hunt Way.Russell Boulevard and B Street, east.Second Street and L Street, east.Teller Avenue at Chiles Road, northbound to eastbound right turn lane.", "history": "(Ord. 427 § 2; Ord. 456 § 1; Ord. 460 § 2; Ord. 495 § 1; Ord. 523 § 2; Ord. 543 § 2; Ord. 616 § 2; Ord. 627 § 3; Ord. 646 § 3; Ord. 731 § 1; Ord. 791 § 1; Ord. 938 § 1; Ord. 981 § 1; Ord. 1017 § 2; Ord. 1138 §§ 1, 2; Ord. 1163 § 2; Ord. 1277 § 1; Ord. 1290 § 1; Ord. 1322 § 1; Ord. 1461 §§ 2, 3; Ord. 1489 § 2; Ord. 1562 § 1)" }, { "guid": "44638646", "number": "§ 22.07.060", "title": "Stop lanes designated.", "text": "When signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance to those intersections described as follows, when proceeding in the direction indicated, and when proceeding in the lane designated: none.", "history": "(Ord. 383 § 6; Ord. 1000 § 1)" }, { "guid": "44638647", "number": "§ 22.07.070", "title": "Vehicles emerging from alleys, driveways, etc.", "text": "The driver of a vehicle emerging from an alley, driveway, building or parking lot shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway.", "history": "(Ord. 1964 § 4-3.703)" } ] }, { "guid": "44638648", "title": "STOPPING, STANDING AND PARKING", "number": "22.08", "url": "https://ecode360.com/44638648", "sha256": "784e1e3bdcefa93e44929c0e0091bd88c704e0e04e6a4af5d22a736ef98c1ee2", "exportedArticleSha256": "5023311fd9d5dfef16edba8716de33273ab3f6c872ed2d2741cd30dd231d7c1c", "sections": [ { "guid": "44638649", "number": "§ 22.08.010", "title": "Applicability of article.", "text": "(a) The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified in this chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.(b) The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code of the state or any ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.", "history": "(Code 1964 § 4-3.1001)" }, { "guid": "44638652", "number": "§ 22.08.020", "title": "Enforcement and prosecution.", "text": "A comprehensive schedule of civil fines and penalties for parking violations and late payment penalties shall be set by resolution of the city council.", "history": "(Ord. 1722 § 1; Ord. 2089 § 1, 2002; Ord. 2095 § 1, 2002; Ord. 2288 § 1, 2007)" }, { "guid": "44638653", "number": "§ 22.08.030", "title": "Restrictions generally.", "text": "The city traffic engineer shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any of such places:(a) At any place within twenty feet of a point on the curb immediately opposite the mid-block end of a safety zone.(b) At any place within twenty feet of a crosswalk at an intersection in the central traffic district or in any business district except that a bus may stop at a designated bus stop.(c) Within twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device.(d) At any place where the city traffic engineer determines that it is necessary in order to eliminate dangerous traffic hazards.", "history": "(Code 1964 § 4-3.1009; Ord. 2664, 8/27/2024)" }, { "guid": "44638658", "number": "§ 22.08.040", "title": "Stopping, standing, etc., in parkways prohibited.", "text": "No person shall stop, stand or park a vehicle within any parkway.", "history": "(Code 1964 § 4-3.1002)" }, { "guid": "44638659", "number": "§ 22.08.050", "title": "Use of streets for storage of vehicle prohibited.", "text": "(a) No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street, alley or city parking lot for more than a consecutive period of one hundred twenty hours without driving such vehicle.(b) In the event a vehicle is parked or left standing upon a street, alley or city parking lot in excess of one hundred twenty hours without being driven, any member of the police department authorized by the chief of police may remove such vehicle from the street, alley or city parking lot in the manner and subject to the requirements of the Vehicle Code of the state.(c) Vehicle, for the purposes of this section, means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.(d) Driving and driver, for the purposes of this section, mean moving a vehicle under its own power. Driving and driver, for the purposes of this section, do not include pushing a vehicle.", "history": "(Code 1964 § 4-3.1003; Ord. 357; Ord. 1557 § 1)" }, { "guid": "44638664", "number": "§ 22.08.060", "title": "Use of streets for selling, repairing, washing, etc., of vehicles.", "text": "No person shall park a vehicle upon any roadway for the principal purpose of:(a) Displaying such vehicle for sale;(b) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency, and except such washing as may be done by the occupant of a dwelling in a roadway adjacent to such dwelling; provided, that no vehicle shall be washed upon any roadway in the central traffic district.", "history": "(Code 1964 § 4-3.1004)" }, { "guid": "44638667", "number": "§ 22.08.070", "title": "Parallel parking on one-way streets.", "text": "(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.(b) In the event a street includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking.(c) The city traffic engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a street having two or more separate roadways and shall erect signs giving notice thereof.(d) The requirement of parallel parking shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the centerline of the street and does not block traffic thereby.", "history": "(Code 1964 § 4-3.1005)" }, { "guid": "44638672", "number": "§ 22.08.080", "title": "Angle parking—Regulations.", "text": "(a) Whenever any ordinance of this city designates and describes any street or portion thereof upon which angle parking shall be permitted, the city traffic engineer shall mark or sign such street indicating the angle at which vehicles shall be parked.(b) When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings with the right front wheel of the vehicle within eighteen inches of the curb or edge of the street.", "history": "(Code 1964 § 4-3.1006)" }, { "guid": "44638675", "number": "§ 22.08.090", "title": "Angle parking—Streets where permitted designated.", "text": "In accordance with Section 22.08.080, and when signs or markings are in place giving notice thereof, drivers of vehicles may stand or park a vehicle only as indicated by such marks or signs on the following streets or portions thereof:C Street, between First and Third Streets, west side.C Street, between Third Street and Sixth Street, west side of street.D Street, between Fifth and Second Streets, west side.E Street, between Third and Fourth Streets, west side of street. Fourth Street, from B to C Streets, north side.Fourth Street, from C Street and D Street, north side.Fourth Street, from D Street to S.P.R.R., south side.G Street, between First Street and Second Street, east side of street.G Street, between Second Street and Third Street, both sides of street.G Street, from Fourth Street, a distance of three hundred ten feet south on the east side.Second Street, between C and F Streets, south side of street.Second Street, between F Street and H Street, both sides of street.Sixth Street, between D Street and E Street, south side of street.", "history": "(Code 1964 § 4-3.1605; Ord. 1232; Ord. 1293 § 1; Ord. 1390; Ord. 1592 § 1; Ord. 1626; Ord. 1781 § 1; Ord. 1870 § 1; Ord. 2130 § 1, 2003; Ord. 2142 § 1, 2005)" }, { "guid": "44638676", "number": "§ 22.08.100", "title": "Parking adjacent to schools.", "text": "(a) The city traffic engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation.(b) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.", "history": "(Code 1964 § 4-3.1007; Ord. 2664, 8/27/2024)" }, { "guid": "44638679", "number": "§ 22.08.110", "title": "Commercial truck parking permitted.", "text": "In accordance with this section, and when signs or markings are in place giving notice thereof, commercial truck is not on an approved truck route are permitted to be parked only as indicated by such marks or signs on the following streets or portions thereof:Chiles Road from Mace Boulevard to the west curb extension of El Cemonte Avenue, north side.Chiles Road from two hundred seventy-five feet east of Mace Boulevard to five hundred thirty feet east of Mace Boulevard, south side.El Cemonte Avenue, from fifty feet south of the south curb extension of Chiles Road to twenty feet north of the south curb extension of Glide Drive, west side.", "history": "(Ord. 1897, 1997)" }, { "guid": "44638680", "number": "§ 22.08.115", "title": "Commercial vehicle parking prohibited.", "text": "In accordance with this section, and when signs or markings are in place giving notice thereof, commercial vehicles are prohibited from parking more than eighteen inches from the curb between the hours of 12:00 p.m. and 1:30 p.m., Monday through Saturday, for the following street locations:(a) D Street between First Street and Third Street.(b) E Street between First Street and Fourth Street.(c) F Street between First Street and Fourth Street.(d) G Street between First Street and Fourth Street.(e) First Street between D Street and G Street.(f) Second Street between D Street and H Street.(g) Third Street between D Street and G Street.(h) Fourth Street between E Street and G Street.(i) H Street between Second Street and Third Street.(j) Third Street between G Street and the UPRR tracks.(k) Fourth Street between G Street and the UPRR tracks.", "history": "(Ord. 2478 § 2, 2016)" }, { "guid": "44638692", "number": "§ 22.08.120", "title": "Parking on narrow streets.", "text": "(a) The city traffic engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.(b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.", "history": "(Code 1964 § 4-3.1008; Ord. 2664, 8/27/2024)" }, { "guid": "44638695", "number": "§ 22.08.130", "title": "Parking on city property—Generally.", "text": "(a) Whenever the city manager shall determine that the orderly, efficient conduct of the city's business requires that parking or standing of vehicles on city property be prohibited, limited or restricted, the city manager shall have the power and authority, pursuant to California Vehicle Code Sections 22651(n) and 21113(c), to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted, and that vehicles in violation may be removed.(b) When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. When such signs so state, vehicles in violation may be removed in the manner permitted by the vehicle code.", "history": "(Code 1964 § 4-3.1206; Ord. 1294 § 1)" }, { "guid": "44638698", "number": "§ 22.08.140", "title": "Parking on private property.", "text": "(a) Except as may be required by any other ordinance, regulation, statute or use entitlement or permit, the owner or person in lawful possession of a privately owned and maintained off-street parking lot or facility, may prohibit or restrict parking at such lot or facility.(b) When public parking is prohibited or restricted, the owner or person in lawful possession or their agent shall display in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting or restricting public parking, indicating that violators' vehicles may be removed at the vehicle owner's expense and that violators may be cited by the Davis police department. The sign shall also display the telephone number of the Davis Police Department (747-5400) and a reference to California Vehicle Code Section 22658 (CVC 22658).(c) When signs required by subsection (b) of this section are in place, no person shall park or stand any vehicle contrary to the directions or provisions of such signs or other signs or markings on the premises. Violators may be cited by the police department pursuant to this section or pursuant to any other provisions of state law or city ordinance.(d) If an authorized sign is displayed in plain view at each entrance to the property and the owner or person in lawful possession of private property desires patrol enforcement in addition to the issuance of a citation upon the request of the owner or person in lawful possession, the owner or person in lawful possession may request patrol enforcement by the city parking enforcement authority of parking restrictions stated in the authorized sign. Any owner or person in lawful possession of private property located within the core area who requests parking restrictions by the city parking enforcement authority pursuant to this section shall enter into an agreement with the city setting a fee to be paid by the person requesting the city patrol private parking enforcement service.", "history": "(Ord. 1243 § 1; Ord. 1797 § 2; Ord. 1960 § 1)" }, { "guid": "44638703", "number": "§ 22.08.150", "title": "Municipal parking structure—Restrictions on use.", "text": "It shall be unlawful and a misdemeanor for any person to enter, be upon the premises, or remain upon the premises of the parking areas, stairwells, halls, elevator and parking area approach and departure ramps of the structure located at 101 F Street in the city, unless that person is on the premises for the purpose of parking a vehicle or retrieving a vehicle. This section shall not apply to city employees acting within the scope of their employment, or any other person authorized to enter by the city.", "history": "(Ord. 1534 § 1)" }, { "guid": "45086370", "number": "§ 22.08.155", "title": "E Street Plaza Parking Lot.", "text": "(a) It shall be unlawful for any person to enter or remain in or upon the public parking commonly known as the E Street Plaza Parking Lot, located between E and F Streets and 2nd and 3rd Streets, unless that person is on the premises for the purpose of parking a vehicle, riding in a vehicle at that time that is lawfully parked therein, or when proceeding to and from a vehicle lawfully parked or retrieving a vehicle. This section shall not apply to city employees acting within the scope of their employment, or any other person authorized to enter by the city.(b) It shall be unlawful for any person to enter or remain in the E Street Plaza Parking Lot, except for the purpose of proceeding to or from a vehicle lawfully parked therein.(c) It shall be unlawful for any person to remain within, or in or upon any vehicle located within the E Street Plaza Parking Lot, except for a period of time, not to exceed fifteen minutes, reasonably necessary to either park or exit a vehicle or to enter a vehicle and exit the E Street Plaza Parking Lot.(d) Any violation of this section shall be a misdemeanor.", "history": "(Ord. 2657, 5/7/2024)" }, { "guid": "44638704", "number": "§ 22.08.160", "title": "Enforcement within county parking lot.", "text": "Pursuant to an agreement between the city and the county of Yolo, the city shall provide enforcement of parking regulations and restrictions, as provided in this article, within the parking lots adjacent to the county office building located within the city at 600 A Street. All entrances of the north parking lot shall be posted by the county according to statute and also where required by city staff. All entrances of the south parking lot shall be posted by the city according to statute and also where required by city staff.", "history": "(Ord. 1597 § 1)" }, { "guid": "44638705", "number": "§ 22.08.170", "title": "Parking on city streets—Generally.", "text": "(a) Whenever the city traffic engineer shall determine that the orderly, efficient movement of vehicles requires that parking or standing of vehicles on city streets be prohibited, limited or restricted, the city traffic engineer shall have the power and authority, pursuant to California Vehicle Code Section 22651(n), to order signs erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted, and that vehicles in violation may be removed.(b) When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. When such signs so state, vehicles in violation may be removed in the manner permitted by the Vehicle Code.", "history": "(Ord. 1834 § 3; Ord. 2664, 8/27/2024; Ord. 2684, 3/3/2026)" }, { "guid": "44638708", "number": "§ 22.08.180", "title": "Enforcement of parking restrictions within the school district parking lot at 526 B Street.", "text": "Pursuant to an agreement between the city and the Davis Joint Unified School District, the city shall provide enforcement of parking regulations and restrictions, as provided in this article, within the parking lot owned by the school district located at 526 B Street, Davis. All entrances to the parking lot shall be posted by the district as required by state law. Additional signs shall be posted as required by the city.When signs are posted, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. When signs so state, vehicles in violation may be removed in the manner permitted by the Vehicle Code.", "history": "(Ord. 1698 § 1)" }, { "guid": "44638709", "number": "§ 22.08.190", "title": "Parking space markings.", "text": "The city traffic engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.", "history": "(Code 1964 § 4-3.1205)" }, { "guid": "44638710", "number": "§ 22.08.200", "title": "Emergency parking restrictions.", "text": "(a) Whenever the city traffic engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the city traffic engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the city traffic engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the city traffic engineer shall cause such signs to be removed promptly thereafter.(b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.", "history": "(Code 1964 § 4-3.1011)" }, { "guid": "44638713", "number": "§ 22.08.220", "title": "Bicycle parking zones.", "text": "When the city traffic engineer shall determine that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, he or she is hereby authorized to set aside a space on the street not more than thirty-six feet in length for the parking of bicycles during such hours of such days as are found by him or her to be best suited for the accomplishment of the purposes set forth in this section. When a bicycle parking zone is so established, the city traffic engineer shall cause appropriate signs to be posted thereat during such hours, giving notice that parking of other vehicles is prohibited. No person shall stop, stand or park any other vehicle in front of such zone while such signs are in place.", "history": "(Code 1964 § 4-3.1107)" }, { "guid": "44638714", "number": "§ 22.08.230", "title": "Curb markings.", "text": "(a) The city traffic engineer is authorized, subject to the provisions and limitations of this chapter, to place the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meanings as herein set forth.(1) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code of the state, and except that a bus may stop in a red zone marked or signed as a bus zone.(2) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sunday and holidays for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than thirty minutes.(3) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sunday and holidays and except as follows:(A) When such zone is in front of a hotel or in front of a mail box, the restrictions shall apply at all times.(B) When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed.(4) Green shall mean no standing or parking for longer than twenty minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sunday and holidays, unless the city traffic engineer with the approval of the traffic committee has placed signs indicating that standing or parking for a longer period is permitted.Green curb marking, beginning sixty-five feet south of the southerly curb line of Third Street, extending south forty feet on the east side of F Street, shall provide for standing or parking no longer than twenty minutes at any time, twenty-four hours a day, every day.(b) When the city traffic engineer, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.", "history": "(Code 1964 § 4-3.1102; Ord. 1850 § 1; Ord. 2664, 8/27/2024)" }, { "guid": "44638723", "number": "§ 22.08.240", "title": "Reduction of no parking restriction at fire hydrants.", "text": "(a) In accordance with Section 22514(b) CVC, the city traffic engineer is hereby authorized to reduce the distance within which a vehicle may be parked to a fire hydrant. The minimum distance within which a vehicle may be parked to a fire hydrant that is located within ten feet of a corner or, located within ten feet of an area that is designated for no parking that runs continuously to a corner is ten feet. This provision will only apply to the city's central traffic district as defined in the city code and only at locations that have been designated by the placement of signs or markings.(b) In all locations outside the central traffic district, and mid-block locations within the central traffic district that do not meet the aforementioned criteria, vehicles may not be parked within fifteen feet of a fire hydrant and are subject to citation and towing.", "history": "(Ord. 1664 § 1; Ord. 2664, 8/27/2024)" }, { "guid": "44638726", "number": "§ 22.08.245", "title": "Forty-five-minute parking between 7:00 a.m. and 4:00 p.m. Monday through Friday (Saturday, Sunday and holidays excluded).", "text": "West Fourteenth Street, north side, from Oak Avenue to two hundred ninety feet east.", "history": "(Ord. 2120 § 1, 2003)" }, { "guid": "44638727", "number": "§ 22.08.250", "title": "Parking time zones—One hour, 9:00 a.m. to 6:00 p.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sunday and holidays, on any of the following streets for a period of time longer than one hour: None.", "history": "(Code 1964 §§ 6-3.1201, 4-3.1606; Ord. 752 § 2; Ord. 773 § 3; Ord. 1062 § 1; Ord. 1235 § 3; Ord. 1414 § 1)" }, { "guid": "44638728", "number": "§ 22.08.255", "title": "Reparking restrictions in timed parking zones within and around the downtown core area.", "text": "(a) On-street parking on a city street. A vehicle will be deemed to have been stopped, parked or left standing for longer than the time allowed in this section, if it has not been moved at least \"out of the block face\" following the expiration of the posted time limit in a timed parking zone. A \"block face\" consists of the legal parking spaces on both sides of the street on a block (in which the vehicle is parked), bounded by an intersection at each end. A vehicle may not re-park in the same block face sooner than a \"timeout period\" (equal to double the posted time limit) following the time at which a vehicle was initially parked.(b) Off-street parking in a city-owned/leased parking lot or structure. A vehicle will be deemed to have been stopped, parked or left standing for longer than the time allowed in this section, if it has not been moved out of the parking lot or structure following the expiration of the posted time limit in a timed parking zone. A vehicle may not re-park in the same parking lot or structure sooner than a timeout period (equal to double the posted time limit) following the time at which a vehicle was initially parked.(c) Scope. The re-parking restriction shall apply to all vehicles parked in timed parking zones, where signage has been posted, indicating prominently thereon the re-parking restrictions, in the following areas:Downtown Core Area, defined as the area bounded by 5th Street on the north, 1st Street on the south, A Street on the west, and the Union Pacific railroad tracks on the east.B Street, between 5th Street and 7th Street, east side of street.C Street, between 5th Street and 6th Street, west side of street.G Street, between 5th Street and a point approximately one hundred feet north, east side of street.G Street, between 6th Street and a point approximately two hundred sixty feet north, east side of street.I Street, between 3rd Street and the Union Pacific railroad tracks, west side of street.I Street, between 3rd Street and a point approximately forty-five feet south, east side of street.3rd Street, between I Street and the Union Pacific railroad tracks, both sides of street.4th Street, between I Street and the Union Pacific railroad tracks, both sides of street.6th Street, between B Street and C Street, south side of street.(d) Exceptions. The three-minute passenger loading zones (marked with white curb painting) and twenty-minute limited parking zones (marked with green curb painting) in the downtown core area shall be exempt from the re-parking restrictions.", "history": "(Ord. 2245 § 1, 2006)" }, { "guid": "44638733", "number": "§ 22.08.260", "title": "Parking time zones—One hour, 8:00 a.m. to 10:00 p.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of 8:00 a.m. and 10:00 p.m. of any day on any of the following streets for a period of time longer than one hour:A Street, east side, from Third Street north eighty-four feet.A Street, east side, from Third Street south ninety-four feet.Second Street, north side, from B Street to the easterly line of the driveway entrance.Third Street, north side, from B Street to forty-five feet west of the alley.Third Street, north side, from University Avenue east one hundred two feet.Third Street, north side, from University Avenue west one hundred thirty-five feet.University Avenue, west side, from Third Street, south sixty feet.University Avenue, west side, from Third Street, north seventy-six feet.", "history": "(Ord. 1762 § 1; Ord. 1779 § 1; Ord. 1796 § 1)" }, { "guid": "44638734", "number": "§ 22.08.265", "title": "Two-hour parking between 8:00 a.m. and 6:00 p.m. Monday through Friday (Saturdays, Sundays and holidays excluded).", "text": "Third Street between I and K Streets, south side.Third Street between I and L Street, north side.Fourth Street between J and L Streets, north side.Fourth Street between K and L Streets, south side.I Street, from Third Street to the north to approximately fifty feet south, east side.J Street between Second and Fifth Streets, both sides.K Street between Second and Fifth Streets, west side.K Street between Third and Fifth Streets, east side.", "history": "(Ord. 2277 § 1, 2007; Ord. 2579 § 1, 2020)" }, { "guid": "44638735", "number": "§ 22.08.270", "title": "Parking time zones—One hour, 5:00 p.m. to 10:00 p.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of 5:00 p.m. and 10:00 p.m. of any day on any of the following streets for a period of time longer than one hour:Third Street, south side from B Street west to University Avenue.", "history": "(Ord. 1762 § 1)" }, { "guid": "44638736", "number": "§ 22.08.275", "title": "Ninety-minute parking between 8:00 a.m. and 6:00 p.m. Monday through Friday (Saturdays, Sundays and holidays excluded).", "text": "Anderson Road, west side beginning at southern driveway at Cesar Chavez Elementary School to approximately one hundred sixteen feet south.B Street, from Second Street to Third Street, east side of street.C Street, from First Street to Fifth Street, both sides of street.D Street, from Third Street to Fifth Street, both sides of street.E Street, from Fourth Street to Fifth Street, both sides of street.F Street, from Fourth Street to Fifth Street, east side of street.First Street, from B Street to E Street, north side of street.Third Street, from B Street to C Street, both sides of street.Fourth Street, from C Street to E Street, both sides of street.", "history": "(Ord. 2144 § 1, 2003; Ord. 2158 § 1, 2004; Ord. 2171 § 1, 2005; Ord. 2248 § 1, 2006; Ord. 2457 § 1, 2015)" }, { "guid": "44638737", "number": "§ 22.08.280", "title": "Two-hour parking between 8:00 a.m. and 6:00 p.m. Monday through Saturday (Sundays and holidays excluded).", "text": "B Street, from First Street to a point approximately one hundred feet south of Second Street, east side of street.B Street, from Fifth Street to Sixth Street, east side of street.C Street, from Fifth Street to Sixth Street, west side of street.D Street, from First Street to Third Street, both sides of street.E Street, from a point approximately one hundred feet north of First Street to Fourth Street, both sides of street.F Street, from a point approximately one hundred feet north of First Street to Fifth Street, west side of street.F Street, from First Street to Fourth Street, east side of street.G Street, from First Street to Fifth Street, both sides of street.G Street, from Fifth Street to a point approximately one hundred feet north, east side of street.G Street, from Sixth Street to a point approximately two hundred sixty feet north, east side of street.I Street, from the Union Pacific railroad tracks to Third Street, west side of street.I Street, from a point approximately forty-five feet south of Third Street to Third Street, east side of street.First Street, from F Street to a point approximately seventy feet east of F Street, north side of street.Second Street, from B Street to H Street, both sides of street.Third Street, from C Street to I Street, both sides of street.Fourth Street, from E Street to G Street, north side of street.Fourth Street, from E Street to the Union Pacific railroad tracks, south side of street.Fourth Street, north side, from G Street east to the driveway into the parking structure.Sixth Street, from B Street to C Street, south side of street.Alley East of G Street, from First Street to Second Street, both sides of street.Alley East of G Street, from Third Street to Fourth Street, west side of street.City Parking Lot located at 23 Russell Boulevard, also known as the \"City Hall Lot.\"City Parking Lot located at 317 F Street, also known as the \"North F Street Lot.\"City Parking Lot located at 320 G Street, also known as the \"North G Street Lot.\"City Parking Lot located at 210 G Street, also known as the \"South G Street Lot.\"", "history": "(Code 1964 §§ 4-3.1202, 4-3.1607; Ord. 345; Ord. 369; Ord. 386 § 2; Ord. 439 § 1; Ord. 460 § 1; Ord. 523 § 5; Ord. 531 § 2; Ord. 565 § 1; Ord. 572 § 1; Ord. 670 § 1; Ord. 680 § 1; Ord. 718 § 1; Ord. 758 § 1; Ord. 759 §§ 1, 2; Ord. 763 § 1; Ord. 773 § 2; Ord. 933 §§ 1, 2; Ord. 939 §§ 1, 2; Ord. 995 §§ 1, 2; Ord. 1020 §§ 1, 2; Ord. 1035 § 1; Ord. 1118 §§ 1, 2; Ord. 1151 § 2; Ord. 1235 §§ 1, 2; Ord. 1255 § 1; Ord. 1287 § 1; Ord. 1414 § 2; Ord. 1463 §§ 1, 2; Ord. 1551 § 1; Ord. 1701 § 1; Ord. 1741 § 1; Ord. 1843 §§ 1, 2; Ord. 1855 § 2; Ord. 1914, 1997; Ord. 1942, 1998; Ord. 2169 § 1, 2005; Ord. 2227 § 1, 2005; Ord. 2248 § 2, 2006; Ord. 2312 § 2, 2008; Ord. 2385 § 1, 2012; Ord. 2409 § 1, 2013)" }, { "guid": "44638738", "number": "§ 22.08.285", "title": "Ninety-minute parking between 8:00 a.m. and 6:00 p.m. Monday through Saturday (Sundays and holidays excluded).", "text": "H Street, from Second Street to Third Street, east side of street.", "history": "(Ord. 2171 § 2, 2005; Ord. 2248 § 3, 2006)" }, { "guid": "44638739", "number": "§ 22.08.290", "title": "Two-hour parking between 8:00 a.m. and 12:00 p.m. Monday through Saturday (Sundays and holidays excluded).", "text": "F Street, from First Street to a point approximately one hundred feet north of First Street, west side of street.", "history": "(Ord. 1843 § 3; Ord. 2248 § 4, 2006)" }, { "guid": "44638740", "number": "§ 22.08.295", "title": "Two-hour parking between 7:00 a.m. and 4:00 p.m. Monday through Friday (Saturday, Sunday and holidays excluded).", "text": "Oak Avenue, west side between Scripps Drive and Covell Boulevard.West Eighth Street, south side between Oeste Drive and Oak Avenue.", "history": "(Ord. 2104 § 1, 2003)" }, { "guid": "44638741", "number": "§ 22.08.300", "title": "Three-hour parking between 8:00 a.m. and 6:00 p.m. Monday through Friday (Saturday, Sunday and holidays excluded).", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday on the following streets or in the following locations for a period of time longer than three hours:Municipal parking structure at 101 F Street, all levels.", "history": "(Ord. 1883 § 1; Ord. 2231 § 1, 2006)" }, { "guid": "44638742", "number": "§ 22.08.305", "title": "Parking timed zones—Four hours, 8:00 a.m. to 6:00 p.m.", "text": "When authorized signs for electric vehicle parking are in place giving notice thereof, no person shall stop, stand or park any electric vehicle between the hours of 8:00 a.m. Monday through Friday in designated electric vehicle parking spaces for a period of time longer than four hours. Nothing in this section shall preclude a person from parking an electric vehicle in a designated electric vehicle parking space if the electric vehicle may lawfully be parked for more than four hours in that parking space, including parking in the Amtrak train depot parking lot for an unlimited duration of time if that person has received a parking pass from Amtrak.", "history": "(Ord. 2087 § 2, 2002)" }, { "guid": "44638743", "number": "§ 22.08.310", "title": "Parking prohibited at all times.", "text": "When signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets, parts of streets, alleys or parts of alleys:A Street, from Russell Boulevard one hundred twenty feet north of the north side of Russell Boulevard, both sides of the street.A Street, from Russell Boulevard one hundred twenty feet south of the side of Russell Boulevard, east side of the street.Alegre Way, south side, from Entrada Drive to Arroyo Avenue.Alhambra Drive.Alley north/east of intersection of Richards Boulevard and Research Park Drive that runs from Richards Boulevard north to Research Park Drive, South Davis Plaza - east side of alley entire length.Alley north/east of intersection of Richards Boulevard and Research Park Drive that runs from Research Park Drive west to other alley, South Davis Plaza - south side of alley entire length.Alvarado Avenue, north side of street, from a point one hundred sixty-five feet west of the intersection with Espana Court to a point eighty feet west of said point.Alvarado Avenue, north side of street, from a point two hundred eighty-five feet east of the intersection with Anderson Road to a point eighty feet east of said point.Alvarado Avenue, north side of street, from a point two hundred feet east of the intersection with Sycamore Lane to a point eighty feet east of said point.Alvarado Avenue, south side of the street, between the east line of the greenbelt and the easterly right-of-way line of Fortuna Court, extended.Alvarado Avenue, south side of the street, between the east line of the greenbelt and a point one hundred fifty feet east of the centerline of Fortuna Court.Alvarado Avenue, from the west curb extension of Anderson Road west one hundred thirty feet, north and south sides.Alvarado Avenue from the east curb extension of Anderson Road, east one hundred thirty feet, north and south sides.Alvarado Street, east of Catalina Drive.Anderson Road, Alvarado Avenue to the north city limits west side of the street.Anderson Road, Bianco Court to the north city limits, east side of the street.Anderson Road, east side of street, from a point two hundred fifty-five feet south of the intersection with Bianco Court to a point eighty feet south of said point.Antelope Avenue, between Quail Street and a point two hundred feet west of Quail Street, north side.Antelope Avenue, Sycamore Lane to Sparrow Court, south side.Anderson Road between Covell Boulevard and Alvarado Avenue, both sides of street.Anderson Road, from the north curb extension of Alvarado Avenue north one hundred ninety feet, east side only.Anderson Road, east side, from Russell Boulevard to a point five hundred thirteen feet north of the north right-of-way line of Russell Boulevard.Arlington Boulevard, both sides, between Russell Boulevard and Lake Boulevard.Arlington Boulevard, west side of street, from a point fifty-five feet south of the intersection with Calaveras Avenue to a point eighty feet south of said point.Arlington Boulevard, west side of street, from a point seventy-five feet south of the intersection with Bucklebury Road to a point eighty feet south of said point.Arnold Street, from Cowell Boulevard to Concord Avenue, both sides of the street.Arroyo Avenue, west side from Alhambra Drive to southerly property line of 4332 Arroyo Avenue.Arroyo Avenue, south and east sides, from the west property line of 3604 Arroyo Avenue east and north to one hundred seventy feet north of the northerly property line of 4246 Arroyo Avenue.Arroyo Court, west side.B Street, west side, from First Street to Rice Lane.B Street, east side, between Third and Fourth Streets.B Street between Seventh Street and Fourteenth Street, both sides.Bella Casa Street.Bendita Court, west side.Bianco Court, west of Anderson Road, both sides of the street.Bombadil Lane, both sides.Bree Lane, both sides. Bucklebury Road, both sides.Campanilla Court, east side.Cantrill Drive, both sides, from Fifth Street to Second Street.Cassatt Avenue, east side.Catalina Drive, east side of street, from a point one hundred feet south of the intersection with Alvarado Avenue to a point eighty feet south of said point.Catalina Drive, east side, from Covell Boulevard to one hundred ten feet north of Covell Boulevard.Catalina Drive, west side, from Covell Boulevard to one hundred eighty feet north of Covell Boulevard.Cezanne court (cul-de-sac) in its entirety.Chiles Road, north side, between Mace Boulevard and Ensanada Drive.Chiles Road, south side, from Mace Boulevard to a point seven hundred forty feet west of Mace Boulevard.Colina Court, west side.Condor Street, both sides.Conner Avenue, from Pole Line Road to Biowell Avenue, south side of street.Covell Boulevard, between the west city limits and Pole Line Road.Covell Boulevard, both sides, between Pole Line Road and easterly city limits.Cowell Boulevard (formerly Chiles Road), south side, from Drummond Avenue to a point one thousand three hundred fifty feet west of Drummond Avenue.Cowell Boulevard, north side, from one hundred five feet west of La Vida Way to Drummond Avenue.Cowell Boulevard, north side, from Drummond Avenue to Research Park Drive.Cowell Boulevard, south side, from Greene Terrace to nine hundred thirty feet east.Cowell Boulevard, south side, from the west curb of Ohlone Street two hundred feet west.Cowell Boulevard, south side, from the east curb extension of Ohlone Street to the west curb extension of Washoe Street.Cranbrook Court, all curb lines within the loop to the easterly curb returns.Creekhollow Lane, both sides.Cresta Court, east side.Danbury Street, east and west sides, from Montgomery Avenue to Lillard Drive.Da Vinci Court, both sides.Drake Drive, north side of street, from a point one hundred forty feet west of Apple Lane/Drake Drive curve to a point eighty feet west of said point.Drummond Avenue, east side, from four hundred sixty to five hundred eighty feet south of Lillard Drive.Drummond Avenue, west side, from five hundred eighty to seven hundred feet south of Lillard Drive.Drummond Avenue, west side, from Albany Avenue to Cowell Boulevard.Drummond Avenue, from Albany Avenue to Lillard Drive, west side.E Street, both sides, from First Street to a point one hundred feet north thereof.East Eighth Street, north side, between B Street and the Southern Pacific Railroad tracks.East Eighth Street, south side, between B Street and the Southern Pacific Railroad tracks.El Cemonte Avenue, west side of street, from a point sixty-five feet south of the intersection with Glide Drive to a point eighty feet south of said point.Elendil Lane, both sides.Evanstar Lane, north side, west of Arlington Boulevard.Evanstar Lane, west end in cul-de-sac bulb.Evanstar Lane, south side, adjacent to Lot GB-18 of Village Homes Unit 4.F Street, east side, between Covell Boulevard and north city limits.F Street, east side, from the north side of Fourteenth Street to a point one hundred forty-one feet north.F Street, west side, from Bueno Drive to north city limits.F Street, east side of street, from a point eight feet north of the intersection with Twelfth Street to a point eighty feet north of said point.F Street, east side of street, from a point one hundred five feet north of the intersection with Eighth Street to a point eighty feet north of said point.Farallon Street, east side, between Morro Bay Avenue and Seabright Avenue.Fifth Street, from a point nine hundred feet east of L Street to Pole Line Road, north side of street.Fifth Street, between B Street and C Street, both sides of the street.Fifth Street, south side of street, from a point forty-five feet west of the intersection with K Street to a point eighty feet west of said point.Fifth Street, from L Street to Pole Line Road, south side of street.Fifth Street, from Pole Line Road to Alhambra Drive.First Street, from A Street to a point thirty-five feet east of the centerline of Old Davis Road, north side of street.First Street, north side, one hundred feet east and west of E Street.First Street, north side, from F Street to E Street.First Street, corner of G Street, around corner to entrance of fraternity house at 705 First Street, on both sides of street.Fourth Street, north side, from G Street to a point approximately two hundred sixty feet east.Fremont Court, inner circle curb only.Gaugin Place, south side.Glacier Drive, south side, from west curb line of Olympic Drive west one hundred ten feet.Glacier Place, south side.Goldberry Lane, both sides.H Street, west side, Eighth Street to Sweet Briar Drive.Hudson Court, between driveways of 504 and 505 Hudson Court.Humboldt Avenue, west side of street, from a point one hundred seventy-five feet north of the intersection with Arthur Street to a point eighty feet west of said point.Imperial Avenue, south side, from Humboldt Avenue east one hundred fifty-five feet.J Street, west side of street, from a point twelve feet north of the intersection with Alice Street to a point eighty feet north of said point.J Street, east side, from a point fifty-four feet north of the intersection with Menlo Drive to a point eighty feet north of said point.Kendall Way, entire length, both sides.Ladera Court, east side.Lake Boulevard, east side, from south line of Arlington Boulevard to a point nine hundred ten feet southerly.Lake Boulevard, east side, from a point approximately seven hundred sixty feet south of Arlington Boulevard to Arlington Boulevard.Lake Boulevard, west side, from a point five hundred eighty feet north of the north line of Lake Terrace Circle to a point south of the alley approximately three hundred fifty feet south of Arlington Boulevard.Lake Boulevard, west side, from Russell Boulevard two hundred forty feet north.Lake Boulevard, west side, from the pedestrian crosswalk south two hundred twenty feet, and fifty feet on each side of the driveway for 1959 Lake Boulevard.Lake Boulevard, east side, from Russell Boulevard one hundred eighty-five feet north.Lake Boulevard, west side from Russell Boulevard two hundred forty feet north.Lake Boulevard, east side from Russell Boulevard one hundred eighty-five feet north.Lake Terrace Circle, easterly side.La Vida Way, between Cowell Boulevard and a point sixty feet northerly of the centerline of Becerra Way, east side.Lillard Drive, south side of street, from a point twenty feet west of the intersection with Arnold Street to a point eighty feet west of said point.Lillard Drive, south side, from the east curb extension of Danbury Street to one hundred ten feet east.Lillard Drive, north side, from one thousand fifty feet west of the centerline of Evans Court west to Cowell Boulevard.Lillard Drive, south side, from Cowell Boulevard to Danbury Street.Los Robles Street starting one hundred fifteen feet south of the southerly face of curb of Lillard Drive two hundred sixty feet, both sides.Loyola Drive, from one hundred fifty feet east of the centerline of Monarch Drive to Alhambra Drive.Loyola Drive, north side of street, from a point sixty feet west of the intersection with Nutmeg Lane to a point eighty feet west of said point.L Street, between Second and Third Street, both sides.L Street, east side of street, from a point one hundred five feet north of the intersection with Fourth Street to a point forty feet north of said point.Manet Place, north side.Matisse Street, entire east side and west side between Covell Boulevard and one hundred forty feet north of Covell Boulevard centerline.Moore Boulevard, north side of street, from a point one hundred sixty-five feet east of the intersection with Pole Line Road to a point eighty feet east of said point.Moore Boulevard, north side of street, from a point thirty feet west of the intersection with Sargent Court to a point eighty feet west of said point.Moore Boulevard, east side of street, from a point one hundred fifty feet south of the intersection with Sloan Street to a point eighty feet south of said point.Moore Boulevard from Wright Boulevard to Rockwell Drive, west, (both sides).Moore Boulevard from Rockwell Drive to seven hundred feet west, north side.Newton Court, both sides.North Davis Farms Road, both sides.Northfield Court, from North Davis Farms Road to a point approximately four hundred fifty feet north, east side.Oak Avenue, west side of street, from a point sixty-five feet south of the intersection with W Fourteenth Street to a point eighty feet south of said point.Oak Avenue, east side of street, from a point sixty-five feet north of the intersection with W Fourteenth Street to a point eighty feet north of said point.Oak Avenue, east side of street, from a point three hundred seventy-five feet south of the intersection with W Covell Boulevard to a point eighty feet south of said point.Oak Avenue, west side of street, from a point one hundred feet north of the intersection with Russell Boulevard to a point eighty feet north of said point.Oakenshield Road, both sides.Olive Drive, southeasterly side of street, between the curb line of Richards Boulevard and a point approximately one hundred feet southwesterly.Olive Drive, southeast side of street, from the curb line on Richards Boulevard northeast to a point approximately two hundred eight-five feet.Olympic Drive, from Shasta Drive to Glacier Drive, west side.Overhill Lane, both sides.Peña Drive.Peña Drive from Second Street to Fifth Street, both sides.Picasso Avenue, between Renoir Avenue west and Renoir Avenue east, south and west sides, only.Picasso Avenue, east side, from Renoir Avenue (east) to two hundred forty feet north.Pole Line Road, from Fifth Street to a point eight hundred fifty feet north of Fifth Street, east side.Pole Line Road, from Fifth Street to a point two hundred seventy-five feet north of Fifth Street, west side.Ponteverde Lane, from Tulip Lane to a point two hundred feet east, both sides.Poppy Lane, both sides.Portage Bay East, east and north side of street, between Russell Boulevard and a point three hundred feet east of the centerline of Hudson Street.Portage Bay East, west and south side, between a point five hundred twenty feet east of the centerline of Hudson Street and Russell Boulevard.Quail Street, east side, between Antelope Avenue and Elk Place.Quail Street, west side, between Antelope Avenue and Sycamore Lane.Renoir Avenue, between Picasso Avenue and Matisse Street, east and north sides only.Research Park Drive, from Richards Boulevard to about six hundred feet east of Drew Avenue.Richards Boulevard, from Research Park Drive to Olive Drive, both sides.Rivendell Lane, both sides.Road 99D, from Covell Boulevard to the northerly city limits.Rowe Place north of Fifth Street, both sides.Russell Boulevard, between A Street and B Street, on both sides of the street.Russell Boulevard, between Oak Avenue and South Campus Way, on north side of street.Russell Boulevard, north side, between Arthur Street and the State Route 113 off-ramp.Russell Boulevard, north side, beginning three hundred feet west of Sycamore Lane and extending one hundred forty-one feet westerly.Russell Boulevard, north side, between College Park and Miller Drive.Russell Boulevard, north side, from a point two hundred fifteen feet west of Anderson Road to a point two hundred sixty-five feet west of Anderson Road.Russell Boulevard, north side, from a point five hundred ninety feet west of Anderson Road to a point six hundred forty feet west of Anderson Road.San Rafael Street, from Fifth Street to Montefrio Lane, west side.San Rafael Street, from Fifth Street to Ponteverde Lane, east side.San Sebastian Street, from Fifth Street to Mallorca Lane, both sides.Second Street, from B Street to A Street, on south side of street.Second Street, north side, between Pole Line Road and the easterly city limits.Shasta Drive from Covell Boulevard to Hampton Drive (both sides).Shasta Drive from Hampton Drive to Olympic Drive, north side.Shire Lane, both sides.Southfield Court, adjacent to park, south side.Southfield Court, from North Davis Farms Road to a point approximately two hundred feet south, west side.Sutter Place (cul-de-sac), in its entirety.Sycamore Lane, between Covell Boulevard and Alvarado Avenue, east and west sides.Sycamore Lane, between Antelope Avenue and north city limits, east side.Sycamore Lane, between Covell Boulevard and Antelope Avenue, west side.Sycamore Lane, between Drake Drive and Covell Boulevard, both sides.Sycamore Lane, east side, from Kent Drive to a point sixty feet north.Sycamore Lane, east side, from a point four hundred twenty feet north of the intersection with Russell Boulevard to a point eighty feet north of said point.Sycamore Lane, west side, from a point one hundred ten feet north of Quail Street to the north city limit.Third Street, north side of the street, between a point directly opposite the east side of the alley and A Street.Third Street, south side of street, from a point fifty feet east of the intersection with K Street to a point eighty feet east of said point.Third Street, south side, from University Avenue west to a point eighteen feet west of the alley.Tulip Lane, east side, from the north line of Loyola Drive to a point on Tulip Lane one hundred eighty-five feet north of the north line of Loyola Drive.University Avenue, between Second Street and Fourth Street, east side only.Valdora Street, beginning at the prolongation of the south curb line of Cowell Boulevard south to the extension of the south curb line of Barony Place, both sides.Valdora Street, beginning at a point two hundred eighteen feet north of the extension of the north curb line of Evergreen Court, to a point four hundred sixteen feet north of the extension of the north curb line of Evergreen Court, west side.Valdora Street, beginning at the extension of the north curb line of Evergreen Court, north eighty-five feet, west side.Valdora, beginning at the extension of the south curb line of Evergreen Court, south to a point one hundred thirty three feet north of the extension of the north curb line of Sapphire Court, west side.Valdora Street, from extension of the south curb line of Barony Place to the extension of the north curb line of La Mesa Court, east side.Valencia Avenue, north side, from a point one hundred fifty feet west of Almeria Street to the end.Valerosa Way, east and south side, from Arroyo Avenue to Caricia Drive.Van Gogh Street, east side only.Villanova Drive, south side of street, from a point two hundred ten feet east of the intersection with Anderson Road to a point eighty feet south of said point.Villanova Drive, north side of street, from a point zero feet east of the intersection with Reed Drive to a point eighty feet east of said point.Vistosa Court, south side.Vistosa Street, south side, from Caricia Drive to Arroyo Avenue.Wake Forest Drive, from seven hundred fifty feet west of the centerline of Sycamore Lane to seven hundred sixty-five feet west of the centerline of Sycamore Lane, north side.West Chiles Road, both sides, from Research Park Drive west to the westerly city limits, except from Research Park Drive west to two hundred sixty feet, east side only.West Olive Drive from Richards Boulevard to a point four hundred sixty feet west of Richards Boulevard, on the north side.West side of Anderson Road from Russell Boulevard to a point five hundred thirty-three feet north of the north right-of-way line of Russell Boulevard.Westernesse Road, both sides.Wright Boulevard (both sides).", "history": "(Code 1964 §§ 4-3.1204, 4-3.1609; Ord. 383 § 2; Ord. 513 § 4; Ord. 566 § 1; Ord. 605 § 1; Ord. 644; Ord. 670 § 2; Ord. 718 § 2; Ord. 771 § 1; Ord. 806 § 1; Ord. 807 § 1; Ord. 832 § 1; Ord. 840 § 1; Ord. 852 § 1; Ord. 870 §§ 1, 2; Ord. 878 § 1; Ord. 913 § 1; Ord. 922 § 1; Ord. 979 § 1; Ord. 993 § 1; Ord. 1001 § 1; Ord. 1047 § 1; Ord. 1063 § 1; Ord. 1092 § 1; Ord. 1135 § 1; Ord. 1170 § 1; Ord. 1251 § 1; Ord. 1255 § 2; Ord. 1285 §§ 1, 2; Ord. 1286 §§ 1, 2; Ord. 1292 §§ 1, 2; Ord. 1304 § 1; Ord. 1315 § 1; Ord. 1344 § 1; Ord. 1376 § 1; Ord. 1392 § 1; Ord. 1395 § 1; Ord. 1401 §§ 1, 2; Ord. 1403 § 1; Ord. 1405 § 1; Ord. 1412 §§ 1, 2; Ord. 1442 § 1; Ord. 1495 § 1; Ord. 1507 §§ 1—3; Ord. 1513 § 1; Ord. 1523 § 2; Ord. 1531 § 1; Ord. 1590 § 1; Ord. 1621 § 1; Ord. 1670 § 1; Ord. 1673 § 1; Ord. 1679 § 1; Ord. 1683 § 1; Ord. 1684 § 1; Ord. 1689 § 1; Ord. 1691 § 1; Ord. 1696 § 1; Ord. 1713 § 1; Ord. 1715 § 1; Ord. 1716 § 1; Ord. 1720 § 1; Ord. 1727 § 3; Ord. 1741 § 2; Ord. 1754 § 1; Ord. 1855 § 3; Ord. 1868 § 1; Ord. 1871 §§ 1, 2; Ord. 1874 § 1; Ord. 1875 § 1; Ord. 1904, 1997; Ord. 1911, 1997; Ord. 1912, 1997; Ord. 1917, 1997; Ord. 1936, 1998; Ord. 1938, 1998; Ord. 1944, 1998; Ord. 1949, 1998; Ord. 1953, 1998; Ord. 1961, 1998; Ord. 1968 § 1, 1999; Ord. 1969 § 1, 1999; Ord. No 1970 § 1, 1999; Ord. 1983 § 1, 1999; Ord. 2002 § 1, 1999; Ord. 2004 § 1, 1999; Ord. 2010 §§ 1, 2, 2000; Ord. 2036 § 1, 2000; Ord. 2092 § 1, 2002; Ord. 2093 § 1, 2002; Ord. 2105 § 1, 2003; Ord. 2106 § 1, 2003; Ord. 2141 §§ 1, 2, 2005; Ord. 2224 § 1, 2005; Ord. 2239 §§ 1, 2, 2006; Ord. 2255 § 1, 2006; Ord. 2272 §§ 1, 2, 2006; Ord. 2289 § 1, 2007; Ord. 2290 § 1, 2007; Ord. 2448 § 1, 2015; Ord. 2456 § 1, 2015; Ord. 2476 § 1, 2016; Ord. 2656, 4/9/2024; Ord. 2692, 7/7/2026)" }, { "guid": "44638744", "number": "§ 22.08.315", "title": "Three-hour parking between 8:00 a.m. and 6:00 p.m. Monday through Saturday (Sundays and holidays excluded).", "text": "A Street, from a point approximately two hundred feet north of Fifth Street to Seventh Street, east side of street.Seventh Street, from A Street to B Street, south side of street.", "history": "(Ord. 2409 § 2, 2013)" }, { "guid": "44638745", "number": "§ 22.08.317", "title": "Three-hour parking between 8:00 a.m. and 6:00 p.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets:Oxford Circle along the northerly right-of-way boundary abutting Oxford Circle Park.", "history": "(Ord. 2626 § 1, 2022)" }, { "guid": "44638746", "number": "§ 22.08.320", "title": "Stopping, standing and parking prohibited—7:00 a.m. to 6:00 p.m., except Saturdays, Sundays and holidays.", "text": "When authorized signs are erected giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following enumerated streets during the hours of 7:00 a.m. and 6:00 p.m., except for Saturday, Sunday and holidays:B Street, both sides, from East Eighth Street to East Fourteenth Street.", "history": "(Ord. 493 § 1; Ord. §§ 1—3)" }, { "guid": "44638747", "number": "§ 22.08.325", "title": "Stopping, standing and parking prohibited—6:00 a.m. to 12:00 noon on Mondays.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets:Benicia Court, bulb end.Camino Court, bulb end.Del Rey Court, bulb end.Espana Court, bulb end.", "history": "(Ord. 2599 § 1, 2021)" }, { "guid": "44638748", "number": "§ 22.08.330", "title": "Stopping, standing and parking prohibited—2:00 a.m. to 6:00 a.m.", "text": "When signs are erected giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following enumerated streets between 2:00 a.m. and 6:00 a.m.:Columbia Place, both sides of street.Oxford Circle along the northerly right-of-way boundary abutting Oxford Circle Park.Pole Line Road, between Covell Boulevard and Picasso Avenue, east side only.6th Street, between G Street and the Southern Pacific Railroad, north side; between a point one hundred fifteen feet east of the G Street curbline and the Southern Pacific Railroad, south side.", "history": "(Ord. 420 § 1; Ord. 1345; Ord. 1697 § 1; Ord. 1888 § 1; Ord. 2626 § 2, 2022)" }, { "guid": "44638749", "number": "§ 22.08.335", "title": "Stopping, standing and parking prohibited—10:00 p.m. to 6:00 a.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets:Marina Circle, both sides, between Jerome Street and east to Lake Boulevard.", "history": "(Ord. 2625 § 1, 2022)" }, { "guid": "44638750", "number": "§ 22.08.340", "title": "Stopping, standing and parking prohibited—2:00 a.m. to 6:00 a.m., except Saturdays, Sundays and holidays.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets between the hours of 2:00 a.m. and 6:00 p.m., except for Saturday, Sunday and holidays:Shasta Drive, east side, beginning at the south property line of 2324 Shasta Drive, northerly six hundred eleven feet.Shasta Drive, west side, beginning at the curb return on Shasta Drive at Arlington Boulevard, northerly six hundred eighty-seven feet.", "history": "(Code 1964 §§ 4-3.1203, 4-3.1608; Ord. 386 § 3; Ord. 439 § 1; Ord. 565 § 2; Ord. 1732 §§ 2, 4; Ord. 1741 §§ 3, 4; Ord. 1792 § 1; Ord. 2235 § 1, 2006)" }, { "guid": "44638751", "number": "§ 22.08.360", "title": "Stopping, standing and parking prohibited—2:00 a.m. to 6:00 a.m. on Thursdays.", "text": "When signs are erected giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following enumerated streets between 2:00 a.m. and 6:00 a.m. on any Thursday morning:Russell Boulevard from A Street to Oeste Drive, north side.", "history": "(Code 1964 §§ 4-3.1203, 4-3.1613; Ord. 806 § 2; Ord. 2190 §§ 1, 2, 2004; Ord. 2237 §§ 1, 2, 2006)" }, { "guid": "44638752", "number": "§ 22.08.365", "title": "Stopping, standing and parking prohibited—2:00 a.m. to 6:00 a.m. on Fridays.", "text": "When signs are erected giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following enumerated streets between 2:00 a.m. and 6:00 a.m. on any Friday morning:C Street, from First Street to Fifth Street, both sides of street.D Street, from First Street to Fifth Street, both sides of street.E Street, from First Street to Fifth Street, both sides of street.F Street, from First Street to Fifth Street, both sides of street.G Street, from First Street to Fifth Street, both sides of street.First Street, from B Street to G Street, north side of street.Second Street, from B Street to H Street, both sides of street.Third Street, from B Street to H Street, both sides of street.Fourth Street, from C Street to the Union Pacific Railroad tracks, both sides of street.", "history": "(Ord. 2189 § 1, 2004; Ord. 2238 §§ 1, 2, 2006; Ord. 2253 § 1, 2006; Ord. 2591 § 2, 2020)" }, { "guid": "44638753", "number": "§ 22.08.370", "title": "(Reserved)", "text": "Prior History: Ord. 1525 § 1; Ord. 1690 § 1; repealed by Ord. 2684, 3/3/2026.", "history": "" }, { "guid": "44638754", "number": "§ 22.08.380", "title": "Stopping, standing and parking prohibited—5:00 a.m. to 8:00 a.m. on Saturdays.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets between the hours of 5:00 a.m. and 8:00 a.m. on Saturday. Any vehicles with a valid farmers market vendor permit is exempt from this prohibition:C Street, between Third and Fifth Streets, west side.Third Street between B Street and C Street, north side.", "history": "(Ord. 1834 § 2; Ord. 2136 § 1, 2005; Ord. 2486 § 1, 2016)" }, { "guid": "44638755", "number": "§ 22.08.385", "title": "Parking prohibited—11:00 a.m. to 9:00 p.m. on Wednesdays (March 1st through November 30th).", "text": "No parking between 11:00 a.m. and 9:00 p.m. on Wednesdays from March 1st through November 30th. Any vehicle with a valid Farmers Market vendor permit is exempt from this prohibition:Third Street between B and C streets, north side.", "history": "(Ord. 2310 § 1, 2008)" }, { "guid": "44638756", "number": "§ 22.08.390", "title": "(Reserved)", "text": "Prior History: Ord. 475 § 1; Ord. 531 § 3; Ord. 1732 § 1; repealed by Ord. 2684, 3/3/2026.", "history": "" }, { "guid": "44638757", "number": "§ 22.08.400", "title": "(Reserved)", "text": "Prior History: Ord. 613 § 1; Ord. 852 § 2; repealed by Ord. 2684, 3/3/2026.", "history": "" }, { "guid": "44638758", "number": "§ 22.08.410", "title": "Stopping, standing and parking prohibited—7:45 a.m. to 8:45 a.m., school days only.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets between the hours of 7:45 a.m. and 8:45 a.m., school days only:Hamel Street, from Schmeiser Avenue to two hundred sixty feet west of the centerline of Schmeiser Avenue, north side.", "history": "(Ord. 1881 § 2)" }, { "guid": "44638759", "number": "§ 22.08.420", "title": "Stopping, standing and parking prohibited—8:00 a.m. to 5:00 p.m.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets between the hours of 8:00 a.m. to 5:00 p.m.:Third Street, south side, from B Street west to University Avenue.", "history": "(Ord. 1762 § 4)" }, { "guid": "44638760", "number": "§ 22.08.430", "title": "Stopping, standing and parking prohibited—1:30 p.m. to 3:30 p.m., school days only.", "text": "When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any of the following streets between the hours of 1:30 p.m. and 3:30 p.m., school days only:Hamel Street, from Schmeiser Avenue to two hundred sixty feet west of the centerline of Schmeiser Avenue, north side.", "history": "(Ord. 1880 § 1)" }, { "guid": "44638761", "number": "§ 22.08.440", "title": "Display of warning device by disabled commercial vehicle.", "text": "Every motor truck having an unladen weight of four thousand pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the hours of darkness shall be equipped with and carry at least two flares or two red lanterns, or two warnings lights or reflectors, which reflectors shall be of a type approved by the state highway patrol. When any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside of the central traffic district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred feet during such time, a warning signal of the character indicated above shall be immediately placed at a distance of approximately one hundred feet in advance of, and one hundred feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved type class A-Type I turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned above can be placed in the required locations. The warning signals herein mentioned shall be displayed continuously during such time, while such vehicle remains disabled upon such street or highway.", "history": "(Code 1964 § 4-3.1012)" }, { "guid": "44638762", "number": "§ 22.08.450", "title": "Parking meter zones designated.", "text": "The following parking lots are hereby designated as a parking meter zones:City Parking Lot located at 221 F Street, also known as the \"E Street Plaza Parking Lot.\"City Parking Lot located at 310 E Street, also known as the \"North F Street Parking Lot.\"City Parking Lot located between Second and Third Streets on APN 070-252-022, also known as the \"South G Street Parking Lot.\"City Parking Lot located at 840 H Street, also known as the \"Amtrak Train Depot Parking Lot.\"All spaces located within a parking meter zone, except for spaces designated for the disabled, motorcycles, and electric vehicles, shall be subject to this article.", "history": "(Ord. 2312 § 1, 2008; Ord. 2691, 7/7/2026)" }, { "guid": "44638763", "number": "§ 22.08.460", "title": "Authority to install pay-by-space/pay-and-display machines.", "text": "The city traffic engineer may install, or cause to be installed, pay parking machines in the parking meter zone(s) established by this Code or hereafter created by the city council in such numbers and in such places as, in the traffic engineer's judgment, may be necessary for the regulation, control and inspection of the parking of vehicles therein.", "history": "(Ord. 2312 § 1, 2008)" }, { "guid": "44638764", "number": "§ 22.08.470", "title": "Pay-by-space/pay-and-display specifications.", "text": "Each pay parking machine shall, upon the deposit of the appropriate United States coins, currency, or credit card with respect to a pay parking space controlled thereby, dispense a receipt showing the amount of time purchased and when lawful parking period will expire for that space, or shall display the amount of time purchased on the timing mechanism of the machine. Upon expiration of the lawful parking period, the right of a vehicle to occupy the space shall cease.", "history": "(Ord. 2312 § 1, 2008)" }, { "guid": "44638765", "number": "§ 22.08.480", "title": "Parking meter rates.", "text": "The rate for parking in a parking meter zone during the hours of operation shall be established by resolution of the city council.", "history": "(Ord. 2312 § 1, 2008; Ord. 2691, 7/7/2026)" }, { "guid": "44638766", "number": "§ 22.08.490", "title": "Metered parking hours of operation.", "text": "For the following locations paid parking shall be enforced in the parking meter zone(s) every day between the hours of 10:00 a.m. and 7:00 p.m., except Sundays and holidays:City Parking Lot located at 221 F Street, also known as the \"E Street Plaza Parking Lot.\"City Parking Lot located at 310 E Street, also known as the \"North F Street Parking Lot.\"City Parking Lot located between Second and Third Streets on APN 070-252-022, also known as the \"South G Street Parking Lot.\"For the following locations paid parking shall be enforced in the parking meter zone(s) every day between the hours of 10:00 a.m. and 7:00 p.m., except Saturdays, Sundays and holidays:City Parking Lot located at 840 H Street, also known as the \"Amtrak Train Depot Parking Lot.\"", "history": "(Ord. 2312 § 1, 2008; Ord. 2691, 7/7/2026)" }, { "guid": "44638767", "number": "§ 22.08.500", "title": "Operation of pay-by-space/pay-and-display machines.", "text": "(a) When any vehicle is parked in any parking meter zone, the operator of the vehicle shall, immediately after entering the parking space, deposit or cause to be deposited in the machine controlling the space the proper coin or currency of the United States, or credit card as is required by Section 22.08.490 for the pay parking space. Parking or standing a vehicle in a designated pay parking space shall be lawful only for the period of time corresponding to the amount of United States coins, currency, or credit card deposited.(b) The operator of vehicle, after the proper deposit, shall also set in operation the timing mechanism on the machine, if any, in accordance with directions properly appearing thereon. In addition, if the parking space is controlled by a pay-and-display machine, the operator of the vehicle shall immediately cause the parking receipt provided by the machine to be placed face up on the driver's side dashboard of the vehicle. Failure to make a proper deposit and to set the timing mechanism in operation or place the receipt on the vehicle dashboard, as applicable, shall constitute a violation of this article.", "history": "(Ord. 2312 § 1, 2008)" }, { "guid": "44638770", "number": "§ 22.08.510", "title": "Overtime parking in parking meter zones.", "text": "(a) No vehicle shall remain in a space for which there is a pay parking machine when the machine or receipt indicates that the lawful parking period has expired.(b) The indication by a pay-by-space machine that the lawful parking time has expired or the display of a pay-and-display parking receipt indicating that the lawful parking time has expired, during the hours of operation for any pay-by-space or pay-and-display machine, shall be prima facie evidence that the motor vehicle has been parked overtime and beyond the lawful parking period.", "history": "(Ord. 2312 § 1, 2008)" }, { "guid": "44638773", "number": "§ 22.08.520", "title": "Defacing, destroying, etc., meters and machines.", "text": "No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any pay parking machine installed under the provisions of this article.", "history": "(Ord. 2312 § 1, 2008)" }, { "guid": "44638774", "number": "§ 22.08.530", "title": "Citations for parking meter violations.", "text": "Each police officer or parking enforcement officer shall take the number of any pay parking space at which any vehicle is over-parked, as provided in this article, the state vehicle license number of the vehicle, and the time and date of the over-parking. The police officer or parking enforcement officer shall then issue, in writing, a citation for illegal parking in the form and subject to the procedure provided for by law and the Davis Municipal Code sections applicable to parking violations within the city, including Section 22.08.020 of this article.", "history": "(Ord. 2312 § 1, 2008)" } ] }, { "guid": "44638775", "title": "LOADING ZONES", "number": "22.09", "url": "https://ecode360.com/44638775", "sha256": "85881e33df974f66573a396a460a89f2c317d0da160e36884ef0033f1cce08a7", "exportedArticleSha256": "a88a0f814102f12a499301314ec3ebeb4e66527b0ea512007376525a55c5318c", "sections": [ { "guid": "44638776", "number": "§ 22.09.010", "title": "Establishment and marking.", "text": "(a) The city traffic engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:(1) At any place in the central traffic district or any business district.(2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.(b) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.(c) Loading zones shall be indicated by a yellow paint line stenciled with black letters, \"LOADING ONLY,\" upon the top of all curbs within such zones.(d) Passenger loading zones shall be indicated by a white line stenciled with black letters, \"PASSENGER LOADING ONLY,\" upon the top of all curbs in such zones.", "history": "(Code 1964 § 4-3.1101)" }, { "guid": "44638783", "number": "§ 22.09.020", "title": "Use generally.", "text": "(a) Permission granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than thirty minutes.(b) The loading or unloading of materials shall apply only to commercial deliveries.(c) Permission granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor and in no event for more than three minutes.(d) Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.", "history": "(Code 1964 § 4-3.1103)" }, { "guid": "44638788", "number": "§ 22.09.030", "title": "Unauthorized use prohibited.", "text": "No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 22.09.020.", "history": "(Code 1964 § 4-3.1104)" }, { "guid": "44638789", "number": "§ 22.09.040", "title": "Standing in passenger loading zone.", "text": "No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 22.09.020.", "history": "(Code 1964 § 4-3.1105)" }, { "guid": "44638790", "number": "§ 22.09.050", "title": "Bus stops.", "text": "The city traffic engineer shall have the discretion and is hereby authorized to establish bus stops for the loading and unloading of buses or common carriers of passengers, to determine the locations thereof and to place appropriate signs giving notice of the locations of such bus stops. Bus stops established pursuant to this section shall not preclude vehicle parking if otherwise permitted at the location of such bus stops.", "history": "(Code 1964 § 4-3.1106; Ord. 769 § 1)" }, { "guid": "44638791", "number": "§ 22.09.060", "title": "Taxicab stands.", "text": "(a) The city council shall, by resolution, establish taxicab stands and determine the locations thereof.(b) The curb surface within each taxicab stand shall be painted white and marked \"TAXICAB STAND\" in red lettering, or shall be designated by signs of a type and size approved by the city traffic engineer.(c) It shall be unlawful for the operator of any vehicle, other than a taxicab or automobile for hire, to park such vehicle in such taxicab stand.", "history": "(Code 1964 § 4-3.1108)" } ] }, { "guid": "44638795", "title": "PEDESTRIANS", "number": "22.10", "url": "https://ecode360.com/44638795", "sha256": "b1bfb0bda06dd61f2c243787ca6a02e8d5d9faf87a0108c14325b20320f153bd", "exportedArticleSha256": "dff057d11143e65af772991cf7fa783b83adbfd6471ca8f54b3e96f6aba74c42", "sections": [ { "guid": "44638796", "number": "§ 22.10.010", "title": "Establishment of crosswalks.", "text": "(a) The city traffic engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:Crosswalks shall be established and maintained at intersections where the city traffic engineer determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in subsection (b) of this section.(b) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet in length. Elsewhere not more than one additional crosswalk shall be established in any one block and such crosswalk shall be located as nearly as practicable at mid-block.(c) The city traffic engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians may or may not cross in the crosswalk so indicated.", "history": "(Code 1964 § 4-3.901; Ord. 2664, 8/27/2024)" }, { "guid": "44638800", "number": "§ 22.10.020", "title": "Use of crosswalk required in certain areas.", "text": "No pedestrian shall cross a roadway other than by a crosswalk in any school district.", "history": "(Code 1964 § 4-3.902)" }, { "guid": "44638801", "number": "§ 22.10.030", "title": "Method of crossing roadway.", "text": "No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk.", "history": "(Code 1964 § 4-3.903)" }, { "guid": "44638802", "number": "§ 22.10.040", "title": "Standing in roadways.", "text": "No person shall stand in any roadway other than in a safety zone if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer or employee, junior traffic policeman or employee of a public utility when necessarily upon a street in line of duty.", "history": "(Code 1964 § 43. 904)" } ] }, { "guid": "44638803", "title": "PARKING PERMITS FOR PERSONS WITH IMPAIRED MOBILITY", "number": "22.11", "url": "https://ecode360.com/44638803", "sha256": "e4116d6f5988876c975b6aed51013238b3df7f517efc5abfd4b8af0601ee6b26", "exportedArticleSha256": "c251d243aae5d9178df330dae8222546202e1169a0bdaddd237335a0d71fb021", "sections": [ { "guid": "44638804", "number": "§ 22.11.010", "title": "Statement of purpose.", "text": "Due to a confusion among members of the automobile driving public as to the purpose and limitations of the parking spaces which have been designated by the city for use by disabled persons only, the reserved status of these parking spaces is being grossly abused and thus the policy of the city in providing adequate parking for those of its citizens who have impaired mobility is failing in its essential purpose. The purpose of this article is to assure that those persons who have impaired mobility will have access to the larger specially designated parking spaces now in existence, while at the same time establishing a parking permit program that will reduce the parking problems.", "history": "(Ord. 873 § 1)" }, { "guid": "44638805", "number": "§ 22.11.020", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Certification of disability.A written assurance by a medical doctor of the existence of a physical condition that impairs the mobility of the applicant, or certification may be given in person by the police chief to anyone who has an obvious mobility impairment.Police chief.The police chief of the police department or any employee of such department, designated by the police chief to carry out the duties of this article.Reserved parking space.Those parking spaces designated by the international symbol of accessibility and/or the words \"Handicapped Only.\"", "history": "(Ord. 873 § 2)" }, { "guid": "44638809", "number": "§ 22.11.030", "title": "Reserved parking space permits—Generally.", "text": "A vehicle displaying a reserved parking space permit shall be entitled to park in any of the parking spaces designated by the international symbol of accessibility and/or the words \"Handicapped Only.\" There shall be no time limit upon such parking. A vehicle displaying a reserved parking space permit shall be exempt from any time restrictions in any public parking space in the city.", "history": "(Ord. 873 § 3)" }, { "guid": "44638810", "number": "§ 22.11.035", "title": "Reserved parking space permits—Crosshatched area for loading/unloading for disabled persons.", "text": "Crosshatch lines within a parking lot or parking facility are hereby designated for the loading and unloading of vehicles displaying special identification license plates or placards for disabled persons or disabled veterans. The parking or standing of a vehicle shall be prohibited within all crosshatched areas.", "history": "(Ord. 1813 § 1)" }, { "guid": "44638811", "number": "§ 22.11.037", "title": "Reserved parking space permits—Private property—Signage and accessibility of parking spaces for disabled persons.", "text": "It shall be unlawful for any person, business, property owner, or tenant, or any representative or agent of any of the foregoing, who own, lease, or otherwise control private property required to be designated as parking and/or for loading or unloading of vehicles displaying special identification license plates or placards for disabled persons or disabled veterans to:(a) Refuse to or fail to mark or maintain proper signage for said parking spaces and unloading areas; or(b) To block or otherwise cause said parking spaces and/or loading or unloading areas to be inaccessible or unusable for vehicles displaying special identification license plates or placards for disabled persons or disabled veterans.Temporary exemptions from this section may be granted by the community development and sustainability department for construction related blockages for specific periods of time upon a finding by the community development and sustainability department that the construction necessitates such a blockage.", "history": "(Ord. 1902, 1997)" }, { "guid": "44638814", "number": "§ 22.11.040", "title": "Reserved parking space permits—Eligibility.", "text": "In addition to the distinguishing license plate or placard issued by the State Department of Motor Vehicles, permanent or temporary placards may be issued by the police chief to individuals meeting the following conditions:(a) For a permanent reserved parking space permit:(1) Anyone with an apparent physical disability which would substantially impair his or her mobility. Such physical disabilities shall include, but are not limited to, paralysis of one or both legs, amputation of one or both legs, any disorder of the nervous system which substantially affects motor coordination.(2) Any person who has a nonapparent physical disability which impairs his or her mobility. Such disabilities shall include, but are not limited to, disorders of the respiratory system or heart disease.(3) Any person who has received disabled persons license plates or a placard from the Department of Motor Vehicles pursuant to Section 2511.5 or 9105 of the Vehicle Code shall have the same privileges as those with a reserved parking space permit. Issuance of a permanent permit as a result of any of the disabilities under subsection (a)(2) shall be predicated upon the certification of the disability by a physician.(b) For temporary reserved parking space permit issued to any person whose mobility is impaired temporarily: When a temporary permit is issued, an expiration date for the permit shall be designated. The expiration date shall be based on the estimated length of time that the holder of the permit requires such permit. A temporary permit may be renewed upon a showing of a continuing need therefor. Time limits for the initial permit and any renewal must be based upon a physician's certification.Temporary permits may be issued to anyone qualified for temporary disabilities such as, but not limited to, one or more broken bones affecting mobility.Handicapped nondrivers who are otherwise eligible may obtain permits for the automobile in which they are transported.", "history": "(Ord. 873 § 4)" }, { "guid": "44638820", "number": "§ 22.11.050", "title": "Reserved parking space permits—Display.", "text": "A placard issued by the police chief shall be approximately six inches by twelve inches in size and displayed on the driver's side dashboard of a vehicle. The color shall be distinguishable from that issued by the State Department of Motor Vehicles.", "history": "(Ord. 873 § 5)" }, { "guid": "44638821", "number": "§ 22.11.060", "title": "Enforcement.", "text": "Permits are nontransferable. Any person using a permit that has been issued to someone else, any person using a permit who does not suffer from a physical disability, or any person parking in a reserved parking space without displaying a reserved permit shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable by a fine not exceeding the maximum prescribed by law.", "history": "(Ord. 873 § 6)" } ] }, { "guid": "44638822", "title": "PREFERENTIAL PARKING", "number": "22.12", "url": "https://ecode360.com/44638822", "sha256": "7760c7361a62f7084c38f42e045ca23ba5ab21b66af1ab32feb2734aad567ea9", "exportedArticleSha256": "9615624424211e5efc3b591846a8fd50d88deb4f111d59b2f117e9c93917caf1", "sections": [ { "guid": "44638823", "number": "§ 22.12.010", "title": "Purpose.", "text": "This article is enacted in response to the serious adverse effects caused in certain areas and neighborhoods of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents thereof who do not visit or conduct business with residents. As more specifically set forth in Section 22.12.020, such parking by nonresidents threatens the health, safety and welfare of the residents and commerce of the city. In order to protect such residents and promote commercial well-being in impacted neighborhoods, it is necessary to enact the preferential parking system established by this article.", "history": "(Ord. 1057 § 1)" }, { "guid": "44638824", "number": "§ 22.12.020", "title": "Findings.", "text": "The preferential parking system established by this article will relieve the serious adverse effects of motor vehicle congestion by:(a) Reducing potential hazardous traffic conditions resulting from the long-term parking of commuter motor vehicles in neighborhoods;(b) Protecting such areas and neighborhoods from polluted air, excessive noise, and trash and refuse caused by the entry and exit of such motor vehicles;(c) Protecting the residents of such areas and neighborhoods from unreasonable burdens in obtaining parking near their residences and in gaining access to their residences;(d) Preserving the character of such areas and neighborhoods as residential; promoting the efficiency of the maintenance of the streets of such areas and neighborhoods in a clean and safe condition;(e) Preserving the value of property in such areas and neighborhoods;(f) Promoting and protecting commercial enterprises by elimination of commuter parking in impacted commercial areas and by provision of free short-term parking for customers and by provision of preferential permit parking to employees of commercial establishments;(g) Preserving the safety of children and other pedestrians; and(h) Promoting traffic safety and the peace, good order, comfort, convenience and general welfare of the inhabitants of the city.The above stated findings of the city council in support of preferential parking are set forth as illustrations of the need compelling the enactment of this article. These findings do not exhaust the subject of the factual basis supporting the enactment of this preferential parking program.", "history": "(Ord. 1057 § 1)" }, { "guid": "44638833", "number": "§ 22.12.030", "title": "Definitions.", "text": "For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Commuter vehiclemeans a motor vehicle parked in a preferential parking area by a person not a resident thereof, but having a business interest in that preferential parking area. Commuter vehicles are subject to other limitations as defined by city resolution.Customer vehiclemeans a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein.Dwelling unitmeans a house, apartment or other residence with an assigned address as used by the U.S. Postal Service or as listed in the city directory.Leasemeans that a person pays rent or other remuneration for use of a parcel of real property at his or her residence or place of business.Motor vehicleincludes an automobile, truck, motorcycle, or other motor-driven form of transportation not in excess of ten thousand pounds gross weight.Nonresident permitmeans a permit issued by the police chief for use on a commuter vehicle in those preferential permit parking areas where the city council has, by resolution, authorized the use of such permits.Ownsmeans that a person has at least one-quarter of the fee interest in a parcel of real property within a preferential permit parking area.Preferential parking areameans an area designated as herein provided wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations or parking prohibitions which are established pursuant to this article. The permit parking exemption shall not exempt any person from any other parking provisions of state law or city ordinance or resolution.Residentmeans a person who dwells in the preferential parking area on a permanent basis.Resident permitmeans a permit issued by the police chief for use on a resident vehicle while parked in a preferential permit parking area.Resident vehiclemeans a motor vehicle owned or under the control of a resident and regularly parked in the preferential parking area in which the resident resides.", "history": "(Ord. 1057 § 1; Ord. 1613 § 1; Ord. 1849 §§ 1, 2)" }, { "guid": "44638845", "number": "§ 22.12.040", "title": "Designation of preferential permit parking areas.", "text": "The city council, in accordance with the requirements of this article, may designate as a preferential permit parking area any area which satisfies the criteria established in this article. Such area shall be designated by resolution. The resolution shall also state the applicable fees to be charged upon permit issuance. Upon designation as a preferential permit parking area, motor vehicles displaying a valid parking permit may stand or be parked in areas, reserved for resident parking and may stand or be parked without limitation by parking time zone regulations established pursuant to this article. The permit parking exemption shall not exempt any person from any other provisions of state law or city ordinance or resolution.", "history": "(Ord. 1057 § 1; Ord. 1613 § 2)" }, { "guid": "44638846", "number": "§ 22.12.050", "title": "Criteria for designation of preferential permit parking areas.", "text": "(a) An area shall be deemed eligible for consideration as a preferential permit parking area if, based on surveys and studies prepared at the direction of the city traffic engineer, objective criteria establish that the area is adversely affected by traffic from vehicles for any extended period during the day or night, on weekends, or during holidays. The area eligible for consideration as a preferential parking area includes streets which, in the judgment of the traffic engineer, are not presently impacted by motor vehicles but would be so impacted upon adoption of preferential parking restrictions for an adjacent area.(b) In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential permit parking area, the traffic engineer and the city council shall take into account factors which include, but are not limited to, the following:(1) The extent of the desire and need of the residents for preferential permit parking;(2) The extent to which legal on-street parking spaces are or will be occupied by motor vehicles during the period proposed for parking regulations;(3) The extent to which vehicles parking in the area during the period proposed for parking regulations are or will be commuter vehicles rather than resident or customer vehicles; and(4) The extent to which customer vehicles and motor vehicles registered to persons residing in the area cannot be accommodated by the number of available off-street parking spaces.", "history": "(Ord. 1057 § 1; Ord. 1613 § 3; Ord. 1849 §§ 3, 4)" }, { "guid": "44638853", "number": "§ 22.12.060", "title": "Designation process.", "text": "The study of feasibility for establishment of a preferential parking area may be initiated by the city council, traffic committee or city traffic engineer based upon their own motion or based upon petition of interested persons. After initiation of such a study, the process for establishment of a preferential parking area is as follows:(a) The traffic engineer shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether the area is eligible to be a preferential parking permit area.(b) Following the completion of surveys or studies to determine whether designation criteria are met, the city's transportation commission shall, at a public meeting, hear the report of the traffic engineer and shall consider the eligibility of the area under consideration for designation as a preferential permit parking area. The commission shall also consider the boundaries for the proposed preferential permit parking area as well as the appropriate regulations on parking.(c) The transportation commission shall recommend for or against the designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for designation as a preferential parking area.(d) Upon receipt of the transportation commission recommendations, the city council shall conduct a noticed public hearing. If the city council determines that a preferential parking area should be created, it shall adopt a resolution establishing the program for the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions. Thereafter, the program shall be implemented as hereinafter provided.(e) Notice of the public hearing provided for herein shall be published once in the official newspaper of the city at least ten days before the hearing date. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the approximate permit fee to be charged therefor. During such hearing or hearings, any interested person shall be entitled to appear and be heard.", "history": "(Ord. 1057 § 1; Ord. 1575 § 1; Ord. 2664, 8/27/2024)" }, { "guid": "44638859", "number": "§ 22.12.070", "title": "Issuance of permits.", "text": "(a) Parking permits shall be issued by the police chief. Each such permit shall state for which preferential permit parking area it is issued. No more than one permit per vehicle shall be issued.(b) Parking permits may be issued only to the following persons:(1) A resident of the preferential permit parking area who owns or has lawful possession of a vehicle;(2) An owner or lessee of commercial property who actively engages in business activity in a preferential permit parking area for which the city council by resolution has authorized the issuance of business parking permits;(3) A nonresident who pays the nonresident fee in those areas for which the city council by resolution has authorized the issuance of nonresident commuter parking permits. It shall be the responsibility of a business establishment to advise the city finance department in writing at the time of purchase or renewal of their business license of employees who qualify for a nonresident commuter parking permit. It shall be the responsibility of the business to update the authorization as employees change and to collect and to reissue permits purchased for employees;(4) A person who periodically does business in a preferential permit parking area for which the council by resolution has authorized the issuance of business parking permits if he or she supplies the city finance department with a written list of customers served in the permit area at the time of purchase or renewal of their business license;(5) A member of a living group (e.g., fraternity or sorority) located in a preferential permit parking area where the member regularly lodges at the facility; provided however, that no more permits shall be issued for residents of such facility than the number of off-street parking spaces required by the zoning ordinance for new facilities of similar size, less the actual number of off-street parking places required to be provided by the facility's current zoning permit. When issuing permits hereunder the police chief may proceed on a first-come, first-served basis, or on the basis of agreement with the residents or their authorized representative. Such permits shall not be issued where the facility is operated in violation of Chapter 40 (the zoning ordinance). The city council may, for good cause, increase the number of permits authorized by this subsection.", "history": "(Ord. 1057 § 1; Ord. 1575 § 2; Ord. 1613 § 4; Ord. 1617 § 1)" }, { "guid": "44638867", "number": "§ 22.12.080", "title": "Visitor permits.", "text": "The police chief, or designee, is authorized upon application to issue visitor parking permits to residents of a preferential permit parking area for use by bona fide transient visitors therein. The city council may, by resolution or ordinance, prohibit or regulate the issuance and use of visitor permits in any preferential permit parking area.", "history": "(Ord. 1057 § 1; Ord. 1613 § 5)" }, { "guid": "44638868", "number": "§ 22.12.085", "title": "Consumer permits.", "text": "The police chief, or designee, is authorized upon application to issue customer parking permits to businesses of a preferential permit parking area for use by bona fide transient customers therein. The city council may, by resolution or ordinance, prohibit or regulate the issuance and use of customer permits in any preferential permit parking area.", "history": "(Ord. 1796 § 2)" }, { "guid": "44638869", "number": "§ 22.12.090", "title": "Posting of preferential permit parking area.", "text": "Upon the adoption by the city council of a resolution designating a preferential permit parking area, the traffic engineer shall cause appropriate signs, markings and/or meters to be erected in the area, indicating prominently thereon the parking regulations, and conditions under which permit parking shall be exempt therefor.", "history": "(Ord. 1057 § 1)" }, { "guid": "44638870", "number": "§ 22.12.100", "title": "Display of permits.", "text": "Permits shall be displayed in a manner determined by the police chief.", "history": "(Ord. 1057 § 1)" }, { "guid": "44638871", "number": "§ 22.12.110", "title": "Permit parking exemption.", "text": "(a) A resident motor vehicle or nonresident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the preferential permit parking area for which the permit has been issued without being limited by time limit parking regulations or without being limited by parking prohibitions which limit parking to residents. The permit parking exemption shall not exempt any person from any other provisions of state law or city ordinance or resolution.(b) All other motor vehicles parked within a preferential permit parking area shall be subject to the parking regulations adopted as provided in this chapter as well as the penalties provided for herein.(c) A preferential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated preferential permit parking area.", "history": "(Ord. 1057 § 1; Ord. 1613 § 6)" }, { "guid": "44638875", "number": "§ 22.12.120", "title": "Application for and duration of permit.", "text": "Parking permits issued by the police chief shall be valid for a one-year period and may be renewed annually upon reapplication in the manner required by the police chief. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address, or the address of real property owned or leased within a permit area, and such other information that may be deemed relevant by the police chief.", "history": "(Ord. 1057 § 1; Ord. 1575 § 3; Ord. 1985 § 1; Ord. 2439 § 1, 2014)" }, { "guid": "44638876", "number": "§ 22.12.130", "title": "Permit fees.", "text": "The fee for preferential parking permits shall be established by resolution of the city council.", "history": "(Ord. 1057 § 1)" }, { "guid": "44638877", "number": "§ 22.12.140", "title": "Penalty provisions.", "text": "(a) It shall be unlawful and a violation of this article, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations established pursuant hereto.(b) It shall be unlawful and a violation of this article for a person to falsely represent him or herself as eligible for a parking permit or to furnish false information in an application therefor to the police chief.(c) It shall be unlawful and a violation of this article for a person holding a valid parking permit to permit its use or display by anyone who does not qualify for the permit. Such conduct shall constitute a violation of this article both by the holder of the parking permit and by the person who unlawfully uses or displays it on a motor vehicle.(d) It shall be unlawful and a violation of this article for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit.(e) It shall be unlawful and a violation of this article for anyone to use or display upon a motor vehicle a permit reported lost or stolen to the police department. Unlawful display of a permit will result in towing the vehicle to a storage facility at the owner's expense, plus imposition of the maximum fine permitted by Government Code Section 36900.(f) Except where otherwise specifically provided, all violations of this article shall be punishable as infractions as set out in Government Code Section 36900.", "history": "(Ord. 1057 § 1; Ord. 1575 § 4)" }, { "guid": "44638884", "number": "§ 22.12.150", "title": "Revocation of permits.", "text": "(a) The police chief is authorized to revoke the residential parking permit of any person found to be in violation of this article, and, upon written notification thereof, the person shall surrender such permit to the police chief. Failure, when so requested, to surrender a preferential parking permit so revoked shall constitute a violation of law and this article and shall be punishable as an infraction.(b) In the event the police chief has good cause to believe that any resident is abusing the visitor permit system described in this article, he or she may deny any further application for a visitor permit by such person abusing the system. Any person aggrieved by such a determination made by the police chief shall have the right to appeal to the city council within ten days of such determination.", "history": "(Ord. 1057 § 1)" } ] }, { "guid": "44638887", "title": "MOTORCYCLES AND MOTOR-DRIVEN CYCLES", "number": "22.13", "url": "https://ecode360.com/44638887", "sha256": "d2f78ab641c113379fcdf5b3cc58d20a62cc2ddba5200013a3123511940ad599", "exportedArticleSha256": "b3e9bfcb36542f7225e759db54801c00a7d2c7a21d2ee22530bc86de68bca3f0", "sections": [ { "guid": "44638888", "number": "§ 22.13.010", "title": "Findings.", "text": "The city council of the City of Davis hereby makes the following findings:(a) There is a recent and sudden increase in the ownership and operation of motorcycles and motor-driven cycles on unimproved parcels of private property and on public property, including the public streets and highways, in the City of Davis.(b) The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of this state.(c) The operation of licensed and unlicensed motorcycles and motor driven cycles on unimproved private property and on public parkways, sidewalks, park lands, greenbelts and other public property in the City of Davis generates excessive amounts of irritating dust, noxious exhaust fumes and noise.(d) Said operation of motorcycles and motor-driven cycles creates a high risk of igniting brush and grass fires.(e) Said operation of motorcycles and motor-driven cycles has created and will continue to create erosions of land and has created unimproved roads and pathways which constitute a danger to persons in the area.(f) Said operation of motorcycles and motor-driven cycles has caused an adverse effect on the environment in the area and on the persons residing therein, all of which constitute a public nuisance to the residents of the City of Davis.(g) After examination and investigation of the existing situation, it is determined that a public nuisance exists and that due to the fact that said conduct may be intermittent, fleeting, moving or caused by persons who are minors, other provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effects and that certain controls must be imposed upon the operation of motorcycles and motor-driven cycles on public and private property in the City of Davis.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638896", "number": "§ 22.13.020", "title": "Scope.", "text": "The provisions of this article are intended to regulate the operation of registered and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid California motor vehicle operator's license or not, upon unimproved private property and upon all public property, except highways, in the City of Davis. This article shall not apply to the driving, riding, use or operation of motorcycles or motor-driven cycles on streets or highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the State of California.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638897", "number": "§ 22.13.030", "title": "Definitions.", "text": "Unless the context clearly requires otherwise, the following definitions shall apply with respect to the use of the following terms in this article:Highwaymeans a public street or highway or any other way or place of whatever nature, publicly maintained and open to the use of the public for purposes of motor vehicle travel.Motorcycleis any motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds, except that four wheels may be in contact with the ground when two of the wheels are a functional part of a sidecar.Motor-driven cycleis any motorcycle, including every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with motor attached. A motor-driven cycle does not include a motorized bicycle as defined in Section 406 of the California Vehicle Code.Unimproved private propertymeans any parcel of land which either contains no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638902", "number": "§ 22.13.040", "title": "Prohibitions.", "text": "(a) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon any public sidewalk, walkway, parkway, greenbelt or in any public park or recreational area or upon any other publicly owned property, except highways, within the City of Davis. Nothing contained herein shall be construed to prohibit the driving, riding, use or operation of a motorcycle or motor-driven cycle having a valid California vehicle registration by any person possessing a valid California operator's license upon the public highways in the City of Davis.(b) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the City of Davis, except as set forth in Section 22.13.050 of this article.(c) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon a private road, whether improved or unimproved, except as set forth in Section 22.13.050 of this article.(d) It shall be unlawful for any person to knowingly transport another person or a motorcycle or motor-driven cycle, or both, to any location within the City of Davis for the purpose of conducting any activity in violation of the provisions of this article.(e) It shall be unlawful for any person to knowingly give, loan, furnish or otherwise make available to any other person a motorcycle or motor-driven cycle for use within the City of Davis, which use is in violation of any provision of this article.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638908", "number": "§ 22.13.050", "title": "Exceptions.", "text": "Notwithstanding the provisions of Section 22.13.040, a person may drive, ride, use or operate a motorcycle or motor-driven cycle upon unimproved private property under the following circumstances:(a) The provisions of Section 22.13.040, shall not apply to any publicly owned motorcycle or motor-driven cycle or authorized emergency vehicles as defined in California Vehicle Code Section 165.(b) The provisions of Section 22.13.040, shall not apply to persons driving, riding, using or operating a motorcycle or motor-driven cycle upon parking lots or private roads when being driven, ridden, used or operated for ingress to and egress from said parking area or parcel service by such private road.(c) Any person desiring to drive, ride, use or operate a motorcycle or motor-driven cycle upon unimproved private property, and any owner of such property desiring to allow a person or persons to drive, ride, use or operate a motorcycle or motor-driven cycle on his or her unimproved private property, may do so upon first obtaining a permit from the police chief of the City of Davis. Application for such permits shall be made upon such forms as may be prescribed by the police chief, which shall be accompanied by a nonrefundable ten-dollar fee. Permits shall be issued by the police chief upon a making of all of the following findings:(1) The owner or owners of said unimproved private property, or the person or persons in lawful possession thereof, have consented in writing to the proposed use.(2) The city fire marshal has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed operation or by reason of the nature of the property concerned.(3) That such operation is of sufficient distance from occupied residences, churches, assembly halls or schools as to not constitute a nuisance by reason of noise, dust or fumes generated. In no event shall any permit be issued for use on property located within two hundred yards of the exterior boundary of any parcel on which is located any residential structure, church, assembly hall or school.(4) That the applicant has not violated any provisions of this article within the twelve months immediately preceding the date of application.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638916", "number": "§ 22.13.060", "title": "Conditions of permit.", "text": "The operation of any motorcycle or motor-driven cycle on unimproved private property pursuant to a permit issued in accordance with the provisions of Section 22.13.050(c), shall be subject to the following limitations:(a) Operation of a motorcycle or motor-driven cycle pursuant to such permit shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset;(b) The operation of said vehicles pursuant to such a permit shall not be allowed nearer than two hundred yards to the exterior boundary of any parcel upon which is located a residential structure, church, assembly hall or school;(c) Each permit issued pursuant to Section 22.13.050(c) shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation;(d) Any such permit shall be displayed on the vehicle at all times and shall be presented to any peace officer upon request; and(e) Any permit issued pursuant to Section 22.13.050(c) is not, and shall so state on its face, an expression by the city that the proposed operation can be done with safety to the operator or other persons or property, all of which said risks are assumed by the permittee or property owner.", "history": "(Ord. 1139 § 1)" }, { "guid": "44638922", "number": "§ 22.13.070", "title": "Regulations not exclusive.", "text": "The regulations contained in this chapter do not supersede or preclude the enforcement of the zoning regulations, noise regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby.", "history": "(Ord. 1139 § l)" }, { "guid": "44638923", "number": "§ 22.13.080", "title": "Violations—Penalties.", "text": "(a) Any person who violates any provision of this article is guilty of an infraction and shall be subject to a fine, for a first offense, of not less than twenty-five dollars nor more than one hundred dollars; and for a second offense within one year, not less than fifty dollars nor more than two hundred dollars; and for each additional violation within one year, a fine of not less than one hundred dollars nor more than five hundred dollars.(b) Violations of any provision of this article shall be deemed a public nuisance subject to abatement or civil action, as provided by law.(c) Notwithstanding the fact that this article is adopted as a police power regulation of the City of Davis and for the benefit of the general public, and that violations of the provisions of this article are declared public nuisances affecting at the same time entire neighborhoods, or considerable numbers of persons, the city council hereby finds, in addition, that, with respect to any violation of a provision of this article which involves the operation of a motorcycle or motor-driven cycle within two hundred yards of any exterior boundary of a parcel of property upon which is located any residential structure, church, assembly hall or school, any person owning or occupying such property is specially injured or affected by any such violation and the city council hereby declares that this article is adopted for the benefit of such persons and any such person owning or occupying said property. Any person who commits a violation of any provision of this article involving operation of a motorcycle or motor-driven cycle within two hundred yards of the outside boundary of any parcel of property upon which is located any residential structure, church, assembly hall or school, shall be liable under this section to the owner or occupant of such property in a civil action for each such violation for a maximum award of seven hundred fifty dollars. In establishing the amount of the award, the court shall consider all relevant factors, including actual damage, injury or hardship to the plaintiff and any prior violations by defendant. In any action brought pursuant to this subsection, any wilful violation of any provision of this article shall be deemed an act of wilful misconduct resulting in injury to the property of another for purposes of Section 1714.1 of the California Civil Code.(d) Upon a first offense, the use of any motorcycle or motor-driven cycle used in violation of any provision of this article shall be subject to forfeiture for a period of thirty days as provided in this subsection. Upon a second or subsequent offense within a period of one year, any motorcycle or motor-driven cycle used in violation of any provision of this article shall be subject to forfeiture as provided in this subsection. Such forfeiture shall be effected only upon order of the court and proceedings for such forfeiture may be commenced by the City of Davis in any court of general jurisdiction in the same manner as the commencement of a civil action. A criminal conviction of violation of a provision of this article shall not be a prerequisite to commencement of forfeiture proceedings. Notice of commencement of such action shall be served upon each owner whose right, title or interest is of record in the Department of Motor Vehicles of the State of California or appropriate federal agency; and to each owner whose name and address is known. Notice may be given to any unknown owners, or owners whose address is unknown, by publication once in a newspaper of general circulation in the city. If the court or jury finds, upon a preponderance of evidence, that the motorcycle or motor-driven cycle was used in violation of this article, the court shall order such vehicle, or the use thereof, forfeited and shall issue such orders for seizure of said vehicle as may be appropriate. In the case of a first offense, said order shall direct the City of Davis to impound said vehicle for a period of thirty days, upon the expiration of which the vehicle shall be returned to the owner. If the court or jury finds that the vehicle was used in violation of any provision of this article, but does not find that the vehicle was being used with the knowledge and consent of its owner, then the court shall order the vehicle released to said registered owner. In the case of a second or subsequent offense, if the court or jury finds that the vehicle was used in violation of any provision of this article, but does not find that a person holding a valid lien, mortgage, security interest or interest with actual knowledge that the vehicle was to be used for a purpose for which forfeiture is permitted, and if the amount due him or her is equal to, or in excess of, the appraised value of the vehicle, the court shall order the vehicle released to him or her. If the amount due him or her is less than the appraised value of the vehicle, that person may pay to the City of Davis the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon such payment, the city shall relinquish all claims to the vehicle and release said vehicle to him or her. If the holder of the interest elects not to make such payment to the city, the vehicle shall be deemed forfeited to the city and the ownership certificate shall be forwarded. Appraised value is to be determined as of the date judgment is entered on a wholesale basis, either by agreement between the legal owner and the city, or if such persons cannot agree, then by the inheritance tax appraiser for the county in which the action is brought. In the event the vehicle is not released to a registered owner or a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract, then the vehicle shall be sold in the same manner as surplus city property. Upon such sale, proceeds of such sale shall be distributed first to any person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract which is less than the value of the vehicle, and who elected not to redeem said vehicle, to the extent of such interest, when the court declaring the forfeiture orders a distribution to such person. The balance, if any, shall be deposited in a general fund of the City of Davis.", "history": "(Ord. 1139 § 1; Ord. 2390 § 40, 2012)" } ] }, { "guid": "44638928", "title": "INTERSTATE TRUCK TERMINALS AND ACCESS", "number": "22.14", "url": "https://ecode360.com/44638928", "sha256": "b49aa305b36df4b4bfe5be4b936595b4ac64227d6e19e1e551d633f77c1422e8", "exportedArticleSha256": "0529ed129b0c685e6402071e3ae6d2dd62dfd38308e35fb969c2bdab5b57c550", "sections": [ { "guid": "44638929", "number": "§ 22.14.010", "title": "Findings—Intent and purpose.", "text": "(a) It shall be the intent and purpose of this chapter to provide for the public necessity, health, safety or general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks.(b) Since state and federal law have revised current state law on truck combinations' length and width and implemented federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the city enact an ordinance delineating the process of application for terminal and route designation within the bounds of the city limits by citizens/business establishments requiring the service of the interstate trucks off the federally designated interstate highway system (i.e. I-80).", "history": "(Ord. 1307 § 1)" }, { "guid": "44638932", "number": "§ 22.14.020", "title": "Application process.", "text": "(a) Those persons qualifying as a \"terminal\" as defined in Section 22.14.030 of this chapter and requiring terminal access from federally designated highways, shall submit an application and appropriate fee to the Public Works Department, 23 Russell Boulevard, Davis, California, 95616. The form of the application shall be as prescribed by the public works director.(b) Upon receipt of the application, the public works director will determine the applicant's conformance with the \"terminal\" designation and if so approved, will then determine the capability of the route requested and/or alternate routes. Capability will be determined by existence of adequate turning radii, lane widths, and weight capacity of ramps, intersections and highways. Also a determinant factor will be general traffic conditions such as sight distance, speed and traffic volumes for safe operation. Access off the federally designated highways will require Caltrans (District 3) approval.(c) If the requested route passes through several jurisdictions (i.e. county or other municipality), applicant shall comply with each jurisdiction's application process. Coordination will be the responsibility of the entity which controls the terminal's land use.", "history": "(Ord. 1307 § 1)" }, { "guid": "44638936", "number": "§ 22.14.030", "title": "Definitions.", "text": "Terminal and interstate truck as used in sections of this chapter shall be defined as follows:Terminal.A facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured, and which serves interstate trucks.Interstate truck.Tractor semis or doubles with unlimited length as regulated by CVC Section 35401.5(a)(1) and (2).", "history": "(Ord. 1307 § 1)" }, { "guid": "44638939", "number": "§ 22.14.040", "title": "Cost recovery.", "text": "(a) Fees and costs for the application for a terminal designation shall be paid by the applicant. The application fee shall cover the cost of reviewing route(s) and terminal designation and shall be established by the public works director, subject to modification by the city council.(b) If the application for a terminal designation is approved, the applicant will be required to pay for the purchase and installation of terminal access signs and trail-blazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. The costs to be determined by the office of the public works director.", "history": "(Ord. 1307 § 1)" }, { "guid": "44638942", "number": "§ 22.14.050", "title": "Appeals process.", "text": "(a) If the office of the public works director denies terminal designation and/or route feasibility or revokes a previously approved route pursuant to this article, the applicant/terminal owner, within ten days following the date of the decision of the public works director, may appeal the decision to the city council. An appeal shall be made in the form prescribed by the public works department, shall be signed by the appellant or its agent and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the public works director or wherein his or her decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the public works director shall transmit to the city manager the terminal application, sketches of the revoked route and all other data filed therewith, including the findings and decision on the application.(b) The city manager shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the city council.(c) If Caltrans (District 3) denies or revokes terminal access from federally designated highways, an appeal may not be made to the city council, but must be made to Caltrans (District 3), utilizing Caltrans' adopted appeal procedure and within the time limits prescribed by Caltrans.", "history": "(Ord. 1307 § 1)" }, { "guid": "44638946", "number": "§ 22.14.060", "title": "Retrofitting ramps, intersections and roadways.", "text": "If all feasible routes to a requested terminal are deemed unsatisfactory by the public works director, the applicant may request retrofitting the deficiencies, but all costs of engineering, construction and inspection will be borne by the applicant. Upon request, the city will form a benefit district to assist in cost recovery by any other terminal(s) using the improved route. The benefit district costs shall be in proportion to the section of route utilized by users of the terminal assessed.", "history": "(Ord. 1307 § 1)" } ] }, { "guid": "44638947", "title": "TRANSPORTATION SYSTEMS MANAGEMENT REQUIREMENTS", "number": "22.15", "url": "https://ecode360.com/44638947", "sha256": "2f119c168c2a3226920830d14f56b0ac05defba425d464418eae95bbd3252d89", "exportedArticleSha256": "382877042f43ae5a52c9dadacc27d0cce6e9416d57275d2be812247194f90794", "sections": [ { "guid": "44638948", "number": "§ 22.15.010", "title": "Purpose.", "text": "The purpose of this article is to establish transportation systems management requirements for employers located in the city. These requirements will promote alternative commute modes and reduce the total number of vehicle trips as part of a program to achieve the following objectives:(a) Reduce peak period traffic and congestion by decreasing the number of single-occupant vehicle trips associated with commuting;(b) Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;(c) Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards; and(d) Establish TSM goals for employers so that a significant number of their employees are encouraged to arrive at the work site by means other than single-occupant vehicles.", "history": "(Ord. 1655 § 1)" }, { "guid": "44638953", "number": "§ 22.15.020", "title": "Findings.", "text": "The city council hereby finds and declares that:(a) The city general plan calls for population growth in the urban area to reach seventy-five thousand by the year 2010, which will result in substantial increases in traffic volume.(b) The geographical and meteorological conditions in the city are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies.(c) Transportation systems management techniques including, but not limited to, ridesharing, transit, compressed work weeks and bicycle use among employees are effective means of reducing work-related trips. A reduction in the number of trips will reduce congestion and vehicle emissions.(d) The city, as an employer, and other public agencies have pledged to make an effort to cooperate and implement the intent of this article at all work sites.(e) The city and the University of California, Davis jointly funded and coordinated the development of their transportation systems management plans, which serve as the foundation for good faith efforts to achieve the goals of the California Clean Air Act.", "history": "(Ord. 1655 § 1)" }, { "guid": "44638959", "number": "§ 22.15.030", "title": "Definitions.", "text": "Alternative commute modemeans a transportation method other than a single-occupant vehicle.Average vehicle ridership (AVR)means the figure derived by dividing the employee population at a work site, that report to work during the AM peak period, by the number of single- occupant autos (that have not dropped off employees at other work sites en route) driven by these employees commuting from home to the work site during these hours. Zero emission vehicles will be excluded from the count.Carpoolmeans shared ride(s) by two or more employees in motor vehicles to and from their worksite(s) (e.g., children do not count as carpoolers).Commutemeans a home-to-work or work-to-home trip.Complexmeans any nonresidential use or development which is operated as a unit, whether in common or separate ownership. To be a \"complex,\" two or more of the following must be met:(1) It is known by a common name;(2) It is governed by a common set of covenants, conditions and restrictions;(3) It was approved or is to be approved as an entity by the city council;(4) It is covered by a single-subdivision parcel map;(5) It is operated by a single management;(6) It shares common private parking; or(7) Any multitenant, nonresidential building or contiguous group of buildings under common ownership, which is not included within any of the points stated above.Compressed work weekmeans the schedule of any forty-hour-per-week weekday employee who regularly works less than ten days during any fourteen-day period. An example of such a schedule would be four ten-hour work days per week.Employeemeans any person hired an employer, including part-time and seasonal workers, but excluding any independent contractors hired by the employer. For purposes of survey information, an employer who owns a business and arrives at the work site during the commute peak period shall be defined as an employee.Employermeans any public or private entity, including the city, with a permanent place of business or work site in the city. Employers with less than ten employees (including any working owners) are excluded from compliance with this article.Existing complexmeans a complex that has been issued a building permit prior to the effective date of the ordinance codified in this article.Major employermeans an employer who employs one hundred or more employees.Minor employermeans an employer who employs ten to ninety-nine employees.Peak periodmeans the commute hours from 6:00 a.m. to 10:00 a.m. during weekdays.Ridesharingmeans two or more persons traveling together (see carpool).Single-occupant vehicle (SOV)means an automobile, light truck or motorcycle occupied by one person.Transitmeans public transportation including bus or rail services.Transportation coordinatormeans an individual trained to promote and implement TSM strategies at the work site. Training to be approved by the city or transportation management association.Transportation management association (TMA)means an organization formed under Section 501(c)(4) of the Internal Revenue Code for purposes of providing services that promote efficient transportation system programs.Transportation management certificate (TMC)means a document issued by the city to denote compliance with the requirements set forth in this article.Transportation management plan (TMP)means a document detailing transportation systems management measures to reduce vehicle trips to and from the work site.Transportation systems management (TSM)means measures to better utilize existing transportation facilities and services, and promote alternate commute modes.TSM administratormeans the person designated by the city manager with the responsibility for the implementation of the article.TSM handbookmeans a document prepared by an employer or TMA for use by employees to further the goals of this article.Work sitemeans the place of employment, base of operation or location of employees.Zero emission vehicle (ZEV)means any vehicle deemed a zero emission vehicle by the California Air Resources Board.", "history": "(Ord. 1655 § 1)" }, { "guid": "44638991", "number": "§ 22.15.040", "title": "Requirements.", "text": "(a) Major employers. All major employers within the city shall obtain a transportation management certificate (TMC) as described in Section 22.15.050. Complexes with a total of one hundred or more employees shall be treated under this article as a major employer, unless classified as an existing complex. In existing complexes, individual employers shall be classified as defined in Section 22.15.030.(b) Minor employers.(1) On an ongoing yearly basis, minor employers shall:(A) Post information which describes the benefits of transit, ridesharing, bicycling and walking as alternative modes, and which describes the facilities, services, schedules, rates and other pertinent information relevant to such transportation options;(B) Designate a transportation coordinator to coordinate with local transit agencies and the ridesharing agency for the distribution of alternative commute information including transit information and ridesharing applications; promote the sale of transit passes; assist in establishing car/van pools with preferential parking options; and promote employee benefits which encourage alternative commute modes;(C) Provide newly hired employees with alternative commute mode information that includes pertinent transit information and ridesharing applications;(D) Cooperate with the city in an annual survey of employee commute patterns to determine average vehicle ridership (AVR);(E) Active membership in a TMA may be substituted for items (A), (B) and (C) above.(c) Residential developments.(1) New residential developments shall be designed to further the goals of this article. Transit access and design features which encourage ridesharing, walking and bicycle use shall be considered in all new proposals.(2) The city or the designated TMA shall institute a program to provide new or relocated residents with information on alternate transportation modes.(3) Apartment complexes shall post information, approved by the TSM administrator or provided by the TMA, on alternate transportation modes.(d) Projects. All new projects shall be designed to further the goals of this article.(1) Major projects shall be those which, using a standard reference work, are expected to be occupied by one hundred or more employees. All major projects within the city shall obtain a transportation management certificate (TMC) as described in Section 22.15.050.(2) Minor projects shall be those which, using a standard reference work, are expected to be occupied by ten to ninety-nine employees. The property owner of a minor project shall provide facilities to post information on alternative commute modes. Also, the property owner shall coordinate with the appropriate transit and rideshare agency(s) or TMA to maintain and provide current information, as outlined under Section 22.15.040(b).(3) Expansion projects shall mean any development which proposes structural expansion. If after such expansion the development will be the primary place of business of between ten to ninety-nine employees, as shown by a standard reference work, it shall be deemed a minor project. If after such expansion the development will be the primary place of business of one hundred or more employees, as shown by a standard reference work, it shall be deemed a major project.(e) Exemptions. Notwithstanding any other provisions of this article, the following activities shall be exempt from the requirements of this article:(1) Temporary construction activities, including activities performed by engineers, architects, contractors, subcontractors, and construction workers when such activities are related to the construction, development or other improvements to real property;(2) Emergency activities in which persons are employed to render aid or other services in the event of an emergency or natural disaster;(3) Other temporary activities which employ persons for a period of less than ninety days.(f) Schedule of compliance. Implementation requirements and methods for compliance shall be contained in the employers TSM handbook. All major and minor employers and major and minor projects shall comply with this article in accordance with the schedule set below:(1) All employers shall comply with the provisions of this article within eighteen months after the effective date of the ordinance codified in this article. A TMC will not be required of any group or individual until six months after the effective date of the ordinance codified in this article. After this period, major employers must file a TMP annually.(2) All major projects are required to comply with the provisions of this article beginning six months after the effective date of the ordinance codified in this article.(3) All minor projects are required to comply with the provisions of this article beginning one year after the effective date of the ordinance codified in this article.", "history": "(Ord. 1655 § 1)" }, { "guid": "44639016", "number": "§ 22.15.050", "title": "Transportation management certificate (TMC).", "text": "(a) Certificate requirements.(1) All major employers and major projects shall be required to file a transportation management plan (TMP) with the transportation systems management (TSM) administrator.(2) The goal of the TMP is to designate TSM measures which will result in an average vehicle ridership (AVR) of 1.5 during the peak period by 1999. Based on employee surveys, an existing base year AVR will be established for each employer. The difference between the base year and the 1.5 AVR goal will be divided by the number of years between the base year and 1999 to establish the yearly increase in the AVR goal for that employer.(3) A TMC shall be granted to the major employer or major project for a one-year period upon approval of the TMP by the TSM administrator.", "history": "(Ord. 1655 § 1)" }, { "guid": "44639021", "number": "§ 22.15.060", "title": "Transportation management plan (TMP).", "text": "(a) Requirements.(1) Goal of 1.5 Average Vehicle Ridership (AVR). The goal of this article is to have an AVR of 1.5 for peak period commute trips by 1999, in order to comply with state mandate. Employers and projects shall develop TMPs with yearly progress goals for increasing alternative commute modes for their employees or tenants.Membership in a TMA. The goal of 1.5 AVR will be reduced to 1.4 for major employers if they join a TMA. This goal may be further reduced to 1.35 AVR for active membership in a TMA that has maintained an overall 1.35 AVR.(2) Minimum Requirements.(A) Major Employer. At a minimum, the employer TMP shall include the following provisions:(i) Document compliance with minimum TSM measures as specified for minor employers;(ii) Provide a status report on current commute modes for employees in a format specified by the TSM administrator;(iii) Document the TSM measures needed to increase AVR in the following year; and(iv) Provide a plan for implementing the selected TSM measures.(B) Major project (TMP), at a minimum, shall include the following provisions:(i) Compliance with the requirements for a minor project;(ii) Designate a transportation coordinator for the site;(iii) Agree to provide annual status reports to the TSM administrator in the specified format;(iv) Prepare an approved TMP to provide facilities and a framework for services conducive to attaining the AVR goal. After the plan is approved by the city, it shall be made binding on the property owner and any successors in interest;(v) The plan obligations shall either be recorded in the covenants, conditions and restrictions prepared for the development or separately recorded. The property owner may request modification of the plan by filing an application with the TSM administrator.(3) Multiple Work Sites. The TMP of a major employer with multiple work sites, each having one hundred or more employees, shall address TSM measures for each site. If the employer has work sites with ninety-nine or less employees, the TMP shall list all work sites and the number of employees at each site. The AVR goals shall apply to the total number of employees commuting to all work sites of the major employers.(4) Coordination of TMP Requirements.(A) If the work site is located in a project with a project TMP in effect, the employer TMP shall be coordinated with the project TMP. The employer may request the project owner revise the project TMP to incorporate appropriate TSM measures for their employees.(B) A complex and the employers within a complex may, with the consent of the TSM administrator, coordinate and submit one TMP. The TMP must, at a minimum, fulfill the requirements that would apply to the largest entity within the complex, or the complex itself, whichever is largest, recognized by this article. The TMP, if accepted by the TSM administrator, would be applicable to each entity within the complex and the complex itself. Violations of the Article would apply to each entity individually. Existing complexes may also coordinate in this manner.(5) Issuance of TMC. At least sixty days before the schedule set forth in Section 22.15.040, all persons required by this article to obtain a TMC shall submit a complete employer or project TMP application. Upon receiving the employer or project TMP, the TSM administrator shall examine the plan to determine whether the plan complies with the provisions contained in Section 22.15.050. On-site visits to work areas by the TSM administrator may be conducted as necessary to determine compliance with these provisions.Except as otherwise provided, the TSM administrator shall approve the TMP upon finding that the requirements contained in this article have been met. The TMC shall be valid for a period of one year from the date of issuance by the TSM administrator. The TSM administrator shall notify the applicant, in writing, of the decision to issue or not to issue the TMC.The TSM administrator shall also notify, in writing, any other person who has requested notice of the decision and proceedings on any particular TMC or on TMCs in general.A decision to approve or disapprove the TMP shall be deemed final fourteen calendar days after the date that the applicant receives notice of the TSM administrator's decision, unless an appeal has been filed.(6) Renewal of Certificate.(A) Renewal of Certificates with Less Than 1.5 AVR. The TMC shall be renewed annually. In order to renew a TMC, each employer and project shall provide the following information to the TSM administrator at a minimum:(i) Provide an update of the initial status report in a format specified by the TSM administrator;(ii) Provide a summary of the previous year's TSM program, progress in meeting TMP goals, and a description of program organization and resources.The TSM administrator may require additional documentation or may visit the site and conduct his or her own survey. The employer or designee shall submit the required information to the TSM administrator.If the information provided indicates the employer or project has achieved the peak period AVR goal, a TMC shall be renewed as specified in Section 22.15.050. If the information provided indicates that the goal has not been reached after a period of two years, the employer or project shall amend its TMP to include additional TSM measures.(B) Attainment of Reduction Goal. If the monitoring information provided for the renewal of the TMC indicates the achievement of the AVR goal during two consecutive years, the employer or project may apply for a TMC valid for two years.", "history": "(Ord. 1655 § 1)" }, { "guid": "44639046", "number": "§ 22.15.070", "title": "Enforcement.", "text": "(a) For employers required to obtain a TMC under Section 22.15.050, a good faith effort to carry out provisions of the TMP shall be measured by the following criteria:(1) Membership in a TMA;(2) Documented activities of the transportation coordinator;(3) Number of employees that have made mode choice changes from the single- occupant vehicle during the past year;(4) Other criteria established by the TSM administrator.(b) Major employer. If a major employer fails to file a plan or fails to make a good faith effort to carry out the provisions of the plan as determined by the TSM administrator within sixty days following receipt of written notice, a penalty of one hundred dollars per day shall be imposed.(c) Minor employer. If a minor employer fails to make a good faith effort to comply with the provisions of Section 22.15.040(b), the following fee penalties shall be imposed:(1) For failure to comply within thirty days following receipt of written notice from the TSM administrator—two hundred fifty dollars.(2) For failure to comply within thirty days following receipt of second written notice from the TSM administrator—one thousand dollars.", "history": "(Ord. 1655 § 1)" }, { "guid": "44639056", "number": "§ 22.15.080", "title": "Appeals.", "text": "Any decision of the TSM administrator pursuant to this article may be appealed to the city manager within ten days. After a hearing, the city manager may confirm, modify, or nullify the decision of the TSM administrator. The decision of the city manager shall be final.", "history": "(Ord. 1655 § 1)" } ] }, { "guid": "44639057", "title": "ELECTRIC VEHICLES AND CAR SHARE VEHICLES", "number": "22.16", "url": "https://ecode360.com/44639057", "sha256": "39d919193ceb22e2d9eb8082a2a3dce0048bca6f045e18e0d9ea29cf217cc25c", "exportedArticleSha256": "4304f05ff48e70b804259f8620bde3609a3b284d60d2ad6e26eb22fbdb53991d", "sections": [ { "guid": "44639058", "number": "§ 22.16.010", "title": "Findings.", "text": "The city council of the City of Davis hereby finds and declares:(a) The City of Davis is part of the federal air quality non-attainment area of the Sacramento region.(b) Alternative fuel vehicles make a valuable contribution towards complying with federal and state ambient air quality standards.(c) The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of this state.(d) Public charging sites for electric vehicles allow electric vehicle operators to efficiently travel into and through the city and also contribute to their safety.(e) The provision of preferential and restricted parking provides for the orderly use of limited public resources and is an incentive for increased ownership of electric vehicles.(f) The provision of preferential and restricted parking provides for the orderly use of limited public resources and is an incentive for increased use of car share vehicles.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639065", "number": "§ 22.16.020", "title": "Scope.", "text": "The provisions of this article are intended to regulate the use of designated public electric vehicle parking spaces equipped with public electric vehicle chargers and car share vehicles in all public parking lots and city streets.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639066", "number": "§ 22.16.030", "title": "Definitions.", "text": "Unless the context clearly requires otherwise, the following definitions shall apply with respect to the use of the following terms in this article:Car share vehicleis a motor vehicle that is shared by members of the public and paid for by the member using the vehicle. A car share vehicle must be designated as a car share vehicle by the city to be eligible to park in a car share vehicle parking space, as set forth herein.Electric/car share vehicle parking spaceis any legally marked parking space that identifies the use to be exclusively for an electric or car share vehicle.Electric vehicleis any motor vehicle that receives motive power from a battery or other storage device that receives electricity from an external source such as a charger.Electric vehicle chargeris a device which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.Non-electric vehicleis any motor vehicle that does not meet the definition of \"electric vehicle.\"Public electric vehicle chargeris an electric vehicle charger that is owned and maintained by the city.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639073", "number": "§ 22.16.040", "title": "Electric/car share vehicle parking spaces—Generally.", "text": "(a) Electric/car share vehicle parking spaces are reserved for parking electric or car share vehicles only as marked.(b) Electric/car share vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639076", "number": "§ 22.16.050", "title": "Prohibitions.", "text": "(a) When a sign authorized under Section 22.16.070 provides notice that a space is a designated electric vehicle parking space, no person shall park or stand any non-electric motor vehicle in a designated electric vehicle parking space.(b) Pursuant to Section 22.08.305, parking of any electric vehicle in any designated electric vehicle parking space between the hours of 8:00 a.m. and 6:00 p.m., excluding Sundays and holidays, shall be limited to a period of not more than four hours unless the electric vehicle is parked in a parking space that allows for an electric vehicle to be lawfully parked for more than four hours.(c) When a sign authorized under Section 22.16.075 provides notice that a space is a designated car share vehicle parking space, no person shall park or stand any vehicle that is not a city designated car share vehicle in a designated car share vehicle parking space.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639080", "number": "§ 22.16.060", "title": "Exception.", "text": "This article does not apply to parking provided in private parking lots for residential or commercial uses.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639081", "number": "§ 22.16.070", "title": "Noticing of electric vehicle parking spaces.", "text": "Upon adoption by the city council of the ordinance codified in this article, the city engineer shall cause appropriate signs and marking to be placed in and around electric vehicle parking, spaces, indicating prominently thereon the parking regulations. The signs shall state that the parking space is reserved for electric vehicles, that an electric vehicle may only park in the space for four hours and that violators are subject to a fine and removal of their vehicle.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639082", "number": "§ 22.16.075", "title": "Noticing of car share vehicle parking spaces.", "text": "Upon adoption by the city council of the ordinance codified in this article, the city engineer shall cause appropriate signs and marking to be placed in and around car share vehicle parking, spaces, indicating prominently thereon the parking regulations. The signs shall state that the parking space is reserved for car share vehicles, that a car share vehicle may only park in the space and that violators are subject to a fine and removal of their vehicle.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639083", "number": "§ 22.16.080", "title": "Violations—Penalties.", "text": "(a) Violations of this article shall be punishable as infractions. Punishment shall be by a fine not to exceed the fine prescribed in accordance with Section 36900 of the California Government Code or successor legislation. Each day such violation is committed shall constitute a separate offense and shall be punishable as such.(b) In addition to a fine, a person who has parked or left a vehicle standing upon a street, alley or city parking lot in violation of this article, is subject to having the vehicle removed from the street, alley, or city parking lot by any member of the police department authorized by the police chief in the manner and subject to the requirements of the Vehicle Code of the State of California.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" }, { "guid": "44639086", "number": "§ 22.16.090", "title": "Regulations not exclusive.", "text": "The regulations contained in this article do not supersede or preclude the enforcement of any zoning regulation, noise regulation or any other regulation contained in this Code which may be applicable to any conduct regulated hereby.", "history": "(Ord. 2087 § 1, 2002; Ord. 2368 § 1, 2010)" } ] }, { "guid": "44639087", "title": "BIKEBUS PEDICABS", "number": "22.17", "url": "https://ecode360.com/44639087", "sha256": "a4771add80550ea709202ed7c68ba5b37094b6fe4aec64af3e6dfc60707a9352", "exportedArticleSha256": "3635632e19c266e38a19a56e140dd675808e3c3eede71027e8638a1f93f42952", "sections": [ { "guid": "44639088", "number": "§ 22.17.010", "title": "Purpose and intent.", "text": "The city council recognizes that the variety of entertainment activities in the city provide a rich and diverse social and cultural experience for residents and visitors of the city alike. The council also recognizes that pedicabs and bikebuses offer residents and visitors a new and active way to experience the city, travel to special events and explore different destinations and entertainment venues within the community.State Vehicle Code amendments establishing definitions and regulations for operation of pedicabs and pedal powered devices used for transporting passengers for hire, as set forth in Vehicle Code Section 21215 et seq., also authorize local governments to impose more stringent operating and equipment requirements than those set forth in state law. Accordingly, the purpose of this article is to impose reasonable permitting requirements on local bikebus pedicab operators to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the city.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639089", "number": "§ 22.17.020", "title": "Definitions.", "text": "The following words and phrases shall have the following meanings when used in this article:Alcoholic beveragehas the same meaning as defined in California Business and Professions Code Section 23004.Bikebus pedicabmeans a four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of fifteen miles per hour, and is being used for transporting passengers for hire. A bikebus pedicab shall also be subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11 of the California Vehicle Code, as may be amended from time to time.Bikebus pedicab driver or drivermeans an individual who drives or operates a bikebus pedicab within the city, whether as an owner, an employee of the owner, or as an independent contractor.Bikebus pedicab owner or ownermeans any person who owns, leases, or possesses a bikebus pedicab(s).Bikebus pedicab permitmeans the numbered permit issued by the city for display on a pedicab to indicate that the pedicab is permitted to operate within the city.Driver permitmeans a written permit issued by the city authorizing a person to drive or operate a bikebus pedicab within the city.Operates within the citymeans the soliciting, accepting, picking-up, or embarking within the city of a passenger for transportation to any point within or outside the city for any form of consideration.Police chiefincludes the police chief of the City of Davis and designee.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639098", "number": "§ 22.17.030", "title": "Bikebus pedicab pilot period.", "text": "(a) Bikebus pedicabs are authorized to operate within the city, subject to the rules and regulations set forth herein and all applicable state laws and regulations.(b) Notwithstanding subdivision (a) above, the operation of bikebus pedicabs in the city shall be restricted to no more than two total bikebus pedicab owners at any given time, until one year from the date the first bikebus pedicab permit is issued.(c) Applications during this period shall be accepted on a first-come, first-served basis. During this pilot period, the police chief shall study the adequacy of the requirements and regulations established pursuant to this article, including consideration of the following:(1) Whether the operational and permitting requirements are adequate to protect the general public health, safety and welfare, including safety of passengers and drivers of bikebus pedicabs; and(2) Whether authorizing additional bikebus pedicab owners would be detrimental to the public health, safety, or welfare.(d) Prior to the conclusion of the pilot period one year from the date the first bikebus pedicab permit is issued the police chief shall report his findings to the city council.(e) After the conclusion of the pilot period one year from the date the first bikebus pedicab permit is issued the police chief may, in his or her sole discretion, issue additional bikebus pedicab owner permits. The police chief may decline to accept bikebus pedicab owner permit applications, if in his or her discretion it is determined that there is an over-concentration of bikebus pedicab owners in the city, or that additional bikebus pedicab owner permits would be detrimental to the public health, safety and welfare.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639106", "number": "§ 22.17.040", "title": "Bikebus pedicab operations—General conditions.", "text": "In addition to any other applicable state laws and regulations, the operation of bikebus pedicabs in the city are subject to the following requirements:(a) Every bikebus pedicab operating within the city must first obtain a bikebus pedicab permit. No person shall drive or operate a bikebus pedicab within the city without having a valid bikebus pedicab driver permit.(b) A driver shall have his or her current valid motor vehicle driver's license issued by the state of California on his or her person at all times while driving or operating a bikebus pedicab.(c) Driver permits and bikebus pedicab permits are the property of the city and are not transferable to any other person.(d) Alcoholic beverages are prohibited on bikebus pedicabs, regardless of whether the bikebus pedicab is in motion, stopped, or parked.(e) No bikebus pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to other motorists or pedestrians.(f) No owner or driver of a bikebus pedicab shall knowingly permit such bikebus pedicab to be used for unlawful purposes or knowingly transport persons for such purposes.(g) All permitted bikebus pedicabs shall be maintained in working order and good repair.(h) For the purpose of immediately loading or unloading passengers, a bikebus pedicab may remain standing upon a street if the bikebus pedicab is in any legal parking stall, designated loading zone, or any other location that does not impede pedestrian or vehicular traffic, including bike lanes and bicycle paths. Otherwise, a bikebus pedicab driver must comply with on-street parking regulations regarding loading zones, fire zones, space designated for carriages, taxis, busses, the disabled, and metered parking spaces. The police chief may set forth specific additional locations where bikebus pedicabs are allowed to park or stand.(i) No bikebus pedicab driver shall leave a bikebus pedicab unattended, while in operation for the solicitation or transportation of passengers, for a period of more than fifteen minutes at a time unless parked in one of those specific locations identified by the police chief.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639116", "number": "§ 22.17.050", "title": "Application for driver permit.", "text": "(a) The pedicab driver permit application form shall be in a form prescribed by the police chief.(b) An application for a driver permit shall include, at a minimum, the following information:(1) The applicant's full name;(2) The applicant's business and residence addresses and phone numbers;(3) The name(s) of the business or company, if any, for which the driver works as a pedicab driver;(4) The applicant's date of birth;(5) Identification in the form of a current and valid motor vehicle driver's license issued by the state of California;(6) Such other information and material as the police chief may require to evaluate the fitness of the applicant to drive or operate a bikebus pedicab.(c) Each applicant must sign the application, which shall contain a warning that the application may be denied or the permit suspended, modified, or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab driver permit.(d) A driver shall report to the police chief a change in any of the information provided on the driver permit application within three business days of the change, including, but not limited to, any change in the status of his or her driver's license to the city.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639127", "number": "§ 22.17.060", "title": "Driver permits.", "text": "(a) Every permitted driver operating a bikebus pedicab must comply with this article and the conditions and contents of his or her driver permit, which shall include, but is not limited to:(1) A driver shall have his or her current valid motor vehicle driver's license issued by the state of California on his or her person at all times while driving or operating a bikebus pedicab.(2) Driver permits are the property of the city and are not transferable to any other person.(3) A driver shall not consume or allow to be consumed any alcoholic beverages on a bikebus pedicab, regardless of whether the bikebus pedicab is in motion, parked, or stalled.(4) Any other reasonable operating conditions which may be imposed by the police chief, including designated or prohibited bikebus pedicab routes or streets and hours of operation.(b) Driver permits are valid for a period of one year. A driver permit may be renewed for an additional one-year period, only upon successful submission of a new application for a driver permit.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639134", "number": "§ 22.17.070", "title": "Bikebus pedicab permits.", "text": "(a) No bikebus pedicab owner shall lease, rent, or allow a bikebus pedicab to be driven or operated for hire within the city without obtaining a valid bikebus pedicab permit. If an owner will have more than one bikebus pedicab operating in the city, each bikebus pedicab must obtain a valid bikebus pedicab permit.(b) The bikebus pedicab permit shall be permanently affixed in a conspicuous and visible location within the pedicab.(c) Bikebus pedicab permits are the property of the city and are not transferable to any other bikebus pedicab.(d) Bikebus pedicab permits are valid for a period of one year. A bikebus pedicab permit may be renewed for an additional one-year period, only upon successful completion of an inspection pursuant to the provisions of Section 22.17.090.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639139", "number": "§ 22.17.080", "title": "Application for bikebus pedicab permit.", "text": "(a) The bikebus pedicab permit application form shall be in a form prescribed by the police chief.(b) An application for a bikebus pedicab permit shall include, at a minimum, the following information:(1) The bikebus pedicab owner's full name;(2) The owner's business and residence addresses and phone numbers;(3) A description of the bikebus pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme;(4) Seating capacity of the pedicab;(5) Proof of insurance in a form acceptable to the city and in accordance with the requirements of Vehicle Code Section 21215, unless the police chief determines additional proof of financial responsibility is required; and(6) Such other information and material as the police chief may require to evaluate the fitness of the bikebus pedicab for safe operation in the city.(c) Each owner of the bikebus pedicab must sign the application, which shall contain a warning that the application may be denied or the permit suspended, modified, or revoked if the owner misrepresents facts relevant to the fitness of the bikebus pedicab to safely operate in the city.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639149", "number": "§ 22.17.090", "title": "Requirements for issuance of a bikebus pedicab permit.", "text": "(a) A bikebus pedicab permit will be issued only after the bikebus pedicab has been inspected by the city. Inspections shall include inspection of such things as seatbelts, seat backs, brakes, reflectors, lights, and grab rails, as may be applicable in the discretion of the police chief.(b) The police chief is authorized to develop and implement additional regulations and policies regarding the appropriate operational and equipment requirements for bikebus pedicabs, in accordance with Vehicle Code Section 21215 et seq.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639152", "number": "§ 22.17.100", "title": "Permit fees.", "text": "(a) The city shall charge a nonrefundable fee for each driver permit and bikebus pedicab permit application and renewal, in an amount established by city council resolution, to recover the cost of the administration, regulation, and issuance of driver and bikebus pedicab permits.(b) The city shall charge to each bikebus pedicab owner a nonrefundable inspection fee, in an amount established by resolution of city council, to recover the cost of inspecting each bikebus pedicab.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639155", "number": "§ 22.17.110", "title": "Report of accidents.", "text": "(a) A bikebus pedicab driver shall immediately report to the owner of the bikebus pedicab any accident or collision in which he or she is involved while operating a bikebus pedicab, which results in property damage or personal injury of any kind.(b) A bikebus pedicab owner whose bikebus pedicab is involved in any accident or collision resulting in property damage or personal injury of any kind shall within forty-eight hours of being informed of the accident or collision give a written report thereof to the police chief.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639158", "number": "§ 22.17.120", "title": "Denial of permits.", "text": "The police chief may deny issuance of a bikebus pedicab driver permit or bikebus pedicab permit if an applicant for such permit:(a) Fails to comply with the requirements of this article;(b) Misrepresents facts relevant to the fitness of the applicant;(c) Is currently required to register pursuant to California Penal Code Section 290;(d) Has been convicted of a crime involving moral turpitude; or(e) Has been convicted for hit and run, driving a vehicle recklessly or while under the influence of intoxicating alcohol or drugs within the seven years immediately preceding application for a permit.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639164", "number": "§ 22.17.130", "title": "Suspension, modification, or revocation of permits.", "text": "The police chief may suspend, modify or revoke a bikebus pedicab driver permit or bikebus pedicab permit if the holder of the permit:(a) Fails to comply with the requirements of this article;(b) Misrepresents facts relevant to the fitness of the bikebus pedicab owner, driver, or bikebus pedicab, as may be relevant, if such misrepresentation becomes known after a permit has been issued;(c) Violates the traffic laws of the city, county or state;(d) Fails to operate and maintain bikebus pedicabs in good order and repair;(e) Fails to pay any fines, penalties, fees or damages lawfully assessed upon the owner or driver of a bikebus pedicab; or(f) Fails to comply with the rules and regulations prescribed by the police chief, including any equipment or operational conditions imposed upon the granting of a permit.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639171", "number": "§ 22.17.140", "title": "Right of appeal from denial, suspension, modification, or revocation of permit.", "text": "Any applicant or permittee aggrieved by a decision of the police chief in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in Section 22.17.160.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639172", "number": "§ 22.17.150", "title": "Appeal proceedings.", "text": "(a) Appeal to city manager or designee.(1) Any applicant or permittee who desires to appeal a decision of the police chief as specified in Section 22.17.150, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:(A) A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;(B) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;(C) The signatures of all parties named as appellants and their official mailing addresses; and(D) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.(2) Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.(3) Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.(4) Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.(5) Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.(6) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.(7) In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct bikebus pedicab operations (as driver or owner, as applicable) during the pendency of any appeal.(b) Hearings—Generally.(1) At the time set for hearing, the hearing officer shall proceed to hear the testimony of the police chief, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.(2) The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.(3) The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.(4) In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.(c) Conduct of hearing.(1) Hearings need not be conducted according to the technical rules relating to evidence and witnesses.(2) Oral evidence shall be taken only upon oath or affirmation.(3) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.(4) The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.(5) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.(6) Each party shall have these rights, among others:(A) To call and examine witnesses on any matter relevant to the issues of the hearing;(B) To introduce documentary and physical evidence;(C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;(D) To impeach any witness regardless of which party first called the witness to testify;(E) To rebut the evidence presented against the party; and(F) To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.(7) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.(d) Form and contents of decision—Finality of decision.(1) If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the police chief's decision to deny, suspend, modify, revoke or condition the permit. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the police chief's determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.(2) The city manager's determination of the appeal shall be final.(3) The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.(4) The decision shall be final when signed by the city manager and served as provided in this section.", "history": "(Ord. 2507 § 2, 2017)" }, { "guid": "44639209", "number": "§ 22.17.160", "title": "Enforcement authority.", "text": "(a) In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative citations pursuant to Article 1.02.(b) Any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with Section 36900 of the California Government Code.(c) All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions of this article.", "history": "(Ord. 2507 § 2, 2017)" } ] }, { "guid": "44639213", "title": "(RESERVED)", "number": "22.18", "url": "https://ecode360.com/44639213", "sha256": "9c755ff73b66c110e07fc2384dd10f8c318f9d2aada83b1d7d567920b7d210fa", "exportedArticleSha256": "624d57da3e7acef33d63da688c1a5bbc16eb4ed651f58a184c378da6e0de94a9", "sections": [] }, { "guid": "44639229", "title": "NUISANCES", "number": "23.01", "url": "https://ecode360.com/44639229", "sha256": "bcae5ad355b27954b1f1dcaa59eb3e5547570a6d5f5b7f33d81f09a94468be07", "exportedArticleSha256": "95e614efcc386d9176ed826ed62f714593ea66370fde3ae53bb1dacf86b9dd97", "sections": [ { "guid": "44639230", "number": "§ 23.01.010", "title": "Application.", "text": "The provisions of this chapter shall apply to all property throughout the City of Davis wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other city, state or federal law, shall not be deemed to violate this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639231", "number": "§ 23.01.020", "title": "Definitions.", "text": "For the purposes of this chapter, the following words shall have the specified meanings:Administrative citation.An administrative citation is a \"ticket\" issued when voluntary compliance is not obtained within a reasonable time. Administrative citations are not part of the judicial process unlike infractions or misdemeanors citations.City.The City of Davis, a municipal corporation of the State of California.Code compliance administrator.The city's building official and the authorized representative(s) of the city's building official.Department head.The department head of the community development and sustainability department, the fire chief, the police chief, the city manager, and the city attorney, and their authorized representative(s).Highway.Any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes city streets.Inoperative vehicle.Any vehicle which cannot be legally operated on the street because of lack of current registration, lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.Junk.Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.Junkyard.Any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.Notice and Order.A notice and order is legal notice which detail structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar.Owner.Owner of record of real property, occupant, lessee, or interested holder in same, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.Person.Any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.Premises.Any real property or improvements thereon.Service Station.Any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.Special Assessment Lien.A special assessment lien is a lien placed on real property and is collected by the county tax assessor.Vehicle.Any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639247", "number": "§ 23.01.030", "title": "Nuisances.", "text": "(a) Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.(b) It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:(1) Any condition recognized in law or equity as constituting a public nuisance;(2) Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;(3) Any condition that is in violation of any duly enacted ordinance of the Davis Municipal Code, or resolution or lawful order promulgated by authorized city officials;(4) Any condition in violation of Chapter 40, Zoning, of this Code, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the city council or the planning commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;(5) Anything defined as a nuisance pursuant to state and federal law, including, but not limited to, California Civil Code Section 3479 et seq.;(6) Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq., and 39560 et seq., as enacted or hereafter amended and enforced by city ordinance and resolutions;(7) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;(8) Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded;(9) Any condition that constitutes a visual blight. For purposes of this Code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:(A) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials,(B) Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment,(C) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, \"active state of renovation or restoration\" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed ninety days, whether consecutive or non-consecutive, out of any twelve-month period,(D) Stagnant water or excavations,(E) Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location,(F) Vehicles parked on any surface other than an \"improved surface\" or \"driveway,\" as those terms are defined in Chapter 40 of this Code;(10) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project;(11) Any condition of a building or structure deemed to be unsafe or that in the discretion of the code compliance administrator or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this Code or any other applicable law;(12) Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor;(13) Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city;(14) The emission into the open air of visible smoke from any residential indoor non-wood pellet-burning appliance or any non-EPA-Phase II certified wood burning appliance or fireplace used for home-heating purposes in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of any reasonable person or to cause unreasonable injury or damage to property or which could cause annoyance or discomfort in the area of the emission.", "history": "(Ord. 2219, 2005; Ord. 2424, § 2, 2013)" }, { "guid": "44639270", "number": "§ 23.01.040", "title": "Responsibility for property maintenance.", "text": "(a) Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.(b) Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639273", "title": "ENFORCEMENT", "number": "23.02", "url": "https://ecode360.com/44639273", "sha256": "6a7a9ff1ea6c5177dd57097c38d0b325ca253f49293c7094709354a2f313bdc6", "exportedArticleSha256": "5160a19a3bd03f9bfb565866a45da8f7702c0277d5558916cc233acc5d6ee170", "sections": [ { "guid": "44639274", "number": "§ 23.02.010", "title": "Authority.", "text": "(a) The code compliance administrator and the department head are hereby authorized and directed to use the provisions of this chapter for the purpose of enforcing this chapter and for abating or causing abatement of those nuisances which exist as the result of violation of those ordinances and laws for which their departments have primary enforcement responsibility.(b) Pursuant to California Code of Regulations, Title 25, Section 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of, the regulations and procedures for abatement contained in Article 6 of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations.(c) Nothing in this chapter shall be construed to limit the authority of the police chief of the city to enforce all laws within the police chief's jurisdiction.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639278", "number": "§ 23.02.020", "title": "Right of entry.", "text": "(a) Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the code compliance administrator or the department head may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this Code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.(b) Whenever practicable, the code compliance administrator or the department head shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the code compliance administrator or the department head shall also, if practicable, contact such owner.(c) If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the department head shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639282", "number": "§ 23.02.030", "title": "Violations and penalties.", "text": "(a) It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sublessor, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:(1) Such person shall be subject to summary or administrative abatement of the nuisance by the city, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the city pursuant to the summary or administrative abatement procedures contained in the Davis Municipal Code or any other provisions of law;(2) Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars, or by imprisonment of not longer than six months, or both for each violation;(3) Such person shall be prosecuted in a civil action, criminal action, or both brought by the city. The city attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the city;(4) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639288", "number": "§ 23.02.040", "title": "Administrative citations.", "text": "An administrative citation may be issued for any violation of this article pursuant to Davis Municipal Code Chapter 1, Section 1.02.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639289", "number": "§ 23.02.050", "title": "Additional enforcement.", "text": "Nothing in this chapter shall be deemed to prevent the city from commencement of any available administrative, civil and/or criminal processing to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639290", "number": "§ 23.02.060", "title": "Cumulative remedies.", "text": "The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all city ordinances for the abatement or punishment of any violation thereof, are cumulative and may be pursued alternatively or in combination. Provisions of this Code are to be supplementary and complementary to all of the city ordinances, the Davis Municipal Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances and to enforce its ordinances.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639291", "number": "§ 23.02.070", "title": "Permits required.", "text": "When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the code compliance administrator. In establishing the timeline the code compliance administrator shall provide a time frame, that in his or her judgment, is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established timeframe shall be deemed a continuing violation subject to the remedies established in this article.Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the city in enforcing and/or causing the abatement of any violation of the Davis Municipal Code.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639292", "title": "SUMMARY ABATEMENT", "number": "23.03", "url": "https://ecode360.com/44639292", "sha256": "15b2e707b25a0950bda43b7df8c69c547ed1e4ac668708f9e70027b5bc2ec174", "exportedArticleSha256": "ba81d769aa6be829b2402d9077ac42d099c4962e93fe8aafe4b39ea68ede6477", "sections": [ { "guid": "44639293", "number": "§ 23.03.010", "title": "Summary abatement.", "text": "(a) The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the manager and the city attorney, or their respective designees. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.(b) The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.(c) Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the special assessment lien procedures contained in this Code or any other applicable provision of law.(d) As soon as practicable following completion of the abatement, the code compliance administrator or the department head shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639298", "title": "ADMINISTRATIVE ABATEMENT", "number": "23.04", "url": "https://ecode360.com/44639298", "sha256": "8cb70e091627539c4720b5466b295ca386d29afb6625a31b560e466858ec6851", "exportedArticleSha256": "27e51c4b279c56eaa5e251465c7b956aae3ad35802fc076987a0c9f583bda852", "sections": [ { "guid": "44639299", "number": "§ 23.04.010", "title": "Commencement of proceedings.", "text": "(a) Whenever the code compliance administrator or the department head has inspected or caused to be inspected any premises or condition and has found and determined that such premises or condition are in violation of this chapter, and that such violation does not pose an immediate danger to health or safety, the code compliance administrator or the department head may commence proceedings to cause abatement of the nuisance as provided herein. When the code compliance administrator or department head has found that a violation of this chapter poses an immediate danger to health or safety, the code compliance administrator or department head may pursue any remedies available under this chapter or by law, including, but not limited to, summary abatement or administrative citation.(b) Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639302", "number": "§ 23.04.020", "title": "Notice of violation.", "text": "(a) Upon determination by the code compliance administrator or the department head that a premises is in violation of this chapter, and a notice of violation, administrative citation and/or a notice and order has not been issued against the same premises, or the same property owner but at a different premises, address or location, within the city, within the last twelve months, and that the violation does not create an immediate danger to health or safety, the code compliance administrator or the department head may issue a notice of violation to the owner of record of the premises and to the occupant of the premises, if any. The notice of violation shall contain:(1) The name and address of the person, firm, or corporation in violation, and the street address of the property where the violation is present;(2) A statement specifying the condition(s) which constitute a nuisance;(3) A statement explaining which specific code sections has been violated;(4) The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;(5) An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation; and(6) A statement informing the recipient of the name and office telephone number of the person to contact should the recipient desire to explain why he or she believes: (A) the premises should not be declared to be a public nuisance and abated, (B) penalties should not be assessed, and (C) the costs of such abatement should not become a charge and lien against the premises. The department head may rescind or modify the notice of violation based on substantive evidence presented by the recipient.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639310", "number": "§ 23.04.030", "title": "Stop work order.", "text": "If the violation is related to a permit, license or other approval of a project, the notice of violation may be accompanied by a stop work order which orders the recipient to stop immediately any and all work on the project that is subject to the permit, license or approval until the violation is corrected.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639311", "number": "§ 23.04.040", "title": "Service of notice of violation.", "text": "A copy of the notice of violation, and any amended or supplemental notices, shall be served either by personal delivery or by First Class U.S. mail, postage prepaid, upon the record owner at the address as it appears on the latest equalized assessment roll of Yolo County, and upon the occupant of the premises, if any. If neither of these methods result in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639312", "number": "§ 23.04.050", "title": "Notice and order.", "text": "Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar. When issued, the violation must be remedied in thirty calendar days, unless there is an immediate danger risk. If there is an eminent threat of danger the violation must be remedied immediately.(a) Grounds for issuance. A notice and order may be issued under any of the following circumstances:(1) When a notice of violation has been served, and the specified time has passed without adequate correction and abatement of the violation;(2) When a stop work order has been issued but has not been complied with;(3) When the city has performed a summary abatement pursuant to this chapter;(4) When the same type or character of violation has been committed by the same person, or on the same premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past twelve months.(b) Contents of notice and order. A notice and order shall contain the following:(1) The name and address of the person, corporation, or entity in violation, and the street address of the property where the violation is present;(2) A statement specifying the condition(s) which constitute a violation and nuisance;(3) A statement explaining which specific code section(s) have been violated;(4) A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;(5) A statement informing the recipient of his or her right to appeal the determination to a hearing officer by filing with the community development and sustainability department within ten calendar days from the date of the notice and order, and on a form available from the community development and sustainability department, a written statement requesting a hearing and providing a factual and specific explanation of: (A) why the premises should not be declared to be a public nuisance and abated, and (B) why the costs of such abatement should not become a special assessment lien against the premises;(6) A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a special assessment lien against the premises.(c) Service of notice and order.(1) Persons Entitled to Service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a special assessment lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: (A) the holder of any mortgage, deed of trust, or other encumbrance of record; and (B) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him or her by the provisions of this section.(2) Method of Service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by First Class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Yolo County, or as known to the city official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:(A) (i) By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and then mailing a copy by first-class mail to the recipient at the address where the copy was left; or(ii) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and then mailing a copy by first-class mail to the recipient at the address where the copy was left.(B) If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in above upon the property manager or rental agency.(C) Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.(D) If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in Yolo County. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.(d) Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639335", "number": "§ 23.04.060", "title": "Appeal hearing—Notice and order.", "text": "(a) Payment of appeal fee. Any person, corporation, or entity seeking to appeal a notice and order shall be required to pay to the city, at the time the appeal is requested, a nonrefundable appeal fee to be set by resolution of the city council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee or a city hardship waiver is granted.(1) Hardship Waiver. If the appealing party establishes to the satisfaction of the city manager or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the appeal fee would cause undue financial hardship to the appealing party the city manager may grant a waiver of the appeal fee. The city manager's determination is not appealable and shall be final as to the hardship waiver request.(b) Hearing officer. The appeal shall be heard by a hearing officer appointed by the city manager to hear administrative appeals. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of nuisances under this chapter and shall not have had any personal involvement in the appeal to be heard within the past twelve months.(c) Setting appeal hearing. The appeal hearing shall be set by the city manager or designee, and notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The appeal hearing shall be set for a date no sooner than twenty days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least fifteen days before the date set for hearing.(d) Conduct of appeal hearing.(1) Testimony at the Hearing. At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.(2) Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.(3) Continuances. The hearing officer may, upon request of the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer's own motion.(4) Oaths; Certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.(5) Evidence Rules. Government Code Section 11513, subsections (a), (b), and (c) shall apply to all administrative hearings. At the hearing officer's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.(6) Burden of Proof. The accuracy of the notice and order containing the description of the violations and/or public nuisance and the actions required to abate such nuisance or violation is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.(7) Rights of Parties.(A) Each party shall have the following rights among others:(i) To call and examine witnesses on any matter relevant to the issues of the hearing;(ii) To introduce documentary and physical evidence;(iii) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;(iv) To impeach any witness regardless of which party first called that witness to testify;(v) To rebut the evidence against him or her;(vi) To represent him or herself or to be represented by anyone of his or her choice.(B) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.(8) Official Notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.(9) Inspection of the Premises.(A) The hearing officer may inspect the premises involved in the hearing prior to, during, or after the hearing, provided that:(i) Notice of such inspection shall be given to the parties before the inspection is made;(ii) The parties consent and are given an opportunity to be present during the inspection; and(iii) The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn there from.(B) Each party shall then have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.(C) Notice to the parties or the owner(s)' consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of the other persons authorized to provide access to the property on which the building is located.(e) Form and contents of the decision; finality of decision.(1) Format of Hearing Officer's Decision. The hearing officer shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing officer may affirm, modify or reverse the notice of violation or the notice and order imposed by the city or find that the imposition of the penalty is not warranted or is not in the interest of justice.(2) Contents of Hearing Officer's Decision. If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a violation of the Davis Municipal Code or is a public nuisance as defined in this chapter, the decision shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than ten calendar days after the issuance of the decision or, if ten calendar days is insufficient to abate the nuisance, within such other time as specified by the hearing officer not to exceed sixty days. The decision shall inform the appellant that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the department head and the expense thereof made a special assessment lien upon the property involved. This is in addition to any other legal remedies that the city may choose to compel compliance.(3) Service of the Hearing Officer's Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing officer's decision shall be deemed served three days after the date it is mailed to the address provided by the appellant.(4) Finality of Hearing Officer's Decision. The decision of the hearing officer on an appeal of a notice and order shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639369", "title": "ENFORCEMENT OF HEARING OFFICER ORDER", "number": "23.05", "url": "https://ecode360.com/44639369", "sha256": "0c9acf3bcc3100f06bb4908dbc0d59d0e1fc607619a5b9fbb5ebf07c7bfb1db7", "exportedArticleSha256": "40c7c284f65cd224ea44fa66588cbdc733f25cc38c4475da165bc19980ce6574", "sections": [ { "guid": "44639370", "number": "§ 23.05.010", "title": "Generally.", "text": "After any notice of violation or any decision of a hearing officer made pursuant to this chapter has become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639371", "number": "§ 23.05.020", "title": "Failure to obey order—Abatement by city.", "text": "(a) If, after any notice of violation or any order of a hearing officer made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department head is authorized and directed to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the department head shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance.(b) Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in Section 23.02.030 of this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639374", "number": "§ 23.05.030", "title": "Interference with work prohibited.", "text": "No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639375", "number": "§ 23.05.040", "title": "Costs of abatement.", "text": "(a) The department head shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate.(b) Such person or persons receiving the notice of violation or decision of the hearing officer shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance. Such costs and expenses are due upon receipt of the statement required in subsection (a) of this section.(c) Costs and expenses as referred to in this section shall include all costs allowed to be recovered by law, including attorneys' fees as allowed by Government Code Section 38773.5 or its successor.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639379", "number": "§ 23.05.050", "title": "Procedure for assessing costs.", "text": "If the person liable to pay the costs of abatement fails to do so within thirty calendar days of receiving the statement of such costs, the city may initiate proceedings to have such costs assessed against the real property or premises on which the city abated the nuisance. Such proceedings and notice of such proceedings shall be performed in accordance with Section 54954.6 of the California Government Code. The costs of abatement shall be treated as a new assessment for purposes of Section 54954.6. No majority protest rights exist for this assessment. The department head shall present to the city council a report of costs for abating the nuisance at the public meeting required by Section 54954.6.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639380", "number": "§ 23.05.060", "title": "Assessment of costs—Special assessment lien against property.", "text": "(a) The total cost for abating a nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. The procedure for collecting abatement costs through a special assessment lien shall be in accordance with California Government Code Section 38773.5.(b) After such recordation, a copy of the lien shall be turned over to the county tax assessor, who shall then enter the amount of the lien on the assessment rolls as a special assessment.Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by Government Code Section 38773.5 and as provided for ordinary municipal taxes.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639383", "title": "ADDITIONAL PROVISIONS GOVERNING ABATEMENT OF VEHICLES", "number": "23.06", "url": "https://ecode360.com/44639383", "sha256": "39c4746b9a7f04da6245aa02f4bf8e5fdef1c6834d3ae30355af7fa3b1210e01", "exportedArticleSha256": "fc8e42717024db6ad0cd585713290fdfe95c8b93ef0fea1091b9a8d8d4ed52a1", "sections": [ { "guid": "44639384", "number": "§ 23.06.010", "title": "Application of article.", "text": "The requirements of this article apply to any action taken under this chapter to abate as a public nuisance an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof from private or public property.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639385", "number": "§ 23.06.020", "title": "Exemptions.", "text": "(a) This article shall not apply to:(1) A vehicle, or part thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or(2) A vehicle, or part thereof, that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of a law other than Chapter 10, commencing with Section 22650, of Division 11 of the California Vehicle Code and this article.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639390", "number": "§ 23.06.030", "title": "Article not exclusive regulation.", "text": "This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any legal entity or agency having jurisdiction.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639391", "number": "§ 23.06.040", "title": "Persons granted franchise or contract—Right of entry.", "text": "When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639392", "number": "§ 23.06.050", "title": "Assessment of administrative costs determination.", "text": "Administrative costs incurred by the city under this article shall be assessed pursuant to Article 23.05 of this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639393", "number": "§ 23.06.060", "title": "Abatement and removal authority.", "text": "Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639394", "number": "§ 23.06.070", "title": "Notice of violation for abandoned or inoperable vehicles.", "text": "A notice of violation to abate and remove a vehicle or parts thereof as a public nuisance, as required by Section 23.04.020, shall be served by registered or certified mail on the owner of the land as shown on the last equalized assessment roll and the owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of violation shall comply with Section 23.04.020, and also shall be in substantially the following forms:NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE(Name and address of owner or land)As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Davis City Code Chapter 23, has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to __________, license number __________, which constitutes a public nuisance pursuant to provisions of Chapter 23.You are hereby notified to abate the nuisance by removing the vehicle (or parts of the vehicle) within 10 days from the date of mailing of this notice. If you fail to remove the vehicle or parts within 10 days, the city will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard, after which the vehicle or parts shall not again be made operable or reconstructed. Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located.As owner of the land on which the vehicle or parts of the vehicle are located, you are hereby notified that you may, within 10 days after the mailing of this notice, request a public hearing. If such a request is not received by the department head within the 10 day period, the department head shall have the authority to abate and remove the vehicle or parts of the vehicle as a public nuisance and assess the removal and administrative costs without a public hearing. You may submit a sworn written statement within such 10 day period denying responsibility for the presence of the vehicle or parts of the vehicle on your land, with your reasons for denial. Such statement shall be construed as a request for hearing at which your presence is not required.You may appear in person at the hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. You may, through such sworn written statement deny responsibility for the presence of the vehicle or parts on your land with your reasons for denial.Notice mailed____________(date)_______________________[Department Head]NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE(Name and address of last registered and/or legal owner of record of vehicle—Notice should be given to both if different)As the last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc) you are hereby notified that the undersigned pursuant to Davis City Code Chapter 16A, has determined that the vehicle (or parts of the vehicle) exist as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 16A.You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within 10 days from the date of mailing of this notice. If you fail to remove the vehicle or parts within 10 days, the city will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard, after which the vehicle or parts shall not again be made operable or reconstructed. Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located.As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within 10 days after mailing of this notice, request a public hearing. If such a request is not received by the department head within the 10 day period, the department head shall have the authority to abate and remove the vehicle or parts of the vehicle without hearing.Notice mailed____________(date)_______________________[Department Head]", "history": "(Ord. 2219, 2005)" }, { "guid": "44639395", "number": "§ 23.06.080", "title": "Hearing—Generally.", "text": "Upon request by the owner of the vehicle or owner of the land received by the department head within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer in accordance with Section 23.04.060 on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.The owner of the land on which the vehicle is located may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced to its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the landowner.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639396", "number": "§ 23.06.090", "title": "Hearing—Presence of owner not required when—Abatement without hearing—When.", "text": "If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within ten days after the mailing of the notice of violation to abate and remove, the statement shall be construed as a request for a hearing that does not require the owner's presence. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639397", "number": "§ 23.06.100", "title": "Order requiring removal.", "text": "At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this article and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639398", "number": "§ 23.06.110", "title": "Hearing—Nonassessment of costs.", "text": "If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639399", "number": "§ 23.06.120", "title": "Hearing—Notification of decision.", "text": "If the owner of the land summits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639400", "number": "§ 23.06.130", "title": "Removal—When.", "text": "Once the decision of the hearing officer becomes final, the vehicle or parts thereof found to be a public nuisance may be disposed of by removal to a scrap yard or automobile dismantler's yard ten calendar days after adoption of the order declaring the vehicle or parts thereof to be public nuisance. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle plates, pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639401", "number": "§ 23.06.140", "title": "Removal—Notice to Department of Motor Vehicles.", "text": "Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates.", "history": "(Ord. 2219, 2005)" }, { "guid": "44639402", "number": "§ 23.06.150", "title": "Removal—Costs—Assessment—Collection.", "text": "If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to Section 23.06.090 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.", "history": "(Ord. 2219, 2005)" } ] }, { "guid": "44639404", "title": "GENERAL PROVISIONS", "number": "24.01", "url": "https://ecode360.com/44639404", "sha256": "4b7654098a9d543c924962fde20e7efcab174cbb9d7427b6ff3ef03f72a88879", "exportedArticleSha256": "88facb958094c561da0235766e73bf810371c183cd10c01ed7354868c97de5b2", "sections": [ { "guid": "44639405", "number": "§ 24.01.010", "title": "Declaration of policy.", "text": "It is declared to be the policy of the city, in the exercise of its police power, to prohibit unnecessary, excessive and annoying sound levels from all sources. In accordance with this policy, Davis is designated a quiet city. At certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. It is the purpose of this chapter to prescribe standards for and to provide an effective and readily available remedy for violations of this chapter. The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisance, nor any other civil or criminal remedies otherwise available.", "history": "(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639406", "number": "§ 24.01.020", "title": "Definitions.", "text": "As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:City managermeans the city manager for the City of Davis, California, or his or her representative or designee.Director of public worksmeans public works director for the City of Davis, California, or his or her representative or designee.Emergencymeans efforts necessary to preserve or restore property to a safe condition following a public calamity, or to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility services.Holidaymeans any day established as such by federal, state or local government.Landscape maintenance equipmentmeans any equipment or device used, designed or operated to maintain landscaped areas, including edger's, hedgers, lawn mowers, powered blowers, weed eaters/string trimmers, chain saws for landscape and tree maintenance, and similar devices.Noisemeans unwanted sound.Noise levelmeans the maximum continuous sound level or repetitive peak level produced by a sound source or group of sources as measured with a Type S2A or better sound level meter using the \"A\" switch weighing scale and the meter response function set to \"SLOW.\"Personmeans a person, firm, association, co-partnership, joint venture, corporation, or entity, public or private in nature, including any city, county, district or other public agency.Police chiefmeans the chief of police for the City of Davis, California, or his or her representative or designee.Powered blowermeans any equipment or device used, designed or operated to vacuum or produce a current of air to push, propel or blow cuttings leaves, refuse, or debris.Power toolsmeans any motorized piece of equipment or device, such as air gun, air compressor, chain saw, chipper, circular saw, drill, stump grinder, or similar.Precision sound metermeans a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standards S1.4, Specification of Sound Level Meters.Property planemeans a vertical plane including the property line which determines the property boundaries in space. When the term \"property line\" is used in this chapter, it refers to the property plane. For implementation of noise regulations, the property plane used for conducting noise measures is the property plane of the noise source.Schoolmeans the Davis Joint Unified School District and any other public or private school licensed as a school by the State of California.Sound amplifying equipmentmeans any machine or device for the acoustical or electronic amplification of the human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. Sound amplifying equipment, as used in this chapter, shall not include vehicle radios, CDs and/or tape players when used and heard only by the occupants of the vehicles in which the vehicle radio, CD, and/or tape players installed. Sound amplifying equipment, as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used for traffic safety purposes.Sound levelexpressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, Acoustic Terminology, Paragraph 2.9, or successor references. All references to dB in this chapter utilize the A-level weighing scale, abbreviated dBA, measured as set forth in this section.Sound truckmeans any motor vehicle, or any other vehicle regardless of motor power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment with the intent to amplify sound outside the vehicle.Type S2A or better sound level metermeans a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute S1.4, Specification for Sound Level Meters.", "history": "(Ord. 1700 § 1; Ord. 1854 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639425", "number": "§ 24.01.030", "title": "Violations—Infractions—Miscellaneous.", "text": "(a) Any person violating or permitting violation of any of the provisions of this chapter is guilty of an infraction for each of the first two violations within a period of one year, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900 of the California Government Code(b) , or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.(b) Any person violating or permitting violation of any of the provisions of this chapter for the third time within a one-year period is guilty of an misdemeanor, and shall be punished by a fine or, by imprisonment in the County Jail, or by both such fine and imprisonment not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.(c) Upon the third confirmed violation of this chapter within a twenty-four hour period of time beginning on the first notice of violation issued, the police department may take action as necessary to abate the noise violation, including, but not limited to, instructing the host to \"close the party,\" physically arresting the host or taking the amplifying equipment as evidence.", "history": "(Ord. 1700 § 1; Ord. 1854 § 2; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639429", "number": "§ 24.01.040", "title": "Violations—Additional remedies—Injunctions.", "text": "As an additional remedy, the violation of any provision of this chapter shall be deemed and is declared to a be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.", "history": "(Ord. 1700 § 1; Ord. 1854 § 3; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639430", "title": "GENERAL RESTRICTIONS", "number": "24.02", "url": "https://ecode360.com/44639430", "sha256": "b1823ee5e9b2773390e539e28d19c64b606ad03f5f43bd7aed1be0d0b3d009b1", "exportedArticleSha256": "aefcef96cb869f7868d24128d682fa06bb62244db149e791c1452cff6927b3b5", "sections": [ { "guid": "44639431", "number": "§ 24.02.010", "title": "Animals and fowl.", "text": "(a) No person shall keep or maintain in any residential neighborhood, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort. The vocalization of a dog, or comparable sounds by other animals or fowl, for more than three out of five minutes, on a sustained basis during a ten minute measurement period, in excess of the allowable decibel limit, between the hours of 9:00 p.m. and 7:00 a.m. the following day, or for more than five out of ten minutes, on a sustained basis during a fifteen minute measurement period, in excess of the allowable decibel limit, between the hours of 7:00 a.m. and 9:00 p.m., or for fifteen minutes of sustained vocalizations, which sounds are audible within the property plane on property other than that owned, occupied, or controlled by such person, or inside any dwelling unit on the same property, but not owned, occupied or controlled by such person, shall constitute a prima facie violation of the provisions of this section.(b) If the owner, or person in custody of the animal or fowl that violates this section is not available, the written notice of violation and/or the citation may be given to someone else at the residence, or posted in a conspicuous location on the premises.", "history": "(Ord. 1700 § 1; Ord. 1854 § 4; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639434", "number": "§ 24.02.020", "title": "Noise limits.", "text": "(a) No person shall produce, suffer or allow to be produced on any public or private property, sounds at a level in excess of those enumerated in Table 1, when measured at its property plane or, if on any street or highway measured at the property plane of the nearest property.(b) No person shall produce, suffer or allow to be produced on any multifamily residential property, sounds at a level in excess of those enumerated in Table 1, when measured inside any dwelling unit on the same property or twenty feet from the outside of the dwelling unit in which the noise source or sources may be located.(c) Notwithstanding any other provision of this section, no person shall produce, suffer or allow to be produced any sound on any private or public property, which is audible to a person within any dwelling unit of a residential planned development or residentially zoned property, except within any dwelling unit which the sound source or sources are located to which is occupied or controlled by the person controlling such source; unless the permission, either written or verbal, of the occupants of all affected dwelling units has been obtained.During the hours of 9:00 a.m. through 10:00 p.m., Sunday through Thursday, and 9:00 a.m. and 12:30 a.m. the following day, Friday and Saturday, such permission shall be presumed to be granted by occupants of all affected dwelling units; provided that any affected person may withdraw such consent at any time. Such withdrawal of consent may be accomplished by either verbal or written request to the person causing, or allowing, such sound to be made, or by making such request to the city police department who shall then notify the person causing, or allowing, such sound to be made.The provisions of this subsection shall not apply to any sound generated upon a common use portion of any multiple-family dwelling between the hours of 9:00 a.m. through 10:00 p.m., Sunday through Thursday, and 9:00 a.m. through 12:30 a.m. the following day, Friday and Saturday, except to the extent that such sound is audible within any dwelling unit not located upon the same property.Table No. 1Land UseTime PeriodMaximum Noise Level(dBA)Residential9 p.m.—7 a.m.507 a.m.—9 p.m.55Commercial/industrial/core commercial10 p.m.—7 a.m.557 a.m.—10 p.m.60High noise traffic corridorAnytime65Determination of which land use and time period applies to a noise source, shall be based upon the affected (complainant's) property's land use. Decibel levels shall be measured at the affected (complainant's) property plane at the point closest to the noise source.The high noise traffic corridors include the following: Highway 113 and Interstate 80.The land uses as shown in the above table are defined using the city general plan and Table No. 2, as shown below:Table No. 2Noise ZoneDefinition (using general plan terms where applicable)ResidentialAny parcel with a single-family or multifamily dwelling, including living groups, excluding those in the core commercial area as defined belowCommercial/industrialAll nonresidential properties (retail shopping, office, highway/service commercial, light industrial/business park, industrial, public/semipublic, commercial/ agricultural buffer, commercial recreation, agriculture, urban reserve)Core commercialAll property types in the core commercial area beginning at southwest corner of 5th Street and the railroad tracks; railroad tracks south to D Street, north on D Street, east on 4th Street, north on F Street, east on 5th Street to railroad tracksHigh noise traffic corridorProperties bordering designated \"high noise\" corridors to be designated by resolution of city council. \"Bordering\" will be defined as falling wholly or partially within one hundred feet of designated \"high noise\" corridor (e.g., Highway 113)", "history": "(Ord. 1700 § 1; Ord. 1854 § 5; Ord. 1955, 1998; Ord. 2017, 2000; Ord. 2221, 2005)" }, { "guid": "44639438", "number": "§ 24.02.030", "title": "Maximum noise limit.", "text": "No person shall produce, suffer or allow to be produced in any location a noise level of more than twenty dBA above the limit, but not greater than eighty dBA, on Table No. 1 measured at the property plane. This section constitutes an absolute noise limitation applicable notwithstanding any other provision of this chapter, or any exception, exemption or waiver provided therefrom, except that the provisions of this section shall not apply to those activities referred to in Section 24.02.040(a) through (d) or to emergencies.", "history": "(Ord. 1700 § 1; Ord. 1854 § 6; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639439", "number": "§ 24.02.040", "title": "Special provisions.", "text": "(a) Power tools. The operation of power tools for noncommercial purposes shall be exempt from the provisions of Sections 24.02.020(a), (b), (c) and 24.02.030, between the hours of 8:00 a.m. and 8:00 p.m.; provided, that such operations shall be subject to the provisions of Section 24.05.010. For purposes of this section, a noncommercial use shall be a use for which a business license is not required pursuant to Chapter 19.(b) Construction and landscape maintenance equipment. Notwithstanding any other provision of this chapter, between the hours of 7:00 a.m. and 7:00 p.m. on Mondays through Fridays, and between the hours of 8:00 a.m. and 8:00 p.m. on Saturdays and Sundays, construction, alteration, repair or maintenance activities which are authorized by valid city permit or business license, or carried out by employees of contractors of the city shall be allowed if they meet at least one of the following noise limitations:(1) No individual piece of equipment shall produce a noise level exceeding eighty-three dBA at a distance of twenty-five feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty feet from the equipment as possible.(2) The noise level at any point outside of the property plane of the project shall not exceed eighty-six dBA.(3) The provisions of subdivisions (1) and (2) of this subsection shall not be applicable to impact tools and equipment; provided, that such impact tools and equipment shall have intake and exhaust mufflers recommended by manufacturers thereof and approved by the director of public works as best accomplishing maximum noise attenuation, and that pavement breakers and jack-hammers shall also be equipped with acoustically attenuating shields or shrouds recommended by the manufacturers thereof and approved by the director of public works as best accomplishing maximum noise attenuation. In the absence of manufacturer's recommendations, the director of public works may prescribe such means of accomplishing maximum noise attenuation as he or she may determine to be in the public interest.Construction projects located more than two hundred feet from existing homes may request a special use permit to begin work at 6:00 a.m. on weekdays from June 15th until September 1st. No percussion type tools (such as ramsets or jackhammers) can be used before 7:00 a.m. The permit shall be revoked if any noise complaint is received by the police department.(4) No individual powered blower shall produce a noise level exceeding seventy dBA measured at a distance of fifty feet.(5) No powered blower shall be operated within one hundred feet radius of another powered blower simultaneously.(6) On single-family residential property, the seventy dBA at fifty feet restriction shall not apply if operated for less than ten minutes per occurrence.(c) Air conditioners and similar equipment. Air conditioners, pool pumps and similar equipment are exempt from this chapter, provided they are in good working order.(d) Work required for the public health and safety. Work performed by city, city franchises, persons under contract with the city for repairs or maintenance of roads, water wells, water service lines, trees and landscape, as well as street sweeping, garbage removal, and similar activities are exempt from this chapter.(e) Safety devices. Aural warning devices which are required by law to protect the health, safety and welfare of the community shall be exempt from the provisions of this chapter.(f) Emergencies. Emergencies are exempt from this chapter.", "history": "(Ord. 1700 § 1; Ord. 1854 §§ 7—10; Ord. 1955, 1998; Ord. 2017, 2000; Ord. 2037, 2000; Ord. 2221, 2005)" } ] }, { "guid": "44639452", "title": "MOTOR VEHICLES", "number": "24.03", "url": "https://ecode360.com/44639452", "sha256": "5cec219457524d7d21d93bce13a7e35419d2518d993a23a55d7cb68628caaf04", "exportedArticleSha256": "524aa3c5a98af7d0712eaced756a4708fff2172e1df8525a4830536a4b0ad433", "sections": [ { "guid": "44639453", "number": "§ 24.03.010", "title": "Vehicle repairs.", "text": "It is unlawful for any person within any residentially zoned or residentially planned development zoned area of the city to repair, rebuild or test any motor vehicle in such a manner that exceeds the limits set for residential zones in Table No. 1 measured at the property plane.", "history": "(Ord. 1700 § 1; Ord. 1854 § 11; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639454", "title": "AMPLIFIED SOUND", "number": "24.04", "url": "https://ecode360.com/44639454", "sha256": "e3482fc781d1b2382e63ca8652c49fb1bf809f8abec6ae5d6f9c1eadd42cd12a", "exportedArticleSha256": "855dc35c6c35a5ca2d1c6ca9773b7b75e3c8832f36489deb3335adb30ea4d2bc", "sections": [ { "guid": "44639455", "number": "§ 24.04.010", "title": "Purpose.", "text": "The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound amplifying equipment may be entitled to certain protection by the constitutional rights of freedom of speech and assembly, the city council finds that in order to protect the public safety and the correlative rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise, reasonable regulation of the time, place and manner of the use of amplifying equipment is necessary. In no event shall approval or authorization required herein be withheld by reason of the constitutionally protected content of any material proposed to be broadcast through amplifying equipment.", "history": "(Ord. 1700 § 1; Ord. 1854 § 13; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639456", "number": "§ 24.04.020", "title": "Registration—Required.", "text": "It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music, to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or other outdoor public property without first filing a registration statement and obtaining approval thereof as set forth in this article. The provisions of this section shall also apply to the use of sound amplifying equipment upon public or private property when used in connection with outdoor or indoor public or private events, whether or not admission is charged or food or beverages are sold, when such activity is to be attended by more than one hundred persons and the noise emanating from the event will be audible at the property plane, or in the case of a street dance or concert on the nearest residential property. Outdoor sponsored athletic events and graduations held on school property and indoor events held in any assembly hall, school building, or other private or public building with an occupancy rate of more than one hundred people are exempt from the requirements of this section.", "history": "(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639457", "number": "§ 24.04.030", "title": "Registration—Optional.", "text": "Any person desiring to utilize sound amplifying equipment, and not otherwise required to file a registration statement pursuant to Section 24.04.040, may make such application and shall be subject to the provisions of this article.", "history": "(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639458", "number": "§ 24.04.040", "title": "Registration—Application and issuance.", "text": "(a) Issuing authority. The issuing authority shall be the police chief.(b) Approving authority. The approving authority shall be the police chief.(c) Application. Every user of sound amplifying equipment subject to the provisions of this article shall file a registration statement with the police chief at least sixteen days and no more than one hundred twenty days prior to the date on which the sound amplifying equipment is intended to be used. Applications for events covered by the first amendment of the United States Constitution are exempt from the time requirements of this section if it can shown that circumstances required a shorter filing period and that the event will not constitute an unsafe condition. The statement shall contain the following information:(1) The name, address and telephone number of both the owner and the user of the sound amplifying equipment;(2) The license number, if a sound truck is to be used;(3) A general description of the sound amplifying equipment which is to be used;(4) Whether sound amplifying equipment will be used for commercial or noncommercial purpose;(5) The dates and times upon and within which and the streets or property over or upon which the equipment is proposed to be operated;(6) The name or names of one or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to insure compliance with the provisions of this chapter;(7) A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the registration statement;(8) A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound amplifying equipment.(d) Processing application. The police chief shall approve the registration statement and return it to the applicant unless the chief finds:(1) The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; or(2) The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or(3) The registration statement submitted by the applicant reveals that the applicant would violate the provisions of this article; or(4) The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any registration statement issued; or(5) There had already been a permitted event at the intended location, or within a two hundred-yard radius of the intended location and the prior permitted event was located on residentially zoned property or on a street, alley, public parking lot or neighborhood park within three months prior to the intended event. Community parks are exempt from this subsection (5); or(6) The applicant or location has had previous violations within the past calendar year, and in the judgment of the police chief, issuance would be contrary to the intent of Section 24.04.010.(e) Determination. In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the police chief shall consider, but shall not necessarily be limited to:(1) The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed are of use;(2) The relationship of the proposed use of equipment and potential impacts upon traffic patterns;(3) Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;(4) Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into traffic patterns;(5) Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.(f) Issuance or denial.(1) If the registration statement is approved, the police chief shall return an approved copy of the registration statement to the applicant which shall constitute permission for the use of the sound amplifying equipment as requested.(2) If the registration statement is disapproved, the police chief shall return a disapproved copy forthwith to the applicant with a written statement on the reason for disapproval.(3) Any registration statement filed shall be either approved or disapproved within five days of the filing thereof.", "history": "(Ord. 1700 § 1; Ord. 1854 §§ 14—16; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639487", "number": "§ 24.04.050", "title": "Appeals.", "text": "(a) Any person affected or aggrieved by approval or disapproval of a registration statement may appeal by filing a written notice with the city clerk within five days of notification of approval or disapproval of the application, or within five days of notification of approval to neighbors as provided in Section 24.04.070(c)(2), whichever is later. It is assumed that persons residing within two hundred yards of the event will be affected.(b) The appeal shall be heard by the city manager not later than seven calendar days after the date of filing an appeal.(c) The city manager's determination of the appeal shall be based solely on the grounds set forth in Section 24.04.040(d). The city manager shall make his or her determination to uphold or deny the appeal within three business days of the date of the hearing on the appeal. The decision of the city manager shall be final.(d) No registration statement approved shall be valid while an appeal is pending.(e) The time periods set forth in this section may be extended by mutual consent of the city and the applicant.", "history": "(Ord. 1700 § 1; Ord. 1854 § 17; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639493", "number": "§ 24.04.060", "title": "Fees and expiration.", "text": "Prior to the application for issuance of a registration statement, a fee consistent with the city's master fee schedule shall be paid to the city. The dates and times for which activity is authorized shall be shown on the face of the registration statement. In the event use is authorized during certain periods of time, without specification of fixed time, the time limits within which the registration statement is effective shall be shown on the face of the registration statement, as well as the expiration date. Registration statements may be renewed in the same manner as initial application are made.", "history": "(Ord. 1700 § 1; Ord. 1854 § 18; Ord. 1955, 1998; Ord. 2221, 2005)" }, { "guid": "44639494", "number": "§ 24.04.070", "title": "Regulations—Registration statements.", "text": "(a) Upon approval of a registration statement pursuant to Section 24.04.040, any activity conducted on public or private property pursuant to such registration statement and in connection with an outdoor or indoor public or private concert, dance, party, or any similar event, shall be exempt from the provisions of Section 24.02.020, but shall remain subject to the provisions of Section 24.02.030 and, furthermore, shall be subject to the standards set forth in subsection (c) of this section.(b) Upon approval of a registration statement for any activity conducted within a dwelling unit located within a multiple-family structure, including condominiums, such activity shall be exempt from the provisions of Section 24.02.020(c), but shall remain subject to all other provisions of this chapter including the provisions of subsection (c) of this section.(c) Any activity for which a registration statement is approved pursuant to this article shall be subject to the following conditions:(1) The exemptions provided in subsections (a) and (b) of this section shall remain in effect until 12:00 midnight in residential zones and 12:30 a.m. in other zones, on Saturday, and Sunday mornings and any night preceding a holiday, or until ten p.m. on any other night. After that time the exemptions shall expire and any and all activities conducted shall be subject to all otherwise applicable provisions of this chapter.(2) The applicant shall provide written notice of the event to the residents within two hundred yards of the property plane of the property on which the activity is to be held and in multiple dwellings, to all residences located on the same parcel at least fourteen days prior to the date of the event. The notice shall include the date of distribution of the notification, the name of the permit holder, the address and the telephone number of the host property, the date and hours during which the event is permitted to take place, and the statement \"approval of the permit for this proposed event may be appealed to the Davis police department within five days of the receipt of this notice.\"(3) Speakers for sound amplification equipment shall be directed, to the extent feasible, toward open or unoccupied space and away from residentially occupied property.(4) Approval of a registration statement may be conditioned upon such other terms as may be necessary to insure compliance with the provisions of this chapter.(d) Sound amplifying equipment shall not be utilized for more than four total hours within any twenty-four-hour period.(e) The only sounds permitted on the sound amplification system shall be either music or human speech, or both.", "history": "(Ord. 1700 § 1; Ord. 1854 §§ 19—21; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639504", "title": "GENERAL NOISE REGULATIONS", "number": "24.05", "url": "https://ecode360.com/44639504", "sha256": "c6eec4f6de2e53b4cbae7b59cd6cbdf98d6d11d36ee666289d5c415cb7f56f05", "exportedArticleSha256": "d2093bfaa5504d9db7b50e05e9a2cd7d2eb3151bc6618128f2e9a4320a5a8363", "sections": [ { "guid": "44639505", "number": "§ 24.05.010", "title": "General prohibition.", "text": "(a) Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any noise which unreasonably disturbs the peace and quiet of any neighborhood.(b) For purposes of this article a complaint of unreasonable noise is deemed a prima facie violation if there is one complaint, and independent corroboration by a police department employee of the unreasonable nature of the noise, based on the criteria in subsection (c) of this section, or three distinct complaints from two affected premises affected by the same sound source, with the exception of events covered under Section 24.04.070(a).(c) The factors below shall be considered when determining whether a violation of the provisions of this section exists shall include, but shall not be limited to the following:(1) Loudness (intensity) of the sound;(2) Pitch (frequency) of the sound, e.g. very low bass or high screech;(3) Duration of the sound;(4) Time of day;(5) Necessity of noise, e.g., garbage collecting;(6) Background noise.", "history": "(Ord. 1700 § 1; Ord. 1854 § 22; Ord. 1858 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639515", "title": "VARIANCES AND EXCEPTIONS", "number": "24.06", "url": "https://ecode360.com/44639515", "sha256": "01cde208b0b232dc2d36b99c2c8103427acb99f4bcfde39df1527e2d059dcc1b", "exportedArticleSha256": "9f4d13283d1cef50ae357b89591135f3812053636057c873083dd8ef0bc19716", "sections": [ { "guid": "44639516", "number": "§ 24.06.010", "title": "Exception permits.", "text": "If the applicant can show to the city manager that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be technologically impractical or unreasonable, a permit to allow exceptions from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be as short duration as possible, and shall be conditioned by a schedule for compliance and details of methods therefore in appropriate cases. Any person aggrieved with the decision of the city manager may appeal to the city council by filing a written notice of appeal with the city clerk within ten days of the decision of the city manager.", "history": "(Ord. 1700 § 1; Ord. 1854 § 23; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639517", "title": "REGULATIONS NOT EXCLUSIVE", "number": "24.07", "url": "https://ecode360.com/44639517", "sha256": "66aceb734649d12ff9c64c4cc23a6c0eefc33ceed43209d04fc29be95c7bed75", "exportedArticleSha256": "b85a57e92fcf1c85d8064ab5bc32acc72acd31c0bed5e45263e86f4f42d8fec3", "sections": [ { "guid": "44639518", "number": "§ 24.07.010", "title": "Interrelationship of provisions.", "text": "It is the purpose of this chapter to provide maximum noise level limitations for otherwise lawful activities. Nothing contained in this chapter shall be deemed to authorize any otherwise prohibited activity nor to supersede otherwise existing noise limitations. In the event of a conflict between the standards contained in this chapter and any other provisions of law, the more restrictive shall govern.", "history": "(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)" } ] }, { "guid": "44639521", "title": "GRAFFITI", "number": "25.01", "url": "https://ecode360.com/44639521", "sha256": "56e1f1743935c1dc253cdf485d3cc4986a46cddd3455dbbac183bcaba166a872", "exportedArticleSha256": "a30ae4f3de67234e7e5c85623e6e78c0c9662fde6755a6fae2ab7cce45bba2a1", "sections": [ { "guid": "44639522", "number": "§ 25.01.010", "title": "Purpose of chapter.", "text": "The purpose of this chapter is to provide a program and enforcement tools in addition to those already provided by state law for removal of graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the city which results in deterioration of property and business values for adjacent and surrounding properties all to the detriment of the city. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. It is further the intent of the city council, through the adoption of this chapter to give notice to all who callously disregard the property rights of others, that the city will strictly enforce all laws prohibiting graffiti, including, but not limited to, Sections 594, 594.1 and 640.5 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639523", "number": "§ 25.01.020", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Administrative hearing officermeans the city manager or designated representative.Aerosol paint containermeans any aerosol container exceeding six liquid ounces regardless of the material from which it was made, which is adopted or made for the purpose of spraying paint, dye, or other substance capable of defacing property.Felt tip markersmeans any indelible marker or similar implement with a tip which, at its broadest width, is one-half inch or greater and contains an ink that is not water-soluble.Graffitimeans and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility or surface, regardless of the nature of the material of that structural component; or as otherwise deemed by the city council to be a public nuisance.Graffiti implementmeans an aerosol paint container, a felt tip marker, or a paint stick, as those terms are defined by this section.Paint stickmeans a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-half of an inch in width or greater, visible from a distance of twenty feet, and not water-soluble.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639530", "number": "§ 25.01.030", "title": "Display or storage of graffiti implements.", "text": "(a) Display for sale. No person, firm or entity engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded from entering without employee assistance. Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry.(b) Storage. No person shall store any graffiti implement except in either: (1) a completely enclosed room which shall at all times, except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall at all times, except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner.It shall be the intention of the city to enforce this provision against the wrongful storage of graffiti implements only when its violation has caused or contributed to an act of vandalism by a third party.(c) Civil responsibility for damages from wrongful display or storage. Any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, applied or caused by a minor who shall use such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639534", "number": "§ 25.01.040", "title": "Purchase or possession of graffiti implements by minors.", "text": "(a) Purchase. It is unlawful for any person under the age of eighteen years to purchase any graffiti implement unless accompanied by a parent or guardian, except as subject to state law.(b) Possession. No person under the age of eighteen years shall have in his or her possession with the intent to deface property any graffiti implement while upon any public property, including any public park, playground, swimming pool or recreational facility in the city, except as subject to state law. This section shall not apply to authorized employees of the city or an individual or authorized employee of any individual, agency or company under contract with the city.(1) School Exception for Felt Tip Markers. The foregoing provision shall not apply while the person is attending, or traveling to or from a school at which a person is enrolled, if the person is participating in a class at the school which has, as a written requirement of the class, the need to use felt tip markers.(c) Furnishing to minors. It is unlawful for any person other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing, and without otherwise complying with applicable state law.", "history": "(Ord. 1706 § 1)" } ] }, { "guid": "44639539", "title": "PUNISHMENT", "number": "25.02", "url": "https://ecode360.com/44639539", "sha256": "5d7104da857118648c4ca7c251b915bfc5ea4e2f2f1dbd2324aa9c4cde05d36c", "exportedArticleSha256": "235aa3b6447542ddd76a1de82b0e1e54a0895d1a6a4141b3a153e1d0b9a90f5c", "sections": [ { "guid": "44639540", "number": "§ 25.02.010", "title": "Violation of chapter as misdemeanor.", "text": "Any and all violations of this chapter shall be punishable as a misdemeanor. This punishment shall be cumulative of and in addition to any other applicable punishment or relief provided by state law, including, but not limited to, Vehicle Code Section 13202.6 and Penal Code Sections 594, 640.5 and 640.6.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639541", "number": "§ 25.02.020", "title": "Parental civil liability.", "text": "Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her or his child under the age of eighteen to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by the child, or by the graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.", "history": "(Ord. 1706 § 1)" } ] }, { "guid": "44639542", "title": "REMOVAL AND ABATEMENT", "number": "25.03", "url": "https://ecode360.com/44639542", "sha256": "1ce9834231dfbc157297dd7818b7e5728a00256e625c3ce8135230fa90cb99ef", "exportedArticleSha256": "438e636f612055a6d53a9f07f7e78125e50ac45d35912851b9328e994648c608", "sections": [ { "guid": "44639543", "number": "§ 25.03.010", "title": "Declaration of nuisance.", "text": "The city council finds and declares that the existence of graffiti anywhere within the boundaries of the city is a public and private nuisance, and may be abated according to the provisions and procedures contained in this chapter.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639544", "number": "§ 25.03.020", "title": "Removal by person applying graffiti.", "text": "Any person applying graffiti within the city shall have the duty to remove the same immediately, but not longer than seventy-two hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute a separate violation and, upon conviction thereof, shall be punished by a fine not exceeding two hundred fifty dollars for a first violation, three hundred fifty dollars for a second violation within one year, and four hundred fifty dollars for each additional conviction within one year. Every day that such graffiti is not removed after notice shall constitute a separate offense.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639545", "number": "§ 25.03.030", "title": "Abatement at owner's expense.", "text": "Graffiti located on privately or publicly owned property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, may be removed by the city at the owner's expense as a public nuisance after service of a notice to abate as herein set forth.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639546", "number": "§ 25.03.040", "title": "Abatement at owner's expense—Notice to abate.", "text": "(a) Whenever the city is apprised of the presence of graffiti located on privately or publicly owned property within the city, the city shall serve a written notice to abate such graffiti upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll or the supplemental roll, whichever is more current.(b) Contents of notice. The notice shall be substantially in the form of Attachment 1. The notice to abate the graffiti shall set forth the following:(1) The street address, legal description or other description sufficient to identify the premises affected;(2) The length of time permitted for voluntary abatement of the graffiti;(3) A statement that the property owner may, during the abatement period, file a request for hearing if the owner disagrees with the demand to abate the graffiti;(4) A statement that if the graffiti is not voluntarily abated within the stated period, the city will abate the graffiti and that the costs of such abatement shall become a charge against the premises and shall be a lien against the premises.(c) Service of notice.(1) The notice to abate the graffiti shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Yolo County pursuant to Government Code Section 6062.(2) The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.Attachment 1NOTICE OF INTENT TO REMOVE GRAFFITIDate:NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as, Davis, California which is visible to public view, within seven days after the date of this notice; or, if you fail to do so, then city employees or private city contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of the abatement by the city employees or its private contractors will be assessed upon your property and such costs will be recovered by civil process.All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments in writing to the Human Relations Coordinator for the City of Davis or its designated representative within seven days from the date of this notice. If no such written objections are received by the city by the conclusion of this seven day period, the city may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639556", "number": "§ 25.03.050", "title": "Abatement at owner's expense—Hearing.", "text": "(a) A request for hearing must be received by the human relations coordinator or his or her designated representative within seven days. The human relations coordinator shall set a time and date for hearing and notify the person requesting the hearing of the time, date, and place. The hearing shall be before an administrative hearing officer. The hearing shall be an informal opportunity for the person requesting the hearing to present his or her arguments against the requirement to abate the graffiti at his or her expense.(b) At the hearing, the administrative hearing officer shall render a decision, in writing, upholding or denying the requirement of abatement. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement, and shall be served on the person requesting the hearing by U.S. mail. The decision of the administrative hearing officer shall be final.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639559", "number": "§ 25.03.060", "title": "Abatement at owner's expense—Costs.", "text": "(a) If the graffiti is not completely abated by the owner or occupier of the premises within the time prescribed in the notice to abate or, if the owner timely requested a hearing, within the time prescribed in that hearing's final decision, the city manager or his or her designated representative is authorized and directed to cause the graffiti to be abated by city personnel or private contract, and the city, or its private contractor, is expressly authorized to enter upon the premises for such purposes.(b) The city manager or his or her designated representative, shall keep an account of the costs and expenses, including all direct and indirect costs and expenses in abating such graffiti, and shall render a statement of such costs to the person or persons receiving the notice to abate. Such person or persons receiving the notice to abate shall be liable to the city for any and all costs and expenses to the city involved in abating the graffiti.(c) If all or any portion of the costs and expenses incurred by the city in abating the graffiti and accounted for by the city manager remain unpaid after thirty days, pursuant to authority created by law, including Government Code Section 38773, et seq., such portion thereof as remains unpaid shall constitute and is declared to constitute a lien on the real property which was the subject of notice to abate. The city manager shall present a resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Yolo County recorder's office.", "history": "(Ord. 1706 § 1)" }, { "guid": "44639563", "number": "§ 25.03.070", "title": "Removal at city expense.", "text": "Whenever the city determines that graffiti is so located on public or privately owned structures on public or privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, the city may authorize the removal of the graffiti solely at the city's expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:(a) The administrative hearing officer, pursuant to a hearing under Section 25.03.050, determines that the owner of the affected property is unable to remove the graffiti due to extreme financial or physical hardship;(b) In removing the graffiti the painting or repair of a more extensive area shall not be authorized;(c) When a structure is owned by a public entity other than the city, the removal of the graffiti may not proceed until after securing the consent of the public entity having jurisdiction over the structure;(d) When a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city may not proceed until after securing the consent of the owner and a release of the city by the owner from liability for private or public property or liability damage. Such release shall be substantially in the form of Attachment 2.Attachment 2HOLD HARMLESS AGREEMENTANTI GRAFFITI ORDINANCEWe grant permission to the City of Davis to enter our property for graffiti removal. We recognize that the City of Davis can only provide for the removal or painting of the area which is the subject of the graffiti. We waive any claims which we may have against the city arising out of this work and agree to indemnify it, its city council, its agent, officers and employees against any claims or demands whatsoever arising out of their performance of this work.DATE:NAME & ADDRESS:TELEPHONE NO.:SIGNATURE OF PROPERTY OWNER OR TENANT:Return to:City of Davis23 Russell Blvd.Davis, CA 95616", "history": "(Ord. 1706 § 1)" } ] }, { "guid": "44639568", "title": "MISCELLANEOUS", "number": "25.04", "url": "https://ecode360.com/44639568", "sha256": "72691f45d00e2dc1c8175d68e174f7cb04a1d37162701b6b367abb57b4cc2c66", "exportedArticleSha256": "4cc68799947ab0c52f0480dc2d0331880042642a3d1bb0544124563e1f9c05a1", "sections": [ { "guid": "44639569", "number": "§ 25.04.010", "title": "Alternative means of enforcement.", "text": "Nothing in this chapter shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this chapter.", "history": "(Ord. 1706 § 1)" } ] }, { "guid": "44639571", "title": "IN GENERAL", "number": "26.01", "url": "https://ecode360.com/44639571", "sha256": "22a97fb7b840890cfff84a03b74fffe7d118375f882315684406bf8bd2d1e073", "exportedArticleSha256": "88d4a24677227d007927124f9bf59cf7da3b8484a2e3004ae1f1bef3b0cac093", "sections": [ { "guid": "44639572", "number": "§ 26.01.010", "title": "Crowds—Refusal to disperse.", "text": "Whenever the free passage of a street or sidewalk is obstructed by a crowd, except on occasions of public meetings, no person in such crowd shall fail or refuse to disperse or move on when directed so to do by the chief of police or his or her deputies.", "history": "(Code 1964 § 7-8.106; Ord. 2634 § 13, 2022)" }, { "guid": "44639573", "number": "§ 26.01.020", "title": "Disorderly conduct.", "text": "No person shall engage in any disorderly or boisterous conduct, or disturb the peace of the others by assaulting, striking or fighting, or shall be found in an intoxicated condition or drunken condition upon any street, thoroughfare, alley, sidewalk or grounds or in or upon any premises within this city, or shall expose his or her person or any part thereof in an indecent or lewd manner or commit a nuisance in any public place within the city where there are other persons to be offended or annoyed thereby.", "history": "(Code 1964 § 7-8.101; Ord. 2634 § 13, 2022)" }, { "guid": "44639574", "number": "§ 26.01.030", "title": "Public urination and defecation.", "text": "(a) It is unlawful for any person to urinate or defecate in public, other than when using a toilet, urinal or commode located in a restroom, bathroom or other structure enclosed from public view.(b) The enforcement provisions of this section shall not apply to the following individuals who may not be able to adequately control the bodily functions that control urination or defecation:(1) Children five years of age or younger;(2) Persons of any age who violate this section due to a verified medical condition.(c) Any person who violates the provisions of this section who does not meet an exception listed in subsection (b) of this section shall be guilty of an infraction.", "history": "(Ord. 2194 § 1, 2005; Ord. 2634 § 13, 2022)" }, { "guid": "44639580", "number": "§ 26.01.040", "title": "Houses, etc.—Destruction.", "text": "No person shall willingly or maliciously destroy any window, window sash, blind or pane of glass of any house or outhouse in the city or commit any nuisance therein, or break or destroy or injure anything therein, or any part of such house or outhouse or any fence or improvements whatever, or aid, abet, or assist one to commit such nuisance or to injure such property.", "history": "(Code 1964 § 7-8.103; Ord. 2634 § 13, 2022)" }, { "guid": "44639581", "number": "§ 26.01.050", "title": "Littering streets, etc.", "text": "No person shall throw or deposit or permit to be thrown or deposited any dirt, paper, filth, sweepings of any store, house, shop, office or any ashes, shavings, filthy water, offal, straw, wood, stones, earth, manure, refuse matter or rubbish of any kind whatsoever, into any street, alley, lane or public grounds.", "history": "(Code 1964 § 7-8.107; Ord. 2634 § 13, 2022)" }, { "guid": "44639582", "number": "§ 26.01.060", "title": "Signs, bulletin boards, etc.—Destruction, removal, etc.", "text": "No person shall tear down, mutilate, remove, deface or destroy any notice, handbill or sign of any business or performance of any kind or any ornamental sign or any news or bulletin board, or shall use any such boards for posting any notice, device or other matter without the consent of the owner.", "history": "(Code 1964 § 7-8.104; Ord. 2634 § 13, 2022)" }, { "guid": "44639583", "number": "§ 26.01.070", "title": "Nuisance objects—Possession by minor.", "text": "(a) No minor shall knowingly possess shaving cream, water balloons or water pistols with the intent to spray or throw such object or its contents onto any person or property in a public place at or around the time of a parade, picnic or other scheduled public gathering.(b) This shall not apply to an organized event, under adult supervision, using the objects described in subsection (a) above.(c) A minor is defined as a person under the age of eighteen years.(d) Violations of subsection (a) above shall constitute infractions and are punishable by confiscation of the shaving cream, water balloons or water pistols at the scene of the infraction and in accordance with the punishments prescribed for an infraction in the general laws of the state.(e) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this section. Violation of this section by a parent or guardian shall constitute an infraction and shall be punishable by a fifty-dollar fine.", "history": "(Ord. 1465 § 1; Ord. 2634 § 13, 2022)" }, { "guid": "44639589", "number": "§ 26.01.080", "title": "Unlawful gatherings on private property.", "text": "(a) For purposes of this section, \"party, gathering or event\" is defined as two or more persons who have assembled or are assembling for a social occasion or for a social activity.(b) No person, corporation or organization shall suffer, permit, allow or host a party, gathering or event at his or her place of residence or other private property, place or premises where persons under the age of twenty-one years are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one years.(c) The first violation of this section shall constitute an infraction punishable by a fine in the amount of one hundred dollars for a first offense. Any subsequent offenses within one year of the first offense shall constitute a misdemeanor, punishable by a fine no greater than five hundred dollars for the first misdemeanor offense, and one thousand dollars for each misdemeanor offense thereafter.", "history": "(Ord. 1751 § 1; Ord. 2634 § 13, 2022)" } ] }, { "guid": "44639593", "title": "WEAPONS", "number": "26.02", "url": "https://ecode360.com/44639593", "sha256": "86b6d5089cd70ab47f85f73e671246e9e92a0cc009a7b09a8f083bbd8438f4eb", "exportedArticleSha256": "ccba7621322076ff0010cf8329463abed1e6bd15db1b221f33b6ae54ff1a92a0", "sections": [ { "guid": "44639594", "number": "§ 26.02.010", "title": "Deadly or dangerous weapon defined.", "text": "\"Deadly or dangerous weapon\"includes, but is not limited to: Any dirk or dagger, any knife with a blade three inches or more in length, any snapblade or springblade knife, regardless of the length of the blade, any ice pick or similar sharp stabbing tool, any straight-edge razor or any razor blade fitted to a handle, any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof, any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm, any bow and arrow in company with a metal-tipped arrow, and any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority or any ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.", "history": "(Code 1964 § 7-3.101; Ord. 1669 § 1)" }, { "guid": "44639596", "number": "§ 26.02.020", "title": "Loitering while having concealed on person.", "text": "It shall be unlawful for any person, while carrying concealed upon his or her person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk or loiter upon or about the premises of another, and for any person who has concealed upon his or her person any dangerous or deadly weapon, to loiter about any place where intoxicating liquors are sold or any other place of public resort.", "history": "(Code 1964 § 7-102)" }, { "guid": "44639597", "number": "§ 26.02.030", "title": "Engaging in fight or disorderly conduct while having in possession.", "text": "It shall be unlawful for any person who has concealed upon his or her person or who has in his or her immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon any public place or way or upon the premises of another.", "history": "(Code 1964 § 7-3.103)" }, { "guid": "44639598", "number": "§ 26.02.040", "title": "Carrying in vehicle.", "text": "It shall be unlawful for any person to have in his or her possession, in or upon any vehicle, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation.", "history": "(Code 1964 § 7-3.104; Ord. 728 § 1)" }, { "guid": "44639599", "number": "§ 26.02.050", "title": "Sale, etc., of pushbutton or springblade knife.", "text": "It shall be unlawful for any person to sell, give or dispose of in any manner to anyone in the city any pushbutton or springblade knife.", "history": "(Code 1964 § 7-3.105)" }, { "guid": "44639600", "number": "§ 26.02.060", "title": "Discharge of firearm and bow and arrow in company with a metal-tipped arrow.", "text": "No person shall discharge any firearm of any description or name, air gun, slingshot or bow and arrow in company with a metal-tipped arrow within the city without a special permit in writing for that purpose obtained from the chief of police or by general order issued by the city council. Such permit shall designate the place and time of firing or discharging and the number of discharges authorized. A copy of such permit shall be filed by the person obtaining it with the city clerk at least two hours before the time such firing is authorized. In addition to the penalties otherwise provided in this Code, a violator of this section shall suffer the confiscation of such firearm, air gun, slingshot or bow and arrow in company with a metal-tipped arrow.", "history": "(Code 1964 § 7-3.201; Ord. 1669 § 2)" } ] }, { "guid": "44639601", "title": "LOITERING NEAR SCHOOLS", "number": "26.03", "url": "https://ecode360.com/44639601", "sha256": "a91ad8589b9395030e6c72870608cd3e5d0c9da0e15967ea2b14628fe556bc27", "exportedArticleSha256": "00b458cae32e2e35c7643dd889bc724ea29af1b99c5b243dbe518dc269a52e95", "sections": [ { "guid": "44639602", "number": "§ 26.03.010", "title": "Purpose.", "text": "The purpose of this article is to provide students in our community safe passage to and from school, provide a safe learning environment and to discourage violence, drug and alcohol use, gang activity, and gang recruitment within the vicinity of school campuses.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639603", "number": "§ 26.03.020", "title": "Definitions.", "text": "As used in this article, the following words or phrases shall have the following meanings:Loitering.To delay, to linger, or to idle about a place without lawful business for being present.School functions.School sponsored activities presented by or for students and/or their families. This includes, but is not limited to, sporting events, lectures and demonstrations, cultural events, fundraisers, plays, musical events, dances and other recreational facilities.School hours.The duration of time including and between the start of the first class offered and the dismissal of the last class offered on the particular campus, while school is in session.Secondary school.A school that offers primary instruction to seventh grade through twelfth grade, or any fraction thereof.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639608", "number": "§ 26.03.030", "title": "Loitering—Prohibited.", "text": "(a) When signs have been posted as provided in Section 26.03.050, loitering is prohibited within six hundred feet of all secondary school campus property lines. Loitering is prohibited during the following times:(1) Thirty minutes prior to the starting time of school hours;(2) During school hours;(3) One hour after the end time of school hours;(4) Thirty minutes before the starting time of school functions;(5) During school functions;(6) One hour after the end time of school functions.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639616", "number": "§ 26.03.040", "title": "Responsibility.", "text": "The city shall supply a written copy of this article upon request to any student, parent or guardian, school employee or administrator, or interested citizen.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639617", "number": "§ 26.03.050", "title": "Posting of signs.", "text": "Anti-loitering signs shall be clearly and conspicuously posted by the city at or near the main entrances of each campus, and/or within, but not exceeding the six hundred foot perimeter around each campus. The signs shall state when loitering is prohibited and that loitering is prohibited by city ordinance.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639618", "number": "§ 26.03.060", "title": "Citation authority.", "text": "The police chief or designee shall have the authority to issue citations for violation of this article.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639619", "number": "§ 26.03.070", "title": "Penalties.", "text": "Any person who violates any provision of this article shall be subject to a citation, and(a) Upon first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed sixty-five dollars;(b) Upon second violation within one year, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed one hundred fifty dollars;(c) Upon third and additional violations within one year shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed five hundred dollars, by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.", "history": "(Ord. 1887 § 1)" }, { "guid": "44639623", "number": "§ 26.03.080", "title": "Power to adopt more restrictive loitering policies.", "text": "Notwithstanding any other provisions of this article, any school administrator may adopt policies relating to loitering around school campuses which are more restrictive than those provided herein.", "history": "(Ord. 1887 § 1)" } ] }, { "guid": "44639624", "title": "OPEN CONTAINER", "number": "26.04", "url": "https://ecode360.com/44639624", "sha256": "39fdd4d96f6b90230aa3c0da01363d8f0ac2940557ca614f49a1a6e5631353cb", "exportedArticleSha256": "e894aa7099d7edd86da8a0a0870e591e211928f21e810d00554c54c65dba3b8a", "sections": [ { "guid": "44639625", "number": "§ 26.04.010", "title": "Definitions.", "text": "Alcoholic beveragemeans alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume.Bike pathmeans a separate paved facility eight feet wide or wider designated for use by pedestrians, bicycles and other non-motorized transportation.Cedar Parkmeans the city park located at 626 K Street, between Hunt Way and Yale Drive, also known or referred to as \"K Street Park.\"Central Parkmeans the city park bordered by 3rd Street, 5th Street, B Street and C Street.Chestnut Parkmeans the city park located at 1020 Chestnut Lane, at the intersection of Chestnut Lane and Alice Street.Greenbeltmeans the segment of a citywide complex of parks and transportation corridors that provide both recreation opportunities and off-street transportation.N Street Miniparkmeans the city park located at 567 N Street, at the southerly end of N Street.Open containermeans a bottle, can, jug, box or other receptacle that contains an alcoholic beverage and has been opened, a seal broken, or the contents partially removed.Oxford Circle Parkmeans the city park located at 505 Oxford Circle, between Guava Lane, Wake Forest Drive and Oxford Circle.Primary or secondary schoolincludes a school that offers primary instruction to kindergarten through twelfth grade, or any fraction thereof.Special eventincludes, but is not limited to, the following types of activities: a neighborhood block party, barbecue, picnic, fundraiser, community event or any other type of similar social event.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 1, 2005; Ord. 2207 § 1, 2005; Ord. 2292 § 1, 2007)" }, { "guid": "44639637", "number": "§ 26.04.020", "title": "Consumption of alcoholic beverages and possession of any open container of alcoholic beverages in public unlawful.", "text": "(a) It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor on any street, sidewalk, bike path, greenbelt, alley, highway, off-street public parking lot or structure; in Cedar Park, Central Park, N Street Minipark, or Oxford Circle Park; within six hundred feet of any primary or secondary school campus property lines at any time loitering is prohibited pursuant to Section 26.03.030; or in other areas commonly held open to the public use, except:(1) Any public park, except for the parks listed above or within six hundred feet of any primary or secondary school campus property lines at any time as specified above; or(2) Public streets, sidewalks, or urban use areas for which the city has granted an encroachment permit or entered into an Outdoor Dining License Agreement pursuant to Section 40.12.140 authorizing on-site alcohol sales; or(3) Special events if the city has granted a street use or other permit that, during the event, authorized or permits persons attending the event to consume alcoholic beverages in areas where such consumption/possession is otherwise prohibited by this section.(b) It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of beer, wine, or any alcoholic beverage, or intoxicating liquor in any private parking lot that is located on property containing two or more residential dwelling units if such parking lot is posted with a sign prohibiting the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage.(c) Temporary Suspension of Exceptions by Resolution.(1) Notwithstanding subsections (a)(1), (a)(2), or (a)(3), the city council may, by resolution, temporarily suspend one or more of the exceptions to this section upon making findings that such suspension is necessary to protect the public health, safety, or welfare due to unique conditions associated with a specific date, event, or time period.(2) Any resolution adopted pursuant to this subsection shall specify:(A) The geographical area or areas to which the suspension applies; and(B) The date and time, or other specific description of the time period, during which the suspension shall be effective.(3) During the period that a suspension adopted pursuant to this subsection is in effect, it shall be unlawful for any person to consume an alcoholic beverage or possess an open container of an alcoholic beverage within the designated area, and violations shall be enforceable pursuant to this chapter.(4) A suspension adopted pursuant to this subsection shall be temporary in nature and shall not amend, repeal, or permanently modify this Code.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 2, 2005; Ord. 2207 § 2, 2005; Ord. 2263 § 1, 2006; Ord. 2292 § 1, 2007; Ord. 2668, 11/12/2024; Ord. 2684, 3/3/2026)" }, { "guid": "44639643", "number": "§ 26.04.030", "title": "Signage prohibiting the possession and consumption of alcoholic beverages.", "text": "(a) The city community services department shall post appropriate signs in Cedar Park, Central Park, Chestnut Park, N Street Mini Park and Oxford Circle Park advising the public that the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within the park and its adjacent sidewalks and streets is not permitted. At least one sign shall be posted to face each street of each park. For example, a minimum of four signs shall be placed in Central Park. At least one sign shall face each of the four streets that border Central Park (3rd Street, 5th Street, B Street and C Street). Such signs shall be posted in a conspicuous manner.(b) The city shall post signs at or near the main entrances of each primary or secondary school campus, and/or within, but not exceeding the six-hundred-foot perimeter around each campus. The signs shall be clearly and conspicuously posted and shall state when the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is not permitted, pursuant to Section 26.04.020.(c) The owner of property containing two or more dwelling units may prohibit the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage within any parking lot on such property by posting a sign in plain view at or near each driveway to the parking lot that sets forth such prohibition substantially in the following form:\"Possession of an open container of an alcoholic beverage or consumption of an alcoholic beverage is prohibited in this parking lot. Article 26 of the Davis Municipal Code.\"Such sign shall be no smaller than seventeen inches by twenty-two inches in size, shall contain lettering at least one inch in height, and shall be mounted so that the lower edge of the sign is at least four feet, and the top edge does not exceed seven feet above ground level. The property owner shall have sole responsibility for the construction and maintenance of such sign.(d) Notwithstanding the general prohibition against possession of an open container of alcoholic beverages or the consumption of an alcoholic beverage in the greenbelts and bike paths which provides sufficient notice to the public of this prohibition, the city community services department may also post appropriate signs in greenbelt or bike path areas such as those greenbelt areas that include amenities such as playgrounds, picnic areas and viewing areas to further advise the public that the possession of an open container of an alcoholic beverage or the consumption of an alcoholic beverage is not permitted.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2206 § 3, 2005; Ord. 2207 § 3, 2005; Ord. 2292 § 1, 2007; Ord. 2390 § 3, 2012)" }, { "guid": "44639648", "number": "§ 26.04.040", "title": "Permit authorizing possession or consumption of alcoholic beverages.", "text": "Any person who desires to consume or possess an alcoholic beverage during a special event, in which a permit is required under Section 26.04.020(a), may apply for an open container permit. The open container permit application shall be submitted to the police department in conjunction with an encroachment, street use or similar permit, or shall be submitted as a separate open container permit if no other permit is required. The cost of such permit shall be in accordance with the city master fee schedule. Permits not issued in conjunction with an encroachment, street use or similar permit shall be subject to the following:(a) If the special event will involve ten or fewer people, an open container permit shall be submitted to the police department within three business days of the date in which the special event is anticipated to occur.(b) If the special event will involve eleven or more people, an open container permit shall be submitted to the police department within sixteen business days of the date in which the special event is anticipated to occur. During the sixteen business days, notice of the application shall be provided by the applicant to all residents who reside within two hundred feet of the proposed special event.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)" }, { "guid": "44639651", "number": "§ 26.04.050", "title": "Possession of any open container of alcohol prohibited on off-sale premises.", "text": "It shall be unlawful for any person who has in his or her possession an open container of beer, wine, or any alcoholic beverage or intoxicating liquor, to enter, be, or remain on, the premises of (including the parking lot and public sidewalk immediately adjacent thereto) any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the State Business and Professions Code, if those premises contain a clearly visible notice(s) prohibiting such possession.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)" }, { "guid": "44639652", "number": "§ 26.04.060", "title": "Penalty for violation.", "text": "A violation of this article shall constitute an infraction, punishable by a fine or other appropriate alternative remedy.", "history": "(Ord. 2084 § 1, 2002; Ord. 2159 § 1, 2005; Ord. 2292 § 1, 2007)" } ] }, { "guid": "44639653", "title": "SAFETY ENHANCEMENT ZONES", "number": "26.05", "url": "https://ecode360.com/44639653", "sha256": "edd4868521fb23be3b186badaf957d2ed4489fc4423a8e2e7f02f58a6d5a1605", "exportedArticleSha256": "2d2e243a8694236941b06bb30986925ebbce4247d16ad2ec7c1d82390c90ff39", "sections": [ { "guid": "44639654", "number": "§ 26.05.010", "title": "Designation of safety enhancement zone.", "text": "(a) The city council may, by ordinance or resolution, upon determining that there is a need to take action to protect the public health, safety, and welfare, designate a specific geographical area as a \"safety enhancement zone\" and specify the date and/or time that the designation is effective. The designation of a safety enhancement zone shall be predicated upon the city council finding both that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety, and that the threat would be reduced by enhanced penalties for violations of certain provisions of the Davis Municipal Code.(b) The ordinance or resolution establishing a safety enhancement zone shall contain the following provisions:(1) A description of the geographical area comprising the safety enhancement zone; and(2) The date and time, or other specific description of the time period, during which the safety enhancement zone designation is applicable to the geographical area.", "history": "(Ord. 2375 § 1, 2011)" }, { "guid": "44639659", "number": "§ 26.05.020", "title": "Safety enhancement zone penalties and violations.", "text": "Any person who violates a designated provision of the Davis Municipal Code within an area that the city council has designated as a safety enhancement zone, and during the time that designation is effective, shall be subject to an enhanced fine. The enhanced fine shall be twice the amount of the fine applicable to a violation of the designated municipal code provision, up to a maximum of one thousand dollars.", "history": "(Ord. 2375 § 1, 2011)" }, { "guid": "44639660", "number": "§ 26.05.030", "title": "Applicable municipal code provisions.", "text": "(a) Enhanced penalties for violations committed within a designated safety enhancement zone during the time that designation is effective, shall apply to violations of the following provisions of the Davis Municipal Code:(1) Davis Municipal Code Section 24.05.010 (general noise);(2) Davis Municipal Code Section 26.04.020 (possessing an open container or consuming an alcoholic beverage in public places or in certain private parking lots);(3) Davis Municipal Code Section 26.01.045 (urinating in public);(4) Davis Municipal Code Section 34.02.010 (smoking in public).(b) Each act constituting a violation shall be deemed a separate and distinct offense.", "history": "(Ord. 2375 § 1, 2011)" }, { "guid": "44639667", "number": "§ 26.05.040", "title": "Prosecution.", "text": "A violation under this chapter may be prosecuted either criminally or administratively pursuant to Chapter 1 of the Davis Municipal Code.", "history": "(Ord. 2375 § 1, 2011)" } ] }, { "guid": "44639668", "title": "AGGRESSIVE AND OBSTRUCTIVE CONDUCT AND UNATTENDED PERSONAL PROPERTY IN PUBLIC PLACES AND RIGHTS OF WAY", "number": "26.06", "url": "https://ecode360.com/44639668", "sha256": "e691e1cf690e0461b1b9ec025e3a59ec8d7f44f557a4001539e3020564177b24", "exportedArticleSha256": "cb2a8cf74c8a3fbe3a91a48e4ce913a915384760c24aaf73878cbf92d4966de6", "sections": [ { "guid": "44639669", "number": "§ 26.06.010", "title": "Purpose and findings.", "text": "(a) The purpose and intent of this article is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the City of Davis by imposing reasonable restrictions on aggressive, hazardous, and/or obstructive conduct while respecting the constitutional rights of free speech and privacy for all citizens.(b) Aggressive conduct typically includes using profane, offensive or abusive language or acts directed at another person, threats of physical contact, or the intentional blocking of a person or their bicycle or vehicle. The city council finds that an increase in aggressive and hazardous conduct throughout the city has become disturbing and disruptive to persons and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also created an enhanced sense of fear of intimidation, disorder and harmful conduct.(c) The city council finds that the solicitation of money or alms is especially dangerous and threatening at or near banks or in close proximity to automated teller machines. Such activity often carries with it an implicit threat to both persons and property. Minimally restricting solicitation in such places during business hours will provide a balance between the rights of persons to engage in lawful conduct and the rights of persons who wish to decline or avoid unwanted or unavoidable confrontations in sensitive areas prone to abuse or theft.(d) The city council finds that the presence of persons or personal property on narrow roadway median strips and the intentional blocking or disruption of traffic, pedestrians and bicyclists on the public roadway or bicycle lanes and bicycle paths, is unsafe and hazardous for drivers, bicyclists, pedestrians, and the general public. The presence of persons or placing personal property on narrow roadway median strips, at traffic intersections, on bicycle lanes and paths and in the public roadway is distracting to others and increases the risk of collisions, congestion and blockage of streets and traffic signs, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. Further, storing and leaving personal property unattended or the presence of abandoned property on roadway median strips, sidewalks, rights-of-way and other open space areas open to the public often obstructs or interferes with pedestrian access to sidewalks and businesses and increases the risk of tripping, falling, or impeding safe ingress and egress of store patrons and emergency personnel.(e) The city council finds that the willful trespass by persons refusing or failing to leave land, real property, structures or enclosed open areas like plazas and courtyards belonging to or lawfully occupied by another upon being requested to leave is problematic and presents a risk to the health, safety and welfare of the public. Continued trespass is disturbing and disruptive to persons and businesses and contributes not only to the loss of access to and enjoyment of private property that is open to the public, but has also created an enhanced sense of fear of intimidation, disorder and harmful conduct.(f) This law is timely and appropriate because current laws and City regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and they are narrowly tailored to serve a substantial governmental interest in furtherance of the public health and safety, by imposing minimal restrictions on conduct that is aggressive, hazardous, or otherwise obstructs safe and necessary pedestrian and vehicular access. Furthermore, in enacting this legislation, the city council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law. The goal of this law is to protect persons from the fear and intimidation accompanying certain kinds of aggressive and hazardous conduct, and to properly and efficiently address the hazards associated with unattended and abandoned personal property on streets and sidewalks.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639676", "number": "§ 26.06.020", "title": "Application.", "text": "The provisions of this article shall apply generally to all property throughout the City of Davis wherein any of the conditions herein specified are found to exist; provided, however, that any condition which would constitute a violation of this article, but which is permitted or authorized under any city, state or federal law, shall not be deemed to violate this article.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639677", "number": "§ 26.06.030", "title": "Definitions.", "text": "For purposes of this chapter, the following words, terms and phrases shall have these definitions:Aggressive conductshall mean any of the following:(1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or otherwise to be intimidated into giving money or other thing of value; and(2) Intentionally touching or causing physical contact, or threatening physical contact with another person or an occupied vehicle without that person's consent; and(3) Persisting in closely following or approaching a person after the person has informed such person they do not want to be followed or approached or does not want to give money or any other thing of value to the person; and(4) Using violent or threatening gestures toward a person; or(5) Using profane, offensive or abusive language towards a person in order to cause fear or intimidation or which is likely to provoke an immediate violent or fearful reaction.Automated teller machine (ATM)shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.Automated teller machine facilityshall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.Bankshall mean any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.Credit unionshall mean any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.Donationshall mean a gift of money or other item of value.Financial institutions,for purposes of this chapter, shall mean any of the following as defined herein: bank, savings and loan association and/or credit union.Narrow median stripshall mean a paved, planted, or delineated area that is less than four feet in width that divides a street or highway according to the direction of travel.Public place or place open to the publicshall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.Public transportation vehicleshall mean any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.Savings and loan associationshall mean any federal savings and loan association and any \"insured institution\" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act.Solicitation of money or almsshall mean to use spoken words or bodily gestures to ask, beg, and/or request the immediate donation of money or other thing of value or soliciting the direct and immediate sale of goods or services.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639695", "number": "§ 26.06.040", "title": "Prohibited conduct.", "text": "(a) No person shall willfully engage in aggressive conduct in any public place or place open to the public.(b) No person shall willfully and knowingly engage in solicitation of money or alms within fifteen feet of any entrance or exit of any financial institution during its business hours or within fifteen feet of any automated teller machine during the time it is available for customers' use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. The provisions of this subsection shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.(c) No person shall willfully block or disrupt the regular flow of vehicular traffic, pedestrians or bicyclists operating on a highway or bicycle path.(d) No person shall willfully sit, stand, or be present or store personal property on a narrow median strip unless they are in compliance with the provisions of the California Vehicle Code for pedestrians crossing a highway.(e) No person shall willfully refuse or fail to leave land, real property, structures or enclosed open areas such as plazas and courtyards, belonging to or lawfully occupied by another upon being requested to leave by: (1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession; or (2) the owner, the owner's agent, or the person in lawful possession.(f) No person or business shall willfully block or obstruct the free passage of pedestrians along a sidewalk, or block the entrance of any place of business or facility open to the public so as to prevent the free ingress and egress of entrances and exits.(g) No person shall leave or store personal property on public streets, sidewalks and rights-of-way unattended. Unattended and abandoned property is subject to removal, pursuant to the provisions of section 26.06.050.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639703", "number": "§ 26.06.050", "title": "Unattended and abandoned personal property.", "text": "(a) Personal property left unattended on public streets, sidewalks and rights-of-way in violation of Section 26.06.040(g), including any personal property with apparent value such as clothing, shoes, tents, tarps, towels, sleeping bags, or other personal effects, shall be delivered to the police chief and stored or disposed of pursuant to the provisions of Article 20.01 of this Code.(b) Nothing in this article is intended to restrict or otherwise interfere with the city's authority to lawfully remove and dispose of trash and debris discarded on public streets, sidewalks, and other city-owned property.(c) The chief of police may develop regulations regarding the implementation and enforcement of this article.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639707", "number": "§ 26.06.060", "title": "Penalty.", "text": "(a) Infraction. Any person who violates Section 26.06.040 of this article shall be guilty of an infraction.(b) Misdemeanor. Any person who violates Section 26.06.040 of this article more than three times within a six-month period shall be guilty of a misdemeanor.(c) Nothing in this article shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this article.", "history": "(Ord. 2528 § 2, 2018)" }, { "guid": "44639711", "number": "§ 26.06.070", "title": "Severability.", "text": "The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2528 § 2, 2018)" } ] }, { "guid": "44639712", "title": "SURVEILLANCE TECHNOLOGY", "number": "26.07", "url": "https://ecode360.com/44639712", "sha256": "0f20647208caef29f7ea18291ff1127be50acfd77c75cc2da01c3111622ee9b5", "exportedArticleSha256": "1c59355aff23d6c45bc6612dcb2e38ac95d06c84eed1a1d7e5f28970905d0f0c", "sections": [ { "guid": "44639713", "number": "§ 26.07.010", "title": "Purpose and findings.", "text": "This article shall be known as the \"Surveillance Technology Ordinance.\"The purpose and intent of this article is to impose safeguards to protect civil liberties and civil rights before any surveillance technology is deployed.The city council finds that any decision to use surveillance technology must be balanced with the need to: investigate and prevent crimes; protect crime victims and society from those who commit crimes; protect civil rights and civil liberties, including privacy and free expression; and the costs to the city.The city council finds that proper transparency, oversight and accountability for the acquisition and use of surveillance technology is fundamental to protecting the rights and civil liberties, including privacy and free expression, of all people.The city council finds it essential to have an informed public debate as early as possible about whether to acquire and use surveillance technology.The city council finds that if surveillance technology is approved, there must be continued oversight and annual evaluation to ensure that safeguards are being followed and that the surveillance technology's benefits outweigh its costs.", "history": "(Ord. 2527 § 1, 2018)" }, { "guid": "44639714", "number": "§ 26.07.020", "title": "Definitions.", "text": "For purposes of this article, the following words, terms and phrases shall have these definitions:Annual surveillance reportmeans an annual written report concerning a specific surveillance technology.(a) The annual surveillance report will include all of the following:(1) A general description of how the surveillance technology was used; and(2) A general description of whether and how often data acquired through the use of the surveillance technology item was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s); and(3) A summary of community complaints or concerns about the surveillance technology item; and(4) The results of any internal audits required by the Surveillance Use Policy, any information about violations of the Surveillance Use Policy, and a general description of any actions taken in response; and(5) Information, including crime statistics, that help the city council assess whether the surveillance technology has been effective at achieving its identified purposes; and(6) Statistics and information about any related Public Records Act requests; and(7) Total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year; and(8) Any requested modifications to the Surveillance Use Policy and a detailed basis for the request; and(9) Where applicable, a general breakdown of what physical objects the surveillance technology hardware was installed upon, using general descriptive terms; for surveillance technology software, a general breakdown of what data sources the surveillance technology was applied to; and(b) The annual surveillance report will not contain the specific records that a surveillance technology item collects, stores, exchanges, or analyzes and/or information protected, restricted and/or sealed pursuant to state and/or federal laws, including information not required to be released by the Public Records Act.City departmentmeans any city department and its officers and employees.Exigent circumstancesmeans a city department's good faith belief that an emergency involving imminent danger of death or serious physical injury to any person, or imminent danger of significant property damage, requires the use of the surveillance technology or the information it provides.Personal communication devicemeans a cellular telephone that has not been modified beyond stock manufacturer capabilities, a personal digital assistant, a wireless capable tablet or similar wireless two-way communications and/or portable Internet accessing devices, whether procured or subsidized by a city entity or personally owned, that is used in the regular course of conducting city business.Surveillance impact reportmeans a written report including at a minimum the following:(a) Information describing the surveillance technology and how it works, including product descriptions from manufacturers; and(b) Information on the proposed purpose(s) for the surveillance technology; and(c) If applicable, the location(s) it may be deployed and crime statistics for any location(s); and(d) An assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; and(e) The fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding; and(f) Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis; and(g) A summary of the experience, if any, other governmental entities have had with the proposed technology, including information about the effectiveness, any known adverse information about the technology such as unanticipated costs, failures, civil rights or civil liberties abuses.Surveillance technologymeans any software, electronic device, system utilizing an electronic device, or similar used, designed, or primarily intended to collect, retain, process, or share audio, electronic, visual, location, thermal, olfactory or similar information specifically associated with, or capable of being associated with, any individual or group by a city department. Examples of surveillance technology, includes, but is not limited to, the following: cell site simulators (Stingrays); automatic license plate readers; gunshot detectors (ShotSpotter); facial recognition software; gait analysis software; video cameras that record audio or video and can transmit or be remotely accessed. It also includes software designed to monitor social media services or forecast criminal activity or criminality and biometric identification hardware or software.(a) \"Surveillance technology\" does not include the following devices, hardware or software:(1) Office hardware, such as televisions, computers, credit card machines, copy machines, telephones and printers, that are in widespread use by city departments and used for routine city business and transactions; and(2) City databases and enterprise systems that contain information kept in the ordinary course of city business, including, but not limited to, human resource, permit, license and business records; and(3) City databases and enterprise systems that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including, payroll, accounting, or other fiscal databases; and(4) Information technology security systems, including firewalls and other cybersecurity systems; and(5) Physical access control systems, employee identification management systems, and other physical control systems; and(6) Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, electrical, natural gas, or water or sewer functions; and(7) Manually-operated technological devices used primarily for internal city and department communications and are not designed to surreptitiously collect surveillance data, such as radios, personal communication devices and email systems; and(8) Manually-operated, non-wearable, handheld cameras, audio recorders and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings; and(9) Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision equipment; and(10) Computers, software, hardware or devices used in monitoring the work and work-related activities involving city buildings, employees, contractors and volunteers or used in conducting internal investigations involving city employees, contractors and volunteers; and(11) Medical equipment and systems used to record, diagnose, treat, or prevent disease or injury and are used and/or kept in the ordinary course of providing city services; and(12) Parking ticket devices; and(13) Police department interview room, holding cell and police department internal security audio/video recording systems; and(14) Police department computer aided dispatch (CAD), records/case management, LiveScan, booking, Department of Motor Vehicles, California Law Enforcement Telecommunications Systems (CLETS), 9-1-1 and related dispatch and operation or emergency services systems; and(15) Police department early warning systems.Surveillance Use Policymeans a policy adopted by the city council at a regularly scheduled city council meeting for use of the surveillance technology that at a minimum specifies the following:(a) Purpose.The specific purpose(s) that the surveillance technology item is intended to advance.(b) Authorized Use.The uses that are authorized, and the rules and processes required prior to such use.(c) Data collection.The information that can be collected by the surveillance technology, including \"open source\" data.(d) Data access.The category of individual who can access or use the collected information, and the rules and processes required prior to access or use of the information.(e) Data protection.The general safeguards that protect information from unauthorized access, including encryption and access control mechanisms. Nothing in this subsection shall be construed to require the disclosure of information that could reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the city.(f) Data retention.The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period.(g) Public access.How collected information can be accessed or used by members of the public, including criminal defendants.(h) Third party data sharing.If and how other city or non-city entities can access or use the information, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information.(i) Training.The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology.(j) Auditing and oversight.The mechanisms to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal record keeping of the use of the technology or access to information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy.", "history": "(Ord. 2527 § 1, 2018; Ord. 2684, 3/3/2026)" }, { "guid": "44639767", "number": "§ 26.07.030", "title": "City council approval.", "text": "(a) A city department shall obtain city council approval following a public hearing conducted at a regular city council meeting prior to any of the following:(1) Acquiring new surveillance technology, including, but not limited to, procuring such technology without the exchange of monies or consideration; and(2) Using new surveillance technology, or using existing surveillance technology for a purpose, in a manner or in a location not previously approved by the city council; or(3) Entering into a formal written agreement with a non-city entity to acquire, share or otherwise use surveillance technology or the information it provides, including data sharing agreements.(b) The city department seeking approval under subsection (a) shall submit to the city council a surveillance impact report and a proposed Surveillance Use Policy via an informational staff report on a regular city council meeting consent calendar at least thirty days prior to the public hearing required under subsection (a).(c) The city council may approve any action described in subsection (a) after making a determination that any decision to use a surveillance technology item has been balanced with the need to: investigate and prevent crimes; protect crime victims and society from those who commit crimes; protect civil rights and civil liberties, including privacy and free expression; and the costs to the city.(d) Notwithstanding any other provision in this article, nothing herein shall be construed to prevent, restrict or interfere with any person providing evidence derived from surveillance technology to a law enforcement agency for the purposes of conducting a criminal investigation.", "history": "(Ord. 2527 § 1, 2018; Ord. 2684, 3/3/2026)" }, { "guid": "44639777", "number": "§ 26.07.040", "title": "Limited exception for testing and evaluation.", "text": "Notwithstanding the requirements of the ordinance codified in this section, a city department may conduct a limited test and evaluation of a new surveillance technology without prior city council approval, provided that the following conditions are met:(a) The test and evaluation period shall not exceed sixty calendar days from the start date of the testing. If a city department intends to use the technology beyond sixty calendar days, it shall submit to the city council a surveillance impact report and a proposed Surveillance Use Policy via an informational staff report on a regular city council meeting consent calendar at least thirty days prior to the public hearing required under Section 26.07.030(a).(b) The temporary use is solely for the purpose of evaluating the functionality, utility, and potential impacts of the surveillance technology to determine whether it should be proposed for formal adoption and ongoing use.(c) Prior to commencing the test period, the department shall:(1) Notify the city manager in writing;(2) Provide a brief description of the technology, intended use, and duration of the test period;(3) Post a public notice on its public website.(d) Any data collected during the test period shall be maintained in accordance with the city's records retention schedule and in accordance with the City's Surveillance Technology Ordinance and the City's Military Equipment Ordinance.(e) This exception may not be renewed or extended without formal city council approval and shall not be used to circumvent the requirements of the Surveillance Technology ordinance.(f) At the conclusion of the test and evaluation period, the city department shall provide written notification to the city council, via an informational staff report placed on a regular city council meeting consent calendar, stating:(1) That the surveillance technology was used during the test period;(2) A brief summary of the scope, duration, and purpose of such use; and(3) Whether the department intends to request formal city council approval for continued use of the technology, or whether the technology will be discontinued following the completion of the evaluation.", "history": "(Ord. 2527 § 1, 2018; Ord. 2684, 3/3/2026)" }, { "guid": "44639778", "number": "§ 26.07.050", "title": "Use of unapproved technology during exigent circumstances.", "text": "A city department may temporarily acquire or temporarily use surveillance technology in exigent circumstances without following the provisions of this article before that acquisition or use. If the city department acquires or uses a surveillance technology pursuant to this section, the city department shall:(a) Use the surveillance technology to solely respond to the exigent circumstances; and(b) Cease using the surveillance technology when the exigent circumstances ends; and(c) Only keep and maintain data related to the exigent circumstances and dispose of any data that is not relevant to an ongoing investigation; and(d) Following the end of the exigent circumstances report the acquisition or use to the city council at a regular city council meeting for discussion and/or possible recommendation for approval to acquire or use the surveillance technology; and(e) Any technology temporarily acquired in exigent circumstances shall be returned within seven days following its acquisition, or when the exigent circumstances end, whichever is sooner, unless the technology is submitted to the city council for approval pursuant to Section 26.07.030 and is approved.", "history": "(Ord. 2527 § 1, 2018)" }, { "guid": "44639784", "number": "§ 26.07.060", "title": "Oversight following council approval.", "text": "(a) By the end of each fiscal year, a city department that uses surveillance technology must present a written annual surveillance report at a regular city council meeting for city council review for each approved surveillance technology item. If the city department is unable to meet the deadline, the department head shall notify the city council in writing of staff's request to extend this period, and the reasons for that request. The city council may grant reasonable extensions to comply with this section.(b) Based upon information in the annual surveillance report, the city council will, at a regular city council meeting, balance the need to: investigate and prevent crimes; protect crime victims and society from those who commit crimes; protect civil rights and civil liberties, including privacy and free expression; and the costs to the city and will determine whether to continue to allow the use of the surveillance technology item, cease use, or propose modifications to the corresponding Surveillance Use Policy.", "history": "(Ord. 2527 § 1, 2018)" }, { "guid": "44639787", "number": "§ 26.07.070", "title": "Enforcement.", "text": "(a) Any violation of this article constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this article. An action instituted under this paragraph shall be brought against the City of Davis, and if necessary to effectuate compliance with this article or a Surveillance Use Policy (including to expunge information unlawfully collected, retained, or shared thereunder), any third party, except a city employee, with possession, custody, or control of data subject to this article.(1) Prior to the initiation of any legal proceeding under subsection (a), the City of Davis shall be given written notice of the violation(s) and an opportunity to correct such alleged violation(s) within thirty days of receipt of the notice.(2) If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous space on the on the city's website that generally describes the corrective measure(s) taken to address the violation(s).(b) A court shall award costs to the prevailing party in any action brought to enforce this article and any reasonable attorney's fees as may be awarded pursuant to state law.(c) It shall be unlawful and a misdemeanor punishable in the manner set forth in the city municipal code and state law, for any person to willfully and maliciously violate any provision of this article.(d) Nothing in this article is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California or with any state or federal law.", "history": "(Ord. 2527 § 1, 2018)" }, { "guid": "44639794", "number": "§ 26.07.080", "title": "Severability.", "text": "The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2527 § 1, 2018)" } ] }, { "guid": "44639795", "title": "SALES OF FIREARMS", "number": "26.08", "url": "https://ecode360.com/44639795", "sha256": "fa25cf54c4767081256e558fe57783538e4bf4aecafe8eac0faddb341d02e98a", "exportedArticleSha256": "fead806aff71a620ce33c2e368a8de9e36ee0c982b6e8c6db90164fb9f3a7ba9", "sections": [ { "guid": "44639796", "number": "§ 26.08.010", "title": "Purpose.", "text": "It is the purpose and intent of this article to establish a local program for the license and regulation of the sale, lease, or transfer of firearms. The provisions of this chapter are not intended to contradict or duplicate any applicable state or federal law.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639797", "number": "§ 26.08.020", "title": "Definitions.", "text": "As used in this article the following words and phrases shall have the meanings given in this section:To engage in the business of selling, leasing, or otherwise transferring any firearmmeans to conduct a business by the selling, transferring, or leasing of any firearm; or to prepare to conduct such business as evidenced by the securing of applicable federal or State licenses; or to hold one's self out as engaged in the business of selling, transferring, or leasing any firearm; or the selling, transferring, or leasing of firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.Firearmmeans any device designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion, provided that the term \"firearm\" shall not include an \"antique firearm\" as defined in section 921(a)(16) of Title 18 of the United States Code.Firearms dealermeans a person engaged in the business of selling, leasing, or otherwise transferring any firearm.Permitmeans a license to sell, lease, or otherwise transfer firearms under this article.Permitteemeans a person engaged in the business of selling, leasing, or otherwise transferring any firearm, which person or entity has obtained a permit to sell, lease, or transfer firearms under this article.Personmeans any natural person, partnership, cooperative, association, partnership, firm, corporation, or other entity.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639804", "number": "§ 26.08.030", "title": "Permit required.", "text": "It is unlawful for any person, partnership, cooperative, corporation, firm, association, or other entity to engage in business of selling, leasing, or otherwise transferring any firearm without first obtaining a permit from the police chief.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639805", "number": "§ 26.08.040", "title": "Application—Forms, fees.", "text": "An applicant for a permit under this article shall file with the police chief a sworn application in writing, on a form to be furnished by the city. The applicant shall provide all information requested to demonstrate compliance with this article, including proof of compliance with all applicable federal, State, and local licensing and other business laws when required by the police chief, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee as set by resolution of the city council to cover the cost of administering and enforcing the requirements of this article.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639806", "number": "§ 26.08.050", "title": "Application—Investigation.", "text": "The police chief shall conduct an investigation of the applicant and the applicant's employees and/or agents, if any, to determine, for the protection of the public health and safety, whether the permit should be issued. The police chief may require additional information of an applicant deemed necessary to complete the investigation. Prior to issuance or renewal of a permit, the police chief or their designee shall inspect the premises to ensure compliance with this article.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639807", "number": "§ 26.08.060", "title": "Grounds for application denial.", "text": "These provisions apply to any applicant, employee, or agent thereof that will engage in the business of selling, leasing, or otherwise transferring firearms. The police chief shall deny the issuance or renewal of a permit, and has the authority to revoke an existing permit, when any of the following conditions exist:(a) The applicant, employee, or agent thereof, is under the age of twenty-one years.(b) The applicant is not licensed as required by all applicable federal, state and local laws.(c) The applicant, employee, or agent thereof, has had a similar license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction within the United States previously revoked or denied for good cause within the immediately preceding two years.(d) The applicant, employee, or agent thereof, has made a false or misleading statement of a material fact or omission of a material fact on the application for a permit, or in any other documents submitted to the police chief pursuant to this article. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years.(e) The applicant, employee, or agent thereof, has been convicted of:(1) Any offense so as to disqualify the applicant, employee, or agent thereof, from owning or possessing a firearm or ammunition under applicable federal, state, and local laws, including, but not limited to, the offenses listed in Penal Code Sections 29800 to 29875 and 29900 to 29905;(2) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm, ammunition, or dangerous or deadly weapon;(3) Any offense involving the use of force or violence upon the person of another;(4) Any offense involving theft, fraud, dishonesty, or deceit;(5) Any offense involving the manufacture, sale, possession, or use of any controlled substance, excepting cannabis alone, as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read.(f) The applicant, employee, or agent thereof, is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103.(g) The operation of the business as proposed will not comply with all applicable federal, state, or local laws.(h) The applicant, employee, or agent thereof does not have and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted.(i) The applicant has failed to fully comply with the application requirements, such as refusing or failing to provide all of the requested information or refusing to agree to indemnify, defend, and hold harmless the City of Davis, its elected and appointed officials, officers, and employees, against claims arising from operation of the business.(j) Any other ground for permit denial or revocation that exists as specified in this article.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639823", "number": "§ 26.08.070", "title": "Security.", "text": "In order to discourage the theft of firearms stored on the premises, any business permitted under this article must adhere to security regulations promulgated by the police chief pursuant to the authority provided by this article. Security measures shall include, but not be limited to:(a) The provision of secure locks, windows and doors; fortification; storage lockers; bollards; adequate lighting; video surveillance; and alarm systems installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business and Professions Code Sections 7590 et seq., with additional requirements as specified by the police chief;(b) Storing of all firearms on the premises out of the reach of customers in secure, locked facilities or cases, so access to firearms shall be controlled by the permittee or his or her employees, to the exclusion of all others.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639826", "number": "§ 26.08.080", "title": "Permit form.", "text": "All permits issued pursuant to this article shall be in a form prescribed in Penal Code Section 26705.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639827", "number": "§ 26.08.090", "title": "Display of permit.", "text": "The permit issued pursuant to this article shall at all times be posted in a conspicuous place in the establishment for which it was issued and shall be immediately produced upon the request of any police or code enforcement officer of the city.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639828", "number": "§ 26.08.100", "title": "Permit—Duration, renewal.", "text": "All permits issued pursuant to this article shall expire one year after the date of issuance; provided, however, that such permits may be renewed by the police chief for additional periods of one year upon the approval of an application for renewal by the police chief and payment of the nonrefundable renewal fee. Such renewal application must be received by the police chief, in completed form, no later than forty-five days prior to the expiration of the current permit. Renewal of the permit is contingent upon the permittee's compliance with the terms and conditions of the original application and permit, as detailed in this article.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639829", "number": "§ 26.08.110", "title": "Permit—Assignment.", "text": "The assignment or attempt to assign any permit issued pursuant to this article is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639830", "number": "§ 26.08.120", "title": "Permit—Conditions.", "text": "Any permit issued pursuant to this article shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the police chief.Any permit issued pursuant to this article shall also be subject to such additional conditions as the police chief finds are reasonably related to the purpose of this article.(a) The business shall be carried on only in the building located at the street address shown on the permit.(b) The permittee shall comply with all federal, state, and local laws relating to the sale of firearms.(c) The permittee shall post conspicuously within the licensed premises the warnings required in Penal Code Section 26835 in block letters not less than one inch in height.(d) Exclusion of persons under the age of eighteen. No permittee shall permit the entry into the premises of persons under the age of eighteen years, unless all firearms are completely and wholly kept, displayed or offered within a separate room, enclosure or curtained area to which persons under the age of eighteen years are excluded. Each entrance to such a room, enclosure or area shall be signposted in block letters not less than one inch in height stating that firearms are kept, displayed or offered in such room or enclosure and that persons under the age of eighteen are excluded. A permittee who maintains or operates any place of business that openly displays firearms without providing for separate enclosures must prevent entry into the premises of persons prohibited by age under state law from purchasing firearms. The entrance to the establishment shall be signposted in block letters not less than one inch in height stating that firearms are kept, displayed or offered on the premises and that persons under the age of eighteen are excluded.The permittee and his or her agents, employees, and other persons acting under his or her authority shall be responsible for requiring clear evidence of identity to prevent the entry of persons not permitted to purchase a firearm under state law by reason of age. Clear evidence of identity means a government-issued document, including, but not limited to, a motor vehicle operator's license, a state identification card, an Armed Forces identification card, or similar documentation which contains the name, date of birth, description, and picture of the person and provides reasonable assurance of an individual's identity and age.(e) Inventory reports. Within the first five business days of April and October of each year, or immediately upon order of the police chief, the permittee shall cause a physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial number, together with a listing of each firearm the permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to California Penal Code Section 26885. Immediately upon completion of the inventory, the permittee shall forward a copy of the inventory to the Davis Police Department, by such means as specified by the police chief. With each copy of the inventory, the permittee shall include an affidavit signed by an authorized agent or employee on behalf of the permittee under penalty of perjury stating the signer personally confirmed the presence of the firearms reported on the inventory. The permittee shall maintain a copy of the inventory on the premises for a period of not less than five years from the date of the inventory and shall make the copy available for inspection by federal, state or local law enforcement or code enforcement upon request.(f) Background investigation and verification. Employees, agents or supervisors of the applicant or permittee may not have access to or control over workplace firearms until those persons have undergone a law enforcement investigation and background verification process as required by the police chief. A new law enforcement investigation and background verification of such persons must be conducted each time the permittee renews their permit or applies for a new permit. The police chief shall deny the issuance or renewal of a permit, or shall revoke an existing permit, if the applicant or permittee allows any employee, agent or supervisor to have access to or control over workplace firearms prior to the completion of the law enforcement investigation and background verification of those persons, or if those persons have not undergone the law enforcement investigation and background verification process within the last three hundred sixty-five days.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639837", "number": "§ 26.08.130", "title": "Permit—Liability insurance and indemnification.", "text": "(a) No permit shall be issued or continued pursuant to this article unless there is in full force and effect a policy of insurance in such form as the city deems proper, executed by an insurance company approved by the city whereby the applicant or permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer or lease, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person; provided, however, that additional amounts may be required by the city, if deemed necessary. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the city, addressed in care of the Davis Police Chief, 2600 Fifth St. Davis, CA 95618, at least thirty days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the city, its council, its officers, agents, and employees as additional insureds.(b) No permit shall be issued or renewed pursuant to this article unless the applicant or permittee agrees to indemnify, defend and hold harmless the city, its council, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pursuant to the operation of the business, including attorneys' fees, arising in any manner out of the negligence or intentional or willful misconduct of the applicant; the applicant's officers, employees, agents and/or supervisors; or, if the business is a corporation, partnership or other entity, the officers, directors or partners.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639840", "number": "§ 26.08.140", "title": "Permit—Authority to inspect.", "text": "Permittees shall have their places of business open for inspection by federal, state, and local law enforcement during all hours of operation. The police department shall conduct periodic inspections of the permittee's place of business, without notice, to assess the permittee's compliance with this article. The inspections shall be of the parts of the permittee's place of business that are used to store or sell firearms, ammunition, records, and/or documents. The police department shall conduct no more than two inspections of a single place of business during any six-month period, except that the police department may conduct additional follow-up inspections if it has good cause to believe that a permittee is violating this article. Permittees shall maintain all records, documents, firearms, and ammunition in a manner and place accessible for inspection by federal, state, and local law enforcement.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639841", "number": "§ 26.08.150", "title": "Compliance.", "text": "Any person engaging in the business of selling, leasing, or otherwise transferring any firearm on the effective date of this article shall have a period of sixty days after such effective date to comply with the provisions of this article.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639842", "number": "§ 26.08.160", "title": "Permit—Suspension.", "text": "If a permittee violates any federal, state or local ordinance relating to the provisions and/or subject matter of this article, the police chief may immediately suspend the right of the dealer to sell firearms. If the violation results in a criminal charge filed in court by a federal, state, or county district attorney, such permit to sell firearms or ammunition may be suspended until the case is adjudicated in a court of law. If the permittee is convicted, such permit must be immediately revoked.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639843", "number": "§ 26.08.170", "title": "Permit—Hearing for denial, suspension, or revocation.", "text": "(a) Any person whose application for a permit under this article has been denied, or whose permit has been suspended or revoked pursuant to the provisions of this article, shall have the right to a hearing before the city manager or a designee.(b) The police chief shall give the applicant or permittee written notice of the decision to deny the application or to suspend or revoke the permit, setting forth the ground or grounds for the decision and informing the applicant or permittee they have ten days from the date of receipt of the notice to file a written request for a hearing. Notice of the denial, suspension, or revocation shall be mailed to permittee or applicant the address on the application or permit.(c) If the applicant or permittee files a timely hearing request, the city manager shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. After consideration of the testimony and evidence submitted at the hearing, the city manager shall issue a written decision. The decision of the city manager whether to deny the application or suspend or revoke the permit is final and not appealable.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639847", "number": "§ 26.08.180", "title": "Violation—Penalty.", "text": "(a) Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of California Government Code Section 36900(b), or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.(b) Any person violating or permitting violation of any provision of this article for the third time within a six-month period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in California Government Code Section 36901, or successor legislation.(c) Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Chapter 1, Article 1.02. In addition to any other penalty or remedy, the police chief shall report any person or entity whose law enforcement permit is suspended or revoked pursuant to this article to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department of Justice.(d) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.", "history": "(Ord. 2564B § 1, 2019)" }, { "guid": "44639852", "number": "§ 26.08.190", "title": "Severability.", "text": "The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2564B § 1, 2019)" } ] }, { "guid": "44639853", "title": "REGARDING THE SAFE STORAGE OF FIREARMS IN RESIDENCES AND VEHICLES", "number": "26.09", "url": "https://ecode360.com/44639853", "sha256": "0750874649612162501f8bbee7a04fdbbf97281ab2a96130ec0a223d7b4ad585", "exportedArticleSha256": "8c11a6f67f6c311fd2358dadf11413be330091d8a3d92844f010c1363a68b4d1", "sections": [ { "guid": "44639854", "number": "§ 26.09.010", "title": "Definitions.", "text": "For purposes of this article, the following words, terms and phrases shall have these definitions:Close proximity and controlmeans within close reach of a person so that they can gain control of the weapon before a child or unauthorized person could access the weapon.Firearmmeans any device designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion, provided that the term \"firearm\" shall not include an \"antique firearm\" as defined in Section 921(a)(16) of Title 18 of the United States Code.Firearm safety devicemeans a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. The device shall be listed on the California Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23655(d), as amended from time to time.Locked containermeans a locked container as defined in Penal Code Section 16850, as amended from time to time.Residencemeans any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single-room occupancies, time shares and recreational and other vehicles where human habitation occurs.Trunkmeans a fully enclosed compartment that is separate from the main cabin of the vehicle.Unattended vehiclemeans that a person aged eighteen or over is not present in the vehicle.Vehiclemeans a vehicle as defined in California Vehicle Code Section 415, as amended from time to time.", "history": "(Ord. 2631 § 1, 2022)" }, { "guid": "44639863", "number": "§ 26.09.020", "title": "Safe storage of firearms in residences.", "text": "Except when carried on the person of an individual not prohibited from the ownership or possession of a firearm or when in the close proximity and control of a person not prohibited from the ownership or possession of a firearm, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is equipped with a firearm safety device.", "history": "(Ord. 2631 § 1, 2022)" }, { "guid": "44639864", "number": "§ 26.09.030", "title": "Safe storage of firearms in vehicles.", "text": "(a) No person shall leave a firearm, not including handguns, in an unattended vehicle unless the firearm is stored:(1) In a locked container in the locked trunk of a vehicle.(2) For vehicles with four or more wheels and lacking a trunk, in a locked container that is affixed or secured to the vehicle and underneath a seat, or covered, or otherwise outside of plain view from the outside of the vehicle.(3) For vehicles with fewer than four wheels and lacking a trunk, in a locked container that is permanently affixed to the vehicle.(b) Notwithstanding subsections (a)(1) to (a)(3), no person may place, store or leave a firearm, not including handguns, overnight in an unattended vehicle.(c) This section does not apply to the storage of handguns in vehicles and is not intended to conflict with any applicable state or federal law, including Penal Code Section 25140 relating to the storage of handguns in vehicles.(d) This section is intended to apply to all vehicles within the City of Davis. However, nothing in this section shall apply to on-duty peace officers, police vehicles, federal officers, or military personnel who are acting within the scope of their authority and discharging their official duties.", "history": "(Ord. 2631 § 1, 2022)" }, { "guid": "44639872", "number": "§ 26.09.040", "title": "Penalty.", "text": "(a) Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a one-year period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of California Government Code Section 36900(b), or successor legislation. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.(b) Any person violating any provision of this article for the third time within a one-year period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in California Government Code Section 36901, or successor legislation.(c) Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Article 1.02.(d) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.(e) Nothing in this article shall limit or preclude the enforcement of any other applicable laws or remedies relating to firearms and/or storage of firearms pursuant to state or federal law.", "history": "(Ord. 2631 § 1, 2022)" }, { "guid": "44639878", "number": "§ 26.09.050", "title": "Severability.", "text": "The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2631 § 1, 2022)" } ] }, { "guid": "44639879", "title": "UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS", "number": "26.10", "url": "https://ecode360.com/44639879", "sha256": "8596e72d6d05a2d9b1e5bdecaee14a82d598e3077ff2e955a61ba32aec1bcd64", "exportedArticleSha256": "ec6eeb3530b4f4b70547b9ce756c64c9fa34da8b1decf75fe75ef579305679d6", "sections": [ { "guid": "44639880", "number": "§ 26.10.010", "title": "Definitions.", "text": "For purposes of this article, the following words, terms and phrases shall have these definitions:Catalytic convertermeans any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.Documentation or other proofmeans written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:(1) Bill of sale from the original owner with photographs.(2) Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.(3) Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.(4) Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.(5) Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number.Lawful possessionincludes: (1) being the lawful owner of the catalytic converter; or (2) being in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a \"lawful possession.\"Personshall have the same meaning as set forth in Section 1.01.020 of the Davis Municipal Code.", "history": "(Ord. 2641 § 1, 2023)" }, { "guid": "44639890", "number": "§ 26.10.020", "title": "Unlawful possession of catalytic converter.", "text": "(a) It shall be unlawful for any person, other than a core recycler as defined in Section 21610 of the California Business and Professions Code, to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter and provides the same to any law enforcement officer upon request.(b) It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.(c) This section does not impact the requirement for core recyclers to maintain written records and provide documentation to local law enforcement upon demand under Business and Professions Code Section 21610 or for any person to only purchase used catalytic converters from lawful sellers under Vehicle Code Section 10852.5.", "history": "(Ord. 2641 § 1, 2023)" }, { "guid": "44639894", "number": "§ 26.10.030", "title": "Penalty.", "text": "(a) Any person violating any provision of this article is guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the County Jail for a period of not more than twelve months, or by both such fine and imprisonment.(b) Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Chapter 1, Article 1.02.(c) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.(d) Nothing in this article shall limit or preclude the enforcement of any other applicable laws or remedies relating to the possession of stolen property and/or catalytic converters pursuant to state or federal law.", "history": "(Ord. 2641 § 1, 2023)" }, { "guid": "44639899", "number": "§ 26.10.040", "title": "Severability.", "text": "The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.", "history": "(Ord. 2641 § 1, 2023)" } ] }, { "guid": "44639901", "title": "IN GENERAL", "number": "27.01", "url": "https://ecode360.com/44639901", "sha256": "6202c06d43f69373998d5d6ffe08b6803bb1019aed78834d4815778deb268589", "exportedArticleSha256": "e8b41bc4b0d5946e7ea2f9300ec90934cb19804d9d8e8124cbbe695460e453c5", "sections": [ { "guid": "44639902", "number": "§ 27.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings respectively ascribed to them by this section:Citymeans the City of Davis.Civic spacerefers to land that is improved for civic gathering purposes and is located solely in the district designated as the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637). These spaces are publicly-owned and used by the public and non-profits for community events or for outdoor dining by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Civic spaces typically include characteristics of a public realm throughfare and open space areas. They are designated as a both a park and open space by the City in the district designated as the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637).Directorrefers to the director of community services, or designee.Open space areameans a natural, open space area owned, used or maintained by the city, and devoted to habitat, agriculture or passive recreation and not designated a park by the city.Parkmeans a park, reservation, playground, golf course, swimming pool, recreation center, greenbelts, greenways, or any other area in the city, owned or used by the city and devoted to active or passive recreation.Parkletrefers to a sidewalk extension that provides more space and amenities for pedestrians to utilize the street. Usually, parklets are installed on parking lanes and use several parking spaces and may include a small seating area, sidewalk extension, or green space created as a public amenity intended for people to stop, to sit, and to rest or dine. Parklets located in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) are civic spaces. Parklets can also be constructed for exclusive, private use. A parklet falls under the definition of a \"structure\" under the California Building Standards Code, as adopted and amended by the city, and may require a building permit as determined by the Chief Building Official. Parklets are a type of pocket park if they are publicly accessible.Personmeans any person, firm, partnership, association, corporation, company, or organization of any kind.Posted agricultural buffer areameans an area adjacent to actively farmed agricultural fields designated to protect normal and lawful agricultural practices from impacts of adjacent land uses and posted for that purpose. Public access may or may not be occasionally allowed in posted agricultural buffer areas by special permit (see Section 27.03.190).Urban open spacemeans a civic space located solely in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) that is publicly-owned and can used for outdoor dining, as defined in Chapter 40, by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Urban open space areas are separate and distinct from open space areas.Usemeans the presence by any person at or upon any park or open space area for any reason whatsoever, regardless of the length or brevity of any such presence.Vehiclemeans any wheeled conveyance, whether motor-powered, animal-drawn, self-propelled, or pushed.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2390 § 3, 2012; Ord. 2668, 11/12/2024; Ord. 2694, 9/15/2026)" }, { "guid": "44639911", "number": "§ 27.01.020", "title": "Purpose and authority.", "text": "The purpose of this chapter is to establish regulations governing the management of parks and natural open space areas. The director shall be responsible for implementing and interpreting these regulations and issuing any special permits or permission required under this chapter. The director shall have the authority to close or limit access to certain parks and/or open space areas, or any portion thereof, for protection or other management purposes.", "history": "(Ord. 1877 § 1)" } ] }, { "guid": "44639912", "title": "PARKS", "number": "27.02", "url": "https://ecode360.com/44639912", "sha256": "54f33d5ebbf822e2a736adaf186b11c835e4752a5be8a1147f697a17bf990c38", "exportedArticleSha256": "18e2dd53683c0d65e4094f2c7260ff8d053e5acc827bc3ed2f3029c99f6d9efb", "sections": [ { "guid": "44639913", "number": "§ 27.02.010", "title": "Park property, buildings, trees, animals.", "text": "Except for authorized city maintenance, construction, or pest control activities, no person using a park shall:(a) Damage, deface, destroy, or remove any building, structure, equipment, facility, or other park property, whether real or personal.(b) Harm, disturb, pursue, injure, or throw objects at any wildlife or domestic animals within the park.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2684, 3/3/2026)" }, { "guid": "44639916", "number": "§ 27.02.020", "title": "Sanitation.", "text": "No person using a park shall:(a) Place, by any means, any substance which will or may result in the pollution of waters within park areas;(b) Dump any refuse or trash, but shall place it in the proper receptacles where such are provided. Where receptacles are not provided, waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639919", "number": "§ 27.02.030", "title": "Parks—Driving or parking motor vehicles upon or across.", "text": "No person shall park, permit the parking of, drive or permit to be driven, any motor vehicle, including any motorcycle or any motor-driven bicycle or scooter, upon or across any park owned and maintained by the city unless a permit has been obtained as hereinafter provided and subject to the terms and conditions set forth in such permit. No vehicle shall be driven on or across a park or greenway at a speed in excess of ten miles per hour, unless such park or greenway is otherwise posted. This prohibition shall not be applicable to emergency vehicles.The director shall issue permits to drive a vehicle across or upon such parks upon finding, based on such application as the director may from time to time direct, one of the following:(a) That such person is an employee of the city and uses his or her personal vehicle in the course of performing official duties arising from such employment;(b) The vehicle shall be used only for the purpose of transporting a person to a facility within the subject park or greenway, which person is, because of physical disability, unable to get to and from such a facility without vehicular assistance;(c) That such person is transporting equipment or supplies for a program or maintenance within the park or greenway, which equipment or supplies cannot be reasonably carried to the area where the activity is to be conducted.Any permit issued according to this section shall state thereon any and all conditions as to when it may be used, its term of duration, the purpose for which it is issued, and such other conditions as the director may deem reasonably necessary to protect the person and property of others using the park. The permit must indicate parking if it is approved. It is unlawful for any person to park or drive a vehicle in violation of such conditions. The permit must be prominently displayed on the vehicle so that its conditions can be easily observed without entering the vehicle.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639923", "number": "§ 27.02.040", "title": "Traffic, parking, bicycles.", "text": "No person using a park shall:(a) Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles;(b) Leave a bicycle, including an electric bicycle, unattended in a place other than a bicycle rack when such is provided and there is a space available;(c) Lock or secure a bicycle, including an electric bicycle, to a fence, pole, tree or other structure not intended for bicycle parking.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2529 § 3, 2018)" }, { "guid": "44639927", "number": "§ 27.02.050", "title": "Playing or practicing activities area.", "text": "No person shall play or practice golf, Frisbee, baseball, archery, roller hockey, soccer, or football in areas designated for other purposes (tennis courts, picnic areas, swimming pools). Archery is not permitted in any park. Golf is only to be practiced at the golf course.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2684, 3/3/2026)" }, { "guid": "44639928", "number": "§ 27.02.060", "title": "Skateboarding in city parks.", "text": "(a) Skateboarding is permitted in city parks along shared use paths, flatwork areas and hard courts made of asphalt or cement.(b) Designated skatepark facilities shall be identified through posted signage.(c) The City Manager or designee may establish additional rules governing skatepark operations, including hours of use and temporary closures for maintenance or safety reasons.", "history": "(Ord. 1608 § 1; Ord. 1877 § 1; Ord. 2684, 3/3/2026)" }, { "guid": "44639929", "number": "§ 27.02.070", "title": "Skateboard safety gear requirements.", "text": "(a) All persons using a city skatepark facility shall wear a helmet, elbow pads, and knee pads.(b) In-line skaters shall also wear wrist braces.(c) Signs shall be posted at each skatepark facility stating the safety requirements contained in this section.(d) Violations of this section may result in citation pursuant to applicable provisions of this Code.", "history": "(Ord. 1693 § 1; Ord. 1877 § 1; Ord. 2684, 3/3/2026)" }, { "guid": "44639930", "number": "§ 27.02.080", "title": "(Reserved)", "text": "Prior History: Ord. 1730 § 1; Ord. 1877 § 1; repealed by Ord. 2684, 3/3/2026.", "history": "" }, { "guid": "44639931", "number": "§ 27.02.090", "title": "(Reserved)", "text": "Prior History: Ord. 1630 § 1; Ord. 1877 § 1; repealed by Ord. 2684, 3/3/2026.", "history": "" }, { "guid": "44639932", "number": "§ 27.02.100", "title": "Model crafts, rockets, balloons.", "text": "No person shall fly model airplanes or operate model boats or model automobiles or model crafts of any kind or description on park facilities except in areas set aside for those specific activities or by authorized permit.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639933", "number": "§ 27.02.110", "title": "Recreation swimming.", "text": "No person in a park shall swim, bathe, wade in, or pollute the water of any lake or stream, except that wading and swimming shall be permitted in pools or other bodies of water provided for these purposes.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639934", "number": "§ 27.02.120", "title": "Picnic areas and use.", "text": "(a) No person using a park shall picnic, lunch, or loiter in a place that interferes with the use of active recreation areas or emergency vehicle access. The director and city park maintenance or recreation personnel have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all visitors. Visitors shall comply with any directions given to achieve this end. Tables and benches shall be used on a first-come, first-served basis unless reserved by permit.(b) No person shall leave a picnic area without removing all trash and refuse. Where disposal receptacles are provided, refuse shall be placed in such receptacles. If no receptacles are available, all refuse shall be carried away from the park area for proper disposal.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2668, 11/12/2024; Ord. 2684, 3/3/2026)" }, { "guid": "44639937", "number": "§ 27.02.130", "title": "Behavior in parks.", "text": "(a) No person using a park shall bring, possess, set off, discharge, or cause to explode any firecrackers, torpedoes, rockets, fireworks, explosives, or other hazardous or combustible materials, nor shall any person discharge or throw such items into any park area or from any adjacent land or roadway. This prohibition includes any substance, compound, mixture, or article that, alone or in combination with any other substance or compound, would be dangerous from any of the foregoing standpoints. Use of such items is permitted only when expressly authorized by permit.(b) No person using a park shall enter any area posted as Closed to the Public, nor shall any person use any area in violation of posted notices.(c) No person using a park shall make or kindle a fire for any purpose. For the purpose of this subsection, make or kindle a fire does not include:(1) The ordinary use of commercial charcoal in a barbecue for the purpose of cooking food, or(2) The permitted use, under the Downtown Outdoor Dining Program, of propane heaters or fire-top tables.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2252 § 2, 2006; Ord. 2390 § 3, 2012; Ord. 2668, 11/12/2024; Ord. 2684, 3/3/2026)" }, { "guid": "44639949", "number": "§ 27.02.140", "title": "Dogs and animals.", "text": "No person shall:(a) Permit or allow a dog in such person's charge to enter upon or remain within any park area reserved for children or to enter any sandbox or play apparatus area;(b) Fail to promptly remove from any park to an appropriate receptacle fecal matter deposited thereon by a dog in said person's charge;(c) Bring in, or cause or permit to be brought into any park, any animal other than a dog unless by permit issued and displayed upon request pursuant to Section 27.02.180 of this Code.", "history": "(Ord. 1011 § 2; Ord. 1056 § 3; Ord. 1877 § 1)" }, { "guid": "44639953", "number": "§ 27.02.150", "title": "Merchandising, advertising and signs.", "text": "No person using a park shall:(a) Sell, or offer for sale, any merchandise, any food or beverages, article or thing, or hire, whatsoever, without a permit;(b) Announce, advertise, or call the public attention in any way to any article or service for sale or hire, without a permit;(c) Paste, tack, or post any sign, advertisement, or inscription in any park without a permit.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1; Ord. 2668, 11/12/2024)" }, { "guid": "44639957", "number": "§ 27.02.160", "title": "(Reserved)", "text": "Prior history: § 27.02.160, Camping, adopted by Ord. 1011 § 2, as amended by Ord. 1877 § 1, was repealed by Ord. 2670, 12/3/2024.", "history": "" }, { "guid": "44639958", "number": "§ 27.02.170", "title": "Closing sections of park.", "text": "Any section or part of the park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639959", "number": "§ 27.02.180", "title": "Permit for use; application; standards; liability; revocation.", "text": "A permit shall be obtained from the director for exclusive use, or as otherwise required by this article, of any park facility or area.(a) Application. A person seeking issuance of a permit hereunder shall file an application with the director.(b) Standards for issuance. The director shall issue a permit hereunder when he or she finds:(1) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and other recreation;(2) That the proposed activity or use is not anticipated to incite violence, crime, or disorderly conduct;(3) That the proposed activity will not entail unusual or extraordinary expense or police operation by the city.(c) Appeal. If an application for a permit is denied, the director shall, within seven days of receipt of the application, advise the applicant in writing of the grounds for denial. The applicant shall have the right to appeal in writing within five days thereafter to the city council under the standards set forth in subsection (b) of this section.(d) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.(e) Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence or intentional acts of the person or persons to whom such permit shall have been issued. All persons to whom a use permit has been granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee and said persons shall be liable to the city for any and all damage to parks, facilities and buildings owned by the city, which results from the activity of permittee or is caused by any participant in said activity.(f) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639969", "number": "§ 27.02.190", "title": "Enforcement.", "text": "(a) The director or authorized employee of the city shall, in connection with their other duties, diligently enforce the provisions of this chapter.(b) The director and his or her duly authorized employees and representatives shall have the authority to eject from park and recreation areas any person acting in violation of these rules and regulations and to confiscate any property being used in a way so as to endanger persons or property.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" }, { "guid": "44639972", "number": "§ 27.02.200", "title": "Infraction.", "text": "Any person who violates any provision of this article shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law.", "history": "(Ord. 1011 § 2; Ord. 1877 § 1)" } ] }, { "guid": "44639973", "title": "OPEN SPACE AREAS", "number": "27.03", "url": "https://ecode360.com/44639973", "sha256": "f1184433d7c317797c0fa87b47ccc7d6b7aac934290ca8812905e3c2e2ee629e", "exportedArticleSha256": "196348d3bb8ea9c1cb07c2daa90ee9314ad24b8762d990f4c8942e643f7d4d28", "sections": [ { "guid": "44639974", "number": "§ 27.03.010", "title": "Glass containers.", "text": "No person shall bring glass containers on to a city open space area.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639975", "number": "§ 27.03.020", "title": "Alcohol.", "text": "No person shall possess or consume alcoholic beverages on a city open space area.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639976", "number": "§ 27.03.030", "title": "Boating.", "text": "Boating is prohibited on city open space areas unless authorized by special permit by the director. The director shall have authority to impose regulations, to safeguard public safety and to maintain the integrity of the resources on the site. Motorized boats shall not be permitted other than for maintenance or research purposes.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639977", "number": "§ 27.03.040", "title": "Dumping/littering.", "text": "No person shall:(a) Place, by any means, any substance which will or may result in the pollution of waters within city open space areas;(b) Dump any refuse or trash. Any trash brought by visitors to the site shall be placed in the proper receptacles where such are provided. Where receptacles are not provided, waste shall be carried away from the site by the person responsible for its presence, and properly disposed of elsewhere.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639980", "number": "§ 27.03.050", "title": "Swimming/wading.", "text": "No person shall swim, bathe, wade in or pollute the waters of a city open space area.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639981", "number": "§ 27.03.060", "title": "Fishing.", "text": "Fishing is prohibited within the boundaries of a city open space area, unless specifically authorized by the director by a special permit.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639982", "number": "§ 27.03.070", "title": "Hunting.", "text": "Hunting is prohibited within the boundaries, or into the boundaries of any city open space area.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639983", "number": "§ 27.03.080", "title": "Firearms.", "text": "Possession of firearms is prohibited on any city open space area, except for law enforcement personnel.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639984", "number": "§ 27.03.090", "title": "(Reserved)", "text": "Prior history: § 27.03.090, Camping, as adopted by Ord. 1877 § 1, was repealed by Ord. 2670, 12/3/2024.", "history": "" }, { "guid": "44639985", "number": "§ 27.03.100", "title": "Fires, smoking and fireworks.", "text": "No person using a city open space area shall make or kindle a fire for any purpose except at places provided for such purpose, and/or if granted a special permit by the director, to do so.Smoking is prohibited in any city open space area. Fireworks are prohibited in any city open space areas.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639986", "number": "§ 27.03.110", "title": "Field sports.", "text": "No person shall play or practice golf, Frisbee, baseball, archery, skateboard, soccer or football in open space areas designated for other purposes (including passive recreation, nature observation, walking trails and wildlife habitat). Archery is not permitted in any city open space area.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639987", "number": "§ 27.03.120", "title": "Motor vehicles and parking.", "text": "Except in the case of city owned vehicles, or authorized city employees using their private vehicles, no person shall park, permit the parking of, drive or permit to be driven, any motor vehicle, including any motorcycle, dirt bike or any motor-driven bike or scooter, upon or across any open space area owned or maintained by the city unless specifically authorized by special permit. This prohibition shall not be applicable to emergency vehicles. Parking shall be in designated locations or by special permit only.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639988", "number": "§ 27.03.130", "title": "Protection of plant material.", "text": "Except for authorized city maintenance, construction, pest control activities, research, and flood control maintenance, no person using an open space area shall wilfully deface, disfigure, injure or remove any plant material on, or from, that property. Removal of plant materials is strictly prohibited without a special permit granted by the director.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639989", "number": "§ 27.03.140", "title": "Protection of wildlife.", "text": "Except for authorized city maintenance, construction or pest control activities, no person using an open space area shall hunt, harm, molest, kill or harass any wildlife found on that property.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639990", "number": "§ 27.03.150", "title": "Protection of city facilities, improvements and natural features.", "text": "No person, except for authorized city personnel or tenants shall willfully deface, damage, remove, or modify any city open space area, facility, improvement or natural feature including, but not limited to, buildings, signs, exhibits, irrigation systems, benches, bridges, trails, gates, fences and landforms, natural or manmade.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639991", "number": "§ 27.03.160", "title": "Trails (walking/bikes).", "text": "Persons visiting open space areas shall stay on designated trails only, unless specific permission is granted by the director. Bicycles are not permitted in open space areas except in areas specifically designated for bicycles.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639992", "number": "§ 27.03.170", "title": "Domestic animals.", "text": "All domestic animals, including dogs, horses and farm animals are prohibited from open space areas, unless specifically permitted by special permit issued by the director or posted to allow specific animals.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639993", "number": "§ 27.03.180", "title": "Property boundaries.", "text": "All persons using city open space areas shall stay within the boundaries of the city open space areas. Trespassing on adjacent private properties is prohibited. If a person is informed that he or she is on private property, he or she shall leave the private property immediately.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639994", "number": "§ 27.03.190", "title": "Agricultural spraying.", "text": "No person shall enter upon a posted agricultural buffer area without a special permit. If notified that agricultural spraying is taking place on adjacent fields, all persons shall vacate the affected area immediately when notified to do so.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639995", "number": "§ 27.03.200", "title": "Special open space areas/liability.", "text": "The director shall have authority to grant access to certain open space areas by permission only. In addition to the regulations specified in Section 27.03.210 and other relevant city ordinances, the director may impose additional regulations or restrictions on the use of specially designated open space areas. These restrictions may include the execution of a liability release form for all persons or organizations prior to granting them permission to use the site.All persons or organizations granted permission and whether required to execute a liability release form or not shall be liable for any loss, damage or injury sustained from their use or activities on that site or from unlawful trespassing on adjacent private property. Those signing a liability release must agree to hold the city and adjacent landowners and tenants harmless against any and all claims arising from a visitor's or organization's use of the site or by the lawful conduct of the city or an adjacent landowner or their tenants. All persons shall be liable to the city for any and all damage to open space areas, facilities, vegetation and wildlife owned or managed by the city.", "history": "(Ord. 1877 § 1)" }, { "guid": "44639996", "number": "§ 27.03.210", "title": "Permit for use; application; standards; liability; revocation.", "text": "A permit shall be obtained from the director for exclusive use, or as otherwise required by this article, of any open space area.(a) Application. A person seeking issuance of a permit hereunder shall file an application with the director.(b) Standards for issuance. The director shall not issue a permit hereunder unless he or she finds all of the following:(1) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and other recreation;(2) That the proposed activity or use is not anticipated to incite violence, crime, or disorderly conduct;(3) That the proposed activity will not entail unusual or extraordinary expense or police operation by the city;(4) The proposed activity will be adequately supervised to insure the health and safety of participants and minimal risk of damage to public property and resources;(5) The proposed activity is associated with an identified city program or policy and contributes to the objectives outlined for the program or policy.(c) Appeal. If an application for a permit is denied, the director shall, within seven days of receipt of the application, advise the applicant in writing of the grounds for denial. The applicant shall have the right to appeal in writing within five days thereafter to the city council under the standards set forth in subsection (b) of this section.(d) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.(e) Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence or intentional acts of the person or persons to whom such permit shall have been issued. All persons to whom a use permit has been granted must agree in writing to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee and said persons shall be liable to the city for any and all damage to parks, facilities and buildings owned by the city, which results from the activity of permittee or is caused by any participant in said activity.(f) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.", "history": "(Ord. 1877 § 1)" }, { "guid": "44640008", "number": "§ 27.03.220", "title": "Enforcement.", "text": "(a) The director or authorized employees of the city shall, in connection with their other duties, diligently enforce the provisions of this chapter.(b) The director and his or her duly authorized employees and representatives shall have the authority to eject from open space or recreation areas any person acting in violation of these rules and regulations and to confiscate any property being used in a way so as to endanger persons or property.(c) This article shall not apply to food and beverage establishments utilizing urban open spaces for outdoor dining as permitted by the City's Downtown Outdoor Dining Program.", "history": "(Ord. 1877 § 1; Ord. 2668, 11/12/2024)" }, { "guid": "44640011", "number": "§ 27.03.230", "title": "Violation/penalty.", "text": "Any person who violates any provision of this article shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine not exceeding the maximum penalty prescribed by law.", "history": "(Ord. 1877 § 1)" } ] }, { "guid": "44646432", "title": "IN GENERAL", "number": "28.01", "url": "https://ecode360.com/44646432", "sha256": "7a23d3da0f8febd6ac5d49cacedb199732ee8e9b3a864d859497241c71e669a8", "exportedArticleSha256": "83edc33687054c943ea38838c4445604399584b968f4d09f51858040c1b7a709", "sections": [ { "guid": "44646433", "number": "§ 28.01.010", "title": "Findings.", "text": "The city council hereby finds that unregulated peddlers, solicitors and transient vendors can result in public nuisance and other dangers to public health and safety. The city council finds that the public interest, convenience and necessity require the regulation of peddlers, solicitors and transient vendors in order to promote free speech activities while safeguarding the safety of the residents of the city. Requiring registration and permitting of all peddlers, solicitors and transient vendors will assist in protecting the public against persons of criminal habits or tendencies representing themselves as peddlers, solicitors or transient vendors.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646434", "number": "§ 28.01.020", "title": "Uninvited entry prohibited.", "text": "The practice of going in and upon private residences or residential property in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant of such private residences, for the purpose of soliciting donations, contracts or services, orders for the sale of contracts, services, goods, wares or merchandise or for the purpose of disposing of, or peddling, or hawking the same, or any of them, is prohibited and declared to be a nuisance except as provided for in this chapter.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646435", "number": "§ 28.01.030", "title": "Exempt persons.", "text": "The provisions of this chapter shall not extend to any person exempt from such regulation under any provision of the Constitution or laws of the United States or the Constitution or any statute or code of this state.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646436", "number": "§ 28.01.040", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Permitis the revocable permission issued by the city pursuant to this article granting to an individual the right to solicit on private property and residential property, subject to the provisions of this article.Solicit and solicitationmeans the request, directly or indirectly, of money, contribution, credit, property, financial assistance or other thing of value. These words shall also mean and include the sale of, offer or attempt to sell, any contract, service, wares or merchandise. A \"solicitation\" as defined in this article shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this article.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646439", "number": "§ 28.01.050", "title": "Restricted entry.", "text": "No person shall enter or go onto residential property or premises to solicit if there is placed on residential property or premises in a conspicuous position near the entrance thereof a sign bearing the words: \"No Solicitation\" or \"No Trespassing\" or any similar notice indicating in any manner that the residents of such premises do not desire to have their privacy disturbed. In addition to any other remedies available under law, any entry on to property, which displays such a sign, shall be in violation of the solicitation permit and subject the permit to revocation in accordance with Section 28.01.140.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646440", "number": "§ 28.01.060", "title": "Permit—Application.", "text": "An application for a permit to solicit as provided by Section 28.01.070 shall be made to the city clerk upon forms provided by the city. Such application shall be sworn to and filed with the city clerk at least ten days prior to the time at which the permit applied for becomes effective; provided, that the city clerk may for good cause shown allow the filing of an application less than five days, prior to the effective date of the permit applied for. The city clerk shall either grant or deny the requested permit within five days of the date the application is made. In the event the city clerk fails to act within the time prescribed herein, the permit shall be deemed granted.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646441", "number": "§ 28.01.070", "title": "Permit—Application—Contents.", "text": "The application required under this article shall contain the following information, or, in lieu thereof, a detailed statement of the reason why such information cannot be furnished:(a) The name, address and phone number of the person applying for the permit;(b) The name, address and phone number of the person who will managing the solicitation, as well as the name, address and phone number of the company represented, if any, including national, state, regional or local headquarters;(c) An outline of the method to be used in conducting the solicitations;(d) The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitations;(e) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city, or by any department or officer thereof;(f) Two passport photos, one for use on the permit, the other to remain with the records of the city clerk;(g) If solicitation is on behalf of a non-profit organization, copies of any certification issued by a federal, state or county taxing authority indicating the tax-exempt status of the applicant;(h) Such other information as may reasonably be required by the city clerk in order to determine the kind and character of the proposed solicitation and whether such solicitation will endanger the physical health or safety of the inhabitants of the city, including, but not limited to, the following:(1) The names, addresses and phone numbers of all persons connected or to be connected with the proposed solicitation;(2) A full statement of the character and extent of the work being done by the applicant within the city.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646452", "number": "§ 28.01.080", "title": "Permit—Issuance.", "text": "The city clerk shall issue the permit provided for in this article whenever the city clerk finds the following facts to exist:(a) That the application has properly completed the application and all of the statements made therein have been declared to be true by the applicant. A verified application may be considered as evidence of the truth of the statements made therein;(b) That the kind, character and method of the proposed solicitation, the time when it will take place, and its duration are such that the solicitation will not endanger the physical health or safety of the public;(c) That, if the applicant has solicited in the city on prior occasion while this article was in effect, applicant complied in every respect with the regulations contained in this article.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646456", "number": "§ 28.01.090", "title": "Permit—Issuance—Filing statement of decision; notification of applicant.", "text": "The city clerk shall file for public inspection a statement of the decision upon each application, and shall notify the applicant of such decision.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646457", "number": "§ 28.01.100", "title": "Permit—Fee.", "text": "Together with the application for a permit under this article, there shall be paid to the city treasurer, to cover the cost of processing the permit, a sum to be set by resolution of the city council, as amended from time to time, to cover the cost of reviewing the application and processing the permit.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646458", "number": "§ 28.01.110", "title": "Permit—Form.", "text": "Permits issued under this article shall bear the name and address of the person who will make the solicitation(s), the number of the permit, the date issued, the dates within which the permit holder may solicit and a statement that the permit does not constitute an endorsement by the city or by any of its departments, officers or employees for the purpose of or the person conducting the solicitation. All permits shall be signed by the city clerk and contain a picture identification of the permit holder.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646459", "number": "§ 28.01.120", "title": "Permit—Terms and conditions.", "text": "(a) Term. No permit may grant the right to solicit longer than ninety days from its date, but the city clerk shall renew the permit within ten days of such request if the factual information upon which the original application was granted remains unchanged and that no violation of this article has been committed. If factual information in the original application has changed, a new application shall be required.(b) Proscribed hours. The permit shall only grant the right to solicit during the hours of 8:00 a.m. to 8:00 p.m. daily. Any violation of the proscribed hours shall result in the revocation of the permit in accordance with Section 28.01.140.(c) A permittee shall carry and display, the permit at all times when engaged in solicitation.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646463", "number": "§ 28.01.130", "title": "Permit—Nontransferable.", "text": "Any permit issued under this article shall be nontransferable and shall be returned to the city clerk within two days of its date of expiration.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646464", "number": "§ 28.01.140", "title": "Permit—Revocation.", "text": "Whenever it is shown, or whenever the city clerk has knowledge, that any person to whom a permit has been issued under this article has violated any of the provisions of this article, including any solicitation taking place before 8:00 a.m. or after 8:00 p.m. daily, the city clerk shall immediately suspend the permit and give the permit holder written notice by registered, special delivery mail of a hearing to be held within two days of such suspension to determine whether or not the permit should be revoked. This notice shall contain a statement of the facts upon which the city clerk has acted in suspending the permit. At the hearing, the permit holder, and any other interested person, shall have the right to present evidence as to the facts upon which the city clerk has based the suspension of the permit, and any other facts which may aid the city clerk in determining whether this article has been violated. If, after such hearing, the city clerk finds that the article has been violated, the city clerk shall, within two days after the hearing, file for public inspection and serve upon the permit holder by mail, a written statement of the facts upon which such findings are based and shall immediately revoke the permit. If, after such hearing, the city clerk finds that the article has not been violated, the city clerk shall, within two days after the hearing, give to the permit holder a written statement canceling the suspension of the permit and stating that no violation was found to have been committed.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646465", "number": "§ 28.01.150", "title": "Permit—Same—Notification of chief of police.", "text": "The chief of police shall be notified forthwith by the city clerk of the suspension or revocation of any permit issued under this article.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646466", "number": "§ 28.01.160", "title": "Investigations by city clerk.", "text": "The city clerk shall examine all applications filed under this article and shall attempt to verify all the information supplied by the application.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646467", "number": "§ 28.01.170", "title": "Notification of city clerk as to changes in fact, policies or methods.", "text": "If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the city clerk in writing thereof within twenty-four hours after such change.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646468", "number": "§ 28.01.180", "title": "Credentials of solicitors.", "text": "All persons to whom permits have been issued under this article shall furnish proper credentials for such solicitation. No solicitor shall solicit under any permit granted under this article without the credentials required by this section. The permit shall displayed to all persons solicited and to any police officer of the city.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646469", "number": "§ 28.01.190", "title": "Referral to city council.", "text": "The city clerk may refer any application for a permit under this article to the city council for its decision thereon.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646470", "number": "§ 28.01.200", "title": "Appeals from decisions of city clerk.", "text": "Within five days after receiving notification that an application for a permit to solicit under this article has been denied, or that a permit has been revoked, any applicant may file a written request for a public hearing on such application or revocation before the city council, together with written exceptions to the findings or reasons upon which the city clerk based the denial or revocation of the permit. Upon the filing of such a request with the city clerk, the city clerk shall notify the applicant of the hearing. The hearing shall be held at the earliest regularly scheduled city council meeting for which proper notice can be accomplished. At the hearing, the applicant may present evidence showing that he or she is entitled to a permit. Any interested person may, in the discretion of the city council, be allowed to participate in the hearing and present evidence in opposition to the issuance or reissuance of a permit. Within ten days after the conclusion of the hearing, the city council shall render a written report either granting or denying the permit. This report shall be filed in the city clerk's office for public inspection and, a copy shall be served by mail upon the applicant and all parties to the hearing.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646471", "number": "§ 28.01.210", "title": "Misrepresentations, deceptions, etc., prohibited.", "text": "No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his or her name, occupation, financial conditions, social condition or residence. No person shall make or perpetrate any misstatement, deception or fraud in connection with any solicitation of any purpose in the city, or in any application or report filed under this article.", "history": "(Ord. 1972 § 2, 1999)" }, { "guid": "44646472", "number": "§ 28.01.220", "title": "Authority of city clerk.", "text": "Nothing in this article shall be construed as granting to the city clerk, or to any other person, the authority to grant, deny, revoke, renew, or suspend any permit for any reason not specifically provided for in this article.", "history": "(Ord. 1972 § 2, 1999)" } ] }, { "guid": "44646473", "title": "(RESERVED)", "number": "28.03", "url": "https://ecode360.com/44646473", "sha256": "7a23d3da0f8febd6ac5d49cacedb199732ee8e9b3a864d859497241c71e669a8", "exportedArticleSha256": "ebdd86ae5b3df67c964fd11664935bab32b2b524994ebf1663a2bd76c2bd44dc", "sections": [] }, { "guid": "44646518", "title": "IN GENERAL", "number": "29.01", "url": "https://ecode360.com/44646518", "sha256": "8d539f5fd40830acb2eabba844e4769787bed00b375de91d01cf38d4be51702c", "exportedArticleSha256": "4ebf3c36584060329ad4f468c97f78dadd9b484e0b9b33c2b4ee8b4162e5a2f9", "sections": [ { "guid": "44646519", "number": "§ 29.01.010", "title": "Adoption and purpose of personnel system.", "text": "In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to city service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness and to provide a reasonable degree of security for qualified employees, the personnel system described in this chapter is hereby adopted.", "history": "(Ord. 405 § 1)" }, { "guid": "44646520", "number": "§ 29.01.020", "title": "Human resources administrator.", "text": "The city manager shall appoint a human resources administrator. The human resources administrator shall oversee and administer the city's personnel system, and shall provide competent professional and technical staff assistance in all areas of responsibility, as assigned by the city manager. All references in this Code to a \"personnel officer\" shall be interpreted as references to the human resources administrator.", "history": "(Ord. 405 § 1; Ord. 686 § 1; Ord. 1943 § 1, 1998)" }, { "guid": "44646521", "number": "§ 29.01.030", "title": "Personnel board establishment and powers and duties.", "text": "(a) There is hereby created a personnel board which shall follow the established standard commission structure and rules of procedure as adopted by resolution of the city council.(b) The functions of the personnel board shall be:(1) Fulfill obligations and responsibilities imposed by the city's personnel rules (hear appeals submitted by any regular employee relative to a disciplinary action).(2) When requested, investigate and make recommendations on any matter of personnel policy.", "history": "(Ord. 405 § 1; Ord. 686 § 1; Ord. 712 § 1; Ord. 1943 § 2, 1998; Ord. 2480 § 1, 2016; Ord. 2664, 8/27/2024)" }, { "guid": "44646529", "number": "§ 29.01.040", "title": "Personnel rules.", "text": "The personnel system authorized by this chapter shall be adopted, implemented and enforced pursuant to personnel rules adopted by resolution of the city council. Subject to the Meyers-Milias-Brown Act, the city council at its pleasure may amend or repeal the personnel rules at any time.", "history": "(Ord. 405 § 1; Ord. 633 § 1; Ord. 677 § 1; Ord. 744 § 1; Ord. 1943 § 5, 1998; Ord. 2664, 8/27/2024)" }, { "guid": "44646530", "number": "§ 29.01.050", "title": "Political activities of employees.", "text": "The political activities of city employees shall conform to pertinent provisions of federal and state law.", "history": "(Ord. 405 § 1; Ord. 1943 § 7, 1998; Ord. 2664, 8/27/2024)" }, { "guid": "44646532", "number": "§ 29.01.060", "title": "Right of city to contract for special services.", "text": "The city manager shall consider and make recommendations to the city council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The city council may contract with any qualified persons or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:(a) The preparation of personnel rules and subsequent revisions and amendments thereof;(b) The preparation of a position classification plan, and subsequent revisions and amendments thereof;(c) The preparation of a plan of compensation, and subsequent revisions and amendments thereof;(d) The preparation, conduct and grading of competitive tests;(e) Special and technical services of advisory or informational character on matters relating to personnel administration.", "history": "(Ord. 405 § 1; Ord. 2664, 8/27/2024)" } ] }, { "guid": "44646538", "title": "FURNISHING OF SUMMARY CRIMINAL HISTORY INFORMATION TO AUTHORIZED PERSONS", "number": "29.02", "url": "https://ecode360.com/44646538", "sha256": "8d539f5fd40830acb2eabba844e4769787bed00b375de91d01cf38d4be51702c", "exportedArticleSha256": "af6bd4e8014dcdf59ac4a3e2c09faa9bb584176e555d8f88148c929036c03247", "sections": [ { "guid": "44646539", "number": "§ 29.02.010", "title": "Findings.", "text": "The council hereby finds and determines:(a) That California Penal Code Section 11105(b)(10) authorizes the Attorney General to furnish state summary criminal history information to assist any city, district, officer or official in fulfilling employment, certification or licensing duties.(b) That California Penal Code Section 13300(b)(10) authorizes local criminal justice agencies to furnish local summary criminal history information to assist any city, district, officer or official in fulfilling employment, certification or licensing duties.(c) That California Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize the release of state and local criminal history information required to implement a statute, ordinance or regulation that expressly refers to specific criminal conduct and that contains requirements or exclusions expressly based upon such conduct, if access is specifically authorized by the city council or district governing board.", "history": "(Ord. 1306 § 1)" }, { "guid": "44646543", "number": "§ 29.02.020", "title": "Authorization for access.", "text": "Any city officer or official is authorized to request state summary criminal history information from the Attorney General and local summary criminal history information from the local criminal justice agency when such information is required to implement a statute, regulation or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the summary criminal history information and that contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.", "history": "(Ord. 1306 § 1)" }, { "guid": "44646544", "number": "§ 29.02.030", "title": "Moral turpitude conviction—Exception.", "text": "The city shall not consider a person who has been convicted of a felony or a misdemeanor involving moral turpitude eligible for employment or licensing. But such a conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, certificate or license in question.", "history": "(Ord. 1306 § 1)" } ] }, { "guid": "44646546", "title": "PURPOSE, DEFINITIONS, AND GENERAL PROVISIONS", "number": "30.01", "url": "https://ecode360.com/44646546", "sha256": "4e25daa7ed80c8359fc38af33dba7a133ffbc957e981e4a25753aa2c3ce6c1c7", "exportedArticleSha256": "b6ee3a9e3cba29f8881ff79ab5f8fb32a2791058b9c9994b6108abae4461fd38", "sections": [ { "guid": "44646547", "number": "§ 30.01.010", "title": "Purpose and intent.", "text": "The purpose and intent of this chapter is to promote the health, safety, and general welfare of citizens, and to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.). The City of Davis shall pursue this by reducing pollutants in stormwater discharges consistent with the requirements of National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 and by prohibiting nonstormwater discharges to the storm drain system except as may be necessary to achieve the purposes and intent of this chapter.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646548", "number": "§ 30.01.020", "title": "Definitions.", "text": "For the purposes of this chapter, the following words, phrases, and acronyms shall have the following meanings:Best management practices or BMPsmeans any program, technology, process, siting criteria, operation methods or measures, or engineered systems, which when implemented prevents, controls, removes, or reduces discharge of pollutants to the waters of the state and of the United States. Such practices may include, but need not be limited to: schedules of activities, prohibitions of practices, maintenance procedures, and other management practices. BMPs also include treatment requirements, operating procedures, and practices to control site run-on and run-off, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.Citymeans the City of Davis or the City Council of the City of Davis. Any action that may be taken on behalf of the city may be undertaken by the director or the city manager or designee, unless such action is reserved to the city council.Construction activitiesmeans activities associated with construction, including, but not necessarily limited to, clearing and grubbing, grading, excavation, and demolition, subject to a NPDES General Permit for Stormwater Discharges Associated with Construction Activity (NPDES General Permit No. CAS000002).Developermeans a person, group or organization that undertakes action(s) to improve a lot, tract, or parcel of land for the purpose of transfer of ownership of the property or for the purpose of residential, commercial, industrial or other nonresidential development.Developmentmeans any land disturbing activity that falls under the city's planning or permitting authority; including any construction activity, construction or installation of a building or structure, creation of impervious surfaces, or land subdivision. Development does not include: trenching, excavation and resurfacing associated with linear underground/overhead projects; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway.Dischargemeans any release, spill, leak, pump, flow, escape, leaching (including subsurface migration to groundwater), dumping, or disposal of any gaseous, liquid, semi-solid, or solid substance to the storm drain system.Directormeans the city's public works director or duly appointed designee.Dischargermeans any person, entity, group or organization that owns and/or is responsible for the property from which a discharge occurs.Hazardous materialmeans any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.Illicit connectionmeans any conveyance whether on the surface or subsurface through which the discharge of any pollutant to the storm drain and/or to the corresponding conveyance system occurs or may occur.Illicit dischargemeans any discharge to the storm drain that is not composed entirely of stormwater, except discharges pursuant to a city or NPDES permit and discharges that are exempt in accordance with Section 30.02.020 of this chapter or under any applicable order of the Regional Water Quality Control Board.Incidental runoffmeans unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.Industrial activitiesmeans the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, which is subject to a NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (NPDES General Permit No. CAS000001).MEP or the maximum extent practicablemeans a standard for stormwater discharge that municipalities must meet pursuant to the Clean Water Act Section 402(p)(3)(B)(iii) as amended over time. MEP primarily emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as backup (additional line of defense). The MEP approach is an ever-evolving, flexible and advancing concept, which takes into account technical and economic feasibility. As knowledge about controlling runoff continues to evolve, so does the MEP standard.Non-stormwatermeans any discharge to the storm drain that is not composed entirely of stormwater.Nonresidential developmentmeans property or that portion of a property that is developed for any purpose other than residential development, including institutional, commercial, industrial, office, and mixed-use tracts of land.Notice of intent or NOImeans a formal notice of intent to commence activities, which is submitted to the State Water Resources Control Board by the owner/operators of construction sites and industrial facilities. The NOI provides information regarding the permittee, location of discharge, and type of discharge. The permittee certifies that it will comply with conditions of the construction and industrial NPDES general permits.Notice of termination or NOTmeans a formal notice of intent to terminate activities, which is submitted to the State Water Resources Control Board by the owner/operators of construction sites and industrial facilities. The NOT provides information on the permittee and certifies that the permittee is no longer subject to the conditions of the construction and industrial NPDES general permits.NPDES or National Pollutant Discharge Elimination Systemmeans a permit issued by the state under authority delegated to it by the Clean Water Act (33 U.S.C. Section 1342(b)), that authorizes the discharge of pollutants to waters of the state or of the United States, whether the permit is applicable on an individual, entity, group, or general area-wide basis.Pollutantmeans a substance introduced into the environment that adversely affects the waters of the state or of the United States.Private landmeans any parcel of land under private ownership.Regional Water Quality Control Boardmeans the California Regional Water Quality Control Board for the Central Valley Region.Residential developmentmeans a subdivision, or that portion of a subdivision, containing only single-family or multifamily dwellings and appurtenant streets and greenbelts.Source control measuremeans any schedule of activities, structural devices, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.Stabilizedmeans land or areas that have stormwater BMP control measures in place which render discharges from the land or area free from pollutants.Storm drainmeans a drainage inlet, corresponding conveyance facilities and systems that carry stormwaters directly to waters of the state or of the United States, that are owned, operated or controlled by the city.Stormwatermeans any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation or snow melt runoff.Stormwater control measuresmeans permanent post-construction site design control measures, source control measures, and treatment control measures as defined in the state's Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit, as amended over time.Stormwater maintenance agreementmeans an agreement between the city and a property owner (and successors in interest) that contains a signed statement by the property owner accepting responsibility for inspection and maintenance of all required stormwater control measures, as outlined in the stormwater maintenance plan, until that responsibility is legally transferred.Stormwater maintenance planmeans a plan to maintain all designed and completed treatment control measures. The plan includes items such as a description and site map showing the locations of treatment control measures in relation to the site improvements and storm drain facilities; maintenance and cleaning activities and schedule; equipment and resource requirements necessary to operate and maintain the facility; and the responsible parties for operation and maintenance.Stormwater runoffmeans stormwater that originates on and flows from a property.Structural control measuremeans any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., canopy, structural enclosure). A structural control measure may include both treatment control and source control measures.Treatment control measuremeans any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.Wastewatermeans spent or used water that contains waste products, discharged from homes, commercial establishments, farms, or industries.Watercoursemeans a channel or depression in which a flow of water occurs, continuously or intermittently.Waters of the statemeans any surface water or groundwater, including saline waters, within the boundaries of the State of California.Waters of the United Statesis defined in accordance with the Code of Federal Regulations, 40 CFR 230.3(s), as amended over time.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646586", "number": "§ 30.01.030", "title": "Responsibility for administration.", "text": "The director or his or her designee shall administer, implement, and enforce the provisions of this chapter.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646587", "number": "§ 30.01.040", "title": "Construction and application.", "text": "This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the current and future versions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins as they apply to the city.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646588", "title": "DISCHARGE PROHIBITIONS AND GENERAL REQUIREMENTS", "number": "30.02", "url": "https://ecode360.com/44646588", "sha256": "c440b0301d383d1592d3358127330b8d0bd46191f31f441e903e14dbaa693433", "exportedArticleSha256": "531f63ddcf4be96f79d5b55a211c3ad14361a6dffcf46c363c202f52cb3411ad", "sections": [ { "guid": "44646589", "number": "§ 30.02.010", "title": "Prohibition of discharge.", "text": "The discharge of non-stormwater to the city's storm drain is generally prohibited. No person shall discharge, permit to be discharged, or cause to be discharged non-stormwater to the storm drain system, except as may be permitted by the Phase II Small MS4 General Permit (NPDES General Permit No. CAS000004) and/or in Section 30.02.020.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646590", "number": "§ 30.02.020", "title": "Exemptions to discharge prohibition.", "text": "Only discharges consistent with the Phase II Small MS4 General Permit (NPDES General Permit No. CAS000004) are exempt from the prohibition set forth in Section 30.02.010 above, and include:(a) Discharges that comply with any non-stormwater discharge authorized under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state under authority of the United States Environmental Protection Agency, if the discharger is in full compliance with all the requirements of the permit, waiver, or order and other applicable laws and regulations.(b) Discharges or flows from firefighting activities except where the discharges are identified as significant sources of pollutants to waters of the state or of the United States.(c) Any discharge that the city, with concurrence of the Regional Water Quality Control Board, determines in writing not to be a source of pollutants to the storm drains and/or any watercourse.(d) Any discharge that the city, the local health officer, or the Regional Water Quality Control Board determines, in writing, to be necessary for the protection of the public health and safety.(e) Any discharge caused by flooding or other natural disaster which could not have been reasonably foreseen or mitigated in advance by the discharger, as determined solely by the city.(f) The following specific non-stormwater discharges provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges, are developed and implemented under the city's stormwater program. This provision does not obviate the need to obtain any other appropriate permits for such discharges.(1) Water line flushing;(2) Individual residential car washing;(3) Diverted stream flows;(4) Rising ground waters;(5) Uncontaminated ground water infiltration (as defined at 40 C.F.R. Section 35.2005(20)) to separate storm sewers;(6) Uncontaminated pumped ground water;(7) Discharges from potable water sources;(8) Foundation drains;(9) Air conditioning condensation;(10) Springs;(11) Water from crawl space pumps;(12) Footing drains;(13) Flows from riparian habitats and wetlands;(14) Dechlorinated swimming pool discharges; and(15) Incidental runoff from landscaped areas (as defined in Section 30.01.020). Discharges in excess of an amount deemed to be incidental runoff shall be controlled. Dischargers responsible for nonincidental non-stormwater runoff shall implement the following measures.Notwithstanding the exemptions set forth above, if the city or the Regional Water Quality Control Board determines that any individual or class of non-stormwater discharge(s) listed above may be a significant source of pollutants to waters of the United States or City's storm drain system, or poses a threat to water quality standards (beneficial uses), monitoring, reporting and implementation of BMPs on the discharge may be required.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646612", "number": "§ 30.02.030", "title": "Authorization for further exemptions.", "text": "For discharges that are not otherwise subject to the requirements of the state's Phase II Small MS4 General Permit (NPDES General Permit No. CAS000004), the city, with concurrence of the Regional Water Quality Control Board, may issue written authorization for a non-stormwater discharge to the storm drains if the discharge is not prohibited by an NPDES permit or other applicable order of the Regional Water Quality Control Board, State Water Resources Control Board, or the United States Environmental Protection Agency, provided that the discharge is reasonably necessary for the conduct of otherwise lawful activities on the property and the discharge complies with all applicable provisions of the local, state and federal laws.A written request for exemption shall be submitted to the director, who shall determine whether to authorize the exemption. The director may give written notice to the person responsible for the discharge advising that the discharge exemption shall apply to the discharge at issue for a period not to exceed thirty days, commencing upon delivery of the notice. Upon revocation and/or expiration of such thirty-day period, any such discharge from the noticed property shall be unlawful.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646613", "number": "§ 30.02.040", "title": "Incidental runoff.", "text": "Every person responsible for any premises within the city shall control discharges from the premises in excess of incidental runoff by taking the following actions:(a) Promptly detect and correct leaks (for example, from broken sprinkler heads), no later than seventy-two hours after learning of the leak;(b) Properly design and aim sprinkler heads;(c) Not irrigate during precipitation events;(d) Manage ponds containing recycled water such that no discharge occurs unless the discharge is the result of a twenty-five-year, twenty-four-hour storm event or greater, and notify the city or the Regional Water Quality Control Board by email no later than twenty-four hours after the discharge. The notification is to include identifying information, including the address or intersection, property owner name and contact information.", "history": "(Ord. 2473 § 1, 2016)" }, { "guid": "44646618", "number": "§ 30.02.050", "title": "Notification of intent and compliance with general NPDES permits.", "text": "A discharger seeking coverage under a general NPDES permit shall submit a notice of intent to the Regional Water Quality Control Board, and/or to the State Water Resources Control Board, and to the United States Environmental Protection Agency, as appropriate, and shall comply with, and undertake all activities required by the most recent version of the applicable general NPDES permit.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646619", "number": "§ 30.02.060", "title": "Compliance with best management practices.", "text": "Where BMP guidelines or requirements have been adopted by the city, the Regional Water Quality Control Board and/or the State Water Resources Control Board, and the United States Environmental Protection Agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such BMP guidelines or requirements.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646620", "number": "§ 30.02.070", "title": "Illicit discharge and connections.", "text": "The establishment, use, maintenance, or continuance of illicit connections to the storm drain, and/or commencement or continuance of any illicit discharges to the storm drain is prohibited. This prohibition expressly applies to all connections within the city regardless of whether such connection was made prior to the adoption of this chapter and/or under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646621", "number": "§ 30.02.080", "title": "Public nuisance.", "text": "Any person who knowingly causes, creates, or allows a condition that results in a violation of any provision of this chapter shall be deemed to have created a public nuisance. In the event such nuisance is not abated, or the person notified of such nuisance does not immediately abate such nuisance, and the director, or designee, has determined it to be an immediate threat to any person or to any property, the city is hereby authorized to abate such nuisance at the expense of the person who caused, created or allowed such nuisance. The reasonable cost of such abatement may be filed as a lien against the property upon which the nuisance was located.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646622", "number": "§ 30.02.090", "title": "Dumping/littering.", "text": "Except for pollutants lawfully disposed of in containers, or yard refuse properly disposed of as provided in Section 32.01.090 of the city's municipal code, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left, maintained or kept, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, such that the same may be or may become a pollutant discharged to the waters of the United States or of the state.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646623", "number": "§ 30.02.100", "title": "Notification requirement.", "text": "Notwithstanding any other requirement of law, any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the city's storm drain system, or waters of the state or of the United States, shall be reported immediately in the following manner by any person in charge of a facility or responsible for the facility's emergency response:(a) The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).(b) The release of a nonhazardous waste shall be reported to the director by phone no later than 5:00 p.m. on the same business day. If the release occurs on a weekend or holiday, notification by phone shall be made on the next business day. A written notification of the release shall also be made to the director within five business days of the release.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646626", "title": "STORMWATER REQUIREMENTS AND REGULATIONS", "number": "30.03", "url": "https://ecode360.com/44646626", "sha256": "a546aa0eaf4f456e06848449431f1294de93adc3e767d2f3a0cebf66e3d83b06", "exportedArticleSha256": "a4309e4ffe54dc7a0d7cba1c0bb90c9f03de1a245846b0ba278b6145cb77d416", "sections": [ { "guid": "44646627", "number": "§ 30.03.010", "title": "Stormwater discharges associated with construction activity.", "text": "(a) Plan review. The applicant for any development permit and the owner of any premises which is the subject of such an application must comply with the terms, conditions, and requirements imposed by the city to ensure compliance with this chapter and any applicable permit. Such terms, conditions, and requirements may include, but are not limited to, actions and practices consistent with the current version of California Storm Water Quality Association's Construction Best Management Practice Manual or its equivalent, and requirements for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures and illicit discharges. If the project will be approved without application for a grading permit or building permit, the owner of any premises subject to a discretionary land use approval or subdivision map must comply with all terms, conditions and requirements imposed by the city to ensure compliance with this chapter or any applicable permit.(b) Compliance with construction general permit. Every development project that disturbs one acre or more of soil or disturbs less than one acre but is part of a larger common plan of development or sale of one or more acres of disturbed surface land is subject to the NPDES General Permit for Stormwater Discharges Associated with Construction Activity (NPDES General Permit No. CAS000002) and shall comply with all provisions of such permit. Proof of compliance with the construction general permit satisfactory to the director must be submitted prior to issuance of a grading or building permit.(c) Erosion and sediment control plan. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the city shall prepare and submit, or cause to be prepared and submitted, an erosion and sediment control plan prior to and as a condition of the issuance of a grading or building permit. The erosion and sediment control plan shall contain, at a minimum, appropriate site-specific construction site BMPs, the rationale used for selecting or rejecting BMPs, a quantification of expected soil loss where necessary, a list of applicable permits directly associated with applicable grading activity, and evidence that those permits have been obtained. No construction activity shall commence before the city engineer issues written approval of the erosion and sediment control plan. A stormwater pollution prevention plan (\"SWPPP\") developed pursuant to the construction general permit may substitute for the erosion and sediment control plan for projects where a SWPPP is developed. In such cases, the SWPPP must comply with this chapter and must be submitted to the city for review and approval.(d) Permit coverage. Prior to and as a condition of receiving a grading or building permit, the person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the city, shall demonstrate existing coverage under applicable permits, including, but not limited to, the State Board's Construction General Permit, State Board 401 Water Quality Certification, United States Army Corp 404 permit, and California Department of Fish and Wildlife 1600 Agreement. The city may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, SWPPPs, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any permit.(e) BMPs. The director may require, as a condition of issuing a grading or building permit, the implementation of BMPs to ensure that the discharge of pollutants from a construction site will be effectively prohibited and will not cause or contribute to a condition of pollution or to an exceedance of water quality standards. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the city shall implement such BMPs approved by the director to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. All construction and grading activities shall comply with applicable laws, including all applicable city ordinances and the city's NPDES permit regulating discharges into and from the storm drain.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646633", "number": "§ 30.03.020", "title": "Industrial activities subject to State of California NPDES General Permit for Stormwater Discharges Associated with Industrial Activity.", "text": "Each industrial discharger, as described in the NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (NPDES General Permit No. CAS000001) shall submit a NOI and comply with the general permit.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646634", "number": "§ 30.03.030", "title": "New development and significant redevelopment projects subject to State of California NPDES Phase II Small Municipal Separate Storm Sewer System General Permit.", "text": "(a) All discretionary development and redevelopment projects are subject to the post-construction standards as described in the NPDES General Permit for Phase II Small Municipal Separate Storm Sewer System (NPDES General Permit No. CAS000004).(b) Drainage of stormwater runoff from all residential, nonresidential, and public project development shall be collected and conveyed by a city-approved storm drain system.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646637", "number": "§ 30.03.040", "title": "City approval of stormwater control measures.", "text": "No building permit shall be issued by the city unless the design of the required stormwater control measures has been reviewed and approved by the city. No final certificate of occupancy shall be issued by the city until the installation of such stormwater control measures has been completed in substantial conformance with the approved design as determined by the director or designee. Stormwater control measures shall be designed and installed in accordance with Section 30.03.030.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646638", "title": "OPERATION AND MAINTENANCE OF STORMWATER CONTROL MEASURES", "number": "30.04", "url": "https://ecode360.com/44646638", "sha256": "4f861a670bdb1bfca2bdf2c282b60804adf420bbe3748446fd6a2bf999e9e7d0", "exportedArticleSha256": "298c2d7590369e970797bd50afbe2e6ce92a6463117ffd9705159345cc548c87", "sections": [ { "guid": "44646639", "number": "§ 30.04.010", "title": "Operation and maintenance required.", "text": "Verification of maintenance provisions is required for all control measures as specified in the state's Phase II Small MS4 General Permit (NPDES General Permit No. CAS000004). Verification, at a minimum, shall include a signed stormwater maintenance agreement and corresponding stormwater maintenance plan. The stormwater maintenance agreement shall state that the property owner accepts full responsibility for inspection and maintenance for the full term of the agreement or until the responsibility for maintenance is legally transferred. The property owner shall file the agreement with the city and record the agreement with the county. The responsible party named in the stormwater maintenance agreement shall maintain treatment control measures in good condition and promptly repair and restore all stormwater control measures, all necessary access routes, and appurtenances (grade surfaces, walls, drains, dams, structures, vegetation, erosion and sedimentation controls, and other protective devices). Such repairs or restoration and maintenance shall be undertaken in accordance with the stormwater maintenance agreement, and the stormwater maintenance plan.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646640", "title": "INSPECTIONS AND SAMPLING", "number": "30.05", "url": "https://ecode360.com/44646640", "sha256": "4617193daed29bad2ccb2c093d9e0dfa97aee7e2ed64b5e699d6ad496bafb552", "exportedArticleSha256": "427d0794ac35f7cfb669f8fb9dd2a3f21ad9bcca8d38d2a98dd631b0d2ca5a11", "sections": [ { "guid": "44646641", "number": "§ 30.05.010", "title": "Authority to inspect and sample.", "text": "(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of any provision of this chapter, as determined by the city, the city may, within limitations of law, enter such building or premises at all reasonable times to inspect the same for violations of this chapter or to perform any duty imposed upon the city by this chapter, including, but not limited to, sampling and monitoring. If such building or premises are unoccupied, the city shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry prior to entry. In the event the owner or occupant is not present, or in the event the owner or occupant refuses entry, the director or designee shall give the owner or occupant twenty-four hours written notice of the intention to enter onto the premises. Such notice shall state that, in the event entry is refused, the city may seek an order from a court of competent jurisdiction to obtain such entry. In the event the owner or occupant refuses entry, the city may seek an order from any court of competent jurisdiction to obtain such entry pursuant to state law.(b) The city retains the right to conduct routine sampling and monitoring. In most cases, the costs of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the city. Routine or area inspections may be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination or illicit discharges to a storm drain, or similar factors.(c) Whenever the city determines there exists reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or discharge of other unlawful material to a storm drain, the city may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the city may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner and/or occupant of the premises under review in accordance with the applicable provisions of state law and of this Code. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the city.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646645", "title": "VIOLATIONS, ENFORCEMENT, AND PENALTIES", "number": "30.06", "url": "https://ecode360.com/44646645", "sha256": "eada8d2047bb88fb3298c4dbc5f4928b835b72a42c6083a8d2358dc05b2f9003", "exportedArticleSha256": "ea598380dc41debcbd42cda5a20317c96055d5fb29db209a0e4b1bcdbcda1eb9", "sections": [ { "guid": "44646646", "number": "§ 30.06.010", "title": "Violations.", "text": "Any action or inaction that violates any provision of this chapter and/or the requirements of a recorded stormwater maintenance agreement, may be subject to the enforcement actions set forth in this article. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties set forth below shall not prevent such equitable relief.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646647", "number": "§ 30.06.020", "title": "Notice of violation.", "text": "(a) Whenever the city finds that a person has violated a provision of this chapter or has failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation, all or some of the following measures:(1) Performance of monitoring, analysis and reporting;(2) Proof of the elimination of illicit connections or discharges;(3) Termination of violating discharges, practices or operations;(4) Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;(5) Payment of a fine to cover administrative and remediation costs, if any, borne by the city;(6) Implementation or maintenance of source control or treatment control measures; and/or(7) A plan to eliminate illicit discharges.(b) If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline by which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to comply by the established deadline, the work may be performed by the city, or by a contractor designated by the city, and the costs for such work shall be charged to the property owner. If the property owner fails to reimburse the city, a lien upon and against the property may be imposed and shall remain in force until the amount is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and of this Code.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646657", "number": "§ 30.06.030", "title": "Penalties.", "text": "In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.(a) Stop work order. The city may issue a stop work order, which shall be served on the property owner or other responsible person. The stop work order shall remain in effect until the property owner or other responsible person has implemented the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the property owner or other responsible person to implement the necessary remedial measures to cure the violation or violations.(b) Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the property owner or other responsible person has implemented the remedial measures set forth in the notice of violation or has otherwise resolved the violations described therein.(c) Suspension, revocation or modification of permit. The city may suspend, revoke or modify permits issued by the city. A suspended, revoked or modified permit may be reinstated after the property owner or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise resolved the violations described therein, provided such permit may be reinstated upon such conditions as the city may deem necessary to enable the property owner or other responsible person to take the necessary remedial measures to cure such violations.(d) Civil penalties. In the event the property owner or other responsible person fails to take the remedial measures set forth in the notice of violation, the city may impose a penalty not to exceed five thousand dollars (depending on the severity of the violation) for each violation for each day the violation(s) continue(s).Civil penalties may be imposed either on a daily basis or on a per-gallon basis, but not both, for any discharge of non-stormwater to storm drains that violates any provision of this chapter. Civil penalties imposed on a daily basis shall not exceed five thousand dollars for each day or portion of a day that the discharge occurs, and civil penalties imposed on a per-gallon basis shall not exceed ten dollars for each gallon of discharge. The total civil penalty imposed shall be determined by taking into consideration some or all of the following factors: the nature, circumstances, extent, and gravity of the discharge, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on the violator's ability to remain in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, the economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.(e) Criminal penalties. Any person who knowingly or wilfully violates any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by six months imprisonment, or both. Each act of violation and each day on which a violation occurs or continues shall constitute a separate offense.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646663", "number": "§ 30.06.040", "title": "Appeals.", "text": "(a) Any person aggrieved by an action or decision of the director may file a written notice of appeal with the city manager within ten calendar days from the date of the action or decision. If an appeal is not filed within that time, the determination of the director shall be final. The written notice of appeal shall set forth in detail all the facts supporting the appellant's request. The written notice of appeal shall be accompanied by the applicable fee to cover the costs of the appeal.(b) The city manager shall within fifteen days of receiving the written notice of appeal designate an impartial hearing officer to hear the appeal and mail written notice to the appellant of the hearing date, time, and place at least ten business days before the hearing. The hearing date shall not be more than thirty days from the mailing of such notice to the appellant. Employees of the city shall not be eligible to serve as the hearing officer. A notice of the time and place for the hearing shall be published in a newspaper of general circulation in the city.(c) If the appellant wishes to have the hearing transcribed, the appellant may request that a court reporter be present at the hearing. The appellant shall bear all costs and expenses of the transcription.(d) At the hearing, the appellant shall have the opportunity to present information supporting his or her position with respect to the director's action or decision. After the conclusion of the hearing, the hearing officer shall submit a written report to the city manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify, or reverse the director's action or determination. Upon receipt of the written report, the city manager shall make a determination and shall issue a decision and order within thirty calendar days of the hearing. The city manager's written decision and order shall be sent by certified mail to the appellant or to appellant's attorney if appellant is represented by one. The decision of the city manager shall be final.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646668", "number": "§ 30.06.050", "title": "Remedies not exclusive.", "text": "The remedies set forth in this article are in addition to, and do not supersede or limit any and all other available remedies, either civil or criminal. The remedies set forth in this article shall be cumulative to, and not exclusive of, each other.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646669", "title": "SEVERABILITY OF CHAPTER", "number": "30.07", "url": "https://ecode360.com/44646669", "sha256": "cc088b49679281697ef15d3a4e15bf9402e596e4a5592922d216b694c482423c", "exportedArticleSha256": "d2d5e2463418152df136015dd480d281027e2df2307d3c59ed4a3b234a140ae7", "sections": [ { "guid": "44646670", "number": "§ 30.07.010", "title": "Severability.", "text": "If any section, subsection, sentence, clause, or phrase in this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this chapter.", "history": "(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646671", "title": "CHARGES FOR STORM DRAINAGE AND FLOOD CONTROL FACILITIES", "number": "30.08", "url": "https://ecode360.com/44646671", "sha256": "0bb5ea767b89d4e08dae8379e4a231b2649e8e97d7827e6de19a91852523589f", "exportedArticleSha256": "0fd07576eb686d158cc5a8b71f85367158323a83b6c1a9d3aa231c6bf5b0c88a", "sections": [ { "guid": "44646672", "number": "§ 30.08.010", "title": "Use of drainage facilities charge proceeds.", "text": "Revenues derived under the provisions of this article shall be used only for: (a) the acquisition, construction, reconstruction, maintenance and operation of storm drainage water systems and related facilities; (b) to repay principal and interest on bonds issued for the construction or reconstruction of such systems or facilities; (c) to repay federal or state loans or advances made to the city for the construction or reconstruction of such systems or facilities; (d) operations and maintenance of detention ponds, conveyance channel, wetlands; (e) sampling and testing of stormwater; and (f) studies, reporting, and permitting for such systems and facilities. A specific fund shall be established for the deposit and disbursement of the funds collected under this article.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016; Ord. 2622 § 1, 2022)" }, { "guid": "44646673", "number": "§ 30.08.020", "title": "Billing procedure.", "text": "It is the intention of the city council that the person who owns the parcel, as on the recorded deed, shall be charged and billed for storm drainage services, and whenever not prohibited by the express words of the ordinances, the water charge ordinance and the drainage facilities ordinance shall be so construed as to be consistent with each other.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646674", "number": "§ 30.08.030", "title": "Charges to be billed with garbage, refuse, and water bills.", "text": "The charges provided by this article may be collected with the rates, tolls and charges for any other utility provided by or billed by the city, including charges for water and garbage and refuse collection. All such charges may be billed upon the same bill. The city council may by separate ordinance provide that such charges be collected on the tax roll, together with, and not separately from, its general taxes.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646675", "number": "§ 30.08.040", "title": "Persons responsible for the payment of drainage facilities charges.", "text": "The owner of any building, structure, premises or real property which has available for use with respect thereto the storm drainage system of the city shall be responsible for the drainage facilities charges pertaining to such property. Where more than one person owns the property, or any interest therein, each such owner shall be responsible jointly and severally for all of such charges irrespective of the relative rights as between themselves.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646676", "number": "§ 30.08.050", "title": "Schedule of charges.", "text": "The monthly rate for a single-family home on a medium size parcel of 0.14 to 0.22 acres is thirteen dollars and ten cents per parcel for fiscal year 2022-23. This rate is expressed as one Single-Family Equivalent (SFE). The rates for each land use category are calculated in relation to this rate. The land use category for the parcel shall be the use as of May 1 of each year. Parcel sizes are rounded to the nearest two decimal places. The rates are calculated as follows:(a) Single-family homes, mobile homes, multifamily homes with up to four residential units:(1) Parcels of 0.13 acres or less: 0.78121 SFE per parcel.(2) Parcels of 0.14 to 0.22 acres: 1.00000 SFE per parcel.(3) Parcels of 0.23 to 0.27 acres: 1.33247 SFE per parcel.(4) Parcels of 0.28 acres or more: 1.48654 SFE per parcel.(b) Condominiums:(1) Condominium with no other condominium units above or below it: 0.65064 SFE per parcel.(2) Condominium with one or more other condominium units above or below it: 0.60128 SFE per parcel.(c) Apartments: 7.948 SFE per acre.(d) Mobile home parks: 7.499 SFE per acre.(e) Agricultural, open space, undeveloped land in its native condition: 0 SFE per parcel.(f) Other vacant land: 0.6280 SFE per acre.(g) Single family home on agricultural land: 1.48654 SFE per parcel.(h) Commercial/industrial:(1) Golf course, cemetery: 0.6280 SFE per acre.(2) General commercial, hotel/motel, parking lot, storage, warehouse, paved path: 10.527 SFE per acre.(3) Hospital, retirement home, day care, church/mosque/synagogue/temple, school without play field, mortuary, recreational (such as theater, bowling, tennis courts): 7.499 SFE per acre.(4) School with play field(s): 5.261 SFE per acre.(5) Office: 8.677 SFE per acre.Charges may be prorated among multiple utility accounts on one parcel.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 1225 § 1; Ord. 1521 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016; Ord. 2622 § 2, 2022)" }, { "guid": "44646696", "number": "§ 30.08.060", "title": "Schedule of charges—City council authority.", "text": "The city council may, by resolution, suspend or reinstate the levy of fees imposed by Section 30.08.050.", "history": "(Ord. 975 § 1; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646697", "number": "§ 30.08.070", "title": "Special charges.", "text": "The city council is hereby empowered to direct the city manager or his/her delegate to make charges for drainage facilities other than, or different from, the rates established in this article, in the event that special circumstances make special charges reasonable and fair.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 1521 § 4; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646698", "number": "§ 30.08.080", "title": "Yearly increase.", "text": "Beginning in fiscal year 2022-23 and in each fiscal year thereafter, the rates established in Section 30.08.050 shall be increased by the lesser of: (a) three percent; or (b) the percentage increase in the San Francisco-Oakland-Hayward Consumer Price Index, All Urban Customers (CPI-U), during the twelve month period ending with the most recent month that has been published by the Department of Labor, Bureau of Labor Statistics, as of the calculation date. The annually adjusted rates are the \"maximum rates.\" The city council may, by resolution, adjust the rates in any amount up to and including the amount of the maximum rates.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 1225 § 1; Ord. 1521 § 5; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016; Ord. 2622 § 3, 2022)" }, { "guid": "44646699", "number": "§ 30.08.090", "title": "Due date of charges—Delinquent accounts.", "text": "All bills shall become due and payable on the twenty-eighth day of each calendar month and shall become delinquent thereafter, if not paid.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016; Ord. 2560 § 1, 2019)" }, { "guid": "44646700", "number": "§ 30.08.100", "title": "Commencement of liability for charges.", "text": "Liability for charges under this article shall commence upon annexation to the city.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 1521 § 6; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646701", "number": "§ 30.08.110", "title": "No credit for vacancy.", "text": "No credit, adjustment or refund will be made to any customer because the premises, or any part thereof, are vacant.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646702", "number": "§ 30.08.120", "title": "Billing procedures.", "text": "(a) For all vacant land, single-family dwellings, duplexes, multiple-family units, mobile homes and other residential units, the billing shall be to the owner of the parcel as on the recorded deed.(b) For commercial or industrial parcels, provided each occupant is served by a separate meter, the billing shall be to the person specified by the owner of the parcel, and if not specified, then to the owner of the parcel.(c) In the event more than one commercial or industrial occupant is served through a single meter, the billing shall be to the owner of the parcel.(d) In all cases not specifically provided for above, or where the billing procedure specified above proves impractical or inconvenient, as determined by the finance director, the billing shall be to the owner who is ultimately responsible for the payment of the bill, as elsewhere specified in this article.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 1521 § 7; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" }, { "guid": "44646707", "number": "§ 30.08.130", "title": "Refunds.", "text": "When any refund becomes due and owing by virtue of action of the city council or by virtue of any error made in ascertaining the charge applicable to any customer, the city's finance director is authorized to make such refund and to expend such public moneys from the specific fund established for the deposit of drainage facilities charges.", "history": "(Ord. 958 § 3; Ord. 968 § 3; Ord. 2391 § 2, 2012; Ord. 2473 § 1, 2016)" } ] }, { "guid": "44646714", "title": "IN GENERAL", "number": "32.01", "url": "https://ecode360.com/44646714", "sha256": "648439ede398dd17ae6e1180b9854d922e2bc6c57ae20b6efd03ef00858f859e", "exportedArticleSha256": "dc99859323482185d37b7e842c1ffa2f4e756a1d6a578445f67fad5ce7a55bd4", "sections": [ { "guid": "44646715", "number": "§ 32.01.010", "title": "Definitions.", "text": "For the purposes of this article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this article. Additionally, for the purposes of this article, the definitions in 14 CCR Section 18982 shall control for terms used in this article and not defined in this Code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.CalRecycle.The California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the city (and others).California Code of Regulations or CCR.The State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant title of the CCR (e.g., \"14 CCR\" refers to Title 14 of the CCR).Cardboard collection service.A collection service that collects corrugated cardboard that is greater than two cubic feet in size when flattened and stacked in a pile within five feet of the curb or on the ground next to the dark blue container or split blue container for collection by the city's contract hauler. Corrugated cardboard of any size placed in a container used only for the purpose of collection of cardboard by the city's contract hauler.Code compliance administrator.The city employee or agent of the city, including the city's designee with the authority to enforce any provision of this article, or as otherwise defined in Section 1.02.020 of this Code.Commercial business or commercial.A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for the purposes of implementing this article.Commercial edible food generator.A tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).Compliance review.A review of records by the city to determine compliance with this article.Communally serviced residence.Apartments, quadruplexes, condominiums, mobile home parks and other resident occupancies at which wastes from individual resident units are commingled in a common container or a group of containers.Community composting.Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).Compost.The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility; or as otherwise defined in 14 CCR Section 17896.2(a)(4).Compostable plastics.Plastic materials that meet the ASTM D6400 standard for compostability; or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).Container contamination or contaminated container.A container, regardless of color, that contains prohibited container contaminants; or as otherwise defined in 14 CCR Section 18982(a)(55).Construction and demolition debrisincludes:(1) Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, metals, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and/or lumber, generated as part of a construction, demolition or renovation project; of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project;(2) Clean cardboard, paper, plastic, wood, and metal scraps resulting from any construction or demolition project;(3) Other nonhazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry.Contract hauler.The entity under contract with the city to haul solid waste in the city.Customer.Any person or entity that the city or contract hauler bills for solid waste services provided by the contract hauler.Dark blue container.A container that is part of the city's collection service for generators that are commercial businesses, including multifamily residential dwellings, with a dark blue lid and body and used only for the purpose of storage and collection of source separated dark blue container organic waste; or as otherwise defined in 14 CCR Section 18982(a)(5). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated dark blue container organic waste and that do not comply with the color requirements of 14 CCR Sections 18982(a)(5) and 18984.1(a)(6)(B) shall be deemed to be dark blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.Dark blue side.The side of a split blue container that has a dark blue lid and is used only for the purpose of storage and collection of source separated dark blue container organic waste. Notwithstanding the foregoing, a functional side of a split blue container purchased prior to January 1, 2022 that is used for the storage and collection of source separated dark blue container organic waste and that does not comply with the color requirements of 14 CCR Sections 18982(a)(5) and (6)(B) (including a side of a split blue container with a black lid, instead of a dark blue lid, on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste) shall be deemed to be the dark blue side of the split blue container.Designee.An entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this article as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, including the city's contract hauler, a private entity, or a combination of those entities.Edible food.Food intended for human consumption; or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), \"edible food\" is not solid waste if it is recovered and not discarded. Nothing in this article requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.Enforcement action.An action of the city to address noncompliance with this article, including, but not limited to, issuing administrative citations, citations for an infraction, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).Excluded waste.Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the code compliance administrator's or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code.Food distributor.A commercial business that distributes food to entities, including, but not limited to, supermarkets and grocery stores.Food facility.A food facility as defined in Section 113789 of the State Health and Safety Code.Food recovery.Actions to collect and distribute edible food for human consumption which otherwise would be disposedFood recovery organization.An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to: (1) a food bank as defined in Section 113783 of the State Health and Safety Code; (2) a nonprofit charitable organization as defined in Section 113841 of the State Health and Safety Code; and (3) a nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).Food recovery service.A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for edible food recovery.Food scraps.All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. Acceptable food scraps may be added to or removed from this list from time to time by the city.Food service provider.An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.Food-soiled paper.Compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper towels, compostable paper plates, paper coffee cups, napkins, and pizza boxes. Acceptable food-soiled paper may be added to or removed from this list from time to time by the city.Food waste.Food scraps, food-soiled paper, and compostable plastics.Generator.A person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, means a person or entity that is responsible for the initial creation of organic waste; or as otherwise defined in 14 CCR Section 18982(a)(48).Gray container.A container that is part of the city's collection service for all generators and used only for the purpose of storage and collection of gray container waste; or, as otherwise defined in 14 CCR Section 18982(a)(28). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of gray container waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), shall be deemed to be gray containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.Gray container waste.Solid waste that is collected in a gray container that is part of the city's container collection service for all generators that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b); or as otherwise defined in 14 CCR Section 17402(a)(6.5).Green container.A container that is part of the city's collection service for all generators and used only for the purpose of storage and collection of source separated green container organic waste; or as otherwise defined in 14 CCR Section 18982(a)(29). Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated green container organic waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be green containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.Grocery store.A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or as otherwise defined in 14 CCR Section 18982(a)(30).Hazardous waste.Waste defined as hazardous by State Public Resources Section 40141; namely, a waste or combination of wastes which, because of its quantity, concentration, toxicity, or physical, chemical or infectious characteristics, may do either of the following: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. \"Hazardous waste\" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States government, or by the California legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.High diversion organic waste diversion facility.A facility that is in compliance with the reporting requirements of 14 CCR 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the mixed waste organic collection stream.Individually serviced residence.Single-family houses, each dwelling unit of a duplex, triplex, quadruplex, mobile home park, condominium or other residence facility at which wastes are stored and made available for collection by or at each individual residence unit.Industrial waste.Wastes produced in large quantities from factories, industrial plants, and mining plants.Inspection.A site visit where the city or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article; or, as otherwise defined in 14 CCR Section 18982(a)(35).Large event.An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.Large venue.A permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For the purposes of this section, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this article, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.Light blue container.A container that is part of the city's collection service for generators that are commercial businesses, including multifamily residential dwellings, with a light blue lid and body used only for the purpose of storage and collection of source separated non-organic recyclables. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated non-organic recyclables and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) and Section 18984.1(a)(6)(B) shall be deemed to be light blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.Light blue side.The side of a split blue container that has a light blue lid and is used only for the purpose of storage and collection of source separated non-organic recyclables. Notwithstanding the foregoing, the functional side of a split blue container purchased prior to January 1, 2022 that is used for the storage and collection of non-organic recyclables and that does not comply with the color requirements of 14 CCR Sections 18982(a)(5) and (6)(B) (including a side of a split blue container with a blue lid, instead of a light blue lid, on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables) shall be deemed to be the light blue side of the split blue container.Local education agency.A school district, charter school, or county office of education that is not subject to the control of the city's regulations related to solid waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).Multifamily residential dwelling or multifamily.Of, from, or pertaining to residential premises with five or more dwelling units. In multifamily residential dwellings wastes from individual resident units are commingled in a common container or a group of containers. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.Non-compostable paper.Paper that is coated in a plastic or metal material that will not breakdown in the composting process and other similar materials; or, as otherwise defined in 14 CCR Section 18982(a)(41).Non-organic recyclables.Non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43) that can be placed in a light blue container or the light blue side of a split blue container that is limited to the collection of such materials.Notice of violation.A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.Occupancy.Individually serviced and communally serviced residences, single-family residences, governmental and commercial establishments, commercial businesses, including multifamily residential dwellings, factories and other industrial plants and any other development or premises on a parcel of land.Organic waste.Solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges; or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).Paper products.Paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling and other similar materials; or as otherwise defined in 14 CCR Section 18982(a)(51).Printing and writing paper.Copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications and other similar materials; or as otherwise defined in 14 CCR Section 18982(a)(54).Prohibited container contaminants.Unless otherwise defined in 14 CCR Section 18982(a)(55): (1) discarded materials placed in the light blue container that are not identified as acceptable source separated non-organic recyclable materials for the light blue container; (2) discarded materials placed in the dark blue container that are not identified as acceptable source separated dark blue container organic waste for the dark blue container; (3) discarded materials placed in the light blue side of the split blue container that are not identified as acceptable source separated non-organic recyclable materials for the light blue side of the split blue container; (4) discarded materials placed in the dark blue side of a split blue container that are not identified as acceptable source separated dark blue container organic waste for the dark blue side of the split blue container; (5) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the green container; (6) discarded materials placed in the gray container that are identified as acceptable source separated recyclable materials to be placed in the light blue container, dark blue container or split blue container and source separated green container organic waste to be placed in the green container; and (7) excluded waste placed in any container.Public facility.Buildings, structures and outdoor recreation areas owned by the city and other similar structures and areas.Public works director.Person who holds the director position within the public works department of the city.Putrescible.Wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals.Recovery.Any activity or process described in 14 CCR Section 18983.1(b); or as otherwise defined in 14 CCR Section 18982(a)(49).Recycled-content paper.Paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber; or as otherwise defined in 14 CCR Section 18982(a)(61 ).Recyclable materials.Materials, whether source separated or not, that if source separated would be considered source separated dark blue container organic waste that can be placed in the dark blue container or dark blue side of a split blue container, non-organic recyclables that can be placed in the light blue container or the light blue side of a split blue container or cardboard that can be collected in the city's cardboard collection service.Recycling area or areas for recycling.Space allocated for collecting and loading of source separated recyclable materials and source separated organic waste. Such areas shall have the ability to accommodate the appropriate receptacles for source separated recyclable materials and source separated organic waste. For existing residential buildings or projects between five and nine living units, \"recycling areas or areas for recycling\" may mean, at the discretion of the city's community development and sustainability department, curbside recycling.Regional or county agency enforcement official.Regional agency or county agency enforcement official, which the city may designate with responsibility for enforcing this article in conjunction or consultation with the code compliance administrator.Restroom stall.An enclosure providing privacy to the user of a single toilet in a public restroom.Restricted areas.As designated by the city, these are areas where, in the public works director's opinion, a combination of high density, lack of space for containers or yard waste piles, and street width under thirty feet makes the curbside placing, maintaining and/or collection of solid waste, including cardboard, gray container waste, source separated green container organic waste, source separated dark blue container waste or non-organic recyclables, hazardous to the health and welfare of the residents.Route review.A visual inspection of containers along a hauler route for the purpose of determining container contamination which may include mechanical inspection methods such as the use of cameras; or as otherwise defined in 14 CCR Section 18982(a)(65).SB 1383.Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants.SB 1383 Regulations.The Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.Self-hauler.A person or entity, who, in compliance with all applicable requirements of this article, hauls solid waste, including organic waste or recyclable materials, they have generated themselves to a recycling, processing or disposal facility; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. Back-haul means generating and transporting waste to a destination owned and operated by the generator using the generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-haulers also include gardeners and landscapers who haul material.Single-family or single-family residence.Of, from, or pertaining to any residential premises with fewer than five units.Solid waste.Unless otherwise defined in State Public Resources Code Section 40191, all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.Source separated.Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing of those materials.Source separated dark blue container organic waste.Source separated organic waste that can be placed in a dark blue container or the dark blue side of a split blue container, each of which is limited to the collection of source separated dark blue container organic waste; or as otherwise defined by 14 CCR Sections 17402(a)(26.7) and 18982(a)(43) or specified in 14 CCR Section 18984.1(a) and (b) or Section 18984.2 (a)(2). Unless otherwise specified by the city, source separated dark blue container organic waste includes paper products, printing and writing paper, and cardboard less than two cubic feet when flattened but excludes cardboard in excess of two cubic feet when flattened and source separated green container organic waste.Source separated green container organic waste.Source separated organic waste that can be placed in a green container, including food waste, food-soiled paper, and yard waste, that is limited to the collection of that organic waste; or as otherwise specified in 14 CCR 18984.1(a) and (b), and excludes non-compostable paper, and textiles.Source separated recyclable materials.Source separated non-organic recyclables and source separated dark blue container organic waste.Special waste.Wastes not fitting into the above categories, including, but not limited to, dead animals, abandoned automobiles and major parts thereof, large furniture objects, tree trunks, stumps, sod, garden rubble, dirt, and major limbs exceeding eight inches in diameter.Split blue container.A split container that is part of the city's collection service for single-family generators consistent with 14 CCR Section 18984.1(a)(6)(B) with a light blue lid on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables and dark blue lid on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste. Notwithstanding the foregoing, functional split containers purchased prior to January 1, 2022 that are used for the storage and collection of source separated recyclable materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) and (6)(B) (including containers with a blue lid on the section of the container used only for the purpose of storage and collection of source separated non-organic recyclables and a black lid on the section of the container used only for the purpose of storage and collection of source separated dark blue container organic waste) shall be deemed to be split blue containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.State.The State of California.Supermarket.A full-line, self-service retail store with gross annual sales of two million dollars or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or as otherwise defined in 14 CCR Section 18982(a)(71).Tier one commercial edible food generator.A commercial edible food generator that is one of the following: (1) supermarket; (2) grocery store with a total facility size equal to or greater than ten thousand square feet; (3) food service provider; (4) food distributor; or (5) wholesale food vendor.Tier two commercial edible food generator.A commercial edible food generator that is one of the following: (1) restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet; (2) hotel with an on-site food facility and two hundred or more rooms; (3) health facility with an on-site food facility and one hundred or more beds; (4) large venue; (5) large event; (6) a state agency with a cafeteria with two hundred fifty or more seats or a total cafeteria facility size equal to or greater than five thousand square feet; or (7) a local education agency with an on-site food facility.Yard waste.Trimmings and prunings (maximum branch diameter of eight inches) from trees and shrubs, leaves, grass clippings, weeds, vines, dropped fruit from on-site trees, arising from the development, maintenance and care of residential gardens and yards.Uncontainerized yard waste collection service.A collection service that collects yard waste that is placed in a pile for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).Wholesale food vendor.A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or as otherwise defined in 14 CCR Section 189852(a)(76).", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 1; Ord. 1524 § 1; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021; Ord. 2663, 8/27/2024)" }, { "guid": "44646805", "number": "§ 32.01.020", "title": "Mandatory service.", "text": "(a) In addition to the requirements in Sections 32.01.070 and 32.01.080, respectively, all generators shall subscribe to collection services for gray container waste, source separated green container organic waste, source separated dark blue container organic waste, source separated non-organic recyclables, cardboard collection services provided by the city or the city's contract hauler and comply with the requirements of those services as described in subsection (b) of this section unless the generator obtains a permit or waiver pursuant to subsections (c) through (g) of this section. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and generators shall adjust their service level for their collection services as requested by the city. Nothing in this section prohibits generators from preventing or reducing waste generation, managing organic waste on site, using uncontainerized yard waste collection service pursuant to Section 32.01.090, or using a community composting site pursuant to 14 CCR Section 18984.9(c).(b) Participate in the city's collection services by placing designated materials in designated containers as described in Section 32.01.040 and not placing prohibited container contaminants in collection containers as described in Section 32.01.065.(c) A customer may petition the public works director or designee for permission to share a green container, light blue container, dark blue container, or split blue container, as applicable, with an adjacent property in satisfaction of the requirement to subscribe and participate in the city's collection services as described in subsection (a) of this section.(1) Such permit may be requested by the customer and shall be issued or denied in writing by the public works director or designee, if, in their opinion, such would be in the best interests of the city, and only if the affected customers will continue to source separate all organic waste (including food waste, food-soiled paper, yard waste, and source separated dark blue container organic waste) and non-organic recyclables. Such a permit may include any conditions reasonably related to the protection of the public health and welfare and is revocable by the city at any time.(2) If the city obtains information at any time that a customer that has received permission to share collection service under subsection (c) of this section is no longer sharing service, or has limited or no access to the shared service, or is no longer source separating their recyclable materials and/or organic waste as required, the city shall rescind the permission and direct the city's contract hauler to deliver to the customer their own containers consistent with the city's collection services described in subsection (a) of this section.(d) Self-haul waiver. A customer or generator may petition public works director for permission to self-haul the wastes generated on the customer or generator's premises and thereby be exempted from the mandatory requirement to subscribe and participate in the city's collection services as described in subsection (a) of this section. such a permit may be granted by the public works director or designee, if, in their opinion, such would be in the best interests of the city, and shall be subject to the requirements for self-haulers set forth in subsection (d)(1) of this section. In addition to the requirements for self-haulers set forth in subsection (d)(1) of this section, such a permit may include any conditions reasonably related to the protection of the public health and welfare.(1) Requirements for Self-Haulers. A customer or generator who is a permitted self-hauler shall comply with the following requirements:(A) The self-hauler shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on site in a manner consistent with 14 CCRSection 18984.1 or shall self-haul all recyclable materials and organic waste to a high diversion organic waste processing facility for recovery, as specified in 14 CCR Section 18984.3.(B) Self-haulers shall haul their recyclable materials that have been source separated to a facility that recovers those materials; and haul their organic waste that have been source separated to a solid waste facility, operation, activity, or property that processes or recovers organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.(C) Self-haulers that are commercial businesses, including multifamily residential dwellings, shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city and submitted annually to the city no later than February 1st of each year. The records shall include the following information:(i) Delivery receipts and weight tickets from the entity accepting the waste.(ii) The amount of material in cubic yards or tons transported by the generator to each entity.(iii) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.(D) If the city obtains information at any time that a customer or generator that is a permitted self-haul under subsection (d) of this section is not hauling recyclable materials and/or organic waste as required under subsections (d)(1)(A) and (B) of this section, the city shall rescind the self-haul permit and direct the city's contract hauler to deliver to the customer or generator their own containers consistent with the city's collection services described in subsection (a) of this section.(E) Subsection (d)(1)(C) does not apply to a self-hauler that is a single-family generator.(e) De minimis waiver. The city may, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, waive a commercial business's, including a multifamily residential dwelling's, obligation to comply with some or all of the organic waste requirements of article if the commercial business provides documentation or the city and has evidence demonstrating that:(1) The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container or the dark blue container or dark blue side of the split blue container, as applicable, comprises less than twenty gallons per week per applicable container of the business's total waste.(2) The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container or the dark blue container or dark blue side of the split blue container, comprises less than ten gallons per week per applicable container of the business's total waste.(f) Physical space waiver. The city may waive a commercial business's or property owner's obligation to comply with subsections (a)(1) and/or (a)(2) of this section if the city has evidence from its own staff, contract hauler, licensed architect, or licensed engineer demonstrating that the commercial business lacks adequate space for light blue containers, dark blue containers or green containers.(g) A commercial business that receives a waiver under subsection (e) or (f) of this section must notify the city if circumstances change such that the commercial business no longer satisfies the applicable criteria for a waiver, in which case the waiver will be rescinded.(h) If the city determines at any time that a commercial business that has received a waiver under subsection (e) or (f) of this section no longer satisfies the applicable criteria for a waiver, the city shall rescind the waiver.(i) Customers that have been granted a waiver under subsection (c) or (d) of this section must resubmit an application for a new waiver every year.(j) Commercial businesses that have been granted a waiver under subsection (e) or (f) of this section must resubmit an application for a new waiver every five years.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646829", "number": "§ 32.01.030", "title": "Prohibited acts.", "text": "(a) Solid waste shall not be burned, nor shall solid waste be allowed to accumulate, be buried, dumped, scattered, or placed on any property, including public property within the city, except as otherwise permitted by this Code. Nothing in this section shall prohibit using a community composting site pursuant to 14 CCR Section 18984.9(c) if it is not violative of basic sanitary standards or other applicable standards established by the city, county, state, or other agency having jurisdiction.(b) The city or the city's contract hauler shall have the exclusive right to gather and collect solid waste, including organic waste and recyclable materials, within the city. It shall be unlawful for any person, except as otherwise provided in this chapter, to gather or collect solid waste, including yard waste, organic waste, recyclable materials, within the city. Pursuant to California Public Resources Code Section 40059, the city reserves the right to issue an exclusive franchise for the handling of solid wastes.(c) Notwithstanding any other provisions set forth in this article to the contrary, the exclusive right shall exclude the following, or as otherwise provided in the contract with the city's contract hauler:(1) The collection, transportation, recycling, and disposal of any solid waste otherwise within the scope of this article which is transported to an appropriate disposal facility by a self-hauler permitted pursuant to Section 32.01.020(d).(2) Collection and transportation of yard waste by a landscape maintenance company where such removal is incidental to the services provided by the landscape maintenance company.(3) Collection and transportation of construction and demolition debris where such hauling services are: (A) Provided by the contractor, or a subcontractor, as an incidental part of the overall service being performed by that contractor, and is not a separately contracted or subcontracted hauling service only; and (B) Construction and demolition debris is transported personally by the contractor, or subcontractor, (including their direct hire employees), using the contractor's own equipment, to a recycling, processing or disposal facility.(4) The sale or donation of recyclable materials or organic waste by a generator of those materials to any person or entity other than the city's contract hauler; provided, however, if the generator is required to pay a monetary or non-monetary consideration for the collection, transportation, transfer, or processing of recyclable materials or organic waste, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration, the generator is required to pay) shall not be considered a sale or donation.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021; Ord. 2663, 8/27/2024)" }, { "guid": "44646836", "number": "§ 32.01.040", "title": "Acceptable containers and placement of waste.", "text": "(a) Except for permitted self-haulers, all solid waste shall be placed within acceptable containers or placed for collection consistent with an uncontainerized collection service provided by the city or the city's contract hauler as follows:(1) Single-family generators shall place source separated green container waste, including food waste, food-soiled paper, and yard waste, in the green container; source separated dark blue container waste in the dark blue side of the split blue container; source separated non-organic recyclables in the light blue side of the split blue container; and gray container waste in the gray container.(2) Commercial businesses, including multifamily residential dwellings, shall place source separated green container waste, including food waste, food soiled paper, and yard waste, in the green container; source separated dark blue container waste in the dark blue container; source separated non-organic recyclables in the light blue container; gray container waste in the gray container; and if applicable, cardboard in the container designated for the cardboard collection service.(3) All customers and generators shall flatten corrugated cardboard and place cardboard for collection as follows:(A) Single-family generators shall place corrugated cardboard that is less than two cubic feet when flattened in the dark blue side of the split blue container and shall place corrugated cardboard in excess of two cubic feet when flattened curbside within five feet of the curb for collection consistent with the city's cardboard collection service.(B) Generators that are commercial businesses, including multifamily residential dwellings, shall place corrugated cardboard that is less than two cubic feet when flattened in the dark blue container and shall place corrugated cardboard in excess of two cubic feet when flattened on the ground next to the dark blue container for collection consistent with the city's cardboard collection service.(C) If the commercial business has a container used only for the collection of cardboard consistent with the city's cardboard collection service, the commercial business shall place cardboard in such container, or if, less than two cubic feet when flattened, in the dark blue container and place corrugated cardboard in excess of what can be placed in the cardboard container on the ground next to the dark blue container for collection consistent with the city's cardboard collection service.(D) Commercial businesses, including multifamily residential dwellings, except commercial businesses that are permitted self-haulers for corrugated cardboard, shall designate an area in or near each area where solid waste is collected for the collection in piles or, if applicable, a container designated for the city's cardboard collection service.(4) Yard waste shall be placed in on-street yard waste piles for uncontainerized yard waste collection service or in the green container as provided in Section 32.01.090.(b) Except for permitted self-haulers, only the following containers are acceptable for the deposit of solid waste:(1) City or city's contract hauler supplied and approved \"semiautomated\" or \"automated\" thirty- to one hundred-gallon wheeled carts with flytight lids or city and contract hauler approved alternative sized carts.(2) Bin-type containers, adequate in capacity and structurally designed so as to be compatible with the collection equipment used for waste collection in the city.(3) Special bulk-volume, drop-box or roll-off containers of sanitary design, adequate in capacity and structurally designed so as to be compatible with the collection equipment used for waste collection in the city.(4) Compaction containers, in special circumstances and at the approval of the public works director or designee.(5) All waste containers supplied by the contract hauler shall be and remain the property of the contract hauler.(6) All containers shall meet all applicable requirements of Title 14, Division 3, Chapter 12 of the California Code of Regulations, including all color and labeling requirements of 14 CCR Sections 18984.7 and 189894.8(c) Nothing in this article shall be construed so as to allow the maintenance of less than one receptacle per dwelling unit, except for shared communal waste containers within a multifamily property, housing association, or other shared waste bins allowed by the city, or permitted by Section 32.01.020(c) or Section 32.01.020(d).(d) All containers shall, when filthy, leaking, or in a defective state, be cleaned by the customer and repaired or replaced by the owner of the container in accordance with Article 30.02, Sections 30.02.010 and 30.02.060.(e) Customers shall provide the \"compactor\" containers specified in subsection (b)(4) of this section. The city or its contract hauler shall provide containers for subsections (b)(1), (2) and (3), of this section as a part of the monthly service cost. The city or its contract hauler may provide services to privately owned cubic yard containers meeting the specifications of this section if in good condition, but without price discount. The city or its contract hauler assumes zero liability for any damages to privately owned containers.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1179, Exh. A; Ord. 1519 § 1; Ord. 1524 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646856", "number": "§ 32.01.050", "title": "Placement of containers.", "text": "(a) Individually serviced residences.(1) Acceptable containers for gray container waste, source separated green container waste, source separated dark blue container waste, and source separated non-organic recyclables, as specified in Section 32.01.040 from individually serviced residences shall be placed in the street gutter immediately adjacent to the curb, immediately adjacent to the generator's property, except as provided below, but in no event on the sidewalk.(2) The public works director or designee may provide a permit for carts to be placed on top of the curb for service in areas where such placement would not result in obstructing the sidewalk or failure to meet city accessibility requirements, or creating any other hazard or safety concerns, and when no other placement of the carts is possible without blocking, in whole or in part, the bike lane. Such permit may be requested by the resident or customer and shall be issued or denied in writing. If issued, such permit is revocable by the city at any time.(3) Carts shall have a minimum distance of three feet between them and any other object. Such placement shall occur no earlier than 5:00 p.m. on the day prior to the scheduled collection day, nor later than 6:00 a.m. on collection day. Emptied containers shall be removed from the curb or street, as applicable, by 7:00 a.m. on the day following collection.(4) Containers that are to be collected from other than curbside location shall be placed in an accessible location no more than seventy-five feet from the street.(b) All other occupancies, including commercial businesses. Acceptable containers for gray container waste, source separated green container waste, source separated dark blue container waste, and source separated non-organic recyclables, as specified in Section 32.01.040 from all other occupancies shall be placed such that they are easily accessible for collection in accordance with the contract with the contract hauler, and in conformity with applicable zoning restrictions.(c) Special waste. Special waste shall be placed as individually determined through an agreement between the generator and the contract hauler or other entity hauling the waste.(d) Covers. Containers six yards or smaller in size must remain covered with a lid or other such cover which can keep out water and pests at all times. Covers may be temporarily opened only when placing solid waste in, removing solid waste, or cleaning the containers.(e) Capacity. Containers and bins shall not be filled beyond the point at which covers can be tightly secured.", "history": "(Ord. 1300 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646866", "number": "§ 32.01.060", "title": "Ownership of wastes and recyclables.", "text": "(a) Gray container waste, green container waste shall remain the property of the generator until the material is removed from the container or collected by the city or the city's contract hauler.(b) Yard waste shall remain the property of the generator until the material is collected by the city or the city's contract hauler.(c) Recyclable material, including source separated dark blue container organic waste and source separated non-organic recyclables placed in the dark blue side and light blue side, respectively, of a split blue container used by single-family generators placed at the curb shall become the property of the city or the city's contract hauler at the time of the placement at the curb.(d) Source separated recyclable materials including source separated dark blue container organic waste placed inside of a dark blue container and source separated non-organic recyclables placed inside of a light blue container used by generators that are commercial businesses or multifamily residential dwellings shall become the property of the city or the city's contract hauler at the time they are placed in the container.(e) Cardboard placed in a recycling area (as defined in Section 32.01.010), or stacked for collection as part of the city's cardboard collection service shall become the property of the city or the city's contract hauler at the time of the placement in the recycling area or at the curb.(f) It is unlawful for anyone other than the city's contract hauler or a person designated by the public works director to remove or otherwise interfere with recyclable materials which have been placed at the curb or in commercial containers.(g) Nothing in this article shall limit the right of any person to donate or sell his or her own recyclable materials.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1524 § 3; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2431 § 2, 2014; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646874", "number": "§ 32.01.065", "title": "Customer obligation to source separate materials.", "text": "(a) All customers and generators shall not place prohibited contaminants in containers and shall source separate their solid waste consistent with the following requirements:(1) All customers and generators shall separate source separated dark blue container waste from other solid waste generated on the property and shall not deposit such materials in the gray container, green container, light blue container or light blue side of the split blue container.(2) All customers and generators shall separate source separated non-organic recyclables from other solid waste generated on the property and shall not deposit such materials in the gray container, green container, dark blue container or dark blue side of the split blue container.(3) All customers and generators shall separate source separated green container organic waste from other solid waste generated on the property and shall not deposit source separated green container organic waste in the gray container, the dark blue container, the light blue container or the split blue container.(4) All customers and generators shall separate gray container waste from other solid waste generated on the property and shall not deposit hazardous waste or gray container waste in the green container, the dark blue container, the light blue container or the split blue container.(5) All customers and generators shall separate corrugated cardboard in excess of two cubic feet when flattened from other solid waste generated on the property and shall not deposit cardboard corrugated cardboard in excess of two cubic feet when flattened in the gray container, green container, the dark blue container, the light blue container or the split blue container.(b) Only yard waste shall be placed in on-street yard waste piles for uncontainerized yard waste collection service. Customers and generators shall not deposit hazardous waste or solid waste, other than yard waste, in on-street yard waste piles.(c) Only corrugated cardboard in excess of two cubic feet when flattened shall be stacked in a pile within five feet of the curb for cardboard collection service. Customers and generators shall not deposit hazardous waste or solid waste, other than corrugated cardboard in excess of two cubic feet when flattened, in curbside corrugated cardboard piles.", "history": "(Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646883", "number": "§ 32.01.070", "title": "Waste collection service—Individually serviced residences.", "text": "(a) The frequency of collection service for individually serviced residences shall be once per week.(b) The basic collection service to individually serviced residences shall be the collection of a green container, gray container, and split blue container, each container being a thirty- to one hundred-gallon cart or other size authorized by the city or city's contract hauler.(c) The basic service to individually serviced residences in a restricted area shall be determined by the city on a case-by-case basis.(d) Persons with a disability may request \"assisted service.\" This service shall consist of the retrieval of a gray container, green container and split blue container thirty to one hundred gallons in size, located at an accessible point no greater than seventy-five feet from the curb. The petition for assisted service shall be submitted to and approved by the city manager or designee. Residents may become eligible for assisted service by showing their valid assisted person parking permit or license issued by the State of California. Eligibility for assisted service shall be determined on an annual basis.(e) Individually serviced residences may request an additional gray container from the city's contract hauler. Any additional gray container issued to individually serviced residents may not exceed the size of their regularly subscribed service for the gray container.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 2; Ord. 1477 § 1; Ord. 1519 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2390 § 42, 2012; Ord. 2447 § 2, 2015; Ord. 2562 §§ 5, 6, 2019; Ord. 2614 § 3, 2021)" }, { "guid": "44646889", "number": "§ 32.01.080", "title": "Waste collection services—Commercial businesses and other generators.", "text": "(a) The frequency of waste collection generated by commercial businesses, including multifamily residential dwellings and communally serviced residences shall be:(1) Construction debris waste, special waste and industrial waste shall be collected at such frequency that sanitation, aesthetic, discharge to the city's stormdrain system and nuisance problems do not occur.(2) Food stores and markets, restaurants and other occupancies generating substantial quantities of putrescible waste shall have the same removed at least two times per week, and any such occupancies that are tier one commercial edible food generators or tier two commercial edible food generators shall also comply with applicable requirements of the edible food recovery program pursuant to Section 32.01.170 of this Code.(3) All other occupancies shall have waste removed at least once a week.(4) Notwithstanding subsections (a)(1), (2), and (3), every occupancy shall subscribe to or, if a permitted self-hauler, shall independently provide a waste removal schedule more frequently where necessary to maintain sanitary, nuisance-free, clean and aesthetic conditions on the premises.(5) Except in cases of emergency no collection shall be made on Sunday.(b) Construction waste disposal and recycling services are included in the exclusive franchise rights of the city except as provided for in Section 32.01.030.(c) Commercial businesses, including multifamily residential dwellings, must provide or arrange for collection services consistent with this article for employees, contractors, tenants, and customers and supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below) consistent with the city hauler's collection bins, Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR; or, if self-hauling, per the commercial businesses's requirements to support its compliance with its self-haul program, in accordance with Section 32.01.020, for employees, contractors, tenants, and customers.(d) Commercial businesses, except for multifamily residential dwellings, shall provide containers for the collection of organic waste and recyclable materials in all areas where disposal containers are provided for customers with the exception of disposal containers in restrooms. Notwithstanding the forgoing, commercial business shall provide containers in restrooms for the collection of paper towels if paper towels are provided for use. Such containers shall be adjacent to disposal containers and visible and easily accessible. if a commercial business does not generate any of the materials that would be collected in one type of container, as demonstrated through an approved de minimis waiver per Section 31.01.020, then the commercial business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b) containers provided by the commercial business shall have either:(1) A body or lid that conforms with the container colors provided through the collection service provided by the city's hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with these color requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.(e) Commercial businesses shall prohibit employees from placing materials in a container provided by the city's contract haulers if the container is not designated for those materials.(f) Commercial businesses shall periodically inspect recycling, organics and trash bins for contamination at least on a quarterly basis and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).(g) All commercial businesses, including multifamily residential dwellings must annually provide information to employees, contractors, tenants, and customers about recycling and organics recycling requirements and about proper sorting of organic waste and recyclable materials.(h) Commercial businesses, including multifamily residential dwellings, must provide the information required in subsection (g) of this section to new tenants before or within fourteen days of occupation of the premises.(i) Commercial businesses, including multifamily residential dwellings, must provide or arrange access for the city; the city's designee, including the city's contract hauler; or the city's agent to their properties during all inspections conducted to confirm compliance with the requirements of this Code.(j) All commercial businesses, including multifamily residential dwellings generating two cubic yards or more of total solid waste per week (or other threshold defined by the state), shall require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.(k) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).(l) Generators that are commercial businesses, including multifamily residential dwellings, may receive waivers at the city's discretion pursuant to Section 32.01.020 for some requirements of this section.(m) If a commercial business wants to self-haul, the commercial business shall meet the self-hauler requirements of this Code in Section 32.01.020.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646910", "number": "§ 32.01.090", "title": "Yard waste management.", "text": "(a) Yard waste placed in green containers. Unless authorized by subsection (b), yard waste shall be containerized utilizing the green container as specified in Section 32.01.040 or shall be collected with the city's uncontainerized yard waste collection service pursuant to this section. Inorganic material (rock, dirt, gravel, concrete, etc.) or sod shall not be placed in the street for collection in any manner, including placement in green containers or in yard waste piles for pick up through the uncontainerized yard waste collection service unless a special pick-up has been scheduled with an appropriate receptacle designated by the city's contract hauler for an additional charge.(b) Yard waste piles authorized to be placed in the street.(1) As authorized by this section, certain yard waste, as described in paragraph (2) of this subsection, may be placed or maintained in piles in the street immediately adjacent to the property from which they originated, for collection by the city or the city's contract hauler. Such piles shall not exceed five feet in width or five feet in height or five feet in length, the same to be so placed and maintained as not to restrict reasonable gutter drainage.(2) If the green containers are full, only leaves and tree and shrub prunings (maximum branch diameter of eight inches) may be placed in yard waste piles. All other yard waste, including, but not limited to, grass clippings, weeds, vines, and dropped fruit from on-site fruit trees, shall be containerized utilizing the acceptable green container as specified in subsection (a) above and Section 32.01.040 and shall not be placed in yard waste piles.(3) Yard waste piles shall be placed on the street for pick-up no later than 6:00 a.m. on a scheduled collection day.(4) No yard waste piles shall be placed or maintained in any part of a bicycle lane.(5) No yard waste piles shall be placed or maintained in such a way as to obstruct traffic or restrict reasonable access to a fire alarm box, fire hydrant, standpipe, alley, driveway, public sidewalk, curb cut for accessibility access, stormdrain inlet, or any other public facility.(6) Yard waste piles shall not be placed on street undulations, traffic-calming bulb-outs or near obstructions on the street that restrict the city or the city contract hauler's equipment from collecting yard waste piles.(7) No person shall park or let stand any vehicle or any other item on the street that blocks the city or the city contract hauler's equipment from collecting yard waste piles.(8) Due to the width of the street and/or bike lanes, there are some streets and areas where it is not possible to place yard waste piles as required in subsection (b) above as they will obstruct the bike lane or traffic lane. On these streets and in these areas, as well as other areas designated by the city as not having yard waste pile service, also denoted as \"restricted areas,\" yard waste shall be containerized at all times and shall not be placed in the street for pick-up. These streets and areas include, but are not limited to:(A) East 8th Street from B Street to J Street;(B) 5th Street from A Street to L Street;(C) B Street from East 8th Street to East 14th Street;(D) Downtown Core area, defined as the area bounded by 5th Street, the south side of 1st Street, the west side of B Street and the Union Pacific railroad tracks; and(E) The development known as \"The Cannery\" that is bordered by East Covell Boulevard. to the south, F Street to the west and is located west of Pole Line Road.(c) Uncontainerized yard waste collection service schedule. Effective September 30, 2019, the following uncontainerized yard waste collection service schedule applies:(1) Fall and Winter Collection Service. Yard waste piles may be placed in the street for ten scheduled street pick-ups, which shall occur every other week, beginning the week of the third Monday in October. During this time, yard waste piles shall not be placed in the street sooner than seven days before a scheduled collection.(2) Spring Collection Service. Yard waste piles may be placed in the street for one scheduled street pick-up, which shall occur the week of the first Monday in May. During this time, yard waste piles shall not be placed in the street sooner than seven days before the scheduled collection.(3) Special Pick-Up Service. If a special pick-up of yard waste has been scheduled with the city or its contract hauler, yard waste piles may be placed in the street no sooner than seven days before the special pick-up.(4) Change in Schedule. The city manager and the city's contract hauler may make minor modifications to the collection schedule by mutual agreement, provided that at least ten pickups occur between October and January and one pickup occurs in May, and provided that customers receive at least thirty days' prior written notice of the change.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 3; Ord. 1524 §§ 4, 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2, 2015; Ord. 2562 § 7, 2019; Ord. 2614 § 3, 2021)" }, { "guid": "44646931", "number": "§ 32.01.120", "title": "Fees and related regulations for waste management services.", "text": "Fees and related regulations for waste management services shall be established and may be amended from time to time, by resolution of the city council.", "history": "(Ord. 955 § 2; Ord. 967 § 1; Ord. 1055 § 1; Ord. 1091 § l; Ord. 1179, Exh. A; Ord. 1300 § 1; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2614 § 3, 2021)" }, { "guid": "44646932", "number": "§ 32.01.125", "title": "Enforcement.", "text": "(a) General.(1) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a code compliance administrator. Enforcement actions under this article include a citation for an infraction and imposition of a fine pursuant to subsection (a)(2) of this section, or issuance of an administrative citation and assessment of a fine pursuant to Chapter 1, Article 1.02 of this Code pursuant to subsection (a)(3) of this section.(2) Any person violating any section of this article who fails to correct the violation within sixty days of issuance of a notice of violation, shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished by a fine as follows: The first violation shall be subject to a fine in the amount of one hundred dollars. The second violation within a six-month period shall be subject to a fine of two hundred dollars, and five hundred dollars for the third and subsequent violations occurring within a one-year period.(3) In addition to any other remedies or penalties available, the city may enforce the terms of this article through the administrative citation procedures provided in Article 1.02 of this Code, provided the time to correct a violation under this article specified in the notice of violation shall be sixty days.(4) The remedies provided herein shall be in addition to all other remedies authorized by law and the enumeration of certain remedies in this article shall not preclude the application of any other remedies not herein enumerated.(b) Responsible entity for enforcement.(1) Enforcement pursuant to this article may be undertaken by the code compliance administrator.(2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with code compliance administrator.(A) Code compliance administrator(s) (and regional or county agency enforcement official, if applicable) will interpret this article; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.(B) The code compliance administrator(s) (and regional or county agency enforcement official, if applicable) may issue notices of violation(s).(3) The code compliance administrator(s) (and regional or county agency enforcement official, if using) and/or their designee will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 32.01.190 establishes city's right to conduct inspections and investigations.(c) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;(2) Delays in obtaining discretionary permits or other government agency approvals; or(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city are under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.(d) Appeals process. Administrative citations or fines imposed under this article may be appealed pursuant to Title 1, Article 1.02.", "history": "(Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646949", "number": "§ 32.01.130", "title": "Commencement of liability for charges for new buildings.", "text": "(a) Single-family residence. Liability for charges under this article shall commence with respect to new single-family residences upon occupancy or issuance of a temporary occupancy permit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be monthly in advance.(b) Multiple buildings including duplexes. Liability for charges under this article shall commence with respect to new multiple buildings upon occupancy of any unit or issuance of a temporary occupancy permit for any unit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be monthly in advance.(c) Commercial businesses. Liabilities for charges under this article shall commence with respect to new commercial businesses upon occupancy or upon the issuance of a permit for temporary occupancy of any unit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be monthly in advance.(d) A credit shall be allowed against subsequent billings where the city manager has permitted the customer to collect and haul away their own wastes in accordance with Section 32.01.020(d).(e) For commercial businesses and commercial, industry and communally serviced residences, services and charges therefore shall begin at the ordering of waste collection service, or upon the issuance of a permit for temporary occupancy by the city building official, whichever first occurs. The amount of waste collection service ordered may be changed monthly as necessary to reflect the need for such service.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1055. § 3, 4; Ord. 1519 § 3; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)" }, { "guid": "44646955", "number": "§ 32.01.140", "title": "Billing procedure.", "text": "(a) For all single-family dwellings, duplexes, multifamily units, mobile homes and other residential parcels, billing shall be made by the city to the owner of the parcel as on the recorded deed.(b) For all commercial businesses billing shall be mailed to the person specified by the owner of the parcel, and if not specified, then to the owner of the parcel.(c) In all cases not specifically provided for above, or where the billing procedure specified above proves impractical or inconvenient, as determined by the finance director, the billing by the city shall be to the person responsible for the payment of the bill, as elsewhere specified in this chapter.(d) For bulk waste and special waste collection service, the fees as prescribed in Section 32.01.120 shall be billed by the city or its designee to the person ordering such waste collection service.", "history": "(Ord. 955 § 2; Ord. 967 § 2; Ord. 1055 §§ 3, 4; Ord. 1519 §§ 3, 4; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2614 § 3, 2021)" }, { "guid": "44646960", "number": "§ 32.01.150", "title": "Refunds.", "text": "When any refund becomes due and owing by virtue of action of the city council or by virtue of any error made in ascertaining the charge applicable to any customer, the city's finance director is authorized to make such refund and to expend such public money from the specific fund established for the deposit of sanitation service and use charges.", "history": "(Ord. 1055 § 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2614 § 3, 2021)" }, { "guid": "44646961", "number": "§ 32.01.160", "title": "Remedies of city, penalties, etc., concerning collection of charges.", "text": "(a) The remedies provided herein shall be in addition to all other remedies authorized by law and the enumeration of certain remedies shall not preclude the application of any other remedies not herein enumerated.(b) The charge imposed by this article shall be a civil debt owing to the city from the person responsible for its payment, and the city may institute action in any court of competent jurisdiction to collect such debt, together with applicable penalties, interest, costs and other expenses.(c) All bills shall become due and payable on the 28th day of each calendar month and shall become delinquent thereafter, if not paid.(d) The basic penalty for nonpayment of the charges within the time and in the manner prescribed herein shall be ten percent.(e) The city shall include a statement on its bill to each property owner in substantially the following form:(1) \"Charges for sanitation services and facilities shall constitute a lien against the lot or parcel of land against which the charge is imposed if said charges remain delinquent for 60 days.\"(f) Pursuant to such notice, such charges shall become a lien against the lot or parcel of land against which the charges were imposed if such charges remain delinquent for a period of sixty days. The city shall cause to be recorded with the county recorder all such delinquent charges, and when so recorded such charges shall have the force, effect and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged.", "history": "(Ord. 1055 § 5; Ord. 1519 § 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2560 § 2, 2019; Ord. 2614 § 3, 2021)" }, { "guid": "44646969", "number": "§ 32.01.170", "title": "Edible food recovery program.", "text": "(a) Tier one commercial edible food generators must comply with the requirements of this section, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.(c) Commercial edible food generators shall comply with the following requirements:(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.(2) Contract with or enter into a written agreement with food recovery organization(s) or food recovery service(s) for the collection of edible food for food recovery or acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.(4) Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).(C) A record of the following information for each of those food recovery services or food recovery organizations:(i) The name, address and contact information of the food recovery service or food recovery organization.(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.(iii) The established frequency that food will be collected or self-hauled.(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.(d) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).(e) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.(3) The quantity in pounds of edible food transported to each food recovery organization per month.(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.(f) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.(2) The quantity in pounds of edible food received from each commercial edible food generator per month.(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.(g) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more tier one or tier two commercial edible food generators shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than February 15.(h) Food recovery capacity planning. Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the city.", "history": "(Ord. 2614 § 3, 2021)" }, { "guid": "44646997", "number": "§ 32.01.180", "title": "Requirements for haulers and facility operators.", "text": "(a) The city's contract hauler and any other permitted or licensed haulers providing residential, commercial, or industrial recycling and/or organic waste collection services to generators within the city's boundaries shall meet the requirements of 14 CCR Division 7, Chapter 12 and the following requirements and standards as conditions of approval of a contract, agreement, or other authorization with the city to collect organic waste:(1) Through written notice to the city annually on or before February 15, identify the facilities to which they will transport recyclable materials and organic waste.(2) Comply with the applicable requirements of 14 CCR, Division 7 Chapter 12, Article 3.(3) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.(4) Obtain approval from the city to haul organic waste pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.(b) Subsection (a) of this section is not applicable to a hauler that is transporting organic waste, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the California Public Resources Code, to a community composting site.(c) Requirements for facility operators and community composting operations:(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about through-put and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.(2) Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.", "history": "(Ord. 2614 § 3, 2021)" }, { "guid": "44647007", "number": "§ 32.01.190", "title": "Inspections and investigations by the city.", "text": "(a) City representatives and/or designee, including the city's contract hauler, are authorized to conduct inspections, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this article by generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws of this article. This section does not allow city to enter the interior of a private residential property for inspection.(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this article and may result in penalties described.(c) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.(d) City representatives, and/or its designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.", "history": "(Ord. 2614 § 3, 2021)" }, { "guid": "44647013", "number": "§ 32.01.200", "title": "Model Water Efficient Landscaping Ordinance (MWELO) requirements.", "text": "In addition to any other requirements in this Code, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, as amended September 15, 2015, including sections related to use of compost and mulch.", "history": "(Ord. 2614 § 3, 2021)" }, { "guid": "44647014", "number": "§ 32.01.210", "title": "Procurement.", "text": "Direct service providers to the city and all vendors providing paper products and printing and writing papers must comply with the city's policy regarding recovered organic waste product procurement, including recycled-content paper procurement.", "history": "(Ord. 2614 § 3, 2021)" } ] }, { "guid": "44647015", "title": "REDEMPTION VALUE: WINE AND SPIRIT COOLER CONTAINERS", "number": "32.02", "url": "https://ecode360.com/44647015", "sha256": "005f1cf004111d94839c10782721f45ffa7b55266a0463cbb191cc37332b2e2e", "exportedArticleSha256": "bb4f2525b1bc631f4c3ea08d7b0ae5e1f9e1d425b7311b7c006952f240b7209b", "sections": [ { "guid": "44647016", "number": "§ 32.02.010", "title": "Definitions.", "text": "For the purpose of this article, the following terms shall be defined as follows:Citymeans all that territory within the corporate limits of the City of Davis, State of California.City managermeans the city manager of Davis or designee.Consumermeans every person who, for his or her use or consumption, purchases wine cooler or spirit cooler in a container from a dealer in the city.Containermeans any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine cooler or spirit cooler. \"Container\" does not include cups or other similar open or loosely sealed receptacles.Dealermeans any person who engages in the sale to a consumer of wine cooler or spirit cooler in a container or containers in the city.Emptyas used herein to describe a container, means a container which is all of the following:(1) Has the original seal or closure broken or removed;(2) Does not contain foreign materials other than the residue of wine cooler or spirit cooler originally packaged in the container;(3) Bears the refund value marking pursuant to Section 32.02.020(c) herein; and(4) Is not broken, crushed, or dismembered.Distributormeans any person who engages in the sale of wine cooler or spirit cooler in a container or containers to a dealer in the city. \"Distributor\" includes any person who imports or otherwise transports wine cooler or spirit cooler in containers from outside the city for sale to a dealer in the city.Personmeans any individual person or group of individual persons, or partnership, association, corporation or any other entity of any type whatsoever.Place of businessas used herein with respect to a dealer, means the location at which a dealer sells, or offers for sale, wine cooler or spirit cooler in a container or containers. \"Place of business\" as used herein with respect to a distributor, means any location from which said distributor directly transports wine cooler or spirit cooler in containers to any dealer, if said location is within the State of California.Sale (or sold or sell)means any commercial transaction (other than by vending machine) by any dealer in which wine cooler or spirit cooler in a container or containers is transferred to a consumer for a monetary consideration for the purpose of off-premises consumption, or any commercial transaction by which a distributor transfers wine cooler or spirit cooler in a container or containers to a dealer for a monetary consideration for the purpose of sale by the dealer for off-premises consumption.Spirit coolermeans a liquid intended for human consumption containing distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than eight percent alcohol by volume.Vending machinemeans any mechanical device which, upon insertion of coins, sells or dispenses wine cooler or spirit cooler in containers.Wine coolermeans a liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring material and containing not more than seven percent alcohol by volume.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647034", "number": "§ 32.02.020", "title": "Distribution requirements.", "text": "(a) Every wine cooler or spirit cooler container sold or offered for sale by a distributor to a dealer for sale by the dealer within the city shall have a refund value of not less than five cents for redemption by a dealer from the distributor.(b) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes from a distributor unless the distributor charges and the dealer agrees to pay a refund value of not less than five cents.(c) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall clearly indicate by embossing or by a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value.(d) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates the message required by subsection (c) of this section.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647039", "number": "§ 32.02.030", "title": "Retail requirements.", "text": "(a) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall have a refund value of not less than five cents for redemption by a consumer from the dealer.(b) It shall be unlawful for a dealer to sell or offer to sell a wine cooler or spirit cooler container within the city unless the dealer charges a refund value of not less than five cents.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647042", "number": "§ 32.02.040", "title": "Distributor redemption requirements.", "text": "(a) It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 32.02.020(c), of the kind, size and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of not less than five cents.(b) It shall be unlawful for a distributor to refuse to accept from a consumer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 32.02.020(c) herein, of the kind, size and brand sold by the distributor when the container has been delivered by the consumer to the distributor's place of business, or to refuse to pay to the consumer for such container a refund value of not less than five cents.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647045", "number": "§ 32.02.050", "title": "Retail redemption requirements.", "text": "It shall be unlawful for a dealer who sells wine cooler or spirit cooler in containers to refuse to redeem a wine cooler or spirit cooler container from a consumer or refuse to pay a refund value for the container of not less than five cents to the consumer, when the request for redemption is made at the dealer's place of business within the city and the container is embossed, stamped or labeled with, or by other method indicates a message that the container has a refund value, unless either:(a) The container is not empty; or(b) The container contained a brand or type of wine cooler or spirit cooler which the dealer is not offering for sale at the time redemption is requested and has not offered for sale for a period of at least ninety days.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647048", "number": "§ 32.02.060", "title": "Inspection authority.", "text": "The city manager or the manager's designee is authorized to enter the business premises during business hours of any dealer engaged in the sale of wine cooler or spirit cooler in containers in the city for the sole purpose of inspecting said premises and determining whether the dealer is in compliance with this article.", "history": "(Ord. 1441 § 1)" }, { "guid": "44647049", "number": "§ 32.02.070", "title": "Violation and fine.", "text": "Any dealer or distributor found in violation of any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars. For purposes of this article, each day of a continuing violation shall constitute a separate offense.", "history": "(Ord. 1441 § 1)" } ] }, { "guid": "44647050", "title": "ADEQUATE AREAS FOR COLLECTING RECYCLABLE MATERIALS AND ORGANIC WASTE", "number": "32.03", "url": "https://ecode360.com/44647050", "sha256": "12530e4cf5749086940eddfa9fcc594185359926693f9d04bd9c59cef6767fe1", "exportedArticleSha256": "a74ce1652d281c184f12cd101b964adbc1f0437911f5b5f79ddb99b0962fe0b3", "sections": [ { "guid": "44647051", "number": "§ 32.03.010", "title": "Definitions.", "text": "For purposes of this article, the definitions in Article 32.01 apply and in addition the following terms shall be defined as follows:Development project.Any of the following:(1) A project for which a building permit is required for a commercial, industrial or institutional building, public facility, or residential building having five or more living units, where solid waste is collected and loaded, and any residential project where solid waste is collected and loaded in a location serving five or more living units.(2) The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts, there is an area where solid waste is collected and loaded in a communal location. In such instances, recycling areas as specified in this article are only required to serve the needs of the living units which utilize the solid waste collection and loading area.Improvements.An addition made to property or to a facility which adds value to the property or facility, prolongs its useful life, or adapts it to new use. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.", "history": "(Ord. 1765 § 1; Ord. 2562 § 2, 2019; Ord. 2614 § 4, 2021)" }, { "guid": "44647056", "number": "§ 32.03.020", "title": "General requirements.", "text": "(a) Any new development project for which an application for a building permit is submitted shall include adequate, accessible, and convenient areas that provide access for collecting and loading materials in all areas where disposal containers are provided.(b) Any existing development project for which an application for a building permit is submitted for an improvement as defined in Section 32.03.010 or modifications that add thirty percent or more to the existing floor area shall include adequate, accessible and convenient areas for collecting and loading recyclable materials and organic waste materials in all areas where disposal containers are provided.", "history": "(Ord. 1765 § 1; Ord. 2614 § 4, 2021)" }, { "guid": "44647059", "number": "§ 32.03.030", "title": "Guidelines for all development projects.", "text": "(a) The location, size, and design of the waste collection areas shall be subject to the review and approval of the community development and sustainability department in consultation with the fire department and the public works department.(b) Areas for recycling and organic waste shall be adequate in capacity, number, and distribution to serve the development where the project occurs and collect all the recyclable materials and organic waste generated onsite.(c) Dimensions of the recycling areas shall accommodate receptacles sufficient to meet the recycling and organic waste collection needs of the development project.(d) An adequate number of bins or containers to allow for the collection and loading of recyclable materials and organic waste generated by the development should be located within or adjacent to each of the waste collection of development projects.(e) Any recycling areas and organic waste areas shall be located so they are at least as accessible and convenient as the locations where trash is collected and loaded.(f) Recycling areas and organic waste areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation in accordance with city standards and shall comply with all applicable federal, state or local laws.(g) Recycling areas or organic waste areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.(h) The city recommends, but does not require, that applicants consider security to prevent the theft of recycling materials by unauthorized persons, while allowing authorized persons access for disposal of materials.", "history": "(Ord. 1765 § 1; Ord. 2614 § 4, 2021)" }, { "guid": "44647068", "number": "§ 32.03.040", "title": "Additional guidelines for multifamily development projects.", "text": "(a) Multifamily complexes must site at minimum two recycling carts and one organic waste receptacle within, or next to, each trash enclosure.(b) Any project which proposes to site fewer than three carts per enclosure shall submit written explanation as to the basis for requesting an exemption. The community development and sustainability department in consultation with the public works department shall make the determination of whether or not the exemption should be granted.", "history": "(Ord. 1765 § 1; Ord. 2562 § 3, 2019; Ord. 2614 § 4, 2021)" }, { "guid": "44647071", "number": "§ 32.03.050", "title": "CalGreen requirements.", "text": "In addition to any other requirements of this chapter, the following requirements also apply:(a) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city's permit approval, comply with the following:(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of dark blue container, light blue container, split blue container, and green container materials, consistent with the collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.(2) Where new commercial construction or additions will result in more than thirty percent of the floor area, provide readily accessible areas identified for the storage and collection of dark blue container, light blue container, split blue container, and green container materials, consistent with the collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.(b) For organic waste commingled with construction and demolition debris, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.", "history": "(Ord. 1765 § 1; Ord. 2562 § 4, 2019; Ord. 2614 § 4, 2021)" }, { "guid": "44647076", "number": "§ 32.03.060", "title": "Enforcement.", "text": "Enforcement of this article shall by pursuant to Section 32.01.125 of this Code.", "history": "(Ord. 2614 § 4, 2021)" } ] }, { "guid": "44647077", "title": "DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS", "number": "32.04", "url": "https://ecode360.com/44647077", "sha256": "b1c1c2c2811d8012e242c906023fa48acbe0de8e7d0297bb1e473115827bc69a", "exportedArticleSha256": "b732143c11dc73577235ea9a45dcb1051929577f459700cc2548c9f40dd1e69e", "sections": [ { "guid": "44647078", "number": "§ 32.04.010", "title": "Short title.", "text": "This article shall be known as the \"Diversion of Construction and Demolition Debris Ordinance of the City of Davis.\"", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647079", "number": "§ 32.04.020", "title": "Definitions.", "text": "For the purpose of this article the following terms shall have the meanings given in this section:Applicantmeans any individual, firm, limited liability company, association, partnership, political subdivision, industry, public or private corporation, or any other entity whatsoever who applies to the city for applicable permits to undertake any construction, demolition, or renovation project within the city.Contract hauler.The entity under contract with the city to collect and haul solid waste in the city.Contractormeans any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as a contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures within the city.Constructionmeans the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.Construction and demolition debrisincludes:(1) Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, metals, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and/or lumber, generated as part of a construction, demolition or renovation project; of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project;(2) Clean cardboard, paper, plastic, wood, and metal scraps resulting from any construction or demolition project;(3) Other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.Demolitionmeans the decimating, razing, tearing down or wrecking of any facility structure, pavement or building, whether in whole or in part, whether interior or exterior.Divertible materialsincludes:(1) Masonry building materials generally used in construction including, but not limited to, asphalt, concrete, rock, stone, and brick;(2) Wood materials including any and all dimensional lumber, fencing or construction material. Some wood materials that are chemically treated or contaminated may not be divertible;(3) Vegetative materials include trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;(4) Metals including all metal scrap, but not limited to, pipes, siding, window frames, door frames and fences;(5) Roofing materials including wooden, asphalt, stone and/or slate based roofing material.Divertmeans to use material for any purpose other than disposal in a landfill such as re-use or recycling.Projectmeans any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the city.Project sitemeans a lot or parcel where demolition, construction, addition, or alteration is proposed. In the case of a residential subdivision under construction, \"project site\" means the parcels proposed for development in a particular phase by a homebuilder.Recyclingmeans the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to use in the form of raw material for new, reused, or reconstituted products which meet the applicable quality standards.Renovationmeans any change, addition, or modifications to an existing structure for which a permit is required.Re-usemeans further or repeated use of construction or demolition debris.Self haulmeans a project where an applicant has been granted, by the public works director or designee, the authority to gather or collect garbage, yard refuse, organic refuse, recyclables or other solid waste debris from the construction or demolition of a project requiring a building or demolition permit within the city.Self-hauler.A person or entity, who, in compliance with all applicable requirements of this article, hauls solid waste, including organic waste or recyclable materials, they have generated themselves to a recycling, processing or disposal facility; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person or entity who back-hauls waste. Back-haul means generating and transporting waste to a destination owned and operated by the generator using the generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-haulers also include gardeners and landscapers who haul material.Waste reduction and recycling planmeans a completed form submitted before the issuance of a building and/or demolition permit, approved by the public works director or designee, for the purpose of compliance with this article. Forms shall be obtained from the city.Waste reduction and recycling reportmeans a completed city-provided form submitted after demolition or construction, as a precedent to final inspection and issuance of any certificate of occupancy, approved by the public works director or designee, for the purpose of compliance with this article.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020; Ord. 2663, 8/27/2024)" }, { "guid": "44647104", "number": "§ 32.04.030", "title": "Applicability.", "text": "This article applies to all projects requiring a building permit unless the project is otherwise exempt pursuant to Section 32.04.040.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647105", "number": "§ 32.04.040", "title": "Exemptions.", "text": "The following projects are exempt from the requirements of this article:(a) Emergency work (demolition, construction, addition, or alteration performed in conjunction with an emergency or a building/structure deemed substandard by the California Building Code through the chief building official).(b) A project contaminated by hazardous substances or waste as defined by state or federal law.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647108", "number": "§ 32.04.050", "title": "Exclusive franchise.", "text": "Construction and demolition debris disposal and recycling are included in the exclusive franchise rights of the city except as provided for in Section 32.01.030(c).", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020; Ord. 2663, 8/27/2024)" }, { "guid": "44647109", "number": "§ 32.04.060", "title": "Diversion requirements.", "text": "(a) Sixty-five percent of construction and demolition debris—not including rocks, soils, tree remains, trees, and other vegetative matter—generated from applicable construction, remodeling, or demolition projects shall be diverted from disposal to landfills through recycling, reuse and diversion programs.(b) One hundred percent of rock, soil, tree remains, tree, and other vegetative matter debris shall be diverted from disposal to landfills through recycling, composting, reuse and/or other diversion programs.(c) Separate calculations, plans and reports detailing the diversion requirements are required for the construction portion and demolition portion of projects.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647113", "number": "§ 32.04.070", "title": "Waste reduction and recycling plan required before issuance of building or demolition permit.", "text": "(a) Submittal of waste reduction and recycling plan. Every applicant shall submit a completed waste reduction and recycling plan as part of the building permit application submission. A single plan may be used for multiple building permits where construction activity is occurring concurrently by the same applicant. Separate waste reduction and recycling plans must be submitted for each batch of building permits requested.(b) Approval of waste reduction and recycling plan. Notwithstanding any other provisions of this article, no building or demolition permit shall be issued for any project as required by Section 32.04.030 unless and until the public works director or designee has approved the waste reduction and recycling plan.(c) Denial of waste reduction and recycling plan. If the public works director or designee determines that the waste reduction and recycling plan is incomplete he or she shall return it to the applicant. The applicant must then submit additional information before the waste reduction and recycling plan can be reviewed and the building or demolition permit issued.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647117", "number": "§ 32.04.080", "title": "Compliance with diversion requirements.", "text": "(a) Inspection authority. During demolition or construction, city may inspect project sites to determine compliance with the waste reduction and recycling plan.(b) Proof of diversion. After the waste reduction and recycling plan is approved and the building permit is issued, applicants will be required to submit proof of compliance before final inspection. Proof of compliance to be submitted with end of project reports includes:(1) Submittal of a completed city-provided waste reduction and recycling report form.(2) Receipts from the vendor or facility which collected or received each material showing the actual weight of that material (recyclables and solid waste). Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified.(3) Weight slips/count of material salvaged or re-used in current project. Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amount of material for each project must be clearly identified.(4) Any additional information needed to support a good faith effort determination.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647124", "number": "§ 32.04.090", "title": "Determination of compliance.", "text": "For all projects the public works director or designee shall review the end of project waste reduction and recycling report and determine whether the applicant has complied with the diversion requirements. The public works director or designee shall then make one of the following determinations:(a) Full compliance. If the public works director or designee determines that the diversion requirement has been achieved, he or she will notify the applicant and the community development and sustainability department that a determination of full compliance has been issued.(b) Good faith effort to comply. If the public works director or designee determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this article. In making this determination, the public works director or designee shall consider the availability of markets for the construction debris, the size of the project, and the documented efforts of the applicant to divert construction debris. The applicant and the community development and sustainability department will be notified if \"good faith effort to comply\" has been issued.(c) Noncompliance. If the public works director or designee determines that the applicant has not met the diversion requirements and has not made a good faith effort to comply, the applicant will receive a \"noncompliance\" determination and the community development and sustainability department will be notified. A one thousand dollar penalty for noncompliance may be assessed by the public works utilities and operations department. The applicant has a right to an appeal to protest the validity of the penalty. The applicant must file a notice of appeal with the public works utilities and operations department within ten days of the receipt of the penalty. The public works utilities and operations department shall fix a place for hearing such appeal, the time of which shall be within thirty days of receipt of the notice of appeal, and the public works utilities and operations department shall give notice in writing to applicant of the time and place of the hearing by serving such notice personally or by mail addressed to applicant at his or her last known address. The public works utilities and operations department shall have authority to determine finally all questions raised on such appeal. No such determination shall conflict with any substantive provision of this article. Failure to appeal the penalty within the time prescribed shall cause such penalty to be final and conclusive.", "history": "(Ord. 2299 § 1, 2007; Ord. 2390 § 43, 2012; Ord. 2590 § 2, 2020)" }, { "guid": "44647128", "number": "§ 32.04.100", "title": "Option to revise.", "text": "The city will periodically evaluate this diversion of construction and demolition debris article to determine its effectiveness in reducing the amount of construction and demolition debris landfilled. If the city determines that additional construction and demolition debris can reasonably be diverted beyond that which is required herein, the city may amend these provisions and implement additional measures to divert more materials.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647129", "number": "§ 32.04.110", "title": "Recycling encouraged.", "text": "Nothing in this article shall limit the right of an individual or applicant to donate, sell or otherwise dispose of recyclables, provided that such disposal is in accordance with provisions of this article.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" }, { "guid": "44647130", "number": "§ 32.04.120", "title": "Rules and regulations.", "text": "The public works director is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this article. All such rules and regulations shall be consistent with the provisions of this article.", "history": "(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)" } ] }, { "guid": "44647131", "title": "DISPOSABLE BAG REDUCTION PROGRAM", "number": "32.05", "url": "https://ecode360.com/44647131", "sha256": "513adbf647c5d93ec0658452cf97839aea96f9f70d67c26d67e7bbfb22b82269", "exportedArticleSha256": "4ec2d667b5002bbc9325e2295ac958f0073b432ebfed0914d8d88ad792abe6e8", "sections": [ { "guid": "44647132", "number": "§ 32.05.010", "title": "Definitions.", "text": "For purposes of this article, the following definitions shall apply:Applicable businessmeans any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of Davis. Retail establishment does not include nonprofit charitable reuse organizations but includes restaurants, take-out food establishments, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.City facilitymeans a park, building or other facility located on city property or operated by the city.Nonprofit charitable reuse organizationmeans a charitable organization as defined in Section 501c3 of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials.Paper bag cost pass-throughmeans the cost which must be collected by an applicable business from their customers when providing a recycled paper bag.Perishable foodmeans frozen foods, refrigerated foods, breads, and fresh produce. Perishable food does not include items found in vending machines.Postconsumer materialmeans a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product lifecycle. Postconsumer material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.Recycled paper bagmeans a paper carryout bag provided by an applicable business to a customer at the point of sale that meets all of the following applicable requirements:(1) Except as otherwise provided in this section, the paper carryout bag contains a minimum of forty percent postconsumer materials.(2) An eight pound-rated or smaller recycled paper bag shall contain a minimum of twenty percent postconsumer material.(3) The paper carryout bag is accepted for curbside recycling in the City of Davis.(4) The paper carryout bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400, as published in September 2004.(5) Printed on the paper carryout bag is the percentage of postconsumer material content.Reusable bagmeans a bag with handles that is specifically designed and manufactured for multiple reuses and meets all of the following requirements:(1) Is machine washable or easily cleaned or disinfected.(2) Does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable state and federal standards and regulations for packaging or reusable bags.(3) If made of plastic, is a minimum of at least 2.25 mils (thousandths of an inch) thick.(4) Has a minimum lifetime of one hundred twenty-five uses, which for purposes of this subdivision, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet.Single-use carryout bagmeans a bag other than a reusable bag provided at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of an applicable business.Single-use carryout bags do not include:(1)Bags used to:(A)Package loose bulk items, such as fruit, vegetables, nuts, grains, candy, cookies, or small hardware items;(B)Contain or wrap frozen foods, meat, or fish, whether prepackaged or not;(C)Contain or wrap flowers, potted plants, or other items where damage to or contamination of other goods placed together in the same bag may be a problem (includes paper bags to protect bottles, newspaper bags, laundry dry-cleaning bags, plastic bags around ice cream or other wet items, and small paper bags for greeting cards); or(D)Contain unwrapped prepared goods or bakery goods.(2)Bags provided by pharmacists to contain prescription drugs.(3)Newspaper bags, door-hanger bags, or laundry-dry cleaning bags.Single-use plastic carryout bagmeans any bag that is less than 2.25 mils (thousandths of an inch) thick and is made predominately of plastic derived from petroleum or from bio-based sources, such as corn or other plant sources, that is provided by an applicable business or at a city facility to a customer at the point of sale and that is not a reusable bag.", "history": "(Ord. 2422 § 2, 2013)" }, { "guid": "44647160", "number": "§ 32.05.020", "title": "Carryout bag regulation.", "text": "(a) On and after July 1, 2014 an applicable business shall not provide a single-use carryout bag to a customer at the point of sale, except as provided in Sections 32.05.03 or 32.05.04.(b) An applicable business may make reusable bags available for purchase by a customer and shall charge no less than ten cents for reusable bags.(c) On and after July 1, 2014, an applicable business may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program.(d) No person shall distribute a single-use plastic carryout bag at a city sponsored, organized or permitted event at any city facility unless otherwise permitted in this article or approved by the public works director or designee.(e) Nothing in this article shall prohibit stores from encouraging and providing incentives for the use of reusable bags through education and through credits or rebates for customers that bring their own carryout bags at the point of sale for the purpose of carrying away goods.(f) Nothing in this article shall prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag.", "history": "(Ord. 2422 § 2, 2013)" }, { "guid": "44647167", "number": "§ 32.05.030", "title": "Recycled paper bag cost pass-through.", "text": "On and after July 1, 2014, except as provided in Section 32.05.04, an applicable business may only provide a recycled paper bag to a customer if it collects a paper bag cost pass-through from the customer for each recycled paper bag provided.(a) The paper bag cost pass-through shall be no less than ten cents, which has been determined to be the actual average cost for a retailer to provide a recycled paper bag.(b) No applicable business collecting a paper bag cost pass-through pursuant to this section shall rebate or otherwise reimburse a customer for any portion of this pass-through.", "history": "(Ord. 2422 § 2, 2013)" }, { "guid": "44647170", "number": "§ 32.05.040", "title": "Exemptions.", "text": "An applicable business may provide a reusable bag or a recycled paper bag at no cost at the point of sale: (1) to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions Code; or (2) to a customer of a restaurant or take-out food establishment or other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises for take-out food.", "history": "(Ord. 2422 § 2, 2013; Ord. 2436 § 2, 2014)" }, { "guid": "44647171", "number": "§ 32.05.050", "title": "Enforcement.", "text": "Any applicable business violating this article shall be guilty of an infraction and shall be subject to a fine in the amount of one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars for the third and subsequent violations occurring within a one-year period. An administrative citation may be issued for any violation of this article pursuant to Davis Municipal Code Chapter 1, Article 1.02.", "history": "(Ord. 2422 § 2, 2013; Ord. 2436 § 2, 2014)" }, { "guid": "44647172", "number": "§ 32.05.060", "title": "City collaboration with businesses.", "text": "The city may periodically contact applicable businesses to assess the effectiveness of this article and to provide assistance for implementation efforts. This may include periodic surveys, outreach meetings and/or written communications with applicable businesses.", "history": "(Ord. 2422 § 2, 2013)" } ] }, { "guid": "44647173", "title": "ENVIRONMENTALLY ACCEPTABLE FOOD PACKAGING", "number": "32.06", "url": "https://ecode360.com/44647173", "sha256": "9173d52680d9173141384971107997fd9be746b914905b29654deac1c56edcba", "exportedArticleSha256": "2a89385f0f990da71cd1492307c0e77cb9268617fe31aae6e642dace129d0e39", "sections": [ { "guid": "44647174", "number": "§ 32.06.001", "title": "Definitions.", "text": "Unless otherwise expressly stated, whenever used in this article the following terms shall have the meanings set forth below:City contractormeans any person or entity that has a contract with the City of Davis for work or improvement to be performed, for a franchise, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at the expense of the city.City facilitymeans any building, park, structure, vehicle or any other property owned and operated by the City of Davis, its agents, agencies, and departments.Compostablemeans any material that will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner that can be composted using the city's available composting collection program. This includes, but is not limited to, products that meet the then applicable American Society for Testing and Materials (ASTM) standards for compostability.Disposable food service waremeans products that are designed for one-time use in the restaurant and food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes, but is not limited to, plates, cups, bowls, trays, cartons and hinged or lidded containers.Food providermeans any vendor located or providing food within the City of Davis which provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services.Personmeans an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.Polystyrene foammeans and includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). To include, but not limited to, polystyrene foam plate, bleached paperboard plate with low density polyethylene coating, and bleached paperboard plate with polystyrene coating.Prepared foodmeans food or beverage prepared for consumption on the food provider's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation.Recyclablemeans any material that can be sorted, cleansed, and reconstituted using the city's available recycling collection program for the purpose of using the altered form in the manufacture of a new product.Reusablemeans materials that will be used more than once in its same form by the customer, food vendor or other reuse program. Reusable food service ware includes: food or beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor by the customer that is provided take-out containers. Reusable also includes durable containers, packages or trays used on-premises, returnable containers brought back to the food vendor and those intended to be taken home by the consumer for reuse. Includes all containers, bowls, plates, trays, cartons, cups, and other items that are designed for prolonged use, including, but not limited to, durable plastic, ceramic, glass, porcelain, and metal food service ware.Special eventmeans any special event requiring a City of Davis special event permit, which is held within the City of Davis and at which food and/or drinks are being provided for public consumption.", "history": "(Ord. 2501 § 2, 2017)" }, { "guid": "44647186", "number": "§ 32.06.002", "title": "Prohibited disposable food service ware.", "text": "On and after September 1, 2017:(a) Food providers shall not provide prepared food in any disposable food service ware that contains or utilizes polystyrene foam.(b) All disposable food service ware used by food providers shall be reusable and/or recyclable or compostable.(c) No person renting a city facility shall use disposable food service ware that contains or utilizes polystyrene foam at that city facility.(d) Promoters and participants of special events are prohibited from providing prepared food in any disposable food service ware that contains or utilizes polystyrene foam.(e) City contractors shall not use disposable food service ware that contains or utilizes polystyrene foam in the performance of City of Davis contracts.(f) The city encourages all businesses located within or outside the city limits to avoid using all polystyrene foam packaging.", "history": "(Ord. 2501 § 2, 2017)" }, { "guid": "44647193", "number": "§ 32.06.003", "title": "Penalties.", "text": "(a) Any person violating any section of this article is guilty of an infraction. The first violation shall be subject to a fine not to exceed one hundred dollars. The second violation within a six-month period shall be subject to a fine not to exceed two hundred dollars, and not to exceed five hundred dollars for the third and subsequent violations occurring within a one-year period.(b) The remedies provided herein shall be in addition to all other remedies authorized by law and the enumeration of certain remedies in this article shall not preclude the application of any other remedies not herein enumerated.(c) An administrative citation including associated fines may be issued for any violation of this article pursuant to Davis Municipal Code Chapter 1, Article 1.02.", "history": "(Ord. 2501 § 2, 2017)" } ] }, { "guid": "44647201", "title": "IN GENERAL", "number": "33.01", "url": "https://ecode360.com/44647201", "sha256": "d80b5bd0ab063b318959759e334db365d30859f6551dd0c316451807f553d3a6", "exportedArticleSha256": "d33c83dedee3701a499e80e974c81568ea1a4e8c538c991bc68f81cabd8a6811", "sections": [ { "guid": "44647202", "number": "§ 33.01.010", "title": "Privies, etc., prohibited—Exception.", "text": "It is unlawful for any person to maintain on any property within the city any privy or water-closet from which the excrement falls into a vault or drains into a cesspool, or to allow the drainage of any plumbing fixture, situated in any building in the city to flow into a cesspool. The owner or lessee of any lot or parcel of land within this city, upon which there is maintained a watercloset or privy, from which the excrement falls into an open vault shall immediately cause such vault to be filled to the ground level with earth. The provisions of this section, insofar as they affect the maintenance of cesspools, shall not apply in the event there is no sewer main within one hundred fifty feet of any such building from which there is drainage flowing into such cesspool.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647203", "number": "§ 33.01.020", "title": "Supplemental controls.", "text": "At the city's discretion, the public works department may register pretreatment process(es), devices, equipment or structures and may issue BMPs to implement the conditions in this ordinance in lieu of issuing a wastewater discharge permit for facilities not regulated under a National Pretreatment Standard (SIU or CIU) or related statute. This process augments the oversight of facilities that may not warrant a wastewater discharge permit but whose discharge may require occasional oversight by the City.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647204", "number": "§ 33.01.030", "title": "Purpose of chapter.", "text": "This chapter establishes the rules applicable to all sewer users who connect and discharge wastewater to the city's POTW.", "history": "(Ord. 2403 § 1, 2013)" } ] }, { "guid": "44647205", "title": "SEWER CONNECTIONS", "number": "33.02", "url": "https://ecode360.com/44647205", "sha256": "c928ec5580593066a66df56a65d3f78e8b1ba6138c08dfd7f0bad7bd492d3c25", "exportedArticleSha256": "0e7a5f3b8803cd3dbfbfe452e785d42b9c47211c793f7e3bba8e4cacc67a29a7", "sections": [ { "guid": "44647206", "number": "§ 33.02.010", "title": "Sewer or public sewer defined.", "text": "The term \"sewer\" or \"public sewer\"as used in this article means sanitary sewer and not stormwater sewer.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647208", "number": "§ 33.02.020", "title": "Sewage connection required.", "text": "It is unlawful for the owner or lessee of any lot or parcel of land situated within this city, which lot or parcel has thereon a building equipped with any plumbing fixture, to neglect or refuse to have any such buildings connected with the city sewer system so that the drainage from each and every such plumbing fixture shall flow into the sewer; provided, that there is such a sewer in the street, alley or right-of-way near such lot or parcel of land and not more than one hundred fifty feet distant from such building. Domestic plumbing systems that incorporate nonpotable water reuse systems, such as gray water reuse systems, shall be exempt from this section provided that they are installed and constructed in accordance with the then current provisions of California Plumbing Code, Chapter 16 – Alternate Water Sources For Nonpotable Applications and Chapter 16A Nonpotable Water Reuse Systems, governing the construction, alteration, discharge, use, and repair of gray water systems.", "history": "(Ord. 2403 § 1, 2013; Ord. 2435 § 2, 2014)" }, { "guid": "44647209", "number": "§ 33.02.030", "title": "Sewer connection permits.", "text": "It is unlawful for any person to connect his or her premises to any public sewer in the city without first securing a permit from the public works department of the city, paying to such department a fee as established, from time to time, by resolution of the city council for each such permit, it being understood that every individual service connection to a sewer main shall require an individual permit and that if the premises of more than one party shall be connected to the same service connection to a sewer main, then a separate permit shall be issued to each of such party. Such permit shall indicate the location at which the connection is to be made and the property to be connected. It is unlawful to make any connection to any public sewer at any location other than that designated in a permit.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647210", "number": "§ 33.02.040", "title": "Connection charges.", "text": "In addition to any other fees or charges required by this chapter, the following sewer connection charges shall be determined and become due and payable by any person connecting his or her premises to any public sewer in the city:(a) Sewer fees are determined by land uses consistent with the principal permitted uses within zoning districts as outlined in Chapter 40 (Zoning). Zoning districts have been adopted by the city council and are identified on the city's zoning map.(b) Sewer connection charges per land use categories shall be as follows:Connection ChargeResidential (per dwelling unit)Single-family$6,150Single-family condo4,780Duplex4,640Triplex4,810Quadplex4,860Multiple-family (five or more units)3,320MH mobile homes3,400Commercial/industrial (based on flow and quality of discharge to the sewer) Flow (hcf/day)$14,346/hcf/dayBOD (lbs/day)1,556/lbs/dayTSS (lbs/day)853/lbs/dayFlow = Winter water use from November through Februaryhcf = Hundred cubic feetBOD = Biological oxygen demand impact to wastewater facilityTSS = Total suspended solids impact to wastewater facilityEach commercial and industrial account will be charged a connection fee based on the type of business and expected impact on flow, BOD and TSS. If no previous experience is available, the rate shall be established based on a similar business or other guidelines established by the general manager.(c) Adjustments or changes to commercial and industrial connection fees shall be allowed by the general manager as follows:(1) Upon the written request of a property owner, adjustment(s) to the connection fee shall be considered following analysis of one complete cycle of winter water use or as determined by the general manager. Winter water use is the average daily volume of water use from November through February assumed to be discharged to the sanitary sewer. The adjustment to the connection fee is the difference between the fee corresponding to the first year of sewer use data and the original connection fee. If the recalculated fee is greater than the original fee paid, the difference shall be paid by the premises owner directly to the city within ninety days of notice from the general manager. If the first-year fee is less than the original fee, a refund will be paid to the premises within ninety days of the notice by the general manager.(2) Changes in sewer use after the first fiscal year of establishment as a result of business expansion or change of use or operations as determined by the general manager shall warrant investigation of additional connection fees or adjustments to fees. Changes to connection fees shall be calculated based on the estimated average daily volume of water use from November through February that may be discharged to the sanitary sewer. Based on the historic records of similar premises or other guidelines, the general manager will estimate the average daily volume of water use from the November through February period. If the original fee is less than the recalculated fee for a proposed change in use or operations, the difference shall be paid by the premises owner directly to the city within ninety days of notice from the general manager. If the original fee is greater than the recalculated fee for a proposed change in use or operations, no refund shall be paid to the premises owner because the value of the original capacity in the sanitary sewer system is a component of the premises' property value.(d) The owner may appeal or dispute the amount of any charge, bill or invoice within sixty days from the date of such charge, bill or invoice by filing an appeal to the general manager accompanied by detailed factual data in support thereof to indicate the correct amount. After reviewing the owner's appeal, the general manager may require the owner to install a wastewater meter or sampling device(s) at the owner's expense in accordance with procedures approved by the general manager. If the general manager determines that the charge, bill or invoice was in error, the general manager shall correct said charge, bill or invoice. Failure to file a timely appeal of any charge, bill or invoice in accordance with this section shall be deemed acceptance of the correctness of the charge. Any owner aggrieved by the general manager's decision may appeal that decision pursuant to the procedures set forth in Section 33.03.520 of this chapter.(e) The fees provided for in subsection (b) of this section shall be paid at the time of the following actions unless a later time for payment is established by state law:(1) Single-Family. Upon recording of approved final subdivision map.(2) Multifamily and Commercial. Prior to issuance of a building permit.(3) Temporary Deferral. The city manager is hereby authorized to approve deferral payment of the sewer connection charge to the time of issuance of a certificate of occupancy, provided that the applicant and the property owner execute a contract, approved as to form by the city attorney, providing for the payment of the sewer connection charge at or before the issuance of a certificate of occupancy; and that this obligation is recorded as a lien against the property. This provision will expire July 1, 2011, unless extended by ordinance by the city council.", "history": "" }, { "guid": "44647221", "number": "§ 33.02.042", "title": "Temporary reduction in connection charges.", "text": "(a) Beginning on March 3, 2009, the schedule of charges for reuse of existing space subject to a nonresidential sewer connection fee set forth in Section 33.02.040 shall be reduced to fifty percent of the standard fee for a limited time extending from March 3, 2009, until December 31, 2012, unless extended further by ordinance of the city council. Except as provided herein, on and after December 31, 2012, the nonresidential sewer connection fee shall be the full amount established in Section 33.02.040. A project shall be eligible for the reduced sewer connection fee if it meets the following requirements: (1) the project is the reuse of existing space by a nonresidential use; (2) the sewer connection fees for the project have not been paid prior to March 3, 2009; (3) a building permit for the project has been issued by the city prior to December 31, 2012; (4) the project obtains a certificate of occupancy within twelve months of the date of the issuance of the building permit; and (5) the reduced sewer connection fees are paid on or before the issuance of the certificate of occupancy.(b) Temporary deferral of payment of sewer connection fees. Beginning on March 3, 2009, payment of sewer connection fees required for reuse of existing space for nonresidential purposes may be deferred from payment prior to issuance of a building permit to payment on or before the issuance of a certificate of occupancy for the project if the project qualifies for reduced fees as set forth in subsection (a) of this section.(c) If a project does not obtain its certificate of occupancy within the time set forth in subsection (a) or fails to pay its sewer connection fee at or before the issuance of a certificate of occupancy as set forth in subsection (b) of this section, then the project shall pay the then current sewer connection fee set forth in Section 33.02.040, and such fee shall be paid in full prior to the issuance of any certificate of occupancy for the project. If a building permit is not issued prior to December 31, 2012, then the project shall pay its sewer connection fee prior to issuance of a building permit for the project.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647225", "number": "§ 33.02.050", "title": "Construction requirements.", "text": "It is unlawful for any person to connect his or her premises with any public sewer unless such connection conforms to the following requirements:(a) No person, other than the city, its agents and employees, shall connect any pipe, drain or sewer with, or open, or penetrate any public sewer in this city, or injure, break, remove or open any portion of any manhole, flush tank, inspection pipe or any other part of or appurtenant to any such sewer.(b) In all cases where the lateral sewer lines are not now installed, all laterals from all sewer mains in the public street to an established curb line, and to the property line where there is no curb line, shall be laid by the public works department. At the time of a permit application, the public works department shall establish the charge for such work. Such amount shall be payable to the department before the work is performed. Such charge shall be in addition to the permit charge provided for in this article.(c) In case a connection is made to a sewer where it crosses private property, the plumber shall install the pipe to the main sewer, and shall uncover the main sewer so that a connection can be properly made, and the public works department shall make such connection. At the time of a permit application, the public works department shall establish the charge for such work. Such amount, will be payable to the department before such work is performed. Such charge shall be in addition to the permit charge provided for in this article.(d) In all cases the property owner or tenant, at his or her own expense, shall cause the sewer line to be laid from the source of drainage to the curb line where there is one established and to the property line where there is not. Such line shall conform to the specifications for sewer pipe and sewer pipe installation as established by the city, and shall pass the inspection of the public works department as to workmanship. A pipe shall not be covered until it is inspected by the public works department and authorization given therefor.", "history": "(Ord. 2403 § 1, 2013)" } ] }, { "guid": "44647230", "title": "DISCHARGE REQUIREMENTS", "number": "33.03", "url": "https://ecode360.com/44647230", "sha256": "85d409b89cdffe1ac3ecf97c43f8165f438cac84fb86de6c36ef3b871347d4ba", "exportedArticleSha256": "cbfad05e2f08dfdad03c40534a2ff442ac64f226dd62a839379266f1b23747de", "sections": [ { "guid": "44647231", "number": "§ 33.03.010", "title": "Purpose and policy.", "text": "(a) This article sets forth uniform requirements for direct and indirect contributions into the POTW and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). Direct discharge or disposal of liquid wastes at the POTW is governed by Article 33.06.(b) The objectives of this article are:(1) To prevent the introduction of pollutants into the POTW which will cause interference with the operation of the system or contaminate the resulting sludge;(2) To prevent the introduction of pollutants into the POTW, which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and(4) To provide for equitable distribution of the cost of the POTW.(c) This article provides for the regulation of direct and indirect contributors to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article.(d) This article shall apply to persons in the city and to persons outside the city who are users of the publicly-owned treatment works.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647240", "number": "§ 33.03.020", "title": "Administration.", "text": "Except as otherwise provided, the general manager shall administer, implement and enforce the provisions of this article, and shall have the authority to:(a) Perform studies identifying sources of discharges that cause sewer system overflows (SSOs) and blockages;(b) Identify measures to prevent SSOs and blockages; and(c) Develop programs aimed at preventing such problems to the POTW or intended to comply with any state or regional waste discharge order.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647244", "number": "§ 33.03.030", "title": "Definitions.", "text": "Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section.Actmeans the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended. (33 U.S.C. Section 1251 et seq.)Approval authoritymeans the executive officer of the Central Valley Regional Water Quality Control Board.Authorized representative of the industrial usermeans an authorized representative of that user, who shall be:(1) A responsible corporate officer which means a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;(2) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively;(3) A duly authorized representative of the individual designated above if such authorization is in writing and the representative is responsible for the overall operation of the facilities from which the indirect discharge originates such as the plant manager or position of equivalent responsibility or having overall responsibility for environmental matters for the company. The written authorization shall be submitted to the city. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization must be submitted to the city prior to or together with any reports to be signed by an authorized representative.Best management practices or BMPsmeans schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 33.03.050 of this article or as established by the public works department. BMPs may also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage as established by the public works department.Biochemical oxygen demand (BOD)means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L).Building drainmeans that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning two feet outside the inner face of the building wall.Building sewermeans the extension from the building drain to the public sewer or other place of disposal.Bypassmeans the intentional diversion of wastestreams from any portion of an industrial user's treatment facility directly to the POTW.California Toxics Rulemeans the water quality criteria or standards that apply specifically to the State of California promulgated by EPA pursuant to the Clean Water Act and codified in 40 CFR part 131.Categorical industrial user or CIUmeans an industrial user that is subject to one or more national categorical pretreatment standards as defined herein.Categorical standardmeans any national pretreatment standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and the requirements set forth in 40 CFR 403.6 as amended from time to time.Citymeans the City of Davis or the city council of the City of Davis. Any action that may be taken on behalf of the city may be undertaken by the general manager or the city manager, unless such action is reserved to the city council.Commercial usermeans a user that is not a SIU, a FSE, a residence, a groundwater remediation project, or any of the types of discharge projects set forth in Section 33.03.050(b)(16) and that indirectly discharges or has the potential to indirectly discharge pollutants of concern to the city.Direct dischargemeans the discharge of treated or untreated wastewater directly to the waters of the state, or the United States.General managermeans the general manager of the city's public works department or his or her authorized representative. Any action that may be taken by the general manager may be undertaken by the general manager's designee, unless specified otherwise.Effluentmeans pollutants which are discharged from point sources into the city's sewer.EPA or USEPAmeans the United States Environmental Protection Agency. Where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the EPA.Fats, oils, and grease (FOG)means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All such compounds are sometimes referred to herein as \"grease.\"Food service establishment (FSE)means those establishments engaged in activities of food preparation, food service, or the making available for consumption foodstuffs and that use one or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a heated food product, whether served on or in washable and reusable plates or containers or those of a disposable type. For the purpose of this chapter, FSEs include those establishments or facilities where foodstuffs are served or prepared for consumption or sale. This includes, but is not limited to, cold dairy and frozen foodstuffs preparation and serving establishments that prepare or serve drinkable or edible products.Garbagemeans solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.Grab samplemeans an individual sample collected over a period of time not to exceed fifteen minutes. Grab samples are usually taken manually and the sample volume depends on the number of analyses to be performed.Grease interceptormeans an approved plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and greases, and/or solids from a wastewater discharge to the POTW and is inclusive of the following terminology: gravity grease interceptor, grease removal device, grease trap, hydromechanical grease interceptor as defined and amended over time by the California Plumbing Code.Groundwater remediation projectmeans a project involving the treatment of contaminated groundwater from the aquifer and subsequent release of the treated water to the sewer. Groundwater remediation projects are usually undertaken in response to a clean-up and abatement order issued by the State Water Resource Control Board or the Central Valley Regional Water Quality Control Board pursuant to Water Code Section 13304.Holding tank wastemeans any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.Indirect dischargemeans the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. Section 1317), into the POTW (including holding tank waste discharged into the system).Industrial usermeans a source of indirect discharge that does not constitute \"discharge of pollutants\" under regulations issued pursuant to Section 402 of the Clean Water Act.Industrial wastesmeans the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.Industrial wastewater discharge permit (IWDP)means a wastewater discharge permit issued to a CIU or a SIU.Interferencemeans the inhibition or disruption of the POTW treatment processes or operations, which contributes to a violation of any requirements of the city's NPDES Permit (including an increase in the magnitude or duration of a violation). or prevents sewage sludge use or disposal by the POTW in compliance with the following statutory provisions or the criteria, guidelines or regulations or permits issued thereunder (or more stringent state or local regulations including those contained in any state sludge management plan prepared pursuant to Article IV of SWDA): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.National Pollution Discharge Elimination System Permit or NPDES Permitmeans a permit issued pursuant to Section 402 of the Act (33 U.S.C. Section 1342).National prohibitive discharge standard or prohibitive discharge standardmeans any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.National Toxics Rulemeans water quality criteria or standards promulgated by the EPA pursuant to the Act and codified in 40 CFR part 131.New sourcemeans any building, structure, facility or installation from which there is or may be an indirect discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:(1)The building, structure, facility or installation is constructed at a site at which no other source is located; or(2)The building, structure, facility or installation totally replaces the process or production equipment that causes the indirect discharge of pollutants at an existing source; or(3)The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraph (3) or (3) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.Construction of a new source as defined here has commenced if the owner or operator has:(A)Begun, or caused to begin as part of a continuous on-site construction program:(i)Any placement, assembly, or installation of facilities or equipment, or(ii)Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or(B)Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.Non-domestic dischargemeans a discharge by a nonresidential source.Nonresidential usermeans a user who is not a SIU, CIU or a residential user.Non-significant categorical industrial usermeans an industrial user subject to categorical pretreatment standards under Section 403.6 and 40 CFR Chapter I, Subchapter N, and for which the general manager has found that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the national pretreatment standard) and the following conditions are met:(1) The industrial user, prior to the general manager's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;(2) The industrial user annually submits the certification statement required in Section 33.03.285(c) of this article together with any additional information necessary to support the certification statement; and(3) The industrial user never discharges any untreated concentrated wastewater.Pass throughmeans an indirect discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES Permit, including an increase in the magnitude or duration of a violation.Permitmeans a wastewater discharge permit, but may also mean a sewer connection permit, an NPDES Permit, or other type of permit depending on the context provided in the applicable provision.Personmeans any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by context.pHmeans the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.Pollutantmeans any dredged spoil, solid waste, incinerator residue, sewage, garbage, petroleum products or byproducts or wastes, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.Pollutionmeans the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.Pollution prevention permitis a wastewater discharge permit issued by the city to a user who is not a SIU.POTW treatment plantmeans that portion of the POTW designed to provide treatment of wastewater.Pretreatment or treatmentmeans the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).Pretreatment requirementsmeans any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.Pretreatment standard or national pretreatment standardsmeans:(1) Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users; and(2) The prohibitive discharge limits established in Section 33.03.050 (general and specific prohibitions) and the local limits set forth in Section 33.03.080 of this article; and(3) Categorical standards as defined in this section.Publicly owned treatment works (POTW)means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned in this instance by the city. This definition includes any sewers, pipes, ponds, pumps or other devices that connect to, or convey wastewater to the POTW. \"POTW\" also includes any public sewers that convey wastewater to the POTW.Public sewermeans a sewer that is controlled by a public authority.Regional administratormeans the Region 9 EPA Administrator.Sanitary sewermeans a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.Severe property damagemeans substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.Sewagemeans a combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.Sewermeans a pipe or conduit for carrying sewage.Significant industrial user or SIUmeans any industrial user of the city's POTW that fits the following:(1) Except as provided in paragraph (2) of this definition, the term \"significant industrial user\" means:(A) All industrial users subject to categorical standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and(B) Any other industrial user that discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WWTP; or is designated as such by the general manager on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f )(6)).(2) The general manager may determine that an industrial user subject to national pretreatment standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subchapter N is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:(A) The industrial user, prior to general manager's finding, has consistently complied with all applicable national pretreatment standards and requirements;(B) The industrial user annually submits the certification statement required in Section 403.12(q) together with any additional information necessary to support the certification statement; and(C) The industrial user never discharges any untreated concentrated wastewater.(3) Upon a finding that an industrial user meeting the criteria in paragraph (1)(B) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any national pretreatment standards or requirement, the general manager may at any time, on his or her own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.Significant noncomplianceshall mean a violation that meets one or more of the following criteria:(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);(3) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 33.03.210 to halt or prevent such a discharge;(5) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;(6) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;(7) Failure to accurately report noncompliance;(8) Any other violation or group of violations, which may include a violation of BMPs, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.Sludgemeans the solid, semisolid or liquid untreated residue generated during the treatment of domestic sewage in a wastewater treatment facility. When treated and processed, sludge becomes a biosolids.Slug loadmeans any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.Statemeans the State of California.Stormwatermeans stormwater runoff, snow melt runoff, and surface runoff and drainage.Total suspended solids (TSS) or suspended solids (SS)means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.Toxic pollutantmeans any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA.Usermeans any person who contributes, causes or permits the contribution of wastewater into the city's POTW.Wastewatermeans the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.Wastewater discharge permitmeans either an IWDP or a pollution prevention permit issued by the city and establishing limitations on the discharge of wastewater as set forth in Sections 33.03.160 through 33.03.340, inclusive.Watercoursemeans a channel or depression in which a flow of water occurs, either continuously or intermittently.Waters of the statemeans all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647345", "number": "§ 33.03.040", "title": "Abbreviations.", "text": "BMP means best management practice.BOD means biochemical oxygen demand.CFR means Code of Federal Regulations.CIU means categorical industrial user.EPA or USEPA means Environmental Protection Agency.FOG means fats, oils and grease.FSE means food service establishment.IWDP means industrial wastewater discharge permit.IWPP means industrial wastewater pretreatment program.mg/L means milligrams per liter.NPDES means National Pollutant Discharge Elimination System.O & M means operation and maintenance.POTW means publicly-owned treatment works.PPP means pollution prevention program.SIC means standard industrial classification.SIU means significant industrial user.SSO means sanitary sewer overflow.SWRCB means State Water Resource Control Board.TSS means total suspended solids.U.S.C. means United States Code.µg/l means micrograms per liter.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647346", "number": "§ 33.03.050", "title": "General discharge prohibitions.", "text": "(a) General prohibitions. It is unlawful for any user to introduce or cause to be introduced, directly or indirectly, any pollutant or wastewater, which will cause interference or pass through. These general discharge prohibitions and the specific prohibitions in subsection (b) of this section apply to all users of the POTW whether or not the user is subject to national pretreatment standards or any other national, state, or local pretreatment standards or requirements.(b) Specific prohibitions. The following pollutants shall not be introduced into the POTW:(1) Pollutants that, by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or the EPA has notified the user is a fire hazard or a hazard to the system.(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or result in interference such as, but not limited to: fats, oils, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, clay, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.(3) Any wastewater having a pH less than 5.0 or more than 12.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.(4) Petroleum-based materials, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.(5) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a national pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.(6) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair, or that result in the presence of toxic gasses, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.(7) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulation developed under federal law, including, but not limited to, Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.(8) Any substance which will cause, or contribute to causing either singularly or in conjunction with similar discharges, the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.(9) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.(10) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit).(11) Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference with the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.(12) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the general manager in compliance with applicable state or federal regulations.(13) Any wastewater which causes a hazard to human life or creates a public nuisance.(14) Pollutants resulting from physical, chemical, or biological agents being introduced into catch basins, grease interceptors or other separator devices for the purposes of re-suspending, dissolving, emulsifying, or rendering soluble said pollutant or other materials removed from a waste stream by such pretreatment devices to introduce such pollutant(s) or other materials into the sewer system. The owner shall be responsible for the proper removal and lawful disposal of the grease interceptor waste. All waste removed from each grease interceptor must be disposed of at a facility permitted by the State of California to receive such waste. No grease interceptor waste shall be discharged directly to the POTW by any means, including, but not limited to, by separation, decanting, or back flushing.(15) Any hazardous waste as defined in 40 CFR Part 261.3.(16) Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, yard drainage, diatomaceous earth filter backwash, or swimming pool drainage, unless a pollution prevention permit is issued by the city. The city may approve such discharge only when no reasonable alternative is available or such water is determined to constitute a pollution hazard if not discharged to the sewer.(17) Any wastewater discharged from any malfunctioning, broken, undersized, improperly maintained or operated piece of equipment, structure, or device that is used to condition or treat a facility's discharge to achieve compliance with the intent of this article, a national pretreatment standard, a local limit, BMPs or a related regulatory statute is prohibited. All equipment, devices, and structures used to meet the intent of this article must be serviced and maintained and/or repaired to operate in a manner in accordance with the manufacturer's design specifications or per standard operation of similar devices, structures or equipment.(c) The general manager may develop and enforce specific effluent limitation(s) to implement the prohibitions set forth in subsections (a) and (b) of this section, including, but not limited to, the limitations contained in Section 33.03.080 of this article; and shall advise any user(s) of the impact of the contribution on the POTW and take such further enforcement action as may be appropriate whenever the general manager determines that a user is or may be causing interference or pass through as set forth in said subsections (a) and (b).(d) The city may develop BMPs to implement the provisions of subsections (a) and (b) of this section. If appropriate, such BMPs shall be considered local limits. BMPs may be specific to commercial facilities, industrial facilities, food service establishments, SIUs, and industries under national pretreatment standards.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647368", "number": "§ 33.03.060", "title": "Categorical standards.", "text": "Upon the promulgation of categorical standards for a particular industrial subcategory, the categorical standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limits imposed under this article. The general manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12, or other applicable federal statute or regulation.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647369", "number": "§ 33.03.070", "title": "Modification of national pretreatment standards.", "text": "Where the city's wastewater treatment system achieves consistent removal of pollutants limited by national pretreatment standards, the city may apply to the approval authority for modification of specific limits in the national pretreatment standards. \"Consistent removal\" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in Section 403.7(b)(2). The city may then modify pollutant discharge limits in the national pretreatment standards if the requirements contained in 40 CFR, 403.7 are fulfilled and prior approval from the approval authority is obtained.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647370", "number": "§ 33.03.080", "title": "Specific pollutant limitations.", "text": "No person or user shall discharge wastewater containing in excess of:POLLUTANTUNITLOCAL LIMIT (DAILY MAXIMUM CONCENTRATION)ARSENICmg/L1.7CADMIUMmg/L4.7CHROMIUMmg/L23COPPERmg/L7.1LEADmg/L5.0MERCURYmg/L0.21MOLYBDENUMmg/L1,500NICKELmg/L6.8SELENIUMmg/L14SILVERmg/L4.1ZINCmg/L4.0BOD (Biochemical Oxygen Demand)mg/L3,800TSS (Total Suspended Solids)mg/L2,600AMMONIA AS Nmg/L2,700CYANIDEmg/L8.2All concentrations for metallic substances are for \"total\" metal unless indicated otherwise. Compliance with all parameters may be determined from a single grab if a single grab is representative of the waste stream discharged.BMPs will be incorporated as a narrative local limit as the specific BMP is developed by the public works department.", "history": "(Ord. 2403 § 1, 2013; Ord. 2669, 12/3/2024)" }, { "guid": "44647371", "number": "§ 33.03.090", "title": "State requirements.", "text": "State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or than those in this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647372", "number": "§ 33.03.100", "title": "City's right of revision.", "text": "The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647373", "number": "§ 33.03.110", "title": "Dilution prohibited.", "text": "No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations or requirements contained in national pretreatment standards, or in any other pollutant-specific limitation developed by the city or the state.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647374", "number": "§ 33.03.120", "title": "Accidental discharges.", "text": "(a) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the public works department for review, and shall be approved by the public works department before construction of the facility. All existing users shall complete such a plan when requested by the general manager.No user who commences contribution to the POTW shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the public works department. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this article.(b) In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the general manager of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.(1) Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.(2) Written Notice. Within five days following an accidental discharge the user shall submit to the general manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647379", "number": "§ 33.03.130", "title": "Fees—Generally.", "text": "It is the purpose of this article to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established in this article. All users except as provided in Section 33.03.150 shall pay to the city a monthly sewer service charge as specified in Section 33.04.050 of this chapter, the proceeds of which shall be used as specified in Section 33.04.010.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647380", "number": "§ 33.03.140", "title": "Charges and fees.", "text": "In addition to the monthly sewer service charge, the city may from time to time adopt charges and fees which may include:(a) Fees for reimbursement of costs of setting up and operating the city's pretreatment program;(b) Fees for monitoring, inspections and surveillance procedures;(c) Fees for reviewing accidental discharge procedures and construction;(d) Fees for permit applications;(e) Fees for filing appeals;(f) Fees for the cost of stenographic recordation of testimony and preparation of transcripts in any proceeding taken under this article;(g) Fees for consistent removal (by the city) of pollutants otherwise subject to national pretreatment standards;(h) Other fees as the city may deem necessary to carry out the requirements contained in this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647389", "number": "§ 33.03.150", "title": "Special contracts.", "text": "By special contract between the city and any industrial user, industrial waste of unusual strength, composition or quantity may be accepted by the city for treatment at a charge fixed by such contract provided such waste does not violate any national pretreatment standard. The city may enter into and perform such special contracts, not to exceed a term of five years, with any industrial user, for the provision and operation by the city of sewage facilities to accept discharges of industrial waste by the industrial user and the payment, periodically or otherwise, by the industrial user to the city of amounts sufficient to compensate the city for such portion of the cost of providing, operating and maintaining the sewage facilities serving such industrial user as the city council shall determine. Nothing contained in this section shall be construed to exempt any industrial user from any of the provisions of Sections 33.03.160 through 33.03.340. Any contract executed pursuant to this section may contain as part thereof the terms and conditions of a permit issued in accordance with Sections 33.03.160 through 33.03.300.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647390", "number": "§ 33.03.160", "title": "Prohibited wastewater discharges.", "text": "(a) It is unlawful for any user to discharge any wastewater anywhere except to the city's sanitary sewer.(b) It is unlawful for any SIU to discharge any wastewater to the POTW without first having obtained an IWDP issued by the general manager. See Section 33.03.170(b) for permitting requirements.(c) A nonresidential user that is not a SIU or CIU may be required to comply with BMPs as adopted by the public works department, or to obtain a pollution prevention permit issued by the general manager, to discharge any wastewater to the POTW. See Section 33.03.170(d) for permitting requirements.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647394", "number": "§ 33.03.165", "title": "Grease interceptors.", "text": "(a) The following sewer uses may require installation of one or more gravity grease interceptors (inground vaults) at the user's expense. All other nonresidential sewer uses excluding SIUs, CIUs, and some other industrial users may require one or more hydromechanical (under-counter) grease interceptors unless specifically exempted or eligible for a waiver:(1) New building construction that has been designed specifically as a FSE or a new building that will have internal food preparation area(s); or(2) Existing buildings that add one or more FSEs or remodel/tenant improvement for converting tenant spaces to a FSE. Multiple grease interceptors may be required for each FSE;(3) An existing FSE with a hydromechanical grease interceptor has caused building lateral blockages and/or city service line slowdown or blockages; or(4) Any other sewer use that discharges TSS in excess of the limits established in Section 33.03.080.(b) If the FSE installs a hydromechanical grease interceptor that is undersized for the flow rate being discharged or the flow rate increases after the hydromechanical grease interceptor has been installed the general manager may require the installation of a correctly sized hydromechanical grease interceptor or gravity grease interceptor.(c) The type, design, location, and size of a grease interceptor shall be subject to review and approval by the general manager. Grease interceptor location is subject to County of Yolo health codes. The general manager may also determine which drainage fixtures shall be connected to the interceptor on a case-by-case basis. All grease interceptors shall be readily accessible for maintenance, cleaning, inspection, and collection of a representative sample.In making a determination regarding the grease interceptor, the general manager may consider the following factors:(1) Availability of a suitable location for a grease interceptor;(2) Existing building plumbing configurations and fixtures;(3) Expected loading from restaurant;(4) Type of cuisine;(5) Number of seats;(6) Existing grease removal equipment;(7) Use of multiple grease interceptors;(8) Yolo County Health Department concerns;(9) Increase in size of a grease interceptor.(d) Any person who owns, operates, or maintains a grease interceptor shall maintain it properly. Such interceptors shall be cleaned as often as is necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. A grease interceptor is not considered to be properly maintained if for any reason it is not in good working condition with all internal required plumbing of proper design and length in place, or if the operational fluid capacity has been reduced by more than twenty-five percent by the accumulation of floating and settled solids, oils, and greases.The use of emulsifiers, bacterial additives, or other chemical agents to dissolve grease is specifically prohibited. When a grease interceptor is cleaned, the sidewalls shall be scraped and hosed down, while all the solids and liquids contained are removed. All wastes removed from any such interceptor shall be legally disposed of other than to the sewer. The following practices are prohibited:(1) Pumping to remove only accumulated sediments or floating materials;(2) Pumping operations that specifically separate floating or sediment interceptor solid wastes from wastewater and then return or decant the separated wastewater back into the gravity separation or grease interceptor; and(3) Transporting any hauled pollutants from another location for discharge into a gravity separation or grease interceptor.The property owner of any premises required to install a grease interceptor shall be liable for any failure to properly maintain such interceptor.(e) Limited types of FSEs may apply for a waiver from installation of grease interceptors. FSEs that may be eligible for a waiver are listed below. Final determination is subject to the general manager.(1) Specialty coffee serving only;(2) Non-fat yogurt facilities;(3) Bagel/pastries shops, with heating and warming only;(4) Sandwich shops with no capabilities for on-site food cooking other than heating/warming;(5) Beverage service only with incidental heating/warming;(6) A FSE that can demonstrate to the general manager's satisfaction that suitable conditions for the installation of a gravity grease interceptor do not exist.However, in no case shall a FSE be exempted from installing one or more hydromechanical grease interceptors. Hydromechanical grease interceptors shall be subject to the requirements set forth in subsections (b) and (c) of this section.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647422", "number": "§ 33.03.167", "title": "Amalgam separators.", "text": "(a) Waste management practices for amalgam fillings. All owners and operators of dental facilities that remove, repair or place amalgam dental fillings shall comply with the following BMPs:(1) No person shall rinse chair-side traps, vacuum screens, or amalgam separator equipment in a sink or other connection to the sanitary sewer. Such traps, vacuum screens or amalgam separator equipment must be recycled or disposed of in an appropriate manner according to the instructions of the recycler or manufacturer of the equipment.(2) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that will be made available for inspection by the city during normal business hours.(3) Amalgam waste shall be collected, packaged, labeled, stored, and managed in accordance with state and local regulations and disposed of by a licensed recycler or hauler of such materials.(4) Bleach and other chlorine-containing disinfectants shall not be used to disinfect a vacuum line system.(5) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam may be used.(b) Dental vacuum suction systems. All owners and operators of dental vacuum suction systems, except as set forth in subsection (c) of this section shall comply with the following:(1) Only approved amalgam separators may be installed. Approved amalgam separators are those that meet the International Organization for Standardization's standard ISO 11143 which specifies requirements and test methods for amalgam separators, or are approved by the general manager as provided in subsection (A) below.(A) An ISO 11143 certified amalgam separator shall be installed for each dental vacuum suction system. All dental facilities that are newly constructed on or after the effective date of the ordinance codified in this article shall include an installed ISO 11143 certified amalgam separator device capable of removing a minimum of ninety-five percent of the amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rates of the actual vacuum system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units of the same technology from the same manufacturer are ISO-certified. For facilities that have installed amalgam separators on or before the effective date of the ordinance codified in this article that are not ISO-certified, they may be permitted if it can be shown that the existing device provides amalgam removal similar to an ISO-certified system. Alternative materials and methods may be proposed to the general manager for approval.(B) Each owner or operator of a dental facility shall submit proof of certification and installation records to the general manager within thirty days of installation of an approved amalgam separator.(C) On or before July 1st of each year, owners and operators of dental facilities that remove and place amalgam fillings must provide self-certification of use and maintenance of approved amalgam separators.(D) Amalgam separators shall be maintained in accordance with manufacturer records shall be available for immediate inspection upon request by the general manager or designee during normal business hours.(E) Dental Practices Exempt from this Section. The following types of dental practices are exempt from Section 33.03.167 provided that the owner of the dental practice provides written assurance to the city that no removal, repair or placement of amalgam filling occurs at the facility more than three days per year:(i) Orthodontics;(ii) Periodontics;(iii) Oral and maxillofacial surgery;(iv) Radiology;(v) Oral pathology or oral medicine;(vi) Endodontics and prosthodontics.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647442", "number": "§ 33.03.170", "title": "Wastewater discharge permit in general.", "text": "(a) Wastewater discharge permits may be of two types: IWDP and pollution prevention permits.(b) For facilities other than SIU or CIU, in lieu of issuing a discharge permit, the city may, at its discretion, require the registration of structures, devices or equipment used to meet the intent of this article or of equipment, devices, or structures used to achieve BMPs as established by the public works department. Any wastewater discharged to the city's collection system may likewise be subject to registration and compliance with BMPs in lieu of a discharge permit. Registration of devices shall be in accordance with current policy of the public works department and on forms prescribed by the public works department.(c) Any SIU or CIU proposing to connect to or contribute to the POTW shall obtain an IWDP before connecting to or contributing to the POTW. All SIUs or CIUs connected to or contributing to the POTW shall obtain an IWDP within ninety days after the effective date of the ordinance codified in this article.(d) The city may require any nonresidential user that is not a SIU or a CIU to obtain a pollution prevention permit or to register its equipment, structure or pretreatment device as necessary to carry out the purposes of this chapter. The determination as to whether a pollution prevention permit will be required may be based on the following conditions:(1) The nonresidential user does not have the potential to be regulated under the IWDP established in this article;(2) The nonresidential user discharges or has the potential to discharge a pollutant regulated under Section 33.03.050 or 33.03.080 of this article; and(3) The nonresidential user discharges or has the potential to discharge a substance regulated pursuant to a narrative, numeric, or toxicity-based water quality criteria or objective of the California Toxics Rule, the National Toxics Rule, a water quality plan adopted by the SWRCB pursuant to Water Code Section 13170, or the NPDES Permit for the city's POTW.(4) BMPs are not implemented and maintained in compliance with public works department standards or BMP guidelines.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647451", "number": "§ 33.03.180", "title": "Permit application.", "text": "(a) All users that are required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, accompanied by any required fees. All users shall apply for a wastewater discharge permit within ninety days after the effective date of the ordinance codified in this article and proposed new users shall apply at least ninety days prior to connecting to or contributing to the POTW.With respect to SIUs, additional application information for pretreatment and/or operation and maintenance may be required to meet the national pretreatment standards. The applicant shall provide the shortest schedule by which it will provide such additional pretreatment. The completion date in this schedule shall not exceed one hundred eighty days.In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, the following information:(1) Name, address and location (if different from the address).(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.(3) Wastewater constituents and characteristics, including, but not limited to, those mentioned in Sections 33.03.050 through 33.03.120 of this article, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, part 136, as amended.(4) Time and duration of contribution.(5) Average daily and three minutes peak wastewater flow rates, including daily, monthly and seasonable variations, if any.(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged.(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or national pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional O & M and/or additional pretreatment is required for the user to meet applicable pretreatment standards.(9) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.(A) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring of an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);(B) No increment referred to in subsection (9)(A) shall exceed six months;(C) Not later than fourteen days following each date in the schedule and the final date for compliance the user shall submit a progress report to the general manager including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the general manager.(10) Each product produced by type, amount, process or processes and rate of production.(11) Type and amount of raw materials processed (average and maximum per day).(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.(b) The general manager or designee shall evaluate the data furnished by the user and may require additional information. The general manager shall approve or deny the permit within thirty days of receipt of a complete application. After evaluation and acceptance of the data furnished, the general manager may issue the permit subject to appropriate conditions or may deny the permit application where the application proposes an increased contribution of pollutant(s) that would not meet applicable national pretreatment standards and requirements or that would cause the POTW to violate its NPDES Permit. The conditions attached to the permit may include such ordinary and special restrictions as may be necessary or desirable to protect the POTW from physical damage, overload, interference or disruption of treatment processes, and may include limitations with respect to the volume, rate of discharge, BOD, suspended solids content, hydrogen ion concentration or any other physical or chemical characteristics of the proposed discharge.(c) Any applicant aggrieved by the general manager's decision may appeal that decision pursuant to Section 33.03.520.(d) Upon the request of the city council, the public works department shall provide to the city council a report on the pretreatment program. The report shall include the number of permits issued, the locations, proposed discharge, the conditions for each permit, and the date of issuance.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647472", "number": "§ 33.03.190", "title": "Permit modifications.", "text": "Within ninety days of the promulgation of a national pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by Section 33.03.170, the user shall apply for such a permit within one hundred eighty days after the promulgation of the applicable national pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the general manager within one hundred eighty days after the promulgation of an applicable national pretreatment standard the information required by Section 33.03.180(a)(8) and (9).", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647473", "number": "§ 33.03.200", "title": "Industrial wastewater discharge permit conditions.", "text": "Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and shall be aimed at ensuring compliance with national pretreatment standards and requirements. Permit holders shall be expressly subject to user charges and fees established by the city and all other applicable statutes and regulations.IWDPs shall contain the following:(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer;(b) Limits on the average and maximum wastewater constituents and characteristics, which enforce any applicable national pretreatment standard, the local limits in Section 33.03.080, and any other applicable state and local law;(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;(d) Requirements for installation and maintenance of inspection and sampling facilities;(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types based on applicable national pretreatment standards, and standards for tests and reporting schedules consistent with the periodic monitoring requirements in Section 33.03.280;(f) Compliance schedules;(g) Requirements for submission of technical reports or discharge reports (Sections 33.03.250 and 33.03.280);(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording the city access thereto;(i) Requirements for notification to the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW;(j) Requirements for notification of slug loads;(k) Requirements for the control of slug loads consistent with Section 33.03.050(b)(11) of this article if determined by the general manager to be necessary;(l) A statement of applicable civil and criminal penalties for violation of national pretreatment standards and requirements, and any applicable compliance schedule;(m) Other conditions as deemed appropriate by the general manager to ensure compliance with this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647487", "number": "§ 33.03.205", "title": "Pollution prevention permits.", "text": "Pollution prevention permits shall be expressly subject to all applicable provisions of this article. Permit holders shall be expressly subject to user charges and fees established by the city and all other applicable statutes and regulations. Pollution prevention permits may contain the following:(a) Permit duration (not to exceed five years) and the date of expiration;(b) Statement of nontransferability;(c) Self-monitoring, sampling reporting, notification, and recordkeeping requirements. If monitoring is deemed necessary by the city, these requirements shall include an identification of pollutants to be monitored, an accessible sampling location(s), sampling frequency(ies), sample type, and whether such monitoring is to be performed by the user;(d) Requirements for implementation of BMPs, and inspection and sampling facilities;(e) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city access thereto;(f) Requirements for notification to the city of any new wastewater constituents discharged to the POTW;(g) The conditions attached to the pollution prevention permit may include such ordinary and special restrictions as may be necessary or desirable to protect the POTW from Interference, physical damage, overload or disruption of treatment processes, and may include limitations with respect to the volume, rate of discharge, BOD, suspended solids content; grease and oil concentration or any other physical or chemical characteristics of the proposed discharge;(h) A description of the mechanism for reclassifying a discharger in the pollution prevention permit to a discharger in the pretreatment program; and(i) Other conditions as deemed appropriate by the general manager to ensure compliance with this article, and state and federal laws and regulations. In the discretion of the general manager, such conditions may address the California Toxics Rule, the National Toxics Rule, or a water quality plan adopted or proposed to be adopted by the SWRCB pursuant to Water Code Section 13170 or the NPDES Permit for the city's POTW.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647497", "number": "§ 33.03.210", "title": "Revision of permit conditions—Suspension of service.", "text": "When necessary for the preservation of public health or safety or for the protection of public or private property, the general manager may revise, or add to, the conditions of any permit to preserve public health or safety or to protect public or private property, or the general manager may suspend industrial sewer service to any industrial user using the POTW in a manner that endangers the public health or safety or public or private property. In suspending service, the general manager may sever all pertinent connections to the POTW. If such endangerment is imminent, the general manager may act immediately to suspend industrial sewer services without giving advance notice or warning to the industrial user. Any applicant aggrieved by the general manager's decision may appeal that decision pursuant to Section 33.03.520.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647498", "number": "§ 33.03.220", "title": "Permit duration.", "text": "Permits shall be issued for a specified time period, not to exceed five years, and shall contain a statement limiting the duration consistent with this section. The user shall apply for permit reissuance a minimum of one hundred eighty days prior to the expiration of the user's existing permit. The procedure and requirements for reissuance of a wastewater discharge permit are set forth in Section 33.03.180. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Sections 33.03.050 through 33.03.120, inclusive, are modified or other just cause exists. The user shall be informed of any proposed changes in its permit at least thirty days prior to the effective date of the changes, except as provided in Section 33.03.210. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647499", "number": "§ 33.03.230", "title": "Permit transfer.", "text": "(a) Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation. Any succeeding owner or user shall immediately notify the city of the change of ownership and complete a wastewater discharge permit application pursuant to Section 33.03.180 and shall comply with the terms and conditions of the existing permit until a new permit is issued.(b) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user. The procedure and requirements for obtaining a wastewater discharge permit are set forth in Section 33.03.180.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647502", "number": "§ 33.03.235", "title": "Authority to require compliance schedules.", "text": "The general manager shall have the authority to require:(a) The development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements, and(b) The submission of all notices and self-monitoring reports from industrial users as is necessary to assess and assure compliance by industrial users with national pretreatment standards and requirements, including, but not limited to, the reports required of SIUs under Sections 33.03.260, 33.03.270, 33.03.280 and 33.03.285 of this article as applicable.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647505", "number": "§ 33.03.240", "title": "Change of discharge.", "text": "(a) All industrial users shall promptly notify the general manager, in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). The city shall have the right to deny or condition changes in volume, character, and new or increased contributions of pollutants or changes in the nature of pollutants consistent with Section 33.03.210.(b) All industrial users must notify, in accordance with 40 CFR, Section 403.12(p), the city, the state and the EPA of any discharge that could be considered hazardous waste if disposed of in a different manner.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647508", "number": "§ 33.03.250", "title": "Notice of potential problems including slug loading.", "text": "All industrial users shall notify the general manager immediately of all discharges that could cause problems to the POTW including slug loading by the industrial user. SIUs shall immediately notify the general manager of any changes at the SIUs facility affecting the potential for slug discharge.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647509", "number": "§ 33.03.255", "title": "Prohibition of bypass.", "text": "(a) Bypass is prohibited, and the general manager may take enforcement action against an industrial user for a bypass, unless:(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and(3) The industrial user submitted notices as required under subsection (d) of this section.(b) The general manager may approve an anticipated bypass, after considering its adverse effects, if the general manager determines that it will meet any one of the three conditions listed in subsection (a) of this section.(c) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the prohibition of bypass in subsection (a) nor the noticing provisions of subsection (d) of this section.(d) (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the general manager, if possible at least ten days before the date of the bypass.(2) An industrial user shall submit oral notice to the general manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The general manager may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours from the time the industrial user became aware of the bypass.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647519", "number": "§ 33.03.260", "title": "Report on compliance with national pretreatment standard deadline.", "text": "Within ninety days following the date for final compliance with applicable national pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to national pretreatment standards and requirements shall submit to the general manager a report containing the information described in Sections 33.03.270(b)(4) through (b)(6).", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647520", "number": "§ 33.03.270", "title": "Baseline monitoring reports.", "text": "(a) All industrial users shall submit baseline monitoring reports in compliance with 40 CFR 403.12(b) as set forth below in subsection (b) of this section.(b) Reporting requirements for industrial users upon effective date of national pretreatment standard—Baseline monitoring report. Within one hundred eighty days after the effective date of a national pretreatment standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR Section 403.6(a)(4), whichever is later, existing industrial users subject to such national pretreatment standards and currently discharging to or scheduled to discharge to a the POTW shall be required to submit to the general manager a report that contains the information listed in paragraphs (1) through (7) of this subsection (b). At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the general manager a report which contains the information listed in paragraphs (1) through (5) of this subsection. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable national pretreatment standards. New sources shall give estimates of the information requested in paragraphs (4) and (5) of this subsection:(1) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility.(3) Description of Operations. The user shall submit a brief description of the nature, average rate of production, and SIC of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.(4) Flow Measurement. The user shall submit information to the general manager showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:(A) Regulated process streams; and(B) Other streams as necessary to allow use of the combined wastestream formula specified in 40 CFR 403.6(e). (See paragraph (5)(D) of this subsection.) The general manager may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.(5) Measurement of Pollutants.(A) The user shall identify the national pretreatment standards applicable to each regulated process.(B) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the national pretreatment categorical standard or general manager) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the national pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the general manager or the applicable national pretreatment standards to determine compliance with the national pretreatment standard.(C) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.(D) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) in order to evaluate compliance with the national pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the general manager.(E) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the USEPA Regional Administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.(F) The general manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.(G) The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.(6) Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in Section 33.03.285(b) and certified by a qualified professional, indicating whether national pretreatment standards are being met on a consistent basis, and, if not, whether additional O & M and/or additional pretreatment is required for the industrial user to meet the national pretreatment standards and requirements; and(7) Compliance Schedule. If additional pretreatment and/or O & M will be required to meet the national pretreatment standards the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable national pretreatment standards.(A) Where the industrial user's national pretreatment standard has been modified by a removal allowance pursuant to 40 CFR 403.7, the combined wastestream formula in 40 CFR 403.6(e), and/or a fundamentally different factors variance under 40 CFR 403.13 at the time the user submits the report required by this subsection (b), the information required by paragraphs (6) and (7) of this subsection shall pertain to the modified limits.(B) If the national pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by this subsection, any necessary amendments to the information requested by paragraphs (6) and (7) of this subsection shall be submitted by the user to the general manager within sixty days after the modified limit is approved.(C) Compliance Schedule for Meeting National Pretreatment Standards. The following conditions shall apply to the schedule required by this paragraph (7):(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable national pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).(ii) No increment referred to in subsection (c)(1) of this section shall exceed nine months.(iii) Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the general manager, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the general manager.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647545", "number": "§ 33.03.280", "title": "Periodic compliance reports.", "text": "(a) Self-monitoring reports. At least once every six months, significant non-categorical industrial users shall submit periodic self-monitoring reports containing a description of the nature, concentration, and flow of pollutants required to be reported in the SIUs wastewater discharge permit, and the time, date, and place of sampling and methods of analysis. Sampling for self-monitoring reports shall be performed during the period covered by the report in accordance with the techniques described in 40 CFR part 136 and amendments thereto. This sampling and analysis may be performed by the general manager in lieu of a significant non-categorical industrial user. If any permittee subject to this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the permit, the results of this monitoring shall be included in the report.(b) Periodic reports for categorical industrial users.(1) Except as provided in paragraphs (2) and (3) of this subsection (b), any industrial user subject to a categorical standard (except a non-significant categorical user as defined in Section 33.03.030(a)(36)), after the compliance date of such categorical standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the general manager during the months of June and December, unless required more frequently in the categorical standard or by the general manager or the Central Valley Regional Water Quality Control Board, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in Section 33.03.270(b)(4) except that the general manager may require more detailed reporting of flows. In cases where the categorical standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the general manager or the categorical standard necessary to determine the compliance status of the user. At the discretion of the general manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the general manager may modify the months during which the above reports are to be submitted. Periodic compliance reports may be combined with the self-monitoring reports required in subsection (a) of this section to avoid duplication of reporting.(2) The general manager may authorize the industrial user subject to a categorical standard to forego sampling of a pollutant regulated by a categorical standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:(A) The general manager may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.(B) The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.(C) In demonstrating that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with Section 33.03.285 of this article and include the certification statement in that section. Non-detectable sample results may only be used to show that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.(D) Any grant of the monitoring waiver by the general manager must be included as a condition in the user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the general manager for three years after expiration of the waiver.(E) Upon approval of the monitoring waiver and revision of the user's control mechanism by the general manager, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard under 40 CFR _____ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report pursuant to Section 33.03.280(b)(1).(F) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user's operations, the user must immediately notify the general manager and comply with the monitoring requirements of paragraph (1) of this subsection or other more frequent monitoring requirements imposed by the general manager.(G) This provision does not supersede certification processes and requirements established in categorical standards, except as otherwise specified in the categorical standard.(3) The general manager may reduce the requirement in paragraph (1) of this subsection to a requirement to report no less frequently than once a year, unless required more frequently in the categorical standard or by the approval authority, where the industrial user meets all of the following conditions:(A) The industrial user's total categorical wastewater flow does not exceed any of the following:(i) 0.01 percent of the design dry weather hydraulic capacity of the POTW, or five thousand gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;(ii) 0.01 percent of the design dry weather organic treatment capacity of the POTW;(iii) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical standard for which approved local limits were developed by the city.(B) The industrial user has not been in significant noncompliance, as defined in Section 33.03.030 for any time in the past two years;(C) The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that is not representative of conditions occurring during the reporting period pursuant to Section 33.03.285(a)(2).(D) The industrial user must notify the general manager immediately of any changes at its facility causing it to no longer meet conditions of paragraph (3)(A)(i) or (ii) of this subsection. Upon notification, the industrial user must immediately begin complying with the minimum reporting requirements in paragraph (1) of this subsection.(E) The general manager must retain documentation to support the determination that a specific industrial user qualifies for reduced reporting requirements under paragraph (3) of this subsection for a period of three years after the expiration of the term of the control mechanism.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647566", "number": "§ 33.03.285", "title": "Requirements for industrial user reports and certifications.", "text": "(a) Monitoring and analysis to demonstrate continued compliance.(1) Except in the case of non-significant categorical users, the reports required in Sections 33.03.260, 33.03.270 and 33.03.280 shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the general manager, of pollutants contained therein which are limited by the applicable national pretreatment standards. This sampling and analysis may be performed by the general manager in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under Sections 33.03.270(b)(6) and 33.03.285(b) and (c). In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.(2) The reports required in Sections 33.030.260, 33.03.270(b), and 33.030.280(a) and (b) of this article must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The general manager shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable national pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the general manager. Where time-proportional composite sampling or grab sampling is authorized by the general manager, the samples must be representative of the discharge and the decision to allow the alternative sampling shall be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the general manager, as appropriate.(b) Signatory requirements for industrial user reports. The reports required by Sections 33.03.260, 33.03.270, 33.03.280(b), and the certification statement required by Section 33.03.285(c) of this article shall include the following certification statement:I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.Said report shall be signed as follows:(1) By a responsible corporate officer, if the industrial user submitting the reports required by Sections 33.03.260, 33.03.270, and 33.03.280(b) is a corporation. For the purpose of this paragraph, a responsible corporate officer means:(A) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or(B) The manager of one or more manufacturing, production, or operating facilities; provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.(2) By a general partner or proprietor if the industrial user submitting the reports required by Sections 33.03.260, 33.03.270, and 33.03.280(b) of this article is a partnership or sole proprietorship respectively.(3) By a duly authorized representative of the individual designated in paragraph (1) or (2) of this subsection if:(A) The authorization is made in writing by the individual described in paragraph (1) or (2) of this subsection;(B) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and(C) The written authorization is submitted to the general manager.(4) If an authorization under paragraph (3) of this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (3) of this subsection must be submitted to the general manager prior to or together with any reports to be signed by an authorized representative.(c) Annual certification statements by non-significant CIUs. A facility determined to be a nonsignificant CIU as defined in Section 33.03.030(a)(36)) of this article (40 CFR 403.3(v)(2)) must submit annually the following certification statement, signed in accordance with the signatory requirements in subsection (b) of this section. This certification must accompany any alternative report required by the general manager:Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical standards under 40 CFR ___, I certify that, to the best of my knowledge and belief that during the period from _____, _____to _____, _____[months, days, year]:(1) The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in Section 33.03.030(a)(36));(2) The facility complied with all applicable national pretreatment standards and requirements during this reporting period; and(3) The facility never discharged more than one hundred gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [include sufficient supporting information].", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647584", "number": "§ 33.03.290", "title": "Monitoring facilities.", "text": "(a) The city shall require, at the user's own expense, the development, maintenance and operation of, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or the internal drainage systems.(b) The monitoring facility shall normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.(c) The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards specifications. Construction shall be completed within ninety days following written notification by the city.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647588", "number": "§ 33.03.300", "title": "Recordkeeping requirements.", "text": "(a) Any industrial user subject to the reporting requirements established in this article shall maintain records of all information resulting from any monitoring activities required by this article, including documentation associated with BMPs. Such records shall include for all samples:(1) The date, exact place, method, and time of sampling and the name(s) of the person(s) taking the samples;(2) The dates analyses were performed;(3) Who performed the analyses;(4) The analytical techniques/methods used; and(5) The results of such analyses.(b) Any industrial user subject to the reporting requirements established in this article (including documentation associated with BMPs) shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this article) and shall make such records available for inspection and copying by the executive officer of the Central Valley Regional Water Quality Control Board, the USEPA Region 9 administrator, and the general manager. This recordkeeping period shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the general manager or the regional administrator.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647596", "number": "§ 33.03.310", "title": "Inspection and sampling.", "text": "The general manager may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city general manager or his or her representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties, including, but not limited to, access to any sewer lateral owned or maintained by the city for the purpose of inspection, maintenance, or repair. The general manager shall have the right to copy such records. The general manager, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering, and shall have the right to randomly sample and analyze effluent from industrial users. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647597", "number": "§ 33.03.320", "title": "Test procedures.", "text": "(a) All analysis and testing by the city and industrial user shall conform to procedures established by the administrator pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, \"Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,\" April 1977, and amendments thereto, which are formally approved by the EPA, or with any other sampling and analytical procedures approved by the administrator.(b) The data for the reports required by Sections 33.03.260, 33.03.270(b), 33.03.280(a) and (b) must be obtained consistent with Section 33.03.285(a)(2).", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647600", "number": "§ 33.03.330", "title": "Pretreatment.", "text": "(a) Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the general manager for review, and shall be acceptable to the general manager before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the general manager under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city general manager prior to the user's initiation of the changes.(b) The city shall annually publish, in accordance with 40 CFR 403.8(f)(2)(viii), in a newspaper of local general circulation that provides meaningful public notice within the POTW's service area a list of the users that were in significant noncompliance with any pretreatment requirements or standards at any time during the previous twelve months. The information contained in the publication shall be consistent with the pretreatment requirements of 40 CFR 403.8(f)(2)(viii) . All records relating to compliance with national pretreatment standards shall be made available to officials of the EPA or approval authority upon request.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647603", "number": "§ 33.03.340", "title": "Confidential information.", "text": "(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user. Notwithstanding this provision, information and data provided to the general manager, pertaining to effluent data, shall be available to the public without restriction. All other information submitted to the state or POTW shall be available to the public at least to the extent provided in 40 CFR 2.302.(b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the NPDES Permit, state disposal system permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user, except that confidential information may be disclosed to another governmental agency immediately provided that the governmental agency complies with California Government Code Section 6254.5(e).", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647606", "number": "§ 33.03.345", "title": "Enforcement response plan.", "text": "The general manager shall prepare, implement, and, if necessary, periodically update an enforcement response plan in conformance with EPA guidelines contained in 40 CFR 403.8(f)(5). This plan shall contain detailed procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647607", "number": "§ 33.03.350", "title": "Enforcement—Harmful contributions.", "text": "(a) The city may immediately and effectively halt or prevent any discharge to the POTW or revoke a wastewater discharge permit when such action is necessary, in the opinion of the general manager, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons. The discharger shall be notified of the city's action as soon as reasonably practicable. Upon notice to the affected user and an opportunity to respond, the city may halt or prevent any discharge to the POTW, that presents or may present an endangerment to the environment, or that causes or threatens to cause interference to the POTW or causes the city to violate any condition of its NPDES Permit.(b) Any person notified of a suspension of the wastewater treatment service and/or revocation of a wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as it deems necessary, including severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city may reinstate the wastewater discharge permit and/or the wastewater treatment service only upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the general manager within fifteen days of the date of occurrence.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647610", "number": "§ 33.03.360", "title": "Revocation of a permit.", "text": "The city may revoke a wastewater discharge permit for any one of the following reasons:(a) Failure of a user to factually and accurately report the wastewater constituents and characteristics of its discharge;(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or(d) Violation of conditions of the permit.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647615", "number": "§ 33.03.370", "title": "Violations.", "text": "It is unlawful for any user or person to violate any provision of this article and the orders, rules, regulations and permits issued under this article. Each day on which a violation occurs or continues may be deemed a separate and distinct offense.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647616", "number": "§ 33.03.380", "title": "Notification of violation.", "text": "(a) Whenever the city finds that any user has violated or is violating any provision of this article, wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the city may serve upon such person a notice of violation stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user.(b) If sampling performed by an industrial user indicates a violation, the user shall notify the general manager within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the general manager within thirty days after becoming aware of the violation. Where the general manager has performed the sampling and analysis in lieu of the industrial user, the general manager must perform the repeat sampling and analysis unless he or she notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:(1) The general manager performs sampling for the industrial user at a frequency of at least once per month; or(2) The general manager performs sampling for the user between the time the initial sampling was conducted and the time the user or the general manager receives the results of this sampling.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647621", "number": "§ 33.03.390", "title": "Show cause hearing.", "text": "(a) Any user that is subject to a proposed enforcement action may request a hearing, in writing, within ten calendar days of receiving notification of such proposed enforcement action.(b) A notice shall be served on the user specifying the time and place of the hearing, the proposed enforcement action, the reason why the proposed action is to be taken, and directing the user to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested. The notice shall be served at least ten calendar days before the hearing. Service may be made on any agent or officer of a corporation.(c) The general manager, or his or her assignee, may conduct the hearing.(1) Issue, in the name of the city, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;(2) Take the evidence;(3) Prepare a written report of the evidence and hearing; and(4) Determine if there is good cause for the enforcement action.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647629", "number": "§ 33.03.400", "title": "Testimony/transcript.", "text": "At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647630", "number": "§ 33.03.410", "title": "Directive—Time limit.", "text": "After the general manager or his or her assignee has reviewed the evidence he or she may issue an order to the user responsible for the discharge directing that following a specified time period the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed on existing treatment facilities, and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647631", "number": "§ 33.03.420", "title": "Falsifying information.", "text": "Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be guilty of a misdemeanor.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647632", "number": "§ 33.03.430", "title": "Right of entry.", "text": "(a) Whenever necessary to ascertain any violation of the provisions of this article or of any wastewater discharge permit, or whenever there is reasonable cause to believe that there exists a violation of this article, any authorized agent or employee of the city may enter onto any premises or into any building.(b) In those situations when there is no owner and/or occupant present, or when such person or persons refuse entry, the agent or employee shall give the owner and/or occupant twenty-four hours' written notice of the intention to enter onto such premises. Such notice shall state that, in the event entry is refused, entry will be obtained only under a search warrant issued by a court of competent jurisdiction.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647635", "number": "§ 33.03.440", "title": "Right of entry—Legal recourse.", "text": "In the event any owner or occupant of any premises or building refuses entry to any authorized agent or employee of the city, such agent or employee shall have recourse to any court of competent jurisdiction to seek an order to obtain such entry.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647636", "number": "§ 33.03.450", "title": "Right of entry—Nonlimitations.", "text": "Nothing herein shall be read to limit the immediate right of entry:(a) In any emergency situation; or(b) Where entry is permitted under the Constitution or any state or federal law.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647639", "number": "§ 33.03.460", "title": "Legal action.", "text": "(a) The city may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction, if any person discharges sewage, industrial wastes or other wastes into the city's POTW contrary to any provision of this article (including, but not limited to, any categorical standard or requirement or permit requirements), national pretreatment standards, or any order of the city, or otherwise fails to comply with any provision of this article or any provision or requirement set forth in a permit.(b) Affirmative defenses. A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in Sections 33.03.050(a) and the specific prohibitions in Sections 33.03.050(b)(3) through (b)(6) inclusive, where the user can demonstrate that:(1) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and(2) (A) A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with Section 33.03.050(c) for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or(B) If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with Section 33.03.050(c) for the pollutant(s) that caused the pass through or interference, the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES Permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647646", "number": "§ 33.03.470", "title": "Civil penalties.", "text": "Any user who is found to be in noncompliance with any provision of this article, or the orders, rules, regulations and permits issued hereunder may be fined not less than fifty dollars nor more than five thousand dollars for each offense. Each day on which a violation occurs or continues to occur may be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647647", "number": "§ 33.03.480", "title": "Criminal penalty.", "text": "Any person who knowingly or willfully violates any provision of this article or the orders, rules, regulations and permits issued hereunder shall be guilty of a misdemeanor, punishable under state law. Each day of prohibited activity shall constitute a separate violation.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647648", "number": "§ 33.03.485", "title": "Remedies not exclusive.", "text": "The remedies provided in this chapter are in addition to and do not supersede or limit any and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647649", "number": "§ 33.03.490", "title": "Severability.", "text": "If any provision, paragraph, word, or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647650", "number": "§ 33.03.500", "title": "Liability for damages.", "text": "This article shall not be construed to relieve from or lessen the responsibility of any industrial establishment for damage to person or property in the discharge of industrial wastes, nor shall the city, nor any agent thereof, be considered as assuming any liability in connection with the discharge of such industrial wastes by reason of the performance of its duties under this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647651", "number": "§ 33.03.510", "title": "Amending article.", "text": "This article may be amended by the city council, but no amendment shall affect any contract therefor entered into pursuant to Section 33.03.150, except when necessary for the preservation of public health or safety or for the protection of public or private property, the city council may adopt an amendment to this article which shall revise or add to the conditions of any permit to preserve public health or safety or to protect public or private property, or the city council may adopt an amendment to this article which shall suspend industrial sewer service to any industrial user using the POTW in a manner that endangers the public health or safety or public or private property. In suspending service, the city council may sever all pertinent connections to the POTW. If such endangerment is imminent, the city council may immediately adopt an amendment hereto which shall suspend industrial sewer services without giving advance notice or warning to the industrial user.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647652", "number": "§ 33.03.520", "title": "Appeals.", "text": "(a) Any user, permit applicant, or permittee aggrieved by any decision, action or determination, taken or issued by the general manager, may file with the city manager a written request for an appeal hearing. The request must be received by the city within ten calendar days of such decision, action, or determination by the general manager to the appellant. The request for hearing shall set forth in detail all the facts supporting the appellant's request.(b) The city manager shall within fifteen days of receiving the request for appeal designate an impartial hearing officer to hear the appeal and provide written notice to the appellant of the hearing date, time and place. Employees of the city shall not be eligible to serve as the hearing officer.(c) The city manager shall set the time and place for hearing the appeal, and a notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city, and notice shall also be given to the appellant by mail, postage prepaid, at the address provided by the appellant in the letter of appeal at least ten business days before the hearing date.(d) The hearing date shall not be more than thirty calendar days from the mailing of such notice to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the general manager's decision shall be deemed final.(e) In the case of an appeal involving an alleged violation, the scope of the hearing shall be limited to the technical evidence regarding the alleged violation(s) and proposed enforcement action(s). The hearing officer shall have no authority to waive any requirement of the municipal code.(f) At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the general manager's decision, action or determination.(g) After the conclusion of the hearing, the hearing officer shall submit a written report to the city manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the general manager's original decision, action or determination. Upon receipt of the written report the city manager shall make a determination and shall issue a decision and order within thirty calendar days of the hearing. The written decision and order of the city manager shall be sent by certified mail to the appellant at the appellant's business address, or to the address of appellant's legal counsel or representative.(h) The decision of the city manager shall be the final decision and no action by the city council shall be required.(i) A fee, as provided for under this subsection, shall accompany an application for a hearing and shall be due before the hearing date. The purpose of the fee shall be to cover those costs incurred by the city to provide for the appeals process. Appeal fees shall be set by resolution, subject to review by the city council. Appeal fees will be reviewed periodically to ensure that the fees charged cover the costs associated with the appeals process.(j) If the appellant wishes to have the hearing transcribed, the appellant may request that a court reporter be present at the hearing. The appellant shall bear all costs and expenses of the transcription.", "history": "(Ord. 2403 § 1, 2013)" } ] }, { "guid": "44647663", "title": "CHARGES FOR THE WASTEWATER UTILITY", "number": "33.04", "url": "https://ecode360.com/44647663", "sha256": "f6306335db7a78a2e9ec90a8f8d72235b5a554e8943b9b7c3b8c1f0ad9c83dc3", "exportedArticleSha256": "7ea583ba58e02654ddd867aed7b0c8a1e91796317d6f4cf6dd45e7328c05dc0f", "sections": [ { "guid": "44647664", "number": "§ 33.04.010", "title": "Disposition of revenue—Establishment of depository fund.", "text": "Revenues derived under the provisions of this article shall be used only for the replacement, reconstruction, maintenance and operation of sanitation or sewerage facilities. A specific fund shall be established for the deposit and disbursement of the funds collected under this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647665", "number": "§ 33.04.020", "title": "Billing consistent with water billing.", "text": "It is the intention of the city council that the same person who is charged and billed for water shall be charged and billed for sewer service, and whenever not prohibited by the express words of this article, the water charge provisions and the sewer service provisions shall be so construed as to be consistent with each other.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647666", "number": "§ 33.04.030", "title": "Charges to be billed and collected with garbage, refuse and water bills.", "text": "The charges provided by this article may be collected with the rates, tolls and charges for any other utility provided by or billed by the city, including charges for water, garbage and refuse collection. All such charges may be billed upon the same bill. Pursuant to California Health and Safety Code Section 5473, the city council may by separate ordinance, provide that such charges be collected on the tax roll, together with, and not separately from, its general taxes.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647667", "number": "§ 33.04.040", "title": "Persons responsible for the payment of charges.", "text": "The owner of any building, structure, premises or real property which has available for use with respect to a connection into the sewer system of the city, shall be responsible for the sewer charges pertaining to such property. Where more than one person owns the property, or any interest therein, each such owner shall be responsible jointly and severally for all of such charges irrespective of the relative rights as between themselves.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647668", "number": "§ 33.04.050", "title": "Charges and related regulations for wastewater utility services.", "text": "Charges and related regulations for wastewater utility services shall be established and may be amended from time to time, by resolution of the city council.The base rate is the fixed component of the sewer rate, which includes a monthly base service charge (per account), and a monthly fixed service charge (per residential unit). Commercial customers do not pay the fixed service charge, but instead pay a higher volumetric charge, to better account for varying uses and demands on the sewer system. The variable charge is based on the average of the previous year's water use for the months of November through February (winter water usage) measured in hundreds of cubic feet (ccf) and multiplied by the established variable rateFor commercial customers, if no previous use is available, the variable rate established for a similar commercial customer may be used. If more than one user class is supplied by one meter, the highest user class factor will be used to compute the total rate. For industrial uses, the rate will be calculated via the rates established by city council and/or on an individual basis.(a)(1) Residential sanitary sewer monthly cap (ccf) if winter water use exceeds this maximum. The cap shall be effective 10-1-2017 and shall remain in force until amended.Customer CategoryMonthly Cap (ccf)Single-Family24Condo19Duplex36Triplex56Quadplex765+ units19 ccf/unitMobile Home Park19 ccf/unit(a)(2) Rates for premises outside the city.(1) The rates to be charged for city sanitary sewer furnished to individual premises outside the city shall be the same as those established for premises within the city.(2) In those cases where, by special agreement with the county, service is provided to areas outside the city through systems within a county service area, the rates to be charged shall be the same as city customers or as per agreements.", "history": "(Ord. 2403 § 1, 2013; Ord. 2508 § 1, 2017; Ord. 2654 § 3, 2024)" }, { "guid": "44647673", "number": "§ 33.04.060", "title": "Review of charges.", "text": "(a) A property owner may request a review of charges for his or her property only if the charges do not reflect the appropriate charge for the use classification consistent with Section 33.04.050. The general manager shall conduct the review and then make a recommendation to the city manager, who shall determine the correct use classification following a review of the recommendation.(b) The request shall be submitted to the general manager. The general manager shall make a recommendation to the city manager not less than thirty days following the date of submission of the request.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647676", "number": "§ 33.04.070", "title": "Due date of charges—Delinquent accounts.", "text": "All bills shall become due and payable on the 28th day of each calendar month and shall become delinquent thereafter, if not paid.", "history": "(Ord. 2403 § 1, 2013; Ord. 2560 § 3, 2019)" }, { "guid": "44647677", "number": "§ 33.04.080", "title": "Commencement of liability for charges for new buildings.", "text": "(a) Single-family residence. Liability for charges under this article shall commence with respect to new single-family residences upon occupancy or issuance of a temporary occupancy permit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be bimonthly in advance.(b) Multiple buildings including duplexes. Liabilities for new charges under this article shall commence with respect to new multiple buildings upon occupancy of any unit or the issuance of a permit for temporary occupancy of any unit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be bimonthly in advance.(c) Commercial and industrial buildings. Liabilities for charges under this article shall commence with respect to new commercial and industrial buildings upon occupancy or upon the issuance of a permit for temporary occupancy of any unit by the city building official, whichever first occurs, and prior to actual occupancy. Billing shall be bimonthly in advance.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647681", "number": "§ 33.04.090", "title": "No credit, refund, etc., for vacancy.", "text": "No credit, adjustment or refund will be made to any customer because the premises, or any part thereof, are vacant.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647682", "number": "§ 33.04.100", "title": "Billing procedures.", "text": "Without altering the liability of the owner as elsewhere provided in this article, the billing procedure shall be as follows:(a) For all single-family dwellings, duplexes, multiple-family units, mobile homes and other residential units, the billing shall be to the owner of the parcel as on the recorded deed.(b) For commercial or industrial properties, the billing may be mailed to the person specified by the owner of the parcel, and if not specified, then to the owner of the parcel.(c) The provisions of this article notwithstanding, the preexisting rates specified in advanced billings of the city finance department, mailed to customers prior to the adoption of new billing rates, shall be the effective rates for any accounts for which such advanced billings have been made.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647686", "number": "§ 33.04.110", "title": "Authority of city to inspect premises and obtain information.", "text": "(a) City personnel authorized by the city manager are hereby given the power and authority to enter upon and within any premises for the purpose of ascertaining the nature of such premises, the type of activities carried on therein, the number of plumbing fixtures situated therein, and any other facts or information reasonably necessary to ascertain the applicability of any sewer service and use charges to such premises, or the amount of such charges. In particular, such personnel may take readings of water meters where such charges are based upon the amount of water consumed or used in such premises.(b) Personnel authorized by the city manager may require any sewer user to give, under oath, such information as is necessary to determine the proper sewer rates to be made to such sewer user. Should such sewer user refuse to give such information then in addition to any other authority that the general manager has under this Code, the general manager shall determine the rates to be charged to the sewer user consistent with the provisions of Section 33.04.050, subject to modification by the city manager on application of such sewer user pursuant to Section 33.04.060.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647689", "number": "§ 33.04.120", "title": "Remedies of city, penalties, etc., concerning collection charges.", "text": "(a) The remedies provided herein shall be in addition to all other remedies authorized by law, and the enumeration of certain remedies shall not preclude the application of any other remedies not herein enumerated.(b) The charge imposed by this article shall be a civil debt owing to the city from the person responsible for its payment, and the city may institute action in any court of competent jurisdiction to collect such debt, together with applicable penalties, interest, costs and other expenses.(c) The basic penalty for nonpayment of the charges within the time and in the manner prescribed herein shall be ten percent of the total charges accrued.(d) The city shall include a statement on its bill to each property owner in substantially the following form:\"Charges for sewer service and facilities shall constitute a lien against the lot or parcel of land against which the charge is imposed if said charges remain delinquent for sixty days.\"Pursuant to such notice, such charges shall become a lien against the lot or parcel of land against which the charges were imposed if such charges remain delinquent for a period of sixty days. The city shall cause to be recorded with the county recorder all such delinquent charges, and when so recorded, such charges shall have the force, effect and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647694", "number": "§ 33.04.130", "title": "Refunds.", "text": "When any refund becomes due and owing by virtue of action of the city council or by virtue of any error made in ascertaining the charge applicable to any customer, the city's finance director is authorized to make such refund and to expend such public money from the specific fund established for the deposit of sewer service and use charges.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647695", "number": "§ 33.04.140", "title": "Notice to general manager as to pending street grading, excavation, etc.—Charges for damages.", "text": "All persons who open, grade, regrade, fill, excavate or work a street shall give ten days' written notice to the general manager for the removal or displacement of any sewer mains, pipes, fittings, meters or other sewer works materials which may interfere with such street work; and on failure to furnish such notice, any damage resulting from such failure shall be charged against the person responsible.", "history": "(Ord. 2403 § 1, 2013)" } ] }, { "guid": "44647696", "title": "DISCHARGE OF HAULED LIQUID WASTE", "number": "33.06", "url": "https://ecode360.com/44647696", "sha256": "4a211ffc6ecd503ccb7b8fa499c5735a871b7e7768fa337740a411565f03224a", "exportedArticleSha256": "bf9249cd8adbd16a5675280a187a532bf31a75a446bfd9fb66aa297c1baf2e6d", "sections": [ { "guid": "44647697", "number": "§ 33.06.010", "title": "Prohibition of hauled liquid waste.", "text": "It is the intent of this article to regulate and monitor the discharge and disposal of liquid wastes to insure that no type of waste is disposed at the POTW except for residential septic tank waste, verified holding tank waste, and permitted nonhazardous commercial waste, as those terms are defined in this article.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647698", "number": "§ 33.06.020", "title": "Definitions.", "text": "Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section:Citymeans the City of Davis.General managermeans the general manager of the city's public works department or designee or authorized representative. Any action that may be taken by the general manager may be undertaken by the general manager's designee, unless specified otherwise.Permitted nonhazardous commercial wastemeans wastewater that is not residential septic tank waste or verified holding tank waste, that is produced by a business or commercial enterprise, that is nonhazardous, and that is not currently discharged into the city's sewer system.Residential septic tank wastemeans any domestic or residential waste collected from a domestic septic storage tank.Verified holding tank wastemeans any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.WWTPmeans the city wastewater treatment plant.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647705", "number": "§ 33.06.030", "title": "Hauled liquid waste discharge permit.", "text": "(a) Permit required. It is unlawful for any person to deliver to or discharge into the WWTP any liquid waste of any kind except as authorized by a hauled liquid waste discharge permit issued to that person by the general manager in accordance with the provisions of this article.(b) Application. Any person desiring to deliver or discharge liquid waste into the WWTP shall first complete and file with the city an application in the form prescribed by the city, accompanied by any required fees and attachments. As part of the application, the applicant must provide the following information:(1) Certified copies of the applicant's registration with the Yolo County Health Department under Section 25000 of the Yolo County Health Code;(2) Vehicle registration numbers for each vehicle the applicant intends to use to transport waste to the WWTP;(3) The amount of liquid waste the applicant has the capacity to deliver to or discharge into the WWTP;(4) Any other information required by the general manager as necessary to determine whether a hauled liquid waste discharge permit should be approved and issued.(c) Issuance of permit.(1) Following evaluation of the application, the general manager shall approve the application for a hauled liquid waste discharge permit if he or she finds that the application meets the requirements of this article and that there is sufficient capacity in the WWTP to accommodate the projected amount of liquid waste.(2) If the general manager denies the application, the applicant may appeal the general manager's determination to the city manager. Appeals must be filed with the city manager within ten days of notification of the general manager's determination. Determinations of the general manager that are not appealed within ten days following notification of that decision shall be final. Upon the timely filing of an appeal, the city manager shall review the general manager's determination for compliance with the provisions of this article and shall affirm, reverse or modify the general manager's determination. The city manager may hold a public hearing on the appeal if he or she deems it necessary to further the public interest. The determination of the city manager shall be final.(3) Upon approval of an application for a hauled liquid waste discharge permit by the general manager or the city manager, the permit shall be issued upon the applicant/permittee submitting the following to the general manager within thirty days of approval of the application. The submittals shall be subject to the approval of the general manager. Failure to submit the following within thirty days of approval of the application shall render the permit null and void.(A) The permittee shall post with the city and maintain in full force and effect during the term of the hauled liquid waste discharge permit a cash bond or a corporate surety bond in the sum of one thousand dollars, in a form approved by the city attorney and conditioned upon the faithful performance by the permittee of all provisions required to be performed and complied with by the hauled liquid wastes discharge permit and this article.(B) The permittee shall, at his or her sole cost and expense, obtain and maintain in full force and affect the following policies of insurance:(i) Public liability and property damage insurance insuring the permittee against claims for personal injury and property damage, (including motor vehicle coverage) which may arise by reason of the nature of the work or from the operations conducted under this article by the permittee, his or her officers, employees, and all other persons engaged to conduct such operations thereby.(ii) A separate policy or policies naming the city and its officers and employees as sole insureds, insuring against all operations conducted by, for, or on behalf of the permittee, and insuring against the omissions and supervisory acts of the city and its officers and employees with respect to the operations. This policy shall provide or contain an endorsement that the coverage afforded thereby shall be primary coverage to the full extent of liability stated in the declarations, and that if the city or its officers or employees have other insurance against the loss covered by said policy, such other insurance shall be excess insurance only.Each of the policies required by this article shall provide coverage in the following minimum amounts: For personal injury (including death) one hundred thousand dollars per person, three hundred thousand dollars for more than one person, per occurrence; property damage fifty thousand dollars on account of any one occurrence, with an aggregate limit of not less than two hundred thousand dollars for any policy year.Each such policy shall bear an endorsement precluding cancellation or reduction in coverage unless not less than ten days prior thereto, written notice is given by the insurer to: City Clerk, City Hall, 23 Russell Boulevard, Davis, California 95616.Permittee shall cause to be filed with the general manager prior to issuance of a hauled liquid waste discharge permit a certificate of insurance issued by the insurer evidencing the policy required under paragraph (3)(B)(i) of this subsection, and the original policy required under paragraph (3)(B)(ii) of this subsection. Not less than ten days prior to the effective date of cancellation, expiration or other termination of each such policy, the permittee shall cause replacement coverage to be filed with the general manager. The general manager shall file with the city clerk all certificates and insurance policies received pursuant to this article.(d) Mandatory permit conditions. All hauled liquid waste discharge permits shall be subject to all provisions of this article, any fees and user charges established by the city, and all other applicable federal, state and local statutes, ordinances and regulations. All hauled liquid waste discharge permits shall also be subject to the following conditions:(1) No holder of a hauled liquid waste discharge permit shall transport to the WWTP any waste for delivery or discharge that is not one of the following:(A) Residential septic tank waste which was produced within the area bounded by County Road 27 on the north, the Yolo Bypass on the east, County Road 92 on the west, and the Yolo County boundary line on the south;(B) Verified holding tank waste which was produced within the area bounded by County Road 27 on the north, the Yolo Bypass on the east, County Road 92 on the west, and the Yolo County boundary line on the south; or(C) Permitted nonhazardous commercial waste which was produced within the boundaries of the city.Except for those types of waste listed in paragraphs (1)(A), (B), and (C) of this subsection, no other form or source of waste, including any type of industrial waste, hazardous waste, or sewerage treatment plant or water plant sludges, shall be delivered to or discharged into the WWTP.(2) No vehicle shall be allowed to transport waste to the WWTP for delivery or discharge except those vehicles identified in the application for the hauled liquid waste discharge permit and thereby registered to deliver and discharge waste pursuant to the hauled liquid waste discharge permit, or any other vehicle subsequently registered with the general manager. A copy of the hauled liquid waste discharge permit shall be carried with each vehicle allowed to transport liquid waste to the WWTP.(3) Any vehicle allowed to transport liquid waste to the WWTP shall bear in four-inch letters on the side of the vehicle the name and address of the holder of the hauled liquid waste discharge permit and the vehicle's capacity for holding liquid waste.(4) The guarantees of performance and insurance, as required by this article as conditions of issuance of the hauled liquid waste discharge permit, shall be and remain in full force and effect during the life of the permit.(5) No hauled liquid waste discharge permit shall be transferable or assignable to any other person or entity. All hauled liquid waste discharge permits shall be personal to the applicant who applied for, and was awarded the permit.(6) No hauled liquid waste discharge permit shall be valid for a period of time longer than one year following its date of issuance. Applications for any subsequent hauled liquid waste discharge permits shall be filed with the general manager no earlier than ninety days prior to the expiration of any valid hauled liquid waste discharge permit.(7) The general manager or the city may modify any term or condition of a hauled liquid waste discharge permit without notice and on temporary basis when necessary to correct operational problems at the WWTP.(8) The applicant/permittee agrees by accepting the permit that he or she shall be responsible and held liable for any act or omission by him or herself, or by his or her employees, drivers, or agents, that occurs in the exercise and use of the hauled liquid waste discharge permit, including, but not limited to, the delivery or discharge of waste at the WWTP.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647732", "number": "§ 33.06.040", "title": "Delivery and discharge of liquid waste.", "text": "(a) No holder of a hauled liquid waste discharge permit shall deliver or discharge waste at the WWTP without first delivering to the city prior to the delivery or discharge, written certification of the source amount and character of the waste to be delivered or discharged. This information shall be provided to the city at the WWTP on the approved waste hauler discharge manifest form. This form shall include the following information:(1) The name of the holder and the number of the holder's approved and issued hauled liquid waste discharge permit;(2) Source, date, time and volume of collection;(3) The customer's name and the street address and city of the property where waste was collected;(4) Description of type and amount of waste to be collected. The driver must notify the city if any load has unusual characteristics containing greater than average concentrations of dirt, rock, grease, oil, or other substances;(5) Name and signature of driver/operator.(b) Upon arrival at the WWTP, the driver shall present to the city employee at the WWTP the copy of the hauled liquid waste discharge permit carried in that vehicle and the waste hauler discharge manifest form completed for that particular delivery or discharge. The driver shall also log the load prior to discharge or delivery. All information shall be printed neatly and legibly. Information shall include:(1) Date and time of discharge;(2) Discharger's company name, and capacity of truck in gallons;(3) Customer name, address, and city or area;(4) Type of waste for billing purposes;(5) Driver's signature;(6) Vehicle registration number.The driver shall wash down the area after discharge is complete, and shall follow all instructions issued by the city while at the WWTP.(c) Fees shall be charged for each delivery or discharge. Fees shall be based on the size of the truck and on the amount of liquid waste delivered or discharged. Trucks shall be considered full and charged fees according to their rated capacity. All fees and charges shall be invoiced, and are due immediately and payable upon deposit of invoice in the United States mail. All fees and charges shall be paid at the office of the director of finance, City Hall, 23 Russell Boulevard, Davis, California 95616. Fees and charges are delinquent if payment is not received on or before the fifth day immediately following the date when due and payable. All delinquent payments of fees and charges shall be subject to a basic penalty equaling ten percent of the amount past due. In addition to the basic penalty, a penalty equaling one-half of one percent per month shall be assessed for nonpayment of fees.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647747", "number": "§ 33.06.050", "title": "Monitoring compliance.", "text": "The general manager shall monitor compliance with the provisions of this article. This monitoring shall include taking samples of liquid waste delivered to or discharged at the WWTP. The point of compliance for sample monitoring shall be the discharge line of the vehicle. Trucks shall be sampled on a regular basis but not less than monthly. Sample monitoring dates shall be posted in the waste hauler's log by WWTP staff. WWTP staff shall notify drivers of their intent to sample prior to discharge of a load so that a representative sample may be obtained.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647748", "number": "§ 33.06.060", "title": "Regulations and fees.", "text": "(a) The general manager shall adopt rules, regulations, standards, and procedures implementing the requirements of this article, including, but not limited to, operation of the discharge site by holders of hauled liquid waste discharge permits, and shall make such rules and regulations readily available to the public.(b) Permit fees and discharge and delivery fees shall be set annually by resolution of the city council.", "history": "(Ord. 2403 § 1, 2013)" }, { "guid": "44647751", "number": "§ 33.06.070", "title": "Enforcement of this article.", "text": "(a) It is unlawful for any person to fail to comply with any provision of this article, or any standard, requirement, or written rule, regulation, or procedure promulgated by the general manager. Any person who delivers or discharges any type of waste at the WWTP without first obtaining a hauled liquid waste discharge permit, or in any other manner violates a provision of this article or of the general manager's regulations or a condition of a duly issued hauled liquid waste discharge permit shall be guilty of a misdemeanor, punishable as provided for in state law.(b) The general manager may upon reasonable notice and hearing suspend or revoke a hauled liquid waste discharge permit and/or proceed to recover on the security or bond posted by the holder of a hauled liquid waste discharge permit if the general manager determines that the holder of the permit has:(1) Supplied false information in his or her permit application;(2) Failed to maintain in full force the bonds and insurance required by this article;(3) Personally or through any employee or other person engaged to do so, delivered or discharged any substance other than those allowed by this article;(4) Disposed of any waste in an unlawful manner;(5) Violated any applicable federal, state, county or city law, statute, ordinance, regulation, standard or requirement;(6) Failed to maintain an unrevoked registration for disposal of septic tank cleanings under California Health and Safety Code Section 25000 et seq.;(7) Failed to comply with any or all of the provisions of this article;(8) Failed to pay, before delinquent, any fee or charge due.(c) At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. After the hearing, the general manager shall make a written decision setting forth findings and actions. The general manager's decision shall then be served upon the holder of the hauled liquid waste discharge permit, and shall be final ten days after service.(d) Decisions of the general manager pursuant to this section may be appealed to the city manager pursuant to the procedures contained in Section 33.06.030(c)(2) of this article.(e) The remedies provided to the city in this article are cumulative and not exclusive, and are in addition to whatever other remedies may be provided to the city at common law or by federal, state, or city law, statute or ordinance. Each person shall remain personally liable for any obligation or liability incurred under this article to the extent that bond proceeds are insufficient to satisfy the same.(f) The general manager may immediately suspend any hauled liquid waste discharge permit due to emergency circumstances or if necessary for the safe operation of the WWTP.", "history": "(Ord. 2403 § 1, 2013)" } ] }, { "guid": "44647785", "title": "GENERAL PROVISIONS", "number": "34.01", "url": "https://ecode360.com/44647785", "sha256": "45a71570d50181b9b4b58e680945cdfc0c89976f6734bb63f31412b9a1ac67f9", "exportedArticleSha256": "6aa55262b938469f76a03f6c73689b9def61696ccb103f53831326170d6d3a01", "sections": [ { "guid": "44647786", "number": "§ 34.01.010", "title": "Purpose.", "text": "The purpose of this chapter is to protect the public health and welfare by regulating smoking in public places and places of employment and to strike a reasonable balance between the desires of persons who smoke and the need of nonsmokers to breathe smoke-free air, to treat e-cigarettes in the same manner as conventional cigarettes and tobacco products, and to recognize that, where these conflict, the need to breathe smoke-free air shall have priority.", "history": "(Ord. 1682 § 2; Ord. 2437 § 1, 2014)" }, { "guid": "44647787", "number": "§ 34.01.020", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases have the following meaning:Barmeans an area in which the serving of food is only incidental to the consumption of alcoholic beverages. The term bar shall not include an adjacent restaurant dining area when meals are being served.Businessmeans any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities under which professional services are delivered.Dining areameans any enclosed area containing a counter or tables upon which meals are served.E-cigarettemeans any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen or under any other product name or descriptor.Employeemeans any person who is employed by any employer for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporary or contracted for from a third party; employee also means any person who serves as a volunteer for a business or nonprofit entity.Employermeans any person, business, or nonprofit entity which employs the services of one or more persons, and includes the city.Enclosedmeans closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress.Mallmeans any enclosed public walkway or hall area which serves to connect retail or professional establishments.Nonprofit entitymeans any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a nonprofit entity within the meaning of this chapter.Parking garagesmeans a structure, whether or not enclosed and including unenclosed top levels, where members of the general public park their cars.Place of employmentmeans any enclosed area under the control of an employer which employees normally frequent during the course of employment.Private clubmeans a privately owned or operated facility used for social or recreational purposes where entry into, and use of, the facility is restricted to members and guests of members.Public placemeans any enclosed area to which the public is invited or in which the public is permitted.Restaurantmeans any eating establishment, organization, club, boardinghouse or guesthouse which gives or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions, except that the term restaurant shall not include bar.Service linemeans any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.Smokingmeans inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, hookah, weed, plant, or other combustible substance in any manner or in any form. Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.Sports arenameans an enclosed sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.Work area or workplacemeans any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.", "history": "(Ord. 1682 § 2; Ord. 1688 §§ 1, 2; Ord. 2437 § 2, 2014)" }, { "guid": "44647806", "number": "§ 34.01.030", "title": "Other applicable laws.", "text": "This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.", "history": "(Ord. 1682 § 2)" } ] }, { "guid": "44647807", "title": "GENERAL RESTRICTIONS", "number": "34.02", "url": "https://ecode360.com/44647807", "sha256": "febaa26bea2d757eb49836929aeaaa3783b01d5e54d8ff69e4ef56d621203c71", "exportedArticleSha256": "5a5bef826c2b34e01ac7ccc366e298606d9b49b95eccd11af6c75a7fe1dc0bc4", "sections": [ { "guid": "44647808", "number": "§ 34.02.010", "title": "Prohibition of smoking in places accessible to the general public.", "text": "Smoking shall be prohibited in the following public places and other public places similarly situated, including, but not limited to, the following areas:(a) All enclosed areas available to and customarily used by the general public and all areas of business establishments generally accessible to the public, including, but not limited to, the public area of retail stores, banks, and other offices;(b) Elevators, escalators, and stairways;(c) Public restrooms;(d) Service lines;(e) Buses and other means of public transit directly provided by or provided under contract to the city;(f) All reception and waiting areas;(g) Galleries, libraries and museums;(h) Within any facility which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;(i) Sports arenas and convention halls;(j) Video arcades, bingo parlors, cardrooms, game rooms, poolhalls, dancehalls, and other amusement centers;(k) Child day care facilities as defined in the California Health and Safety Code and private residences while used as a family day care home;(l) Rooms, chambers, or other enclosed areas where a meeting is being held which is or can be attended by the general public;(m) Retail food marketing establishments, including grocery stores and supermarkets;(n) Restaurants including those in private clubs;(o) Restaurant-bar combinations including those in private clubs;(p) Bars including those in private clubs;(q) Theater-bar combinations;(r) Laundromats;(s) Beauty shop and barbershops;(t) Common areas in apartment buildings, condominiums, retirement facilities, and nursing homes;(u) Malls;(v) Polling places;(w) Enclosed areas which share the air space, including, but not limited to, air conditioning, heating, or other ventilation systems, entries, doorways, hallways, and stairways, with other enclosed areas in which smoking is prohibited;(x) Smoking shall be prohibited in the following outdoor areas, and smoking, except while passing on the way to another destination, shall be prohibited within twenty feet of or close enough to the following areas for smoke to travel into an area or building, where smoking is prohibited, whichever is greater:(1) Public events including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants and fairs,(2) Seating provided by eating establishments and bars,(3) Entrances and exits to enclosed public areas,(4) Within the entryway of any enclosed public area,(5) Stairways,(6) Within courtyards and other areas where air circulation may be impeded by architectural, landscaping or other barriers,(7) Areas not open to the sky,(8) Any place where people are using or waiting for a service, entry, or a transaction, including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands,(9) Any place where food and/or drink is offered for sale,(10) Children's play areas,(11) Public gardens,(12) Open windows of any enclosed public area,(13) Public parks and greenbelts,(14) Any other area owned or used by the city which is dedicated to passive or active recreation, as posted,(15) The area in downtown Davis known as \"E Street Plaza,\" which is bordered to the west by E Street, to the south by a City of Davis parking lot, and to the north and west by commercial buildings,(16) The area in downtown Davis known as \"E Street Plaza Parking Lot,\" which is bordered to the west by E Street, to the south by commercial buildings, to the north by the E Street Plaza and commercial buildings, and to the east by F Street,(17) The area in downtown Davis known as the \"North F Street Parking Lot,\" which is bordered to the west by E Street, to the south by commercial buildings, to the north by commercial buildings, and to the east by F Street,(18) The area in downtown Davis known as the \"South G Street Parking Lot,\" which is bordered to the west by G Street, to the south by commercial buildings, to the north by commercial buildings, and to the east by commercial buildings,(19) The area in downtown Davis known as the \"North G Street Parking Lot,\" which is bordered to the west by G Street, to the south by a private parking lot and commercial buildings, to the north by commercial buildings, and to the east by commercial buildings;(20) The entirety of the area in downtown Davis along G Street, which is bordered to the north by 3rd Street and the south by 2nd Street, inclusive of all sidewalk, street and parking areas.(y) Parking garages.", "history": "(Ord. 1682 § 2; Ord. 2460 § 2, 2015; Ord. 2642 § 2, 2023; Ord. 2678, 11/4/2025)" }, { "guid": "44647853", "number": "§ 34.02.020", "title": "Regulation of smoking in places of employment.", "text": "(a) It shall be the responsibility of employers to provide a smoke-free workplace for all employees.(b) Within ninety days of the effective date of the ordinance codified in this article, each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirement:Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.(c) The smoking policy shall be communicated to all employees within three weeks of its adoption.(d) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.(e) No later than January 1, 2015, each employer is expected to incorporate e-cigarettes into its written employee smoking policy.", "history": "(Ord. 1682 § 2; Ord. 2437 § 3, 2014)" }, { "guid": "44647859", "number": "§ 34.02.025", "title": "Smoking marijuana and marijuana products.", "text": "(a) In addition to all those places where smoking is prohibited as set forth in this Article 34.02, smoking marijuana or marijuana products is expressly prohibited in all of the following places:(1) All enclosed areas to which the public is invited or permitted;(2) In or upon all property owned, leased, or occupied by the city, expressly including any public park, street, sidewalk, bike path, greenbelt, alley, highway, off-street public parking lot or structure; and(3) Any private parking lot, if such parking lot is posted with a sign prohibiting smoking or posted with a sign prohibiting marijuana smoking.(b) The prohibitions set forth in this section apply regardless of whether a person is simply passing through or on the way to another destination, such as walking or riding on a street or sidewalk, so long as the person smoking marijuana or marijuana products is in or upon any of the places where smoking is prohibited by this article.(c) This section shall be construed broadly, to the extent authorized by law, to effectuate the purpose of providing a smoke- and drug-free environment in places where the public, and particularly children, may be exposed to unwanted and potentially harmful second-hand smoke. The restrictions set forth in the section are in addition to, and not exclusive of, any other restrictions set forth in any other state or local law or regulation.(d) For purposes of this section \"marijuana\" and \"marijuana products\" shall mean the adult use of marijuana for non-medical, recreational purposes, as authorized by applicable state law. This section shall not apply to smoking of medical marijuana or medical cannabis by qualified patients pursuant to state law, provided that such smoking of medical marijuana is still subject to all other smoking restrictions set forth in this Article 34.02.", "history": "(Ord. 2489 § 3, 2016)" }, { "guid": "44647867", "number": "§ 34.02.030", "title": "Nonretaliation.", "text": "No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free workplace afforded by this chapter.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647868", "number": "§ 34.02.040", "title": "Restriction of smoking in hotels and motels.", "text": "Seventy-five percent of the rooms in any hotel or motel shall be maintained as fixed nonsmoking rooms.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647869", "number": "§ 34.02.050", "title": "Posting of signs—General.", "text": "(a) Indoor sign requirements. \"Smoking\" or \"Nonsmoking\" signs whichever are appropriate, with letters of not less than one inch in height, or the international \"No Smoking\" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly posted at or near all entrances and sufficiently and conspicuously posted at other appropriate locations in every building or other place where smoking is regulated by this chapter by the owner, operator, manager or other person having control of such building or other place. Signs which have been removed shall be replaced within five working days.(b) Outdoor sign requirements. No smoking signs with letters of not less than one inch in height, or the international \"No Smoking\" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted at or near the entry in every building or other place where smoking is regulated by this chapter by the owner, operator, manager or other person having control of such building or other place and in every outdoor area.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647872", "number": "§ 34.02.060", "title": "Posting of signs—Additional requirements for theater operators.", "text": "Every theater owner, manager or operator shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each featured motion picture.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647873", "number": "§ 34.02.070", "title": "Posting of signs—Additional requirements for hotels and motels.", "text": "Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designed as being nonsmoking shall have signs designating such restriction conspicuously placed within the room.", "history": "(Ord. 1682 § 2)" } ] }, { "guid": "44647874", "title": "ENFORCEMENT", "number": "34.03", "url": "https://ecode360.com/44647874", "sha256": "27e0c873963989438dc50bd89647f80741bc6d040ff3512c9fc8e9c85f30e94e", "exportedArticleSha256": "71d5da39429202a405e8db7da07fa9156dbdd61da7e1b7f5af80203e5d22d258", "sections": [ { "guid": "44647875", "number": "§ 34.03.010", "title": "Enforcement.", "text": "Enforcement of this chapter shall be implemented by the city manager or designee.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647876", "number": "§ 34.03.020", "title": "Registration of complaints.", "text": "Any citizen, employee or business patron who desires to register a complaint under this chapter may initiate enforcement with the city manager or designee.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647877", "number": "§ 34.03.030", "title": "Inspection.", "text": "As part of any fire department inspection, the fire department shall require a \"self-certification\" from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647878", "number": "§ 34.03.040", "title": "Authority to inform.", "text": "Any owner, manager or authorized agent of any establishment regulated by this chapter may, and is encouraged to, inform persons violating this chapter of the appropriate provisions thereof.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647879", "number": "§ 34.03.050", "title": "Limited responsibility of businesses.", "text": "The owner, operator, or manager of a business shall not be responsible for violations of this chapter within their premises by patrons or citizens, provided that such patrons or citizens have been adequately informed that their actions may be in violation of the law. Any owner, operator or manager of a business shall have adequately informed patrons or citizens if he or she has posted the premises in accordance with this chapter. This limitation shall not apply to employees of such businesses.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647880", "number": "§ 34.03.060", "title": "Enforcement rights of citizens.", "text": "Notwithstanding any provision of this chapter, a private citizen may bring legal action to enforce this chapter.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647881", "number": "§ 34.03.070", "title": "Responsible party.", "text": "It shall be unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647882", "number": "§ 34.03.080", "title": "Smoking where prohibited.", "text": "It is unlawful for any person to smoke in any area where such action is restricted by this chapter.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647883", "number": "§ 34.03.090", "title": "Penalties.", "text": "Any person who violates any provision of this chapter shall be subject to a citation and:(a) Upon the first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed fifty dollars;(b) Upon the second violation within one year shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed two hundred dollars;(c) Upon the third and additional violations within one year shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed five hundred dollars per conviction.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647887", "number": "§ 34.03.100", "title": "Citation authority.", "text": "The city manager or designees shall have the authority to issue citations for violation of this chapter, however, such individuals shall not have the powers of a police officer in performing their duties under this chapter. The police chief and police officers, and the fire department shall also have the authority to issue citations for violation of this chapter.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647888", "number": "§ 34.03.110", "title": "Power to adopt more restrictive smoking policies.", "text": "Notwithstanding any other provisions of this chapter, any owner, operator, manager, employer, or other person who controls any establishment or place of employment regulated by this chapter, may adopt policies relating to smoking which are more restrictive than those provided herein.", "history": "(Ord. 1682 § 2)" }, { "guid": "44647889", "number": "§ 34.03.120", "title": "Governmental agency cooperation.", "text": "The city manager shall encourage other governmental agencies having facilities within the city to comply voluntarily with this article.", "history": "(Ord. 1682 § 2)" } ] }, { "guid": "44647890", "title": "SALE OF TOBACCO AND E-CIGARETTES; SALE OF TOBACCO AND E-CIGARETTES FROM VENDING MACHINES PROHIBITED", "number": "34.04", "url": "https://ecode360.com/44647890", "sha256": "e766b1b4708e1e44eb982174937122d4cd3a0f8478e7f2d66e1e1764cf92b2a9", "exportedArticleSha256": "2a0d5d822cf6bd2df6b902f9719b005fac2ec24abe64410b7f4703db7a19d5f7", "sections": [ { "guid": "44647891", "number": "§ 34.04.010", "title": "Purpose.", "text": "The purpose of this article is to implement a strict and enforceable system to regulate the sale of cigarettes, other tobacco products and e-cigarettes.", "history": "(Ord. 1633 § 1; Ord. 2437 § 4, 2014)" }, { "guid": "44647892", "number": "§ 34.04.020", "title": "Identification required.", "text": "No person shall sell or permit to be sold cigarettes, other tobacco products or e-cigarettes to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some other conclusive basis for determining the buyer's age.", "history": "(Ord. 1633 § 1; Ord. 2437 § 4, 2014; Ord. 2678, 11/4/2025)" }, { "guid": "44647893", "number": "§ 34.04.030", "title": "Vending machine sales prohibited.", "text": "Thirty days after the effective date of the ordinance codified in this article, no cigarette, other tobacco product, or e-cigarette may be sold, offered for sale or distributed by or from a vending machine or appliance, or any other device designed or used for vending purposes.", "history": "(Ord. 1633 § 1; Ord. 2437 § 4, 2014)" }, { "guid": "44647894", "number": "§ 34.04.040", "title": "Out of package sales prohibited.", "text": "It is unlawful to sell cigarettes out of the manufacturer's package with required health warnings.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647895", "number": "§ 34.04.050", "title": "Enforcement.", "text": "Enforcement of this article shall be implemented by the city manager or designee, the city attorney, and the police department.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647896", "number": "§ 34.04.060", "title": "Registration of complaints.", "text": "Any citizen, employee, or business patron who desires to register a complaint under this article may initiate enforcement with the city manager or designee, or the police department. Complaints must be submitted in writing and signed by the complainant.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647897", "number": "§ 34.04.070", "title": "Enforcement rights of citizens.", "text": "Notwithstanding any provision of this article, a private citizen may bring legal action to enforce this article.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647898", "number": "§ 34.04.080", "title": "Responsible party.", "text": "It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to the restrictions of this article to fail to comply with its provisions.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647899", "number": "§ 34.04.090", "title": "Penalties.", "text": "Any person who violates any provision of this article shall be subject to citations and:(a) Upon a first violation shall receive an official notice of warning from the city manager or designee;(b) Upon a second violation within one year shall be guilty of an infraction and punishable as infractions are punishable under state law;(c) Upon a third violation and additional violations within one year shall be guilty of a misdemeanor and punishable as misdemeanors are punishable under state law.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647903", "number": "§ 34.04.100", "title": "Citation authority.", "text": "The city manager or designees shall have the authority to issue citations for violations of this article; however, such individuals shall not have the powers of a police officer in performing their duties under this article. The police chief and police officers shall also have the authority to issue citations for violations of this article.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647904", "number": "§ 34.04.110", "title": "Informal warnings.", "text": "The city manager or designee may issue informal warnings to violators of this article prior to taking action pursuant to Sections 34.04.090 and 34.04.100 of this article.", "history": "(Ord. 1633 § 1)" }, { "guid": "44647905", "number": "§ 34.04.120", "title": "Hardship relief.", "text": "No later than thirty days after the effective date of the ordinance codified in this article, any person who contends that the provisions of this article prohibiting cigarette vending machines will cause a substantial financial hardship on that person because he or she has not recovered his investment in the cigarette vending machine or because of a contractual obligation to maintain the cigarette vending machine in operation within the city may apply to the city manager for an exemption from the provisions of this article to permit the use of the vending machine beyond the time period in which the use of the vending machine must be discontinued. The city manager or his designee may grant an extension of time to such person provided that:(a) In the case of a contractual obligation to maintain a cigarette vending machine, the extension of time shall not extend beyond the earliest date on which the contractual obligation may be terminated.(b) In the case of financial hardship based on failure to recover the applicant's investment, the extension of time shall not be granted unless the city manager finds that: (1) the owner of the vending machine has no practical way to recover his or her investment other than continued use of the vending machine within the city as a cigarette vending machine; and (2) the investment not yet recovered exceeds ten percent of the cost of the machine. An extension granted under this section shall be for that additional time estimated to be necessary to all recovery of the owner's investment but in no event longer than one year.The person applying for the extension shall bear the burden of proof on each issue. The city manager shall issue a written decision within thirty days of the date of the application. The decision of the city manager may be appealed to the city council within ten calendar days of the date of the city manager's decision. The city council shall review the appeal and city manager's decision and may confirm or modify the city manager's decision. The decision of the city council shall be final.", "history": "(Ord. 1633 § 1)" } ] }, { "guid": "44647908", "title": "SALE OF CIGARETTES, TOBACCO OR E-CIGARETTES; SELF-SERVICE SALES PROHIBITED", "number": "34.05", "url": "https://ecode360.com/44647908", "sha256": "2eb97944dbc01a281e92b5d8f4f4e23aa1678db4834a72dac75c88d5ea12a759", "exportedArticleSha256": "b859d46d3434c84fb3a53380ea9b1c75c121f173563a9204ab5fb09b91fc3363", "sections": [ { "guid": "44647909", "number": "§ 34.05.010", "title": "Self-service sales prohibited.", "text": "It shall be unlawful to sell cigarettes, other tobacco products or e-cigarettes by means of a self-service display rack or shelf that allows for self-service sales by any means other than vendor or employee assisted sales.", "history": "(Ord. 2016 § 1, 2000; Ord. 2437 § 5, 2014)" }, { "guid": "44647910", "number": "§ 34.05.020", "title": "Vendor or employee assistance required.", "text": "All cigarettes, other tobacco products or e-cigarettes shall be displayed and offered for sale exclusively by means of vendor or employee assistance, with cigarettes, other tobacco products or e-cigarettes in a location which requires vendor or employee assistance to retrieve the product.", "history": "(Ord. 2016 § 1, 2000; Ord. 2437 § 5, 2014)" } ] }, { "guid": "44647911", "title": "TOBACCO RETAILER PERMIT", "number": "34.06", "url": "https://ecode360.com/44647911", "sha256": "5837a0893711e254debe6074a8a0cad675782112f907cc98e2c50f8e7ab04131", "exportedArticleSha256": "155a6251e292e22e7318ca6a26914e983f9e08816d78c2b96c05ab8f2e996acf", "sections": [ { "guid": "44647912", "number": "§ 34.06.010", "title": "Adoption of Yolo County Code relating to tobacco retailer permits.", "text": "(a) Title 6, Chapter 15 of the Yolo County Code, pertaining to tobacco retailer permits, and a copy of which is on file in the office of city clerk is hereby adopted, except for Sections 6.15.04, 6.15.10(b)(2), and 6.15.15(f)(1)(A)(ii), by reference into this Code and shall be enforced within the limits of the city. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this article except as modified hereinafter.(b) All references to the term \"unincorporated areas of the County of Yolo\" in Title 6, Chapter 15 of the Yolo County Code shall be to the term \"city limits.\" All references to the term \"chapter\" in Title 6, Chapter 15 of the Yolo County Code shall be to the term \"article.\" All references to the term \"Code\" in Title 6, Chapter 15 of the Yolo County Code shall be to the Davis Municipal Code. The reference to the term \"county\" in Section 6-15.07(c) of the Yolo County Code shall be to the term \"city.\" The reference to the term \"County of Yolo\" in Section 6-15.15(f) of the Yolo County Code shall be to the term \"city.\" The reference to the term \"board of supervisors of the County of Yolo\" in Section 6-15.16 of the Yolo County Code shall be to the term \"city council.", "history": "(Ord. 2576 § 1, 2020)" }, { "guid": "44647915", "number": "§ 34.06.020", "title": "Particular tobacco retailer permit regulations.", "text": "(a) Section 6-15.02 is amended to add a new definition for \"characterizing flavor,\" with all other definitions to be renumbered and read as follows:Arm's Length Transactionmeans a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter, is not an Arm's Length Transaction.Characterizing Flavormeans a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to menthol, mint, winter-green, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.Cigarmeans: (1) any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or (2) any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products. For the purposes of this subsection, \"cigar\" includes, but is not limited to, tobacco products known or labeled as \"cigar,\" \"cigarillo,\" \"tiparillo,\" or \"little cigar.\"Departmentmeans the Department of Health and Human Services.Directorshall mean the Director of the Department of Health and Human Services or her/his written designee.Electronic smoking devicemeans an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. \"Electronic smoking device\" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.Flavored Tobacco Productmeans any Tobacco Product that contains a constituent that imparts a characterizing flavor to the tobacco product or smoke produced by the tobacco product, either by the addition of artificial or natural flavors or an herb or spice, including menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee.Personmeans any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.Proprietormeans a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business.Self-Service Displaymeans the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display.Significant Tobacco Retailermeans any Tobacco Retailer whose principal or core business is selling Tobacco Products, Tobacco Paraphernalia, or both, as evidenced by any of the following: (i) 20% or more of floor area and display area is devoted to the sale or exchange of Tobacco products, Tobacco Paraphernalia, or both; (ii) 50% or more of completed sales transactions include a Tobacco Product or Tobacco Paraphernalia; or (iii) 67% or more of gross sales receipts are derived from the sale or exchange of Tobacco Products, Tobacco Paraphernalia, or both.Smokingmeans possessing a lighted Tobacco Product, lighted Tobacco Paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), or the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).Tobacco Paraphernaliameans cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, preparation, storing, consumption or ingestion of Tobacco Products.Tobacco Productmeans: (1) any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; (2) 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 introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence; and (3) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah;Tobacco Retailermeans any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia, or who distributes free or low cost samples of Tobacco Products or Tobacco Paraphernalia, without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold or offered for sale, exchanged or offered for exchange, or distributed or offered for distribution. \"Tobacco Retailing\" means the doing of any of these things.Tobacco Retailing Permit Hearing Authority or Hearing Authoritymeans one or more persons assigned by the County Administrative Officer the responsibility of conducting a hearing pursuant to this Chapter, and may hereafter be referred to as the Hearing Authority. The County Administrative Officer shall assign hearing responsibility to any of the following: (1) County management personnel whom the County Administrative Officer finds to be qualified by training and experience to conduct such hearings; (2) any person(s) qualified by training or experience whom the County Administrative Officer may employ or who are retained by contract to conduct such hearings; or (3) Administrative Law Judges assigned by the State Office of Administrative Hearings. The County Administrative Officer is hereby authorized to contract in the name of the County for the retention of hearing services at rates that do not exceed the financial limitations established by the County's annual budget and contracting rules, regulations and policies.Vending Machinemeans a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.(b) Section 6-15.12, regarding permit revocations, shall read as follows:Sec. 6-15.12. Revocation of Permit.(a) In addition to any other penalty authorized by law, a Tobacco Retailer's Permit shall be revoked if any court of competent jurisdiction determines, or if the Director finds after the Tobacco Retailer or Permittee is afforded notice and an opportunity to be heard, that the Tobacco Retailer or Permittee, or any of the Tobacco Retailer's or Permittee's officers, agents or employees, has violated any of the requirements, conditions, or prohibitions of this Article or, in a different legal proceeding, has pleaded guilty, \"no contest\" or its equivalent, or admitted to, a violation of any law designated in Section 6-15.10.(b) A Tobacco Retailer's Permit shall be revoked if the Department finds, after the Permittee is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a Permit under Section 6-15.07 existed at the time the Permit application was submitted or at any time thereafter and before the Permit issued. The revocation shall be without prejudice to the filing of a new Permit application.(c) A decision to revoke a Permit is appealable to the Tobacco Retailing Permit Hearing Authority pursuant to Section 6-15.13. If such an appeal is made within the time provided in that Section, it shall stay enforcement of the appealed action.(d) A notice of revocation shall be personally served on, or sent by certified mail to, the Permit holder. The notice shall state the basis of the Department's determination(s) and the revocation, and shall include an advisement of the right to appeal as set forth in Section 6-15.13.(e) During the period that any permit is revoked, the Proprietor shall prominently display a notice advising the public of the revocation, in the form and in the manner designated by the Department.(f) After revocation pursuant to subsection (a) above, a new permit may be issued only in accordance with the following:(1) After revocation for a first violation of this Article at any location within any 60 month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than 10 days have passed from the date of revocation.(2) After revocation for a second violation of this Article at any location within any 60 month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than 90 days have passed from the date of revocation.(3) After revocation for a third violation of this Article at any location within any 60 month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than one year has passed from the date of revocation.(4) After revocation for four or more violations of this Article at any location within any 60 month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than five years have passed from the date of revocation.(c) Section 6-15.14, regarding enforcement and violations, shall read as follows:Sec. 6-15.14. Enforcement: Tobacco Retailing Without a Permit; Tobacco Retailing in Violation of Article.(a) In addition to any other penalty authorized by law, if the Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for or be issued a Tobacco Retailing license for that location as follows:(1) After a first violation of this Article at a location within any 60 month period, no license may issue for the Person at the location until not less than 30 days have passed from the date of the violation.(2) After a second violation of this Article at a location within any 60 month period, no license may issue for the Person at the location until not less than 90 days have passed from the date of the violation.(3) After of a third or subsequent violation of this Article at a location within any 60 month period, no license may issue for the Person at the location until not less than five years have passed from the date of the violation.(b) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this Article are subject to seizure by the Department or any peace officer, and shall be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice by the Department and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this Article. The decision by the Department may be appealed pursuant to the procedures set forth in Section 6-15.13. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed.(c) Each day after the effective date of this Article on which Tobacco Products or Tobacco Paraphernalia are offered for sale in violation of this Article shall constitute a violation of this Article separate and apart from any other violation of this Article.(d) For a first or second alleged violation of this Article within any 60 month period, the Director may engage in settlement negotiations and, with the City Attorney's concurrence, may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Article without approval from the City Council. Notice of any settlement shall be provided to the Board, and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:(1) After a first alleged violation of this Article at a location within any 60 month period:(A) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations;(B) An agreement to stop acting as a Tobacco Retailer for at least one day; and;(C) A settlement payment to the City of at least $1,000.(2) After a second alleged violation of this Article at a location within any 60 month period:(A) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations;(B) An agreement to stop acting as a Tobacco Retailer for at least 10 days; and(C) A settlement payment to the City of at least $5,000.(d) Section 6-15.15, regarding additional enforcement regulations, shall read as follows:Sec. 6-15.15 Additional Enforcement.(a) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall also constitute a violation of this Article.(b) Violations of this Article may, in the discretion of the District Attorney, be prosecuted as criminal infractions or misdemeanors.(c) Violations of this Article are subject to a civil action brought by the District Attorney, punishable as follows:(1) A fine not less than $250 and not exceeding $1,000 for a first violation in any 60 month period;(2) A fine not less than $1,000 and not exceeding $2,500 for a second violation in any 60 month period; or(3) A fine not less than $2,500 and not exceeding $5,000 for a third or subsequent violation in any 60 month period.(d) Any violation of this Article is hereby declared to be a public nuisance as well as a private nuisance that is presumed to at least nominally damage each and every resident of the community in which the business operates.(e) In addition to other remedies provided by this Article or by other law, any violation of this Article may be remedied by a civil action brought by the District Attorney, including but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.(f) Any Person, including the C, acting for the interests of itself, its members, or the general public (hereinafter \"the Private Enforcer\") may bring a civil action to enforce this Article.(1) Upon proof of a violation, a court shall award to the Private Enforcer the following:(A) Damages in the amount of either:(i) Upon proof, actual damages; or(ii) With insufficient or no proof of the amount of actual damages, $500 for each violation of this Article (hereinafter \"Statutory Damages\"). Unless otherwise specified in this Article, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Article, no Private Enforcer suing on behalf of the general public shall recover Statutory Damages based upon a violation of this Article if a previous claim brought on behalf of the general public for Statutory Damages and based upon the same violation has been adjudicated, whether or not the Private Enforcer was a party to that adjudication.(B) Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health.(C) Injunctive Relief.(i) Notwithstanding any legal or equitable bar against a Private Enforcer seeking relief on his/her/its own behalf, a Private Enforcer may bring an action to enforce this Article solely on behalf of the general public. When a Private Enforcer brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the Private Enforcer from bringing a subsequent action based upon the same facts but seeking relief on the Private Enforcer's own behalf.(ii) Nothing in this Article shall prohibit the Private Enforcer from bringing an action in small claims court to enforce this Article, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of small claims court as set forth in California Code of Civil Procedure Section 116.220.(g) Whenever evidence of a violation of this Article is obtained in any part through the participation of a Person under the age of 18 years old, such a Person shall not be required (but shall be permitted) to appear or give testimony in any civil or administrative process brought to enforce this Article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.(h) The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.(i) Any peace officer may enforce the penal provisions of this Article.", "history": "(Ord. 2576 § 1, 2020)" } ] }, { "guid": "44647985", "title": "IN GENERAL", "number": "35.01", "url": "https://ecode360.com/44647985", "sha256": "93548cfac5587ef7163e7cbb231fc571654bd21c94713943fc264f09f6292d0a", "exportedArticleSha256": "d034a48ff55d11a26e84f348dc4d08c3afac04f7c4f9a38a111e696a8da41ec3", "sections": [ { "guid": "44647986", "number": "§ 35.01.010", "title": "Official grade map adopted.", "text": "That certain grade map, entitled \"Official Grade Map of Davis,\" compiled and prepared by the county surveyor, and filed with the clerk of this city on May 21, 1923, is hereby adopted as the official grade map of the city.", "history": "(Code 1964 § 9-3.01)" }, { "guid": "44647987", "number": "§ 35.01.020", "title": "Obstructing street or sidewalk prohibited.", "text": "It shall be unlawful for any person to place upon any sidewalk or street or part thereof in the city, or to allow to stand or remain for an unreasonable length of time upon that portion of the sidewalk or street or part thereof within the city immediately abutting, traversing, or existing in front of such person's real property or premises, any building, fence, vehicle, engine, piece of machinery, merchandise or other article or thing of any nature, including debris such as soil, gravel, tree litter (including leaves, fruit or seeds), moss, grass clippings or other loose or slippery material, which may obstruct the use and enjoyment of the street or sidewalk or which shall be detrimental to the appearance or public safety of the street or sidewalk.", "history": "(Code 1964 § 7-7.01; Ord. 2021 §1, 2000)" }, { "guid": "44647988", "number": "§ 35.01.030", "title": "Obstructions deemed nuisance—Removal of obstructions.", "text": "Any violation of Section 35.01.020 is hereby declared to be a public nuisance and may be subject to abatement by any means provided by law, including the remedies provided by Chapter 23 of this Code.", "history": "(Code 1964 § 7-7.02; 2021 § 2, 2000)" }, { "guid": "44647989", "number": "§ 35.01.040", "title": "Encroachment permits.", "text": "(a) Public Works Director Approval. Upon proper written application, the public works director may grant a revocable permit for the construction and maintenance of planter boxes, planting areas, bicycle parking, and benches on public sidewalks and for the construction and maintenance of awnings and similar appurtenances to buildings over the public sidewalks so long as the public works director finds that the same are situated and constructed so that the public's use of the sidewalk and street is not obstructed or otherwise made hazardous. Unless expressly provided otherwise, this section shall not apply to food and beverage establishments utilizing urban open spaces for outdoor dining as permitted by the City's Downtown Outdoor Dining Program.(1) With respect to awnings, signs, shade structures, and similar appurtenances that are not subject to an approved downtown outdoor dining license pursuant to Section 40.14.120, the public works director may grant such revocable permit only if the appurtenance has been approved by the fire department and the community development department. The public works director may establish standards for clearance over the sidewalk and projection distance into the public right-of-way provided such standards are equal to or more restrictive than those standards imposed by the Uniform Building Code as adopted by the city. The granting of such permit may include conditions reasonably necessary for the protection of the public safety and welfare including, but not limited to, a provision that in the event the appurtenance is not properly maintained, the city may require removal of the same at the expense of the permittee.(2) With respect to planter boxes, planting areas, bicycle parking and benches, the public works director may grant such revocable permit upon the conditions as may be necessary for the protection of the public safety and welfare, including, but not limited to, a provision that in the event any object constructed or any area planted pursuant to such a permit is not properly maintained, the city may require the same to be removed and the sidewalk restored to its original condition at the expense of the permittee.(3) With respect to portable signs, the public works director may grant such revocable permit upon demonstration by the applicant that the following conditions are met:(A) The proposed size, materials, and location of the sign have received approval from the community development department as consistent with the requirements of the zoning ordinance through a sign permit;(B) The sign will be placed in a manner that the public's use of the sidewalk street is not obstructed or otherwise made hazardous;(C) The owner of the sign maintains insurance and agrees to indemnify the city for any losses which occur by reason of the portable sign;(D) Any other conditions as may be necessary for protection of the public safety and welfare have been, or will be, met.A portable sign placed on the public right-of-way in accordance with this section shall display evidence of the permit upon the sign in a location and manner prescribed by the public works director.(4) With respect to awnings, signs, shade structures, and similar appurtenances in connection with a downtown outdoor dining license, an encroachment permit shall not be required unless the object traverses over or projects into Zone B, as defined by Section 40.14.120(b) of this code.(5) Any person aggrieved by the action of the public works director pursuant to this section may appeal such action to the city council as provided in Article 40.35 of Chapter 40 of this Code.", "history": "(Ord. 413 § 1; Ord. 453 § 1; Ord. 887 § 1; Ord. 1429 § 2; Ord. 1948 § 1; Ord. 2668, 11/12/2024; Ord. 2694, 9/15/2026)" }, { "guid": "44647999", "number": "§ 35.01.050", "title": "Wire and ropes across street.", "text": "No person shall run or stretch or maintain through, any wire cable, rope or cord, along or across any street, alley or parking area of less height than eighteen feet or across any sidewalk or civic space of less height than ten feet as set forth in the California Electrical Code Article 230.24, as may be amended. Any wire cable, rope or cord stretched along or across any portion of the public right-of-way, or the laying of underground pipes or connectors, shall obtain the permission of the public works director. Any such wire cable, rope or cord stretched less than the minimum height from the ground is hereby declared a nuisance. It shall be the duty of the chief of police to give reasonable notice to any person having or maintaining or stretching wires, cables, ropes or cords, or having caused the same to be stretched in any street or public place, contrary to the provisions of this section, to remove the same. In case of failure to remove, the chief of police may remove such wire or other obstruction, or prosecute such person willfully maintaining the same, or may both remove and prosecute.", "history": "(Code 1964 § 7-8.108; Ord. 2668, 11/12/2024; Ord. 2694, 9/15/2026)" }, { "guid": "44648000", "number": "§ 35.01.060", "title": "Street use permits.", "text": "(a) Upon proper written application on a form prescribed by the city, the police chief may grant a revocable permit for the temporary closing or use of any portion of any street for celebrations, local special events, and other purposes when, in the opinion of the police chief, the closing or regulated use is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing and/or use.(b) Any person aggrieved by the action of the police chief pursuant to this section may, within five business days of the decision of the police chief, appeal the police chief's determination to the city manager.", "history": "(Ord. 2458 § 1, 2015)" } ] }, { "guid": "44648003", "title": "SIDEWALK, DRIVEWAY, CURB, ETC., CONSTRUCTION", "number": "35.02", "url": "https://ecode360.com/44648003", "sha256": "01e7d11710601a867f0025c6bdbf57fccf20e6df6df6a80a2ffa01821eba370f", "exportedArticleSha256": "9944c715d15f91fe0d7e13bcfc4225067004678fb5d0c5884bfedee0a5c8b66f", "sections": [ { "guid": "44648004", "number": "§ 35.02.010", "title": "Required when building constructed.", "text": "Any person who constructs or causes to be constructed any building or dwelling in the city shall construct curbs, gutters, sidewalks and streets in accordance with the city specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs, gutters, sidewalks or streets already exist; provided, that in areas not subdivided or parceled into lots of one-half acre or less, such curbs, gutters, sidewalks and streets already exist shall be determined in each instance by the public works department, and an endorsement to that effect shall be made upon each building permit at the time it is issued.The building inspector shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or dwelling unless such curbs, gutters, sidewalks and streets exist, are constructed or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the public works department.", "history": "(Code 1964 § 5-5.103)" }, { "guid": "44648005", "number": "§ 35.02.020", "title": "Permit required.", "text": "No person shall construct or maintain or cause to be constructed or maintained any sidewalk, curb, gutter or driveway across any public sidewalk or curbing or driveway apron in the city without first obtaining a permit therefor from the public works director.", "history": "(Code 1964 § 5-5.201)" }, { "guid": "44648006", "number": "§ 35.02.030", "title": "Standards generally.", "text": "All construction of sidewalks, curbs, gutters, driveways or driveway aprons across public property shall be done in a good and workmanlike manner and in conformity with the construction standards and detail design drawings for such work on file in the office of the city clerk.", "history": "(Code 1964 § 5-5.202)" }, { "guid": "44648007", "number": "§ 35.02.040", "title": "Driveways—Limitation on width and number.", "text": "No driveway across public sidewalks, etc., shall exceed twelve feet in width and only one such driveway shall be permitted for any one parcel of land; except, that such width limit and the limitation on the number of driveways may be increased upon the recommendation of the public works director and approval by the city manager.", "history": "(Code 1964 § 5-5.203)" }, { "guid": "44648008", "number": "§ 35.02.050", "title": "Driveways—Location.", "text": "Driveways shall not be constructed within four feet of any street crosswalk.", "history": "(Code 1964 § 5-5.204)" }, { "guid": "44648009", "number": "§ 35.02.060", "title": "Driveways—Distance between.", "text": "Where two or more adjoining driveways are provided on the same property, there shall be maintained an island between the driveways of at least twenty-four feet measured along the outer or street edge of the sidewalk between the driveways.", "history": "(Code 1964 § 5-5.205)" }, { "guid": "44648010", "number": "§ 35.02.070", "title": "Driveways—Apron.", "text": "No driveway apron shall extend out into the street further than the face of the curb and under no circumstances shall such driveway apron obstruction or extension extend into the gutter area.", "history": "(Code 1964 § 55.206)" }, { "guid": "44648011", "number": "§ 35.02.080", "title": "Repair of damaged Portland cement surfaces.", "text": "Portland cement concrete surfaces damaged by the permittee shall be replaced or cleaned and ground to a smooth appearance.", "history": "(Code 1964 § 5-5.207)" }, { "guid": "44648012", "number": "§ 35.02.090", "title": "Applicability of article to existing driveway.", "text": "Any existing driveway violating any of the provisions of this article shall be altered to conform to the article whenever in the judgment of the city council the public interest, convenience or safety requires such alteration; provided, that the owner of the premises affected shall be afforded an opportunity for a hearing prior to any such alteration being ordered by the city council. The owner shall be provided at least five days' notice of such hearing in writing, which shall be mailed to such owner by the city clerk to his or her last known address. Failure of the city clerk to mail such notice shall not affect the jurisdiction of the city council to order such work. Following such hearing the city council shall have jurisdiction to order such work done as noticed and the owner shall have ten days thereafter within which to commence the work and a reasonable time thereafter to complete the same. In the event that the work is not commenced by such owner within such period, the public works director shall cause the same to be done and upon completion thereof the cost bill shall be filed by the public works director in the office of the city clerk, and billed to the owner thereby. If the bill is not paid into the city treasury within sixty days thereafter, the same shall become a lien upon the real property affected or benefited by the improvement and shall be a charge against such property on the tax roll and collected at the time and in the manner the general city taxes are collected and shall bear like penalties and carry like interest charges for delinquencies.", "history": "(Code 1964 § 5-5.208)" } ] }, { "guid": "44648013", "title": "EXCAVATIONS", "number": "35.03", "url": "https://ecode360.com/44648013", "sha256": "ac7fd5f0f2b7ccf194ddc8ba3878de15a6d636223ba824af3d2b8661bb602605", "exportedArticleSha256": "3b842c7b75d1450ca1c00734246d234ba4e4043e5b702115f63996d70cc2fe1c", "sections": [ { "guid": "44648014", "number": "§ 35.03.010", "title": "Permit required; exception.", "text": "No person shall make, cause or permit to be made any excavation in or trader the surface of any public street, alley, sidewalk or other public place for any purpose without first obtaining from the public works director a written permit to make such excavation. The permit shall contain a time limit within which the work shall be completed. Any contractor performing work under a contract with the city shall comply with the terms of his contract and specifications for that work, and shall not be subject to the provisions of this article.", "history": "(Code 1964 § 5-5.301)" }, { "guid": "44648015", "number": "§ 35.03.020", "title": "Deposit required.", "text": "Prior to obtaining a permit under this article, a deposit to cover the cost of inspection and of restoring such public street, alley, sidewalk or other public place to its original condition together with the incidental expenses therewith shall be made.A schedule of deposits required shall be prepared by the public works director, approved by the city manager and placed on file in the office of the city clerk.Deposits shall not be required of any public utility or political subdivision but all other provisions of this article shall apply. Inspection costs for public utilities and political subdivisions shall be determined in the same manner as for private parties, and payment thereof shall be made upon request by the city.", "history": "(Code 1964 §§ 5-5.303, 5-5.304)" }, { "guid": "44648016", "number": "§ 35.03.030", "title": "Excavation and restoration standards generally.", "text": "All excavation and restoration of improvements shall be done in a good and workmanlike manner and in conformity with the construction standards and detail design drawings for such work on file in the office of the city clerk. All improvements damaged, disturbed or removed during the progress of the work shall be restored or replaced to the satisfaction of the public works director.", "history": "(Code 1964 § 5-5.302)" }, { "guid": "44648017", "number": "§ 35.03.040", "title": "Completion of work.", "text": "After the work has been started it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is approved by the public works director.", "history": "(Code 1964 § 5-5.305)" }, { "guid": "44648018", "number": "§ 35.03.050", "title": "Safety protection for public.", "text": "During the performance of the work the permittee shall provide and maintain any barricades, signs, flares, lights, flagger or watchperson necessary to insure full and complete safety by the general public.", "history": "(Code 1964 § 5-5.306)" }, { "guid": "44648019", "number": "§ 35.03.060", "title": "Inspections.", "text": "All work done by the permittee shall be inspected by the city and the permittee shall pay the city for such inspection. Costs for this shall be included in the schedule referred to in Section 35.03.020.", "history": "(Code 1964 § 5-5.307)" }, { "guid": "44648020", "number": "§ 35.03.070", "title": "Repair of damaged Portland cement surfaces.", "text": "Portland cement concrete surfaces disfigured or damaged by the permittee shall be replaced or cleaned and ground to a smooth and uniform appearance.", "history": "(Code 1964 § 5-5.308)" }, { "guid": "44648021", "number": "§ 35.03.080", "title": "Responsibility for damages, injuries, etc.", "text": "The permittee shall be responsible for all claims and liabilities proximately arising out of work performed under the permit. The permittee shall and by acceptance of a permit under this article, agree to defend, indemnify and hold harmless the city, its officers and employees, from and against all suits, claims or actions brought by any person for or on account of any bodily injuries, disease or illness or damage to persons or property, or both, sustained or proximately arising in the construction of this work performed under the permit.", "history": "(Code 1964 § 5-5.310)" }, { "guid": "44648022", "number": "§ 35.03.090", "title": "Public inconvenience to be minimized.", "text": "All work shall be programmed as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mail boxes, fire hydrants, water gates, valves and other public structures and property as may be required for emergency use. Such public structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working shall be confined so as not to obstruct the roadways and walks unnecessarily. Temporary roadways, driveways and walks for pedestrians and vehicles shall be constructed when required by the public works director.", "history": "(Code 1964 § 5-5.311)" }, { "guid": "44648023", "number": "§ 35.03.100", "title": "Emergency repairs by public utilities.", "text": "Public utilities may excavate within city streets, alleys, sidewalks or other public places for the purpose of making repairs in cases of emergency requiring immediate action. In such cases, the public works director shall be immediately notified of such action and the public utility, at its own expense, shall replace the street, alley, sidewalk or other public place in as good condition as before excavation and as soon as is feasible.", "history": "(Code 1964 § 5-5.312)" }, { "guid": "44648024", "number": "§ 35.03.110", "title": "Enforcement of article.", "text": "All excavations, refilling of excavations and repairing of street surfaces pursuant to this article shall be made to the satisfaction of the public works director. It shall be the duty of the public works director to enforce the provisions of this article.", "history": "(Code 1964 § 5-5.309)" }, { "guid": "44648025", "number": "§ 35.03.111", "title": "Coordination of excavations.", "text": "(a) Any owner installing facilities providing water, sewer, stormwater drainage, gas, electric, communication, video or other utility services in city streets shall participate in quarterly meetings with City of Davis public works staff and prepare a utility master plan, in a format specified by the American Public Works Association (APWA) Utility Committee, that shows all of the owner's planned major utility work in city streets for the coming year. Prior to applying for an excavation permit, any owner planning to excavate in city streets shall coordinate, to the extent practicable, with other owners to minimize damage to, and avoid undue disruption and interference with, the public use of city streets.(b) Whenever applicants propose construction work that involves cutting or excavation of pavement within the city street in the same block, the department shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction. Such work may be conditioned to require the applicants to participate in a single excavation and pay their pro rata share of applicable fees and costs. Applicants may seek a waiver of the joint excavation requirements with respect to a particular excavation. Within thirty days of receipt of a written request for a waiver, the director shall render a decision upon such a request, considering the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official city policy, and the public health, safety, welfare, and convenience.", "history": "(Ord. 2640 § 1, 2023)" } ] }, { "guid": "44648028", "title": "PARADES", "number": "35.04", "url": "https://ecode360.com/44648028", "sha256": "3c67ef9421a950ee7ae6f6edce8ab791f153969657d2207371c6b44ac668a914", "exportedArticleSha256": "81ebe49a9c5f545555e3ca7476185657f6e12328ee90632e777a36c6c8cba0c3", "sections": [ { "guid": "44648029", "number": "§ 35.04.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Parade.Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the city.Parade permit.A permit as required by this article.", "history": "(Code 1964 § 7-4.101)" }, { "guid": "44648032", "number": "§ 35.04.020", "title": "Permit—Required—Exception.", "text": "No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police; except, that this article shall not apply to funeral processions.", "history": "(Code 1964 § 7-4.102)" }, { "guid": "44648033", "number": "§ 35.04.030", "title": "Permit—Application.", "text": "A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.", "history": "(Code 1964 § 7-4.103)" }, { "guid": "44648034", "number": "§ 35.04.040", "title": "Permit application—Time for filing.", "text": "An application for a parade permit shall be filed with the chief of police not less than forty-eight hours nor more than thirty days before the date on which it is proposed to conduct the parade.", "history": "(Code 1964 § 7-4.104)" }, { "guid": "44648035", "number": "§ 35.04.050", "title": "Permit application—Late filing.", "text": "The chief of police, where good cause is shown therefor, shall have the authority to consider and approve any application hereunder which is filed less than forty-eight hours before the date such parade is proposed to be conducted.", "history": "(Code 1964 § 7-4.105)" }, { "guid": "44648036", "number": "§ 35.04.060", "title": "Permit application—Contents.", "text": "The application for a parade permit shall set forth the following information:(a) The name, address and telephone number of the person seeking to conduct such parade.(b) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.(c) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.(d) The date when the parade is to be conducted.(e) The route to be traveled, the starting point and the termination point.(f) The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals and description of the vehicles.(g) The times when such parade will start and terminate.(h) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.(i) The location by streets of any assembly areas for such parade.(j) The time at which units of the parade will begin to assemble at any such assembly area or areas.(k) The interval of space to be maintained between units of such parade.(l) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.(m) Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.", "history": "(Code 1964 § 7-4.106)" }, { "guid": "44648050", "number": "§ 35.04.070", "title": "Permit—Issuance.", "text": "The chief of police shall issue a permit as provided for under this article when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that.(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.(b) The concentration of persons, animals and vehicles to assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.(c) The conduct of such parade will not interfere with the movement of fire fighting equipment en route to a fire.(d) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.(e) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.", "history": "(Code 1964 § 7-4.107)" }, { "guid": "44648056", "number": "§ 35.04.080", "title": "Permit—Notice of rejection.", "text": "The chief of police shall act upon the application for a parade permit within twenty-four hours after the filing thereof. If the chief of police disapproves the application, he or she shall mail to the applicant within three days after the date upon which the application was filed, a notice of his action, stating the reasons for his or her denial of the permit.", "history": "(Code 1964 § 7-4.108)" }, { "guid": "44648057", "number": "§ 35.04.090", "title": "Permit—Contents.", "text": "Each parade permit shall state the following information:(a) Starting time.(b) Minimum speed.(c) Maximum speed.(d) Maximum interval of space to be maintained between the units of the parade.(e) The portions of the streets to be traversed that may be occupied by the parade.(f) The maximum length of the parade in miles or fractions thereof.(g) Such other information as the chief of police shall find necessary to the enforcement of this article.", "history": "(Code 1964 § 7-4.112)" }, { "guid": "44648065", "number": "§ 35.04.100", "title": "Permit—Sending copies to certain city officers.", "text": "Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:(a) City manager.(b) Fire chief.", "history": "(Code 1964 § 7-4.111)" }, { "guid": "44648068", "number": "§ 35.04.110", "title": "Permit—Revocation.", "text": "The chief of police shall have the authority to revoke a parade permit issued under this article upon application of the standards for issuance as set forth in this article.", "history": "(Code 1964 § 7-4.116)" }, { "guid": "44648069", "number": "§ 35.04.120", "title": "Alternative permit.", "text": "The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this article.", "history": "(Code 1964 § 7-4.110)" }, { "guid": "44648070", "number": "§ 35.04.130", "title": "Appeals.", "text": "Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The appeal must be taken within ten days after notice. The city council shall act at its next meeting.", "history": "(Code 1964 § 7-4,109)" }, { "guid": "44648071", "number": "§ 35.04.140", "title": "Duties of permittee.", "text": "A permittee under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances and the parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.", "history": "(Code 1964 § 7-4.113)" }, { "guid": "44648072", "number": "§ 35.04.150", "title": "Public conduct.", "text": "(a) No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade and no driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. Conduct prohibited under this section includes the propulsion, release or throwing of any object towards any person, vehicle or animal participating or used in a parade without the person's express consent.(b) A violation of subsection (a) of this section shall constitute an infraction, punishable in accordance with the punishments prescribed for an infraction in Government Code Section 36900 and may also be punishable by confiscation of the object used in violation of this section at the scene of the infraction.", "history": "(Code 1964 § 7-4.114; Ord. 2164 § 2, 2005)" }, { "guid": "44648075", "number": "§ 35.04.160", "title": "Parking along parade route.", "text": "The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.", "history": "(Code 1964 § 7-4.115)" } ] }, { "guid": "44648076", "title": "STREET LIGHTING", "number": "35.05", "url": "https://ecode360.com/44648076", "sha256": "bb649e1d166e904a331aa9de687b15c14e367274433395230583ff083adb118d", "exportedArticleSha256": "db5276132847666e8180c2648c832e065379247430f57c699748432820023c75", "sections": [ { "guid": "44648077", "number": "§ 35.05.010", "title": "Declaration of policy.", "text": "The city council hereby declares that the provision of street lighting is essential for provision of general traffic safety and for the security and safety of persons and property within the city.", "history": "(Ord. 953 § 1; Ord. 966 § 1)" }, { "guid": "44648078", "number": "§ 35.05.020", "title": "Authorization to charge for the costs of street lighting.", "text": "Rates and charges for the provision of street lighting may be established by resolution of the city council. When such rates and charges are established, it is the intent of the council that they shall be billed and collected from the same persons and in the same manner as are refuse and garbage, water and sewer fees and charges.", "history": "(Ord. 953 § 1; Ord. 966 § 1)" }, { "guid": "44648079", "number": "§ 35.05.030", "title": "Special charges.", "text": "The city council may direct the public works director to make charges for lighting other than or different from the rates established by resolution in the event that special circumstances make special charges reasonable and fair.", "history": "(Ord. 953 § 1; Ord. 966 § 1)" }, { "guid": "44648080", "number": "§ 35.05.040", "title": "Disposition of revenue—Establishment of depository fund.", "text": "Revenues derived under the provisions of this article shall be used only for street lighting systems in the following categories:(a) Cost of maintenance and operation;(b) Replacement and upgrading of existing systems; and(c) Improvements deemed necessary by the city council.A specific fund shall be established for the deposit and disbursement of the funds collected under this article.", "history": "(Ord. 953 § 1; Ord. 966 § 1)" } ] }, { "guid": "44648084", "title": "PICKETING OF PRIVATE RESIDENCES", "number": "35.06", "url": "https://ecode360.com/44648084", "sha256": "62d0e526581749fb74deda92160a11c47ded02879e3bf654827df4460c34ed71", "exportedArticleSha256": "97637be6f7f93c3e5a702af611c289ce55a85b58bfc740de6aa831f2e13fbd84", "sections": [ { "guid": "44648085", "number": "§ 35.06.010", "title": "Declaration of intent.", "text": "In enacting this article, the city council finds and declares as follows:(a) Protecting the well-being, tranquility, and privacy of the home is a significant government interest;(b) A special benefit of the privacy all citizens enjoy within their residences is an ability to avoid intrusions and unwanted speech;(c) Picketers who focus upon a particular residence or dwelling generally do not seek to disseminate a message to the general public, but instead seek to harass and intrude upon the targeted resident, and to do so in an especially offensive way;(d) Even if such picketers have a broader communicative purpose, their activity and medium of expression inherently and offensively intrude on residential privacy;(e) Such picketing also obstructs and interferes with the free and safe use of public sidewalks and public ways of travel;(f) Without resort to picketing before or about the residence or dwelling of an individual, ample alternative channels of communication exist, and will continue to exist under the terms and provisions of this article, for the exercise of constitutional rights of speech and assembly;(g) The purpose of this article is to protect and preserve the home by insuring that residents of the city can enjoy in their homes and dwellings a feeling of well-being, tranquility and privacy. It is also the purpose of this article to protect the free and safe use of public sidewalks and public ways of travel.", "history": "(Ord. 1668 § 1)" }, { "guid": "44648093", "number": "§ 35.06.020", "title": "Picketing of private residences prohibited—Fines.", "text": "(a) It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual, where such picketing is focused on that particular residence or dwelling.(b) Violations of this section shall constitute a misdemeanor punishable by a fine or imprisonment, or both. A fine shall not exceed one thousand dollars. Imprisonment shall not exceed six months.", "history": "(Ord. 1668 § 1)" } ] }, { "guid": "44648096", "title": "MORATORIUM ON EXCAVATIONS ON NEWLY IMPROVED STREETS", "number": "35.07", "url": "https://ecode360.com/44648096", "sha256": "30d6ccb9f3ed2a4a3fee75c7c5fb0514b2fa5253a27c1d967ab0d48370511caa", "exportedArticleSha256": "31b67d2119d217b1999002641918d83024014cbb632a94d4cf82b6734162ff6c", "sections": [ { "guid": "44648097", "number": "§ 35.07.010", "title": "Definitions.", "text": "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:Excavationmeans any cutting of streets and removing material in order to repair or replace underground facilities.Moratoriummeans a period of time when no excavations may occur in the street.", "history": "(Ord. 2589 § 2, 2020)" }, { "guid": "44648100", "number": "§ 35.07.020", "title": "Street cut moratorium.", "text": "Except as otherwise provided in Section 35.07.030, it is unlawful for any person to cut or open the surface of a public street that has been newly constructed, reconstructed, overlaid, or improved within the previous sixty months (five years) and twenty-four months (two years) for recently slurry or cape sealed streets, commencing from the date of acceptance of the improvements.", "history": "(Ord. 2589 § 2, 2020)" }, { "guid": "44648101", "number": "§ 35.07.030", "title": "Exemptions.", "text": "The moratorium set forth in Section 35.07.020 shall not apply to the following:(a) Emergency excavations that are: immediately necessary to protect life or property; an urgency affecting the health and welfare of the city's residents or businesses occurs; or in the case of failed pipelines or utility services, that affect public security or public safety.(b) Repairs or modifications that are necessary to prevent interruption of essential utility service, or excavations necessary to provide utility service for buildings where no other reasonable means of providing service exists.(c) Work that is mandated by city, state, or federal law.(d) Excavations, as determined by the city engineer necessary for situations in which no other alternatives to cutting a street subject to the moratorium exist. When granting exceptions, the city engineer may impose reasonable conditions to ensure the rapid and complete restoration of the street and the surface paving.(e) If a street subject to the moratorium is cut for any reason, the extent of required repairs for the damages caused by such cut are outlined in Section 35.07.50, or as determined by the city engineer. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short-term complications, the city engineer may order a delay, or the posting of bonds, to ensure completion of the work when proper conditions allow for the restoration work. Alternatively, the city engineer may approve direct payment to the city to cover the cost of restoration. This payment shall be based on the most recent bids for pavement restoration work.", "history": "(Ord. 2589 § 2, 2020)" }, { "guid": "44648107", "number": "§ 35.07.040", "title": "Permits and fees—Required.", "text": "(a) Any and all construction work within the public right-of-way shall require an encroachment permit pursuant to Section 35.01.040. Anyone excavating within the city public right-of-way shall obtain an encroachment permit for the purpose of excavation, in addition to any other required permits. Provided however, that a permit shall not be required in the case of emergencies, as defined in Section 35.07.030 and approved by the city engineer in writing.(b) Work authorized by this article shall be subject to the fees set forth in the public works fee schedule, as adopted and amended by the city council from time to time.", "history": "(Ord. 2589 § 2, 2020)" }, { "guid": "44648110", "number": "§ 35.07.050", "title": "Moratorium restoration guidelines.", "text": "(a) Street restoration for streets subject to the moratorium may include repaving, surface grinding, base and sub-base repairs, or other related work as needed, and may include up to full-width surface restoration of the street. Specific restoration requirements shall be determined by the city engineer in accordance with the guidelines established in this section.(b) In the event that sufficient space outside the paved surface to accommodate the bore pit operation exists, the city engineer may permit direct boring as an alternate to street cuts.(c) The following guidelines are established for street restoration work:(1) Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of two inches but subject to three inches depending on location. For trenches perpendicular to traffic lanes, the permittee shall grind ten feet on both sides of the trench line for residential and arterial streets, and for the full width of any traffic lanes that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes for the full length of the trench with a minimum of ten feet on each end or as directed by the city engineer. For trenches other than those perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of paving. At the discretion of the city engineer, full-width slurry seal may be substituted for overlay in residential areas. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. The placement of the surface course of the repaving shall be by a self-propelled, automatic-leveling, variable-width paving machine. Work shall meet all applicable city standards and specifications. The city engineer may modify the scope of work stated above, including increasing the restoration requirements, as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.(2) Recently Slurry-Sealed Streets. Slurry seal shall be applied to the patched area no sooner than thirty days and no later than ninety days after completion of the permanent patch. For trenches perpendicular to traffic lanes, the permittee shall slurry seal ten feet on either side of the trench line for residential and arterial streets and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lanes for the full length of the trench, with a minimum of ten feet on each end or as directed by the city engineer. For trenches other than those that are perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of pavement restoration. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. Work shall meet all applicable city standards and specifications. The city engineer may modify the scope of work stated above, including increasing the restoration requirements as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.", "history": "(Ord. 2589 § 2, 2020)" }, { "guid": "44648116", "number": "§ 35.07.060", "title": "Excavation within moratorium period.", "text": "Where a permit is issued to excavate within five years after the date of acceptance of a newly constructed, reconstructed, overlaid, or improved street or within two years of a recently slurry or cape sealed street, payment of the trench restoration fee described in Davis Municipal Code Section 35.08.030 will be required regardless of whether the owner has executed a pavement life performance warranty described in Davis Municipal Code Section 35.08.080.", "history": "(Ord. 2640 § 2, 2023)" } ] }, { "guid": "44648117", "title": "STREET TRENCH CUT FEE", "number": "35.08", "url": "https://ecode360.com/44648117", "sha256": "80b6406ddaa817c9c1e166deed6e6ad4f32f9ad9d717bfd0a6e6e4f2b8d003b2", "exportedArticleSha256": "167c76ae1d5753f63d5f18b18a8c0be50e4f42b6ef4dad6fffd7ebb2c6cfea83", "sections": [ { "guid": "44648118", "number": "§ 35.08.010", "title": "Title.", "text": "This article shall be known as the \"street trench cut fee ordinance.\"", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648119", "number": "§ 35.08.020", "title": "Definitions.", "text": "For purposes of this article, the following definitions apply:Applicantshall mean any owner who has submitted an application for a permit to excavate.City streetshall mean any public highway, road, street, avenue, alley, lane, drive, way, place, court, shared-use path, or trail, which has been accepted, or is hereafter accepted, by the city council into the city road system pursuant to Section 941 of the California Streets and Highways Code.Departmentshall mean the public works engineering and transportation department of the City of Davis.Directorshall mean the city staff person occupying the department head position, who is assigned by the city manager to enforce the provisions of this article.Excavationshall mean any cutting of streets and removing material in order to repair or replace underground facilities.Facility or facilitiesshall mean any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, wells, and other appurtenances or tangible things that are located or are proposed to be located in the public right-of-way.Ownershall mean any person, including any agency, department, or subdivision of the city, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way.Permit or permit to excavateshall mean a permit to perform an excavation as it has been approved or may be amended or renewed by the department, pursuant to Davis Municipal Code Section 35.03.010.Personshall mean any natural person, corporation, partnership, or any governmental agency, department, or subdivision of the city, the State of California, or the United States of America.Public right-of-wayshall mean the paved area across, along, beneath, in, on, over, under, upon, and within the city streets, as they now exist or will exist and which are or will be under the permitting jurisdiction of the public works department.Resurfacingshall mean any repaving, overlay, seal or reconstruction which constructs a new pavement surface of greater than one inch thickness over the entire width of the street, excluding crack seals, not including class one to class three slurry seals, cape seals, and chip seals.Trench influence areashall mean an area three feet adjacent to the trench excavation.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648132", "number": "§ 35.08.030", "title": "Trench restoration fee.", "text": "At the time any permit is issued, improvement plan approved, or work performed that causes an excavation of a paved city street, the applicant shall pay a trench restoration fee, in addition to any fees required for an encroachment permit, other permits, or other administrative fees charged by the city. The fee shall be in the amount set forth on a trench cut fee schedule established by resolution of the city council. A trench restoration fee shall not be required for the following excavations:(a) For work performed on a city street that the city has scheduled for resurfacing within the next six months;(b) For potholing to verify utility depth or location unless the area of all potholes covers ten percent or more of a pavement management area—five thousand eight hundred square feet for arterials or two thousand five hundred square feet for collectors or residentials;(c) For work that includes resurfacing of all or a significant portion of the city street where the excavation is made; provided, that the director approves the resurfacing;(d) For work performed for purposes of a utility relocation required by the city to accommodate a proper governmental use of a city street;(e) For owners possessing a valid pavement life performance warranty agreement with the city as set forth in Davis Municipal Code Section 35.08.080 except within the moratorium period as set forth in Section 35.07.060;(f) For trenchless excavations greater than three feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be excluded at the discretion of the director.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648139", "number": "§ 35.08.040", "title": "Establishment of fund.", "text": "All monies paid to the city pursuant to Davis Municipal Code Section 35.08.030 shall be deposited in a special fund or funds and shall be expended only for the resurfacing, maintenance, administration, and protection of city streets.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648140", "number": "§ 35.08.050", "title": "Relocation of utilities required by city.", "text": "No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter any obligation of public and private utilities with facilities installed in any city street to relocate the facilities at no cost to the city in the event that relocation is required by the city to accommodate a proper governmental use of the city street.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648141", "number": "§ 35.08.060", "title": "Permit violations.", "text": "No person who has violated any provision of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on such person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648142", "number": "§ 35.08.070", "title": "Pavement condition index ratings.", "text": "The city shall perform periodic pavement condition surveys of all city streets and determine the pavement condition index (PCI) rating for each street. A PCI rating shall be assigned to discrete blocks of a street and the fees calculated for each block. The PCI report shall be published from time to time and made available for public review at the permit counter.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648143", "number": "§ 35.08.080", "title": "Pavement life performance warranty.", "text": "In lieu of paying a trench restoration fee pursuant to Davis Municipal Code Section 35.08.030, an owner who has a valid franchise agreement with the city or is statutorily exempt from franchise requirements may provide a written pavement life performance warranty agreement in a form acceptable to the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails at any time after the excavation has been completed until such time as the street surface is completely resurfaced with a structural overlay, the owner who performed the trench cut shall repair or restore such condition pursuant to the procedure set forth in Davis Municipal Code Section 35.08.090. Pavement life warranty agreements are not transferable or assignable.In the event that an owner who has a valid franchise agreement with the city or is statutorily exempt from franchise requirements fails or refuses to provide a written pavement life performance warranty, such owner shall pay the trench restoration fee set forth in Davis Municipal Code Section 35.08.030.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648144", "number": "§ 35.08.090", "title": "Repair of depressed or broken pavement over excavation.", "text": "(a) Upon written notice from the director, an owner must immediately inspect depressed or broken pavement to ascertain the cause of the failure and must make repairs to the installation or backfill and have the pavement restored in the manner and within the time period specified by the director if the subsurface material or pavement over or within the trench influence area becomes depressed or broken within the following time periods:(1) Where the owner has paid a trench restoration fee pursuant to Davis Municipal Code Section 35.08.030, at any time within one year after excavation has been completed and accepted and before resurfacing of the city street.(2) Where the owner has provided a pavement life performance warranty pursuant to Davis Municipal Code Section 35.08.080, at any time prior to such time as the street surface is completely resurfaced with a structural overlay.(b) An owner will not be charged a trench restoration fee pursuant to Davis Municipal Code Section 35.08.030. for repair work performed pursuant to this section. Additional inspection permit fees may be imposed as appropriate.(c) If an owner does not repair depressed or broken pavement upon written notice from the director in the manner and time period specified by the director, the director may cause the repair work to be completed by the city. The director must provide the owner notice that the city will complete the repair work no less than twenty-four hours before commencement of the work. The cost of the city's repair work, including inspection costs and administrative overhead incurred by the city, will be assessed against the owner.(d) Where the city performs repair work pursuant to this section, the owner will remain responsible for any future repairs of any portion of pavement repaired by the city pursuant to this section for the following time periods:(1) Where the owner has paid a trench restoration fee pursuant to Davis Municipal Code Section 35.08.030, at any time within one year from the date of repair.(2) Where the owner has provided a life performance warranty pursuant to Section 35.08.080, at any time prior to such time as the street surface is completely resurfaced with a structural overlay.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648153", "number": "§ 35.08.100", "title": "Emergency circumstances, field changes and blanket permits.", "text": "In the case of field changes, excavation performed pursuant to a blanket permit to identify issues in utility conduits and pipes, or excavation performed under emergency circumstances, the owner must report the excavation to the permit counter and pay the fees required by this article within ten business days of commencement of the work. Failure to report the excavation and pay the required fees shall be considered a permit violation pursuant to Davis Municipal Code Section 35.08.060.", "history": "(Ord. 2640 § 3, 2023)" }, { "guid": "44648154", "number": "§ 35.08.110", "title": "Appeal.", "text": "A person directly and adversely affected by a decision made by the director pursuant to the provisions of this article may appeal the director's decision by filing a written notice of appeal no later than ten business days after receiving notice of the director's decision. The appeal will be conducted in the manner described in Section 33.03.520 of the Davis Municipal Code.", "history": "(Ord. 2640 § 3, 2023)" } ] }, { "guid": "44648156", "title": "GENERAL PROVISIONS", "number": "36.01", "url": "https://ecode360.com/44648156", "sha256": "7cd4ca27acd060b2e40cc768975b6597bf1420e09c5a0d1bf941e92a56948bda", "exportedArticleSha256": "1f5febeb666832635f7a290110ad1cf3b349751a227b321df904fabef2ca6747", "sections": [ { "guid": "44648157", "number": "§ 36.01.010", "title": "Citation and authority.", "text": "This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq., of the Government Code, and may be cited as the subdivision ordinance of the City of Davis.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648158", "number": "§ 36.01.020", "title": "Purpose.", "text": "It is the purpose of this chapter to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities and other services in the city.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648159", "number": "§ 36.01.030", "title": "Consistency.", "text": "No land shall be subdivided and developed for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or which is not permitted by Chapter 40 (Zoning) or other applicable provisions of this Code.The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this chapter, the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648160", "number": "§ 36.01.040", "title": "Application.", "text": "The regulations set forth in this chapter shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this chapter. All subdivisions and any part thereof lying within the city shall be made, and all subdivision maps shall be prepared and presented for approval as provided for in this chapter.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648161", "number": "§ 36.01.050", "title": "Exceptions.", "text": "This chapter shall not apply to:(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks.(b) Mineral, oil or gas leases.(c) Land dedicated for cemetery purposes under the State Health and Safety Code.(d) A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that, subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved by the city engineer pursuant to Section 36.03.030(c).(e) Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code.(f) Subject to the requirements of Sections 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project or a stock cooperative to a condominium.(g) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city.(h) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvements.(i) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.(j) The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this chapter shall apply to the sale or transfer, but not leasing of those units.(k) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.(l) Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred square feet.(m) Any other mandatory exceptions to the applicability of the Subdivision Map Act as provided in the Subdivision Map Act (Sections 66412, 66412.1, 66412.2, 66412.5).", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648175", "number": "§ 36.01.060", "title": "Modification of requirements.", "text": "Whenever, in the opinion of the planning commission or the city council, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the planning commission or the city council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of subdivisions of four or less parcels, this determination may also be made by the subdivision committee.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648176", "number": "§ 36.01.070", "title": "Fees and deposits.", "text": "All persons submitting applications for the approval of maps or for other approvals as required by this chapter shall pay all fees and/or deposits as provided by this chapter and by the city council's resolution or resolutions establishing applicable fees and deposits. Said resolution or resolutions are hereby incorporated by this reference as though fully Set forth herein.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648177", "title": "DEFINITIONS AND RESPONSIBILITIES", "number": "36.02", "url": "https://ecode360.com/44648177", "sha256": "a84de5092d3b3677e9329824cbf83abcec9699832289efc51d2218ecd37b0b62", "exportedArticleSha256": "9437d8bace238e0f96bc6983954e195a121e7e3550d20573ac6d7efc3d7192ea", "sections": [ { "guid": "44648178", "number": "§ 36.02.010", "title": "Definitions.", "text": "For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article as set forth below. All definitions provided in Chapter 1 (General Provisions) of this Code and all definitions provided in the Subdivision Map Act shall also be applicable to this chapter and said definitions are hereby incorporated by this reference as though fully set forth herein.Acreagemeans any parcel of land which is not a lot, as defined in this article, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.(1) Appeal bodymeans the advisory or legislative body with the authority to hear appeals on applications or actions pursuant to this chapter.(2) Approving bodymeans the advisory agency or legislative body with the authority to approve an application or action pursuant to this chapter.Blockmeans the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.Business and Professions Codemeans the Business and Professions Code of the State of California.City streetmeans any duly dedicated street, avenue or the like which the city has accepted and regularly maintains, or which the county duly accepted and regularly maintained prior to the incorporation of the city, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.Collector streetmeans a street, intermediate in importance between a local street and either a major or secondary thoroughfare, which has the purpose of collecting local traffic and carrying it to a thoroughfare.Community apartment projectshall be defined as provided in Section 11004 of the Business and Professions Code.Condominiummeans an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.Conversionmeans the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.Daymeans a calendar day unless otherwise specified.Departmentmeans the community development department.Designmeans:(1) Street alignments, grades and widths;(2) Drainage, water, sewer and sanitary facilities and utilities, including alignments and grades;(3) Location and size of all required easements and rights-of-way;(4) Fire roads and fire breaks;(5) Lot size and configuration;(6) Vehicular and bicycle traffic access;(7) Grading;(8) Land to be dedicated for park or recreational purposes; and(9) Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.Developmentmeans the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.Easementmeans an easement dedicated to the city, which shall be continuing and irrevocable unless formally abandoned by the city, and any other easement whether owned by a public entity, public utility or private party.Environmental impact report (EIR)means a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., and state and city CEQA guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.Final mapmeans a map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act and this chapter, prepared in accordance with the provisions of the Subdivision Map Act and this chapter and designated to be filed for recordation in the office of the county recorder.General planmeans the general plan of the City of Davis, adopted December 22, 1973, and all amendments thereto.Government Codemeans the Government Code of the State of California.Improvementmeans streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of the final map thereof. \"Improvement\" also means other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the city, is necessary to ensure consistency with, or implementation of, the general plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.Lot or parcelmeans a unit or portion of land separate from other units or portions by description, as on a final map or parcel map, or by such other map approved by the county or by the city under the provisions of the Subdivision Map Act and of city ordinances in effect at the time of such approval, for the purpose of sale, lease, or financing.Lot line adjustmentmeans a minor shift or rotation of an existing lot line or other adjustment where a greater number of parcels than originally existed is not created, as approved by the city engineer pursuant to Section 36.03.030(c).Mergermeans the joining of two or more contiguous parcels of land under one ownership into one parcel.Parcel mapmeans a map showing a subdivision of four or less parcels as required by the Subdivision Map Act and this chapter, prepared in accordance with the provisions of the Subdivision Map Act and this chapter and designed to be filed for recordation in the office of the county recorder.Peripheral streetmeans an existing street whose right-of-way is contiguous to the exterior boundary of a subdivision.Private streetmeans any street, accessway, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Private streets shall be constructed in accordance with standard engineering specifications.Remaindermeans that portion of an existing parcel which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision. A remainder of five acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.Standard engineering specificationsmeans those standard subdivision improvement plans and specifications as prepared and/or approved by the public works director.Stock cooperativeshall be defined as provided in Section 11003.2 of the Business and Professions Code.Subdividermeans a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not \"subdividers.\"Subdivisionmeans the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. \"Subdivision\" includes a condominium project, as defined in Section 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. \"Subdivision\" includes any division of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.Subdivision committeemeans the committee established in accordance with Section 36.02.020 and comprised of the community development director, the public works director and the senior civil engineer or their designees.Subdivision Map Actmeans Government Code Sections 66410 et seq., inclusive.Tentative mapmeans a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. \"Tentative map\" includes a tentative map prepared in connection with a parcel map pursuant to the provisions of Article 36.06 (Subdivisions of Four or Less Parcels) of this chapter.Vesting tentative mapshall be defined as provided in Section 36.07.030(a).", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025; Ord. 2678, 11/4/2025)" }, { "guid": "44648223", "number": "§ 36.02.020", "title": "Responsibilities.", "text": "(a) City attorney. The city attorney's responsibilities shall include approving as to form all subdivision improvement agreements and security and all governing documents for a common interest development.(b) City council. The city council shall have final jurisdiction in the approval, conditional approval or denial of final maps and in the approval of improvement agreements for subdivisions of five or more parcels. The city council shall also have final jurisdiction in the approval, conditional approval or denial of reversions to acreage.The city council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative maps and vesting tentative maps. The city council shall also act as the appeal board for hearing appeals of subdivision committee action as provided in this chapter. In instances when tentative maps or vesting tentative maps are processed concurrently with other land use applications requiring city council action, the city council shall have final jurisdiction in approval, conditional approval, or denial of the tentative map or vesting tentative map application.(c) Planning commission. The planning commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of five or more parcels. In instances when tentative maps or vesting tentative maps are processed concurrently with other land use applications requiring city council action, the planning commission shall make a recommendation to the city council for its determination.The planning commission shall act as the appeal board for hearing appeals of subdivision committee action as provided in this chapter.(d) Subdivision committee. There is hereby established a subdivision committee comprised of the community development director, the public works director and the senior civil engineer. The community development director shall act as the chairman of the subdivision committee. A member of the subdivision committee may designate and authorize a representative to act upon his or her behalf. Two members of the subdivision committee shall constitute a quorum for the transaction of business. The subdivision committee's responsibilities shall include:(1) The approval, conditional approval, or denial of tentative maps for subdivisions of four or fewer parcels which are not being processed concurrently with land use applications requiring planning commission or city council action;(2) Granting authorization to the city clerk for the acceptance of: (A) dedications for subdivisions of four or less parcels, and (B) off-site dedications lying outside a subdivision boundary which require a separate grant deed;(3) Determinations of violations of the provisions of the Subdivision Map Act or this chapter.(e) City engineer. The city engineer's responsibilities shall include:(1) Establishing design and construction details, standards and specifications;(2) Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this chapter;(3) The processing and certification of final maps, parcel maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans;(4) Examining and certifying that final maps and parcel maps are in substantial compliance with the approved tentative map;(5) The approval of proposed street names;(6) The approval as to form of subdivision improvement agreements;(7) The inspection, approval and acceptance of subdivision improvements.(f) Community development department. The community development department's responsibilities shall include the processing of tentative maps. References in this Code to the \"planning and building department\" shall mean the community development department.", "history": "(Ord. 1407 § 1; Ord. 1859 § 3; Ord. 2390 §§ 2, 44, 2012; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648241", "title": "MAPS REQUIRED", "number": "36.03", "url": "https://ecode360.com/44648241", "sha256": "360a0146314eaaef8ce19504b15f6b8ca1dcb412b7b613e548e86211520198f9", "exportedArticleSha256": "edbb61e6b6d7fc6faa81051191674736e7a98720a6f00c21d4cbb38e21bf69be", "sections": [ { "guid": "44648242", "number": "§ 36.03.010", "title": "General.", "text": "For the purposes of this chapter, the specific requirements for tentative, final and parcel maps shall be governed by the provisions of this article.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648243", "number": "§ 36.03.020", "title": "Division of land—Five or more parcels.", "text": "A tentative and final map shall be required for all divisions of land when determined by the department that such land may be divided into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:(a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or(b) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or(c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or(d) Each parcel created by the division has a gross area of not less than forty acres or is not less than one quarter of a quarter section.A parcel map shall be required for those subdivisions described in subsections (a), (b), (c) and (d) of this section, unless waived by the subdivision committee in accordance with the provisions of Section 36.06.080 of this chapter (Section 66426).", "history": "(Ord. 1407 § 1)" }, { "guid": "44648248", "number": "§ 36.03.030", "title": "Division of land—Four or less parcels.", "text": "A tentative and final parcel map shall be required for all divisions of land into four or less parcels, except that maps shall not be required for:(a) Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty days' notice in writing.(b) Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the department in individual cases, upon substantial evidence, that public policy necessitates a parcel map.(c) Lot line adjustments, provided:(1) No additional parcels or building sites are created;(2) The resulting parcels conform to Chapter 40 (Zoning) and Chapter 8 (Buildings) of this Code;(3) The lot line adjustment is approved by the city engineer. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded.(d) Parcel maps waived by the subdivision committee in accordance with the provisions of Section 36.06.080.", "history": "(Ord. 1407 § 1; Ord. 1859 § 4; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648256", "title": "TENTATIVE SUBDIVISIONS MAPS—FIVE OR MORE PARCELS", "number": "36.04", "url": "https://ecode360.com/44648256", "sha256": "77f610e726102f70204491450c4d3a2b85d740bc6fdfb964ea6bead0540f3b83", "exportedArticleSha256": "cdc1df4c4d247f50236a33d8f3d02cec3f026e89eacf14a4fc5707d41e75c7c9", "sections": [ { "guid": "44648257", "number": "§ 36.04.010", "title": "General.", "text": "The form and contents, submittal, and approval of tentative maps for five or more parcels shall be governed by the provisions of this article.An application for approval of a tentative map pursuant to this article shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the provisions of Chapter 18 (Housing) and Chapter 40 (Zoning) of this Code.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648258", "number": "§ 36.04.020", "title": "Form and contents.", "text": "The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain not less than the following:(a) A title which shall contain the subdivision number, subdivision name and type of subdivision.(b) Name and address of legal owner, subdivider and person preparing the map, including registration or license number.(c) Sufficient legal description to define the boundary of the proposed subdivision.(d) The names and numbers of adjacent subdivisions and names of owners of adjacent unplatted land.(e) Date, north arrow, scale, contour interval and source and date of existing contours.(f) A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future.(g) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community.(h) Existing topography of the proposed site and at least one hundred feet beyond its boundary, including, but not limited to:(1) Existing contours at two-foot intervals if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes equal or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines or by screened lines.(2) Type, circumference and dripline of existing trees with a trunk diameter of four inches or more. Any trees proposed to be removed shall be so indicated.(3) The location and outline of existing structures identified by type. Structures to be removed shall be so marked.(4) The approximate location of all areas of potential stormwater overflow; the location, width and direction of flow of each watercourse; and the flood zone designation as indicated on the Flood Insurance Rate Map (\"FIRM\"), as defined in Article 11A (Flood Protection Standards) of Chapter 6 (Buildings) of this Code.(5) The location, pavement and right-of-way width, grade and name of existing streets or highways.(6) The widths, location and identity of all existing easements.(7) The location and size of existing sanitary sewers, fire hydrants, water mains and stormdrains. The approximate slope of existing sewers and stormdrains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.(i) Proposed improvements to be shown shall include, but not be limited to:(1) The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated.(2) The location and radius of all curb returns and culs-de-sac.(3) The location, width, and purpose of all easements.(4) The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.(5) The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, and the elevation of adjacent parcels.(6) Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than ten percent and not at less than five-foot intervals for existing ground slopes of ten percent or more. A separate grading plan may be submitted.(7) Proposed recreation sites, trails and parks for private or public use.(8) Proposed common areas and areas to be dedicated to public open space.(9) The location and size of sanitary sewers, fire hydrants, water mains and stormdrains. Proposed slopes and approximate elevations of sanitary sewers and stormdrains shall be indicated. The proposed routing of stormwater runoff generated by a one-hundred-year flood shall also be indicated.(10) A statement as to the intention of the subdivider in regard to slope planting and erosion control.(j) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.(k) The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.(l) If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown.(m) The subdivider shall specify any deviation from city standards and the justification for such deviation.(n) Upon the written request of the subdivider, the department may waive any of the above tentative map requirements if the department determines that the type of subdivision does not justify compliance with these requirements, or if the department determines that other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this chapter.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648290", "number": "§ 36.04.030", "title": "Accompanying data and reports.", "text": "The tentative map shall be accompanied by the following data and reports:(a) Street names. A list of proposed street names for any unnamed street or alley for review by the city engineer.**Subsection (a) shall not apply to condominium conversions.(b) Soils report. A preliminary soils report prepared in accordance with the provisions of Chapter 70 (Excavation and Grading) of the Uniform Building Code (adopted by reference by Chapter 8 of this Code) and Section 36.04.040 shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.(c) Title report. A preliminary title report, acceptable to the department, showing the legal owners at the time of filing the tentative map.(d) School site/facilities. The subdivider shall obtain from the school district or districts involved their intention, in writing, concerning the necessity for a school site and/or temporary and/or permanent school facilities, if any, within the subdivision and shall present this information to the department prior to the consideration of the tentative map by the planning commission.(e) Environmental review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents.(f) Preliminary engineering calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations.(g) Phasing. If the subdivider plans to file multiple final maps on the tentative map, he or she shall submit a written notice to this effect to the community development director.(h) Solar access. All plans and information relating to solar access required to be submitted at the time of the tentative map application submittal pursuant to the provisions of Chapter 40 (Zoning) of this Code.(i) Other reports. Any other data or reports deemed necessary by the department.(j) Submitting a tentative map. At the discretion of the community development department in coordination with the community services director, an arborist's report may be required for any trees that may be affected by a proposed development. An arborist's report may be required in, but are not limited to, the following circumstances: when a particularly valuable specimen is involved; more than three street trees will be planted; highly visible trees will be planted; the tree(s) will be shared or enjoyed by more than one property owner; and when an existing tree(s) could be put at risk.", "history": "(Ord. 1407 § 1; Ord. 2099 § 2, 2005; Ord. 2390 §§ 2, 3, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648301", "number": "§ 36.04.040", "title": "Geotechnical reports.", "text": "(a) Three copies of a preliminary engineering soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the city building official for subdivisions of five or more parcels. The city building official may require that such reports be submitted for subdivisions of four or less parcels.(b) A preliminary soils and/or geology report may be waived by the city building official provided the city building official finds that, due to the knowledge the city has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution and strength of the existing soils, and the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development.(c) If the city has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the city building official. Such soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.(d) Where preliminary soils and/or geology reports are prepared, final reports shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements.(e) Geotechnical reports must also comply with applicable city administrative policies and standards.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648307", "number": "§ 36.04.050", "title": "Street names.", "text": "Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the city for approval in accordance with current city street-naming policies prepared by the public works department. The approved street name shall be shown on the tentative map.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648308", "number": "§ 36.04.060", "title": "Department review.", "text": "The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the form and contents of the tentative map conform to the requirements of Section 36.04.020 and when all accompanying data and reports, as required by Section 36.04.030, and all fees and/or deposits as required by Section 36.01.070, have been submitted and accepted by the department. The subdivider shall file with the department the number of tentative maps the community development director may deem necessary. The department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.Within ten days of the filing of a complete tentative map application, the department shall send a notice of the filing of the tentative map application to the governing board of the Davis joint unified school district. The notice shall also contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. The governing board may review the notice and may send a written report to the planning commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate.If a written report is made by the governing board, such report shall be returned within twenty working days of the date on which the notice was mailed to the school district for comment. In the event that the school district fails to respond within the twenty-working-day period, such failure to respond shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving, conditionally approving or denying the tentative map application.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648309", "number": "§ 36.04.070", "title": "Planning commission action.", "text": "(a) Notice of public hearings. Upon receipt of a complete tentative map application, the department shall prepare a report with recommendations. The department shall set the matter for public hearing before the planning commission. A copy of the department report shall be forwarded to the subdivider at least three days prior to the public hearing. At least ten calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered. and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.In addition to notice by publication, the department shall give notice of the hearing by mail or delivery to the subdivider, the owner of the subject real property, if different from the subdivider, and to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject to the proposed application. The department shall also give notice of the hearing by mail or delivery to each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. A proposed conversion of residential real property to a condominium, community apartment or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act.In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the city shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by mail or personal delivery to any person who has filed a written request with the city. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.The department may give such other notice that it deems necessary or advisable.Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this article.(b) Action. The planning commission shall make its recommendation to the city council or shall approve, conditionally approve or deny the tentative map, and the department shall report the decision of the planning commission to the city council and the subdivider within fifty days after the tentative map application has been determined to be complete. If an environmental impact report is prepared, the decision shall be made forty-five days after certification of the environmental impact report. If the approving body is the city council, the city council shall approve, conditionally approve, or disapprove the tentative map within thirty days after it receives the recommendation of the planning commission. In reaching a decision upon the tentative map, the approving body shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.(c) Approval. The tentative map may be approved or conditionally approved by the approving body if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this Code. The approving body may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.The approving body may modify or delete any of the conditions of approval recommended in the department's report. The approving body may add additional requirements as a condition of its approval.If no action is taken by the approving body within the time limits specified in this section, the tentative map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code, and the general plan.(d) Denial. The tentative map may be denied by the planning commission on any of the grounds provided by the Subdivision Map Act or this Code. The planning commission shall deny approval of the tentative map if it makes any of the following findings:(1) That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this Code;(2) That the site is not physically suitable for the type of development;(3) That the site is not physically suitable for the proposed density of development;(4) That the design of the subdivision or the proposed improvement(s) are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat, or cause substantial immediate or eventual damage to vegetation significant to the area. Notwithstanding the foregoing, the planning commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of the California Public Resources Code (the California Environmental Quality Act) that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;(5) That the design of the subdivision or the type of improvements are likely to cause serious public health problems;(6) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the planning commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or(7) Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.", "history": "(Ord. 1407 § 1; Ord. 1859 §§ 5, 6; Ord. 2020 § 3, 2000; Ord. 2099 § 3, 2005)" }, { "guid": "44648321", "number": "§ 36.04.080", "title": "City council review.", "text": "If a tentative map is approved or conditionally approved, the department shall forthwith make a written report thereof to the city council. Any member of the city council shall have the right to call up the tentative map for city council review at a city council meeting or by a request to the community development director, either of which must be within ten days of the final action by the planning commission. If the council, by a majority vote, decides to review the map, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). Such decision to review shall be made within ten days after such request is made. In addition, notice shall be given to the planning commission. The public hearing shall be held within thirty days after the council decides to review the map. The council may add, modify, or delete conditions if the council determines that such changes are necessary to ensure that the tentative map conforms to the Subdivision Map Act and this Code. The city council may deny the tentative map on any of the grounds contained in Section 36.04.070(d). Within ten days following the conclusion of the hearing, the city council shall render its decision. If the city council does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648322", "number": "§ 36.04.090", "title": "Extension of time for planning commission or city council action.", "text": "Any applicable time limits for acting on the tentative map application may be extended by mutual consent of the subdivider and the planning commission or the city council. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648323", "number": "§ 36.04.100", "title": "Appeals of planning commission action.", "text": "The subdivider or any interested person adversely affected by any planning commission action with respect to the tentative map may, within ten days after the decision, file an appeal in writing with the city clerk or the director. The city council shall consider the appeal within thirty days after the date of filing of the appeal, unless the appellant consents to a continuance. Within ten days following the conclusion of the hearing, the city council shall render its decision. The appeal shall be a public hearing after notice has been given according to Section 36.04.070(a). In addition, notice shall be given to the planning commission. The council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make any findings which are consistent with the provisions of the Subdivision Map Act or this chapter.If the city council fails to act upon an appeal within the time limits set forth in this section, the tentative map shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648324", "number": "§ 36.04.110", "title": "Expiration.", "text": "(a) The approval or conditional approval of a tentative map shall expire twenty-four months from its approval by either the planning commission or city council, whichever occurs last. However, if in connection with a tentative map for which the filing of multiple final maps is authorized pursuant to Section 36.05.020, the subdivider is made subject to a requirement of one hundred thousand dollars or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, or if the tentative map is on property subject to a development agreement authorized by Section 65864 et seq., of the Government Code, then the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may also be approved as provided in Section 36.04.120.(b) The period of time specified in subsection (a) of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the planning commission. After service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the community development director, request a stay in the time period of the tentative map. Within forty days after receiving the request, the planning commission shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the planning commission shall, within ten days, render its decision. The subdivider or any interested person may appeal action of the planning commission on the stay to the city council within ten days of such action in accordance with Section 36.04.100.(c) The period of time specified in subsection (a) of this section shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act. (Section 66452.6)", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648328", "number": "§ 36.04.120", "title": "Extensions.", "text": "(a) Request by subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. The application shall be filed not less than thirty days before the map is to expire and shall state the reasons for requesting the extension.(b) Planning commission action. The department shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval, or denial at the next regularly scheduled planning commission meeting. A copy of the department's report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. In approving, conditionally approving or denying the request for extension, the planning commission shall make findings supporting its decision, including findings with respect to the potential impact of any increases in applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.(c) Time limit of extensions. The time at which the tentative map expires may be extended by the planning commission for a period not exceeding a total of three years.(d) Appeal of extension. The subdivider or any interested person adversely affected may appeal any action of the planning commission on the extension to the city council in accordance with Section 36.04.100, except that any such appeal shall be filed within fifteen days after the action by the planning commission. If the council does not act within the time limits set forth in Section 36.04.100, the extension shall be deemed to have been approved or conditionally approved as approved by the planning commission, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648333", "number": "§ 36.04.130", "title": "Amendments to approved or conditionally tentative map.", "text": "Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the department upon application by the subdivider or on the department's own initiative, provided:(a) No lots, units or building sites or structures are added;(b) Changes are consistent with the intent and spirit of the original tentative map approval;(c) There are no resulting violations of this Code or the Subdivision Map Act.The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the community development director. Amendments to the tentative map conditions of approval which, in the opinion of the department, are not minor, shall be presented to the planning commission for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648337", "title": "FINAL SUBDIVISION MAPS—FIVE OR MORE PARCELS", "number": "36.05", "url": "https://ecode360.com/44648337", "sha256": "1e21a87fc6b00af68a7b25a9cd471f59942679e727c00037a08fef59904c6992", "exportedArticleSha256": "332d4e4290d87e6474bec0bcb4c5e676d76efc5c0379e3825627242a4ee9afa5", "sections": [ { "guid": "44648338", "number": "§ 36.05.010", "title": "General.", "text": "The form, contents, accompanying data and filing of the final map shall conform to the provisions of the Subdivision Map Act and this article.The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648339", "number": "§ 36.05.020", "title": "Phasing.", "text": "Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the community development director in writing of the subdivider's intention to file multiple final maps on the tentative map in accordance with Section 36.04.030(g). In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The planning commission shall approve the sequence of map approvals. After filing of the tentative map application, the community development director, the city engineer and the subdivider shall concur in the filing of multiple final maps.The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648340", "number": "§ 36.05.030", "title": "Survey required.", "text": "An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648341", "number": "§ 36.05.040", "title": "Form.", "text": "The form of the final map shall conform to the Subdivision Map Act and as follows:The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.The size of each sheet shall be eighteen inches by twenty-fix inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. The final form of the final map shall be as approved by the city engineer.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648342", "number": "§ 36.05.050", "title": "Contents.", "text": "The contents of the final map shall conform to the Subdivision Map Act and as follows:(a) Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.(b) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, \"City of Davis, Yolo County.\"(c) Certificates and acknowledgements. All certificates and acknowledgements shall be made as required by Article 2, Chapter 2 (Sections 66433 et seq.) of the Subdivision Map Act and shall appear only once on the cover sheet.(d) Scale, north point and basis of bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone II of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.(e) Linear, angular and radial data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.(f) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at, or on city engineer-approved offsets, the following locations:(1) The intersection of street centerlines;(2) Beginning and end of curves or intersection of tangents on centerlines;(3) At other locations as may be required by the city engineer.(g) Lot numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the city engineer.(h) Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map, showing such subdivision; and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.(i) City boundaries. City boundaries which cross or join the subdivision shall be clearly designated.(j) Street names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.(k) Easements and dedications. Easements and dedications for roads or streets, paths, alleys, utilities, local transit facilities, stormwater drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map.(1) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.(2) Easements not disclosed by the records in the office of the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.(3) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.(l) Greenbelt areas. Greenbelt areas may be shown, subject to the approval of the city. Public greenbelt areas shall be dedicated in fee unless otherwise specified in the approval or conditional approval of the tentative map. Private greenbelt areas shall be dedicated as open space easements unless otherwise specified in the approval or conditional approval of the tentative map.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648361", "number": "§ 36.05.060", "title": "Preliminary submittal for city approval.", "text": "The subdivider shall submit prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form as approved by the city engineer and, where applicable the city attorney:(a) Improvement plans. Improvement plans as required by Section 36.09.060.(b) Soils report. A soils report prepared in accordance with Section 36.04.030 and Chapter 70 (Excavation and Grading) of the Uniform Building Code (adopted by reference by Chapter 6 of this Code).(c) Title report. A title report showing the legal owners at the time of submittal of the final map.(d) Tax certificate. A certificate from the county tax collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the county.(e) Deeds for easements or rights-of-way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.(f) Traverse closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.(g) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all stormdrains and flood flow.(h) Governing documents. The submittal of the final map or parcel map for a common interest development within the meaning of Sections 1350 et seq., of the State Civil Code shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any declaration of covenants, conditions and restrictions proposed to connection therewith. All documents shall be subject to review and approval by the city engineer and city attorney.(i) Guarantee of title. A guarantee of title, in form acceptable to the city engineer and city attorney, shall be issued by a competent title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary.(j) Improvement agreement. In the event sewer, water, drainage, grading, paving or other improvements required pursuant to Section 36.09.020 have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of Section 36.09.070 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Section 36.09.080.(k) Liability agreement and insurance. A hold-harmless agreement obligating the subdivider to hold the city and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the sub-divider and/or the subdivider's subcontractors in connection with the subdivision. A certificate of insurance reporting to the city the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his or her subcontractors in connection with the subdivision. The certificate of insurance shall name the city as an additional insured. The agreement and certificate required by this subsection shall be subject to prior review and approval by the city engineer and city attorney.(l) Any additional data, reports, or information as required by the city engineer or city attorney.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648374", "number": "§ 36.05.070", "title": "Review by city engineer.", "text": "The city engineer shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the city engineer.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648375", "number": "§ 36.05.080", "title": "Approval by city engineer.", "text": "The subdivider shall submit to the city engineer the original tracing of the map and any duplicates per county requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the city engineer shall sign the appropriate certificates and transmit the original map to the city clerk.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648376", "number": "§ 36.05.090", "title": "Approval by city council.", "text": "The final map approved by the city engineer as complying with the approved or conditionally approved tentative map shall be filed with the city council for approval after all required certificates have been signed. The date the map shall be deemed filed with the city council is the date on which the city clerk receives the map. The city council shall consider the final map for approval at its next regular meeting after the city clerk receives the map. Before approving the final map, the city council shall consider approval of the subdivision improvement agreement in accordance with the requirements of Section 36.09.070.If the subdivision improvement agreement and final map are approved by the city council, it shall instruct the city clerk to execute the agreement on behalf of the city. At the time the city council approves the final map, it shall also accept, accept subject to improvement or reject any offer of dedication. The city clerk shall certify on the final map the action by the city council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements are not accepted by the city council, the offer of dedication shall remain open and the city council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities or storm drainage easements, which acceptance shall be recorded in the office of the county recorder.The city may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the county recorder.If the subdivision improvement agreement and/or final map is unacceptable, the city council shall make its recommended correction's instruct the city engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been re-submitted.The city council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made. In such a case, the city shall follow the procedure according to Section 36.09.020(j).", "history": "(Ord. 1407 § 1)" }, { "guid": "44648377", "number": "§ 36.05.100", "title": "Denial by city council.", "text": "The city council shall not deny approval of the final map if the city has previously approved a tentative map for the proposed subdivision and if the city council finds that the final map is in compliance with the requirements of the Subdivision Map Act, this chapter, and the tentative map and all conditions thereof.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648378", "number": "§ 36.05.110", "title": "Filing with the county recorder.", "text": "Upon approval of the final map by the city council, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the county recorder.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648379", "title": "SUBDIVISIONS OF FOUR OR LESS PARCELS", "number": "36.06", "url": "https://ecode360.com/44648379", "sha256": "209b130023f9b9b70e333d87fccbb597b95e7f354b2bef17776d16cdb26a7f4c", "exportedArticleSha256": "0ba1092e6054f57ae6c2ef721cee2b2b5b69bb779ca331e02d6262f822c297fe", "sections": [ { "guid": "44648380", "number": "§ 36.06.010", "title": "General.", "text": "The form and contents, submittal and approval of applications for tentative maps for four or less parcels shall be governed by the provisions of this article.An application for approval of a tentative map pursuant to this article shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the applicable provisions of Chapter 18 (Housing) and Chapter 40 (Zoning) of this Code.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648381", "number": "§ 36.06.020", "title": "Form and contents—Accompanying data and reports.", "text": "The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of Section 36.04.020 and the accompanying data and reports shall comply with and be consistent with Sections 36.04.030 through 36.04.050, inclusive.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648382", "number": "§ 36.06.030", "title": "Department review.", "text": "The tentative map application shall be filed with the department for review in accordance with the provisions of Section 36.04.060.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648383", "number": "§ 36.06.040", "title": "Action by subdivision committee.", "text": "(a) Upon receipt of a tentative map application that is determined by the department to be complete, the department shall prepare a report and set the matter for a public hearing before the subdivision committee in accordance with the provisions of Section 36.04.070(a), or before the planning commission in accordance with subsection (b) of this section.(b) Either the community development director or the subdivision committee may require that the public hearing be held by the planning commission as opposed to the subdivision committee when the proposed development raises major general plan issues or extraordinary public concern. The hearing shall automatically be scheduled before the planning commission if the application is being processed concurrently with an application requiring planning commission action. If the tentative map is being processed concurrently with an application requiring action by the city council, the application shall be reviewed by the planning commission and forwarded to the city council for action. The hearing shall be noticed and held in accordance with the provisions of Section 36.04.070.(c) The tentative map may be approved, conditionally approved or denied by the approving body in accordance with the provisions and findings set forth in Section 36.04.070(b), (c), and (d).(d) If a tentative map is approved or conditionally approved by the subdivision committee, the department shall forthwith make a written report thereof to the planning commission. Any member of the planning commission shall have the right to call up the tentative map for planning commission review at a planning commission meeting or by a request to the community development director, either of which must be within ten days of the final action by the subdivision committee. If the commission, by a majority vote, decides to review the map, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). Such decision to review shall be made within ten days after such request is made. In addition, notice shall be given to the subdivision committee. The public hearing shall be held within thirty days after the commission decides to review the map. The commission may add, modify or delete conditions if the commission determines that such changes are necessary to ensure that the tentative map conforms to the Subdivision Map Act and this Code. The planning commission may deny the tentative map on any of the grounds contained in Section 36.04.070(d). Within ten days following the conclusion of the hearing, the planning commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the subdivision committee insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 1859 §§ 7, 8; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648388", "number": "§ 36.06.050", "title": "Appeals of subdivision committee or planning commission action.", "text": "Appeals of the subdivision committee action with respect to the tentative map shall be made first to the planning commission and then to the city council in accordance with the provisions of Section 36.04.100. Appeals of the planning commission action with respect to the tentative map shall be made to the city council in accordance with the provisions of Section 36.04.100.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648389", "number": "§ 36.06.060", "title": "Expiration and extensions.", "text": "The approval or conditional approval of a tentative map shall expire twenty-four months from its approval by the subdivision committee, planning commission or city council, whichever occurs last, unless the expiration date is extended in accordance with the provisions of Section 36.04.110. The subdivider may request an extension of the expiration date for action in accordance with the provisions of Section 36.04.120, except that the subdivision committee shall be responsible for the review of the request. The subdivision committee may approve, conditionally approve, or deny the request for an extension. The subdivider or any interested person adversely affected may appeal the action of the subdivision committee first to the planning commission and then to the city council in accordance with the provisions of Section 36.04.120(d).", "history": "(Ord. 1407 § 1)" }, { "guid": "44648390", "number": "§ 36.06.070", "title": "Amendments to approved or conditionally approved tentative map.", "text": "Amendments to the approved or conditionally approved tentative map or conditions of approval shall be made in accordance with Section 36.04.130; provided that amendments which in the opinion of the department, are not minor, shall be presented to the subdivision committee for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648391", "number": "§ 36.06.080", "title": "Waiver of parcel map requirements and waiver of tentative and final maps.", "text": "The approving body may, in its discretion, waive all or part of the requirements for a tentative and parcel map for the following:(a) Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;(b) Division of real property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose, such as schools sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;(c) Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the city;(d) Construction of a condominium project on a single parcel. The approving body may also, in its discretion, waive the requirement for a tentative and final map for construction of a condominium project on a single parcel;(e) Any other division of real property which would otherwise require a parcel map.The approving body shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, this Code and the general plan.Upon the waiver of the parcel map requirement, or the tentative and final map requirement, pursuant to this section, the city engineer shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with Section 36.15.030(b), and a plat map showing the division. The certificate shall include a certificate by the county tax collector in accordance with Section 36.50.060(d).A waiver by the approving body may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law by a method approved by the approving body.If any waiver is approved or conditionally approved pursuant to this section, the department shall make a written report thereof to the appeal body. Any member of the appeal body shall have the right to call up that waiver approval for review by a written request to the community development director within ten days of the final action by the approving body. If the appeal body decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). In addition notice shall be given to the approving body. The public hearing shall be held within thirty days after the date of request for review. The appeal body may add, modify or delete conditions if the appeal body determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act and this Code. The appeal body may deny the waiver on any of the grounds contained in this chapter. Within ten days following the conclusion appeal body shall render its decision. If the appeal body does not act on the hearing within the time limits set forth in this section, the waiver shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the approving body insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 1859 § 9; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648397", "number": "§ 36.06.090", "title": "Parcel maps.", "text": "The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of the Subdivision Map Act and this section.(a) Survey required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.(b) Form and contents. The form and contents of the parcel map shall conform to the final map form and contents requirements of Section 36.05.040 and Section 36.05.050.(c) Preliminary submittal. The subdivider shall submit prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by Section 36.05.060.The city engineer may waive any of the requirements if the location and nature of the proposed subdivision does not justify compliance with the requirements of Section 36.05.060.(d) Review and approval by subdivision committee. The subdivision committee shall review the parcel map and the subdivider shall make corrections and/or additions until the map is acceptable to the subdivision committee. The subdivider shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, the subdivision committee. The city clerk or authorized agent shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the approved parcel map to the county recorder.The subdivision committee shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof.If a parcel map is approved, the department shall make a written report thereof to the planning commission. Any member of the planning commission shall have the right to call up the map for planning commission review by a written request to the community development director within ten days of the final action by the subdivision committee. If the commission decides to review the map it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). In addition, notice shall be given to the subdivision committee. The public hearing shall be held within thirty days after the date of the request for review. The commission may deny the acceptance of the map on any of the grounds contained in this chapter. Within ten days following the conclusion of the hearing, the commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the map shall be deemed to have been approved and accepted as last approved and accepted by the subdivision committee insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648402", "title": "VESTING TENTATIVE MAPS", "number": "36.07", "url": "https://ecode360.com/44648402", "sha256": "07a68c3e17937af3a9c00fc40071b5753d362f1c0c79c608faff630a36e1d45d", "exportedArticleSha256": "696e2d6c71b8a2bfbfefeb088338a343867619366bd264f6452c9c02491acdfd", "sections": [ { "guid": "44648403", "number": "§ 36.07.010", "title": "Authority and purpose.", "text": "This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act (hereinafter referred to as the \"vesting tentative map statute\") and may be cited as the Davis Vesting Tentative Map Ordinance. The purpose of this article is to establish appropriate local procedures for the implementation of the vesting tentative map statute.To accomplish this purpose, the regulations contained in this article are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648404", "number": "§ 36.07.020", "title": "Consistency.", "text": "No land shall be submitted and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or which is not permitted by Chapter 40 (Zoning) or other applicable provisions of this Code.An application for approval of a vesting tentative map pursuant to this article shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the applicable provisions of Chapter 18 (Housing) and Chapter 40 (Zoning) of this Code.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648405", "number": "§ 36.07.030", "title": "Definitions.", "text": "Vesting tentative mapmeans a \"tentative map\" for a subdivision, as defined in Section 36.02.010, that shall have printed conspicuously on its face the words \"Vesting Tentative Map\" at the time it is filed in accordance with Section 36.07.050, and is thereafter processed in accordance with the provisions hereof. For purposes of this article, \"vesting tentative map\" includes a vesting tentative map prepared in connection with a parcel map.All other definitions set forth in this chapter are applicable.", "history": "(Ord. 1407 § 1; Ord. 2116 § 1, 2003)" }, { "guid": "44648407", "number": "§ 36.07.040", "title": "Application.", "text": "(a) This article shall apply to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map for a development, a vesting tentative map may instead be filed, in accordance with the provisions of this article.(b) If a subdivider does not seek the right conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.", "history": "(Ord. 1407 § 1; Ord. 2116 § 2, 2005)" }, { "guid": "44648410", "number": "§ 36.07.050", "title": "Filing and processing.", "text": "A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words \"Vesting Tentative Map.\"", "history": "(Ord. 1407 § 1)" }, { "guid": "44648411", "number": "§ 36.07.060", "title": "Fees.", "text": "(a) Upon filing a vesting tentative maps, the subdivider shall pay all fees and/or deposits in accordance with Section 36.01.070.(b) The planning or subdivision committee, as the case may be, may require as a condition of its approval that the payment by the subdivider of all development fees-required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648414", "number": "§ 36.07.070", "title": "Expiration.", "text": "The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Sections 36.04.110 and 36.06.060 for the expiration of the approval or conditional approval of a tentative map.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648415", "number": "§ 36.07.080", "title": "Rights of a vesting tentative map.", "text": "(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, polices and standards described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.(b) Notwithstanding subsection (a) of this section, a permit, approval, extension or entitlement may be conditioned or denied if any of the following are determined:(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.(2) The condition or denial is required, in order to comply with state or federal law.(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 36.07.050. If the final map is approved, these rights shall last for the following periods of time:(1) An initial time period of one year beyond the recording of the final map or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 36.07.070 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.(2) The one-year initial time period set forth in subsection (c)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty days from the date a complete application is filed.(3) A subdivider may apply to the planning commission, in the case of final maps, or to the subdivision committee, in the case of parcel maps, for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days in accordance with Section 36.04.120(d).(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.(d) Consistent with subsection (a), an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648426", "number": "§ 36.07.090", "title": "Amendment to approved vesting tentative map.", "text": "Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with Section 36.04.090 or Section 36.06.070, as the case may be.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648427", "number": "§ 36.07.100", "title": "Applications inconsistent with current policies.", "text": "Notwithstanding any provisions of this article to the contrary, a property owner or designee may seek approvals or permits for the development which depart from the ordinances, policies and standards described in Section 36.07.080(a), and the city may grant these approvals or issue these permits to the extent that the departures are Authorized under this chapter, this Code, the general plan and other applicable law.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648428", "title": "DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES", "number": "36.08", "url": "https://ecode360.com/44648428", "sha256": "24d8a7772af53ecb303d008bbfb9b7c2cce8928aaaf492144018e10d37163760", "exportedArticleSha256": "8a4b31cb015122c918e8b4e6c701df8f23b2fabecbdf77b7cf2b6a3a105687c8", "sections": [ { "guid": "44648429", "number": "§ 36.08.010", "title": "Dedication of streets, alleys and other public rights-of-way or easements.", "text": "As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements.Improvements shall be in accordance with Article 36.09, Improvements, of this chapter.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648430", "number": "§ 36.08.020", "title": "Waiver of direct access rights.", "text": "The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision.Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648431", "number": "§ 36.08.030", "title": "Dedications.", "text": "All dedications of property to the city for public purposes shall be made in fee title, except that, in the city's discretion, a grant of an easement may be taken for the following purposes: Open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648432", "number": "§ 36.08.040", "title": "Parkland dedication.", "text": "(a) General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the city and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the policies, principles and standards for park and recreational facilities contained in the general plan.For purposes of this article, park and recreational purposes shall include land and facilities for the activity of \"recreational community gardening,\" which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.(b) Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this article. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.(c) General standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of property for each one thousand persons residing within the city be devoted to local park and recreational purposes.(d) Standards and formula for dedication of land. Where a park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate suitable land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:Acres of parkland Dwelling unit=  .005  Person*Average number of personsDwelling unit*Based on five acres of parkland per one thousand population.The following parkland dedication table, based on the above formula, is to be followed:Parkland Dedication TableDwelling Type of Land UseAverage No. Persons per Dwelling UnitAcres per Dwelling UnitAll dwelling units2.62.0131For purposes of this section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved final development plan. The term \"new dwelling unit\" does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the community development director, the director of public works and the community services director in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including, but not limited to: Tot lots, playlots, playgrounds, neighborhood parks, playfields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizen and child-care activities. Principal consideration shall be given therefor to lands that offer:(1) A variety of recreational potential for all age groups;(2) Recreational opportunities within walking distance from residents' homes;(3) Possibility for expansion or connection with school grounds;(4) Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;(5) Coordination with all other park systems; and(6) Access to at least one existing or proposed public street.(e) Formula for fees in lieu of land dedication.(1) General Formula. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the city's discretion, either dedicate land in the amount provided in Section 36.08.040(d) or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 36.08.040(d) and in an amount determined in accordance with the provisions of Section 36.08.040(g).(2) Fees in Lieu of Land—Fifty Parcels or Less. Except as provided in Section 36.08.040(f), if the proposed subdivision contains fifty parcels or less and has not park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 36.08.040(d) and in an amount determined in accordance with the provisions of Section 36.08.040(g).(3) Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to Section 36.08.040(k), for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.(f) Criteria for requiring both dedication and fee. If the proposed subdivision contains more than fifty parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty dwelling units, although the actual number of parcels may be less than fifty, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:(1) When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 36.08.040(g) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 36.08.040(g).(2) When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 36.08.040(g) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 36.08.040(d). The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.(g) Amount of fee in lieu of parkland dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the land being subdivided and the estimated fair market value of the land which would otherwise be required to be dedicated according to Section 36.08.040(d).The fair market value shall be as determined by the department at the time of final map or parcel map approval, if the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.For purposes of determining fair market value pursuant to this subsection, the department and any appraiser shall consider, among other things:(1) Conditions of approval of the tentative map;(2) The general plan and zoning requirements for the area;(3) The location and site characteristics of the property; and(4) Off-site and on-site improvements facilitating use of the property.(h) Determination of land or fee. Whether the city accepts land dedication, or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:(1) Policies, standards and principles for park and recreation facilities in the general plan;(2) Topography, geology, access and location of land in the subdivision available for dedication;(3) Size and shape of the subdivision and land available for dedication;(4) Feasibility of dedication;(5) Compatibility of dedication with the general plan;(6) Availability of previously acquired park property.The determination by the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.(i) Credit for improvements and private open space. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 11003.1, 11003.2, 11003.4, and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.(j) Procedure.(1) At the time of the approval or conditional approval of the tentative map, the approving body shall determine, after a report and recommendation from the community services director, whether land, in-lieu fees or a combination of land and fees, shall be dedicated and/or paid by the subdivider.(2) The approving body may approve, modify or disapprove the recommendation of the community services director; provided, however, any modification of the proposed recommended condition not previously considered by the community services director shall first be referred back to the community services director for a report and further recommendation. The community services director shall report back to the approving body within thirty days. After the receipt and consideration of the report, or after thirty days have passed in the event no report is received, the approving body may adopt the condition.(3) The recommendation of the community services director shall include the following:(A) The amount of land required; or(B) That a fee be charged in lieu of land; or(C) That a combination of land and a fee be required; and(D) The location of the parkland and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and(E) The approximate time when the development of the park or recreation facility shall commence.(4) At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city. At the discretion of the city, fees may be paid prior to issuance of any building permit for any structure in the subdivision.(5) Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map of parcel map.(k) Schedule of use. At the time of the approval of the final map or parcel map, the city shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.(l) Not applicable to certain subdivisions. The provisions of this section shall not apply to the following:(1) Subdivisions containing four or less parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.(2) Commercial or industrial subdivisions.(3) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.", "history": "(Ord. 1407 § 1; Ord. 1752 § 1; Ord. 1859 §§ 10, 11; Ord. 2116 § 3, 2003; Ord. 2390 §§ 2, 3, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648479", "number": "§ 36.08.050", "title": "School site dedication.", "text": "(a) General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within the Davis joint unified school district shall dedicate to the school district such lands as the city shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service.(b) Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map.If within thirty days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with or up to sixty days after the filing of the final map or parcel map on any portion of the subdivision.(c) Payments to subdivider for school site dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:(1) The cost of any improvements to the dedicated land since acquisition by the subdivider;(2) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.(d) Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648487", "number": "§ 36.08.060", "title": "Reservations.", "text": "(a) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.(b) Standards for reservation of land. Where a park, recreational facility, fire station, library or other public use is shown on the general plan or an adopted specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the general plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the general plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.(c) Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.(d) Payment to subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.(e) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648493", "number": "§ 36.08.070", "title": "Local transit facilities.", "text": "As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities and similar items which directly benefit the residents of the subdivision, if:(a) The subdivision as shown on the tentative map has the potential for two hundred dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred acres or more; and(b) If the city finds that transit services are or will, within a reasonable time period, be made available to the subdivision.The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648496", "number": "§ 36.08.080", "title": "Bridges and major thoroughfares.", "text": "(a) Purpose. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in order to implement the Circulation-Transportation Element of the general plan and, in the case of bridges, the transportation provisions thereof.(b) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:Constructionmeans design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.Major thoroughfaremeans a roadway as shown on the Circulation-Transportation Element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.(c) Payment of fees generally.(1) Prior to filing a final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.(2) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (c)(1) of this section.(3) Notwithstanding the provisions of subsections (c)(1) and (c)(2) of this section:(A) Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility servicing the area at the time of adoption of the boundaries of the area of benefit.(B) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.(d) Consideration in lieu of fees. Upon application by the subdivider or applicant for a building permit, the city council, in the case of subdivisions of five or more parcels, or the subdivision committee, in the case of subdivisions of four or less parcels, may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the city council or subdivision committee, as the case may be, first finds upon recommendation of the public works director, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the city council or subdivision committee, as the case may be.(e) Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the city council at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall be given pursuant to Section 36.04.070(a) and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.(f) Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by ordinance or resolution.(g) Exemptions. Notwithstanding the provisions of subsection (f), payment of such fees shall not be required for:(1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, that the total value, as determined by the building official, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the building official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code.(2) The following accessory buildings and structures: Private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.(h) Protest.(1) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefited by the improvement may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk and no other protest or objections shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing.(2) If there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648516", "number": "§ 36.08.090", "title": "Supplemental improvement capacity.", "text": "(a) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the city shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.(b) The city council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:(1) The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.(2) The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the city for such costs, together with interest thereon, if any, paid to the subdivider.(3) The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.(c) No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the city council in accordance with the provisions of Section 36.08.080(e) and the city council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.(d) In addition to the notice required by Section 36.08.080(e), written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for the hearing.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648524", "number": "§ 36.08.100", "title": "Drainage fees. (Reserved)", "text": "", "history": "" }, { "guid": "44648525", "number": "§ 36.08.110", "title": "Solar access easements.", "text": "As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Section 801.5 of the State Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.At the time of tentative map approval, the planning commission or subdivision committee, as the case may be, shall specify the following:(a) The standards for determining the exact dimensions and locations of such easements.(b) Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.(c) The terms for conditions, if any, under which an easement may be revised or terminated.The foregoing provisions of this section do not apply to condominium projects which consists of the subdivision of airspace in an existing building where no new structures are added.The provisions of this section are in addition to, and not in substitution for or limitation of, the provisions of Article 40.38, Solar Shade Control, of this Code.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648529", "number": "§ 36.08.120", "title": "Interim classroom facilities.", "text": "(a) Authority, purpose and intent.(1) This section is enacted pursuant to the authority of Section 65970 et seq., of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.(2) The city council finds:(A) Public education in the primary and secondary grades is provided in the city by the Davis joint unified school district.(B) From time to time, new residential development may cause overcrowding in one or more schools in the district.(C) It is necessary that a method be available to provide the district with interim classroom facilities when conditions of overcrowding exist, in order that education not be adversely affected.(b) Definitions. In addition to the definitions set forth in Sections 65973 and 65980 of the Government Code and Section 36.02.010 of this chapter, the following definitions shall apply to this section:Boardmeans the board of trustees of the district.Declaration of impactmeans a statement adopted by the board, and forwarded to the city council, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Section 56971 of the Government Code. The declaration of impact may include the schedule required by Section 65976 of the Government Code.Districtmeans the Davis joint unified school district.(c) Action by board. The board may, from time to time, adopt a declaration of impact and file the same with the city clerk for consideration by the city council.(d) Action by city council. Upon receipt of a declaration of impact from the board and the schedule required by Section 65976 of the Government Code, the city council shall, if it concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee or commission within the city to withhold approval of, new residential development within the attendance area of the impacted school or schools pending compliance with subsection (e).(e) Mitigation measures.(1) The city council shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Section 65974 of the Government Code.(2) The decision concerning whether to require the dedication of land, payment of fees or an appropriate combination shall be determined after consultation with the board concerning the needs of the district as they relate to the impacted school or schools.(3) The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, shall be prescribed by resolution of the city council and shall be collected at the time of issuance of a building permit.(f) Use of fees and land—Accounting.(1) The district shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.(2) The district shall provide to the city council the report required by Section 65978 of the Government Code.(g) City's right to disapprove development or require other fees. Nothing in this section shall be construed to limit the right of the city to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the district which cannot be alleviated by the provisions of this section.", "history": "(Ord. 1407 § l)" }, { "guid": "44648550", "number": "§ 36.08.130", "title": "Permanent classroom facilities.", "text": "The city may not require, as a condition of approval of a tentative map for a residential subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent facilities for school purposes. Nothing in this chapter is intended as a limitation on the district's authority to directly levy a fee, charge, dedication or other form of requirement against any development project, pursuant to Section 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648551", "number": "§ 36.08.140", "title": "Reimbursements to a telephone corporation or cable television system for undergrounding or relocation.", "text": "Whenever the city imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation. All these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the city be obligated for such reimbursement.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648552", "title": "IMPROVEMENTS", "number": "36.09", "url": "https://ecode360.com/44648552", "sha256": "b0c5f9d31a3074149a73546d43beacf1a53e50f1e6ab74db20c27478eb4bc861", "exportedArticleSha256": "ab78890413bfde6a36e92b80eb56e5172a1718624b3474bc4b7fccd869e1ee3b", "sections": [ { "guid": "44648553", "number": "§ 36.09.010", "title": "General.", "text": "The subdivider shall construct all required improvements, both on-site and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the city council's resolution or resolutions establishing such standards.No final map shall be presented to the council, or parcel map to the subdivision committee, for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do the work.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648554", "number": "§ 36.09.020", "title": "Required improvements.", "text": "(a) General. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions.Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.Completion of improvements shall be in accordance with Section 36.09.100.(b) Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.(c) Storm drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved stormdrain system. The stormdrain system shall be designed for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a one-hundred-year flood. The stormdrain system shall provide for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a one-hundred-year flood. The stormdrain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site stormdrain improvements may be required to satisfy this requirement.(d) Sanitary sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the provisions of Chapter 33 (Sewers and Sewage Disposal) of this Code.(e) Water supply. Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of Chapter 39 (Water) of this Code.(f) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cablevision facilities.(g) Underground utilities.(1) All existing and proposed utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations. Undergrounding shall be required for overhead lines on either side of peripheral streets.(2) The developer may request that the undergrounding requirement along peripheral streets be waived by the approving body may, at its discretion, accept a fee in lieu of the undergrounding. The amount of fee shall be determined by the city engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or payment of an in-lieu fee shall be a condition of approval of the tentative map.(3) Undergrounding requirements may be waived or modified by the approving body only upon finding:(A) The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements; and(B) Overhead utilities will have no significant visual impact.(4) If the undergrounding requirements are waived as allowed by the findings in subdivision (3)(A) and (B) of this subsection, the in-lieu fee as established by the city engineer shall be made a condition of approval of the tentative map.(5) In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the city council for future undergrounding of utilities throughout the city.(6) The provisions of this subsection are in addition to, and not in substitution for or limitation of, the provisions of Chapter 38 (Underground Utility Districts) of this Code.(h) Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties.(i) Other improvements. Other improvements including, but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences and smoke detectors, or fees in lieu of any of the foregoing, shall also be required as determined by the city engineer in accordance with this Code, the general plan and city standards and specifications.(j) Off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one-hundred-twenty day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or an interest in the land.The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.", "history": "(Ord. 1407 § 1; Ord. 1859 §§ 12, 13)" }, { "guid": "44648573", "number": "§ 36.09.030", "title": "Deferred improvement agreements.", "text": "(a) Subdivisions of four or less parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the city engineer. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the city, in form acceptable to the city engineer and city attorney, for the installation of all frontage improvements at a time in the future as specified by the city. The city clerk shall execute the agreement on behalf of the city. The agreement shall provide for the following:(1) Construction of improvements shall commence within ninety days of the receipt of the notice to proceed from the city and shall be completed within the time specified by Section 36.09.100.(2) That in the event of a default by the subdivider and/or owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid.(3) That the agreement shall be recorded with the county recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment.(4) That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property.(5) That the terms \"subdivider\" and \"owner\" include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.(6) Any other improvement security as required by Section 36.09.080.(7) Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this Code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of this Code in effect at the time of construction.(b) Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:(1) The public health and safety, or(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648585", "number": "§ 36.09.040", "title": "Design.", "text": "(a) General. The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act and applicable provisions of this Code.(b) Energy conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.Examples of passive or natural hearing opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes.In providing for future passive or natural hearing or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided and other design and improvement requirements. The provision shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.The requirements of this subsection do not apply to condominium projects which consist of the subdivision of air-space in an existing building when no new structures are added.For the purpose of this subsection, \"feasible\" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.(c) Cable television service. The design of a subdivision for which a tentative map or parcel map is required shall provide one or more appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the mad as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision.For the purpose of this subsection, \"appropriate cable television systems\" means those franchised or licensed to serve the geographical area in which the subdivision is located.This subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives (Section 66473.6).", "history": "(Ord. 1407 § 1)" }, { "guid": "44648589", "number": "§ 36.09.050", "title": "Access.", "text": "All lots or parcels shall have access to a public street improved to the standards set forth in this article. Private streets shall not normally be permitted. However, if the approving body determines that the most logical development of the land requires that lots be developed with access to private streets such a development may be approved. The subdivider, shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means of access to each lot and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications of the city as approved by the city engineer. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the city engineer and city attorney.If flag lots are approved as part of the subdivision, the requirements, including the improvements to the stem of the flag lots, shall be as described for private streets in the preceding paragraph.Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required by the city.", "history": "(Ord. 1407 § 1; Ord. 1859 § 14)" }, { "guid": "44648590", "number": "§ 36.09.060", "title": "Improvement plans.", "text": "(a) General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state.Improvement plans shall include, but shall not be limited to, all improvements required pursuant to Section 36.09.020.(b) Form. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four-inch by thirty-six inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inch on the left side.(1) A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the city engineer and for approval of plan revisions.(2) Plans and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved otherwise by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales of various portions of the plans shall be shown on each sheet.(3) A vicinity map shall be shown on the first sheet of all sets of plans.(4) A north arrow shall be shown on each sheet when applicable.(5) Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.(6) All lettering shall be one-eighth inch minimum.(7) If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, stormdrains, index and vicinity map shall be included.(8) The form of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.(c) Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas.Reference may be made to the City of Davis or state standard plans in lieu of duplicating the drawings.(d) Supplementary plans and calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state and in a form approved by the city engineer.(e) Review by the city engineer. The subdivider shall submit the improvement plans and all computations to the city engineer for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.(f) Approval by the city engineer. After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the city engineer for signature.(1) Upon finding that any required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of the approval of the tentative map, the city engineer shall sign and date the plans. The city engineer may make a reproducible set of the plans for use by the city. The originals will be returned to the subdivider.(2) Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.(3) Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.(g) Revision to approved plans.(1) By Subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the city engineer and consistent with the tentative map, the originals shall be submitted to the city engineer's office for initialing. The originals shall be returned to the subdivider and the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the city engineer.(2) By City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the city engineer for initialing within the time specified by the city engineer.(A) Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the city engineer. Construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.(B) The subdivider may appeal revisions required by the city engineer to the city council by filing an appeal in writing with the city manager within fifteen days following receipt of the request to revise the plans.(3) Plan Checking and Inspection Costs for Revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised plans and applied toward the actual costs.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648614", "number": "§ 36.09.070", "title": "Improvement agreement.", "text": "The improvement agreement shall be prepared by the city engineer and approved as to form by the city attorney. The agreement shall provide for:(a) Construction of all improvements required pursuant to Section 36.09.020, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer;(b) Completion of improvements within the time specified by Section 36.09.100;(c) Right of the city to modify plans and specifications and to require the subdivider to pay for modifications;(d) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;(e) Payment of inspection fees in accordance with the city's resolution;(f) Payment of in-lieu fees for undergrounding of utilities on peripheral streets;(g) Payment of planned drainage facility fee;(h) Improvement security as required by Section 36.09.080;(i) Maintenance and repair of any defects or failures and their causes;(j) Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the city may incur because of any legal action or other proceeding arising from the development;(k) Any other deposits, reimbursements, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer;(l) Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648627", "number": "§ 36.09.080", "title": "Improvement security.", "text": "(a) General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Section 66499 et seq., of the Subdivision Map Act and as provided below.No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.(b) Form of security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:(1) Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act.(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys.(3) An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.(4) Any other form of security as provided in Section 66499 of the Subdivision Map Act.(c) Amount of security. A performance bond or other security in the amount of one hundred percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent of the estimated construction cost shall be required to guarantee payment to subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the city in enforcing the obligations secured.The estimate of improvements costs shall be as approved by the city engineer and shall provide for:(1) Not less than five percent nor more than ten percent of the total construction cost for contingencies;(2) Increase for projected inflation computed to the estimated midpoint of construction;(3) All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation.(d) Cash bond. The subdivider shall deposit with the city not less than one thousand dollars cash for subdivisions of four or less parcels, and three thousand dollars for other subdivisions, or an additional amount as required by the city engineer, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or sub-contractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.(e) Warranty security. Upon acceptance of the subdivision improvements by the city, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one year following the completion and acceptance of the improvements. The amount of the warranty security shall not be less than ten percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.(f) Reduction in performance security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this Code or the improvement agreement.(g) Release of improvement security.(1) Performance Security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies.(2) Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.(3) Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:(A) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.(B) Not less than twelve months have elapsed since the acceptance of the improvements by the city.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648647", "number": "§ 36.09.090", "title": "Construction and inspection.", "text": "The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the city.Construction shall not commence until all required improvement plans have been approved by the city engineer. All improvements are subject to inspection by the city engineer or authorized personnel in accordance with the city's approved specifications.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648648", "number": "§ 36.09.100", "title": "Completion of improvements.", "text": "(a) Subdivisions of five or more parcels. The improvements for subdivisions of five or more parcels shall be completed by the subdivider within twelve months, or such later time as approved by the city engineer, not to exceed thirty-six months, from the recording of the final map, unless an extension is granted by the city council.Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of the city council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.(b) Subdivisions of four or less parcels. The completion of improvements for subdivisions of four or less parcels shall not be required until a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the city when the completion of the improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the city engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.(c) Extensions. The completion date may be extended by the city council, for subdivision of five or more parcels, or by the subdivision committee, for subdivision of four or less parcels, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.(1) The subdivider shall enter into a subdivision improvement agreement extension with the city. For subdivisions of five or more parcels, the agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the city clerk shall execute the agreement on behalf of the city. For subdivisions of four or less parcels, the same procedure shall be followed, except that the agreement shall be considered by the subdivision committee, and if approved, executed by the city clerk on behalf of the city.(2) If an extension for a subdivision of four or less parcels is approved or conditionally approved, the department shall make a written report thereof to the planning commission prior to the extension agreement being executed by the city clerk, and the city clerk shall not execute that agreement if it is called up by the planning commission until the planning commission has completed its review as set forth herein. Any member of the planning commission shall have the right to call up that agreement for planning commission review by a written request to the community development director within ten days of the final action by the subdivision committee. If the commission decides to review the agreement and conditions, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). In addition, notice shall be given to the subdivision committee. The public hearing shall be held within thirty days after the date of the request for review. The commission may add, modify or delete conditions if the commission determines that such changes are necessary to ensure that the agreement conforms to the Subdivision Map Act and this Code. The planning commission may deny the agreement on any of the grounds contained in this chapter. Within ten days following the conclusion of the hearing, the commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the agreement shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the subdivision committee insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.(3) In consideration of a subdivision improvement agreement extension, the following may be required:(A) Revision of improvement plans to provide for current design and construction standards when required by the city engineer;(B) Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;(C) Increase of improvement securities in accordance with revised construction estimates;(D) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.(4) The city council or subdivision committee, as the case may be, may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.(5) The costs incurred by the city in processing the agreement shall be paid by the subdivider at actual cost plus twenty-five percent of such cost for overhead expenses.(d) As-built plans. Upon completion of the improvements, the subdivider shall submit to the city engineer a reproducible set of as-built improvement plans.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648662", "number": "§ 36.09.110", "title": "Acceptance of improvements.", "text": "(a) General. With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision improvements shall be considered by the city engineer for acceptance.Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.(b) Acceptance. If the subdivision improvements have been accepted by the city engineer and public improvements have been dedicated on the final map or parcel map, the city clerk shall file an acceptance of public improvements with the county recorder.(c) Acceptance of a portion of the improvements. When requested by the subdivider in writing, the city engineer may consider acceptance of a portion of the improvements. Such improvements will be accepted by the city engineer only if the city engineer finds that it is in the public interest to do so and such improvements are for the use of the general public.Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this article.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648666", "title": "REVERSIONS TO ACREAGE", "number": "36.10", "url": "https://ecode360.com/44648666", "sha256": "776d6acc74721607416fb1491804228f2ba8ed8b65260760f4260b8ecb8b3836", "exportedArticleSha256": "cd959e48e2ea8a1fa4c1216ab91e10227c20dd2202244bc68e747d8ac752c3e6", "sections": [ { "guid": "44648667", "number": "§ 36.10.010", "title": "General.", "text": "Subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this article. This article shall apply to final maps and parcel maps.Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20 1/2 of the of the Subdivision Map Act and this chapter.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648668", "number": "§ 36.10.020", "title": "Initiation of proceedings.", "text": "(a) By owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall contain the information required by Section 36.10.030 and any other information as required by the city engineer.(b) By city council. The city council, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the department to obtain the necessary information to initiate and conduct the proceedings.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648671", "number": "§ 36.10.030", "title": "Contents of petition.", "text": "The petition shall contain, but not be limited to, the following:(a) Evidence of title to the real property.(b) Evidence of the consent of all of the owners of an interest in the property.(c) Evidence that none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.(d) Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record.(e) A final or parcel map in the form, and with the contents, prescribed by Sections 36.05.040 and 36.05.050. or Section 36.06.090, as the case may be, which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, \"The Purpose of this Map is a Reversion to Acreage.\"(f) Fees and/or deposits in accordance with Section 36.01.070.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648678", "number": "§ 36.10.040", "title": "Submittal of petition to the city engineer.", "text": "The final or parcel map for the reversion, together with all other data as required by this article, shall be submitted to the city engineer for review.Upon finding that the petition meets with all the requirements of the Subdivision Map Act or this chapter, the city engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the city council for its consideration.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648679", "number": "§ 36.10.050", "title": "City council approval.", "text": "A public hearing shall be held by the city council on all proposed reversions to acreage. Notice of the public hearing shall be given by the city engineer as provided in Section 36.04.070(a). The city engineer may give such other notice that the city engineer deems necessary or advisable.The city council may approve a reversion to acreage only if it finds and records by resolution that:(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and(b) Either:(1) All owners of an interest in the real property within the subdivision have consented to reversion; or(2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or(3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.(c) The city council may require as conditions of the reversion:(1) The owners dedicate or offer to dedicate streets, public rights-of-way or easements.(2) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this chapter.(3) Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this chapter or necessary to protect the public health, safety or welfare.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648689", "number": "§ 36.10.060", "title": "Filing with county recorder.", "text": "Upon approval of the reversion to acreage, the city clerk shall transmit the final or parcel map, together with the city council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648690", "title": "PARCEL MERGERS AND UNMERGERS", "number": "36.11", "url": "https://ecode360.com/44648690", "sha256": "4c7daf17e0e2927966032e55866b826ef7b33539b4fff28d96c1c67758db6349", "exportedArticleSha256": "cbe1d4815a6ef830bf2e74c4dea71d410459e7935517cdac4eb768ff5daa518a", "sections": [ { "guid": "44648691", "number": "§ 36.11.010", "title": "Mergers required.", "text": "Two or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by Chapter 40 (Zoning) of this Code, and if all of the following requirements are satisfied:(a) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.(b) With respect to any affected parcel, one or more of the following conditions exists:(1) Comprises less than five thousand square feet in area at the time of the determination of merger;(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;(3) Does not meet current standards for sewage disposal and domestic water supply;(4) Does not meet slope stability standards;(5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;(6) Its development would create health or safety hazards;(7) Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.(c) For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this article.(d) Subsection (b) of this section shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C) or (D) of the Subdivision Map Act exist.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648703", "number": "§ 36.11.020", "title": "Notice of intention to determine status.", "text": "Prior to recording a notice of merger, the department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this article and that, within thirty days from the date the notice of intention was recorded, the owner may request a hearing before the subdivision committee to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder by the department on the same day that the notice is mailed to the property owner.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648704", "number": "§ 36.11.030", "title": "Hearing on determination of status.", "text": "The owner of the affected property may file a written request for a hearing with the department within thirty days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for a hearing before the subdivision committee and notify the owner by certified mail. The hearing shall be conducted within sixty days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the subdivision committee and the property owner.At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this article.At the conclusion of the hearing, the subdivision committee shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within five days of the date of the hearing.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648705", "number": "§ 36.11.040", "title": "Determination of merger.", "text": "If the subdivision committee makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department within thirty days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 36.11.050. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under this article shall be in a form approved by the city engineer and shall be approved by the city engineer prior to being filed for record with the county recorder.If the subdivision committee makes a determination that the parcels shall not be merged, a release of the notice of intent to determine status shall be filed for record with the county recorder by the department within thirty days after the subdivision committee determination, and a clearance letter shall be mailed to the owner by the department.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648706", "number": "§ 36.11.050", "title": "Appeals and planning commission review.", "text": "The determination of the subdivision committee shall be appealed first to the planning commission and then to the city council in accordance with Section 36.04.100; provided that the appeal shall be filed within fifteen days of the date of the notice of determination and the city council shall hear the appeal within sixty days from the date of appeal. If, after hearing, the city council grants the appeal and determines that the affected property has not been merged pursuant to this article, the department shall, within thirty days after the city council determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner.When the subdivision committee makes a determination to merge or not merge contiguous parcels or units, the department shall make a written report thereof to the planning commission. Any member of the planning commission shall have the right to call up the determination for planning commission review by a written request to the community development director within ten days of the final action by the subdivision committee. If the commission decides to review the determination, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). In addition, notice shall be given to the subdivision committee. The public hearing shall be held within thirty days after the date of the request for review. The committee may add, modify or delete conditions if the committee determines that such changes are necessary to ensure that the tentative map conforms to the Subdivision Map Act and this Code. The commission may reverse or affirm the determination on any of the grounds contained in this chapter. Within ten days following the conclusion of the hearing, the commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the determination shall be deemed to have been affirmed as last determined by the subdivision committee insofar as it complies with all other applicable provisions of the Subdivisions Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648707", "number": "§ 36.11.060", "title": "Determination when no hearing is requested.", "text": "If the owner does not file a request for a hearing within thirty days after the recording of the notice of intention to determine status, the subdivision committee may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall filed for record with the county recorder by the department within ninety days after the mailing of the notice of intention to determine status pursuant to Section 36.11.020.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648708", "number": "§ 36.11.070", "title": "Request to merge by property owner.", "text": "If the merger of contiguous parcels or units is initiated by a record owner, the owner may waive in writing the right to a hearing before the subdivision committee and to all notices required by this article. Upon receipt of such waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648709", "number": "§ 36.11.080", "title": "Unmerged parcels.", "text": "Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:(a) The parcel meets each of the following criteria:(1) Contains at least five thousand square feet in area;(2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation;(3) Meets current standards for sewage disposal and domestic water supply;(4) Meets slope density standards;(5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability;(6) Its unmerger and development would create no health or safety hazards;(7) The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.(b) And, with respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4) or (5) of the Subdivision Map Act exist.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648719", "number": "§ 36.11.090", "title": "Request for determination by owner.", "text": "Upon written application made by the owner to the department, the subdivision committee shall make a determination that the affected parcels have merged or are to be merged. If the subdivision committee determines that the parcels have not merged, the owner shall be so notified by the department.If the subdivision committee determines that the parcels have merged and that they meet the requirements for unmerger in Section 36.11.080, a notice of status, as approved by the city engineer, shall be issued to the owner and filed for record with the county recorder by the department, which shall identify each parcel and declare that they are unmerged pursuant to this article.If the subdivision committee determines that the parcels have merged and do not meet the unmerger requirements in Section 36.11.080, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the county recorder by the department. The owner may appeal the decision of the subdivision committee as provided in Section 36.11.050.The planning commission may review the subdivision committee's determination as provided in Section 36.11.050.", "history": "(Ord. 1407 § 1)" }, { "guid": "44648720", "number": "§ 36.11.100", "title": "Fee for mergers and unmergers.", "text": "A fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner, in accordance with Section 36.01.070.", "history": "(Ord. 1407 § 1)" } ] }, { "guid": "44648721", "title": "CORRECTION AND AMENDMENT OF MAPS", "number": "36.13", "url": "https://ecode360.com/44648721", "sha256": "06af02b8758ab6032f5e05da8450a78c67b4fdcb8367946ed535c640cb8a8c10", "exportedArticleSha256": "4b5014a2fe84e059f3d1c855526e071368d9c443eeb20b61fd3d28be65bfb8e7", "sections": [ { "guid": "44648722", "number": "§ 36.13.010", "title": "Requirements.", "text": "After a final or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:(a) To correct an error in any course or distance shown thereon;(b) To show any course or distance that was omitted therefrom;(c) To correct an error in the description of the real property shown on the map;(d) To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;(e) To show the proper location of any monument which has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character.(f) To correct any other type of map error or omission as approved by the city engineer, which does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.(g) To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modification shall be set for public hearing by the planning commission, in the case of a final map, or the subdivision committee, in the case of a parcel map, in accordance with Section 36.04.070 or 36.06.040 of this chapter, as the case may be. The planning commission or subdivision committee shall confine the hearing to consideration of, and action on, the proposed modification.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648730", "number": "§ 36.13.020", "title": "Form and contents.", "text": "The amending map or certificate or correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Sections 36.05.040 and 36.05.050 if a final map, and Section 36.06.090(b) if a parcel map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648731", "number": "§ 36.13.030", "title": "Submittal and approval by city engineer.", "text": "The amending map or certificate of correction, complete as to final form, shall be submitted to the city engineer for review and approval.The city engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 36.13.010, this fact shall be certified by the city engineer on the amending map or certificate of correction.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648732", "number": "§ 36.13.040", "title": "Filing with the county recorder.", "text": "The amending map or certificate of correction certified by the city engineer shall be filed in the office of the county recorder. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate or correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648733", "title": "CONDOMINIUM CONVERSIONS", "number": "36.14", "url": "https://ecode360.com/44648733", "sha256": "6707f820d536cc248d0c1cdcca75a23b0904e6bc1c05eee412738067a8a202df", "exportedArticleSha256": "469463085f2c0e749b987be4d10f1ba2ef5ce85bfdeb816747e984feb9c6c89b", "sections": [ { "guid": "44648734", "number": "§ 36.14.010", "title": "Requirements.", "text": "In addition to the applicable requirements and procedures set forth in this chapter and the Subdivision Map Act, conversions of existing rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this article. The provisions of this article shall not apply to limited equity cooperatives, as defined in Health and Safety Code Section 33007.5, the subdivision of which shall be governed by the procedures set forth in the Subdivision Map Act (Government Code Section 66410 et seq.). At the time the tentative map application is filed, the subdivider shall submit concurrently a complete application for any required zoning approval. Nonresidential condominium conversions need not comply with the additional requirements of this article.", "history": "(Ord. 1468 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648735", "number": "§ 36.14.020", "title": "Intent.", "text": "(a) The conversion of residential structures from one individual ownership to condominiums or any other form of multiple ownership interests creates special community problems, both social and economic. Conversions may significantly affect the balance between rental and ownership housing within the city and thereby reduce the variety of individual choices of tenure, type, price and location of housing; increase overall rents; decrease the supply of rental housing for all income groups; displace individuals and families; and disregard the needs of the prevailing consumer market. The purpose of this article is to provide guidelines to evaluate those problems, the impact any conversion application may have on the community, and to establish requirements which shall be included in any conversion approval.(b) The provisions of this article shall apply to any conversion of a residential structure from one individual ownership to any form of multiple ownership, including, but not limited to, condominiums, stock cooperatives and community housing projects, but not including limited equity cooperatives, the subdivision of which shall be governed by the procedures set forth in the Subdivision Map Act (Government Code Section 66410 et seq.).", "history": "(Ord. 1468 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648738", "number": "§ 36.14.030", "title": "Purpose.", "text": "This article is enacted for the following reasons:(a) To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;(b) To reduce the impact of such conversions on tenants who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;(c) To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;(d) To ensure that converted housing achieves a high standard of appearance, quality and safety, and is consistent with the goals of the city;(e) To ensure that the project sponsor provides for improvements or rehabilitation to result in a project which provides housing which is in good condition and without hidden needs for maintenance and repair;(f) To provide a desirable balance of rental and ownership housing and a variety of individual choice of tenure, type, price and location of housing;(g) To provide the opportunity for low and moderate income persons to participate in the ownership process, as well as to maintain a supply of rental housing for low and moderate income persons; and(h) To assure that adequate rental housing is available in the community.", "history": "(Ord. 1468 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648747", "number": "§ 36.14.040", "title": "Application procedures.", "text": "The following procedures and regulations shall apply to condominium conversion tentative map applications:(a) Tentative maps. Condominium conversions may be permitted in any residential district subject to the provisions as set forth in Chapter 40 (Zoning) of this Code, and subject to the approval of a tentative map. Such applications shall contain all the information required for a tentative map pursuant to this Code.(b) Acceptance. The community development department shall accept applications for condominium conversions if any one of the following factors exists:(1) Conversions may be approved when the vacancy rate of multiple-family rental developments within the city, as determined by the community development director, is equal to or more than five percent, unless the conversion will result in a decrease of the vacancy rate to less than four and nine-tenths percent.The University of California Davis Housing Office fall vacancy rate survey or, if unavailable, another source acceptable to the community development director shall be utilized; or(2) Tenants lawfully in possession of seventy-five percent of the units indicate their desire (one vote per unit) to convert such units to condominium ownership in writing to the city. Tenants shall be provided with information on all estimated costs, including, but not limited to, the unit cost, down payment requirements, financing, estimated property management costs, and homeowner association fees. Specific estimates of such costs shall be acknowledged in writing by the city. If the conversion is approved, the developer shall provide information to the city on the number of tenants who actually purchased. If at any time during the conversion approval process a sufficient number of tenants decide not to purchase, or if misrepresentation is discovered, the commission shall have sufficient grounds for denial; or(3) The applicant agrees to sell or rent at affordable prices forty percent of the units to low- or moderate-income households, as defined in Section 50093 of the California Health and Safety Code, with a minimum of twenty percent of the units affordable to lower-income households, as defined in Section 50079.5 of the California Health and Safety Code. If the units are to be made available for purchase, the sales price of such units shall not exceed two and five-tenths times the annual median income for low- or moderate-income households as defined by California Health and Safety Code Section 50093. Resale controls shall be included as a deed restriction as specified by the planning commission. If the units are to be for rental, they shall either be included in the county-administered Section 8 Program, or the maximum rent allowed shall keep the units within the low- or moderate-income housing stock.", "history": "(Ord. 1468 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025; Ord. 2678, 11/4/2025)" }, { "guid": "44648753", "number": "§ 36.14.050", "title": "Required reports and information.", "text": "The project as a whole shall be in good repair on the interior and the exterior when offered for sale. As part of the material necessary for such determination, and to aid the review of the proposal, the reports and/or information required by this section shall be submitted for review and action on the application unless determined unnecessary for such determination by the planning commission. The cost of all reports shall be paid by the applicant, and the persons preparing the reports shall be approved by the city. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.(a) Physical elements reports. A report on the physical elements of all structures and facilities shall be submitted.(1) A report by a licensed structural or civil engineer detailing the structural condition of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, and parking facilities. Such report shall also describe the condition of refuse disposal facilities; swimming pools, saunas and fountains; stone and brickwork; fireplaces; and exterior lighting. The report shall also describe the condition of all structures and facilities with respect to the extent of deferred maintenance, if any. Drainage facilities on the site and their adequacy shall be described. Such report or supplement thereto shall describe the present condition and useful life of all elements as deemed pertinent;(2) A report by a licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Such report shall be updated within six months prior to the close of escrow, and any infestation shall be remedied prior to sale;(3) Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures. As required by the city engineer, a new or revised report shall be prepared by a licensed soils engineer on soil or geological conditions on-site or off-site which could adversely affect the project site or structures;(4) A report by a licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs. A statement that new roof material will be applied may take the place of such report. Such statement shall include the type, grade and color of the proposed roofing material;(5) A resale/retrofit inspection report issued through the community development department, building inspection division;(6) A declaration of the covenants, conditions, and restrictions and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units, the assignment of parking and storage areas, and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. Such documents shall be approved by the city attorney and recorded in the office of the county recorder;(7) Specific information concerning the demographic and financial characteristics of the project, including, but not limited to, the following:(A) The square footage and number of rooms in each unit,(B) The rental rate history for each type of unit for the previous three years,(C) The monthly vacancy rate for each month during the preceding two years,(D) A complete list of the number of tenants and tenant households in the project, including the following information:(i) Households with persons sixty-two years of age and older,(ii) The family size of households, including a breakdown of households with children under five years of age and between five and eighteen years of age,(iii) Households with handicapped persons,(iv) The length of residence,(v) The age of tenants, and(vi) The designation of low-income and moderate-income households and whether receiving federal, state or local rent subsidies.When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the planning commission,(E) The proposed price range of the units,(F) The proposed homeowners' association fees, and(G) A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents;(8) Signed copies from each tenant of the notice of intent to convert, as specified in this article. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted.(b) Acceptance of reports. The final form of the physical elements report and other documents shall be approved by the planning commission. The reports in their acceptable form shall remain on file with the department for review by any interested person.(c) Copies to purchasers. Prior to any purchaser executing any purchase agreement or other contract to purchase a unit in the project, the subdivider shall provide each purchaser with a copy of all reports in their final form as accepted by the planning commission, except that the demographic information and copies of the notice to each tenant concerning conversion do not need to be distributed.The developer shall give the purchaser sufficient time to review such reports. Copies of the reports shall be made available at all times at the sales office.", "history": "(Ord. 1468 § 1; Ord. 2297 §§ 1, 2, 2007; Ord. 2678, 11/4/2025)" }, { "guid": "44648778", "number": "§ 36.14.060", "title": "Condominium conversion standards.", "text": "(a) Compliance with zoning, building, housing, mechanical, and fire codes. All units, as well as the common ownership facilities, shall be brought into compliance with all applicable state and local zoning, building, housing, mechanical and fire codes adopted for use by the city at the time the conversion project shall be upgraded to conform with current codes. Where the above is not possible, the subdivider shall demonstrate to the planning commission that it is not feasible to meet current codes.(b) Parking requirements. Regulations governing parking requirements shall reflect the current city parking standards for single-family dwellings, except for residential units in mixed use developments in the Central Commercial and Mixed Use districts would be exempt from the single family parking standard. The parking requirement in the Central Commercial and Mixed Use districts shall be a minimum of one on-site parking space for each unit converted to a residential condominium unit. Converted condominium units shall be exempt from the covered parking requirements applicable to single-family dwellings if the development was constructed with less than one covered space per unit. This provision shall only affect whether or not parking spaces must be covered, but shall not affect the number of spaces required.(c) Disabled access requirements. Disabled access requirements shall reflect current city or Title 24 standards for single-family dwellings.(d) Sound transmission characteristics and energy conversation. Condominiums present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:(1) Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.(2) Noise Mitigation and Energy Conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes, in accordance with Title 24 of the California Administrative Code, as amended, or local code as applicable and in effect on the date building permits are issued for condominium conversion rework.(3) Exception 1. Common walls between dwelling units to be constructed of a two-inch by four-inch wall insulated with not less than R-11 rated insulation, or an equivalent form of noise attenuation control acceptable to the planning commission.(4) Exception 2. Common floor ceilings between dwellings units and between dwellings and garages shall be insulated with not less than R-19 rated insulation.(e) Fire protection.(1) Smoke Detectors. Every dwelling unit shall be provided with a smoke detector. Installations shall comply with National Fire Protection Association Pamphlet 74. The detector shall be approved by the State Fire Marshal. AC primary power source shall be utilized. The detector shall be mounted on the ceiling at a point centrally located in the corridor or areas giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway.(2) Sprinkler and Other Systems. A sprinkler system, fire alarm, and/or other fire protection devices shall be installed as required by the Uniform Fire Code adopted for use by the city at the time of the conversion application.(f) Utilities.(1) Location. Each dwelling unit to be converted shall be served by individual gas and electric services meter. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where lateral service connections shall take place.(2) Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.(3) Lockable Shutoff Valve. Developer agrees to furnish and install individual, lockable shutoff valve, of a type approved by the public works director, on the water service for each dwelling unit within this condominium project. The location of the valve shall be approved by the public works director. In addition, developer agrees to furnish to city a permanent right-of-entry for use and maintenance of the valve. Said right-of-entry shall be approved by the city attorney and shall be executed prior to issuance of a certificate of occupancy for any unit within the condominium project.(4) Utility Costs. Each dwelling unit shall be separately metered for gas and electricity. Individual panelboards for electrical current shall be provided for each unit. A plan for the equitable sharing of water, sewer, drainage and other shared utility costs shall be included in the covenants, conditions and restrictions.(g) Laundry facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.(h) Condition of equipment and appliances. The developer shall provide a minimum of one-year warranty to the buyer of each unit at the close of escrow on any dishwasher, garbage disposal, stove, range or oven, refrigerator, trash compactor, hot water tank, air-conditioning unit or heating system which is provided. At such time as the homeowners association takes over the management of the development, the developer shall provide a one-year warranty to the association that any pool and/or spa and pool and/or spa equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwelling and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation in a safe and workmanlike manner. Such warrant shall be offered by an independent homeowner's warranty service licensed by the Insurance Commission of the state for such purpose, except that new appliances may be covered by the manufacturer's warranty. The developer shall provide options to prospective buyers for new appliances and equipment or, alternatively, acceptance of existing appliances with the warranty described in this subsection.(i) Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped area, and additional elements as required by the planning commission, shall be refurbished and restored as necessary to achieve a high standard of appearance, quality and safety.(j) Contingency fees. A contingency or reserve fund for operation and maintenance expenses for the condominium conversions shall be provided in accordance with state law and the Department of Real Estate requirements.", "history": "(Ord. 1468 § 1; Ord. 2297 § 3, 2007; Ord. 2390 § 45, 2012; Ord. 2678, 11/4/2025)" }, { "guid": "44648799", "number": "§ 36.14.070", "title": "Tenant benefits and notification.", "text": "Applications for condominium conversions shall include the following procedures as they relate to tenant notifications:(a) Notices of intent. A notice of intent to convert shall be delivered to each tenant at least ninety days prior to filing the tentative map. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be in the form outlined by Section 66452.9 of the Subdivision Map Act, shall be approved by the department, and shall contain not less than the following:(1) The name and address of the current owner;(2) The name and address of the proposed subdivider;(3) The approximate date on which the application and tentative map are proposed to be filed;(4) The approximate date on which the final map or parcel map is to be filed;(5) The approximate date on which the unit is to be vacated by nonpurchasing tenants;(6) The tenant's right to purchase;(7) The tenants right of notification to vacate;(8) The tenants right to termination of the lease;(9) A statement of no rent increase;(10) Provisions for special cases;(11) The provision of moving expenses and the tenant's right to claim any penalty imposed if timely payment is not made;(12) The anticipated price range of the units;(13) The proposed homeowner's association fees;(14) A statement of the types of financing programs to be made available, including any incentive programs for existing residents; and(15) A copy of the city conversion regulations shall be attached to the notice of intent.(b) Notification to tenants.(1) Mailing. Two separate stamped, preaddressed envelopes for each resident of each unit shall be furnished to the department by the subdivider at the time the sub-divider submits an application for a tentative map. The department shall use one envelope to notify the residents by mailing a copy of the planning commission or public hearing notice to tenants not less than ten days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The second envelope shall be used by the department to notify the residents of the results of the public hearing by mailing notification of the decision of the planning commission not more than seven days following the planning commission action. Failure of the department to mail such notice shall not invalidate any proceeding or action taken by the city in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the subdivider.(2) Notices to Prospective Tenants. Commencing ninety days prior to the submittal of the application, any prospective tenants shall be notified in writing by the sub-divider of the intent to convert prior to leasing or renting any unit pursuant to Section 66452.8 of the Subdivision Map Act.(3) Posting Notices. The notice of intent shall be posted by the subdivider on-site in at least one location readily visible to tenants.(c) Tenants' discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant.(d) Vacation of units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than one hundred twenty days after the date of the tentative map approval by the city or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application.(e) No increase in rent. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place. At the end of the two-year period, any increase in rent shall first be approved by the planning commission. When reviewing applications for rent increases, the planning commission shall consider the University of California Housing Office Apartment Vacancy and Rental Rate Report or residential rent component of the Sacramento Area Cost of Living Index of the United States Department of Labor, the condition of the unit, prevailing rents for similar units, and a reasonable rate of return on the owner's investment.(f) Special cases.(1) All nonpurchasing tenants sixty-two years of age or older and all nonpurchasing medically proven permanently disabled tenants shall be offered a lifetime lease. Rents for such tenants shall not be increased for two years after the filing of the project application. At the end of the two-year period, any increase in rent shall first be approved by the planning commission. When reviewing applications for rent increases, the planning commission shall consider the residential rent component of the Sacramento Area Cost of Living Index of the United States Department of Labor, the condition of the unit, prevailing rents for similar units, and a reasonable rate of return on the owner's investment.(2) The following nonpurchasing tenants shall receive a minimum of twelve months' relocation time, measured from the tentative map approval, to find replacement housing:(A) Tenants with low or moderate incomes as defined in California Health and Safety Code Section 50093;(B) Tenants with minor children in school.(g) Moving expenses. The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with the terms of the subject lease, who relocates from the building to be converted after city approval of the tentative map. When the tenant has given notice of his intent to move prior to city approval of the tentative map, eligibility to receive moving expenses shall be forfeited.(h) Relocation assistance. Relocation assistance shall be provided by the subdivider to nonpurchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided regularly and updated. Copies of the list shall be posted on-site, dated, and provided to the department.(i) Discrimination. No discrimination in the sale of any unit shall be based on age, and a statement to this effect shall be included in the covenants, conditions and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement.(j) Certification of occupancy. A certificate of occupancy shall be issued by the building official prior to the occupancy of units after sales.(k) Effect of proposed conversions on the city's low-income and moderate-income housing supply. In reviewing requests for the conversion of existing apartments to condominiums, the planning commission shall also consider the following:(1) Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community;(2) The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low-income and moderate-income households. Standard definitions of low-income and moderate-income and low- income and moderate-income rents used by the federal and state governments shall be used in the evaluation;(3) The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums; and(4) If the planning commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the application may be disapproved. In the evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding three years and the average monthly vacancy rate for the project over the preceding two years shall be considered.(l) Findings. The planning commission shall not approve an application for a condominium conversion unless the planning commission finds that:(1) All the provisions of the Subdivision Map Act, this chapter, and other applicable provisions of this Code are met;(2) The proposed conversion is consistent with the general plan and the adopted housing element and any applicable specific plan; and the zoning ordinance;(3) The proposed conversion will conform to the provisions of this Code in effect at the time of the project approval, except as otherwise provided in this section;(4) The overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality and safety;(5) The proposed conversion will not displace a significant percentage of low-income or moderate-income, permanently or totally disabled, or senior citizen tenants, or delete a significant number of low-income and moderate-income rental units from the city's housing stock at the time when no equivalent housing is readily available in the Davis area;(6) The application process has conformed to all the requirements of the Subdivision Map Act and this chapter; and(7) The dwelling units to be converted have been constructed and used as rental units for at least five years prior to the application for conversions or have received an approved housing allocation. Residential units to be converted in mixed use developments in the central commercial or mixed use districts may be exempt from this requirement if the following findings are made:(A) Conversion will not unreasonably interfere with the goals of the city when approving the project; and(B) Conversion will not unreasonably interfere with the availability of rental housing in the community.", "history": "(Ord. 1468 § 1; Ord. 2297 § 4, 2007; Ord. 2678, 11/4/2025)" }, { "guid": "44648847", "number": "§ 36.14.080", "title": "Variances.", "text": "If the strict application of the requirements of this article creates a special hardship, the subdivider may petition the planning commission for consideration of a variance. The planning commission may grant a variance only when the following conditions are found as contained herein:(a) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege;(b) That because of special circumstances applicable to subject property, the strict application of this article is found to deprive subject property of privileges enjoyed by other properties in the area;(c) That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this article or the public interest;(d) That the condition or situation of the subject property for which the variance is sought is not so general or recurrent in nature as to make reasonable or practicable the formulation of a general regulation for such conditions or situations.", "history": "(Ord. 1468 § 1; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44648852", "title": "ENFORCEMENT", "number": "36.15", "url": "https://ecode360.com/44648852", "sha256": "5090bcfaa521a031bcd1d5c37afa29d08c6739aed15f4de947fca263cbdaaf2c", "exportedArticleSha256": "ec6d288f2d377cc4f73ef2ab9f569401a61c308b75e0109c71c7b1df9f8b6e92", "sections": [ { "guid": "44648853", "number": "§ 36.15.010", "title": "Prohibition.", "text": "(a) No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map is required by the Subdivision Map Act or this chapter, until such a map, in full compliance with the provisions of the Subdivision Map Act and this chapter, has been filed for record by the county recorder.(b) No person sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by the Subdivision Map Act or this chapter, until such a map, in full compliance with the provisions of the Subdivision Map Act and this chapter has been filed for record by the county recorder.(c) Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this chapter shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the county recorder.(d) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this chapter, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.(e) Nothing contained in subsections (a) and (b) of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under Subdivision Map Act or this chapter.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648859", "number": "§ 36.15.020", "title": "Remedies.", "text": "(a) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this chapter, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or assignee, heir or devisee.(b) Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property.(c) The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 36.15.030 or identified in a recorded final map or parcel map, from and after the date of recording.The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.(d) This section does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation may otherwise be entitled, and the city or other public agency, or such person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act or this chapter.(e) The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this chapter if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Section 36.15.030, only those conditions stipulated in that certificate shall be applicable.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648865", "number": "§ 36.15.030", "title": "Certificate of compliance.", "text": "(a) Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the subdivision committee to determine whether the real property complies with the provisions of the Subdivision Map Act and this chapter.(b) If the subdivision committee determines that the real property complies with the provisions of the Subdivision Map Act and this chapter, the city engineer shall file a certificate of compliance for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this chapter.(c) If the subdivision committee determines that the real property does not comply with the provisions of the Subdivision Map Act or this chapter, the subdivision committee may, as a condition to granting a certificate of compliance, impose conditions in accordance with Section 36.15.020(e). Upon the subdivision committee's making such a determination and establishing such conditions, the department shall file a conditional certificate of compliance for record with the county recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, a grantee of the property owner or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city.(d) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of property described within.(e) Subject to the provisions of Section 66499.35(e) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein.(f) A fee and/or deposit shall be charged to the applicant for making the determination and processing the certificate of compliance in accordance with Section 36.01.070.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648872", "number": "§ 36.15.040", "title": "Notice of violation.", "text": "If the department has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this chapter, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Section 66412.6(a) and (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the subdivision committee why a notice of violation should not be recorded.The meeting shall be held no sooner than thirty days and no later than sixty days from the date of mailing of the notice of intention to record a notice of violation. If, within fifteen days of receipt of the notice, the owner fails to file with the department a written objection to recording the notice of violation, the department shall file the notice of violation for record with the county recorder. If, after the owner has presented evidence, the subdivision committee determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the subdivision committee determines that the property has in fact been illegally divided, the department shall record the notice of violation for record with the county recorder.The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" }, { "guid": "44648873", "number": "§ 36.15.050", "title": "Appeals of subdivision committee action and planning commission review.", "text": "Appeals of any subdivision committee action pursuant to this article shall be made first to the planning commission and then to the city council in accordance with the provisions of Section 36.04.100.When the subdivision committee takes any action pursuant to this article, the department shall forthwith make a written report thereof to the planning commission. Any member of the planning commission shall have the right to call up the action for planning commission review at a planning commission meeting or by a request to the community development director, either of which must be within ten days of the final action by the subdivision committee. If the commission, by a majority vote, decides to review the action, it shall conduct a public hearing after giving notice pursuant to Section 36.04.070(a). Such decision to review shall be made within ten days after such request is made. In addition, notice shall be given to the subdivision committee. The public hearing shall be held within thirty days after the commission decides to review the action. The commission may add, modify or delete conditions if the commission determines that such changes are necessary to ensure that the action conforms to the Subdivision Map Act and this Code. The planning commission may deny or affirm the action on any of the grounds contained in this chapter. Within ten days following the conclusion of the hearing, the commission shall render its decision. If the commission does not act within the time limits set forth in this section, the action shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the subdivision committee insofar as it complies with all applicable provisions of the Subdivision Map Act, this chapter, this Code and the general plan.", "history": "(Ord. 1407 § 1; Ord. 2390 § 2, 2012; Ord. 2678, 11/4/2025; Ord. 2678, 11/4/2025)" }, { "guid": "44648874", "number": "§ 36.15.060", "title": "Violation as a misdemeanor.", "text": "In addition to the remedies and procedures provided in this chapter, any person violating any of the provisions or failing to comply with any of the regulatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by imprisonment in the County Jail not exceeding six months or by fine not exceeding one thousand dollars or by both.Except as otherwise provided in this chapter, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.", "history": "(Ord. 1407 § 1; Ord. 2678, 11/4/2025)" } ] }, { "guid": "44649962", "title": "ADMINISTRATIVE PROVISIONS", "number": "37.01", "url": "https://ecode360.com/44649962", "sha256": "49bcd67fd77bc9247c8ca6dc32d21b7abe59409e39845048bc1e02e15d4b13ec", "exportedArticleSha256": "b18a34384769e5493eb0cd263ebae89ea3fba54577a35e8b65bc9cbdedeaebef", "sections": [ { "guid": "44649963", "number": "§ 37.01.010", "title": "Introduction and purpose of chapter.", "text": "The City of Davis acknowledges the importance of trees to the community's health, safety, welfare and tranquility. Much of the city's admired and valued appearance and ambiance is due to its tree canopy, a dominant visual and spatial element of the landscape and urban form. Trees maintain an aesthetically pleasing environment and can provide environmental, aesthetic, social and economic benefits. Specifically, trees increase property values, provide visual continuity, provide shade and cooling, decrease wind velocities, provide erosion control, conserve energy, reduce stormwater runoff, act as filters for airborne pollutants, reduce noise, provide privacy, provide habitat and food value and release oxygen. The urban forest shall be prudently protected and managed to secure these benefits.It is the intent of this chapter to establish regulations for the planting of new trees and the preservation and protection of city trees, landmark trees, trees of significance, parking lot trees, and certain private trees in order to retain and augment the health of the existing urban forest.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44649964", "number": "§ 37.01.020", "title": "Definitions.", "text": "The following words are defined for purposes of this chapter as follows:Arboristmeans an individual certified as an arborist by the International Society of Arboriculture (ISA), the California Arborist Association (CAA), or other nationally recognized tree research, care and preservation organization approved by the director.Arborist reportmeans a report prepared by a certified or consulting arborist containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more trees on an individual lot or project site with the arborist's signature and seal.Building permitrefers to any permit required by the community development and sustainability department for any construction (above ground or underground).City arboristmeans the arborist employed by the city, and designated by the director, responsible for review, evaluation and/or preparation of reports, permits and requests regarding pruning, construction damage, removing and/or relocating city-owned or other protected trees. In performing these duties and responsibilities, the city arborist may conduct field inspections independently as an authorized representative of the city.City treemeans any tree within the ten-foot easement on private property planted by the city, and trees in the city's public right-of-way, parks, greenbelts, and property owned by the city. City trees are maintained by the city, except as otherwise stated in this chapterCity tree permitmeans requests for the removal or modification of a city tree within an easement on private property, or on city property (including greenbelts or within the public right-of-way).City tree planting and maintenance specifications are the city-adopted standards for care of trees, including, but not limited to, tree planting, young tree care, pruning, mulching, fertilization, irrigation, pest management and removal and replacement.Cuttingmeans the trimming, detaching or separating of any limb, trunk, root or any other part of a tree, including cutting into the trunk of a tree.Damagemeans any action undertaken that causes injury, death or disfigurement of a tree. Damage may occur by, among other means, cutting, poisoning, overwatering relocating or transplanting a tree, or trenching, excavating or paving within the tree protection zone of a tree.Diameter at breast height (DBH)means the diameter of a tree measured at four feet six inches above ground level. The diameter may be calculated by use of the following formula: DBH = circumference at breast height divided by 3.14. DBH is one factor used for many forms of tree evaluation, such as determining trees of significance, and is a factor in establishing replacement fees and penalties for violations, among others.Directormeans the department director or designee that administers the Urban Forestry Program.Discretionary projectmeans any non-ministerial development project that is subject to the approval of either the city council or its legislative bodies with quasi-judicial authority, or by city staff through an approved administrative process.Encroachmentmeans any activity conducted within the tree protection zone or drip line of a protected tree.Gradingmeans the removal, movement or addition of soil or earth material.Irrigationmeans application of water by artificial means.Landmark treemeans a tree that has been determined by resolution of the city council to be of high value because of its species, size, age, form, historical significance, or some other professional criterion.Maintenancein reference to tree mitigation, means the maintenance of a newly planted (young tree) should follow the City's Young Tree Maintenance Policy.Modificationrefers to direct (e.g., pruning) and indirect (e.g., grade changes, trenching) impacts to a tree and to changes to trees in the surrounding area that result in physical impacts upon a tree.Parking lot shading guidelinesrefers to the informational handout for design and shading of new and/or reconstructed parking lots, as per Section 37.04.020. The guidelines are available from the community development and sustainability department and/or the community services department.Private/protected treemeans any tree privately owned and growing on private property, which is protected under this article, such as landmark trees and/or trees of significance. The exception being trees on single-family or duplex dwelling properties where trees were not preserved by conditions of approval, part of a planned development zone project description, nor is the property associated with any active applications for building permits or discretionary project reviews.Private/protected tree permitmeans requests for the removal or modification of a private/protected tree that meets the criteria for a tree of significance or landmark tree on property that is used for commercial, multi-family housing or residential care facilities, or in a Homeowner's Association public area, or as otherwise protected by development agreement.Pruneshall refer to both above surface and underground cutting; to cut off or cut back parts to enhance health and structure. All pruning shall conform with tree pruning guidelines (ISA) or pruning standards (ANSI-A300).Prune substantiallyshall apply to both above-surface and underground cutting of a tree's structural components (i.e., roots and branches). It means removing any root or branch greater than a 1:5 ratio of the trunk's diameter, removing any branches or roots greater than 3.5\" diameter, and/or removing more than twenty-five percent of the tree's total structural components.Removalmeans removal of a tree by cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means.Single-family or duplex dwellingmeans up to two buildings on a lot designed for and/or occupied by one household per dwelling.Subdividermeans any developer or individual creating new single-family, duplex or multifamily lots or developing multifamily or commercial property fronting a public street.Toppingmeans removal of the highest part of a tree by use of large heading cut.Treemeans any woody perennial plant having one or several main stems commonly achieving ten or more feet in height and capable of being pruned and shaped to develop a branch-free trunk at least nine feet in height. Reference to any tree indicates the entire plant, including both visible (canopy, trunk) and below grade (roots).Tree easementrefers to the ten-foot zone behind the sidewalk or between curb and sidewalk (or if no sidewalk exists, behind the street curb, gutter, edge of street or property line at street) within which a city tree or private tree may exist or be planted.Tree of significancemeans any tree, which measures five inches or more in diameter (DBH) located on property that is used for commercial, multi-family housing or residential care facilities, or in publicly accessible common space controlled by a Homeowner's Association.Tree preservation fundrefers to the tree management and reservation fund maintained by the director for use as needed for specialized preservation of the community forest.Tree preservation and protection standardsare the standards for preservation and protection of trees during construction that make up the Tree Protection Plan.Tree protection zone (TPZ)means the outermost edge of a tree's canopy (or drip line), as measured accurately at the time of application for a building permit, discretionary project review, tree modification permit or other discretionary approval. When depicted on a map, the TPZ will appear as an irregular-shaped circle that follows the contour of the tree's branches as seen from overhead. In certain instances, the TPZ may extend beyond the drip line, as determined by the director.Tree removal requestmeans an application to the director to remove a street or city tree or other protected tree under Section 37.02.070.Urban forestrefers to all publicly and privately owned trees within the city, its open space areas and surrounding planning area(s).", "history": "(Ord. 2099 § 1, 2002; Ord. 2390 § 3, 2012; Ord. 2671, 12/3/2024)" }, { "guid": "45822026", "number": "§ 37.01.030", "title": "Responsibility of director.", "text": "The director shall be charged with the enforcement of this chapter and shall be responsible for the planting, maintenance, preservation and protection, and removal of city trees or other plants in any public way or public place in the city in accordance with the provisions of this chapter. The director shall coordinate with other city departments and/or local agencies or non-profit/private groups as necessary to enforce this chapter.", "history": "(Ord. 2099 § 1, 2002; Ord. 2390 § 3, 2012; Ord. 2671, 12/3/2024)" } ] }, { "guid": "44650007", "title": "CITY TREES AND PRIVATE/PROTECTED TREES", "number": "37.02", "url": "https://ecode360.com/44650007", "sha256": "089e360f6976cebd83ac0ea26f572587d1d2a336fde6892026bb8535d0524c5e", "exportedArticleSha256": "491cdf3d4da1559e548c392ceb27f3a230d3383dd56c8177e5c0c76b8d88341e", "sections": [ { "guid": "44650016", "number": "§ 37.02.010", "title": "Prohibited acts.", "text": "It shall be unlawful for any person other than the director to cut, prune substantially, spray, brace, plant, move, remove, replace, or damage any city tree or private/protected tree or to cause the same to be done, except as authorized pursuant to this chapter. Acts prohibited by this chapter include, but are not limited to, the following:(a) Substantially pruning a city tree or private/protected tree without a duly authorized tree permit, even if done to make room for another tree or to clear branches overhanging private property.(b) Knowingly causing or permitting any wire charge with electricity to come into contact with any city tree or private/protected tree, except for decorative or seasonal lighting as approved by resolution of the city council.(c) Placing, applying, attaching, or keeping attached any wire, rope, sign, nail, paint, or other substance or structure to any city tree or private/protected tree or to any guard or stake intended to protect such tree, except for activities performed by the city's urban forestry program staff or city contractors for the purposes of tree care and maintenance, including, but not limited to:(1) Supports for young or broken trees;(2) Paint utilized for marking trees for removal or inspection purposes;(3) Adhering notice of work, permits, and/or removal requests (in a way that will not damage the tree).(d) Placing or maintaining any stone, pavement, or other substance so that it substantially impedes the free access of water or air or that causes soil compaction within the tree protection zone or to the roots of any protected tree.(e) Cutting roots within the tree protection zone so as to cause the protected tree's health to decline or cause a safety hazard.(f) Placing fencing around a city tree that limits access to the tree from the street for maintenance and/or tree removal.(g) Grading so as to cut or fill greater than a two inch change of grade around the trunk or within the tree protection zone of a protected tree. This includes temporary changes to grade such as necessary to install paving.(h) Altering the landscaping or grade of the property including trenching, in a manner that could damage, or potentially and adversely affect the well-being of a protected tree.(i) Removing private/protected trees not in accordance with Section 37.02.070.(j) Any other activity causing significant damage leading to the decline of the tree as determined by evaluation of an arborist.", "history": "(Ord. 2099 § 1, 2002; Ord. 2647 § 1, 2023; Ord. 2671, 12/3/2024)" }, { "guid": "44650013", "number": "§ 37.02.020", "title": "Right and obligation of private property owners for city trees.", "text": "(a) Private property owners shall be responsible for irrigating city trees that exist on their property, and are subject to the restrictions contained in Section 37.02.010.(b) Private property owners may place and maintain plants on their property adjacent to or within the tree protection zone (TPZ) of city trees adjacent to their property unless otherwise prohibited by this chapter. However, any such placement within the TPZ of a city tree will be at the risk of the property owner, as the city is not liable for damage of any items, including landscaping, located within the TPZ of a city tree. City trees shall assume priority over other vegetation. The director may require removal of other vegetation at owner's expense if the director determines that such vegetation is harmful to a city tree(s).", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650008", "number": "§ 37.02.030", "title": "City trees planted by subdivider.", "text": "Subdividers are hereby required to provide and plant trees within the city tree easement, according to the city tree planting requirements, for each lot fronting a public street. Furthermore, the subdivider is required to deposit a city tree fee, as established by resolution of the city council, for use by the city during the initial five-year establishment period. During the initial five-year establishment period, the city may provide, among other services tree pruning and training in the planting of city trees, paid for by the city tree fees. The time of payment shall be concurrent with the recordation of the final map or the issuance of a building permit or certificate of occupancy, whichever occurs first, or as required by law.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650009", "number": "§ 37.02.040", "title": "City trees and private/protected trees associated with building permits or discretionary projects.", "text": "(a) Any person who constructs or causes to be constructed any building or dwelling, remodels or substantially improves any existing structure within the city as part of a project requiring a building permit or a discretionary project review in a manner that may require city tree and/or private/protected removal or may adversely affect any existing city tree or private/protected tree shall submit to the director the required tree permit request as per Sections 37.02.050 and 37.02.070, at the same time as the building permit application or request for discretionary project review is submitted.(b) The applicant may be required to plant a city or private/protected tree(s) and/or pay, a tree mitigation fee to the city according to Section 37.03.070(f)(2) (which shall be payable prior to the issuance of a building permit). Determination as to whether mitigation can be met on or off site will be based on a proposed planting plan approved at the time of the issuance of such a permit based upon the site conditions, canopy coverage, existing tree species/health, etc. in each instance, by the director, according to the city tree planting requirements. In the case of city tree mitigation, fees may be assessed based upon the type of improvement necessary to plant the city trees.(c) An independent arborist's report addressing existing trees, paid for by the applicant, property owner or developer may be required as defined in Section 37.03.070(b).Where the issuance of a tree permit will put remaining trees at risk of damage, a bond may be required, in an amount determined by the community development department in coordination with the director and shall be based upon International Society of Arboriculture (ISA) appraisal guidelines (or other approved method) to ensure the safety and/or health of remaining trees to be protected. If the director approves another method of appraisal guidelines, the director shall provide notice of the approved appraisal guidelines to the permit applicant(s) at the time the permit application is issued. If a tree is damaged, the director may require all or a portion of the bond to be paid into the tree preservation fund.(d) Applications shall be considered, and a determination made regarding whether or not and under what conditions the permit should be granted by the entity or official listed below:(1) By the planning commission, as part of any application requiring planning commission approval.(2) By the community development director, or designee, for any tree permit associated with a building permit application, or any discretionary project application requiring approval by the community development department.(e) Any requirements imposed under this chapter, including protection of existing trees, mitigation requirements (including new trees or mitigation fees as provided by 37.03.070(f)(2)) and/or an independent arborist's report shall be completed, or performance secured, to the satisfaction of the director and the community development department, prior to issuance of the building permit or discretionary project permit.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650025", "number": "§ 37.02.050", "title": "City tree permit.", "text": "(a) City tree permit application is required for any person desiring to perform any activity that will impact a city tree's roots, canopy, trunk and/or ability to grow naturally, including the prohibited acts listed in Section 37.02.010, up and to removal. A person shall submit a written application to the director for a city tree permit, along with a processing fee, as established by the city council by resolution. In the city tree permit application, the applicant shall describe the act intended to be done, and the number, species, size, and location of trees to be affected. The applicant shall also explain in the city tree permit application the purpose and proposed manner of doing the act and such other information as the city may require (for example, a tree protection plan where applicable).(b) Approval of City Tree Permit for Tree Modification. The director shall review the permit application and determine whether the proposed modification(s) will adversely affect the health of the city tree or the surrounding trees. The director shall also evaluate whether the permit applicant can achieve its goals without modifying a city tree and shall consult with the applicant if the director believes such alternative action is feasible. The director shall approve a city tree permit for city tree modification if it finds all of the following:(1) The health of the city tree will not be adversely affected by the modification;(2) No alternative, other than modifying the city tree is available to meet the applicant's goals; and(3) The proposed act and the proposed method of modification complies with generally accepted standards of tree care, such as those published by the International Society of Arboriculture or other standards adopted or approved by the director. If the director approves standards of tree care, the director shall cause those standards to be noticed to the permit applicant at the time the permit application is issued.(c) Approval of City Tree for Permit for Tree Removal. The director shall review the permit application. The director shall only grant approval of a city tree permit for tree removal if the director can make one or more of the following findings:(1) The tree is damaged, diseased or declining in health; and its physical condition at time of evaluation cannot be remedied without the loss of more than fifty percent of the total canopy.(2) The tree is damaged, diseased or in declining health; and due to its physical condition, presents a potential risk that is, or may become, unacceptable to public health and/or safety.(3) The species of tree is undesirable, invasive, or inappropriate for the site.(4) The tree is causing significant harm and/or is materially injurious to public or private property, improvements, or utility services in the vicinity.(5) No alternative, other than removing a healthy city tree, is available to meet the applicant's goals or constraints with respect to use or development of their property.In any instance in which the director has the authority to approve an application, the director shall have the discretion to refer the application to the tree appeal board for its review.(d) Approval or Denial of City Tree Permit.(1) If a city tree permit is approved, work can commence once the applicant receives the signed permit, any mitigation fee is paid, and any required noticing (if applicable) or appeal period has been completed.(2) If a city tree permit is denied, the director shall provide a written denial to the applicant. The denial shall set forth the reasons for the denial.(3) Appeal of Permit Decision. Within ten calendar days of receiving the written decision, the applicant or other party with a property interest identified in Section 37.07.020 may file a written appeal of the decision made by the director to the tree permit appeal board.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650032", "number": "§ 37.02.060", "title": "Tree permits for public utilities.", "text": "The director may issue a comprehensive permit to any public utility for the pruning or other maintenance tasks of city trees, in accordance with this article. A permit issued pursuant to this section will be valid for a period of one year from the date of issuance.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650033", "number": "§ 37.02.070", "title": "Private/protected tree permit.", "text": "(a) Private/Protected Tree Permit Application. Any person desiring to perform an activity prohibited by Section 37.02.010, including removal, to a private/protected tree protected under this chapter shall submit a written application for a private/protected tree permit and submit it along with a processing fee, as established by resolution of the city council, to the director. The private/protected tree permit application shall describe the act intended to be done, and the number, species, size, and location of trees to be affected. The application shall also explain the purpose and proposed manner of doing the act, site map of the labeled subject trees, and other information as the director may require.(b) Approval of Private/Protected Tree Permit for Tree Modification. The director shall review the permit application. The director shall approve a private/protected tree permit for tree modification if it finds all of the following:(1) The health of the private/protected tree will not be adversely affected by the modification;(2) No alternative, other than modifying the private/protected tree is available to meet the applicant's goals. If the director believes alternative action is feasible, they will consult with the applicant; and(3) The proposed act and the proposed method complies with generally accepted standards of tree care, such as those published by the International Society of Arboriculture or other standards adopted or approved by the director. If the director approves standards of tree care, the director shall cause those standards to be noticed to the permit applicant at the time the permit application is issued.(c) Approval of Private/Protected Tree Permit for Tree Removal. The director shall review the permit application. The director shall only grant approval of a city tree permit for tree removal if the director can make one or more of the following findings:(1) The tree is damaged, diseased or declining in health; and its physical condition at time of evaluation cannot be remedied without the loss of more than fifty percent of the total canopy.(2) The tree is damaged, diseased or in declining health; and due to its physical condition, presents a potential risk that is, or may become, unacceptable to public health and/or safety.(3) The species of tree is undesirable, invasive, or inappropriate for the site.(4) The tree is causing significant harm and/or is materially injurious to public or private property, improvements, or utility services in the vicinity.(5) No alternative, other than removing a healthy city tree, is available to meet the applicant's goals or constraints with respect to use or development of their property.In any instance in which the director has the authority to approve an application, the director shall have the discretion to refer the application to the tree appeal board for its review.(d) Approval or Denial of Private/Protected Tree Permit.(1) If a private/protected tree permit is approved, work can commence once the applicant receives the signed permit, the mitigation is paid, planting plan (if required) is submitted and approved, and any required noticing (if applicable) or appeal period is completed.(2) If a private/protected tree permit request is denied, the director shall provide a written denial to the applicant. The written denial shall set forth the reasons for the denial.(3) Appeal of Permit Decision. Within ten calendar days from receiving a decision from the director, the applicant or other party with an identified property interest as identified in Section 37.07.020 may file a written appeal of the decision to the tree permit appeal board.", "history": "(Ord. 2099 § 1, 2002; Ord. 2269 § 2, 2006; Ord. 2271 § 1, 2006; Ord. 2671, 12/3/2024)" }, { "guid": "45822029", "number": "§ 37.02.080", "title": "Conditions of approval for city tree permits and private/protected tree permits.", "text": "(a) Conditions of Approval for a Tree Permit. The director may impose reasonable conditions of approval on any city tree permit or private/protected tree permit, including, but not limited to the following:(1) The director may require a replacement city tree(s) or private/protected tree(s) to be planted and maintained on site or at a nearby site, and/or may require an in-lieu payment to the tree preservation fund.(2) The director will require a tree protection plan to be submitted and approved by the director and based upon the International Society of Arboriculture (ISA) guidelines, to ensure the safety or health of the city tree(s) or private/protected tree(s) during pruning, construction, removals or other activities covered by the city tree permit or private/protected tree permit. If a city tree or private/protected tree is damaged, killed or removed, the director may require additional mitigation to be paid into the tree preservation fund.(3) The permittee or its agent shall conspicuously post the city tree permit or private/protected tree permit on the job site at all times that work is occurring. The permit shall be provided to any city representative, upon demand, for verification of permitted work.(b) A person who receives a city tree permit or private/protected tree permit shall follow all conditions outlined in the permit. If such conditions are not met, the director may immediately direct the permittee to immediately stop work under the permit. Violation of a tree permit condition may result in revocation of the permit.", "history": "(Ord. 2671, 12/3/2024)" } ] }, { "guid": "44650039", "title": "LANDMARK TREES AND TREES OF SIGNIFICANCE LOCATED ON CERTAIN PRIVATE PROPERTY", "number": "37.03", "url": "https://ecode360.com/44650039", "sha256": "9101e032a5a59c57735a9b98815ba3786ddc0805086d4ac0649cf9d797d24ff4", "exportedArticleSha256": "58d85210170d77b2ca797eabda84e4fbe5988a6937e59867a77f470c59ec01ae", "sections": [ { "guid": "44650040", "number": "§ 37.03.010", "title": "Applicability.", "text": "This article relating to landmark trees is applicable to all properties that have a city council approved landmark tree on the property. This article relating to trees of significance is applicable to all private properties within the city, with exception of those used for single-family or duplex dwellings. However, any type of tree(s) located on a single-family or duplex parcel that has been preserved as a condition of approval or as part of a project description of a planned development zone shall be subject to the regulations relating to trees of significance. Also, when a tree(s) exists on single family or duplex properties associated with an application for a building permit or a discretionary project review, the standards of Section 37.03.070 shall apply. Unimproved property zoned for single-family or duplex development is subject to the regulations relating to trees of significance.", "history": "(Ord. 2099 § 1, 2002)" }, { "guid": "44650041", "number": "§ 37.03.020", "title": "Landmark tree designation criteria.", "text": "(a) Any person may and is encouraged to submit a proposal to designate a tree as a landmark tree. Property owners of trees under consideration shall be notified that a proposal has been submitted and shall have the opportunity to participate in the designation process. Proposals shall be reviewed by the director and sent to a city council advisory commission for its review. Upon recommendation of the advisory commission and approval of the city council, a tree may be designated as a landmark tree if it meets any of the following criteria:(1) The tree is an outstanding specimen of a desirable species;(2) The tree is one of the largest or oldest trees in Davis;(3) The tree is of historical interest;(4) The tree is of distinctive form; or(5) The tree is an unusual species, significant grove or is otherwise unique.(b) The director shall notify, in writing, the person who submitted the proposal and the tree owner (if different from the applicant) of the city council's decision.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650049", "number": "§ 37.03.030", "title": "Landmark tree designation—Benefits to property owners.", "text": "Owners of property of a landmark tree(s) are eligible to receive benefits for the care and maintenance of their landmark tree. Typical benefits may include:(a) Owners shall receive a resolution of appreciation from the City of Davis.(b) Free consultation and advice from the city arborist for the landmark tree.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650053", "number": "§ 37.03.040", "title": "Landmark tree designation—Removal of designation.", "text": "(a) Only the owners of the property on which a landmark tree is located may request removal of the landmark tree designation. The property owner shall submit a removal of designation application to the director identifying the purpose and reasons for the request for removal of the designation. The property owner shall be exempt from any permit fees related to this request.(b) The tree permit appeal board will review the request for the removal of the landmark tree designation and recommend that the designation be removed if the tree has died, been damaged, is diseased or for the reason(s) indicated in the removal of designation application. The tree permit appeal board shall work with property owner to establish a reasonable course of action that may include removal of the landmark tree designation.(c) Approval or Denial of Request to Remove Landmark Tree Designation.(1) If the removal of the landmark tree designation is approved by the board, the tree(s) shall no longer be designated as a landmark tree and shall be removed from the city's landmark tree list. A request to designate the tree as a landmark tree may not be submitted again for two years following the date of the board's approval.(2) If the removal of the landmark tree designation is denied by the board, the landmark tree designation shall remain. A request for the removal of the landmark tree designation for the same tree may not be submitted again for one year following the date of the board's denial.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650056", "number": "§ 37.03.050", "title": "Landmark trees and trees of significance—Removal or modification not associated with building permits or discretionary projects.", "text": "(a) Modification or Removal. No person shall cut down, remove, prune substantially, encroach into the tree protection zone, top or relocate any landmark tree or any tree of significance unless a valid tree permit has been approved pursuant to the procedures contained in Sections 37.02.050 and 37.02.070 and, if applicable, Section 37.03.060. The director shall have the discretion to grant or deny any permit application for the removal or modification of a tree of significance and may in his or her discretion, refer such permit application to the tree permit appeal board.(b) Emergencies. In the event of an emergency (when a tree is imminently hazardous or dangerous to life or property) the tree may be pruned or removed, whichever is appropriate, upon notification to the director. If, due to the immediacy of the emergency, notification prior to the pruning or removal is infeasible or impossible, notification shall be given to the director on the next day following the pruning or removal.(c) Removal by public utility. A public utility may submit a permit application to remove landmark trees that interfere with the safe and efficient operation of the public service for which they are responsible, as per the city public utility easement agreement and Section 37.02.060.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650061", "number": "§ 37.03.060", "title": "Landmark trees and trees of significance—Removal or modification associated with building permits or discretionary projects.", "text": "(a) This section shall govern requests for removal or modification of landmark trees and trees of significance, except those not subject to this article under Section 37.03.010, in all cases where removal or modification is for the purpose of: (1) constructing or adding to a structure, including, but not limited to, fences, sheds, decks and retaining walls; (2) providing parking; (3) trenching; or (4) any other activity requiring approval of a building permit or any discretionary project.(b) An application for a building permit or discretionary permit, when there are landmark trees or trees of significance exist on or within fifteen feet of the site, shall include with the project plans a tree preservation plan consisting of the following:(1) A scale drawing that designates the location, species, and trunk diameter measured at DBH of applicable trees on the site, with each tree's tree protection zone accurately depicted, and indicates the landmark tree(s) and/or tree(s) of significance proposed for removal or modification.(2) Location of proposed existing structures and/or improvements, including, but not limited to, trenching, paving grade changes, building heights, etc.(3) Project contact (name, phone, and address) who shall be responsible for implementing and maintaining the approved tree protection plan consistent with Section 37.05.010.(4) Photos of the general site conditions may be required to be submitted with the project plans. Existing trees may be required to be located in the field by a licensed surveyor and reflected on the project plans.(c) Independent Arborists Report. At the expense of the applicant, an independent arborist's report may be required when there are landmark trees or trees of significance exist on or within fifteen feet of the site, which shall contain specific information on tree location, health, and condition, an analysis of potential impacts of development, recommended actions, mitigation measures (as defined in this section), and monitoring regarding one or more trees on an individual lot or project site. Independent arborist's report may be required in, but is not limited to, the following circumstances:(1) When a particularly valuable species is involved in the project;(2) When more than three trees will be affected;(3) When there is a highly visible impact to the tree canopy;(4) When a highly visible tree will be affected;(5) When a tree(s) that is shared or enjoyed by more than one property owner is involved; or(6) When circumstances could put an existing tree at risk and require an arborist's recommendation for prudent care.(d) Conditions of approval for landmark tree or tree of significance removal or modification permits associated with building permits of discretionary approvals. A bond or other security satisfactory to the city may be required as a condition of approval of application for a building permit or discretionary permit, when there are landmark trees and/or trees of significance exist on or within fifteen feet of the site, as provided in Section 37.02.040(d).(e) Applications shall be considered, and a determination made regarding whether or not and under what conditions the permit should be granted by the entity or official listed below:(1) By the planning commission, as part of any application requiring planning commission approval;(2) By the community development director, or designee, for any tree permit associated with a building permit, or any discretionary project application requiring approval by the community development department.(f) The following standards and provisions shall be considered when evaluating a permit under this section:(1) The design and placement of development should attempt to incorporate existing healthy trees into the site design.(2) If a tree(s) is to be removed, the removal shall be mitigated in accordance with the following, as provided in the permit:(A) Replanting a Tree(s) On-Site. Trees shall be planted and maintained in number and size so that there is no net loss in tree diameter at breast height (DBH). For example, if one tree is removed with a twelve-inch DBH size, mitigation may consist of a replacement of equal size, two trees each measuring six-inch DBH, or four trees each measuring three-inch DBH. The replanted tree(s) shall be minimum five-gallon size and of a species that will eventually equal or exceed the removed tree in size.(B) Replanting a Tree(s) Off-Site. If there is insufficient space on the property for replacement tree(s), required planting and maintenance shall occur on another property owned by the applicant, or in city-owned open space or park, subject to the approval of the city arborist and authorized property owners.(C) Payment to the Tree Preservation Fund in Lieu of Replacement. If, in the city arborist's determination, no feasible alternative exists to plant the required mitigation, or there are other considerations for alternative mitigation, the applicant shall pay into the tree preservation fund an amount determined by the director based upon the ISA appraisal guidelines or other approved method. If the director approves another method of appraisal guidelines the director shall publish notice of that approval and notify the permit applicant at the time the permit application is issued.(3) Removal or modification shall not be approved unless the reviewing entity or official finds one of the following:(A) The tree(s), due to its location in respect to topography and required setbacks and easements, prevents reasonable development of permitted uses. Existing development on similar sites in the same zone and having similar characteristics shall be considered when determining reasonable development of permitted uses.(B) The condition of the tree(s), with respect to general health; disease; maturity; structural integrity; proximity to existing structures; parking; high pedestrian traffic areas; activity areas or interference with utility services, cannot be controlled or remedied through reasonable preservation procedures and practices.(C) Good forestry practice suggests a reduction in the number of trees due to incapacity of the property to sustain the present number in healthy condition.(4) The visual prominence and function of each tree on the site shall be considered prior to a decision on the application.(5) If the application is approved, such conditions shall be imposed as are deemed necessary to fulfill the standards of this chapter.(g) Construction shall not be done in a manner that negatively affects the growth or health potential of any tree required to be preserved. To improve the chances of long term survival of any tree required to be preserved on a development site, the tree preservation and protection standards, shall be followed. In such cases, an independent arborist or the city arborist shall be on site to observe and monitor work that impacts the tree(s) and, at completion of such work, submit a certification letter acknowledging compliance. In addition, a bond may be required pursuant to subsection (d).(h) Appeals of any discretionary action shall follow the applicable procedures set forth in Chapter 40 of this Code.", "history": "(Ord. 2099 § 1, 2002; Ord. 2390 § 2, 2012; Ord. 2671, 12/3/2024)" } ] }, { "guid": "44650086", "title": "PARKING LOT TREES", "number": "37.04", "url": "https://ecode360.com/44650086", "sha256": "b3f185a1fe48bd05038cce88e3103a6a00fc8cf5c37ff8387bc24482221ff07a", "exportedArticleSha256": "65fe40855a39a8fff8166e5d8aa3006a4b63ce83cd81cbaa929ef3852cef01f8", "sections": [ { "guid": "44650087", "number": "§ 37.04.010", "title": "Applicability.", "text": "Regulations contained within this article relate to all improved off-street parking lots within the City of Davis per Section 40.25.060 of the Davis Municipal Code.", "history": "(Ord. 2099 § 1, 2002; Ord. 2678, 11/4/2025)" }, { "guid": "44650088", "number": "§ 37.04.020", "title": "Parking lot shading tree selection and shading plan.", "text": "Tree selection shall be in accordance with the provisions of the City of Davis Climate-Ready Tree List. A parking lot shading plan and related shade calculations shall be submitted to the department along with the discretionary project entitlement or building permit for all new and/or reconstructed parking lots.", "history": "(Ord. 2099 § 1, 2002; Ord. 2678, 11/4/2025)" }, { "guid": "44650089", "number": "§ 37.04.030", "title": "Parking lot planting/maintenance standards.", "text": "Parking lot planter design, materials, planting and irrigation details shall be as per the city tree planting and maintenance specifications and the parking lot shading guidelines.", "history": "(Ord. 2099 § 1, 2002)" } ] }, { "guid": "44650090", "title": "PROTECTION OF TREES DURING NEW CONSTRUCTION", "number": "37.05", "url": "https://ecode360.com/44650090", "sha256": "9227852fe5cd476142039b516a829543d749c06bef7d86c0be89e7df5cd5083c", "exportedArticleSha256": "5db614df32b0f60b5bf4e53781d182075d0fd10e0e0a0c4ac9dd0d6b03ec7e58", "sections": [ { "guid": "44650091", "number": "§ 37.05.010", "title": "Protection while trenching, grading, performing construction, or other related site work.", "text": "Prior to any demolition, trenching, grading, construction, repair, alteration, removal or moving of any building, house or structure, or other site work, all trees to be preserved in compliance with this chapter shall be protected in accordance with the tree preservation and protection standards, and as follows:(a) Approved development plans and specifications shall state protection procedures for trees that are to be preserved as outlined in the tree protection specifications and shall be available at the project site. From the conception of plans, developers, architects, landscape architects, engineers and/or planners shall accurately locate and identify all existing trees on proposed project site plans and shall comply with the city policies for tree preservation. Tree care practices, such as the cutting of roots, pruning the top, etc., shall be described in the approved tree modification permit, tree preservation plan or project conditions.(b) It is the responsibility of the property owner or his or her designated representative to ensure that all trades/subcontractors and utility companies abide by the preservation conditions of this provision.(c) Violation or failure to comply with the requirements of this section or the condition of permit approval may result in a penalty pursuant to Section 37.06.040.", "history": "(Ord. 2099 § 1, 2002)" } ] }, { "guid": "44650095", "title": "VIOLATION OF CHAPTER AS PUBLIC NUISANCE", "number": "37.06", "url": "https://ecode360.com/44650095", "sha256": "aa94c45cfe2caa8926711f9be3ca1434754ac9ddfd5f08fcdc06b5b86f88ba78", "exportedArticleSha256": "d1363fc5487be4cc59e68c1e552c7c14ab603ac7edec4fd598742687f064d3e2", "sections": [ { "guid": "44650096", "number": "§ 37.06.010", "title": "Right of inspection.", "text": "The director may inspect any tree or other plant on private property in the city, in accordance with law, to determine whether the same or any portion thereof is in such a condition as to constitute a public nuisance and to consider abating or correcting any condition or thing declared to be a public nuisance under this chapter. When a public nuisance is declared relating to any city tree or private/protected tree, the director shall determine the appropriate course of action, including, but not limited to, tree or root pruning, site modification, or tree removal.", "history": "(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)" }, { "guid": "44650097", "number": "§ 37.06.020", "title": "Public nuisance—Certain conditions designated.", "text": "The following are declared public nuisances:(a) Any tree or other plant or part thereof growing upon private property but overhanging the street or interfering with the use of any street, which in the opinion of the director endangers the life, health, safety or property of the public.(b) The continued existence of any tree or other plant on private property within the city that is dead, infected with disease or infested with pests which constitute a threat to or may be injurious to trees or other plants in the surrounding area.(c) Any tree or other plant more than thirty-six inches in height measured from the curb gutter and planted in a triangular area measured twenty-five feet along the curb in either direction from the sidewalk curb intersection.(d) Any plant that interferes with, impairs or destroys any street improvement (including traffic signs or lights), sidewalk, curb, gutter, sewer, street trees or any public improvement.(e) Vines, ivy, or climbing plants growing on, into, or over any street tree or any public hydrant, pole, or electrolier (i.e., street lights, greenbelt lights, etc).(f) Any plant that impedes sidewalks and bike paths, or by being lower than eight feet over pedestrian and bike paths, or any plant which is lower than fourteen feet over a traffic lane.(g) Non-permeable paving added within the tree protection zone of a tree covered under this chapter after the tree was planted for the city.(h) Street trees with invasive root systems or surface roots resulting in damage to private paving. In this situation, city is responsible for street tree related work when private paving (excluding city rights-of-way but including, for example, private driveways and walkways) are disrupted, but the city is not responsible for private paving removal or replacement work. Repairs to private paving shall be the responsibility of the property owner. The city offers property owners the opportunity to decide where a street tree(s) will be planted and cannot control the soil conditions, watering practices, and other cultural impacts that determine where roots will grow. The city arborist or designee shall work with the property owner to remove or modify the root(s) that cause the paving removal or replacement work to occur, so long as such removal or other modification complies with Section 37.02.040.", "history": "(Ord. 2099 § 1, 2002)" }, { "guid": "44650106", "number": "§ 37.06.030", "title": "Public nuisance—Abatement notice—Liability of city, etc.", "text": "Any condition constituting a public nuisance as defined in Section 37.06.020 may be abated pursuant to the procedures provided by Chapter 23 of this Code, or its successor ordinance. This remedy is cumulative of any other remedy provided by law for the abatement of public nuisances.", "history": "(Ord. 2099 § 1, 2002)" }, { "guid": "44650107", "number": "§ 37.06.040", "title": "Violation—Enforcement.", "text": "(a) Any person who violates any of the provisions of this chapter or any of the conditions of any permit issued hereunder is guilty of a misdemeanor.(b) In addition to criminal penalties and civil nuisance enforcement authorized by this Code, any person who violates any provision of this chapter may be liable for a civil penalty for each day or part thereof that said violation occurs pursuant to the process provided by Chapter 23 of this Code. Further, if such violation results in unauthorized removal, destruction or disfigurement of trees, the responsible person may be liable for a civil penalty equal to the value of the removed, destroyed or disfigured tree as set forth in the current edition of The Guide for Plant Appraisal as published by the International Society of Arboriculture (ISA) or other approved method. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties and associated costs of the city. Penalties can be met through a combination of replacement trees and/or in-lieu payments into the tree preservation fund, as approved by the director.(c) Whenever any construction or work is being performed contrary to the provisions of this chapter, the director and/or the community development department personnel may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or danger, and no work shall be allowed until the violation or danger has been rectified and approved by the community development director or designee and the director.", "history": "(Ord. 2099 § 1, 2002; Ord. 2390 § 2, 2012; Ord. 2671, 12/3/2024)" } ] }, { "guid": "44650111", "title": "TREE PERMIT APPEAL BOARD", "number": "37.07", "url": "https://ecode360.com/44650111", "sha256": "724795fd33cd8a86db6606d973398dbd5fde18a0f3d6960d098ea0b36bb548e8", "exportedArticleSha256": "7ee3c7ca7ba6ef8e8614fd2a65347bd7fdd6b3ad55aa54dee58b213db1e6f088", "sections": [ { "guid": "45838402", "number": "§ 37.07.010", "title": "Establishment and powers and duties.", "text": "(a) The tree permit appeal board is hereby established and shall consist of the city manager, community development director, or their designees, and a certified, non-city arborist. Specific expertise represented shall include planning, property rights and tree health.(b) The tree permit appeal board (\"board\") shall act as a decision-making body for:(1) Appeals of administrative decisions related to city tree permits.(2) Appeals of administrative decisions related to private/protected tree permits.(3) The removal of a landmark tree designation.(c) The director, based on merits of the request and unusual or extenuating circumstances, shall have discretion to determine whether a city tree permit or a private/protected tree permit may be processed administratively or proceed directly to a public hearing before the board.(d) In considering requests for a tree modification or removal permit under this section, the board shall review the matter de novo and make its decision based on the findings, criteria, or factors applicable to the subject permit as described in the Code.(e) The board may consult with certified third-party professionals when warranted.(f) The board shall have the authority to consider and act on requests to reduce mitigation requirements including fees, tree planting requirements, etc. Consideration of these requests will be based on the facts provided in the request or appeal and shall be at the sole discretion of the board.(g) The board may act to approve, conditionally approve, or deny a tree modification or removal permit. Any conditions on modification or removal shall be outlined in the tree removal permit and reflected in any applicable project entitlement (conditions of approval, maps, plans, permits, etc.).", "history": "(Ord. 2671, 12/3/2024)" }, { "guid": "45838413", "number": "§ 37.07.020", "title": "Right to appeal.", "text": "The following individuals and/or entities have the right to appeal administrative decisions related to city tree permits or private/protect tree permits to the board:(a) For city tree permits:(1) The property owner;(2) Tenants of the property with a long-term lease of one year or more;(3) Immediately adjacent property owners of single-family properties or tenants of the properties immediately adjacent to the property with a long-term lease of one year or more.(b) For private/protected tree permits:(1) The property owner;(2) Tenants of the property (including residents of multi-family or residential care facilities) with a long-term lease of one year or more;(3) Immediately adjacent property owners or tenants of the properties immediately adjacent to the property with a long-term lease of one year or more;(4) For private/protected trees located in Homeowner's Association public areas, property owners or residents with long-term leases of one year or more.", "history": "(Ord. 2671, 12/3/2024)" }, { "guid": "45838423", "number": "§ 37.07.030", "title": "Appeal process.", "text": "(a) Appeals of administrative decisions related to city tree permits or private/protected tree permits must be filed with the public works department.(b) An appeal form must be timely filed by an individual/entity with the right to appeal as specified in Section 37.07.020 and applicable processing fees paid as listed in the City's Master Fee Schedule within ten calendar days of:(1) The date of notification of the administrative decision related to a city tree permit or private/protected tree permit; or(2) The posting of an approved city tree permit.(c) Any appeal may be withdrawn by the appellant upon written notice to the public works department delivered prior to the commencement of the appeal hearing.(1) If no appeal is timely filed, the decision of the director will be final after the appeal period ends.(2) If an appeal is timely filed, the decision of the director will not be effective. The board will conduct a public hearing and consider the findings of the director and any public testimony. The board shall vote to approve the permit, approve the permit with conditions, or deny the permit.(3) If an appeal is withdrawn prior to the end of the public hearing, the decision of the director will become effective on the date of the withdrawal.", "history": "(Ord. 2671, 12/3/2024)" }, { "guid": "45838432", "number": "§ 37.07.040", "title": "Board meeting notices and posting requirements.", "text": "(a) Meeting notices of the board shall contain:(1) The date, time, and place of the meeting;(2) A general description of the matter to be considered;(3) A general description, in text or by diagram, of the location of the tree(s) on the subject property.(b) The director shall cause the meeting notice to be posted and mailed as follows at least ten calendar days before the meeting:(1) Posted on the city's website and conspicuously on the tree(s) at the subject real property.(2) Mailed (electronically or via U.S. mail) to the appellant(s) and the property owner on which the tree is located (if different than the appellant(s)).", "history": "(Ord. 2671, 12/3/2024)" }, { "guid": "45838440", "number": "§ 37.07.050", "title": "Board actions and final determinations.", "text": "(a) Tree Permit Appeals. Except as otherwise provided by this chapter, the board shall vote to approve, conditionally approve, or deny a city tree permit or private/protected tree permit. The board, at its sole discretion based on the facts provided in the appeal, may also vote to approve, reduce, or increase mitigation requirements including fees, tree planting requirements, etc.(b) Landmark Tree Designation Removal. The board shall vote to approve or deny the removal of a landmark tree designation.(c) The board's decision on the appeal shall be final.(d) Notification of Final Determination by the Board. The appellant, if not at the meeting, will be notified via mail or email of the board's decision within five business days of the meeting with a report of the actions taken.", "history": "(Ord. 2671, 12/3/2024)" } ] }, { "guid": "44650128", "title": "IN GENERAL", "number": "38.01", "url": "https://ecode360.com/44650128", "sha256": "d3619dc1a214e9cec6d717a4215998e4ac9cb3783c51dc38987b52ebf325b561", "exportedArticleSha256": "fd13ac43c7a4f2b2664a8514716365f847c8fa7bd6024f60258664b6e230e21a", "sections": [ { "guid": "44650129", "number": "§ 38.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Commission.The public utilities commission of the state.Poles and overhead wires and associated overhead structures.Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of city and used or useful in supplying electric, communication or similar or associated service.Underground utility district or district.An area in the city within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of this chapter.Utility.All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.", "history": "(Ord. 411 § 1)" }, { "guid": "44650134", "number": "§ 38.01.020", "title": "Applicability of chapter.", "text": "This chapter shall not apply to the following types of facilities:(a) Poles used exclusively for police and fire alarm boxes or any similar city equipment installed under the supervision and to the satisfaction of the city engineer.(b) Poles and overhead wires and associated overhead structures used exclusively for street lighting.(c) An electric distribution system consisting of metal poles supporting high voltage wires, transformers and street lights with all other facilities for the supplying and distribution of electric energy and service placed underground.(d) Wires, exclusive of supporting structures, crossing any portion of the district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited.(e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.(f) Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication service.(g) Equipment pertinent to underground facilities, such as service mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts.", "history": "(Ord. 411 § 1)" }, { "guid": "44650142", "number": "§ 38.01.030", "title": "Designation procedure.", "text": "The city council may, from time to time, and the city council shall, upon application by twenty percent of the property owners determined by reference to the last equalized assessment roll, call a public hearing to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys and ways within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof. If, after any such public hearing, the city council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the city council shall, by ordinance declare such area an underground utility district.Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and such overhead wires and associated overhead structures shall be removed and within which affected property owners shall be ready to receive underground service. The city council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.", "history": "(Ord. 411 § 1)" }, { "guid": "44650143", "number": "§ 38.01.040", "title": "Compliance with ordinance adopted pursuant to chapter.", "text": "Whenever the city council by ordinance declares an area of the city as an underground utility district, it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structure on any public street, alley or way within the district after the date when the facilities are required to be removed.No person or utility shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district, or shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the ordinance or shall otherwise fail to comply with the provisions of this chapter. Each consecutive fifteen-day period during which the failure to comply with the provisions of this chapter shall continue shall constitute a separate offense.", "history": "(Ord. 411 § 1)" }, { "guid": "44650144", "number": "§ 38.01.050", "title": "Notification of affected property owners and utilities.", "text": "Within ten days after the passage of an ordinance pursuant to this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district described in such ordinance. The city clerk shall further notify the property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the state public utilities commission and to the requirements of state laws, this Code or other ordinances.Notification shall be made by mailing a copy of the ordinance, together with a copy of this chapter, to the affected utilities and to the affected property owners as such are shown on the last equalized tax roll of the city.", "history": "(Ord. 411 § 1)" }, { "guid": "44650145", "number": "§ 38.01.060", "title": "Granting of exceptions.", "text": "The city council may, in any ordinance enacted pursuant to this chapter, grant special permission, on such terms as the city council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding any other provision of this chapter.", "history": "(Ord. 411 § 1)" }, { "guid": "44650146", "number": "§ 38.01.070", "title": "Responsibilities and obligations—Utilities.", "text": "If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to this chapter, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the state public utilities commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the state public utilities commission, and shall be completed within the time for removal of overhead facilities specified in the ordinances.", "history": "(Ord. 411 § 1)" }, { "guid": "44650147", "number": "§ 38.01.080", "title": "Responsibilities and obligations—Property owner generally.", "text": "All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in Section 38.01.070 and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting the property, subject to applicable rules, regulations and tariffs of the utility on file with the state public utilities commission and to the lawful requirements of state laws and city ordinances.", "history": "(Ord. 411 § 1)" }, { "guid": "44650148", "number": "§ 38.01.090", "title": "Responsibilities and obligations—City.", "text": "The city shall remove its police and fire alarm circuits or any similar city equipment at its own expense from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the ordinance enacted pursuant to this chapter.", "history": "(Ord. 411 § 1)" }, { "guid": "44650149", "number": "§ 38.01.100", "title": "Notice to property owners.", "text": "(a) In the event the person owning, operating, leasing or renting property does not comply with the provisions of Section 38.01.090 within the time provided for in the ordinance enacted pursuant to this chapter, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within ten days after receipt of such notice.(b) Notice pursuant to this section may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises. The notice shall be addressed to the owner thereof as such owner's name appears, and shall be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county, When no address appears, to general delivery, City of Davis. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.(c) The notice given pursuant to this section shall particularly specify what work is required to be done, and shall state that if the work is not completed within ten days after receipt of such notice, the city engineer shall provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.", "history": "(Ord. 411 § 1)" }, { "guid": "44650153", "number": "§ 38.01.110", "title": "Work performed by city upon owners failure to do so—Assessment of cost.", "text": "If upon the expiration of the ten-day period following the giving of notice to property owners, the required underground facilities have not been provided the city engineer shall forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the city engineer, he or she shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The city council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall be not less than ten days thereafter.", "history": "(Ord. 411 § 1)" }, { "guid": "44650154", "number": "§ 38.01.120", "title": "Notice of hearing on assessment of costs.", "text": "The city engineer shall upon the time for hearing protests against the assessment of costs having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, in the manner provided for the giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon the report of the city engineer and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.", "history": "(Ord. 411 § 1)" }, { "guid": "44650155", "number": "§ 38.01.130", "title": "Hearing of protests of assessments—Payment of assessments.", "text": "Upon the date and hour set for the hearing of protests, as to assessment of costs, the city council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the county assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as property taxes are due and payable, and if not paid when due and payable shall bear interest at the rate of six percent per annum.", "history": "(Ord. 411 § 1)" }, { "guid": "44650156", "number": "§ 38.01.140", "title": "Disconnection of service upon failure to comply with chapter.", "text": "In the event the person owning, operating, leasing or renting property does not comply with the provisions of Section 38.01.070 within the time provided for in the ordinance enacted pursuant to this chapter, the city engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.", "history": "(Ord. 411 § 1)" }, { "guid": "44650157", "number": "§ 38.01.150", "title": "When utility deemed failing to comply with chapter.", "text": "Until such time as an order is issued pursuant to this chapter, the supplying utility shall not be in violation of this chapter or the ordinance enacted pursuant to this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same.", "history": "(Ord. 411 § 1)" }, { "guid": "44650158", "number": "§ 38.01.160", "title": "Extension of time limits in emergencies.", "text": "In the event that any act required by this chapter or by an ordinance enacted pursuant to this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.", "history": "(Ord. 411 § 1)" } ] }, { "guid": "44650161", "title": "IN GENERAL", "number": "39.01", "url": "https://ecode360.com/44650161", "sha256": "86b19d19afc7aa957f99843eb002dd52b5092955c810a0e49c8021b69efa1788", "exportedArticleSha256": "f6184bbb3c1d7e31d33eee0e4df09eb0948c6c37383d24dc36bb5be3823e802a", "sections": [ { "guid": "44650162", "number": "§ 39.01.010", "title": "Definitions.", "text": "For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section as follows:Condominium (La Buena Vida) customer.Any account within the La Buena Vida complex (common area address 1800 Fremont Court).Group living customer.Any account in which six or more unrelated individuals reside including fraternities, sororities, senior citizen houses, convents, rectories, residence halls or lodging houses. These accounts shall be converted to equivalent multifamily dwelling units by dividing the total number of residents by five.Irrigation customer.Any account served by a separate irrigation meter for the purpose of irrigating landscaping on the premises.Large commercial/industrial customer.Any commercial/industrial establishments receiving water service through a water meter two inches or greater in size.Multifamily residential customer.Any multifamily account with three or more dwelling units.Single-family residential customer.Any single-family dwelling unit, split lot duplex, condominium unit or duplex.Small commercial/industrial customer.Any commercial/industrial establishments receiving water service through a water meter up to one and one-half inches in size.", "history": "(Code 1964 § 8-2.101; Ord. 1946 § 1; Ord. 2098 § 1, 2002; Ord. 2103 § 1, 2005; Ord. 2251 § 1, 2006)" } ] }, { "guid": "44650170", "title": "SERVICE, FACILITIES, ETC.", "number": "39.02", "url": "https://ecode360.com/44650170", "sha256": "0fd3e9ba52297667f2c608d98d74cf88a4447fa6b0149d73683cd5e9ab3eceb0", "exportedArticleSha256": "77c61ac6e61bda356934603f9c5817a6ad501c81a52dd0c52760e981e53bcb36", "sections": [ { "guid": "44650171", "number": "§ 39.02.010", "title": "Application for installation of tap, etc.", "text": "No person shall use any city water without first making application to the director of public works to install a tap or to turn on the water where a tap is already installed.", "history": "(Code 1964 § 8-2.401)" }, { "guid": "44650172", "number": "§ 39.02.020", "title": "Inspections.", "text": "It shall be unlawful for any person to interfere or seek to interfere with any inspection of the director of public works or authorized representative of any fixture or water using or distributing device to which city water is connected; provided, that before entering occupied dwellings or premises for the purpose of making an inspection, the consent of the occupant thereof shall be secured or twenty-four hours' written notice of the intention to so enter and inspect shall be served upon the occupant by the director of public works.", "history": "(Code 1964 § 8-2.402)" }, { "guid": "44650173", "number": "§ 39.02.030", "title": "Leaky fixtures.", "text": "It shall be unlawful for any person to maintain or allow on his or her premises leaky or faulty water fixtures or water using or distributing devices to which city water is connected, so that city water is wasted thereby. The failure to repair or disconnect such faulty device shall be sufficient cause for the disconnection of city water from such premises by the director of public works until such repairs have been made and after such disconnection, water shall be reconnected only in accordance with the provisions of Section 39.02.140.", "history": "(Code 1964 § 8-2.403)" }, { "guid": "44650174", "number": "§ 39.02.040", "title": "Certain acts causing waste of water prohibited.", "text": "No person shall use or cause to be used any city water for the purpose of sprinkling streets or alleys, except such person as may be authorized by the director of public works, nor allow any water to run to waste in any gutter or otherwise, nor shall any city water be used for irrigation except as provided in this chapter. No person other than employees of the water department shall open any fire hydrant or attach any hose thereto for any purpose, without first obtaining written permission from the chief of the fire department or the director of public works.", "history": "(Code 1964 § 8-2.404)" }, { "guid": "44650175", "number": "§ 39.02.045", "title": "Prohibitions and enforcement of water waste.", "text": "The water use restrictions detailed below are permanent water use restrictions which match the Shortage Level 1 (0 to 10% water shortage) Demand Reduction Actions detailed in the City's Water Shortage Contingency Plan (WSCP), Chapter 8 of the Urban Water Management Plan (UWMP). Water use restrictions beyond Shortage Level 1 restrictions are established in the WSCP and may be implemented from time to time, by resolution of the city council in compliance with California law. Demand Reduction Actions for Shortage Levels 1-6 can be found in the approved WSCP.Permanent Water Use Restrictions—Shortage Level 1 (0 to 10% Water Shortage).(a) Landscape water use restrictions.(1) No potable water shall be applied to outdoor landscapes in a manner that causes more than incidental runoff, such as minimal overspray from sprinklers that escapes the area of intended use, so that water flows onto adjacent property, non-irrigated areas, private walkways, roadways, parking lots, or structures.(2) No landscape watering between 9:00 a.m. and 6:00 p.m. except with a hand-held container or hose with a shut-off nozzle, or for very short periods when adjusting a sprinkler system. This restriction does not apply to landscape irrigation using a low volume irrigation system (such as drip irrigation and micro-irrigation) designed to apply small volumes of water slowly at or near the root zone of plants. This includes, but is not limited to, properly functioning drip irrigation systems and soaker hoses.(3) No irrigation of turf and/or ornamental landscapes during and within forty-eight hours after measurable rainfall of at least one-fourth of one inch of rain in a given area of Davis.(4) No irrigation with potable water of landscapes outside of homes and buildings constructed after June 2015 in any manner inconsistent with regulations or other requirements established by the California Building Standards Commission, the department of housing and community development and the Model Water Efficient Landscape Ordinance (MWELO).(5) No irrigation of turf on public street medians or publicly owned and maintained landscaped areas between the street and sidewalk, except where:(A) The turf serves a community or neighborhood function, including, but not limited to, recreational uses and civic or community events;(B) The turf is irrigated incidentally by an irrigation system, the primary purpose of which is the irrigation of trees; or(C) The turf is irrigated with recycled water through an irrigation system installed prior to January 1, 2018.(b) Commercial water use restrictions.(1) Eating or drinking establishments, including, but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased shall only serve drinking water upon patron request.(2) Restaurants are required to use a pre-rinse spray valve when washing dishes.(3) Hotels and motels shall provide guests with the option to decline daily bed linen and towel changes. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.(4) In-bay car washes or conveyor car washes permitted and constructed after January 1, 2014 shall use recirculating water systems pursuant to California Water Code Division 6 Part 2.12 Sections 10950—10953.(c) Other water use restrictions.(1) A hose that dispenses potable water to wash a motor vehicle shall be fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.(2) Potable water shall not be applied directly to driveways and sidewalks unless required for health and safety purposes.(3) Potable water shall not be used in an ornamental fountain or other decorative water feature, except where the water is part of a recirculating system.(4) All property owners must fix leaks, breaks or malfunctions in water fixtures or water-using or distributing devices to which city water is connected when they find them, or within seventy-two hours of receiving a notice from the City of Davis pursuant to Davis Municipal Code Section 30.02.040.(d) Violation and penalties.(1) The City of Davis emphasizes an educational approach to water waste issues to encourage water conservation and prevent water waste. The public works director has adopted standard operating procedures for water waste complaints that outline the notification process and steps for enforcement if outreach alone is not sufficient to rectify the issue. The procedures may be amended from time to time. City staff shall make attempts in each step of the process to work with the resident and/or property owner on the issue before moving to the next step in the enforcement process.(2) Pursuant to Section 377 of the California Water Code and Section 1.01.110 of the Davis Municipal Code, violation of any of the provisions of this section is a misdemeanor. A person convicted shall be punished by imprisonment in the County Jail for not more than thirty days, or by fine not exceeding one thousand dollars, or by both. This fine is in addition to, and does not supersede or limit any other remedies, civil or criminal.(3) As provided in California Water Code Section 377, any person may be held civilly liable in an amount not to exceed ten thousand dollars for violation of this section and/or for violating any emergency regulations adopted by the State Water Board under California Water Code Section 1058.5, unless the State Water Board regulation provides that the specific regulation may not be enforced under Section 377. The procedures, requirements and process for civil liability shall be as set forth in California Water Code Section 377.(4) As provided in California Water Code Section 377, the civil liability for the first violation by a residential water user shall not exceed one thousand dollars except in extraordinary situations where the court or the city finds all of the following:(A) The residential user had actual notice of the requirement found to be violated.(B) The conduct was intentional.(C) The amount of water involved was substantial.(5) For the purposes of issuance of a complaint or citation under this section, subsection (b) of Water Code Section 377, or subdivision (d) of Water Code Section 1058.5 such complaint or citation may be issued by the city manager or designee, or the city's code enforcement officer as defined by Section 829.5 of the California Penal Code.", "history": "(Ord. 2452 § 2, 2015; Ord. 2461 § 2, 2015; Ord. 2464 § 1, 2015; Ord. 2605 § 2, 2021)" }, { "guid": "44650204", "number": "§ 39.02.050", "title": "Permitting service pipe to connect to existing service pipe prohibited; exception.", "text": "It is unlawful for any person whose service pipe is, at the time of the passage of this chapter, attached directly or indirectly to the water mains of the city, to allow any person to attach any service pipe to his or her service pipe, without first obtaining written permission from the director of public works.", "history": "(Code 1964 § 8-2,407)" }, { "guid": "44650205", "number": "§ 39.02.060", "title": "Use of pipe or hydrant following shut off prohibited.", "text": "Whenever, from any cause, the director of public works shall shut off any hydrant or pipe carrying or discharging water from the works of the city, it shall be unlawful for any person to open such hydrant, or pipe or to turn on or use any water from such hydrant or water pipe without first obtaining written permission from the director of public works.", "history": "(Code 1964 § 8-2.408)" }, { "guid": "44650206", "number": "§ 39.02.070", "title": "Obstructing fire hydrant, stop cock, etc., prohibited.", "text": "No person shall place upon, or about any fire hydrant, water gate, curbstock or stop cock connected with the city's water system any building material or other obstruction so as to prevent free access to the same at all times.", "history": "(Code 1964 § 8-2.409)" }, { "guid": "44650207", "number": "§ 39.02.080", "title": "Notification as to pending street grading, excavation, etc.", "text": "All persons who open, grade, regrade, fill, excavate or work a street shall give ten days' written notice to the director of public works for the removal or displacement of any water mains, pipes, fittings, meters or other waterworks materials which may interfere with such street work, and on failure to so furnish such notice, any damage resulting from such failure shall be charged against the person responsible.", "history": "(Code 1964 § 8-2.410)" }, { "guid": "44650208", "number": "§ 39.02.090", "title": "Minimum and maximum size of service.", "text": "Except for manifold arrangements serving two or more lots, which are specifically approved by the water department and installed according to design specifications approved by the city's public works director; the minimum size of service shall be one inch. The maximum size of service shall be determined by the public works department.", "history": "(Code 1964 § 8-2.209; Ord. 799 § 1)" }, { "guid": "44650209", "number": "§ 39.02.100", "title": "Discontinuance of service generally.", "text": "Water service may be discontinued for nonpayment of bills or noncompliance with any of the regulations of this chapter as follows:(a) The city shall not terminate service for nonpayment of any residential account until a payment by a customer has been delinquent for at least sixty days. The city manager or designee shall give written notice of an impending termination, at least ten business days prior to the proposed termination, by first class mail addressed to the customer to whom the service is billed. The notice shall include, but is not limited to, all of the following information in a clear and legible format:(1) The customer's name and address.(2) The amount of the delinquency.(3) The date by which payment or arrangement for payment is required in order to avoid discontinuation of service.(4) A description of the process to apply for an extension of time to pay the delinquent charges.(5) A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent service charges, consistent with the city's official Policy on Discontinuation of Residential Water Service.(6) A description that tenants have the right to become customers of record and accept bills for water service and the procedure to make service available to the tenant.(7) A description of the process to request a petition for bill review and appeal the notice of proposed termination, the procedure for requesting an appeal, and the city shall not discontinue service while the appeal is pending.(b) If the customer's mailing address is not the address of the property to which service is provided, the notice also shall be sent to the address of the property to which service is provided, addressed to \"Occupant.\" If the written notice is returned as \"undeliverable,\" the city shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent termination of service and the city's official Policy on Discontinuation of Residential Water Service.(c) Any customer is entitled to a bill review or appeal if requested in writing within ten business days after receipt of a bill which the customer contests or a notice of impending termination pursuant to subsection (a). If the dispute or complaint regards nonpayment of a delinquent account, the review shall include consideration of whether the customer should be permitted to amortize the unpaid balance of his or her account over a reasonable period of time. No termination shall be effected for any customer complying with any such amortization agreement, provided the customer also keeps current his or her account for utility service as charges accrue in each subsequent billing period.If a customer fails to comply with an amortization agreement, the city manager or designee shall not terminate service without posting a final notice to the customer at least five business days in a prominent and conspicuous location at the residence that further explains the conditions the customer must meet to avoid termination, but such notice shall not entitle the customer to further investigation.(d) The city shall not discontinue service for nonpayment during: (1) the pendency of an investigation of a customer dispute; (2) any appeal of the city's decision to discontinue service; or (3) such time the customer is in compliance with a duly authorized payment plan or program.(e) The city shall not discontinue service for nonpayment if all of the following conditions are met:(1) The customer, or tenant of the customer, submits to the city a certification of a primary care provider stating that discontinuation of service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.(2) The customer, or tenant of the customer, demonstrates that he or she is financially unable to pay for service if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security, Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than two hundred percent of the federal poverty level.(3) The customer, agent of the customer, or tenant of the customer, is willing to enter into an agreement to facilitate one of the options listed below:(A) Amortization of the unpaid balance.(B) Participation in an alternative payment schedule.(C) A partial or full reduction of the unpaid balance finance without additional charges to other ratepayers.(D) Temporary deferral of payment.The amortization agreement should result in repayment of any remaining outstanding balance within twelve months. The city may grant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case.(4) Service may be discontinued no sooner than five business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:(A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for sixty days or more.(B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current service charges for sixty days or more.(f) The city has adopted a Policy on Discontinuation of Residential Water Service that is available on the city's website and will be provided to customers in writing, upon request. In the event of a conflict between the terms of the chapter and the provisions of the adopted Policy on Discontinuation of Residential Water Service the terms of the Policy shall control. The policy includes all of the following:(1) A plan for deferred or reduced payments.(2) Alternative payment schedules.(3) A formal mechanism for a customer to contest or appeal a bill.(4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential service for nonpayment.(5) Any other provision deemed appropriate and necessary by the city manager in order to comply with federal or state law or to efficiently and fairly operate the water utility.(g) In the case service is terminated, the city shall provide the customer with information on how to restore residential service.", "history": "(Code 1964 § 8-2.301; Ord. 1333 § 2; Ord. 2574 § 1, 2020)" }, { "guid": "44650239", "number": "§ 39.02.110", "title": "Master residential meters; notice of termination of service for nonpayment.", "text": "The provisions of this section apply where water is provided through a master meter to residential occupants in a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in California Health and Safety Code Section 17008, and the owner, manager, or operator of the structure or park is the customer of record.(a) At least fifteen days prior to discontinuing service, the city will make a good faith effort to inform the residential occupants by written notice that their dwelling unit's account is delinquent and that the service will be terminated on the date specified in the notice.(b) The notice will be posted on the door of each dwelling unit at the structure or park. If it is not reasonable or practical to post the notice on the door of each dwelling unit, the city will post two copies in each accessible common area and at each point of access to the structure or park.(c) The notice will inform the residential occupants that they have the right to become city water customers, to whom service will then be billed, without being held responsible for delinquent amount owed by the existing customer of record. The notice will also specify in plain language the following:(1) What the residential occupants are required to do in order to prevent the termination of, or to reestablish;(2) The estimated monthly cost of service;(3) The title, address, and telephone number of a representative of the city who can assist the residential occupants in continuing service; and(4) The address and telephone number of a qualified legal services project recommended by the local county bar association.(d) The city may decline to make service available to the residential occupants unless each residential occupant or a representative of the residential occupants agrees to and meets the requirements of the city's terms and conditions of service and other provisions of law. However, if one or more of the residential occupants or the representative of the residential occupants are willing and able to assume responsibility for subsequent charges to the account to the city's satisfaction, or if there is a physical and legal means of selectively terminating service to those residential occupants is not responsible, the city will make service available to the residential occupants who have met those requirements or on whose behalf those requirements have been met.(e) When required, residence and proof of prompt payment of rent or other credit obligation is an acceptable means of establishing credit with the city.(f) In addition to the other limitations on discontinuing service in this chapter, water service will also not be discontinued for nonpayment under the following situations:(1) For an indebtedness owned by the existing customer of record to another public agency;(2) If the delinquent account relates to another property owned, managed, or operated by the existing customer of record; or(3) If a public health or building officer certifies that termination would result in a significant threat to the health and safety of the residential occupants or the public.", "history": "(Ord. 1333 § 3; Ord. 1518 § 1; Ord. 2574 § 2, 2020)" }, { "guid": "44650253", "number": "§ 39.02.115", "title": "Individually metered units where occupant is not customer of record; notice of termination of service for nonpayment.", "text": "The provisions of this section apply where individually metered service is provided to each dwelling unit for residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in California Health and Safety Code Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record.(a) At least ten days prior to discontinuing service, the city will make a good faith effort to inform the residential occupants in writing that the dwelling unit's account is delinquent and that service will be terminated. The written notice will inform the occupants that they may become a customer of record and accept bills for the unit's water service. The residential occupants will not be held responsible for delinquent amounts owed by the existing customer of record.(b) The city will ask each residential occupant to agree to the city's terms and conditions of service, rules, and tariffs, unless one or more occupants accepts such responsibilities to the city's satisfaction or the city is able to selectively terminate service to those occupants who do not meet such terms and conditions.(c) When required, residence and proof of prompt payment of rent or other credit obligation is an acceptable means of establishing credit with the city.(d) Notwithstanding the foregoing, if the dwelling unit is a detached single-family dwelling unit, then the city will: (1) give notice to the occupant of service discontinuation at least seven days prior to the proposed discontinuation; and (2) require the occupant to verify that the delinquent account customer was the landlord, manager, or agent of the dwelling unit. Verification may include a lease or rental agreement, rent receipts, or other government document.", "history": "(Ord. 2574 § 3, 2020)" }, { "guid": "44650258", "number": "§ 39.02.120", "title": "Termination of services on weekends, legal holidays or time when business office not open.", "text": "Water service shall not be terminated because of delinquency in payment for such service on any Saturday, Sunday, legal holiday, or at any time during which the city's business offices are not open to the public.", "history": "(Ord. 1333 § 4)" }, { "guid": "44650259", "number": "§ 39.02.130", "title": "Reconnection.", "text": "If a consumer's water service is turned off for failure to pay a bill, or for violation of any other requirements of this chapter, the water service shall not again be turned on until the amount due is paid in full plus additional charges computed as follows: water turn-off—twenty-five dollars; water turn-on—twenty-five dollars; additional service calls such as may be necessary due to consumer tampering with water service will be billed at actual time and material costs, plus a deposit to guarantee the account may be required, provided the reconnection of service fee for any customer who household income is below two hundred percent of the federal poverty line shall be no more than fifty dollars for reconnections during normal business hours and one hundred fifty dollars during nonoperational hours. These fees may be adjusted based on the Consumer Price Index beginning January 1, 2021. The amount of such guarantee shall be established by the city manager or designee. Such guarantee will be returnable at the expiration of one year from the date of deposit, providing all outstanding bills against the consumer for water service have been paid.", "history": "(Code 1964 § 8-2.302; Ord. 1333 § 4; Ord. 1644 § 1; Ord. 1703 § 1; Ord. 1764 § 1; Ord. 1798 § 1; Ord. 2574 § 4, 2020)" }, { "guid": "44650260", "number": "§ 39.02.140", "title": "Discontinuance of service for repairs.", "text": "The supply of city water may be discontinued at any time without notice to the water user, when required by the necessities of the service of the water department or of any other department of the city government, and the city shall in no way be liable for damage resulting from such discontinuance.", "history": "(Code 1964 § 8-2.502)" } ] }, { "guid": "44650261", "title": "RATES AND CHARGES", "number": "39.03", "url": "https://ecode360.com/44650261", "sha256": "f7ea0a585aa301ec6c11a3b60725487bb70c32a78717d6a203f849474b77b46e", "exportedArticleSha256": "d768918ef3bb80082aedf6519cd5eb46601a21063404fe26067ff5e07c0706f3", "sections": [ { "guid": "44650262", "number": "§ 39.03.010", "title": "Customer classifications.", "text": "For utility bills generated on and after December 1, 1998, customers shall be classified for the purposes of billing for water service as follows:(a) Metered rate customers: those water customers who are receiving water through a metered water service connection.(b) Retrofit customers: those customers who received a water meter on or after July 1, 1990, who were unmetered prior to July 1, 1990.", "history": "(Ord. 1946, 1998)" }, { "guid": "44650265", "number": "§ 39.03.020", "title": "Water meter reading and billing schedule.", "text": "For utility bills generated on and after July 1, 2013, water meters will be read monthly and water consumption will be billed the following month.", "history": "(Ord. 2410 § 1, 2013; Ord. 1946, 1998)" }, { "guid": "44650266", "number": "§ 39.03.030", "title": "Charges and related regulations for the water utility.", "text": "Rates, fees, and charges for water service furnished by the city, and any related regulations for water service, shall be established and may be amended from time to time by resolution of the city council.", "history": "(Ord. 1946, 1998; Ord. 2098 § 2, 2002; Ord. 2103 § 2, 2002; Ord. 2251 § 2, 2006; Ord. 2315, 2008; Ord. 2339, 2009; Ord. 2364, 2010; Ord. 2405 § 1, 2013; Initiative Measure P, approved by Davis voters on June 3, 2014, repealed water rates back to those established by Ord. No. 2364; Ord. 2442 § 1, 2014; Ord. 2506 § 2, 2017; Ord. 2510 § 2, 2017; Ord. 2667, 10/1/2024)" }, { "guid": "44650267", "number": "§ 39.03.045", "title": "(Reserved)", "text": "Prior History: Ord. 1946, 1998; Ord. 2098 § 2, 2002; Ord. 2103 § 2, 2002; Ord. 2251 § 2, 2006; Ord. 2315, 2008; Ord. 2339, 2009; Ord. 2364, 2010; Ord. 2405 § 3, 2013; Initiative Measure P, approved by Davis voters on June 3, 2014, repealed water rates back to those established by Ord. No. 2364; Ord. 2442 § 3, 2014; repealed by Ord. 2667, 10/1/2024.", "history": "" }, { "guid": "44650268", "number": "§ 39.03.050", "title": "Water shortage surcharge.", "text": "The water shortage surcharge is established to ensure the city receives sufficient revenues to recover its costs of providing water service when consumption decreases due to reductions in water use resulting from water shortages.Effective on billings as of November 1, 2014, all metered (quantity) rates set forth in Section 39.03.045, will be subject to the water shortage surcharges provided the water shortage stages is declared by the city council, and that the city council, after a noticed public hearing and adoption of a resolution, determines to impose such charges not to exceed the surcharges under the identified drought stage in the manner set forth in the table contained herein, below. Notice required by this section shall be published notice once at least ten days prior to the date of the public hearing.The water shortage surcharge is established in blocks of ten percent reduction targets that correlate to the demand reduction in the declared water shortage contingency stage. If the mandatory reduction in water use falls between two blocks, the rates are pro-rated accordingly. Stage 2Stage 3Stage 4Reduction Target20%30%50% or GreaterSurcharge applied to Metered Rate Charge25%43%100%For example, if a Stage 3 water shortage is declared with mandatory water use reductions imposed for that stage (up to thirty percent reduction) and that the city council, after a noticed public hearing and adoption of a resolution, determines to impose such charges then there will be an additional, up to forty-three percent, surcharge imposed on the then current rate for water meter charge.", "history": "(Ord. 2103 § 3, 2002; Ord. 2442 § 4, 2014)" }, { "guid": "44650269", "number": "§ 39.03.055", "title": "Lifeline low-income rate assistance program.", "text": "(a) Every qualified household shall receive a discount on their monthly utility bill equal to an amount set by resolution of the city council. The program will be limited on an annual basis to two hundred fifty households who qualify under the income eligibility requirements. Staff shall report to council the progress of enrollment if and when the program is seventy-five percent subscribed.(b) To qualify for the assistance program, a household must meet the following requirements:(1) Single-Family Customers.(A) The single-family dwelling unit must be separately metered for water usage.(B) The single-family dwelling unit must be owner occupied and the owner(s) must be the customer for the utility service.(2) Multifamily Households in Owner-Occupied Dwelling Units.(A) Multifamily dwelling unit must be owned and occupied by the qualifying multifamily household.(B) The owner-occupied multifamily dwelling unit must be within a multifamily development that is master metered. (Examples may include condominium units, or mobile or modular homes within a mobile home park.)(C) The owner/landlord of the multifamily development, who is the city's utility customer, must agree in writing (i) that the total dollar value of the rate reduction shall be passed through to the qualifying household in its entirety and (ii) to administer the lifeline discount billing and payment process in accordance with the process and procedures promulgated by the city's director of finance.(c) All applicants must submit to the city finance division proof of their eligibility in the CARE program to qualify. At their discretion, city staff may independently verify applicant(s) eligibility in the program.(d) The total combined gross annual income (based on the number of household members) of all those residing in a dwelling unit must be at or below the amount currently in use by the Pacific Gas and Electric Company California Alternative Rates for Energy (CARE) program available for residential single-family occupants.(e) Each household shall be required to re-qualify on an annual basis and shall submit the updated proof of PG&E CARE program eligibility to the city as part of the requalification.", "history": "(Ord. 2406 § 1, 2013; Ord. 2423 § 1, 2013; Ord. 2667, 10/1/2024)" }, { "guid": "44650282", "number": "§ 39.03.060", "title": "Meter—When required generally.", "text": "On or after April 1, 2006, water meters shall be required on all water service connections and for all construction water.", "history": "(Ord. 1946, 1998; Ord. 2098 § 2, 2002; Ord. 2251 § 2, 2006)" }, { "guid": "44650283", "number": "§ 39.03.070", "title": "Meters required in new construction.", "text": "All new water service connections installed after September 1, 1989, shall be metered.", "history": "(Ord. 1946, 1998)" }, { "guid": "44650284", "number": "§ 39.03.080", "title": "Meter retrofit installations.", "text": "All unmetered services shall be retrofitted by June 30, 1998.", "history": "(Ord. 1946, 1998)" }, { "guid": "44650285", "number": "§ 39.03.090", "title": "Same—Installation.", "text": "The city water department shall install, or cause to be installed, meters on all services of users where the water use is required to be metered. The cost of such installation shall be borne by the user, except in such cases where the water service was used for commercial or industrial purposes prior to August 17, 1955. In the event that a water user shall desire to have his or her water measured and billed upon the meter rates, he or she shall make written application to the director of public works therefor. If the application is approved by the director of public works, the water department shall install or cause to be installed, a water meter, and the cost of such installation shall be borne by the user. All water meters shall become the property of the city, which shall be responsible for their proper operation and maintenance.", "history": "(Code 1964 § 8-2.205)" }, { "guid": "44650286", "number": "§ 39.03.100", "title": "Same—Rates.", "text": "On and after December 1, 1998, Section 39.03.100 is hereby rescinded.", "history": "(Ord. 1946, 1998)" }, { "guid": "44650287", "number": "§ 39.03.110", "title": "Fire service—Installation and use.", "text": "Where pipes are provided and installed by the water department for private fire protection, a charge will be made for time and material. Such charge shall, wherever it shall be deemed necessary to install a proportional meter, include the cost of such meter. Such services shall be used only in case of fire. If any person shall use such fire service for other than fire purposes, the water department is hereby authorized, and it shall be the duty of the finance director to collect funds to compensate for volumes of water consumed for service other than fire, and to enforce this provision by cutting off all water from the property whereon such use occurs. When water is cut off by virtue of this provision, no further water shall be served to such property until the reconnection charge is made in accordance with Section 39.02.130 of this chapter. However, the city council may, upon application of any person aggrieved by the action of the officer of the water department hereunder remit the charge or such part thereof as may appear just.", "history": "(Code 1964 § 8-2.206; Ord. 701 § 1; Ord. 713 § 1; Ord. 959 § 1; Ord. 970 § 1; Ord. 1518 § 4)" }, { "guid": "44650288", "number": "§ 39.03.120", "title": "Service connection charge.", "text": "(a) On and after September 1, 2016, the schedule of charges for water connections shall be as follows:Meter SizeCharge3/4″$ 10,362.001″17,271.001-1/2″34,541.002″55,254.003″103,612.004″172,682.006″345,376.008″552,311.00For any meter size not reflected on the above chart, the rate would be developed using the similar methodology at the discretion of the public works director.(b) The fees provided for in subsection (a) of this section shall be paid prior to recordation of a final subdivision map, or issuance of a building permit when a subdivision map is not required unless State law requires a different time of payment.(c) Commencing July 1, 2017, and on each July 1st thereafter, the charge listed in subsection (a) of this section shall be increased or decreased by the construction cost percentage increase or decrease computed from the Engineering News Record Construction Cost Index for the San Francisco Area, or similar cost index for the twelve-month period ending on or about the preceding December 31st. The city finance director shall maintain a current schedule of rates and charges upon the yearly increase or decrease specified herein and shall make the same available to any interested party upon request.(d) The total connection charge will be based on the proposed water meter size at the time of approval of the subdivision map, or issuance of a building permit. The rate in effect at the time of city approval of the subdivision map, or issuance of a building permit will be used for final calculation with appropriate credit given for previous payments.", "history": "(Code 1964 § 8-2.208; Ord. 674 § 1; Ord. 833 § 1; Ord. 959 § 1; Ord. 970 § 1; Ord. 1527 § 1; Ord. 1601 § 1; Ord. 1641 § 1; Ord. 1705 § 1; Ord. 1744 § 1; Ord. 1795 § 1; Ord. 1841 § 1; Ord. 1925, 1998; Ord. 2313 § 1, 2008; Ord. 2337 § 2, 2009; Ord. 2361 § 2, 2010; Ord. 2390 § 2, 2012; Ord. 2485 § 1, 2016)" }, { "guid": "44650293", "number": "§ 39.03.130", "title": "Service outside of city—Consent of city council required.", "text": "No city water shall be furnished to premises outside the city without the expressed approval of the city council.", "history": "(Code 1964 § 8-2.211)" }, { "guid": "44650294", "number": "§ 39.03.140", "title": "Service outside of city—Meter required.", "text": "All water furnished to users outside the city shall be metered and the cost of the meter shall be borne by the user. The city shall accept ownership and maintenance of the meter.", "history": "(Code 1964 § 8-2.212)" }, { "guid": "44650295", "number": "§ 39.03.150", "title": "Rates for premises outside the city.", "text": "(a) The rates to be charged for city water furnished to individual premises outside the city shall be the same as those established for premises within the city.(b) In those cases where, by special agreement with the county, service is provided to areas outside the city through systems within a county service area, the rates to be charged shall be the same as city customers or as otherwise agreed to with the customer or county.", "history": "(Code 1964 § 8-2.210; Ord. 713 § 1; Ord. 833 § 1; Ord. 944 § 1; Ord. 2667, 10/1/2024)" }, { "guid": "44650299", "number": "§ 39.03.160", "title": "Stand-by service.", "text": "For premises where water other than city water is normally used, and where connection to the city water system is maintained for emergency purposes only, the minimum rate shall be the monthly minimum charge as set forth in the meter rate, except in such cases whereby the city and the user have entered into an agreement to mutually supply each other water in emergencies. In such cases, no charge for stand-by service shall be made, unless called for under the agreement.", "history": "(Code 1964 § 8-2.213)" }, { "guid": "44650300", "number": "§ 39.03.170", "title": "Construction project rate.", "text": "Water consumed on or after April 1, 2021, on any building or construction project requiring a building permit shall be metered and be paid for based on the current commercial water consumption rate for that calendar year:User ClassificationUser ClassUnit Charge March 1, 2021Unit Charge Subsequent YearsConstruction WaterCommercial$ 4.88/CCFEqual to the commercial water consumption rate for that calendar year", "history": "(Code 1964 § 8-2.214; Ord. 701 § 1; Ord. 713 § 1; Ord. 959 § 1; Ord. 970 § l; Ord. 1644 § 7; Ord. 1703 § 7; Ord. 1764 § 7; Ord. 1798 § 7; Ord. 2098 § 4, 2002; Ord. 2251 § 2, 2006; Ord. 2598 § 2, 2021)" }, { "guid": "44650301", "number": "§ 39.03.180", "title": "Charge in absence of district connection.", "text": "Whenever any city water is furnished premises, but the water is not connected to the dwelling, store or shop on the premises, the same rates shall be charged as if the water were connected directly to the dwelling, store, or shop on the premises.", "history": "(Code 1964 § 8-2.216)" }, { "guid": "44650302", "number": "§ 39.03.190", "title": "No credit, refund, etc., for vacancy.", "text": "No credit, adjustment or refund will be made to any customer because the premises or any part thereof are vacant.", "history": "(Code 1964 § 8-2.501; Ord. 663 § 3)" }, { "guid": "44650303", "number": "§ 39.03.200", "title": "Special charges.", "text": "The city council is hereby empowered to direct the director of finance to make charges for water other than or different from the rates established in this chapter, in the event that special circumstances make special charges reasonable and fair.", "history": "(Code 1964 § 8-2.503; Ord. 1133 § 1)" }, { "guid": "44650304", "number": "§ 39.03.210", "title": "Information for fixing rates required.", "text": "The director of finance may require any water user to give under oath such information as is necessary to determine the proper water rates to be made to such water user. Should such water user refuse to give such information under oath, the director of finance shall fix the rates to be charged such water user, subject to modification by the city council on application of such water user.", "history": "(Code 1964 § 8-2.217; Ord. 1133 § 1)" }, { "guid": "44650305", "number": "§ 39.03.220", "title": "Records.", "text": "The director of finance shall keep a record of all rates fixed by him or her for the purpose and use of city water under the provisions of this chapter.", "history": "(Code 1964 § 8-2.218; Ord. 1133 § 1)" }, { "guid": "44650306", "number": "§ 39.03.230", "title": "Billing procedures.", "text": "(a) For all single-family dwellings, duplexes, multiple-family units, mobile homes and other residential units, the billing shall be to the owner of the parcel as on the recorded deed, except as provided in Sections 39.02.110 and 39.02.115.(b) For commercial or industrial properties, the billing may be mailed to the person specified by the owner of the parcel, and if not specified, then to the owner of the parcel.(c) In the event more than one commercial or industrial occupant is served through a single meter, the billing shall be to the owner of the parcel.(d) In all cased not specifically provided for above, or where the billing procedure specified above proves impractical or inconvenient, as determined by the finance director, the billing shall be to the person or persons responsible for the payment of the bill, as elsewhere specified in this article.(e) The provisions of this article notwithstanding, the preexisting rates specified in advanced billings of the city finance department, mailed to customers prior to the adoption of new billing rates, shall be the effective rates for any accounts for which such advanced billings have been made.(f) The city will waive interest charges on delinquent bills once every twelve months for customers who declares to the city their household income is below two hundred percent of the federal poverty line or any member of the household is a current recipient of CalWORKS, CalFresh, general assistance, MediCal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children.", "history": "(Code 1964 § 8-2.219; Ord. 663 § 1; Ord. 833 § 3; Ord. 1053 § 2; Ord. 1518 § 6; Ord. 2574 §§ 5, 6, 2020)" }, { "guid": "44650313", "number": "§ 39.03.240", "title": "Commencement of liability for charges for new buildings.", "text": "(a) Single-family residence. Liability for charges under this article shall commence with respect to new single-family residences upon occupancy or issuance of a temporary occupancy permit by the city building official, whichever first occurs, and prior to actual occupancy, billing shall be bimonthly in advance.(b) Multiple buildings include duplexes. Liabilities for charges under this article shall commence with respect to new multiple buildings upon occupancy of any unit or the issuance of a permit for temporary occupancy of any unit by the city building official, whichever first occurs.(c) Commercial and industrial buildings. Liabilities for charges under this article shall commence with respect to new commercial and industrial buildings upon occupancy or the issuance of a permit for temporary occupancy of any unit by the city building official, whichever first occurs. At such time, the meter shall be read and billing started on a metered basis in accordance with the provisions of this article.", "history": "(Code 1964 § 8-2.303; Ord. 663 § 2; Ord. 1053 § 3; Ord. 1518 § 7)" }, { "guid": "44650317", "number": "§ 39.03.250", "title": "Liability of consumer.", "text": "Each consumer shall be liable to the city in the amounts determined by application of the rates and charges as set forth in this chapter with respect to each building, structure, premises or parcel of land owned by each consumer during any and all times that a connection into the water system owned and operated by the city is available thereto. Once liability has attached to any consumer, such consumer shall continue to be so liable until an affidavit has been delivered to the director of finance declaring that such consumer is no longer the owner of the building, structure, premises or parcel of land giving rise to such consumer's liability.", "history": "(Code 1974 § 8-2.411; Ord. 1133 § 1)" }, { "guid": "44650318", "number": "§ 39.03.260", "title": "Violations.", "text": "In addition to any other liability specified, any person who violates any section or provision of this chapter shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punished by a fine of no more than fifty dollars for a first violation; fifty dollars for a second violation of the same section within one year; and one hundred dollars for each additional violation of the same section within one year.", "history": "(Ord. 835 § 1; Ord. 1133 § 1)" }, { "guid": "44650319", "number": "§ 39.03.270", "title": "Remedies of city, penalties, etc., concerning collection of charges.", "text": "(a) The remedies provided herein shall be in addition to all other remedies authorized by law, and the enumeration of certain remedies shall not preclude the application of any other remedies not herein enumerated.(b) All bills shall become due and payable on the 28th day of each calendar month and shall become delinquent thereafter, if not paid.(c) The charge imposed by this article shall be a civil debt owing to the city from the person responsible for its payment, and the city may institute action in any court of competent jurisdiction to collect such debt, together with applicable penalties, interest, costs and other expenses.(d) The basic penalty for nonpayment of the charges within the time and in the manner prescribed herein shall be ten percent.(e) The city shall include a statement on its bill to each property owner in substantially the following form:\"Charges for water services and facilities shall constitute a lien against the lot or parcel of land against which the charge is imposed if said charges remain delinquent for 60 days.\"Pursuant to such notice, such charges shall become a lien against the lot or parcel of land against which the charges were imposed if such charges remain delinquent for a period of sixty days. The city shall cause to be recorded with the county recorder all such delinquent charges at least every six months, and when so recorded, such charges shall have the force, effect and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged.", "history": "(Ord. 1053 § 4; Ord. 1133 § 1; Ord. 1518 § 8; Ord. 2560 § 4, 2019; Ord. 2574 § 7, 2020)" }, { "guid": "44650325", "number": "§ 39.03.280", "title": "Refunds.", "text": "When any refund becomes due and owing by virtue of action of the city council or by virtue of any error made in ascertaining the charge applicable to any customer, the city's finance director is authorized to make such refund and to expend such public money from the specific fund established for the deposit of water service and use charges.", "history": "(Ord. 1053 § 4)" } ] }, { "guid": "44650326", "title": "CROSS-CONNECTION CONTROL", "number": "39.04", "url": "https://ecode360.com/44650326", "sha256": "819c7c70b501919d86afefd442aebaebc8572551d2052262705f16971ba3036a", "exportedArticleSha256": "c47e08cca05d949872349aa81fa2fa237c261de302ddd1f2ef106b6375764d1c", "sections": [ { "guid": "44650327", "number": "§ 39.04.010", "title": "Authority and purpose.", "text": "The city council shall from time to time by resolution adopt cross-connection control standards that establish the city's requirements for design, construction, installation, and maintenance of backflow prevention assemblies. The purpose of these standards is to protect the potable water supply of the city of Davis from the possibility of contaminants, pollutants, or water from unapproved sources entering the city's water distribution system through cross-connections. Any person receiving or using water from the city's water distribution system shall comply with all provisions of the city's then current cross-connection control standards, and the violation of any provision thereof shall constitute an infraction. In the event a water customer is found to be in violation of the cross-connection control standards by the director, the customer's water service may be terminated. The foregoing provisions shall be cumulative and in addition to any other remedy provided under any applicable law or regulation, including without limitation the administrative penalty provisions of Article 1.02 Administrative Citations.", "history": "(Ord. 1738 § 1; Ord. 2676, 8/19/2025)" }, { "guid": "44650333", "number": "§ 39.04.020", "title": "Definitions.", "text": "As used in this article, the following words and phrases shall have the following meanings:Approved.Accepted by the director as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.Approved testing laboratory.A person or entity that is competent and possesses the necessary facilities, as determined by the director, to investigate and evaluate backflow prevention assemblies.Auxiliary water supply.Any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another well, or \"used waters\" or \"industrial fluids.\" These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source which does not have sanitary control.AVWA backflow prevention assembly tester certification.A required backflow prevention assembly certification from the California-Nevada Section of the American Water Works Association to be certified to perform testing of backflow prevention assemblies owned by customers of the City.Backflow.The undesirable reversal of the flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply system from any source or sources other than its intended source.Backflow preventer or backflow prevention assembly.A mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected, and evaluated or, for an air-gap separation backflow prevention assembly, inspected and evaluated.Back-siphonage.The undesirable reversal of the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source, other than its intended source, caused by the sudden reduction of pressure in the potable water supply system.Contamination.An impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds, or other materials to a degree which creates an actual hazard to public health through poisoning or through the spread of disease.Cross-connection.Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or back siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross-connected to a contaminated fixture, an industrial fluid system or a potentially contaminated supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross-connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multiport tube, solid connections, etc.Customer.Any person or entity to whom water is furnished or sold from an approved public water system.Director.The department director or designee that administers the Cross Connection Control program.Hazard, criteria for evaluation of.A standard procedure and criteria for analysis of a water customer's water system encompassing the use of that water system, appurtenances connected to that system, and the potential for contamination of the public water system by the property owner's use of the private water system to evaluate the degree of hazard and to determine if backflow prevention measures are required, and, if so, the type of backflow prevention to be used.Hazard, degree of.The degree of hazard which is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.(1) Hazard, Health. Any condition, device, or practice in the water supply system and its operation which could create, or in the judgment of the director may create, a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross-connections, in a water supply system.(2) Hazard, Plumbing. A plumbing-type cross-connection in a customer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing-type cross-connections are considered to be a health hazard.(3) Hazard, Pollution. An actual or potential threat to the physical properties of the water system, or to the potability of the public or the customer's potable water system, which would constitute a nuisance, be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.(4) Hazard, System. An actual or potential threat of severe damage to the physical properties of the public potable water system or the customer's potable water system; or a similar threat of pollution or contamination which would have a protracted effect on the quality of the potable water in the system.Industrial fluids system.Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but is not limited to, the following: polluted or contaminated waters; all types of process waters and \"used waters\" originating from the public potable water system, which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling tower and/or cooling towers, which are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters from wells, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids such as those used for industrial or firefighting purposes.Pollution.The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality, so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.Water, non-potable.Water which is not safe for human consumption or which is of questionable potability.Water in lieu of water service line protection.Protection of the public water system that may be achieved through other than \"service line protection,\" and may consist of the installation of an approved backflow prevention assembly at one or more locations other than at the \"water service connection,\" or other methods or provisions that will provide adequate protection to the public water system as determined and as approved by the director.Water, potable.Any water which, according to recognized standards, is safe for human consumption.Water-purveyor.Any person, corporation, public utility, municipality, district or other agency or institution that operates a public water system.Water service connection.The terminal end of a service connection from the public potable water system, i.e., where the city loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There shall not be any unprotected takeoffs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.Water service line protection.Protection of the public water system achieved through the installation of an approved backflow prevention assembly at, or as near as is practical, at the \"water service connection\" as defined in this section.Water system.(1) The water system shall be considered to be made up of two parts: the utility system and the customer system.(2) Utility system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins.(3) The source facilities shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.(4) The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.(5) The customer system shall include those parts of the facilities beyond the termination of the utility system which are utilized in conveying utility-delivered domestic water to points of use.Water, used.Any water supplied by the city from a public potable water system to a customer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the city.", "history": "(Ord. 1738 § 1; Ord. 2676, 8/19/2025)" }, { "guid": "44650372", "number": "§ 39.04.030", "title": "Responsibility.", "text": "The director shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgment of the director, an approved backflow prevention assembly is required at the city's water service connection to any customer's premises or at other locations in the customer's water system for the safety of the public water system, the director shall give the customer notice in writing to install such an approved backflow prevention assembly at each service connection to his premises. The notice shall clearly state that: (a) the customer must apply for a permit to correct the hazard within two working days; (b) when applying for a permit, the customer may request a hearing with the director regarding the need for a cross-connection assembly on the premises; and (c) water service will be discontinued should the customer fail to apply for the permit and install the assembly(s) required by this article. The director may order immediate disconnection without prior notice whenever hazardous conditions exist justifying such action pursuant to Section 39.04.040.", "history": "(Ord. 1738 § 1; Ord. 1499 § 2; Ord. 2676, 8/19/2025; Ord. 2684, 3/3/2026)" }, { "guid": "44650373", "number": "§ 39.04.040", "title": "Requirements.", "text": "(a) Cross-Connection Protection Required.(1) No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by this article, Sections 7583 through 7605 of Title 17 of the California Code of Administrative Regulations, and other applicable state laws and regulations. The city shall discontinue service of water to any premises in the following situations: if a backflow prevention assembly required by this Code is not installed, tested and maintained; if a backflow prevention assembly has been removed or bypassed; or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.(2) The customer's system shall be open for inspection at all reasonable times to authorized representatives of the city to determine whether cross-connections or other structural or sanitary hazards, including violations of this Code and state laws and regulations, exist. When a hazardous condition becomes known, the director may deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s). Hazardous conditions which may require immediate disconnection are: (A) those situations which would require an approved air-gap or an approved reduced pressure principle assembly; and (B) those situations where a customer has previously had a hearing and/or applied for a compliance permit but has failed to comply with subsection (b) of this section.The study of cross-connection control has provided regulatory authorities with sufficient information to establish a list of those commercial, industrial, irrigation and residential premises where a potential hazard may exist. A list of commercial and industrial premises was established where the potential hazard is so great that protection of the public water system requires that these premises be isolated from the public water system by positive and reliable means. These types of situations represent conditions that are easily definable and are listed in Title 17, of the California Code of Administrative Regulations, Sections 7583 through 7605, Table I, and in the rules and regulations adopted pursuant to Section 39.04.060 of this chapter. Other situations that are not clearly definable by the characteristic of the activity, but could result in a contamination problem as a result of a particular activity or water use, shall be evaluated on a case-by-case basis. Typical situations that should be evaluated on a case-by-case basis include all types of commercial water use not specifically listed and multifamily and/or single-family residential services for which a cross-connection may exist.(3) An approved backflow prevention assembly shall be installed on each service line to a customer's water system at or near the property line, but, in all cases, before the first branch line leading off the service line, wherever the following conditions exist:(A) In the case of premises having an auxiliary water supply which is not, or may not be, of safe bacteriological or chemical quality and which is not acceptable as an additional source by the director, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard.(B) In the case of premises on which any industrial fluids or any other substances are handled in such a fashion as to create an actual or potential hazard to the public water system, the system shall be protected by an approved reduced pressure principle assembly at the service connection.(C) In the case of premises having: (i) internal cross-connections that cannot be permanently corrected and controlled; and (ii) intricate plumbing and piping arrangements; or (iii) systems where entry to all portions of the premises are not readily accessible for inspection purposes, so that it is impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved reduced pressure principle backflow prevention assembly at the service connection.(D) New commercial/industrial shell buildings with unknown future uses shall leave sufficient space (one foot per inch of service, plus one foot) after the meter box for possible future installation of an approved back-flow prevention assembly.(4) The type of approved backflow prevention assembly required under subsection (a)(3)(A) or (B) shall depend upon the degree of hazard which exists as follows:(A) In the case of any premises where there is an auxiliary water supply, as stated in subsection (a)(3)(A) of this section, which is not covered by subsections (a)(3)(B) through (G) which follow, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly.(B) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.(C) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.(D) In the case of any premises where there are \"uncontrolled\" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly at the service connection.(E) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impracticable to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention assembly at the service connection. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed at each service connection to the premises.(F) In the case of premises with cross-connections to sewage lines, pumps, flushers, etc., the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. Examples include sewage treatment plants and pumping stations.(G) In the case of tanker and spray tanks, an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly is required.(5) Cross-connection control devices (backflow prevention assemblies) may be installed at locations other than at the water service connection if the alternative location(s) provide adequate protection to the public water system as determined by the director. Installation of devices at alternative locations require written approval of the director and shall be approved only after a thorough site investigation and consideration of alternatives.(6) Any backflow prevention assembly required herein shall be of a model and size approved by the director. The term \"approved backflow prevention assembly\" means a device which has been manufactured in full conformance with the standards established by the American Water Works Association entitled: AWWA/ANSI C511-92 Standards for Reduced Pressure Principle and C511-91 for Double Check Valve Backflow Prevention Assemblies; and which has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California. The AWWA and FCCC&HR standards and specifications have been adopted by the city. Final approval shall be evidenced by a \"certificate of approval\" issued by a recognized testing laboratory certifying full compliance with said AWWA standards and FCCC&HR specifications.(7) The customer at any premises where backflow prevention assemblies are installed shall have certified inspections and operational tests performed by a certified tester, as defined by Section 39.04.060, at least once per year. In those instances where the director deems the hazard to be severe, certified inspections and testing may be required at more frequent intervals. Back-flow prevention assemblies shall be repaired, overhauled or replaced at the customer's expense whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and a certified report must be forwarded to the director within two weeks of completion of the test, repair or overhaul.(8) All presently installed backflow prevention assemblies which do not meet the requirements of this section but are still functioning properly, testable, repair parts still available, and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsection (a)(7) of this section, be excluded from the requirements of these rules so long as the director is assured that they will satisfactorily protect the utility system. Whenever the existing device is removed from the present location, requires more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention assembly meeting the requirements of this section.(9) Should a water consumer wish the removal of an existing backflow prevention device, said customer may submit a written request to the director for re-evaluation of potential hazards and/or recommendations for in-lieu of water service line protection. Within thirty days from receipt of the written request, the director will have scheduled an on-site inspection of the premises with a written report of findings to the consumer issued shortly thereafter. Should the consumer disagree with the findings of the director, an appeal may be filed with the backflow prevention advisory panel.(b) Compliance Schedules.(1) After written notification of a backflow/back-siphonage hazard pursuant to Section 39.04.020 of this article, the customer shall apply within two working days for a permit to correct the hazard. The compliance permit shall specify a maximum allowable time period for installation by the customer and satisfactory testing of the specified backflow prevention assembly. The customer shall pay the applicable permit fee.(2) Should the consumer dispute the existence of a backflow/back-siphonage hazard requiring either the installation of a backflow prevention assembly under this article or other means of mitigation of the hazard, the water consumer may request a hearing with the director. This request shall be made at the time of application for the compliance permit. The hearing with the director shall be held as soon as possible within the period of time specified on the permit for installation and inspection of the assembly or for correction of the condition. lf the director determines that the assembly is not required under this article, the permit fee shall be refunded to the consumer, but if a determination is made that the assembly is required or if other means of mitigating the hazards are required, installation of the assembly or other means of correction shall proceed in accordance with the compliance permit.(3) Should the director order immediate disconnection without prior notice pursuant to subsection (a)(2) of this section, the customer shall be given notice in writing as soon as possible. The notice shall clearly state: (A) the reason for the disconnection under this article; (B) the steps the customer must take under this article in order to have water service restored, and (C) the opportunity for a hearing on the matter with the city manager.(4) Failure to comply with the procedures specified in subsections (b)(1), (2), and (3) of this section within the time limits stated, or any customer who violates any of the provisions of this article, or later bypasses or renders inoperative any backflow prevention assembly installed under the provisions of this article will result in discontinuance of water service without prior written notice. Water service shall not again be rendered until such violations have been corrected as ascertained by the director and after payment of applicable permit and connection fees. Any violation of the provisions of this article or rules and regulations promulgated thereof, shall be a misdemeanor punishable as all misdemeanors are punishable under state law. Each day that a violation exists shall constitute a separate and distinct offense.", "history": "(Ord. 1738 § 1; Ord. 2634 § 15, 2022; Ord. 2676, 8/19/2025)" }, { "guid": "44650400", "number": "§ 39.04.050", "title": "Backflow prevention assembly testers.", "text": "(a) Application for Certification. Any person desiring certification as a backflow prevention assembly must complete the backflow prevention assembly tester application. Each application shall be accompanied by a fee, in an amount to be set by resolution of the city council. Said fee shall not be refundable or transferable.(b) Certification of Testers. Testers must register for an account with the City of Davis' third-party backflow testing portal.(c) Certification Renewal. Testers must renew their application annually. Each application shall be accompanied by a fee, in an amount to be set by resolution of the city council. Said fee shall not be refundable or transferable. Approved application along with other required documents must be submitted to the City of Davis' third-party backflow testing portal.(d) Certification Suspension or Revocation.(1) If the cross-connection control coordinator determines that a certified tester has failed to comply with any requirement of this article, the tester will be suspended from the City of Davis' third-party backflow testing portal.", "history": "(Ord. 1738 § 1; Ord. 1499 § 2; Ord. 2634 § 15, 2022; Ord. 2676, 8/19/2025)" }, { "guid": "44650409", "number": "§ 39.04.060", "title": "Rules and regulations.", "text": "The director is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this article. All such rules and regulations shall be consistent with the provisions of this article and shall be effective thirty days after being filed with the city clerk.", "history": "(Ord. 1738 § 1; Ord. 1499 § 2; Ord. 2634 § 15, 2022; Ord. 2676, 8/19/2025)" } ] }, { "guid": "44650410", "title": "GROUNDWATER WELLS", "number": "39.05", "url": "https://ecode360.com/44650410", "sha256": "898d02f8080c05b6d23529becc97110bfd264bc22b4897c9161f6f0f4da7acee", "exportedArticleSha256": "ca666a4bbf7434cf07aa602fe7a111ba4741e13efa4bdbbdd5da5c1392e6483c", "sections": [ { "guid": "44650411", "number": "§ 39.05.010", "title": "Authority.", "text": "This chapter is hereby enacted pursuant to the provisions of the following laws:(a) The State Constitution, Article II, Section 7;(b) The Porter-Cologne Water Quality Control Act (Sections 13000 et seq., of the Water Code of the state); and(c) California Water Code Section 13801, as requiring special groundwater protection with the intent of minimizing the impacts and preventing the migration of harmful chemicals into aquifers used by the city.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650415", "number": "§ 39.05.020", "title": "Purpose.", "text": "The city relies on groundwater as its sole source of supply for public drinking water. Protection of the quality of groundwater is essential to ensure future prosperity and health. The purpose of this chapter is to provide standards for the location, construction, maintenance, rehabilitation, sealing, abandonment and destruction of all wells so the quality of the groundwater is not polluted, contaminated or otherwise impacted in a manner which will jeopardize the health, safety or welfare of the citizens of the city. The intent of these standards is to prevent mixing or transfer of degraded groundwaters into aquifers of good quality water through wells or open borings.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650416", "number": "§ 39.05.030", "title": "Definitions for the purpose of this chapter.", "text": "As used in this chapter:Abandoned wellmeans any existing well that has not been used for a period of one year, unless the owner can demonstrate his intention to use the well again for supplying water or another associated purpose within the ensuing six-month period.Abatementmeans the reconstruction, repair or destruction of a well, test well, or exploratory hole so as to eliminate a public nuisance.Cathodic protection wellmeans any well constructed for the purpose of installing facilities to electrically protect metal in contact with the ground.Citymeans the City of Davis.Closed-loop/geothermal heat pump systemsmeans any bore hole constructed for the purpose of creating and/or transferring thermal energy as cited in the latest version of the Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards Manual (Oklahoma State University).Directormeans the public works director of the City of Davis.Exploratory holemeans a temporary artificial excavation, hole or opening created by any means for the purpose of identifying or collecting information on the nature of the subsurface but which is greater than twenty feet for the purposes of this chapter.Inspectormeans a person designated by the public works director and authorized to ensure the provisions of this chapter are enforced.Monitoring wellmeans any well constructed to monitor or sample groundwater conditions, such as for water quality or water elevation.Permitteemeans any person, association, firm, corporation, special district or public agency.Public nuisancemeans any well or condition that impairs or threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.Test holemeans any bore hole drilled for the purpose of obtaining information needed to design a well. A test hole may be cased and can be converted to an observation, monitoring or production well.Water wellmeans any well developed to produce water for drinking, commercial or industrial, irrigation or recreational surface water feature purposes.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650430", "number": "§ 39.05.040", "title": "Applicability.", "text": "The standards set forth in this chapter shall apply to all new and existing water wells, cathodic protection wells, heat-pump wells, test or exploratory borings, or any other nonmonitoring type of well within the jurisdictional boundaries of the city. Monitoring wells shall remain under full jurisdiction of the \"Water Quality Law of the County of Yolo\" (Chapter 8, Section 6-8 of County Code).", "history": "(Ord. 1812 § 1)" }, { "guid": "44650431", "number": "§ 39.05.050", "title": "Implementation standards.", "text": "(a) Implementation, performance of inspections, and enforcement of compliance with this chapter shall be the responsibility of the director or designee.(b) All existing well owners shall be exempt from all city well fees if the initial well permit is issued within one year after adoption of the ordinance codified in this article. Thereafter, the owner shall be responsible for paying fees in accordance with this chapter.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650434", "number": "§ 39.05.060", "title": "Permit application and procedures.", "text": "(a) Permits required by this chapter shall be subject to conditions set forth in the chapter or as required by law.(b) No person shall construct, rehabilitate, seal, modify or destroy a production well, test well or exploratory hole in the city unless all necessary written permits have been obtained from the county department of health services and city.(c) Applications for permits shall be made by completing a well permit application and filing same with the department of public works prior to construction of any well. Complete drawings and specifications for any proposed work shall accompany the well permit and shall be of sufficient detail to demonstrate compliance with all standards.(d) A permit to construct, rehabilitate, seal, modify or destroy a well, test well or exploratory boring may be denied by the director if such activities may cause or threaten to cause the spread of pollution which adversely impacts the quality of the groundwater.(e) Any person who commences any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.(f) A permit shall not be necessary for emergency work required to maintain a drinking water supply system.(g) Existing water production wells that are permitted by the Yolo County department of environmental health shall be exempted from the bi-annual well inspection permit.(h) New well construction, modification or destruction of wells permitted by the Yolo County department of environmental health require an appropriate city permit.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650443", "number": "§ 39.05.070", "title": "Fees.", "text": "The following fee schedule shown in Table A is hereby established to cover the administrative costs of issuing a well construction permit, including plan check and inspection related to well construction, and biannual inspection of wells to ensure safe operation.Table A—Well Permit FeesTypeAmountWell construction fee$ 177.00Bi-annual well inspection fee$ 25.00Well destruction permitNo cost", "history": "(Ord. 1812 § 1)" }, { "guid": "44650444", "number": "§ 39.05.080", "title": "Inspections.", "text": "(a) A well site and surrounding property must be inspected by the director or designee: (1) before the construction, rehabilitation, or destruction of any well, test well or exploratory hole; (2) while the annular seal is being constructed; (3) during the placement of grout while a well is being destroyed; and (4) at any other time during the work authorized under a permit issued pursuant to this chapter to ensure that compliance with the permit and all applicable standards are met.(b) Upon completion of the work authorized by a permit and before the well is placed in service, or upon destruction of a well or test hole, the director or his designee must make an inspection and approve the work.(c) A permittee or the drilling contractor must make a request for an inspection at least twenty-four hours (one full regular city work day) in advance of when the inspection is needed.(d) Well inspections for bi-annual renewal of such permits shall include, but not be limited to, the following:(1) Operational integrity of pump, pump pedestal, and motor equipment;(2) Condition of the area in the vicinity of the well related to public safety, storage of chemicals or related supplies on site; and(3) Related items influencing safe and efficient operation of the well.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650452", "number": "§ 39.05.090", "title": "Terms of the permit.", "text": "(a) Work authorized by a permit pursuant to this chapter shall begin within ninety days from the date of issuance. The permit authorizes work for a period of one year from the date of issuance or as otherwise stated on the permit.(b) If work has not begun within ninety days or completed within one year, or within the time interval specified on the permit, from the date of issuance, the permit shall be void. A sixty-day extension of the permit may be granted by the director upon written request from the permittee. Upon the expiration of the extension, no further work shall be permitted unless and until a new permit is issued.(c) It shall be the responsibility of the drilling contractor to file the permit and ensure that a copy of the permit is posted at the work site.(d) The contractor or owner shall notify the director at least twenty-four hours prior to the commencement of work.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650457", "number": "§ 39.05.100", "title": "Exemptions.", "text": "(a) If compliance with any of the requirements prescribed in this chapter is impractical for a particular location because of unusual conditions, or if compliance would result in construction of an unsatisfactory well, then the director may, upon written request from the well owner or permittee, waive compliance and prescribe alternative requirements which are equal to these standards in protection of groundwater quality. Specific conditions or exemptions will be described as a variance on the permit.(b) The construction, maintenance, rehabilitation, modification, and destruction of monitoring wells may be performed under the statutory and regulatory requirements of the California Regional Water Quality Control Board, the State Department of Health Services, the Yolo County department of environmental health, or the U.S. Environmental Protection Agency. If, on a specific site, provisions in this article are in conflict with the investigation or mitigation requirements prescribed by these agencies, then the director may, upon written request from the well owner or permittee, waive compliance.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650460", "number": "§ 39.05.110", "title": "Exclusions.", "text": "(a) The construction standards prescribed in Section 39.05.160 do not apply to shallow exploration borings or test holes unless one or more of the following occurs:(1) Groundwater is encountered; or(2) Pollution or contamination of the soil or groundwater is known or suspected at the site of drilling.(b) All other sections of this chapter shall apply to all wells, test holes and those exploratory borings of a depth greater than twenty feet.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650465", "number": "§ 39.05.120", "title": "Well drillers.", "text": "The construction, rehabilitation, modification, or destruction of all wells shall be performed by contractors with a valid C-57 license in accordance with the provisions of the Contractors' License Law (Chapter 9 of Division 3 of the California Business and Professions Code) unless exempted by that act. Nothing in this chapter shall preclude a resident or owner from doing his own work provided such work is performed under the direct and continuous supervision of a person licensed as specified above.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650466", "number": "§ 39.05.130", "title": "Liability.", "text": "As a condition of all permits, the permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or agent under a permit, or resulting from the failure of the permittee to perform his obligation under a permit. If any claim of such liability is made against the city, its officers, employees, or agents, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claims.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650467", "number": "§ 39.05.140", "title": "Enforcement.", "text": "(a) If a well, test hole, or exploratory hole subject to this chapter is found to be a public nuisance because of construction, operation, or maintenance in a manner contrary to the terms of this chapter, or a permit issued pursuant to this chapter, the director shall give written notice of violation to the owner of the land and to the permittee.(b) The notice of violation shall state the nature of the violation, the corrective measures to be taken, and a reasonable time within which such corrections must be made.(c) The notice of violation shall include a statement to the landowner, well owner, or permittee that upon failure to make the required corrections within the period specified, the director may abate the condition at the expense of the landowner, well owner, or permittee.(d) If the director finds that a well, test hole, or exploratory hole subject to this chapter is by reason of location, construction, operation, or maintenance causing significant irreparable damage to the groundwater or presents an immediate danger to health and safety, or that it is impractical to notify the owner or permittee, the director may perform, or order performed, emergency work necessary to abate the condition without giving notice as required above. The owner or permittee shall be liable for the costs of abatement.(e) The director may record a notice of violation with the office of the county recorder.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650473", "number": "§ 39.05.150", "title": "Review of permits and inspections.", "text": "(a) Any person aggrieved by the refusal to issue a permit, the terms of the permit, or any decision made by the director or his designee may, upon written request submitted within ten days of any such denial, conditional granting, or other decision, have the matter reviewed by the director.(b) Upon receipt of written request for review, the director shall schedule the matter for review within three weeks and give the applicant at least ten days' written notice of the time and place of the review, unless the applicant agrees to a lesser time.(c) The director shall notify the person requesting the review of his decision in writing within two weeks following the review.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650477", "number": "§ 39.05.160", "title": "New well construction standards.", "text": "(a) Well location.(1) Separation between a water well and any well which has no upper annular seal or sanitary seal shall be at least three hundred feet.(2) No well shall be located closer to a potential source of pollution than the distance listed below in Table B. When, in the opinion of the director, adverse conditions or unusual sources of pollution exist which may cause degradation of water quality, distances prescribed in Table B may be extended by the director.Table B—Distance Between a Well and Potential Sources of PollutionSourceMinimum DistanceSewer main or service100 feetWatertight septic tank100 feetSubsurface sewage leaching field100 feetCesspool or seepage pit150 feetAnimal or fowl enclosure150 feetHazardous waste/materials storage500 feetUnderground storage tanks300 feet(b) Well sealing.(1) Sealing conditions and procedures prescribed in Sections 9 and 13 of DWR Bulletin 74-81 as revised in 1988 or the latest revision, Section 11 of DWR Bulletin 74-88, and Sections 10 and 11 of DWR 74-81 as reviewed in 1988 or the latest revisions, are considered standards for this chapter, except as provided below.(2) A well shall be sealed with a sealing material in a manner that prevents bridging, dilution, or segregation of the grout which would prevent the material from completely filling the annular space. The suggested methods for sealing given in Appendix B of DWR Bulletin 74-81 or latest revision are the minimum standards for this chapter. Other methods of sealing the annular space may be approved upon written review by the director after reviewing a written request by the owner for an alternative method.(3) Sealing material shall be of a composition equivalent to those given in Section 9 of DWR Bulletin 74-81 as reviewed in 1988, or the latest revisions and Section 11 of DWR Bulletin 74-88 or the latest revisions.(4) Wells shall be constructed so the annular space is effectively sealed at the surface to protect against contamination or pollution by entrance of surface or shallow subsurface waters. At a minimum, new wells shall be sealed from the surface in accordance with the following Table C.Table C—Minimum Depth of Surface SealWater well200 feet or to top of first water bearing strata tapped, whichever is greaterCathodic protection well50 feet or to top of first water bearing strata tapped, whichever is greaterClosed-loop heat pumpEqual to bore depth(5) When special conditions exist, such as known pollution, the director may prescribe additional sealing standards to prevent the migration of pollution.(c) Casing materials.(1) All new and rehabilitated wells shall be constructed with casing materials which have sufficient strength and durability to resist the forces imposed on it during installation, including grouting and development, and which will provide structural integrity against forces which can normally be expected after installation. No thermoset or thermoplastic casing greater than eight inches in nominal diameter will be allowed below a minimum depth of two hundred feet or to the top of the first water bearing strata tapped, whichever is greater.(2) Casing material and thickness of material shall be selected in accordance with good design practices. Materials selected for the well casing shall be of a strength and durability that meets the specifications prescribed in Section 12 of Chapter II of DWR Bulletin 74-81 as revised in 1988 or the latest revision, or Section 9 of Chapter II of DWR Bulletin 74-88 or the latest revision.(d) Surface construction.(1) All pumping equipment shall be installed with protective devices to effectively prevent entrance of foreign matter or back siphonage into the well casing.(2) A concrete slab or base shall be constructed around the top of all water wells. The top of the floor slab shall be sloped away from the casing. The floor slab shall be a minimum of six inches thick with the outer edge of the slab at least four inches above and at least two inches below the ground surface. The surface slab shall be tied to the well's annular surface seal.(3) All water wells shall have a greaseless petcock valve with the spout facing down on the discharge line before the storage tank for obtaining water quality samples.(4) Any well terminating above the ground surface in areas where vehicular traffic can occur must be identified and protected such that the well can easily be seen and protected from damage.(5) Where the top of a monitoring or cathodic protection well must be below the ground surface, a concrete or other water tight vault must be installed. The vault and its lid must be strong enough to support vehicular traffic. The top of the vault should be set so drainage is away from the vault. The well must be capped with a leakproof cap so water in the vault will not enter the well. The vault cover or lid must be leakproof.(6) A metering device measuring the volume of water pumped for consumption purposes shall be installed and meet AWWA meter standards regarding accuracy and measurement capability.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650497", "number": "§ 39.05.170", "title": "Well abandonment and destruction.", "text": "(a) All abandoned wells, exploration holes or test holes, as defined by DWR Bulletin 74-81 as revised in 1988 or the latest revision, shall be destroyed in such a manner that they will not produce water or act as a conduit for mixing or otherwise transferring of water between permeable zones or aquifers, and will not be a hazard to the safety and well being of people or animals.(b) Materials used to fill a well shall have a low permeability. Materials shall meet the material standards prescribed in DWR Bulletin 74-81, as revised in 1988 or the latest revision.(c) Wells without an upper annular seal equal to or greater than that set forth in Table B shall perforate the casing at a depth equal to Table C and inject sealing material under pressure into the annular space.(d) In areas where groundwater pollution is known, the director may prescribe special methods for well destruction to prevent the migration of pollutants.(e) Any well, exploratory hole or test hole which is abandoned, out of service, or otherwise left unattended shall have a temporary cover over the well or hole opening which prevents the introduction of undesirable material into the well or hole, and ensures public safety. The cover shall be secured in such a manner that it cannot be removed except with the aid of equipment or through the use of tools.(f) The owner or permittee of any well, exploratory hole or test hole which is abandoned, out of service, or otherwise left unattended for a period greater than ninety days shall file with the director a letter of intent which provides the reason(s) for not properly destroying the well, exploratory hole or test hole as required by this chapter and which specifies the time when the well, exploratory hole or test hole will be completed, put back in service, or destroyed as required in this chapter.", "history": "(Ord. 1812 § 1)" }, { "guid": "44650504", "number": "§ 39.05.180", "title": "Violations.", "text": "Any person in violation of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail of Yolo County for a period not exceeding six months, or by both fine and imprisonment.", "history": "(Ord. 1812 § 1; Ord. 2390 § 46, 2012)" } ] }, { "guid": "44650505", "title": "GROUNDWATER EXTRACTION AND EXPORTATION.", "number": "39.06", "url": "https://ecode360.com/44650505", "sha256": "cb620173065ceafce6646fd508cc804d977ec29c58297e39f6d0d08236e92626", "exportedArticleSha256": "df662aa960722b31f2b924c4e96284b45a5f083e3733b5280dd5d550779bb4d2", "sections": [ { "guid": "44650506", "number": "§ 39.06.010", "title": "Adoption by reference of Yolo County Ordinance 1195 regarding the extraction and exportation of groundwater from Yolo County.", "text": "Yolo County Ordinance 1195 (an ordinance adding Chapter 7 to Title 10 of the Yolo County Code regarding the extraction and exportation of groundwater from Yolo County), copies of which are on file in the office of the city clerk, is hereby adopted by reference. Said ordinance shall regulate the extraction of water with the city for exportation from Yolo County.", "history": "(Ord. 1932 § 1)" }, { "guid": "44650507", "number": "§ 39.06.020", "title": "Civil penalties.", "text": "Yolo County may elect to proceed with a civil action against a violator, including injunctive relief. Any person or entity who violates this article shall be subject to fines of up to five thousand dollars per separate violation. A person shall be deemed to have committed separate violations for each and every day or portion thereof during which any such violation is committed, continued, or permitted as well as for each and every separate groundwater well with which any such violation is committed, continued, or permitted.", "history": "(Ord. 1932 § 1)" } ] }, { "guid": "44650508", "title": "PARTICIPATION IN THE DAVIS WOODLAND SURFACE WATER SUPPLY PROJECT", "number": "39.10", "url": "https://ecode360.com/44650508", "sha256": "bf515fd0b7bfb4e1d8dcfb9245feab65ab5bc3c368a4460efcba48de32473ce7", "exportedArticleSha256": "194f52884ebb354d12e56c9b8d219e0e416ca0e29d3c1857f6492ece127eb277", "sections": [ { "guid": "44650509", "number": "§ 39.10.010", "title": "Woodland Davis Clean Water Agency, Davis Woodland Water Supply Project.", "text": "The City of Davis is hereby granted permission to proceed with all steps necessary to participate in the Woodland Davis Clean Water Agency Davis Woodland Water Supply Project. As the city pursues participation in the Davis Woodland Water Supply Project, the city council shall carefully evaluate all options related to the project and shall take into consideration factors including, but not limited to, sizing of the project, the capacity designated for the City of Davis, comparative costs, sharing of costs, efforts to reduce costs where feasible, project partners, and timing in implementing the city's participation in this project. The city council, after a noticed public hearing, may determine to amend or modify the city's participation in the project or may determine not to move forward with the project if the city council determines that the costs of the project are not in the best interests of the city's residents and rate payers.", "history": "(Ord. 2399 § 1, 2012)" }, { "guid": "44650510", "number": "§ 39.10.020", "title": "High demand times.", "text": "In approving this article, the city council and the people of the City of Davis understand that the city will continue to use groundwater as necessary or convenient to the operation of the water system such as when demand for water cannot be met with the surface water supply, such as during the summer months.", "history": "(Ord. 2399 § 1, 2012)" }, { "guid": "44650511", "number": "§ 39.10.030", "title": "Water rates.", "text": "Implementation of this article and participation in the Davis Woodland Surface Water Supply Project is contingent on increases in customer water rates. While the city is actively seeking ways to reduce the cost of providing surface water to city water customers, water rate increases are necessary to fund the project. Water rate changes will be proposed, considered and acted upon under the then current law in effect at the time the water rates are proposed. Currently, water rates are subject to Article 13D of the California Constitution, commonly known as Proposition 218, including its notice, hearing and protest requirements. If the city receives a majority protest pursuant to Proposition 218 and cannot increase water rates in a manner sufficient to fund the project, the city will not move forward with a surface water project unless, and until, the city is able to increase water rates and water system revenues sufficient to meet project costs.", "history": "(Ord. 2399 § 1, 2012)" } ] }, { "guid": "44650521", "title": "IN GENERAL", "number": "40.01", "url": "https://ecode360.com/44650521", "sha256": "9a59d148902fe95b66545ca45010d617556ca6b2617c5983b97a3905ea195ae0", "exportedArticleSha256": "aa9543de06e7842be017558a0aaee46c2086cc22e9a967376fb5abc28d7b5a10", "sections": [ { "guid": "44650522", "number": "§ 40.01.010", "title": "Definitions.", "text": "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:Abutting.Land having a common property line or zoning district line or separated only by a private street, alley or easement.Accessory building or structure.A structure detached from a primary building located on the same lot and incidental to and subordinate to the principal building or use, including, but not limited to, garages, carports, storage sheds, gazebos, and guest houses. An accessory dwelling unit is not an accessory building or structure and is subject to separate regulations found in Sections 40.26.450 and 40.26.460.Accessory dwelling unit (ADU)has the meaning set forth in Government Code Section 66313(a) and means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit includes the following: an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.Accessory dwelling unit, junior (JADU)has the meaning set forth in Government Code Section 66313(d) and means a residential dwelling unit that is no more than five hundred square feet of interior livable space and is contained entirely within a single-family residence, which shall include an attached garage. A JADU shall include an efficiency kitchen, and may include separate bathroom facilities or share bathroom facilities with the single-family residence.Accessory use.A use subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use.Administrative office.An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments and the keeping of records and accounts pertaining to the particular business.Agent of owner.Any person who can show certified written proof that he is acting for the property owner.Agriculture.The use of the land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry and the necessary accessory uses for storing produce; provided, that the operation of any such accessory use shall be secondary to that of normal agricultural activities; and provided further, that the above uses shall not include stockyards or the commercial feeding of garbage or offal to swine or other animals.Alley or lane.A public or private way not more than thirty feet wide affording only secondary means of access to abutting property.Antenna, antenna-amateur radio, antenna array, antenna-building mounted, antenna-roof mounted, antenna-flush mounted, antenna-direct broadcast satellite service (DBS), antenna-directional (also known as panel antenna), antenna-ground mounted, antenna-multipoint distribution services (MDS), antenna-portable, antenna-satellite earth station (SES), antenna-television broadcast service (TVBS), antenna-radio antennas, and all other antennas.As defined in Article 40.29.030.Arbor.A detached or attached archway or bower, not fully enclosed on the sides, intended for the use of supporting vines or climbing plants and/or for architectural interest.Arcade.A continuous area or covered passageway at ground level opening to a street or plaza. It may be lined with shops or other buildings, providing such adjacent buildings meet all fire codes. Such space may provide access between the street and mid-block pedestrian passageways. It should be unobstructed to a height not less than twelve feet, and accessible to the public at all times. Any portion of an arcade occupied by building columns, landscapings, or art works shall be considered to be part of the arcade for purposes of computing floor area ratio bonuses.Arcade (frontage type).The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way.Architectural features.Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fixtures, canopies, and balconies.Atrium/courtyard.An outdoor area attached to a dwelling, enclosed on all sides by walls and open to the sky.Attached ADU.An ADU that shares at least one common wall with the primary dwelling.Attic.That part of a building that is immediately below and wholly or partly within the roof framing, as depicted in Figure 1 of Ordinance 1786, on file in the city clerk's office. When an attic is converted into a dwelling space, it shall be counted as a story.Automobile repair, major.General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair, overall painting or paint shop.Automobile repair, minor.Upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under \"automobile repair, major,\" or any other similar thereto.Automobile service station or filling station.A place which provides for the servicing, washing and fueling of operating motor vehicles, including minor repairs and the sale of merchandise and supplies incidental thereto; provided, that the washing to automobiles shall be permitted only when no conveyor, blower or steam cleaning device is involved.Automobile or trailer sales area.An open area, other than a street, used for display, sale or rental of new or used motor vehicles or trailers and where no repair work is done.Automobile wrecking.The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.Balconies.A platform, enclosed by a parapet or a railing, projecting from an exterior wall of a building.Basement/cellar.A space having a floor-to-ceiling height of less than or equal to eight feet with four or more feet of its floor-to-ceiling height below natural grade, excluding height and area for raised floor construction. Any basement/cellar with more than four feet of its floor-to-ceiling height above natural grade shall be counted as a story. See Figure 2 of Ordinance 1786, on file in the city clerk's office, for drawing.Bay window.A window that projects from the building facade or elevation that begins on the ground floor and can extend to upper floors.Bedroom.Any room in a dwelling unit used or intended or designed to be used for sleeping purposes with no less than seventy square feet of floor area and no dimension less than seven feet other than bathroom(s), kitchen, living, dining, family or any other room that meets the definition of a den.Beginning of construction.The incorporation of labor and material within the foundation of the building or buildings.Billboard or signboard.A sign or sign structure not devoted to the use of property, any structure or portion thereof situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any structure or portion thereof the area of which is devoted to any advertising purpose. This definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcement of meetings to be held on premises wherein such bulletin boards are permitted and located, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands, nor shall it include temporary \"open house\" real estate signs placed on private premises in compliance with this chapter.Billiards/pool hall.A building, structure or portion thereof in which is located one or more tables designed or used for play of the game of billiards, pool, snooker, bumper pool or similar games. The term billiards/pool hall shall not include any residential dwelling unit which contains a table for the play of billiards, pool, snooker, bumper pool or similar games, and apartment complexes and/or mobile home parks which have such games in their recreation room, and for which no pecuniary compensation is required or given for such play, or youth serving agencies or facilities that offer billiards/pool as a form of recreation without charge and under supervision.Block face.The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.Block form building.A building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.Block length.The horizontal distance measured from one end of the block to the other end along the same street.Block perimeter.The aggregate of all sides of a block measured along the adjacent streets.Board.The board of zoning adjustments of the city.Boarding house.A commercial residential use of a dwelling unit based on an agreed payment of a fixed amount of money, or money's worth, in exchange for residential use for a fixed period of time.Breezeway.A sheltered or covered walkway or path, intended to provide shade and/or protection from inclement weather, which is not enclosed on the sides except for any required roof supports. A patio or similar structure shall not be considered a breezeway. For the purposes of this section, the primary function of a breezeway is to allow circulation from one structure (accessory or primary) to another.Buildable area.The area in which a building is permitted to be constructed.Building.Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum sideyard requirements as provided in this chapter. Building shall include structure.Building elevation/facade.The exterior wall of a building not adjacent to a street, the front or side along a private street, or civic space.Building entrance.A point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.Building form.The overall shape and dimensions of a building.Building frontage.The length of the building site line of any one premises parallel to and along each street and/or open space which it borders.Building height.The vertical distance from the average contact ground level at the front wall of the building to the highest point of the structure, excluding vents and fireplaces.Building line.A line parallel to the front line and the street lot line, and at a distance therefrom equal to the required depths of front and street side yards, and extending across the full widths of these yards.Building, main.A building in which is conducted the principal use of the lot on which it is situated.Building setback line.Same as building line.Building site (syn: lot).The individual site area required to place one building in compliance with the required setbacks. One lot or parcel may accommodate more than one building site.Building site depth.The horizontal distance between the front site line and rear site line of a site measured perpendicular to the front site line.Building site line.The perimeter and geometry of a parcel of property demarcating one building site from another.Building site line, front.One of the following:(1) The frontage line in the case of a building site having a single frontage line;(2) The shortest frontage line in the case of a corner building site with two frontage lines, neither of which are adjacent to a thoroughfare;(3) The frontage line generally perceived to be the front building site line in the case of a corner building site with three or more frontage lines, none of which are adjacent to a thoroughfare;(4) The frontage line adjacent to a thoroughfare in the case of a corner building site with two or more frontage lines, one of which is adjacent to a thoroughfare; or(5) The frontage line adjacent to the front building site line of an adjacent building site in the case of a through site.Building site line, rear.The building site line opposite the front building site line.Building site line, side.Site lines connecting the front and rear site lines.Building site width.The horizontal distance between the building site lines measured parallel to the front site line.Building type.A structure defined by its combination of configuration, disposition and function.Cardrooms.As defined in Chapter 8A of the City of Davis Municipal Code.Carport.A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all of the regulations prescribed in this chapter for a private garage.Carshare parking space.A parking space required to be dedicated for current or future use by a carshare service through a deed restriction, condition of approval, or license agreement. Such deed restriction, condition of approval, or license agreement shall grant priority use to any carshare service that can make use of the space, although such spaces may be occupied by other vehicles so long as no carshare organization can make use of the dedicated carshare space(s).Carshare service.A service that provides a network of motor vehicles available to rent by members by reservation on an hourly basis, or in smaller intervals.Ceiling height, ground floor.The height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.Ceiling height, upper floor(s).The height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.Center.Concentration of ground floor retail, restaurants, and services, with additional offices and housing located above, within a walkable urban context.Center line of street.That line designated as such in any street in the city engineer's records, or so designated by the city engineer.Chamfered corner.An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, forty-five-degree angle creating a beveled edge to the building rather than a ninety-degree corner.Civic.A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.Civic building.A structure operated by governmental or not-for-profit organizations and limited to civic and related uses.Civic space.Land that is improved for civic gathering purposes and is located solely in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637). These spaces are publicly-owned and used by the public and non-profits for community events or for outdoor dining by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Civic spaces typically include characteristics of a public realm throughfare and open space areas. They are designated as a both a park and open space in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637).Club.An association of persons for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Includes social organizations, lodges and fraternal organizations where the associated building or use is not for residence purposes.Co-location.As defined in Section 40.29.030.Combining district.A district within which certain regulations and requirements apply in addition to, and are combined with, regulations and requirements of another district.Commercial.A term defining service and retail uses collectively.Commercial residential use.Any residential use in which a lessor or proprietor receives payment in any form of exchange for the use of any residential dwelling, including any single-family residence, or part thereof, any boarding house, or lodging house.Commission.The planning commission of the city.Common space (common area).A portion of a development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all persons who reside or work in the building or on the design site.Conversion.Alteration of the use of an existing structure while retaining without substantial alteration the exterior portion of the structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.Cooperative housing.A housing development in which the residents do not hold title to individual units within the housing development, but instead have title to a share in the development as a whole. Cooperative housing includes stock cooperatives as well as community based mutual housing associations, limited equity housing cooperatives, and resident controlled non-profit housing corporations, as defined in Section 18.05.020 of the Municipal Code.Corner element.A physical distinction in a building at the corner of two streets or a street and public space. The physical distinction is from the ground floor through the top of the facade.Corner entry.An entrance located on the corner of a building.Cottage court (building type).A group of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street.Cottage food operation.An enterprise at a private home where low-risk food products are prepared or packaged for sale to consumers, as defined in Section 113758 of the Health and Safety Code. Low-risk foods are defined as \"non-potentially hazardous\" in that they do not require refrigeration to keep them safe from bacterial growth that could make people sick. A list of approved cottage food categories is maintained on the California Department of Public Health's website.Court.An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.Courtyard.An unroofed area that is completely or partially enclosed by walls or buildings on at least two sides and often shared by multiple residential units or commercial suites.Courtyard, building (building type).A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards.Co-working space.A facilitated environment which may contain shared facilities such as conference rooms, reception services, phones, and other business amenities. Work spaces are used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community and to reduce duplicated costs by sharing facilities. The uses shall have externally observable attributes similar to uses permitted in the zone in which that they are located. Equipment is limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment. Such space located in a research and development building may use equipment consistent with research and development uses. Co-working space may be interchangeably referred to as \"incubator space.\"Crawl space.A shallow unfinished uninhabitable space beneath the floor or under the roof of a building, that provides access to utility, structural, and other building components not readily accessible from the habitable portions of the building.Defensible space.A public, private, or semi-private residential environment whose physical characteristics—building layout and site plan—function to allow inhabitants themselves to become key agents in ensuring their security.Den (or family room, sewing room, study, loft studio or similar rooms).A room which is open (has no door and has one wall that is at least fifty percent open to the interior portion of the dwelling) on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed or used for sleeping purposes.Department store.A store or group of shops under unified management selling a variety of merchandise goods, normally including clothing, appliances, hardware, furniture and the like.Depth, ground-floor space.The distance from the street-facing facade to the rear interior wall of the ground-floor space available to an allowed use.Depth-to-height ratio.The relationship of the depth of a space measured perpendicular to a building divided by the average height of the surrounding buildings.Detached ADU.An ADU that is constructed as a separate structure from an existing or proposed single-family dwelling or multifamily dwelling. An accessory dwelling unit attached to the primary structure via a roof, breezeway, trellis, or covered walkway shall be considered a detached ADU.Detached house (building type).A small- to medium-sized detached structure with one unit and private open space.Director.The city staff person occupying the department head position, who is assigned by the city manager to enforce the provisions of Article 40, Zoning Ordinance, regardless of their actual title.Discount superstore.A general merchandise store with more than twenty percent of the gross floor area dedicated to non-taxable and/or grocery sales.Disposition, formal.Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.Disposition, informal.Composed in an informal character with a mix of formal and natural characteristics.Distance between entries.The horizontal distance measured parallel to the facade between entrances to a building or buildings.Distance between residential structures.The shortest horizontal distance measured between the vertical walls of two residential structures as herein defined perpendicular to an axis, all points along which are midway between the walls. Locations of point of measurement are subject to the exceptions and modifications in this chapter.District, zoning district.A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.Dooryard (frontage type).The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard.Drive-through facility.An establishment designed and built in such a way that patrons can be served while remaining in their automobiles.Driveway.A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the premises on which it is located, and which complies with the surfacing (Section 40.25.100(c)), parking space size and access (Sections 40.25.070(e) and (f)), and off-street parking (Section 40.25.080) requirements for single-family and duplex dwellings, of this chapter.Dump.An area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.Dwelling.Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home.Dwelling, multiple.A building or portion thereof designed for or used by three or more families or housekeeping units.Dwelling, single-family.A building designed or used exclusively for residence purposes by one family or housekeeping unit.Dwelling, single-family (detached).A single-family dwelling that does not share any walls or structural elements with another dwelling.Dwelling, single-family attached.A single-family dwelling that shares one or more common walls with an adjacent dwelling, but is located on a separate lot.Dwelling, two-family or duplex.One building designed for or used exclusively as dwelling units for two families living separate from each other constructed on one lot.Dwelling unit.One or more habitable rooms which are occupied or intended or designed for human occupancy with facilities for living, sleeping, cooking and eating.Efficiency unithas the meaning set forth in Section 17958.1 of the Health and Safety Code, and may be permitted for occupancy by no more than two persons. The efficiency unit shall have a minimum floor area of two hundred twenty square feet and shall have a bathroom facility and a partial kitchen or kitchenette.Elevated ground floor.A ground floor situated above the grade plane of the adjacent sidewalk.Emergency shelter.Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.Encroachment.Any architectural feature, structure, or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the build-to line into the public frontage, or above a height limit.Entry.An opening, such as a door, passage, or gate, that allows access to a building.Entry, primary.The opening that allows access to a building directly from the sidewalk along the front facade.Entry, service.An entrance located toward or at the rear of the building intended for the delivery of goods and removal of refuse.Equipment building.As defined in Section 40.29.030.Essential services.The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public Utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.Facade.See Building elevation/facade.Facade zone.The area between the minimum and maximum setback lines along the front of a site and along the side street of a corner parcel where the building facade is required to be placed.Family.One or more individuals occupying a dwelling unit and living as a single household unit. Family shall include persons living together in a licensed residential facility, as that term is defined by California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding licensee, the members of licensee's family, and persons employed as facility staff who reside at the facility.Federal Communications Commission (FCC).As defined in Section 40.29.030.Fence.An artificially constructed barrier consisting of any permitted materials, intended to form an enclosure, mark a boundary, prevent intrusion, provide a screen, and including walls or like structures, but not a building wall.Finish level, ground floor.Height difference between the finished floor on the ground floor and the adjacent sidewalk. In the case of a terrace frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street. Regulations for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in buildings.Flex space.A room or group of internally connected rooms designed to accommodate an evolution of use over time in response to an evolving market demand. Typically designed to accommodate future commercial uses, while accommodating less intense short-term uses, such as residential or live/work, until the commercial demand has been established.Floor area ratio.A ratio between the area of permitted floor space in a structure in terms of its outside dimensions (gross floor area) and the area of the lot on which it is situated.Floorplate.An area measurement in square feet of either the gross or the rentable floor area of a typical floor in a building.Floorplate, nonresidential.The square footage area measurement of a floorplate dedicated to nonresidential uses.Floorplate, residential.The square footage area measurement of a floorplate dedicated to residential uses.Food stores.Food store, supermarket or neighborhood grocery store that is a retail establishment fifteen thousand to forty thousand square feet in size that offers household groceries and goods to meet the convenience shopping needs of the neighborhood. The groceries offered shall have a full line of perishables including fresh produce, meats, fish, and dairy products. The groceries shall also include frozen foods, canned foods, deli products, baked and/or prepared foods, beverages, and dry foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. Food stores with warehouse format as opposed to typical grocery stores defined herein, do not qualify as food store or supermarket thus defined.Footprint.The outline of the area of ground covered by the foundations of a building or structure.Forecourt (frontage type).The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site.Foster home.The residence of a private family in which one or more children under sixteen years of age are cared for as foster children under a license of the county welfare department, and a certificate of approval of the health department of the city or the county.Fraternities and sororities.Groups of university students and alumni, and groups officially recognized by the university which have elected officers, which are self-governed, and which do not discriminate on the basis of race, religion or national origin. Such groups may maintain an off-campus living arrangement which allows them to share their values and traditions and to pursue common interests which enhance their educational experience. Such groups need not be affiliated with a Greek-letter organization.Fraternity house or sorority house.A building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity or sorority or by or on its behalf by a building corporation or association composed of members of alumni thereof, and occupied by members of the local chapter of such fraternity or sorority as a place of residence.Freestanding wall.A wall that is separate from a building and supported by independent means.Front.See Building site line, front.Frontage.All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a waterway, end of dead-end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the length of the frontage on side of the street which it intercepts.Frontage, private.The area between the building facade and the back of the sidewalk abutting a street or public open space.Frontage, public.The area between the on-street parking and the back of the sidewalk.Frontage type.Physical element(s) configured to connect the building facade to the back of the sidewalk abutting a street or public open space.Gable.A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.Gallery (frontage type).The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way.Garage, parking.A building used for the parking of more than five automobiles, whether free, for compensation or as an accommodation.Garage, private.A detached accessory building or a portion of a principal building used only for the storage of passenger vehicles or trailers by the families resident upon the premises; provided, that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises; except, that all of the space in a garage of one- or two-car capacity may be so rented; and provided, that, except on farms, such garage shall not be used for the storage of more than one commercial vehicle of greater than one-and-one-half-ton rated capacity per family resident upon the premises.Garage, public.A structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers.Garage sales.A garage, patio or yard sale shall mean a sale in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other nonprofit organizations are not residences as defined herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.Gazebo.A free standing structure, with a solid or trellis roof, usually open on the sides, used for outdoor living and not for storage purposes.General merchandise store.A store that offers centralized cashiering, and a wide range of products, normally including clothing, small appliances, electronics, home furnishings, linens, housewares, toys, sporting equipment, garden supplies and the like, where less than twenty percent of the gross floor area is dedicated to non-taxable and/or grocery sales.Glazing.Openings in a building in which glass is installed.Good neighbor policy.A document which identifies acceptable standards of conduct for living groups in the City of Davis as they relate to adjacent property owners and the community.Gross floor area.The total floor area inside the building envelope, including the external walls, but not including the roof.Ground floor.The floor of a building located nearest to the level of the ground around the building.Ground coverage.The percentage of the total lot area that is covered by structures as herein defined.Height.Height is determined in three ways:(1) Number of Stories. The number of stories in a structure allowed above grade. See Stories.(2) Overall Height. The vertical distance between grade and the highest part of the structure directly above.(3) Highest Top Plate. The vertical distance between grade and the highest top plate of the building.Highest top plate.As measured vertically from grade, the highest continuous beam on top of the walls that supports the roof structure by carrying the vertical forces from the rafters to the wall studs.Group care home.A residential care facility licensed or supervised by any federal, state, or local agency which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family-like environment. Group care homes includes the following:(1) An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in State of California Health and Safety Code Section 1267.8;(2) A community care facility as identified in State of California Health and Safety Code Section 1566.3;(3) A residential care facility for the elderly as identified in State of California Health and Safety Code Section 1569.85;(4) An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code Section 11834.02;(5) A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code Section 5116;(6) A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code Section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code Section 601ff.Group care home does not include homeless shelters, half-way houses for parolees or convicted persons, or living groups as defined in this chapter.Guest house.Living quarters or conditioned space within an accessory building for the use of persons living or employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters may have bathroom facilities (toilet, sink, tub/shower) and shall have no kitchen facilities. Such quarters shall not be rented or otherwise be used as a separate dwelling. A pool house, workshop, home office or studio is also considered a guest house.Home occupation.A home occupation is an accessory use of a residential dwelling unit which shall be conducted entirely within the dwelling. It shall be conducted by the inhabitants of the dwelling, and one nonfamilial employee, if desired. A home occupation shall be clearly incidental and secondary to the primary use of the residential dwelling, shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part, shall create no additional traffic or require additional parking space, and shall not have outdoor storage of materials, equipment or supplies visible from outside the premises other than materials, equipment and supplies necessary for domestic purposes.Hotel.A facility containing guest rooms or suites, used by guests on a transient occupancy basis, less than thirty days. Also includes guest amenities such as swimming pools, gyms, restaurants, bars, meetings rooms, etc.House form building.A building that is the size of a small-to-large house and detached from other buildings, typically ranging from twenty feet to as large as eighty feet overall, including secondary wings.Improvement.The product of any modification to a site structure or building.Infill.Additional development upon a lot having at least one pre-existing structure. Such additions may be independent structures or attached to the existing structure, and should not be dependent upon the main structure for functional needs, such as bathrooms, kitchens, etc.Junkyard.A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including automobiles and vehicle wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments which offer for sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale or used cars in operable condition or salvaged materials incidental to manufacturing operations.Kennel.Any premises, except where accessory to an agricultural use, where five or more dogs, ten weeks in age or older, are kept.Kitchen or kitchenette.A room, space or area equipped with cabinets and countertops for the preparation and cooking of food. Equipment shall include one from each category below:(1) A stove, stovetop, range, oven, built-in microwave oven, or other device for cooking food; and(2) A sink; and(3) A refrigerator, freezer, or combination thereof.A kitchen or kitchenette may also include, a dishwasher, a garbage disposal and a trash compactor.Landing.A level area at the top or bottom of a staircase or between one flight of stairs and another.Landscaping.Vegetation and related elements including, but not limited to, inorganic groundcover, organic groundcover, understory, ornamental plants, and shade trees compliant with the California Model Water Efficient Landscape Ordinance (MWELO) standards and the Climate Ready Tree List.Lattice tower.As defined in Section 40.29.030.Living groups.Organized living groups are organizations, clubs or associations (such as fraternities, sororities or co-operatives) that include as a principal purpose the sharing of a residence by members. A residential facility may be considered an official headquarters for an organized living group when it is used as a residence for four or more members, and one of the following:(1) It is used as a site for meetings, membership recruitment, or social activities for the organization; or(2) Any one of the following uses of the facility occurs:(A) Use as the organization's official mailing address; or(B) Use of the site for display of organization paraphernalia, such as flags, charters, letters, etc.Live/work.A unit that combines and accommodate both residential and the place of business for the resident(s) of the unit. Typically characterized with having the \"work\" function at the ground level and the \"live\" function on upper levels with an interior connection between the two uses. Live/work differs from home occupations in that the \"work\" component of the live/work occupancy may:(1) Include employment of persons not living in the residential portion;(2) Exclusively occupy part or all of the floor area of a unit;(3) Have a separate designated access or private entrance specifically for the business use;(4) Include alterations or features not customarily found in residential dwellings units;(5) Have window displays;(6) Have limited signage on the premises; and(7) Include food handling, processing, or packing.Loading dock(s).A platform where cargo from vehicles can be loaded or unloaded.Lodger.A person who is provided with sleeping quarters, for compensation, on not less than a weekly basis.Lodging house.Any commercial residential use with more than five adult residents.Lot.A piece or parcel of ground occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings., or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on an improved and accepted public street which meets the standards of width and improvements specified by the city for the street in question.Lot area.The total computed horizontal area contained within the lot lines or boundary lines of a lot.Lot, corner.A lot situated at the intersection or interception of two or more streets, which streets have an angle of intersection or interception of not more than one hundred thirty-five degrees.Lot coverage.The percentage of the total lot area that is covered by structure as herein defined. For the purposes of lot coverage, structures are anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. For the purposes of lot coverage, \"structures\" include buildings and accessory structures, storage sheds, patio covers and gazebos with solid roofs, and decks which are thirty inches or more above grade (as defined in the building code). For the purposes of lot coverage, \"structures\" shall not include architectural features (including cornices, canopies, and eaves) supported from the structures; trellis and arbors which do not have solid roofs and/or solid sides; and decks which are less than thirty inches above grade.Lot coverage, calculation.Lot coverage calculation shall be based on the lot area.Lot depth.The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The minimum length of side lot line shall be ninety feet.Lot interior.A lot other than a corner lot or reversed corner lot.Lot, key.The first lot to the rear of a reversed corner lot whether or not separated by an alley.Lot line.The property line bounding the lot.Lot line, front.In the case of an interior lot, a line separating the lot from the street right-of-way. In the case of a corner lot, the owner may choose which street he or she shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met.Lot line, rear.A lot line which is opposite and most distant from the front lot line, except in the case of an irregular, triangular or gore shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. In no case shall any of the rear part of the structure be closer than ten feet to any property line.Lot line, side.Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.Lot line, street or alley.A lot line separating the lot from a street or alley.Lot, reversed corner.A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of the corner lot abuts.Lot width.The mean width of the lot measured at right angles to its depth.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.Main body.The primary massing of a main building.Main building.The building that serves as the focal point for all activities related to the principal use of the site.Main facade.The front facade of a building.Main street, building (building type).A small-to-large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses.Major.Having a greater size, scope, effect, characteristic or quality relative to the other corresponding sizes, scopes, effects, characteristics or qualities; or being the greater of two or more.Manufactured home.Any structure transportable in one or more sections, which, in the traveling mode is eight body feet or more in width, or forty body feet or more in length, or, when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirement and with respect to which the manufacturer voluntarily files a certification and complies with the standards established in this part. Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401, et seq.).Massing.The overall shape or arrangement of the bulk or volume of a building.Medical clinic.An establishment where patients are admitted for study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.Minor.Having a lesser size, scope, effect, characteristic or quality relative to the average size, scope, effect, characteristic or qualities; or being the lesser of two or more.Mixed use.Residential uses combined with either or both commercial or office uses.Mobile home.Any standard make of trailer constructed and equipped in such a manner as to permit permanent occupancy thereof as living quarters for a family unit. In general, any trailer over twenty-five feet in length may be considered a mobile home; provided, that such trailer complies with all applicable laws and regulations controlling the design, construction, equipment or occupancy thereto. Mobile homes are considered structures for the purpose of this chapter when they are parked in a mobile home park. Small mobile homes or trailers are defined as being five hundred square feet or less in size, average mobile homes or trailers as being five hundred one to one thousand square feet in size, and large mobile homes or trailers as being more than one thousand square feet in size.Mobile recycling unit.A mobile recycling unit means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.Monitoring protocol.As defined in Section 40.29.030.Monopole.As defined in Section 40.29.030.Motel, including motor hotel.A building or group of buildings comprising individual sleeping or living units for accommodation of transient guests.Multiplex: large (building type).A medium-to-large-sized structure that consists of seven to eighteen side-by-side and/or stacked dwellings, typically with one shared entry.Multiplex: small (building type).A medium-sized structure that consists of three to six side-by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front.Natural grade.The level of ground surface of a lot, excluding drainage swale, at all perimeter lot lines before excavation, fill, grading or any other work is conducted on the site other than that done when creating a subdivision.Neighborhood.The nearby area of a neighborhood shopping center, the outer limits to extend approximately one-half the distance between the neighborhood shopping center and adjacent neighborhood shopping centers as indicated on the master plan of the city.Neighborhood center.A walkable urban environment that provides a concentrated mix of civic, institutional and/or commercial uses.Net residential density.The average number of families living on one acre of land in a given area. Net residential density is determined by dividing the total number of families in a defined area by the total acreage which is the summation of areas of all parcels of land within the area that are used for residential purposes.Nonconforming use.A building, structure or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use of regulations of the district in which located.Non-ionizing electromagnetic radiation (NIER).As defined in Section 40.29.030.Nonprofit.Includes either:(1) A corporation registered under California law according to Part 1, Division 2, Title 1, California Corporations Code and generally described as follows:A corporation formed of three or more persons for any lawful purpose which do not contemplate distribution of gains, profits, or dividends to the members thereof and for which individuals lawfully may associate themselves, such as religious, charitable, social, educational or cemetery purposes, or for rendering services. Carrying on business at a profit as an incident to the main purpose of the corporation is not forbidden, but no distribution of gains, profits or dividends shall occur except upon dissolution (California Corporations Code Section 9200 et seq.); or(2) An unincorporated association of natural persons for religious, scientific, social, literary, educational, recreational, benevolent, or other purpose not that of pecuniary profit.Office amenity space.Non-employee, non-traffic-generating uses that are not easily convertible to employee-generating uses such as exterior covered walkways, lobby atrium, large cafeteria and employee lounge areas, employee fitness areas, and laboratories.Open space, private.A portion of a development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all occupants of the building.Open space, publicly accessible.An outdoor area dedicated for public gathering and civic activities.Oriel window (syn. upper story bay window).A window that projects from the building facade or elevation, located on upper floors and may extend for multiple stories.Outdoor advertising.Any card, paper, cloth, metal, glass, wooden or other display or device of any kind or character whatsoever placed on the exterior surface of, or outside of, a structure so as to be read or perceived from any public right-of-way or from any public area. Interior signs, if located on a window or if apparently intended for viewing from the exterior and exterior service station signs, shall be considered outdoor advertising, unless the message is not readable or clearly perceptible from the far side of the adjoining street or a distance of fifty feet, whichever is less. In the event of a dispute as to the applicability of this provision to any interior signs, the decision of the community development and sustainability department staff as to whether a message is readable or clearly perceptible from the far side of the adjoining street or a distance of fifty feet shall be final unless appealed.Outdoor advertising structure.A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display may be placed.Outdoor dining.Use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment.Overhead doors.Doors constructed in horizontally hinged sections that are equipped with hardware that rolls the sections into an overhead position, clear of the opening.Parapet.A wall along the edge of a roof or the portion of a wall that extends above the roof line.Parking area, private.An open area for the same uses as a private garage.Parking area, public.An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.Parking assessment district.A legally constituted parking assessment district under the various special assessment of parking district acts as authorized under the Codes of the state.Parking driveway width.The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.Parking space.An area accessible to vehicles, either within a structure or in the open, surfaced with asphalt, concrete, grasscrete, compacted gravel or other surface approved by the director, and may include driveways.Parkletrefers to a sidewalk extension that provides more space and amenities for people using the street. Usually, parklets are installed on parking lanes and use several parking spaces and may include a small seating area, sidewalk extension, or green space created as a public amenity intended for people to stop, sit, and rest or dine. Parklets located within the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) are civic spaces. Parklets can also be constructed for exclusive, private use. A parklet falls under the definition of a \"structure\" under the California Building Standards Code, as adopted and amended by the city, and may require a building permit as determined by the Chief Building Official. Parklets are a type of pocket park if they are publicly accessible.Pedestrian-oriented retail.General commercial businesses that allow customers to park once and complete multiple transactions and visits on foot in a context that encourages people to walk instead of drive.Performance standards.Regulations for the control of \"dangerous or objectionable elements\" as defined in Section 40.24.020.Planting strips.A landscaped or grassy area located between a street and a sidewalk.Play house.Structure with no electrical or plumbing connections that is enclosed (either with solid material, screening, cloth, or other material) on the three or more sides for the use of children's play. Such structure shall not be used for storage.Play structure.Jungle gym, swing set, slide, platform, or other similar unenclosed structure or device intended for the use of children's play.Plaza.A public open space at ground level wholly or partly enclosed by a building or buildings. It is continuously accessible to the public and has openings to the sky.Podium.A continuous projecting base or pedestal under a building often occupied by parking.Podium top.A flat, elevated and open area above a podium that can be used as common area.Porch, engaged (facade type).A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back.Porch, projecting (facade type).The main facade of the building is set back from the front building site line with a porch encroaching into the front setback.Poultry farm.Any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry or where the primary income from the premises is derived from the aforesaid occupation.Preservation.Retaining without substantial alteration the use and the exterior portion of an existing structure. A change of the architectural style or scale of the structure or a change in the predominant use of the structure shall be deemed to be a substantial alteration.Production, artisanal.Food and/or products made by hand in small batches that requires skills from a maker/master with a combination of science and art derived from experience.Professional offices.An office from which and at which a doctor, lawyer, engineer, architect, accountant or similar professional persons may offer services.Project site.One or more adjacent lots under common ownership.Public facility.A building, structure, or land area owned or operated by a government entity for the benefit of the public. This includes, but is not limited to, schools, libraries, parks, community centers, government offices, and utilities.Public use.A use operated exclusively by a public body, having the purpose of serving the public health, safety or general welfare.Rear.Opposite of front.Rear loaded (rear access).Sites that provide vehicular access from the rear of the site.Recessed entry.An entrance to a building that is set back from the facade of the building.Recreational vehicle.Any trailer, motor home, camper or similar vehicle designed and intended for sleeping, traveling and recreational purposes.Recreation, commercial.Recreation facilities operated as a business and open to the general public for a fee.Recreation, private, noncommercial.Clubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.Regulating plan.The official City of Davis Zoning Map.Restaurant.A business serving prepared food or beverages for consumption on or off the premises.Restaurant, formula fast food.A restaurant that both:(1) Is required by contractual or other arrangements to maintain any of the following: substantially standardized menus, architecture, building appearance, signs, or similar standardized features; and(2) Has two or more of the following characteristics:(A) Food to be consumed on the premises is served with disposable tableware,(B) Food is not delivered to the table,(C) Orders are placed at a counter, and(D) Drive-through or walk-up windows.Formula fast food restaurants shall not include ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals.Retail.Businesses that provide products and services (including restaurants) which are for sale to the general public.Reverse vending machine.A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state.A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.Roadside stand.A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.Rooftop room.A room, with or without a roof, limited in size that is located on the uppermost roof of a one or two-story main building to provide views across a neighborhood or the community. See Section 40.14.080.D (Rooftop room standards).Secondary dwelling unit.See Accessory dwelling unit.Semipublic use.A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal or medical institution, association or organization, such use having the purpose primarily of serving the general public.Service entries.Building access for service providers.Service station.Same as automobile service station or filling station.Setback, building.The minimum clear distance between the back of sidewalk and the building facade.Setback, parking.The mandatory clear distance between a building site line and parking.Setback, setback line.The minimum allowable horizontal distance from a given point or line of reference such as a street right-of-way to the nearest vertical wall or other element of a building or structure as defined herein.Shared parking.Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.Shelter or cabinet.As defined in Section 40.29.030.Shipping container.Structure designed and intended for the movement of materials over long distances, typically constructed of corrugated steel, and commonly associated with ship, train or tractor trailer shipping.Exhibit A: Examples of Typical Shipping ContainersShopfront (frontage type).The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk.Shopfront base.A very low wall between the display window(s) of a shopfront and the ground. The shopfront base consists of many materials except glass.Shopfront, maker (frontage type).The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk.Sidewalk.A paved area along a street intended exclusively for pedestrian use and often installed between a street and building site frontages.Sign.Any letters, figures, design, symbol, trademark, statuary or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, price, service or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever for outdoor advertising purposes. This shall not include the flag, emblem, or insignia of a government, school or religious group when displayed for official purposes. \"Sign\" shall include distinctive architectural features of buildings, which because of recognition by the general public of such features, identify the product or services available therein. Cornerstones or tablets of bronze, brass or other noncombustible material, when built into or attached to the wall of a building or structure, which states only the name of the building or structure, its use, the date of erection, names of owner, architect, public officials, or which gives information commemorating a person or event, shall not be considered a sign. Street number signs, if not larger than required to be clearly perceptible from opposite side of the street, shall not be considered as signs. Signs required to be displayed pursuant to federal or state law shall not be considered as signs.Sign, area.The total exterior surface shall be computed in square feet when there is a distance between sign faces exceeding eighteen inches. In computing the area of double-faced signs less than eighteen inches distant between faces only one side of the sign shall be computed as the total area. The area of signs shall be determined by the area of rectangles, triangles, circles, etc., or combination thereof, as necessary, to enclose the sign. The computation of maximum square footage requirements set forth for the applicable district shall apply to and include distinctive architectural features, as defined above.Sign, directional.A sign used to direct traffic movement, parking or other specific purpose.Sign, freestanding.A sign not attached to or inside of a building which may exceed the height of a low profile sign to the height limit allowed within the zoning district for signs.Sign, low profile.A low profile sign shall mean a freestanding sign with a low height configuration not exceeding eight feet in height and incorporating a design and building material accentuating the architectural theme of the building or buildings on the premises. This sign shall not exceed twenty-five square feet in area for the message portion. Such sign shall not project over the right-of-way and must be set back five feet behind the setback line.Sign, temporary.A sign displayed for short periods of time, generally not longer than one month.Single loaded, building.A building containing dwellings and/or commercial suites without common hallways for access to the dwellings and/or suites.Single room occupancy (SRO) units.A multi-unit housing project for a single person that typically consists of single rooms and shared bath, and may include a shared common kitchen and activity area. SROs may be restricted to seniors or be available to persons of all ages.Small animal hospital, animal hospital.A hospital or boarding kennel facility, or both, available only for small animals, such as dogs, cats and other household pets, excluding any diagnosis or treatment on the premises of cattle, horses and commercial poultry, the entire facility to be completely enclosed within a building, except for the parking of automobiles.Small recycling collection facility.A small recycling collection facility is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 40.24.110. A small recycling collection facility may include the following:(1) A mobile recycling unit;(2) Reverse vending machines;(3) Kiosk type units which may include permanent structures; and(4) Unattended containers placed for the donation of recyclable materials.Small storage shed.An uninhabitable accessory structure that is designed or intended to be used for storage. A small storage shed may not be used as habitable space and does not have a heat source, a restroom, sewer access, a permanent water supply, insulation, or drywall. Storage sheds may have one overhead light and one electrical outlet as permitted by the building division. If electricity is provided, a concrete pad or foundation shall be required.Solid.Enclosure by, or coverage of, fifty percent or more. For the purposes of this definition, coverage or enclosure may be of any material, transparent or otherwise.Stable, private.A stable with a capacity for not more than two horses, cows or similar animals and in which no animals are kept for hire or for sale.State freeway, freeway.Any section of a state highway which has been declared to be a freeway by resolution of the state highway commission pursuant to Section 100.3 of the Streets and Highways Code of the state.Stealth design.The effect of integrating an element such as a cellular antenna into a building that results in the element being unobtrusive and not easily perceived from adjacent public sidewalks.Stealth technology/techniques.As defined in Section 40.29.030Stoop (frontage type).The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk.Storefront.The portion of a shopfront frontage composed of the display window and/or entrance and its components, including windows, doors, transoms and sill pane.Story.That portion of a building included between the surface of any floor and the surface next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.Story, first.The lowest story or the ground story of any building the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family shall be deemed the first story.Story, half.A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. A half-story is considered a story when its top wall plates, on at least two opposite exterior walls, are four feet or more above the floor of such story.Story, mezzanine.A story which covers one-third or less of the area of the story directly underneath it.Street.A public or approved private right-of-way which provides a means of access to abutting property.Street, front.Street located along the front building site line.Street frontage, principal.The length of the property line of any one premises parallel to and along the public right-of-way which it borders and which is identified by an officially assigned street address.Street line.The boundary line between a street and the abutting property.Street side.A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.Street tree.A tree of any species or size planted in open spaces, parkways, sidewalk areas, easements, and streets.Structural alteration.Any change in the structural members of a building, such as walls, columns, beams or girders.Structure.Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.Sun deck.The roof of a multiple unit structure used for recreational purposes.Supportive housing.Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.Tandem parking.A parking space deep enough to allow two cars to park, one behind the other.Telecommunication facility.As defined in Section 40.29.030. Telecommunication project. As defined in Section 40.29.030. Telecommunication site. As defined in Section 40.29.030.Telecommunication project.As defined in Section 40.29.030.Telecommunication site.As defined in Section 40.29.030.Telecommunications tower.As defined in Section 40.29.030.Terrace (frontage type).The main facade is at or near the front or side street building site line with an elevated terrace providing public circulation along the facade.Total usable open space.Shall be the sum of usable open space, whether public, private or a combination, required for a development.Tower.A structure designed primarily with a view to elevation and hence typically higher than its diameter or relatively high by its position. A tower may be isolated or appended to another structure. No space in a tower above the height limit of the zone in which it is located shall be allowed for the purpose of providing additional floor space.Townhouse (building type).A small-to-large-sized typically attached structure that consists of up to three or up to eight townhouses placed side by side.Trailer, including camp trailer.Any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters, i.e., camp trailer, or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets propelled or drawn by other motive power. Camp trailers are considered structures for the purposes of this chapter when they are parked in a trailer camp or park.Trailer camp, trailer park or mobile home park.Any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobile homes used for any of the residential purposes set forth under \"Trailer, including camp trailer.\"Transitional housing.Transitional housing and transitional housing development mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.Transit station.A site or structure used for the purpose of parking, loading and unloading freight and passengers from public transportation. May include parking facilities and other commercial amenities to service transit passengers.Transit stop.A location where buses stop to load and unload passengers. A transit stop sometimes includes a shelter or a dedicated platform along the sidewalk.Trellis.Patio cover with an open roof (less than fifty percent coverage) which is not enclosed on the sides except for required roof supports.Understory.The smaller trees and shrubs below the canopy of large trees.Unit.See Dwelling unit.Upper floor.A floor in a building containing habitable space that is located above the ground floor.Urban agriculture (crop production).Areas in some form of cultivation such as row crops, orchards, or greenhouses that support nearby or on-site food establishment operations.Urban open space.A civic space located solely in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) that is publicly-owned and can used for outdoor dining by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Urban open space areas are separate and distinct from open space areas.Usable open space.Outdoor area on the ground which is designed and used for outdoor living, recreation including swimming, utility space, pedestrian access or landscaping. Such areas shall be readily accessible to building occupants and shall be effectively separated from automobile circulation and parking. Such areas shall not include the required front yard, off-street parking space or driveways nor shall any such area have a dimension of less than twelve feet. Atria or courtyards may be credited as open space providing that the enclosed area is a minimum of twelve feet in both length and width. Balconies may be credited as open space providing they have a minimum dimension of five feet. Sun decks may be credited as open space up to a maximum of twenty-five percent in the R-3 districts and a maximum of fifty percent in the R-HD of the total open space requirement.Usable open space, calculation.Usable open space calculation shall be based on the lot area.Usable private open space.Outdoor area on the ground level or above ground which is designed and used for recreation, outdoor living and enjoyment by residents. Such area shall be separated from public open space areas, and there shall be no vehicular or pedestrian circulation through such areas. The minimum dimensions of such areas shall be six feet. Front yards may be counted as usable open space if design permits.Usable public open space.Outdoor area on the ground level or above ground which is designed and used for public pedestrian access and enjoyment. Such areas shall be separated from private open space areas, and there shall be no vehicular circulation through such areas. The minimum width dimensions of such space shall be twelve feet at ground level where adjacent structures are up to two and one-half stories in height, and five feet additional width shall be required for each additional adjacent story height. The minimum width of open space above ground level shall be six feet. Minimum dimensions must be at least ten feet in length to be counted.Use.The purpose for which land, premises or structure thereon is designed, arranged, or intended, or for which it is or may be occupied or used.Used.Arranged, designed, constructed, altered, converted, rented, leased or intended to be used.Vending machines (open-air).Any self-service or coin-operated box, container, rack, structure, storage unit or other device or dispenser installed, used, or maintained outdoors for the sale or distribution of newspapers, news periodicals, other publications/printed material, self-service delivery packaging, collection for delivery service, video or other rental collection, and similar items. Examples include, but are not limited to, newsracks, delivery service collection bins, delivery service mailboxes (except those operated by the United States Postal Service), video rental drop-off bins, etc.Veterinary hospital.An establishment for the care and treatment of animals, including household pets, livestock and commercial poultry. All facilities shall be within a completely enclosed building, except for exercising runs and the parking of automobiles.Walkability.The condition when an area is highly interconnected to other areas and appeals to pedestrians for recreational walking or for walking to work, transit, errands, shopping, or restaurants.Walkable urban context type.Areas that are pedestrian-oriented in nature, where bicycling and walking are viable, daily options because services, retail, or restaurants are within a short walking distance of most residences.Wall (building).A wall or other solid structure necessary to provide support to a building and/or integral to the architecture, design, or construction of a building.Wall plane.A vertical surface defined by the facades of buildings.Water table, architectural feature.A horizontal projecting string-course of masonry, molding or a ledge placed so as to divert rainwater from a building.Wet bar.An area or space equipped with cabinets and a sink and running water but without cooking facilities. A wet bar shall not include any of the following:(1) A stove, range, oven, built-in microwave oven or any other device for cooking food;(2) A 220/240 voltage outlet, gas or propane plumbing;(3) A garbage disposal.Wholesale.Wholesale shall mean the sale of goods, wares, merchandise or services for the purpose of resale and not to consumers or user thereof.Width-to-height ratio.The ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building.Wing.A structure physically attached to, and secondary and incidental to, the main body of a building, smaller in footprint and height.Yard, front.An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.Yard, front, minimum depth.The shortest distance, measured horizontally, between any part of a building and the front lot line.Yard, front, minimum depth, how measured.The front yard setback shall be measured from the front lot line.Yard, rear.An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter. Where a lot in any residential district abuts an alley the rear yard may be measured from the centerline of the alley rather than the rear lot line; provided, the director finds that any structure to be located in accordance with such measurement will not adversely affect the sunlight, air, open space, or solar access of adjacent properties; but in no case shall a rear setback line of less than five feet from the rear lot line be allowed unless specifically permitted otherwise.Yard, rear, minimum depth.The shortest distance, measured horizontally, between any part of a principal building, other than such parts hereinafter excepted, and the rear lot line.Yard, side.An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.Yard, side, minimum width.The shortest distance, measured horizontally, between any part of a building, other than such parts herein excepted, and the nearest side lot line.Yard, side, minimum width, how measured.The side or street side yard setback shall be measured from the side lot line.Zoning map.The zoning map of the city, dated 1963, together with all amendments subsequently adopted.Zoning permit.A document issued by the director authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.", "history": "(Ord. 296 §§ 2.1—2.114; Ord. 316 §§ 1, 2; Ord. 377 §§ 1—3; Ord. 421 § 2; Ord. 432 § 1; Ord. 455 § 1; Ord. 614 § 1; Ord. 781 § 1; Ord. 800 § 1; Ord. 862 § 1; Ord. 875 § 1; Ord. 921 § 1; Ord. 924 § 1; Ord. 946 § 1; Ord. 1002 § 1; Ord. 1013 § 1; Ord. 1068 § 1; Ord. 1080 § 1; Ord. 1123 § 1; Ord. 1190 § 1; Ord. 1357 §§ 2—4; Ord. 1377 § 2; Ord. 1419 § 2; Ord. 1420 § 1; Ord. 1450 § 1; Ord. 1718 § 1, 1993; Ord. 1737 §§ 1—3, 1994; Ord. 1739 § 1, 1994; Ord. 1783 § 2; Ord. 1786 § 1; Ord. 1787 § 1; Ord. 1788 § 1; Ord. 1802 §§ 1, 2; Ord. 1821 § 2, 1995; Ord. 1939 § 1, 1998; Ord. 1940 § 1; Ord. 1975 § 1, 1999; Ord. 2000 § 1, 1999; Ord. 2026 § 1, 2000; Ord. 2034 § 1, 2000; Ord. 2045 § 1, 2001; Ord. 2050 § 1, 2001; Ord. 2072 § 1, 2001; Ord. 2126 § 2, 2003; Ord. 2155 § 3, 2004; Ord. 2218 §§ 1, 2, 2005; Ord. 2259 § 1, 2006; Ord. 2358 § 1, 2010; Ord. 2359 § 10, 2010; Ord. 2390 § 2, 2012; Ord. 2407 § 2, 2013; Ord. 2413 § 1, 2013; Ord. 2445 § 2, 2015; Ord. 2467 § 2, 2016; Ord. 2514 § 4, 2017; Ord. 2553 § 2, 2019; Ord. 2572 §§ 2, 3, 2020; Ord. 2602 §§ 3—7, 2021; Ord. 2637, 1/17/2023; Ord. 2668, 11/12/2024; Ord. 2677, 11/4/2025; Ord. 2693, 9/1/2026; Ord. 2694, 9/15/2026)" }, { "guid": "44650748", "number": "§ 40.01.020", "title": "Purpose of chapter.", "text": "This chapter is hereby adopted as a precise and detailed plan for the use of land in the city based on the master plan for the city and is enacted in order to promote the public health, safety, morals, comfort and general welfare throughout the city.", "history": "(Ord. 296 § 1.1)" }, { "guid": "44650749", "number": "§ 40.01.030", "title": "Applicability of chapter.", "text": "Except as provided by Title 7, Chapter 3 and Chapter 4 of the Government Code of the state, all of the provisions of this chapter shall apply to all property within the incorporated territory of the city, whether owned by private persons, by the government of the United States or by any of its agencies, by the state or any of its political subdivisions or agencies, by any county, by any city, city and county, city, town or municipal corporation or any of its agencies or by a district formed under the laws of the state.The provisions of this chapter are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereafter be enforceable in connection with the activities of any such public agency or organization.", "history": "(Ord. 296 §§ 1.2, 36.3)" }, { "guid": "44650750", "number": "§ 40.01.040", "title": "Recognition of opportunities.", "text": "This chapter recognizes the opportunities available in the city to obtain, through land use controls, and environment of the highest possible quality without making necessary unduly high public or private expenditures for development and without unduly restricting private enterprise or initiative. Such opportunities are due to the following circumstances:(a) The greater part of the growth in residence and industry in the city and the county will take place in areas which are presently undeveloped and portions of which will be annexed to the city and to cities within the county.(b) Thus, high standards can be adopted for future residential, commercial, industrial, agricultural, public and open land uses, and land can be reserved for future public use in new areas in coordination with rather than in conflict with private development plans.(c) Prior to the adoption of this chapter, the city caused to be prepared and officially adopted a master plan, delineating in general terms the future use of land throughout the city and providing a long range guide to the zoning districts and district regulations in this chapter.", "history": "(Ord. 296 § 1.3)" }, { "guid": "44650754", "number": "§ 40.01.050", "title": "Principles followed in preparation of chapter.", "text": "This chapter, in order to obtain the greatest benefits from the foregoing opportunities which exist in the city and in the county, has been prepared in accordance with the following principles:(a) This chapter is based on the city master plan and the county master plan with respect to the general pattern of future land uses and the principles for future land development expressed in such plans.(b) In recognition of the importance of relatively compact development necessary to provide for economy and efficiency in public services and utilities, it is the intent of this chapter to make land available for future development approximately five years in advance of such development. This policy is intended to give moderate guidance to the location of future development without unduly restricting the location of such development.(c) This chapter recognizes the importance to the community of all legitimate uses of land: Residential, commercial, industrial, agricultural, public and open space. This chapter further recognizes the need for all such uses to be protected from other uses which are unrelated or incompatible. Thus, each district is exclusive with respect to every other zoning district in this chapter, and industrial zoning districts, for example, are protected from encroachment by residential uses as firmly as residential districts are protected from industrial encroachment.(d) This chapter recognizes the importance to the public welfare of order and beauty in the appearance of all districts of the city. This chapter implements this principle through provisions for the review of the appearance of many structures, buildings and uses, and by provisions to require site plan review and landscaping. It is not the intent of such provisions or regulations to stifle individual initiative or control individual taste by forcing adherence to any particular style of design, but rather to provide the minimum amount of direction necessary to encourage orderliness of appearance throughout the city.(e) Site area, yard, off-street parking and other standards in this chapter are based on the best accepted contemporary practice, rather than on past practices, since this chapter will control development for years in the future. A variance from the strict application of the standards in the ordinance is available where compliance under certain conditions would cause individual hardship.(f) Uses which would adversely affect adjoining uses or the public welfare unless designed in a particular way or permitted in certain locations, are allowed as \"conditional uses,\" subject to review by the planning commission. Whenever possible, the special requirements are spelled out in this chapter as a guide to the discretionary authority of the planning commission.(g) Industrial uses are subject to control by performance standards, rather than through the use of long lists of permitted or prohibited industries. This method enables a potential nuisance to be measured factually and objectively in terms of the nuisance itself and protects any industry from arbitrary exclusion or persecution based solely on the characteristics of uncontrolled production in this type of industry in the past.", "history": "(Ord. 296 § 1.4)" }, { "guid": "44650762", "number": "§ 40.01.060", "title": "Composition of chapter.", "text": "This chapter consists of the establishment of various zoning districts within which it shall be lawful only to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings, within which certain open spaces shall be required about future buildings and consisting further of appropriate regulations to be enforced in such districts, all as set forth in this chapter.", "history": "(Ord. 296 § 1.5)" }, { "guid": "44650763", "number": "§ 40.01.070", "title": "Interpretation of chapter; effect of conflicting provisions.", "text": "In their interpretation and application, provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this chapter shall control.In the event there is conflict relative to the requirements for commercial residential use, the second dwelling unit requirements and conditions (being the more restrictive standards) shall apply.", "history": "(Ord. 296 §§ 1.6, 36.1; Ord. 1719 § 1)" }, { "guid": "44650764", "number": "§ 40.01.080", "title": "Districts designated.", "text": "The several districts hereby established and into which the city is divided are designated as follows:AAgricultural districtsR-1Residential one-family districtsR-2Residential one-and two-family districtsR-2-CDResidential one-and two-family conservation districtsC-ICore area infill districtsR-RResidential restricted districtsR-2-MHResidential one-and two-family and mobile home districtsR-3Residential garden apartment districtsR-HDResidential high density districtsR-TResidential transitional districtsR-CInterim residential conversion districtsC-NCommercial neighborhood districtsC-DCore area design combining districts—Downtown and traditional neighborhood overlay districtsC-CCentral commercial districtsM-UMixed use districtsA-CAuto center districtsC-SCommercial service districtsCMUCommercial mixed use districtsC-RCommunity retail districtsI-RIndustrial administration and research districtsIIndustrial districtsP-SPPublic-semipublic districtsSInterim study districtsP-DPlanned development districts", "history": "(Ord. 296 § 3.1; Ord. 1211 § 1; Ord. 2359 § 1, 2010)" }, { "guid": "44650765", "number": "§ 40.01.090", "title": "Zoning map adopted.", "text": "The zoning map of the city and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. Such map, properly attested, shall be kept on file in the office of the city planning commission.", "history": "(Ord. 296 § 3.2, 4.1)" }, { "guid": "44650766", "number": "§ 40.01.100", "title": "Interpretation of boundaries of districts.", "text": "Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:(a) Generally. The planning commission, upon written application or upon its own motion, shall determine the location of such boundaries.(b) Streets or alleys. Where the indicated zoning district boundaries on the zoning map are approximately street or alley lines, the centerlines of such streets or alleys shall be construed to be the boundaries of such districts.(c) Lot lines. Where the zoning district boundaries are not shown to be streets or alleys, and where property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the indicated boundaries on the zoning map are approximately lot lines, the lot lines shall be construed to be boundaries of the district, unless the boundaries are otherwise indicated on the map.(d) Scale on map. Where the property is indicated on the zoning map as acreage and not subdivided into lots and blocks, or where the district boundary lines are not approximately street, alley or lot lines, the district boundary lines on the zoning map shall be determined by scale contained on such map, and where uncertainty exists, the district boundary line shall be determined by the planning commission by written decision. In the event property shown as acreage on the zoning map has been or is subsequently subdivided into lots or blocks by a duly recorded subdivision map or record of survey and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map or record of survey into a different arrangement of lots and blocks than shown on the zoning map, the planning commission, after notice to the owners of property affected thereby for a public hearing and after such public hearing, may interpret the district boundary lines and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street, block and lot layout on the ground. Such interpretations shall be made by written decision, and thereafter the copies of the zoning map in the planning commission offices shall be changed to conform thereto.(e) Vacated street or alley. In the event a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in such street or alley shall be included within the district of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a district boundary between two or different districts, the new district boundary shall be the former center line of the vacated street or alley.", "history": "(Ord. 296 §§ 3.3, 4.2)" }, { "guid": "44650772", "number": "§ 40.01.110", "title": "Procedure for zoning upon annexation.", "text": "After the proposal for the annexation of territory to the city has been submitted to and reported upon to the proponent by the county boundary commission as specified by law, the petitioner may request with his or her petition how he or she desires the property to be zoned, provided, the same is annexed to the city. Copies of the petition shall be filed with the city council and a copy thereof presented to the planning commission, and the planning commission may immediately give notice of its intention to consider the proposal for annexation and for zoning the property as requested at a hearing before the planning commission. Such notice shall be by one publication in a newspaper circulated in the city giving notice of its intention to consider the proposal for annexation and the zoning of the property if annexation is completed, and to make its recommendation relative thereto. Notice shall be so given by publication at least ten days prior to the date set for the hearing, and by posting notices for the time and in the manner prescribed for amending boundaries.After the planning commission shall have filed its recommendation with the city council, and whenever possible, the notice of zoning may be consolidated with a notice, or resolution, required for annexation of property to the city, and shall comply with the law for the requirements of both notices of annexation and for zoning, otherwise such notices shall be given concurrently, or separately, as the case may be.Upon the hearing of the proposal to annex and zone, the city council may pass its ordinance for the annexation of the property, and in the manner required by law, upon the completion of the annexation, shall pass its ordinance to rezone the property following the recommendation of the planning commission filed prior to the annexation.All areas hereafter annexed by the city shall be zoned S districts, interim study districts unless zoned otherwise by the city council.", "history": "(Ord. 296 § 3.4; Ord. 333 § 1)" }, { "guid": "44650773", "number": "§ 40.01.120", "title": "Compliance with chapter.", "text": "Except as otherwise provided:(a) No building or part thereof or other structure shall be erected, altered, added or enlarged, not shall any land, building, structure or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed as permitted in the district in which such building, land or premises is located unless such a use is determined by the planning commission to be of the same general character as the uses permitted in the district as provided in Section 40.27.090.(b) No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building or structure is located.(c) No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated for the district in which such building or open space is located.(d) No yard or other open space provided about any building for the purpose of complying with provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.", "history": "(Ord. 296 § 3.5; Ord. 2127 § 1, 2003)" }, { "guid": "44650778", "number": "§ 40.01.130", "title": "Fees and charges generally.", "text": "Except as otherwise specifically provided in this chapter, the fees and charges called for by this chapter shall be set forth in a resolution of the city council establishing a comprehensive schedule of fees and charges relating to community development applications. The comprehensive schedule of fees and charges shall be posted in a conspicuous public place and shall be made available for public inspection during regular office hours.", "history": "(Ord. 707 § 2)" }, { "guid": "44650779", "number": "§ 40.01.140", "title": "Time limitations for application and project approvals. (Repealed by Ord. 2166.)", "text": "", "history": "" }, { "guid": "44650780", "number": "§ 40.01.150", "title": "Residential development permit coordination.", "text": "(a) Purpose. The purpose and intent of this section is to implement amended Section 65913.3 of the Government Code (as added by Assembly Bill 941, Chapter 846) to provide for coordination of review and decisionmaking and the provision of information regarding the status of all applications and permits for residential developments in the city by a single administrative entity.(b) Designation of community development and sustainability department. The community development and sustainability department is designated as the administrative entity responsible for coordinating the review and decisionmaking, and providing information on the status of all applications and permits for residential developments in the city.(c) Response time. Responses to request for information regarding residential developments will be provided in all instances within a period of time not to exceed twenty-four hours of a regular business day from the time of the request.(d) Procedures. The director shall develop procedures for implementing the requirements of this section, monitoring performance and costs, and reporting periodically on their effectiveness.(e) Fees. Fees for services rendered under the provisions of this section shall be as determined from time to time by the city council and set forth in the manner prescribed in Section 40.01.130 of this chapter.", "history": "(Ord. 1200 § 2; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44650786", "title": "AGRICULTURAL (A) DISTRICT", "number": "40.02", "url": "https://ecode360.com/44650786", "sha256": "052691323043af079e5b1c07fb2c63cb3f1a23cb04c50e59e39a8691a00fa41c", "exportedArticleSha256": "e35200feda295854730acb7ef63b7447e4c424991008ba999dfde95502100e6f", "sections": [ { "guid": "44650787", "number": "§ 40.02.010", "title": "Purpose.", "text": "The purpose of the agricultural (A) district is to preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets and other facilities, so that compact, orderly development will occur. Change of zoning district from A to any other zoning district shall only be made in general accord with the city master plan.", "history": "(Ord. 296 § 6.1)" }, { "guid": "44650788", "number": "§ 40.02.020", "title": "Permitted uses.", "text": "The following principal permitted uses of land are permitted in an A district:(a) Agriculture, including any customary building and structure, and such uses as livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses, and other agricultural occupations as defined in this chapter.(b) Ranch and farm dwellings appurtenant to a principal agricultural use.(c) Public parks and recreation areas.", "history": "(Ord. 296 § 6.2)" }, { "guid": "44650792", "number": "§ 40.02.030", "title": "Accessory uses.", "text": "The following accessory uses shall be permitted in an A district:(a) Living quarters of persons regularly employed on the premises, but not including labor camps and labor dwellings, accommodations or areas for transient labor.(b) Guest houses, not rented or otherwise conducted as a business.(c) Offices incidental and necessary to the conduct of a permitted use.(d) Private garages, parking areas and stables subject to provisions of Section 40.26.330.(e) Roadside stands not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises.(f) Other accessory uses and buildings customarily appurtenant to a permitted use.(g) Home occupations subject to provisions of Section 40.01.010 and Section 40.26.150.", "history": "(Ord. 296 § 6.3; Ord. 875 § 2)" }, { "guid": "44650800", "number": "§ 40.02.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an A district:(a) Private noncommercial recreation areas, uses and facilities including country clubs and golf courses, subject to the provisions of Section 40.26.100, and swimming pools, subject to the provisions of Section 40.26.350.(b) Poultry farms and hog farms, subject to the provisions of Section 40.26.290, kennels and riding stables, subject to the provisions of Section 40.26.030, guest ranches, dairies, veterinary offices and animal hospitals, subject to the provisions of Section 40.26.040.(c) Animal feed and sales yards, subject to the provisions of Section 40.26.030.(d) Any of the following uses, subject to review in accordance with the performance standards procedure in Sections 40.24.020 to 40.24.080; provided, that such uses are located not less than two thousand feet from the nearest R district or A district designated for future residential development in the city master plan:(1) Agricultural processing plants, fertilizer plants and yards, subject to the provisions of Section 40.26.120, agricultural products storage plants and yards, forest products, manufacturing and processing plants, manufacture and storage of agricultural chemicals.(2) Quarters, accommodations or areas for transient labor, such as labor cabins or camps, subject to the provisions of Section 40.26.170.(3) Drive-in theaters, subject to provisions of Section 40.26.110, golf driving ranges, subject to the provisions of Section 40.26.140 and other similar commercial recreation facilities, not including such facilities in which the principal use is enclosed in a building, such as bowling alleys.(4) Cemeteries, crematories, mausoleums, columbariums, subject to the provisions of Section 40.26.060.(5) Commercial mines, quarries and gravel pits subject to the provisions of Section 40.26.300.(6) Private airports and landing strips, subject to the provisions of Section 40.26.180.(7) Public and semipublic, including public utility buildings, or structures and uses of an administrative, educational, religious, cultural or public service type.(8) Signs and advertising structures, subject to the provisions of Section 40.26.020.", "history": "(Ord. 296 § 6.4; Ord. 2113 § 1, 2003)" }, { "guid": "44650813", "number": "§ 40.02.050", "title": "Height regulations.", "text": "No structure shall exceed two and one-half stories or thirty feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 6.5)" }, { "guid": "44650814", "number": "§ 40.02.060", "title": "Area, lot width and yard requirements.", "text": "The following minimum area, lot width and yard requirements shall be observed, except where increased for conditional uses or as provided in Sections 40.27.040 to 40.27.080.(a) Lot area. Ten acres.(b) Lot width. Three hundred feet.(c) Front yard. Fifty feet.(d) Side yards. Each side fifty feet.(e) Rear yard. Fifty feet.", "history": "(Ord. 296 § 6.6)" }, { "guid": "44650820", "number": "§ 40.02.070", "title": "Special requirements.", "text": "(a) Any building or enclosure in which an animal or fowl, except domestic pets, is contained shall be distant at least two hundred feet from any lot in any R or C district, or from any school or institution for human care.(b) Site plan and architectural approval shall be required for all conditional uses as provided in Sections 40.31.010 through 40.31.100.", "history": "(Ord. 296 § 6.7; Ord. 2677, 11/4/2025" } ] }, { "guid": "44650824", "title": "RESIDENTIAL ONE-FAMILY (R-1) DISTRICT", "number": "40.03", "url": "https://ecode360.com/44650824", "sha256": "7f4d694a49966c0307d41b5bd0d0f71b2c0259b1fce13a9f2469eb0c1344b013", "exportedArticleSha256": "76db68592f6869840b504b42dd2027a989e7263aff163b04635b357d4715dcc4", "sections": [ { "guid": "44650825", "number": "§ 40.03.010", "title": "Purpose.", "text": "The purpose of a residential one-family (R-l) district is to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-1 district is intended for single-family homes and services appurtenant thereto.", "history": "(Ord. 296 § 8.1)" }, { "guid": "44650826", "number": "§ 40.03.020", "title": "Permitted uses.", "text": "The principal uses of land in an R-1 district are as follows:(a) Single-family dwellings with five or fewer bedrooms.(b) Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.(c) Family and group day care homes as defined in Section 40.26.270.(d) Group care homes with six or fewer clients.(e) Supportive housing.(f) Transitional housing.", "history": "(Ord. 296 § 8.2; Ord. 316 § 3; Ord. 1198 § 1; Ord. 1357 § 5; Ord. 1787 § 2; Ord. 2276 § 3, 2007; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44650833", "number": "§ 40.03.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in an R-1 district:(a) Deleted by Ord. 2119.(b) Home occupation, subject to the provisions of Sections 40.01.010 and 40.26.150.(c) Swimming pools, subject to the provisions of Section 40.26.350.(d) Signs, subject to the regulations of Section 40.26.020.(e) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to requirements of Section 40.26.010.(f) Accessory dwelling units meeting the requirements of Section 40.26.450 (ministerial accessory dwelling units).", "history": "(Ord. 296 § 8.3; Ord. 875 § 3; Ord. 1357 § 6; Ord. 1419 § 3; Ord. 2119 § 1, 2003; Ord. 2126 § 5, 2003; Ord. 2553 § 3, 2019)" }, { "guid": "44650840", "number": "§ 40.03.040", "title": "Conditional uses permitted with a conditional use permit (CUP).", "text": "The following conditional uses may be permitted in an R-1 district subject to the granting of a conditional use permit (CUP):(a) Public and semipublic buildings and uses of the recreational, educational, religious, cultural or public service type, including public utility, but not including corporation yards, storage or repair yards, warehouses and similar uses.(b) Hospitals, churches or other religious or eleemosynary institutions, subject to the provisions of Section 40.26.160.(c) Temporary tract offices, subject to the provisions of Section 40.26.360.(d) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(e) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(f) Residential dwellings with more than five bedrooms in the unit subject to the requirements of Section 40.26.255.(g) Residential dwellings with more than five bathrooms in the unit subject to the requirements of Section 40.26.256. Individual bathrooms shall not consist of more than one toilet fixture per bathroom with the exception of a bidet, and shall not contain more than two sinks, a shower, a bathtub or combination thereof.", "history": "(Ord. 296 § 8.4; Ord. 396 § 1; Ord. 527 § 1; Ord. 1214 § 1; Ord. 1357 § 7; Ord. 1719 § 2; Ord. 1786 § 2; Ord. 1787 § 3; Ord. 1802 § 4; Ord. 2034 §§ 4, 5, 2000; Ord. 2113 § 1, 2003; Ord. 2119 § 1, 2003; Ord. 2126 § 4, 2003; Ord. 2276 § 4, 2007; Ord. 2359 § 10, 2010; Ord. 2445 §§ 3, 5, 2015; Ord. 2604 § 2, 2021; Ord. 2633 § 2, 2022)" }, { "guid": "44650848", "number": "§ 40.03.045", "title": "Conditional uses permitted with an administrative use permit (AUP).", "text": "The following conditional uses may be permitted in an R-1 district subject to the granting of an administrative use permit (AUP):(a) Non-ministerial accessory dwelling unit. Accessory dwelling units that are not permitted pursuant to Section 40.26.450 (Ministerial accessory dwelling units and junior accessory dwelling units) shall be permitted subject to the granting of an administrative use permit and shall be known as non-ministerial accessory dwelling units. Non-ministerial accessory dwelling units shall comply with all of the requirements of Section 40.26.460.(b) Guest houses. Guest houses are conditionally allowable accessory structures, subject to the granting of an administrative use permit (AUP). Guest houses shall comply with all of the requirements of Section 40.26.470.", "history": "(Ord. 2445 § 5, 2015; Ord. 2553 § 3, 2019; Ord. 2572 § 4, 2020; Ord. 2602 § 8, 2021)" }, { "guid": "44650851", "number": "§ 40.03.050", "title": "Height regulations.", "text": "No principal building shall exceed two stories or thirty feet in height. No accessory building shall exceed one story or fifteen feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 8.5; Ord. 1786 § 1)" }, { "guid": "44650852", "number": "§ 40.03.060", "title": "Area, lot width, yard and open space requirements.", "text": "The following minimum requirements shall be observed, except where increased for conditional uses or as provided in Sections 40.27.040 through 40.27.080:(a) Lot area.(1) Zone R-1-15, fifteen thousand square feet.(2) Zone R-1-8, eight thousand four hundred square feet.(3) Zone R-1-6, seven thousand square feet corner lot; six thousand square feet interior lot.(b) Lot width.(1) Zone R-1-15, eighty feet.(2) Zone R-1-8, seventy feet.(3) Zone R-1-6, sixty-five feet corner lot; fifty-five feet interior lot.(c) Usable open space.(1) Zone R-1-8, twenty percent lot area.(2) Zone R-1-6, twenty percent lot area.(d) Lot coverage.(1) Not in excess of forty percent.(e) Side yards.(1) Zone R-1-15: street side yard, fifteen feet; interior side yard, eight feet; total both sides, twenty feet. If principal building is two stories or over (or any portion of a single-story building over twenty feet in height as measured to the exterior), that portion must meet the following minimum setbacks: one side, ten feet; total both sides, twenty-four feet, except for projections as permitted by Section 40.27.060.(2) Zones R-1-6 and R-1-8: street side yard, fifteen feet; interior side yard, five feet; side yards of three feet may be allowed if a tentative development plan showing twelve feet between future buildings is submitted by the subdivider and approved by the director. Total side yard, twelve feet, except for projections as permitted by Section 40.27.060. If the principal building is two stories or over (or any portion of a single-story building over twenty feet in height), that portion must meet the following minimum side setbacks: one side, ten feet; street side yard, fifteen feet. For those properties with a street side yard located along a street for which a corridor plan was accepted by the city council at a public hearing, the minimum street side yard setback shall be ten feet. The accepted corridor plan must have specific language relating to reduced setbacks for those properties fronting the corridor street.(f) Front yard.(1) Zone R-1-15, twenty-five feet, except as provided in Section 40.27.060.(2) Zone R-1-8, twenty feet, except as provided in Section 40.27.050 and projections as permitted by Section 40.27.060.(3) Zone R-1-6, twenty feet, except as provided in Section 40.27.050 and projections permitted by Section 40.27.060. For those properties with a front yard facing a street for which a corridor plan was accepted by the city council at a public hearing, the minimum front yard setback shall be ten feet. The accepted corridor plan must have specific language relating to reduced setbacks for those properties fronting the corridor street. Garage setbacks shall conform to the requirements of Section 40.27.050 of this Code.(g) Rear yard.(1) Zones R-1-6, R-1-8, R-1-15, twenty feet, except for any portion of a building over one story (or any portion of a single-story building over twenty feet in height as measured to the exterior), that portion must meet the following minimum setback: twenty-five feet.(2) The rear yard setback for corner lots in the R-1 district may be five feet, only if there is an unimproved area in the rear yard equal to the following computations:(A) Single-story principal buildings in R-1-6 and R-1-8 districts: lot width multiplied by twenty;(B) Two or more story principal buildings in R-1-6 and R-1-8 districts: lot width multiplied by twenty-five;(C) Single-story principal buildings in the R-1-15 district: lot width multiplied by twenty-five; and(D) Two or more story principal buildings in the R-1-15 district: lot width multiplied by thirty.(E) No dimension shall be less than twenty feet in making these computations.(h) Floor area ratio (FAR).(1) Up to forty percent plus up to five hundred square feet for garage or carport.(2) In excess of forty percent plus up to five hundred square feet for garage or carport with approval of a discretionary design review application pursuant to Article 40.31.(i) Attic conversions.(1) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(2) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with Uniform Building Code (UBC). Any dormers or similar structures provided to comply with the UBC required egress windows, shall not exceed the minimum size necessary to obtain the required egress.(3) No attic conversion shall be allowed if one of the following occurs:(A) The maximum stories allowed in the district have been achieved;(B) The number of stories that can be built on a lot are restricted (usually, restricted to one-story building).(4) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 296 § 8.6; Ord. 317 § 1; Ord. 329 § 1; Ord. 364 § 1; Ord. 469 § 1; Ord. 487 § 1; Ord. 524 § 1; Ord. 595 § 1; Ord. 637 § 1; Ord. 1109 § 1; Ord. 1768 § 3, 1994; Ord. 1817 §§ 1, 2; Ord. 2110 §§ 1, 2, 2003; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44650890", "number": "§ 40.03.070", "title": "Special conditions.", "text": "Site plan and architectural approval by the director or designee shall be required for all uses, unless specified otherwise in Section 40.31.040.", "history": "(Ord. 296 § 8.7; Ord. 1419 § 4; Ord. 1627 § 4; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44650893", "title": "RESIDENTIAL ONE- AND TWO-FAMILY (R-2) DISTRICTS", "number": "40.04", "url": "https://ecode360.com/44650893", "sha256": "8b4450d80843411e35b0b061199a726f876387bee7d1a351b87e7af7238f0cea", "exportedArticleSha256": "3961b06609a640635400accde1233c986c4b22afdc3b3dc3009014bac6521101", "sections": [ { "guid": "44650894", "number": "§ 40.04.010", "title": "Purpose.", "text": "The purpose of a residential one-and two-family (R-2) district is to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-2 district is intended for residences and community services appurtenant thereto.", "history": "(Ord. 296 § 9.1)" }, { "guid": "44650895", "number": "§ 40.04.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an R-2 district are as follows:(a) Up to two single-family dwellings per lot provided each unit has five or fewer bedrooms. If two single-family dwellings are located on one lot, they shall be exempt from the requirements of Sections 40.04.060(a) and (b) of this article.(b) Duplex or two-family dwellings provided each unit has five or fewer bedrooms.(c) Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.(d) Family and group day care homes as defined in Section 40.26.270.(e) Group care homes with six or fewer clients.(f) Supportive housing.(g) Transitional housing.", "history": "(Ord. 296 § 9.2; Ord. 316 § 4; Ord. 1123 § 2; Ord. 1198 § 1; Ord. 1787 § 4; Ord. 2276 § 3, 2007; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44650903", "number": "§ 40.04.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in an R-2 district:(a) Home occupations subject to the provisions of Sections 40.04.010 and 40.26.150.(b) Swimming pools, subject to the provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to requirements of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450 (Ministerial accessory dwelling units).", "history": "(Ord. 296 § 9.3; Ord. 875 § 4; Ord. 1357 § 8; Ord. 1419 § 5; Ord. 2119, § 1, 2003; Ord. 2126 § 5, 2003; Ord. 2572 § 5, 2020)" }, { "guid": "44650909", "number": "§ 40.04.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-2 district:(a) Public and semipublic buildings and uses of a recreational, educational, cultural or public service type, including public utility, but not including corporation yards, storage or repair yards, warehouses and similar uses.(b) Hospitals, churches and other religious and eleemosynary institutions, subject to the provisions of Section 40.26.160.(c) Temporary tract offices, subject to the provisions of Section 40.26.360.(d) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(e) Multiple dwellings meeting the area, lot width, open space, yard, parking, special conditions and height limitations applicable within the R-3-L district.(f) Commercial residential uses which do not qualify as permitted or accessory uses.(g) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(h) Non-ministerial accessory dwelling units. Accessory dwelling units that are not permitted pursuant to Section 40.26.450 (Ministerial accessory dwelling units and junior accessory dwelling units) shall be permitted subject to the granting of an administrative use permit and shall be known as non-ministerial accessory dwelling units. Non-ministerial accessory dwelling units shall comply with all of the requirements of Section 40.26.460.(i) Guest houses. Guest houses are conditionally allowable accessory structures, subject to the granting of an administrative use permit (AUP). Guest houses shall comply with all of the requirements of Section 40.26.470.(j) Residential dwellings with more than five bedrooms in the unit subject to the requirements of Section 40.26.255.(k) Residential dwellings with more than five bathrooms in the unit subject to the requirements of Section 40.26.256. Individual bathrooms shall not consist of more than one toilet fixture per bathroom with the exception of a bidet, and shall not contain more than two sinks, a shower, a bathtub or combination thereof.", "history": "(Ord. 296 § 9.4; Ord. 377 § 9; Ord. 396 § 1; Ord. 527 § 2; Ord. 805 § 1; Ord. 1357 § 9; Ord. 1786 § 2; Ord. 1787 § 5; Ord. 2034 § 6, 2000; Ord. 2113 § 1, 2003; Ord. 2126 §§ 3, 4, 2003; Ord. 2276 § 4, 2007; Ord. 2359 § 2, 2010; Ord. 2445 §§ 3, 6, 2015; Ord. 2553 § 4, 2019; Ord. 2572 § 6, 2020; Ord. 2602 § 9, 2021; Ord. 2633 § 3, 2022)" }, { "guid": "44650921", "number": "§ 40.04.050", "title": "Height regulations.", "text": "No principal building shall exceed two stories or thirty feet in height. No accessory building shall exceed one story or fifteen feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 9.5; Ord. 1786 § 1)" }, { "guid": "44650922", "number": "§ 40.04.060", "title": "Area, lot width and yard requirements.", "text": "The following minimum requirements shall be observed, except where increased for conditional uses or as provided in Sections 40.27.040 through 40.27.070:(a) Lot area. Single-family, seven thousand square feet corner lots and six thousand square feet interior lots.(b) Lot width. Single-family, sixty-five feet corner lots and fifty-five feet interior lots.(c) Usable open space. Single-family and two-family, twenty percent lot area.(d) Lot coverage. Forty percent.(e) Front yard. Twenty feet, except as provided in Section 40.27.050 and projections as permitted in Section 40.27.060.(f) Side yards. The requirements shall be the same as in the R-1-6 district.(g) Rear yard. The requirements shall be the same as in the R-1-6 district.(h) Floor area ratio (FAR).(1) Up to forty percent plus up to five hundred square feet for garage or carport.(2) In excess of forty percent plus up to five hundred square feet for garage or carport with approval of a discretionary design review application pursuant to Article 40.31.(i) Attic conversions.(1) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(2) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with Uniform Building Code (UBC). Any dormers or similar structures provided to comply with the UBC required egress windows, shall not exceed the minimum size necessary to obtain the required egress.(3) No attic conversion shall be allowed if one of the following occurs:(A) The maximum stories allowed in the district have been achieved;(B) The number of stories that can be built on a lot are restricted (usually, restricted to one-story building).(4) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 296 § 9.6; Ord. No 329 § 2; Ord. 354 § 1; Ord. 487 § 1; Ord. 594 §§ 1, 2; Ord. 690 § 1; Ord. 2110 § 1, 2003)" }, { "guid": "44650940", "number": "§ 40.04.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval shall be required for all uses.(b) Site plan and architectural approval shall be required for all applicable activities/projects as specified within areas where design guidelines have been adopted.", "history": "(Ord. 296 § 9.7; Ord. 1419 § 6; Ord. 1627 § 5; Ord. 2066 § 2, 2001; Ord. 2390 § 2, 2012; Ord. 2548 § 2, 2019; Ord. 2558 § 2, 2019; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44650944", "title": "RESIDENTIAL ONE- AND TWO-FAMILY CONSERVATION (R-2-CD) DISTRICT", "number": "40.04A", "url": "https://ecode360.com/44650944", "sha256": "7229322d046318b6902eb32ef2f0073444b38fe3a5f9f80edee84229dba5b746", "exportedArticleSha256": "27d85ce878a60005d13487c9057ac0f0c652223f450e32375ac8573cc6496480", "sections": [ { "guid": "44650945", "number": "§ 40.04A.010", "title": "Purpose.", "text": "The purpose of the residential one and two-family conservation district (R-2-CD) is to stabilize and protect the historic residential characteristics of the Old North Davis and Old East Davis residential neighborhoods within the city's adopted conservation overlay zoning district, and to promote and encourage a suitable environment for residential living. The R-2-CD district is intended for residences and community services appurtenant thereto.", "history": "(Ord. 2147 § 1, 2004)" }, { "guid": "44650946", "number": "§ 40.04A.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an R-2-CD district are as follows:(a) Up to two single-family dwellings per lot provided each unit has five or fewer bedrooms.(b) Duplex or two-family dwellings provided each unit has five or fewer bedrooms.(c) Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.(d) Family and group day care homes as defined in Section 40.26.270 of this chapter.(e) Group care homes with six or fewer clients.(f) Supportive housing.(g) Transitional housing.", "history": "(Ord. 2147 § 1, 2004; Ord. 2276 § 3, 2007; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44650954", "number": "§ 40.04A.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in the R-2-CD district:(a) Home occupations subject to the provisions of Sections 40.04A.090 and 40.26.150 of this chapter.(b) Swimming pools, subject to the provisions of Section 40.26.350 of this chapter.(c) Signs, subject to the regulations of Section 40.26.020 of this chapter.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to requirements of Section 40.26.010 (Accessory buildings/structures) of this chapter, except as modified within this article. The maximum footprint for any enclosed accessory structure is four hundred eighty square feet. The maximum height for any accessory building shall be fifteen feet except as provided for in Section 40.04A.050(b).(e) Accessory dwelling units. Accessory dwelling units meeting the requirements of Section 40.26.450.", "history": "(Ord. 2147 § 1, 2004; Ord. 2553 § 5, 2019; Ord. 2602 § 10, 2021)" }, { "guid": "44650960", "number": "§ 40.04A.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in the R-2-CD district:(a) Public and semi-public buildings and uses of a recreational, educational, cultural or public service type, including public utility, but not including corporation yards, storage or repair yards, warehouses and similar uses.(b) Hospitals, churches and other religious and eleemosynary institutions, subject to the provisions of Section 40.26.160.(c) Temporary tract offices, subject to the provisions of Section 40.26.360 of this chapter.(d) Nursery schools and day care centers, subject to the provisions of Section 40.26.270 of this chapter.(e) Multiple dwellings meeting the area, lot width, open space, yard, parking, special conditions and height limitations allowable within the R-3-L district.(f) Group care homes with more than six clients, subject to the provisions of Section 40.26.135 of this chapter.(g) Conversion of an existing non-conforming non-habitable accessory structure to a guest house as provided for in Section 40.04A.080 of this article; provided that:(1) The accessory structure was not constructed in violation of any zoning ordinance previously in effect in the district; and(2) The new use will not constitute a nuisance.(h) Residential dwellings with more than five bedrooms in the unit subject to the requirements Section 40.26.255.(i) Residential dwellings with more than five bathrooms in the unit subject to the requirements of Section 40.26.256. Individual bathrooms shall not consist of more than one toilet fixture per bathroom with the exception of a bidet, and shall not contain more than two sinks, a shower, a bathtub or combination thereof.", "history": "(Ord. 2147 § 1, 2004; Ord. 2276 § 4, 2007; Ord. 2602 § 11, 2021; Ord. 2633 § 4, 2022)" }, { "guid": "44650972", "number": "§ 40.04A.045", "title": "Conditional uses permitted with an administrative use permit (AUP).", "text": "The following conditional uses may be permitted in an R-2-CD district subject to the granting of an administrative use permit (AUP):(a) Non-ministerial accessory dwelling unit. Accessory dwelling units that are not permitted pursuant to Section 40.26.450 (Ministerial accessory dwelling units and junior accessory dwelling units) shall be permitted subject to the granting of an administrative use permit and shall be known as non-ministerial accessory dwelling units. Non-ministerial accessory dwelling units shall comply with all of the requirements of Section 40.26.460.(b) Guest houses. Guest houses are conditionally allowable accessory structures, subject to the granting of an administrative use permit (AUP). Guest houses shall comply with all the requirements of Section 40.26.470.", "history": "(Ord. 2602 § 12, 2021)" }, { "guid": "44650975", "number": "§ 40.04A.050", "title": "Height regulations.", "text": "(a) Principal buildings. No principal building shall exceed two stories or thirty feet in height.(b) Accessory buildings. No accessory building shall exceed fifteen feet in height, unless the accessory building is located in Old East Davis or on a lot on the east side of \"F\" Street, and the planning commission has approved a discretionary design review application to increase the maximum height to no more than thirty feet, pursuant to Section 40.040A.090 of this chapter.", "history": "(Ord. 2147 § 1, 2004)" }, { "guid": "44650978", "number": "§ 40.04A.060", "title": "Area, lot width and yard requirements.", "text": "The following minimum requirements shall be observed, except where increased for conditional uses or as provided in Section 40.04A.080 or 40.27.040 of this chapter:(a) Lot area. In Old North Davis, the minimum lot size for any lot adjoining an alley shall be five thousand six hundred twenty-five square feet, and the minimum lot size for any lot not adjoining an alley shall be six thousand square feet. In Old East Davis, the minimum lot size for all lots shall be five thousand two hundred fifty square feet.(b) Lot width. All lots shall be a minimum of fifty feet wide.(c) Usable open space. A minimum of twenty percent of the lot area shall be usable open space.(d) Lot coverage. Lot coverage shall not exceed forty percent, except that an accessory structure may, in combination with the primary structure, exceed the otherwise applicable maximum lot coverage, up to a maximum of fifty percent. Trellises are exempt from lot coverage calculations.(e) Rear yard coverage. No more than thirty percent of the square footage of the required rear yard area may be covered with impervious surfacing for parking and/or structures, unless the rear yard abuts an alley. If the rear yard abuts an alley, trellises and a maximum of two required parking spaces may be exempted from rear yard coverage calculations.(f) Front yard setback.(1) The least restrictive criteria shall apply to front yard setbacks:(A) The front yard setback is equal to the average front setback of all residences on both sides of the street within one hundred feet of the property lines of the new project; or(B) The front yard setback is equal to the average of the two immediately adjacent buildings.(2) Certain architectural features such as stoops, but not including porches that are an integral architectural element on the front of a house, and other minor covered entrances attached to the main building front may project into the required front setback by an additional five feet.(3) Accessory structures, including garages and carports, but excluding trellises and arbors, may not be located within the front half of the lot.(g) Side yard setback.(1) If a street side yard adjoins a sidewalk that is separated from the street by a planting strip, the minimum setback shall be ten feet. If a street side yard adjoins a sidewalk without a planting strip, the minimum setback shall be fifteen feet.(2) Interior Side Yards. The minimum side yard setback for any primary or accessory structure with an interior side yard shall be five feet, and the total side yard setback shall be a minimum of twelve feet. These setbacks shall not apply to projections as permitted by Section 40.27.060 or as otherwise provided for elsewhere in this section. If the principal building is at least two stories or exceeds twenty feet in height, then the setback for the one-story portion, or any portion less than twenty feet, shall be five feet. The setback for the two-story portion, or any portion of a single story structure that exceeds twenty feet in height, shall be ten feet.(3) Upon approval by the planning commission of a discretionary design review application, pursuant to Section 40.04A.090 of this chapter, if an accessory structure's side yard adjoins an alley, the required side yard setback of the accessory structure may be reduced from five feet to zero feet.(4) Upon approval by the planning commission of a discretionary design review application, pursuant to Section 40.04A.090 of this chapter, the required side yard setback for the second story of a two story structure (or for any portion of a one story structure that exceeds twenty feet in height) may be reduced from ten feet to no less than five feet. Consistent with the DTRN Design Guidelines, the planning commission shall consider, among other design considerations, the proposed building's mass and scale and the effect of reducing the setback on streetscape, neighbors' privacy and shading patterns.(5) Pursuant to the design review process set forth in Section 40.04A.090 of this chapter, any side yard setback may be reduced in order to encourage the clustering of garages and other accessory structures on adjacent properties and/or to protect historic landscaping.(h) Rear yard setback.(1) Except as otherwise provided for in this section, the minimum rear yard setback for the first story of a primary structure shall be twenty feet.(2) If a structure is over one story, the minimum rear yard setback for the first story shall be twenty feet, and the minimum rear yard setback for any portion of the structure that is over one story shall be twenty-five feet.(3) Corner Lots. The minimum rear yard setback for corner lots may be five feet, but only if there is an unimproved area in the rear yard that is equal to the open space square footage that would otherwise be required by this article. The open space square footage that would otherwise be required by this article is determined by making the following computation: by multiplying the lot width by twenty for any single-story principal building, or by multiplying the lot width by twenty-five for a principal building that is at least two stories.(4) The minimum rear yard set back for an accessory structure shall be ten feet, unless the accessory structure adjoins an alley, in which case the minimum rear yard setback shall be five feet. Upon approval by the planning commission of a discretionary design review application pursuant to Section 40.04A.090 of this chapter, the rear yard setback of an accessory structure may be reduced from ten feet to no less than five feet unless the rear yard of the lot adjoins an alley, in which case the rear yard setback may be reduced from five feet to zero feet.(i) Alley landscaping. Forty percent of the rear lot line adjoining an alley in Old North Davis shall be landscaped with plant materials. This alley landscaping requirement does not apply to Old East Davis.(j) Floor area ratio (FAR).(1) Gross square footage for purposes of determining FAR shall be measured in accordance with city council Resolution Number 02-03, Series 2002, as it reads now or may be amended in the future. FAR shall not exceed forty percent in addition to five hundred square feet for a garage or carport.(2) Upon approval of a discretionary design review application pursuant to Section 40.04A.090 of this chapter, the floor area ratio may exceed the standard set forth in Section 40.04A.060(j)(1).", "history": "(Ord. 2147 § 1, 2004)" }, { "guid": "44651005", "number": "§ 40.04A.070", "title": "Parking.", "text": "(a) Parking spaces shall be developed and maintained in accordance with Section 40.25.100 of this chapter, except that alternate surfacing materials and methods that further the goal of limiting hard surface paving will be encouraged and approved in accordance with Section 40.04A.090 of this article.(b) When covered parking is requested, trellises may be used to cover a parking space. If a detached trellis is used to cover parking spaces, the side yard setback for the trellis may be reduced to zero, so long as all building code requirements have been met and the trellis is no greater than the minimum size needed to cover one parking space.", "history": "(Ord. 2147 § 1, 2004; Ord. 2602 § 13, 2021; Ord. 2677, 11/4/2025)" }, { "guid": "44651020", "number": "§ 40.04A.080", "title": "Special exceptions for existing legal nonconforming structures.", "text": "The provisions elsewhere in this article and in Article 40.28 of this chapter shall apply to all existing legal nonconforming uses and structures except as follows:(a) Conversion of nonhabitable accessory structures. The planning commission may grant a use permit in accordance with Section 40.04A.040 of this article to allow a legal, nonconforming, nonhabitable accessory structure to be converted to habitable space, providing findings as provided for in Section 40.04A.040 of this article are adopted and further that any changes to the structure are approved in accordance with Section 40.04A.090 and Article 40.31 of this chapter.(b) Replacement of damaged or destroyed legal nonconforming structures. Notwithstanding Section 40.28.110 of this chapter, up to one hundred percent of a legal nonconforming structure damaged up to one hundred percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, may be restored or rebuilt as it was before the damage, without expansion, provided that substantial construction shall commence within eighteen months of the damage or destruction.", "history": "(Ord. 2147 § 1, 2004)" }, { "guid": "44651023", "number": "§ 40.04A.090", "title": "Design review.", "text": "Site plan and architectural approval shall be required for all applicable activities and projects as specified within the adopted \"Davis Downtown and Traditional Residential Neighborhoods Design Guidelines\" and in accordance with Articles 40.13A, 40.31 and 40.39 of this chapter.", "history": "(Ord. 2147 § 1, 2004)" } ] }, { "guid": "44651024", "title": "(RESERVED)", "number": "40.05", "url": "https://ecode360.com/44651024", "sha256": "c32d03ef3bfb24d5051ae7c25f4ea3658def33361789afef93339357db730639", "exportedArticleSha256": "a9689ef3fc531ae0854f0f08c22ebb79a4cf00ac49e3dde2ddc8be5963d6b7d7", "sections": [] }, { "guid": "44651079", "title": "RESIDENTIAL RESTRICTED (R-R) DISTRICT", "number": "40.06", "url": "https://ecode360.com/44651079", "sha256": "c8e81df5d04afeeb87b157b35e1adb8f6d5480dd6f6e315f1efe64dfa5667009", "exportedArticleSha256": "53e39cf1c253089ad0612e90961b02794bef4437f90afdd3ab17a8dc92aa1688", "sections": [ { "guid": "44651080", "number": "§ 40.06.010", "title": "Purpose.", "text": "The purpose of a residential restricted (R-R) district is to stabilize and protect the residential character of the district, to promote university oriented uses and to insure that new uses harmonize with the existing development in terms of architectural design and general landscaping plan.", "history": "(Ord. 452 § 1)" }, { "guid": "44651081", "number": "§ 40.06.020", "title": "Permitted uses.", "text": "The principal permitted uses in an R-R district are as follows:(a) Single-family dwellings with five or fewer bedrooms.(b) Family and group day care homes as defined in Section 40.26.270.(c) Group care homes with six or fewer clients.(d) Supportive housing.(e) Transitional housing.", "history": "(Ord. 452 § 1; Ord. 1198 § 2; Ord. 1787 § 8; Ord. 2276 § 3, 2007; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651087", "number": "§ 40.06.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in an R-R district:(a) Home occupations, subject to the provisions of Sections 40.01.010 and 40.26.150.(b) Swimming pools, subject to the provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450 (Ministerial accessory dwelling units).", "history": "(Ord. 452 § 1; Ord. 875 § 5; Ord. 2126 § 5, 2003; Ord. 2572 § 7, 2020)" }, { "guid": "44651093", "number": "§ 40.06.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-R district:(a) Public and semipublic uses.(b) Living groups or other organized groups of university students, faculty members or employees, who have elected officers, who are self-governed and who do not discriminate on the basis of race, religion or national origin.(c) Professional and administrative offices.(d) Duplexes.(e) Medical clinics.(f) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(g) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(h) Cooperative housing, as defined in Section 40.01.010.(i) Residential dwellings with more than five bedrooms in the unit subject to the requirements of Section 40.26.255.(j) Single room occupancy (SRO) units.(k) Residential dwellings with more than five bathrooms in the unit subject to the requirements of Section 40.26.256. Individual bathrooms shall not consist of more than one toilet fixture per bathroom with the exception of a bidet, and shall not contain more than two sinks, a shower, a bathtub or combination thereof.", "history": "(Ord. 452 § 1; Ord. 862 § 3; Ord. 1198 § 6; Ord. 1737 § 4, 1994; Ord. 1786 § 2; Ord. 1787 § 9; Ord. 2276 § 4, 2007; Ord. 2413 § 4, 2013; Ord. 2572 § 7, 2020; Ord. 2633 § 5, 2022)" }, { "guid": "44651105", "number": "§ 40.06.050", "title": "Height regulations.", "text": "No principal building shall exceed two stories or thirty feet in height. No accessory building shall either exceed one story or fifteen feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 452 § 1; Ord. 1786 § 1)" }, { "guid": "44651106", "number": "§ 40.06.060", "title": "Area, lot width and yard requirements.", "text": "The following minimum requirements shall be observed, except as provided in Sections 40.27.040 through 40.27.070:(a) Lot area. Eighty-eight hundred square feet.(b) Usable open space. Twenty-five percent of gross area.(c) Lot coverage. Not more than forty percent of the area.(d) Lot width. Seventy feet.(e) Front yard. Twenty feet.(f) Side yard. Ten feet.(g) Rear yard. Thirty feet.(h) Floor area ratio (FAR).(1) Up to forty percent plus up to five hundred square feet for garage or carport.(2) In excess of forty percent plus up to five hundred square feet for garage or carport with approval of a discretionary design review application pursuant to Article 40.31.(i) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(j) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with California Building Code (CBC). Any dormers or similar structures provided to comply with the CBC required egress window, shall not exceed the minimum size necessary to obtain the required egress.(k) No attic conversion shall be allowed if one of the following occurs:(1) The maximum stories allowed in the district have been achieved.(2) The number of stories that can be built on a lot are restricted (usually restricted to one story building).(l) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 452 § 1; Ord. 2110 § 1, 2003; Ord. 2572 § 7, 2020)" }, { "guid": "44651123", "number": "§ 40.06.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval by the director or designee shall be required for all uses.(b) Where a use adjoins an R-1 district, a solid wall, fence or hedge seven feet in height shall be located on the property line, except in a required front yard. Such fence shall be landscaped with hardy vines, shrubs or trees for its entire length.", "history": "(Ord. 452 § 1; Ord. 1627 § 6; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651127", "title": "RESIDENTIAL ONE- AND TWO-FAMILY AND MOBILE HOME (R-2-MH) DISTRICT", "number": "40.07", "url": "https://ecode360.com/44651127", "sha256": "8203c75206f86d5ee4e92ae9a1d1eab5026dc11f6ea59ed63653929449f4abb3", "exportedArticleSha256": "a8f1e017e44a6598cd3305d4effd66c0c58d6f52f8d3080f7b92eb36efc60562", "sections": [ { "guid": "44651128", "number": "§ 40.07.010", "title": "Purpose.", "text": "The purpose of a residential one-and two-family and mobile home (R-2-MH) district is to provide areas where, with appropriate conditions relating to size, location, landscaping, density, off-street parking, open spaces and traffic circulation, mobile home parks can be maintained harmoniously with residential one-and two-family residences. Mobile home spaces shall be leased for mobile homes possessed by the individual lessee, but there shall be no subletting of the same, nor shall the renting or leasing of mobile homes be permitted by the owner or operator of the mobile home park. Such districts shall be situated in transitional areas wherein changes from low density residential to higher density residential, commercial or industrial uses are being accomplished.", "history": "(Ord. 501 § 1)" }, { "guid": "44651129", "number": "§ 40.07.020", "title": "Permitted uses.", "text": "The principal permitted uses in an R-2-MH district are as follows:(a) Single-family dwellings.(b) Duplex or two-family dwellings.(c) Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.(d) Family and group day care homes as defined in Section 40.26.270.(e) Group care homes with six or fewer clients.(f) Supportive housing.(g) Transitional housing.", "history": "(Ord. 501 § 1; Ord. 1198 § 1; Ord. 1787 § 10; Ord. 2677, 11/4/2025)" }, { "guid": "44651135", "number": "§ 40.07.030", "title": "Accessory uses.", "text": "The following accessory uses shall be permitted in an R-2-MH district:(a) Home occupations and professional offices, subject to the provisions of Section 40.26.150.(b) Swimming pools, subject to the provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450.", "history": "(Ord. 501 § 1; Ord. 2119 § 1, 2003; Ord. 2126 § 5, 2003; Ord. 2602 § 14, 2021)" }, { "guid": "44651141", "number": "§ 40.07.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-2-MH district:(a) Public and semipublic buildings and uses of a recreational, educational, cultural or public service type, including public utility, but not including corporation yards, warehouses and similar uses.(b) Hospitals, churches and other religious or eleemosynary institutions, subject to the provisions of Section 40.26.160.(c) Temporary tract offices subject to the provisions of Section 40.26.360.(d) Mobile home parks, subject to the provisions of Section 40.26.370.(e) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(f) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.", "history": "(Ord. 501 § 1; Ord. 1198 § 6; Ord. 1786 § 2; Ord. 1787 § 11; Ord. 2113 § 1, 2003; Ord. 2572 § 8, 2020)" }, { "guid": "44651148", "number": "§ 40.07.050", "title": "Area, lot width and yard requirements.", "text": "(a) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(b) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with California Building Code (CBC). Any dormers or similar structures provided to comply with the CBC required egress window, shall not exceed the minimum size necessary to obtain the required egress.(c) No attic conversion shall be allowed if one of the following occurs:(1) The maximum stories allowed in the district have been achieved.(2) The number of stories that can be built on a lot are restricted (usually restricted to one story building.)(d) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 2572 § 8, 2020)" } ] }, { "guid": "44651155", "title": "RESIDENTIAL GARDEN APARTMENT (R-3) DISTRICT", "number": "40.08", "url": "https://ecode360.com/44651155", "sha256": "13c82e7ead112d7f488310b4b12ae4e2f5e69e7b4106e1d237f2d2fb04b028a1", "exportedArticleSha256": "ebd00b0da9ec468694c8d28c2fd628f03c25229b1842ef3b0bc7c2e8febbc685", "sections": [ { "guid": "44651156", "number": "§ 40.08.010", "title": "Purpose.", "text": "The purpose of a residential garden apartment (R-3) district is to stabilize and protect the residential character of the district, and to promote, insofar as compatible with the intensity of land use, a suitable environment for family life.", "history": "(Ord. 296 § 10.1)" }, { "guid": "44651157", "number": "§ 40.08.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an R-3 district are as follows:(a) Single-family dwellings and duplexes.(b) Multiple dwellings.(c) Agriculture, except the raising of animals or fowl for commercial purposes or the sale of any products at retail on the premises.(d) Family and group day care homes as defined in Section 40.26.270.(e) Group care homes with six or fewer clients.(f) Cooperative housing, as defined in Section 40.01.010.(g) Supportive housing.(h) Transitional housing.", "history": "(Ord. 296 § 10.2; Ord. 862 § 2; Ord. 1198 § 1; Ord. 1737 § 5, 6, 1994; Ord. 1787 § 12; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651166", "number": "§ 40.08.030", "title": "Accessory uses.", "text": "The following accessory uses shall be permitted in an R-3 district:(a) Home occupations, subject to the provisions of Sections 40.01.010 and 40.26.150.(b) Swimming pools, subject to the provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to requirements of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450 (Ministerial accessory dwelling units).", "history": "(Ord. 296 § 10.3; Ord. 875 § 7; Ord. 1357 § 10; Ord. 1419 § 7; Ord. 2126 § 5, 2003; Ord. 2359 § 4, 2010; Ord. 2572 § 9, 2020)" }, { "guid": "44651172", "number": "§ 40.08.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-3 district:(a) Boarding houses for any number of guests.(b) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(c) Public and semipublic buildings and uses of a recreational, educational, religious, cultural or public service type, including public utility, but not including corporation yards, storage or repair yards, warehouses and similar uses.(d) Medical clinics, and laboratories that meet a B occupancy in the California Building Code, in the R-3-M district.(e) Professional and administrative offices in the R-3-M district.(f) Hospitals, churches and other religious or eleemosynary institutions, subject to the provisions of Section 40.26.160.(g) Social halls, lodges, fraternal organizations and clubs, except those operated for a profit.(h) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(i) Living groups, subject to the provisions of Section 40.26.260.(j) Single room occupancy (SRO) units.", "history": "(Ord. 296 § 10.4; Ord. 377 § 9; Ord. 416 § 2; Ord. 501 § 2; Ord. 862 § 2; Ord. 1357 § 11; Ord. 1419 § 8, 9; Ord. 1737 § 7, 1994; Ord. 1786 § 2; Ord. 1787 § 13; Ord. 2113 § 1, 2003; Ord. 2413 § 4, 2013; Ord. 2572 § 9, 2020)" }, { "guid": "44651183", "number": "§ 40.08.050", "title": "Height regulations.", "text": "No principal building shall exceed three stories or thirty-eight feet in height. No accessory building shall exceed two stories or twenty-five feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 10.5; Ord. 1786 § 1)" }, { "guid": "44651184", "number": "§ 40.08.060", "title": "Area, lot width, open space and yard requirements.", "text": "The following minimum requirements shall be observed, except where increased for the conditional uses, or as provided in Sections 40.27.040 to 40.27.070:(a) Lot area.(1) Zone R-3-L, seventy-five hundred square feet.(2) Zone R-3-M, seventy-five hundred square feet.(b) Usable open space.(1) Zone R-3-L. Each efficiency apartment, six hundred square feet. Each one-bedroom apartment, six hundred square feet. Each two-bedroom apartment, six hundred fifty square feet. Each additional bedroom, fifty square feet. Twenty-five percent of the lot area shall be devoted to open space in the case of rooming and boarding houses and dwellings occupied by living groups.(2) Zone R-3-M. Each efficiency apartment, three hundred square feet. Each one-bedroom apartment, three hundred fifty square feet. Each two-bedroom apartment, four hundred square feet. Each additional bedroom, fifty square feet. Twenty-five percent of the lot area shall be devoted to open space in the case of rooming and boarding houses and dwellings occupied by living groups.(c) Lot coverage. Forty percent.(d) Lot width. Zones R-3-L and R-3-M, seventy feet.(e) Front yards. Zones R-3-L and R-3-M, twenty feet.(f) Side yards. Zones R-3-L and R-3-M. Street side yard, fifteen feet. Interior side yard, one side, six feet, total both sides, eighteen feet. If the principal building is three or three and one-half stories, one side, twelve feet, total both sides, thirty feet.(g) Rear yard. Zones R-3-L and R-3-M, fifteen feet. If the principal building is two or two and one-half stories, twenty feet. If the principal building is three or three and one-half stories, twenty-five feet.(h) Lot area per dwelling unit.(1) Zone R-3-L:(A) Efficiency apartment, nine hundred square feet.(B) One bedroom apartment, one thousand two hundred fifty square feet.(C) Two or more bedroom apartment, one thousand four hundred square feet.(2) Zone R-3-M:(A) Efficiency apartment, seven hundred fifty square feet.(B) One bedroom apartment, nine hundred square feet.(C) Two or more bedroom apartment, one thousand one hundred fifty square feet.(i) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(j) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with California Building Code (CBC). Any dormers or similar structures provided to comply with the UBC required egress window, shall not exceed the minimum size necessary to obtain the required egress.(k) No attic conversion shall be allowed if one of the following occurs:(1) The maximum stories allowed in the district have been achieved.(2) The number of stories that can be built on a lot are restricted (usually restricted to one story building.)(l) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 296 § 10.6; Ord. 312 § 1; Ord. 360 § 1; Ord. 503; Ord. 862 § 4; Ord. 2572 § 9, 2020)" }, { "guid": "44651211", "number": "§ 40.08.070", "title": "Special conditions.", "text": "Site plan and architectural approval by the director or designee shall be required for all uses.", "history": "(Ord. 296 § 10.7; Ord. 316 § 5; Ord. 333 § 2; Ord. 600 § 1; Ord. 1627 § 7; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651214", "title": "RESIDENTIAL HIGH DENSITY APARTMENT (R-HD) DISTRICT", "number": "40.09", "url": "https://ecode360.com/44651214", "sha256": "ed7610a0ac67369110a018b33ca4289682608d2e450752dbbcfceb3afd6fc5b1", "exportedArticleSha256": "71328046332a22b26d9359442465cbcbfa709b0b4499e952dc37fe485c0a8d14", "sections": [ { "guid": "44651215", "number": "§ 40.09.010", "title": "Purpose.", "text": "The purpose of a residential high density apartment (R-HD) district is to stabilize and protect the residential character of the district, and to promote, insofar as is compatible with the intensity of land use, a suitable environment for family life. This district is to be established in areas in close proximity to the central commercial area of the city or the university.", "history": "(Ord. 296 § 11.1)" }, { "guid": "44651216", "number": "§ 40.09.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an R-HD district are as follows:(a) Single-family dwellings and duplexes.(b) Dwellings, multiple.(c) Rooming and boarding houses.(d) Family and group day care homes as defined in Section 40.26.270.(e) Group care homes with six or fewer clients.(f) Cooperative housing, as defined in Section 40.01.010.(g) Supportive housing.(h) Transitional housing.", "history": "(Ord. 296 § 11.2; Ord. 862 § 5; Ord. 1198 § 1; Ord. 1737 §§ 8, 9, 1994; Ord. 1787 § 14; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651225", "number": "§ 40.09.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in an R-HD district:(a) Home occupations subject to the provisions of Sections 40.01.010 and 40.26.150.(b) Swimming pools, private, subject to provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to provisions of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450 (Ministerial accessory dwelling units).", "history": "(Ord. 296 § 11.3; Ord. 875 § 8; Ord. 2126 § 5, 2003; Ord. 2572 § 10, 2020)" }, { "guid": "44651231", "number": "§ 40.09.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-HD district:(a) Social halls, lodges, fraternal organizations and clubs, except those operated for a profit, subject to the provisions of Section 40.26.090.(b) Public and semipublic buildings and uses of a recreational, educational, cultural or public service type, including public utility, but not including corporation yards, storage or repair yards, warehouses and similar uses.(c) Hospitals, churches and other religious or eleemosynary institutions, subject to the provisions of Section 40.26.160.(d) Student oriented commercial uses may be permitted on the ground floor; provided, that the following conditions are found to exist:(1) Such uses conform to the intent of the master plan of the city;(2) Such uses are of the type that would primarily serve college students who would approach the area by bicycle or by walking;(3) There shall be vehicular access to the property from more than one public street or alley;(4) Access to an off-street loading area to serve the property shall exist from more than one public street or alley; provided, that the requirement of one such public street or alley required by this paragraph and paragraph (d)(3) of this section may be waived if the property fronts on a pedestrian or bicycle mall.(e) Nursery schools and day care centers, subject to the provisions of Section 40.26.270.(f) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(g) Living groups, subject to the provisions of Section 40.26.260.(h) Single room occupancy (SRO) units.", "history": "(Ord. 296 § 11.4; Ord. 391 § 1; Ord. 394 § 1; Ord. 506 § 1; Ord. 1198 § 6; Ord. 1737 § 10, 1994; Ord. 1786 § 2; Ord. 1787 § 15; Ord. 2113 § 1, 2003; Ord. 2413 § 4, 2013; Ord. 2572 § 10, 2020)" }, { "guid": "44651244", "number": "§ 40.09.050", "title": "Height regulations.", "text": "No building shall exceed one hundred feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 11.5)" }, { "guid": "44651245", "number": "§ 40.09.060", "title": "Area, lot width, open space and yard requirements.", "text": "The following minimum requirements shall be observed, except where increased for conditional uses or as provided in Sections 40.27.040 to 40.27.070:(a) Lot area. Seventy-five hundred square feet.(b) Lot width. Seventy feet.(c) Usable open space. Each efficiency apartment, two hundred square feet. Each one-bedroom apartment, two hundred square feet. Each two-bedroom apartment, two hundred fifty square feet. Each additional bedroom, fifty square feet. Twenty-five percent of the lot area shall be devoted to open space in the case of rooming and boarding houses and dwellings occupied by living groups.(d) Floor area ratio. The floor area of the building shall not exceed two times the area of the lot.(e) Maximum lot coverage. Fifty percent.(f) Yard requirements. The following minimum yards shall be required:(1) Front Yard. Ten feet, except as modified by Section 40.27.050.(2) Side Yard, Interior. Five feet.(3) Side Yard, Street. Ten feet.(4) Rear Yard. Ten feet.The required yards shall be increased by one foot for each three feet the building height exceeds twelve feet.(g) Lot area per dwelling unit.(1) Efficiency apartment, five hundred square feet.(2) One bedroom apartment, seven hundred square feet.(3) Two bedroom apartment, eight hundred square feet.(h) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(i) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with California Building Code (CBC). Any dormers or similar structures provided to comply with the CBC required egress window, shall not exceed the minimum size necessary to obtain the required egress.(j) No attic conversion shall be allowed if one of the following occurs:(1) The maximum stories allowed in the district have been achieved.(2) The number of stories that can be built on a lot are restricted (usually restricted to one story building.)(k) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 296 § 11.6; Ord. 312 § 2; Ord. 503 § 1; Ord. 862 § 6; Ord. 2572 § 10, 2020)" }, { "guid": "44651266", "number": "§ 40.09.070", "title": "Special conditions.", "text": "Site plan and architectural approval by the director or designee shall be required for all uses.", "history": "(Ord. 296 § 11.7; Ord. 316 § 6; Ord. 600 § 2; Ord. 1627 § 8; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651269", "title": "RESIDENTIAL TRANSITIONAL (R-T) DISTRICT", "number": "40.10", "url": "https://ecode360.com/44651269", "sha256": "49e32f4bb49980ae1fa6eaaa19ffeaea613d0b8f18af2f0b9a3aa382a42c3218", "exportedArticleSha256": "f20f43f695c063fc84b0e995e379094dd5308100f61225ec0e2e692eb89f8684", "sections": [ { "guid": "44651270", "number": "§ 40.10.010", "title": "Purpose.", "text": "The purpose of a residential transitional (R-T) district is to provide areas which will tend to separate intense commercial development from residential development. These areas are intended to contain uses which are not detrimental to other uses in the district nor to the uses in areas they separate.", "history": "(Ord. 296 § 12.1)" }, { "guid": "44651271", "number": "§ 40.10.020", "title": "Permitted uses.", "text": "The principal permitted uses in an R-T district are as follows:(a) Apartments and motels.(b) Professional and administrative offices.(c) Group care homes with six or fewer clients.(d) Cooperative housing, as defined in Section 40.01.010.(e) Supportive housing.(f) Transitional housing.", "history": "(Ord. 296 § 12.2; Ord. 1737 §§ 11, 12, 1994; Ord. 1787 § 16; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651278", "number": "§ 40.10.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in a R-T district:(a) Accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to provisions of Section 40.26.010.(b) Signs, subject to the regulations of Section 40.26.020.(c) Home occupations, subject to provisions of Section 40.01.010 and Section 40.26.150.", "history": "(Ord. 296 § 12.3; Ord. 875 § 9)" }, { "guid": "44651282", "number": "§ 40.10.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an R-T district:(a) Public and semipublic, including public utility, uses and institutions.(b) Student-oriented commercial uses may be permitted on the ground floor; provided, that the following conditions are found to exist:(1) Such uses conform to the intent of the master plan of the city;(2) Such uses are of the type that would primarily serve college students who would approach the area by bicycle or by walking;(3) There shall be vehicular access to the property from more than one public street or alley;(4) Access of an off-street loading area to serve the property shall exist from more than one public street or alley; provided, that the requirement of one such public street or alley required by this paragraph and subsection (b)(3) of this section may be waived if the property fronts on a pedestrian or bicycle mall.(c) Hospitals, churches and other religious or eleemosynary institutions, subject to the provisions of Section 40.26.160.(d) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(e) Living groups, subject to the provisions of Section 40.26.260.(f) Single room occupancy (SRO) units.", "history": "(Ord. 296 § 12.4; Ord. 391 § 2; Ord. 394 § 2; Ord. 416 § 2; Ord. 506 § 1; Ord. 1737 § 13, 1994; Ord. 1786 § 2; Ord. 1787 § 17; Ord. 2113 § 1, 2003; Ord. 2413 § 4, 2013; Ord. 2572 § 11, 2020)" }, { "guid": "44651293", "number": "§ 40.10.050", "title": "Height regulations.", "text": "No building shall exceed one hundred feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 12.5)" }, { "guid": "44651294", "number": "§ 40.10.060", "title": "Open space, floor area ratio and yard requirements.", "text": "The following area, yard, etc., requirements shall be met in an R-T district:(a) Usable open space. Each efficiency apartment, two hundred square feet. Each one-bedroom apartment, two hundred square feet. Each two-bedroom apartment, two hundred fifty square feet. Each additional bedroom, fifty square feet. Twenty-five percent of the lot area shall be devoted to open space in the case of rooming and boarding houses and dwellings occupied by living groups.(b) Floor area ratio. The total floor area of a building shall not exceed two times the area of the lot.(c) Maximum lot coverage. Fifty percent.(d) Yard requirements. The following minimum yards shall be required except for projections permitted by Section 40.27.060:(1) Front Yard. Ten feet, except as modified by Section 40.27.050.(2) Side Yard, Interior. Five feet.(3) Side Yard, Street. Ten feet.(4) Rear Yard. Ten feet.The required yards shall be increased by one foot for each three feet the building height exceeds twelve feet.(e) Lot area. Seven thousand five hundred square feet.(f) Lot area per dwelling unit. Eight hundred square feet.(g) For the purpose of setback determination, a converted attic space shall have the same setbacks as the story directly below it in all residential districts.(h) No exterior changes to the existing roofline of the structure shall be allowed except for the provision of egress windows or doors in compliance with California Building Code (CBC). Any dormers or similar structures provided to comply with the CBC required egress window, shall not exceed the minimum size necessary to obtain the required egress.(i) No attic conversion shall be allowed if one of the following occurs:(1) The maximum stories allowed in the district have been achieved.(2) The number of stories that can be built on a lot are restricted (usually restricted to one story building.)(j) If no restrictions apply and the maximum stories allowed in the district have not been achieved, a building permit only would be required for the attic conversion.", "history": "(Ord. 296 § 12.6; Ord. 316 § 7; Ord. 862 § 7; Ord. 2572 § 11, 2020)" }, { "guid": "44651311", "number": "§ 40.10.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval by the director or designee shall be required for all uses.(b) All required yards shall be planted.", "history": "(Ord. 296 § 12.7; Ord. 316 § 8; Ord. 600 § 3; Ord. 1627 § 9; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651315", "title": "(RESERVED)", "number": "40.11", "url": "https://ecode360.com/44651315", "sha256": "79f1653a6acf932ff49faed938a693cd68ba9337e24d810cc6c7a18067c02f52", "exportedArticleSha256": "5a34c0a8bfceb1f6760acb1d338d0f117b88af4791a03e5d626ddb509b6726eb", "sections": [] }, { "guid": "44651376", "title": "COMMERCIAL NEIGHBORHOOD (C-N) COMBINING DISTRICT", "number": "40.12", "url": "https://ecode360.com/44651376", "sha256": "7262100709848bc9e244923511dd2a1b43e62b62d9d32ac3d90a81a42e7417b3", "exportedArticleSha256": "4df808887e7613a1e9660378a2ca720b48473625856acede4b0642eeadf35f40", "sections": [ { "guid": "44651377", "number": "§ 40.12.010", "title": "Purpose.", "text": "The purpose of a commercial neighborhood (C-N) combining district is to provide a neighborhood center for convenience shopping and services. Such centers should be of a size and design which are compatible with the surrounding neighborhood and which will not substantially impair the general plan objective that the major concentration of commercial development shall be located in the city's core area.The commercial neighborhood (C-N) combining district may only be combined with the planned development (PD) district and the regulations of both districts shall be applicable; provided, that where a conflict between regulations occurs, the regulations specified in this article shall prevail.", "history": "(Ord. 296 § 14.1; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2)" }, { "guid": "44651378", "number": "§ 40.12.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in a C-N combining district are as follows:(a) Neighborhood retail services.(b) Professional and administrative offices.(c) Neighborhood personal services.(d) Financial services including banks, credit unions(e) Exercise studios or classes, yoga studios, martial arts studios, dance studios, occupying less than ten thousand gross square feet.(f) Animal care. Uses typically include, but are not limited to, animal clinics, large and small animal hospitals, and kennels that operate entirely within a wholly enclosed building.(g) Other uses which the director finds to be consistent with the purpose of this article.", "history": "(Ord. 296 § 14.2; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2)" }, { "guid": "44651386", "number": "§ 40.12.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in a C-N combining district:(a) Accessory uses and buildings customarily appurtenant to a permitted use, subject to the requirements of Section 40.26.010.(b) Signs, subject to the regulations in Section 40.26.020.(c) Reverse vending machines and small recycling collection facilities complying with the standards set forth in Sections 40.24.100 and 40.24.110.(d) Billiards/pool hall with two or fewer tables that are not the sole or principal use.", "history": "(Ord. 296 § 14.3; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2; Ord. 1450 § 2; Ord. 1788 § 2)" }, { "guid": "44651391", "number": "§ 40.12.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in a C-N combining district:(a) Public and semipublic uses.(b) Not more than one auto service station, subject to the provisions of Section 40.26.130.(c) Recreational and entertainment facilities, nursery schools, daycare centers and horticultural nurseries.(d) Restaurants where liquor is provided.(e) Reverse vending machines and small recycling collection facilities not complying with the standards contained in Sections 40.24.100 and 40.25.090.(f) Billiards/pool hall with two or fewer tables that are the sole or principal use or with three or more tables complying with the standards set forth in Section 40.26.055.(g) Drive-through facilities, subject to the provisions of Section 40.26.420.", "history": "(Ord. 296 § 14.4; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2; Ord. 864 § 1; Ord. 1018 § 1; Ord. 1450 §§ 3, 4; Ord. 1739 § 2; Ord. 1788 § 3; Ord. 2113 § 1, 2003; Ord. 2572 § 13 2020)" }, { "guid": "44651399", "number": "§ 40.12.050", "title": "Height regulations.", "text": "No building in a C-N combining district shall exceed fifteen feet within seventy-five feet of any R-1 or R-2 district, otherwise two and one-half stories or thirty feet in height.", "history": "(Ord. 296 § 14.5; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2)" }, { "guid": "44651400", "number": "§ 40.12.060", "title": "Area requirements.", "text": "The following requirements shall be observed in a C-N combining district:(a) Maximum gross leasable area for all uses in the district shall be fifty thousand square feet.(b) Maximum gross leasable areas per use.(1) One building or portion thereof used primarily as a food store, shall not exceed forty thousand gross leasable square feet, subject to the following timing:(A) Building permits shall not be issued for additions to existing food stores that will cause the total store size to exceed twenty-five thousand gross leasable square feet up to a maximum size of forty thousand gross leasable square feet, in shopping centers that do not contain a second anchor tenant, prior to June 1, 1992, with an anticipated completion of construction date of December 1, 1992. Prior to June 1, 1992, one building or portion thereof used primarily as a food store, shall not exceed twenty-five thousand gross leasable square feet for stores in shopping centers without a second anchor tenant.(B) Building permits shall not be issued for additions to existing food stores that will cause the total store size to exceed twenty-five thousand gross leasable square feet, up to a maximum size of forty thousand gross leasable square feet, in shopping centers that contain a second anchor tenant, prior to September 1, 1992, with an anticipated completion of construction date of December 1, 1992. Prior to September 1, 1992, one building or portion thereof used primarily as a food store shall not exceed twenty-five thousand gross leasable square feet for stores in shopping centers with a second anchor tenant.(C) A certificate of occupancy shall not be issued and full operation of any new food store shall not commence prior to December 1, 1992.(2) One additional building or portion thereof not to be used primarily as a food store, not to exceed fifteen thousand gross leasable square feet.(3) Any building or other use proposed under this article shall not exceed five thousand gross leasable square feet.(4) The size of the additional building or portion thereof specified in subsection (b)(2) of this section may be increased to a maximum of thirty-five thousand square feet if a specific determination is made that such increase in floor area is desirable in order to meet neighborhood service needs and that such increase will otherwise carry out the purpose of this article as expressed in Section 40.12.010. No such increase shall affect the maximum area limitations imposed by subsections (a), (b)(1), and (b)(3) of this section; except that this maximum limitation of subsection (a) of this section may be increased to seventy thousand gross leasable square feet to the extent that the size of the additional store has been increased pursuant to this subsection.(5) No use or building, which is primarily a food store, may be contiguous to the food store permitted in subsection (b)(1) of this section.(c) Front yard and side yard, street setbacks: twenty feet.(d) Rear yard and side yard, interior setbacks: none, except when abutting an R district, and then not less than twenty feet.(e) Landscaping. In addition to parking and screening, landscaping must cover a minimum of ten percent of the site and must be provided in accordance with provisions of Section 40.26.250. Innovative design, however, can be substituted with approval. Approval by the director or designee is required. Tree planting or shade trees are to be distributed throughout parking areas. Bays surrounding the trees are to be of sufficient size to insure that trees will be able to mature. Landscaping shall be designed to assure screening of loading, storage, refuse and other unsightly areas of the center.", "history": "(Ord. 296 § 14.6; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2; Ord. 984 § 1; Ord. 920 § 1; Ord. 1589 § 1; Ord. 1627 § 16; Ord. 1844 § 1; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44651414", "number": "§ 40.12.070", "title": "Special conditions.", "text": "With a C-N combining district:(a) Unless specifically provided otherwise in the final planned development, each principal permitted use shall be conducted wholly within a completely enclosed building. In no event shall the total enclosed and unenclosed space exceed the limitations of Section 40.12.060(a) and (b).(b) Site plan and architectural approval is required for all uses, as provided in Sections 40.31.010 to 40.31.100 of this chapter.(c) Off-street loading is required for all uses as provided in Section 40.25.040.(d) Special or unique neighborhood or community events or activities lasting no more than one week may be approved by the director or referred to the planning commission at his or her discretion.", "history": "(Ord. 296 § 14.7; Ord. 479 § 1; Ord. 583 § 1; Ord. 781 § 1; Ord. 800 § 2; Ord. 2118 § 3, 2003; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44651420", "number": "§ 40.12.080", "title": "Food store/supermarket/neighborhood grocery store characteristics.", "text": "(a) Devote a predominant amount of floor space and aisles to the sales of a full line of household foodstuffs, including fresh produce, meats, poultry, fish; deli products; dairy, canned foods, dry foods, and baked foods.(b) Primary focus of goods displayed will be on food items including a full line of perishables, and typical household supplies. Less emphasis will be placed on household supplies, such as electronic and clothing items, if sold.(c) Goods are predominantly displayed on traditional supermarket shelving with only minor use of pallets for display purposes.(d) Provide finished interior store walls.", "history": "(Ord. 2026 § 2, 2000)" } ] }, { "guid": "44651425", "title": "DOWNTOWN DAVIS ZONES", "number": "40.13", "url": "https://ecode360.com/44651425", "sha256": "5c13a94ea7ec28439d0dedb9f24c5813b3e960f77c6c45ee91701372de073608", "exportedArticleSha256": "aa6e4eb8196e141e4c2f1e88f268685c23d74567652ebdf1e4e668c17475ca04", "sections": [ { "guid": "44855979", "number": "§ 40.13.010", "title": "Purpose.", "text": "This article sets forth the standards for building form, land use and other topics, such as signage and landscape, within downtown zones. These standards reflect the community's vision for implementing the intent of the General Plan and Downtown Davis Specific Plan (specific plan) to ensure development that reinforces the highly valued character and scale of Downtown Davis' walkable urban center, neighborhoods, and corridors. This article and Article 40.14 (Supplemental to Downtown Zones) are referred to collectively as \"the Downtown Code.\"", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44855980", "number": "§ 40.13.020", "title": "Applicability.", "text": "(a) The standards in this article apply to all proposed development within Downtown Zones as identified below, and shall be considered in combination with the standards in Article 40.14 (Supplemental to Downtown Zones). If there is a conflict between any adopted standards and the standards included herein, the stricter standards shall apply.(1) Site Standards. The standards of Section 40.14.020 (Site standards) apply to the following:(A) Wherever a project requires site development plan approval in accordance with Article 40.31 (Site Plan and Architectural Approval) or when otherwise required by this article. The following sections also apply: Sections 40.27.010, 40.27.020, 40.27.030, 40.27.060, 40.27.090, 40.27.100, 40.27.110, 40.27.120.(B) Site plan and architectural approval for redevelopment on the properties located at 500 and 506 G Street (former Hibbert Lumber site and adjacent related office property) shall be reviewed by the planning commission.(C) Ministerial Review of Qualifying Residential Developments. The following sites located within the Downtown Davis Zones and identified as vacant and underutilized sites for housing (Table 62) in the City of Davis 2021-2029 Housing Element Update may be processed ministerially (i.e. \"building permit only\") as described herein: (i) Site 1 (eight parcels located between 2nd and 3rd Streets and E and F Streets); (ii) Site 3 (240 G Street); (iii) Site 11 (907 4th Street); and any additional sites that may be identified and added to the Housing Element Site Inventory.Housing developments must provide a minimum of twenty percent of the total project units as affordable for lower income households and comply with the city's applicable objective requirements, including, but not limited to, the Form Based Code and Objective Design Standards for Ministerial Residential Developments. Where there is a conflict between the requirements of the Form Based Code and the Objective Design Standards for Ministerial Residential Developments, the provisions of the Form Based Code will prevail.(2) Screening. The standards of Section 40.14.030 (Screening) apply to all new development, and improvements to existing development.(3) Landscaping. The standards of Section 40.14.040 (Landscaping) and Article 40.42 (Water Efficient Landscaping) apply to all new development, and improvements to existing development.(4) Parking. The standards of Section 40.14.050 (Parking and loading) apply to new development, changes in land use, changes in intensity of buildings or structures made after the effective date of the ordinance codified in this article that cause an increase or decrease of twenty-five percent or greater in gross floor area, seating capacity, or number of dwelling units, and/or parking spaces.(5) Building Types. The standards of Section 40.14.070 (Specific to building types) apply to new buildings, additions over fifteen percent (except public safety buildings) and facade renovations along front or side street facades (except public safety buildings).(6) Massing, Facade and Architectural Elements. The standards of Section 40.14.080 (Specific to massing, facade and architectural elements) apply to new buildings, building facade renovation facing a street or civic space (except public safety and historic resource buildings).(7) Frontage Types. The standards of Section 40.14.090 (Specific to frontage types) apply to new buildings, building facade renovation facing a street or civic space (except public safety and historic resource buildings), and private property improvements along front or side street and modifications of pedestrian entry along front or side street.(8) New Civic Space. The standards of Section 40.14.100 (Specific to civic spaces) apply to developments of sites greater than one and one-half acres.(9) Sign Types. The standards of Section 40.14.110 (Specific to sign types) apply to on-site signs in any downtown zone. New or modified signs regulated by Section 40.14.110 (Specific to sign types) shall not be erected or displayed until a sign and/or building permit is obtained.(10) General. From the allowed types for the zone, and in compliance with the listed standards, each building site must include a primary building type, at least one private frontage type, and at least one use type. Building types, private frontage types, sign types, and use types not listed in the zone's standards are not allowed in that zone.(11) New Streets. A new street is required in the locations identified on the regulating plan when there is new or modified vehicular access, a new building, a building renovation or addition over fifteen percent or development over one and one-half acres in total area. When designing a new street or retrofitting an existing street, the public works department standards apply.(b) The standards in this article shall be considered in combination with the relevant standards in Article 40.23 (Historic Resources Management), Article 40.26 (Special Uses), and Article 40.14 (Supplemental to Downtown Zones). In downtown zones, Article 40.27 (Exceptions and Modifications) is superseded by this article. If there is a conflict between any standards, the more restrictive standards shall apply. Section 40.13.060(a) (Relationship to Chapter 40, Zoning) identifies the relationship of this article and Article 40.14 to existing articles in Chapter 40 (Zoning).(c) Rules of Construction. \"Shall\" is always mandatory and not permissive. \"May\" is permissive. \"Should\" is advisory and identifies guidance provided by the city in implementation of these regulations. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. The applicable requirements of this code apply so as to not require stating the phrase \"and all applicable requirements\" throughout this Code.(d) Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows:(1) \"And\" indicates that all connected items or provisions apply;(2) \"Or\" indicates that the connected items or provisions may apply; and(3) \"Either/or\" indicates that the connected items or provisions apply singly but not in combination.(e) Public Facilities. Public facilities owned by the City of Davis within downtown zones shall be exempt from the provisions and standards of Article 40.13 (Downtown Davis Zones) and Article 40.14 (Supplemental to Downtown Zones).", "history": "(Ord. 2637, 1/17/2023; Ord. 2653, 1/9/2024; Ord. 2677, 11/4/2025)" }, { "guid": "44856002", "number": "§ 40.13.030", "title": "Quick Code Guides.", "text": "Applications for new buildings, new uses, signage improvements, and modifications are to be processed as identified in the following diagrams, using the City of Davis procedures and requirements in Articles 40.30 through 40.36.(a) Quick Code Guides: New or Modified Building.(b) Quick Code Guides: New or Expanded Use.(c) Quick Code Guides: New or Modified Signage.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856006", "number": "§ 40.13.040", "title": "Relationship to the General Plan.", "text": "The Downtown Davis Specific Plan refines the Davis General Plan vision for the Downtown Davis Specific Plan boundaries consistent with the 2018 community vision. The updated policy direction and land use designations in the Downtown Davis Specific Plan represent the refined community vision and direction for the zoning and standards. The zoning and standards that implement the Downtown Davis Specific Plan are provided in the Articles 40.13 and 40.14 of the Davis Municipal Code.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856007", "number": "§ 40.13.050", "title": "Relationship to Downtown Davis Specific Plan.", "text": "The Downtown Code consists of Articles 40.13 and 40.14, which implement the updated policy direction and land use designations in the Downtown Davis Specific Plan through specific zoning districts and standards. The zoning districts are mapped on the official City of Davis Zoning Map.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856008", "number": "§ 40.13.060", "title": "Relationship to Chapter 40 of the Davis Municipal Code.", "text": "(a) The areas within the core area infill district (C-I) that coincide with the boundaries of the Downtown Davis Specific Plan shall be regulated by the Downtown Code.(b) The areas within the core area combining district (C-D) that coincide with the boundaries of the Downtown Davis Specific Plan shall be regulated by the Downtown Code.(c) The areas within the downtown and traditional neighborhood overlay district (DTRN) that coincide with the boundaries of the Downtown Davis Specific Plan shall be regulated by the Downtown Code.(d) The areas within the central commercial district (C-C) that coincide with the boundaries of the Downtown Davis Specific Plan shall be regulated by the Downtown Code.(e) The areas within the mixed use district (MU-D) that coincide with the boundaries of the Downtown Davis Specific Plan shall be regulated by the Downtown Code.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856014", "number": "§ 40.13.070", "title": "Downtown Code Zoning Map.", "text": "The zones established in this article are mapped on the official City of Davis Zoning Map. Figures 40.13.070.B and 40.13.070.C identify specific urban design requirements in order to implement the community vision. Figures 40.13.070.B and C do not depict the zoning for the parcels shown. Refer to the official City of Davis Zoning Map for the zoning of the property in question. These implementation requirements are further specified in Articles 40.13 and 40.14 of the Davis Municipal Code.Figure 40.13.070.B: Davis SquareFigure 40.13.070.C: Davis Commons", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856015", "number": "§ 40.13.080", "title": "Downtown zones.", "text": "The downtown zones are described in Articles 40.13 and 40.14, and each zone is established based on the intent of the desired physical form and character of the environments described in the Downtown Davis Specific Plan. These zones focus on mixed-use, walkable environments and range in function and intensity from primarily residential areas with a mix of building types of lower intensity (neighborhood-medium), to moderate intensity neighborhoods (neighborhood-large) and centers (Main Street-medium) and higher intensity commercial, retail, and residential areas along corridors and in neighborhoods (neighborhood-large and Main Street-large). The naming of the downtown zones is based on a spectrum of context types in Davis from less urban to more urban as listed below in Table 40.13.080.A (Spectrum of Context Types). Table 40.13.080.B (Overview of Downtown Zones) provides an overview of the Downtown Zones and their intent. This information is provided as a link between the Downtown Davis Specific Plan's direction and the detailed standards in each downtown zone.Table 40.13.080.A: Spectrum of Context TypesReferenceDowntown ZoneContext Type40.13.090Neighborhood-Medium40.13.100Neighborhood-Large40.13.110Main Street-Medium40.13.120Main Street-LargeTable 40.13.080.B: Overview of Downtown ZonesNeighborhood-Medium (N-M Section 40.13.090)Zone(s)Neighborhood-Medium (N-M)Desired FormMedium Building SizeAttached and Detached BuildingsMedium Building Site WidthSmall to Medium Building FootprintSmall to Medium Front SetbacksSmall to Medium Side SetbacksUp to 4 StoriesUp to 3 Stories; see Zoning MapMin. 9' Ground Floor Ceiling HeightPorches, Stoops, DooryardsGeneral UsePrimarily residential with neighborhood supporting uses in ancillary buildings and at corners.IntentA walkable, urban neighborhood environment with small to medium footprint, moderate-intensity housing choices from Cottage Courts to Multiplex Large and Courtyard Buildings, supporting and within short walking distance of neighborhood-serving retail and services.Neighborhood Large (N-L Section 40.13.100)Zone(s)Neighborhood-Large (N-L)Desired FormMedium to Large Building SizeAttached BuildingsMedium to Large Building Site WidthMedium to Large Building FootprintSmall to Medium Front SetbacksSmall to Medium Side SetbacksUp to 5 StoriesMin. 10' Ground Floor Ceiling HeightForecourts, Shopfronts, TerracesGeneral UsePrimarily residential with neighborhood supporting uses in ancillary buildings and at corners.IntentA walkable, urban neighborhood environment with large footprint, high-intensity housing choices from Townhouses to Courtyard Buildings, supporting and within short walking distance of neighborhood-serving retail and services.Main Street-Medium (MS-M Section 40.13.110)Zone(s)Main Street-Medium (MS-M)Desired FormMedium Building SizePrimarily Attached BuildingsMedium Building Site WidthMedium Building FootprintSmall to None Front SetbacksSmall to None Side SetbacksUp to 4 StoriesUp to 5 Stories, see Zoning MapMin. 13' Ground Floor Ceiling HeightForecourts, Shopfronts, Terraces, Galleries, ArcadesGeneral UseGround floor retail, office, and service with residential and office in upper stories.IntentA walkable, vibrant district of medium footprint, moderate-intensity mixed-use buildings and housing choices from Main Street Buildings to Courtyard Buildings and Townhouses, supporting and within short walking distance of neighborhood-serving ground floor retail, food and services, including indoor and outdoor artisanal industrial businesses.Main Street-Large (MS-L Section 40.13.120)Zone(s)Main Street-Large (MS-L)Desired FormMedium to Large Building SizeAttached BuildingsMedium to Large Building Site WidthMedium to Large Building FootprintNo Front SetbacksNo Side SetbacksUp to 5 StoriesUp to 7 Stories, see Zoning MapMin. 13' Ground Floor Ceiling HeightForecourts, Shopfronts, Terraces, Galleries, ArcadesGeneral UseGround floor retail, office, and service with residential and office in upper stories.IntentA walkable, vibrant urban main street environment serving multiple neighborhoods with commercial, retail, entertainment, and civic uses, public transportation, and large footprint, high-intensity mixed-use buildings and housing choices from Main Street Buildings to Courtyard Buildings.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44856016", "number": "§ 40.13.090", "title": "Neighborhood-Medium.", "text": "(a) Intent.A walkable, urban neighborhood environment with small to medium footprint, moderate-intensity housing choices from Cottage Courts to Multiplex Large and Courtyard Buildings, supporting and within short walking distance of neighborhood-serving retail and services. The following are generally appropriate form elements in this zone:Medium Building SizeAttached and Detached BuildingsMedium Building Site WidthSmall to Medium Building FootprintSmall to Medium Front SetbacksSmall to Medium Side SetbacksUp to 4 StoriesUp to 3 Stories, see Zoning MapMin. 9' Ground Floor Ceiling HeightPorches, Stoops, Dooryards(b) Building Types.Primary Building TypeBuilding Site1StandardsWidth ⒶDepth ⒷCottage Court2100' min.; 150' max.100' min.40.14.070.BMultiplex: Small50' min.; 100' max.100' min.40.14.070.CMultiplex: Large50' min.; 100' max.100' min.40.14.070.DTownhouse: House Form20' min.; 100' max.100' min.40.14.070.ETownhouse: Block Form18' min.; 200' max.3100' min.40.14.070.ECourtyard85' min.240' max.40.14.070.FNotes1Sites of at least 1.3 acres are required to include civic space and new street(s) per Section 40.14.100 (Specific to civic spaces).2Up to 1 cottage may contain up to 2 units.3Represents four townhouses side by side on corner lot.(c) Building Form.1Height (See zone to determine max height limit)Main BuildingStories4 stories max.2,3Highest Top Plate45' max.ⒸOverall55' max.15' min. stepback above 3rd story required when abutting or across a street or alley from PD, R-1 and R-2, except for the Davis Community Church site located at the southwest corner of 5th Street and C Street.ⒹHeightAccessory Structure(s)Other1 story max.Ground Floor Finish Level3ⒺResidential0\" min.4Nonresidential6\" max.Ground Floor Ceiling9' min.ⒻUpper Floor(s) Ceiling9' min.ⒼFootprintLot Coverage70% max.5Depth, Ground-Floor Space30' min.ⒽAccessory Structure(s)36' x 30' max.Notes:1Lots abutting Designated Historic Resource are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).23 stories max./30' max. Highest top plate/35' max. Overall as mapped on official Zoning Map.3See Section 40.14.070 (Specific to building types) for refinements to height and massing standards.4Common entries for multifamily buildings may be at grade per local and federal accessibility standards.5In compliance with stormwater management requirements.(d) Building Placement.1Setback (Distance from ROW/Building Site Line)Front (Facade Zone)2Interior Building Site7' min.; 10' max.ⒾCorner Building Site0' min.; 7' max.Side Street (Facade Zone)ⒿFirst 1/2 of Lot From Corner0' min.; 7' max.Rest of Facade7' min.; 10' max.SideMain Building5' min.ⓀAccessory Structure(s)5' min.ⓁRearMain Building10' min.ⓂAdjacent to PD or R-1 Zone15' min.Accessory Structure(s)5' min.ⓃBuilding within Facade ZoneFront70% min.Side Street60% min.Notes:1Lots abutting Designated Historic Resource identified in Zoning Map are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2Buildings on corner lots required to have equal architectural treatment on front and side street elevations.Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).(e) Parking.Maximum Allowed SpacesResidential UsesStudio or 1 Bedroom1 per unit2 or More Bedrooms1.25 per unitNonresidential Uses2.5/1,000 sfSetback (Distance from ROW/Building Site Line)Front40' min.ⓄSide Street7' min.ⓅSide5' min.ⓆRear5' min.ⓇMiscellaneousDriveway Width10' max. with 2' wide planterⓈDriveway Width Along Alley No max.Driveways may be shared between adjacent parcels.Driveways from street shall be at least 50' apart.(f) Encroachments.Encroachment TypeFront ⓉSide St. ⓊSide ⓋRear ⓌFrontage44' max.3' max.XXSteps to Building Entry5' max.5' max.XXArchitectural Features3' max.3' max.3' max.3' max.Unenclosed porches, balconies, and stairs5' max.3' max.2' max.4' max.Signage, AwningAAXXLandscapingA1A1A2A2Fences or Freestanding WallsA1A1A2A2Driveways, WalkwaysA3A3AAEncroachments at grade are not allowed within a street ROW, alley ROW or across a building site line.Notes:13' max. height.26' max. height; max. 4' when at alley and other ROW.3Driveway only allowed when no alley exists.4See Section 40.14.090 (Specific to frontage types) for further refinement of allowed encroachments.(g) Frontages.Frontage Type1FrontSide St.StandardsPorch: ProjectingAA40.14.090.APorch: EngagedAA40.14.090.BStoopAA40.14.090.CDooryardAA40.14.090.DNote:1Allowed types further refined by building type standards.(h) Streetscape.Replace or Infill Street TreesMin. TreesAddition, Renovation, or New Building< 1,000 sf1< 2,500 sf2> 2,500 sfAlong frontage(i) Signage.Sign TypeMax. SignsStandardsYard/Porch1 per building40.14.110.AProjecting1 per business40.14.110.BAwning/Canopy1 per business40.14.110.CWall1 per building40.14.110.DWindow1 per business40.14.110.FDirectory1 per building40.14.110.H", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44856026", "number": "§ 40.13.100", "title": "Neighborhood-Large.", "text": "(a) Intent.A walkable, urban neighborhood environment with large footprint, high-intensity housing choices from Townhouses to Courtyard Buildings, supporting and within short walking distance of neighborhood-serving retail and services.  The following are generally appropriate form elements in this zone:Medium to Large Building SizeAttached BuildingsMedium to Large Building Site WidthMedium to Large Building FootprintSmall to Medium Front SetbacksSmall to Medium Side SetbacksUp to 5 StoriesMin. 10' Ground Floor Ceiling HeightForecourts, Shopfronts, Terraces(b) Building Types.Primary Building TypeBuilding Site1StandardsWidth ⒶDepth ⒷMultiplex: Large75' min.; 150' max.100' min.40.14.070.DTownhouse: Block Form72' min.2100' min.40.14.070.ECourtyard100' min.120' min.40.14.070.FNotes1Sites of at least 1.3 acres are required to include civic space and new street(s) per Section 40.14.100 (Specific to civic spaces).2Represents four townhouses side by side; 18' wide, each with up to 3 stacked townhouse units.(c) Building Form.1HeightMain BuildingStories5 stories max2Highest Top Plate55' max.ⒸOverall65' max.15' min. front and side street setback above 4th story required; corner elements exempt.ⒹAccessory Structure(s)Other1 story max.Ground Floor Finish Level3ⒺResidential0\" min.4Nonresidential6\" max.Ground Floor Ceiling10' min.ⒻUpper Floor(s) Ceiling9' min.ⒼFootprintLot Coverage80% max.5Depth, Ground-Floor Space30' min.ⒽAccessory Structure(s)36' x 30' max.Miscellaneous50' max. distance between entries to ground floor uses.Loading docks not allowed on front street facades.Notes:1Lots abutting Designated Historic Resource are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2See Section 40.14.070 (Specific to building types) for refinements to height and massing standards.3Common entries for multifamily buildings may be at grade per local and federal accessibility standards.4Required when facing a street and/or public ROW.5In compliance with stormwater management requirements.(d) Building Placement.1Setback (Distance from ROW/Building Site Line)Front (Facade Zone)2ⒾInterior Building Site5' min.; 10' max.Corner Building Site0' min.; 5' max.Side Street (Facade Zone)ⒿFirst 1/2 of Lot from Corner0' min.; 5' max.Rest of Facade5' min.; 10' max.SideMain Building0' min.ⓀWhen Adjacent to N-M Zone7' min.Accessory Structure(s)5' min.ⓁRearMain Building10' min.ⓂWhen adjacent to N-M Zone15' min.Accessory Structure(s)5' min.ⓃBuilding within Facade ZoneFront70% min.Side Street70% min.Notes:1Lots abutting Designated Historic Resource identified in Zoning Map are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2Buildings on corner lots required to have equal architectural treatment on front and side street elevationsFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).(e) Parking.Maximum Allowed SpacesResidential UsesStudio or 1 Bedroom0.75 per unit2 or More Bedrooms1 per unitNonresidential Uses2.5/1,000 sfSetback (Distance from ROW/Building Site Line)Front40' min.ⓄSide Street5' min.ⓅSide0' min.ⓆRear3' min.ⓇMiscellaneousDriveway Width10' max. with 2' wide planterⓈDriveway width along alley: No max.Driveways may be shared between adjacent parcels.Driveways from street shall be at least 150' apart.(f) Encroachments.Encroachment TypeFrontⓉSide St.ⓊSideⓋRearⓌFrontage410' max.10' max.XXSteps to Building Entry3' max.3' max.XXArchitectural Features3' max.3' max.3' max.3' max.Unenclosed porches, balconies, and stairs5' max.55' max.5X5' max.Signage, AwningAAXXLandscapingA1A1A2A2Fences or Freestanding WallsA1A1A2A2Driveways, WalkwaysA3A3AAEncroachments at grade are not allowed within a street ROW, alley ROW or across a building site line.Notes:13' max. height.28' max. height; max. 4' when at alley and other ROW.3Driveway only allowed when no alley exists and per Section 40.13.100.E (Parking).4See Section 40.14.090 (Specific to frontage types) for further refinement of allowed encroachments.5Balconies only.(g) Frontages.Frontage Type1FrontSide St.StandardsForecourtAA40.14.090.EShopfrontAA40.14.090.GTerraceAA40.14.090.HNotes:1Allowed types further refined by building type standards.(h) Streetscape.Replace or Infill Street TreesMin. TreesAddition, Renovation, or New Building< 1,000 sf2< 2,500 sf3> 2,500 sfAlong frontage(i) Signage.Sign TypeMax. SignsStandardsYard/Porch1 per building40.14.110.AProjecting1 per business40.14.110.BAwning/Canopy1 per business40.14.110.CWall1 per building40.14.110.DWindow1 per business40.14.110.FDirectory1 per building40.14.110.H", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44856036", "number": "§ 40.13.110", "title": "Main Street-Medium.", "text": "(a) Intent.A walkable, vibrant district of medium footprint, moderate-intensity mixed-use buildings and housing choices from Main Street Buildings to Courtyard Buildings and Townhouses, supporting and within short walking distance of neighborhood-serving ground floor retail, food and services, including indoor and outdoor artisanal industrial businesses. The following are generally appropriate form elements in this zone:Medium Building SizePrimarily Attached BuildingsMedium Building Site WidthMedium Building FootprintSmall to None Front SetbacksSmall to None Side SetbacksUp to 4 StoriesUp to 5 stories, see Zoning MapMin. 13' Ground Floor Ceiling HeightForecourts, Shopfronts, Terraces, Galleries, Arcades(b) Building Types.Primary Building TypeBuilding Site1StandardsWidth ⒶDepth ⒷMultiplex: Large50' min.; 150' max.100' min.40.14.070.DTownhouse:18' min.120' min.40.14.070.EBlock Form72' min.2Courtyard85' min.120' min.40.14.070.FMain Street25' min.100' min.40.14.070.GNotes:1Sites of at least 1.3 acres are required to include civic space and new street(s) per Section 40.14.100 (Specific to civic spaces).2Represents four townhouses side by side.(c) Building Form.1HeightMain BuildingStories4 stories max.2,3Highest Top Plate45' max.ⒸOverall55' max.15' min. stepback above third story required when abutting or across a street or alley from PD, R-1 and R-2.ⒹAccessory Structure(s)Other1 story max.HeightGround Floor Finish Level4ⒺResidential0\" min.5NonresidentialFlush with sidewalkGround Floor Ceiling13' min.ⒻUpper Floor(s) Ceiling8' min.ⒼFootprintLot Coverage95% max.6Depth, Ground-Floor Space30' min.ⒽAccessory Structure(s)36' x 30' max.Miscellaneous50' max. distance between entries to ground floor uses.Loading docks not allowed on front or side street facades.Notes:1Lots abutting Designated Historic Resource are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2See Section 40.14.070 (Specific to building types) for refinements to height and massing standards.35 stories max./55' max. highest top plate/65' max. overall as mapped in Zoning Map.4Common entries for multifamily buildings may be at grade per local and federal accessibility standards.5Required when facing a street and/or public ROW.6In compliance with stormwater management requirements.(d) Building Placement.1Setback (Distance from ROW/Building Site Line)Front (Facade Zone)20' min.; 10' max.ⒾSide Street (Facade Zone)0' min.; 10' max.ⒿSideMain Building0' min.ⓀAccessory Structure(s)5' min.RearMain Building10' min.ⓁWhen Alley Present5' min.Accessory Structure(s)5' min.Building within Facade ZoneFront80% min.Side Street70% min.Notes:1Lots abutting Designated Historic Resource identified in Zoning Map are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2Buildings on corner lots required to have equal architectural treatment on front and side street elevations.Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).(e) Parking.Maximum Allowed SpacesResidential UsesStudio or 1 Bedroom0.75 per unit2 or More Bedrooms1 per unitNonresidential Uses2.5/1,000 sfSetback (Distance from ROW/Building Site Line)Front40' min.ⓂSide Street5' min.ⓃSide0' min.ⓄRear3' min.ⓅMiscellaneousDriveway Width10' max. with 2' wide planterⓆDriveway Width Along Alley No max.Driveways may be shared between adjacent parcels.Driveways from street shall be at least 150' apart.(f) Encroachments.Encroachment TypeFront ⓇSide St. ⓈSide ⓉRear ⓊFrontage410' max.10' max.XXSteps to Building Entry3' max.3' max.XXArchitectural Features3' max.3' max.3' max.3' max.Unenclosed porches, balconies, and stairs5' max.55' max.5X5' max.SignageAAXXLandscapingA1A1A2A2Fences or Freestanding WallsA1A1A2A2Driveways, WalkwaysA3A3AAEncroachments at grade are not allowed within a street ROW, alley ROW or across a building site line.Notes:13' max. height.28' max. height; max. 4' when at alley and other ROW.3Driveway only allowed when no alley exists and per Section 40.13.110.E (Parking).4See Section 40.14.090 (Specific to frontage types) for further refinement of allowed encroachments.5Balconies only.(g) Frontages.Frontage Type1FrontSide St.StandardsForecourtAA40.14.090.EMaker ShopfrontXA40.14.090.FShopfrontAA40.14.090.GTerraceAA40.14.090.HGalleryAA40.14.090.IArcadeAA40.14.090.JNote:1Allowed types further refined by building type standards.(h) Streetscape.Replace or Infill Street TreesMin. TreesAddition, Renovation, or New Building< 1,000 sf1< 2,500 sf2> 2,500 sfAlong frontage(i) Signage.Sign TypeMax. SignsStandardsYard/Porch1 per building40.14.110.AProjecting1 per business40.14.110.BAwning/Canopy1 per business40.14.110.CWall1 per building40.14.110.DWall Mural1 per building40.14.110.EWindow1 per business40.14.110.FSidewalk1 per business40.14.110.GDirectory1 per building40.14.110.HMarquee1 per building40.14.110.JRoof1 per building40.14.110.K", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44856046", "number": "§ 40.13.120", "title": "Main Street-Large.", "text": "(a) Intent.A walkable, vibrant urban main street environment serving multiple neighborhoods with ground floor commercial, retail, food, entertainment, and civic uses in large footprint, high-intensity mixed-use buildings and housing choices from Main Street Buildings to Courtyard Buildings, served by public transportation.  The following are generally appropriate form elements in this zone:Medium to Large Building SizeAttached BuildingsMedium to Large Building Site WidthMedium to Large Building FootprintNo Front SetbacksNo Side SetbacksUp to 5 StoriesUp to 7 Stories, see Zoning Map.Min. 13' Ground Floor Ceiling HeightForecourts, Shopfronts, Terraces, Galleries, Arcades(b) Building Types.Primary Building TypeBuilding Site1StandardsWidth ⒶDepth ⒷCourtyard85' min.120' min.40.14.070.FMain Street20' min.; 200' max.100' min.40.14.070.GNote:1Sites of at least 1.3 acres are required to include civic space and new street(s) per Section 40.14.100 (Specific to civic spaces).(c) Building Form1.HeightMain BuildingⒸStories5 stories max.2,3Highest Top Plate65' max.Overall75' max.15' min. front and side street stepback above 4th story required; corner elements exempt.ⒹAccessory Structure(s)Other1 story max.Ground Floor Finish Level4ⒺResidential0\" min.5NonresidentialFlush with sidewalkGround Floor Ceiling13' min.ⒻUpper Floor(s) Ceiling8' min.ⒼFootprintLot Coverage95% max.6Depth, Ground-Floor Space40' min.ⒽAccessory Structure(s)36' x 30' max.Miscellaneous50' max. distance between entries to ground floor uses.Loading docks, overhead doors, and other service entries shall be screened and not located on front street facades.Notes:1Lots abutting Designated Historic Resource are required to comply with Table 40.14.080.C (Designated Historic Resource Adjacency Standards).2See Section 40.14.070 (Specific to building types) for refinements to height and massing standards.37 stories max./75'max. highest top plate/85' max. overall as mapped in the Zoning Map.4Common entries for multifamily buildings may be at grade per local and federal accessibility standards.5Required when facing a street and/or public ROW.6In compliance with stormwater management requirements.(d) Building Placement.1Setback (Distance from ROW/Building Site Line)Front (Facade Zone)20' min.; 10' max.ⒾSide Street (Facade Zone)0' min.; 10' max.ⒿSideMain Building0' min.ⓀWhen Adjacent to N-M Zone7' min.Accessory Structure(s)5' min.RearMain Building5' min.ⓁWhen Adjacent to N-M Zone15' min.Accessory Structure(s)5' min.Building within Facade ZoneFront90% min.Side Street80% min.Notes:1Lots abutting Designated Historic Resource identified in Zoning Map are required to comply with Table 40.14.080.C (Historic Resource Adjacency Standards).2Buildings on corner lots required to have equal architectural treatment on front and side street elevations.Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).(e) Parking.Maximum Allowed SpacesResidential UsesStudio or 1 Bedroom0.75 per unit2 or More Bedrooms1 per unitNonresidential Uses2.5/1,000 sfSetback (Distance from ROW/Building Site Line)Front50' min.ⓂSide Street5' min.ⓃSide0' min.ⓄRear5' min.ⓅMiscellaneousDriveway WidthⓆ< 40 spaces10' max. with 2' wide planter> 40 spaces18' max.Driveway Width Along Alley No max.Driveways may be shared between adjacent parcels.Driveways from street shall be at least 150' apart.(f) Encroachments.Encroachment TypeFront ⓇSide St. ⓈSide ⓉRear ⓊFrontage410' max.10' max.XXSteps to Building Entry3' max.3' max.XXArchitectural Features3' max.3' max.3' max.3' max.Unenclosed Porches, Balconies, and Stairs5' max.55' max.5X5' max.Signage, AwningAAXXLandscapingA1A1A2A2Fences or Freestanding WallsA1A1A2A2Driveways, WalkwaysA3A3AAEncroachments at grade are not allowed within a street ROW, alley ROW or across a building site line.Notes:13' max. height.28' max. height; max. 4' when at alley and other ROW.3Driveway only allowed when no alley exists and per Section 40.13.120.E (Parking).4See Section 40.14.090 (Specific to frontage types) for further refinement of allowed encroachments.5Balconies only.(g) FrontagesFrontage Type1FrontSide St.StandardsForecourtAA40.14.090.EShopfrontAA40.14.090.GTerraceAA40.14.090.HGalleryAA40.14.090.IArcadeAA40.14.090.JNote:1Allowed types further refined by building type standards.(h) Streetscape.Replace or Infill Street TreesMin. TreesAddition, Renovation, or New Building< 1,000 sf2< 2,500 sf3> 2,500 sfAlong frontage(i) Signage.Sign TypeMax. SignsStandardsProjecting1 per business40.14.110.BAwning/Canopy1 per business40.14.110.CWall2 per building40.14.110.DWall Mural1 per building40.14.110.EWindow1 per business40.14.110.FSidewalk1 per business40.14.110.GDirectory1 per building40.14.110.HChangeable Copy1 per business40.14.110.IMarquee1 per building40.14.110.JRoof11 per building40.14.110.KNote:1Only within 100' of street corner.", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44856056", "number": "§ 40.13.130", "title": "Permitted and conditional uses.", "text": "Table 40.13.130 identifies the permitted and conditional uses in each zone, any additional requirements and the type of approval and/or permit required to authorize the use. In cases where a proposed use is similar in character to an allowed use in the zone, a similar use determination may be made by the director pursuant to Section 40.27.090 of the Davis Zoning Code. Accessory uses customarily appurtenant to a permitted use are also allowed, as determined by the director.Table 40.13.130: Permitted/Conditional UsesDowntown ZonesN-MN-LMS-MMS-LResidential Uses1, 5Group Home, Day Care, Elderly Care Facility< 7 personsPPPP> 7 personsAUPAUPAUPAUPHome OccupationPPPPLive/Work2PAUPAUPAUPLiving GroupCUPCUPCUPCUPResidentialPPPPRooming and Boarding HousePPP-Single Room OccupancyCUPCUPCUPCUPTransitional and Supportive HousingPPPPRetail and Food-Related Uses1Alcohol Sales - Off SiteAUPAUPPPBar/Nightclub--CUP1CUPCannabis Retail6-CUP2CUP2CUP2Micro-Brewery/Micro-Distillery/Winery< 5,000 sfAUPPPP> 5,000 sf--P4-Outdoor Sales and Display (on private property)PPPPRestaurant (may include outdoor seating)PPPPw/Drive-Through Service----Retail, General< 5,000 sfPPPP> 5,000 sf and < 10,000 sf-AUPPP> 10,000 sf--AUPPOffice and Service Uses1Administrative/Professional Office (includes dental and optometry office)PPPPArtisanal Production (entirely enclosed within a bldg. and meeting performance standards of Article 40.24)< 2,500 sfPPP-< 5,000 sf-PP-> 5,000 sf--P4-Automotive Services and Repair:----Gasoline/Service Station----Limited Repair Services----Vehicle Washing & Detailing----Vehicle Repair & Painting----Day Care/Preschool:Small House: <7 personsPPPPLarge House: 7 to 12 personsAUPAUPAUPAUPFinancial Institution, Bank, Credit Union w/Drive-Through Service-PPPHospital----Lodging:Bed and BreakfastAUPPPPHotel/MotelAUPPPPMedical Clinic—AUPAUPAUPPersonal ServicesPPPPVeterinary Clinic/BoardingAUPAUPAUPAUPRecreation, Education, and Assembly Uses1Community/Religious Assembly, Meeting FacilityPCUPCUPCUPHealth/Fitness Facility:< 5,000 sfAUP-AUPAUP> 5,000 sf---CUPPark/Playground (public)PPPPRecreation, Indoor/Outdoor (private)AUP-AUPAUPSchool, College, University (public or private)-PPPStudio; Art, Dance, Music, etc.P3PPPTheater, Cinema, Performing Arts, Library, MuseumAUPPPPOther Uses1Broadcasting Facilities--AUP4AUP4Emergency Shelter/Low Barrier Navigation CenterP-PPParking Facility/Garage (private for profit)-PPPPublic Services/FacilitiesPPPPResearch and Development/Laboratory< 10,000 sf-PPAUP> 10,000 sf--P4AUP4Agricultural Land Uses1Urban AgricultureAUPAUPAUP-Notes:1All uses required to be in compliance with the frontage requirements in Section 40.14.090 (Specific to frontage types).2See requirements in Section 40.14.060 (Live/work units).3Max. 2,500 sf.4Only on sites fronting G Street between 2nd and 5th Streets, and building sites adjacent to railroad between 3rd and 5th Streets.5Not allowed on the ground floor within 30 feet of the sidewalk. Allowed on the ground floor along side streets if at least 60 feet from the front of the design site (in MS-M & MS-L Zones).6Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery are prohibited.KeyP PermittedAUP Administrative Use Permit- Not PermittedCUP Conditional Use Permit", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651467", "title": "SUPPLEMENTAL TO DOWNTOWN ZONES", "number": "40.14", "url": "https://ecode360.com/44651467", "sha256": "e8b08f23a4069930bb163e6223123c4e84614c9618cedfc485056b4ae3f9811d", "exportedArticleSha256": "2e496d07c25580ff5d20f21d39f4dc1aab31778e2af351b1661b42347c182c1a", "sections": [ { "guid": "44876448", "number": "§ 40.14.010", "title": "Purpose and applicability.", "text": "This article sets forth the standards for the development of each building type, frontage type, civic space type, and sign type within downtown zones. These standards supplement the standards for each zone in which the building, frontage, civic space, and sign types are allowed. These standards are intended to ensure development that establishes and/or reinforces the highly-valued character and scale of Davis' walkable urban center, neighborhoods, and corridors.(a) Applicability.(1) The standards in this article apply to all proposed development within Downtown Davis Zones (Article 40.13) and shall be considered in combination with the standards for the applicable zone.(2) Development with education, public assembly, transportation, communications and/or infrastructure uses shall comply with the standards of the zone, but is not required to meet the standards of Section 40.14.070 (Specific to building types).", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876452", "number": "§ 40.14.020", "title": "Site standards.", "text": "(a) Purpose. The provisions of this section are intended to ensure the development of property within downtown zones accomplishes the following:(1) Makes a positive contribution to the development pattern of the area;(2) Ensures that new or altered structures are compatible with the design and use of existing structures on neighboring properties;(3) Respects the existing conditions and safety of neighboring properties; and(4) Does not adversely affect neighboring properties, with \"adversely affect\" meaning to impact in a substantial, negative manner the habitability or enjoyability of these properties.(b) Allowable Exceptions in Downtown Zones. The exceptions listed in Table 40.14.020.A (Downtown Zone Exceptions) shall be allowed without additional discretionary review if the requested exception meets the required findings.Table 40.14.020.A: Downtown Zone ExceptionsTypes of Exceptions AllowedRequired FindingsExceptionBuilding SiteBuilding Site Dimensions. A decrease in the minimum required or maximum allowed depth or width.The exception accommodates an existing feature such as a tree, or utility.An existing or new building site can be developed following the intent of the zone and meet all other applicable standards for the zone.Up to 10%Building SetbacksFront, Side Street, Side or Rear. An increase or decrease of the minimum to maximum required setback areas for main structures.The exception accommodates an existing feature such as a tree, or utility.The proposed development is visually compatible with the adjacent development and intent of the zone.Up to 5' or 40% which ever is greater.Facade within Facade Zone. A reduction of the amount of facade required within the facade zone.The exception accommodates an existing feature such as a tree, or utility.The proposed development is visually compatible with the adjacent development and intent of the zone.Up to 30% for up to half of the facade's length.Building FootprintSize of Main Body or Wing(s). An increase in the allowed size.The exception accommodates an existing feature such as a tree, or utility.The proposed development is visually compatible with the adjacent development and intent of the zone.Up to 20%Parking Location1Front Setback.A reduction in the parking setback.The exception accommodates an existing feature such as a tree, or utility. Parking shall not be visible from the front property line.The ground floor space shall remain habitable.Up to 20%Note:1Frontage requirement still apply.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876459", "number": "§ 40.14.030", "title": "Screening.", "text": "(a) Purpose. This section prescribes standards for screening, fences, and walls for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment of the neighborhood.(b) Design Standards for Screening. Screening shall comply with the following:(1) Zone Height Maximums. Screening shall not exceed the maximums identified in Section 40.14.090(f) through Section 40.14.120(f), titled \"Encroachments\" of the applicable zone.(2) Screening Height Measurement. Screening height shall be measured as the vertical distance between the finished grade at the base of the screen and the top edge of the screen material.(c) Reduction of Required Screening or Screening Design Standards. The director may completely or partially waive required screening and associated standards in cases where the director deems the relief necessary to maintain or enhance the architectural character of the surrounding neighborhood.(d) Additional Screening Requiring Administrative Permit. The following screening types shall comply with the specified requirements and shall require director approval prior to issuance of a building or landscape permit, as applicable.(1) Courtyard. Fences, walls and other screening installed to create a courtyard without a roof shall be a maximum of five feet in height and be set back a minimum of ten feet from the front property line or back of sidewalk, whichever is the least. In reviewing the plan for the proposed courtyard, the director shall consider, but not be limited to, the following:(A) Building characteristics including the dimensions, color and architectural design;(B) Compatibility of the architectural and design features of the proposed courtyard with the features of the adjoining, as well as neighboring buildings; and(C) Landscaping, including the effort to minimize removal of existing vegetation and to match replacements with vegetation of the site.(e) Screening on Retaining Walls. The total height of screens and the retaining walls that they are mounted on or attached to is six feet. However, the director may approve higher screening if it is determined that there will be little or no impact on the adjoining properties or the surrounding neighborhood and the height is necessary to achieve the objectives of this section or is required for health and safety.(f) Mechanical Equipment Screening.(1) Mechanical equipment exempt from screening:(A) Freestanding or roof-mounted solar equipment; and(B) Vents less than four feet in height may be exempt from the requirements in Section 40.14.030(e) (Screening on Retaining Walls), subject to director review.(2) For all new installation or relocation of existing mechanical equipment, the equipment shall be screened.(A) Roof-Mounted Equipment. Building parapets or other architectural elements in the building's architecture style shall screen roof-mounted equipment.(i) New buildings shall be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building; and(ii) For existing buildings with no or low parapet heights, mechanical equipment shall be surrounded on all sides by an opaque screen wall as tall as the highest point of the equipment. The wall shall be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. All new roof screens are subject to administrative review and may be referred to the planning commission, as determined by the director.(B) Wall- and Ground-Mounted Equipment.(i) Shall not be located between the face of the building and the street;(ii) All screen devices shall be as high as the highest point of the equipment being screened. Equipment and screening shall be in compliance with the setbacks of the zone;(iii) Screening shall be architecturally compatible and include matching paint, finish and trim cap of the building; and(iv) All new mechanical screens for ground or wall-mounted equipment are subject to director review.(g) Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured. All temporary fencing shall:(1) Consist of chain link fencing or other materials as approved by the director;(2) Not exceed six feet in height;(3) Be removed at the conclusion of the special event or completion of construction activities (i.e., final inspection) for which it was approved; and(4) All approved fencing for construction sites shall not be installed until a building permit or grading permit has been issued and shall be removed prior to final inspection. The use of temporary fencing around occupied structures that can be secured by other means is prohibited. The use of temporary fencing around vacant land or vacant structures is subject to the terms and conditions specified in an administrative permit authorizing this fencing.(h) Barbed Wire, Razor Wire, and Chain Link. Barbed wire, razor wire, and chain link screening is not allowed.(i) Safety. Fences, walls, other screening and landscaping, whether provided in accordance with the provisions of this section or provided in addition to those provisions, are subject to review by the traffic engineer in the following areas:(1) Within ten feet of the point of intersection of:(A) A vehicular access way or driveway and a street; or a vehicular access way or driveway and a sidewalk;(B) Within twenty feet of the point of intersection of two or more vehicular access ways, including driveways, alleys, or streets;(C) A shared use path and a street.(2) As used in this section, \"point of intersection\" is measured from the face of curb or if none, from the edge of pavement.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876496", "number": "§ 40.14.040", "title": "Landscaping.", "text": "(a) Purpose. This section prescribes landscaping standards for protection and enhancement of the environmental and visual quality of the community, enhancement of privacy, and the control of dust.(b) Required Landscaping. The landscaping required by this section shall be installed as part of the project or improvement requiring the landscaping. Requirements for landscaping in parking and loading areas shall be considered with Section 40.14.050 (Parking and loading).(c) Landscape Plan Requirement. Landscaping plans are required for development in all zones. A landscape design plan shall be submitted for projects requiring a landscape permit, plan check or site development plan review.(d) Design Standards.(1) Acceptable required landscaping materials are defined as follows:(A) Shrubs, of one-gallon size or larger;(B) Street trees, of fifteen-gallon size or larger, and double staked;(C) Ground cover; and(D) Decorative nonliving landscaping materials such as sand, stone, gravel, wood or water may be used to satisfy a maximum of twenty-five percent of required landscaping area when approved by the director.(2) Species Selection. Native and drought tolerant species are encouraged to increase native plants and pollinator species.(3) Separation. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area.(4) Existing Vegetation. Every effort shall be made to incorporate mature on-site trees into the required landscaping, subject to approval by the director.(5) Maintenance. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all plantings.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876510", "number": "§ 40.14.050", "title": "Parking and loading.", "text": "(a) Purpose. This section prescribes standards for and limits on the development of motor vehicle and bicycle parking, loading and access drives; and standards for reducing motor vehicle trips per capita to and from development. These standards are intended to ensure that development of property within downtown zones accomplishes the following:(1) Establishes and/or reinforces the character and scale of Downtown Davis as a walkable, urban neighborhood environment, where development supports and is within a short walking distance of retail and services;(2) Ensures the provision of appropriately designed bicycle parking, in order to increase bicycle trips and reduce motor vehicle trips per capita;(3) Appropriately limits, screens and landscapes motor vehicle parking, in order to reduce motor vehicle trips per capita, protect and enhance the environmental and visual quality of the community, enhance privacy, attenuate noise, and control dust; and(4) Reduces motor vehicle trips per capita to and from development.(b) On-site parking is allowed in all zones subject to the standards set forth in this section.(c) General Parking Standards.(1) On-Site Parking. Sharing of motor vehicle parking between different land uses and developments is allowed. Standards set forth elsewhere in the Municipal Code which limit or restrict the sharing of parking between different land uses and developments shall not apply to development in downtown zones.(2) Sharing of Nonresidential Parking Required. If on-site parking spaces for nonresidential uses are provided, such spaces shall be made available for use by the general public during at least one of the following time periods:(A) Monday through Friday, 8:00 a.m. to 5:00 p.m.; or(B) Monday through Friday, 5:00 p.m. to 11:00 p.m. and all day on Saturdays and Sundays.Owners and operators of these shared parking spaces may charge a fee for use of these spaces.(3) Larger Vehicle Parking. Trucks, tractors or tractor-trailers having a capacity of more than a one-and-one-half-ton load, front- and rear-end loaders, or any kind of commercial, industrial, agricultural or transportation vehicles/equipment used primarily for business purposes, shall not be parked or stored in the N-M, N-L, and MS-M zones for purposes other than immediate unloading, loading or delivery services.Automobiles, small trucks, vans, vehicle trailers permitted in conjunction with an approved home occupation, and recreational vehicles, utilized for personal or business use, are excluded from the provisions of this subsection.(4) Storage of Unregistered or Inoperable Motor Vehicles. Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses, but without current plates or inoperable, shall be only parked within completely enclosed buildings.(5) Cargo or Freight Container. Portable cargo or freight storage containers in any zone for purposes of loading or unloading, may be parked or stored on-premises for a period not to exceed ten days in any one calendar year.(6) Commercial Auto Repairs. New businesses offering commercial repair service and/or restoration of vehicles are not allowed.(d) Number of Motor Vehicle Parking Spaces Allowed.(1) Allowed Spaces. The maximum number of parking spaces allowed is listed in DMC Sections 40.13.090 through 40.13.120, subsection E (Parking) of the applicable zone. For any use not listed in that section, parking shall not exceed a ratio equivalent to the average peak parking occupancy rate for the most comparable land use in the Institute of Transportation Engineers Parking Generation report. The community development department shall determine the most comparable land use.(2) Maximum Number of Parking Spaces in Downtown Zones. When calculating the maximum number of parking spaces, numbers shall be rounded to the closest whole number.(3) Exception In the Event of Changes of Use or Alterations to Existing Buildings or Structures. If an existing building or structure is altered or existing land uses are changed, the existing number of parking spaces on a property may be retained, even if the resulting building, structure or land use would ordinarily be subject to a lower maximum parking allowance.(4) No Minimum Requirement. There shall be no requirement for a minimum number of automobile parking spaces at any land use.(e) Electric Vehicle Charging. If parking is provided at a development, electric vehicle charging facilities shall be provided in compliance with the requirements of the City of Davis Electric Vehicle Charging Facilities Plan.(f) Traffic-Minimizing Parking Standards.(1) Carshare Parking Spaces.(A) If parking is provided at a development, carshare parking spaces shall be provided in the amounts specified in Table 40.14.050.A (Required Carshare Parking Spaces).Table 40.14.050.A: Required Carshare Parking SpacesLand UseCarshare Parking Spaces RequiredResidential0-49 unitsNone50-100 units1101 or more units2 + 1 per additional 200 unitsOffice/Research & Development< 10,000 sfNone> 10,000 sf1/10,000 sf(B) The required carshare spaces shall be made available, at no cost, to a carshare service for purposes of providing carshare services to its members. At the election of the property owner, the carshare spaces may be provided on the building site; or on another off-street site within eight hundred feet of the building site.(C) Required carshare space or spaces shall be designed in a manner that will make the spaces accessible to nonresident subscribers from outside the building as well as building residents.(D) Prior to city approval of the first building or site permit for a building subject to the carshare requirement, a notice of special restriction on the property shall be recorded indicating the nature of requirements of this section and identifying the minimum number and location of the required carshare parking spaces. The form of the notice and the location or locations of the carshare parking spaces shall be approved by the city.(E) If it is demonstrated to the satisfaction of the city that no carshare service can make use of the dedicated carshare parking spaces, the spaces may be occupied by non-carshare vehicles; provided, however, that upon ninety days of advance written notice to the property owner from a carshare service, the property owner shall terminate any non-carsharing leases for such spaces and shall make the spaces available to the carshare service for its use of such spaces.(2) Carpool Spaces. If parking is provided at a development, parking spaces reserved for use by carpool/vanpool vehicles shall be designated in preferred locations (such as closest to building entries). The locations of these spaces shall be approved by the city. The minimum number of carpool spaces required is listed in Table 40.14.050.B (Required Carpool Parking Spaces).Table 40.14.050.B: Required Carpool Parking SpacesLand UseCarpool Parking Spaces RequiredOffice/Research & Development< 10 parking spacesNone> 10 parking spaces10% of the total number of spacesAll other land usesNone(3) Parking Costs Unbundled from the Cost of Other Goods and Services.(A) Residential Uses. All off-street parking spaces accessory to residential uses in structures of four dwellings or more shall be leased or sold separately from the rental or purchase fees for dwellings for the life of the dwellings, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwellings. Additionally the prices charged for unbundled parking to renters or buyers of onsite inclusionary affordable units shall be reduced proportionally to their affordable income level.(B) Exception. The director may grant an exception from this requirement for developments which include financing for affordable housing that requires that costs for parking and housing be bundled together.(C) Nonresidential Uses. All off-street parking spaces accessory to nonresidential uses shall be leased or sold separately from the rental or purchase fees for nonresidential building space for the life of the building, such that potential renters or buyers have the option of renting or buying building space at a price lower than would be the case if there were a single price for both the building space and the parking space.(D) Below-Cost Pricing Prohibited. Where parking is required to be leased or sold separately, below-cost pricing is prohibited. Minimum rates for parking spaces shall be set initially at not less than the equivalent of three hundred dollars per month per space for rented spaces and not less than fifty thousand dollars per space for sold spaces, except as required for renters or buyers of inclusionary units. Thereafter, the city may annually review and adjust these rates to achieve the goal of ensuring that parking spaces are not rented or sold at below-cost prices. The city may also approve daily and/or hourly rental rates equivalent to the minimum monthly rate.(E) Exception. Off-street parking spaces accessory to retail uses are not required to be leased or sold separately from retail space and may be offered to shoppers and other visitors free of charge for stays of up to two hours.(4) Parking Cash Out Required. Each employer who provides a parking subsidy to employees working within the Downtown Code boundaries shall offer a parking cash-out program. \"Employee\" means any person, including regular employees, contract employees and contractors, who regularly works within the Downtown Code boundaries. \"Parking cash-out program\" means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. \"Parking subsidy\" means the difference between the out-of-pocket amount paid by an employer on a regular basis to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.(g) Parking Spaces, Building Site Design and Layout.(1) Access. The following standards are applicable to on-site parking lot access design:(A) All on-site parking facilities shall be designed with an appropriate means of vehicular access to a thoroughfare or to an alley to cause the least interference with traffic flow.(B) Parking spaces in any parking lot or parking structure shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare. Ingress to and egress from parking spaces shall be from an on-site aisle or driveway, except parking spaces within building sites may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane.(C) On-site loading space(s) is not required.(2) Driveways.(A) Access to Driveways.(i) Developments of Two or Fewer Dwelling Units. Access to and from driveways onto public thoroughfares shall be where practical by forward motion of the vehicle.(ii) All Other Developments. Access to and from driveways onto public thoroughfares shall be by forward motion of the vehicle.(B) Driveways shall extend to and include the area between the building site line and the edge of the street pavement.(C) The design and construction of all on-site parking access drives shall meet city standards.(3) Identified as to Purpose and Location. On-site parking areas of four or more spaces shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features.(4) Materials.(A) All on-site parking areas and driveways shall be surfaced with materials as approved by the city engineer and maintained in compliance with the city standards.(B) The use of pervious or semi-pervious parking area surfacing materials, including, but not limited to, \"grasscrete,\" or recycled materials such as glass, rubber, used asphalt, brick, block and concrete, is subject to approval by the director and city engineer. Where possible, such materials should be used in areas in proximity to and in combination with on-site stormwater control devices.(5) Landscaping, Fencing, and Screening. The landscaping, fencing and screening requirements identified in Table 40.14.050.C (Required Parking Lot Landscaping) shall be applied with the standards of Section 40.14.030 (Screening), Section 40.14.040 (Landscaping) and Article 40.42 (Water Efficient Landscaping).Table 40.14.050.C: Required Parking Lot LandscapingNumber of Parking SpacesPercent of Gross Parking Area Required to be Landscaped6 or fewer0%; 5' min. wide planter between every 5 spaces, property line, building(s).7 to 154%; 5' min. wide planter between every 5 spaces, property line, building(s).16 to 308%; 5' min. wide planter between every 5 spaces, property line, building(s).31 to 7012%; 5' min. wide planter between every 5 spaces, property line, building(s).71 and over16%; 5' min. wide planter between every 5 spaces, property line, building(s).Required Shade TreesAmount1 tree per 2,700 sf of gross site area acre, minus building coverage (footprint).Can size15 gallon.Caliper3/4\" min.Height at installation6-8' min.Required shade50% of parking lot. See Section 40.25.100(f).CharacteristicsHigh branching, broad headed, shading form.LocationEvenly spaced throughout the parking lot to provide uniform shade.Required border6\" high curb or equivalent.Border and stormwaterCurbs shall provide breaks every 4\" to provide drainage to retention and filtration areas.Tree well size15' min. in any direction.Car overhangsMust be prevented by stops.Note:1Any vehicle overhang requires the minimum planter area width to be expanded by an equivalent dimension.(A) Parking and loading areas shall be screened from adjacent residential zones by a six-foot wall, fence, or evergreen, subject to approval by the director.(B) Screening is not required when parking area(s) is adjacent to an alley.(C) Landscaping areas shall accommodate stormwater management features to the extent feasible as determined by the city.(D) For the portion of a parking area over which photovoltaic solar collectors are installed where they also function as shade structures, the minimum requirement for trees shall be waived, and shrubs and ground covers shall be planted in compliance with Article 40.42 (Water Efficient Landscaping) for every eight parking spaces.(6) Location. Location of required on-site parking in all zones is regulated by setbacks set forth in Article 40.13 (Downtown Davis Zones) and the following:(A) Parking lots with twenty or fewer spaces shall have all on-site parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area;(B) Parking lots with more than twenty spaces shall have all on-site parking areas separated at least ten feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area; and(C) This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.(7) Size of Parking Lot. Parking lots larger than one-quarter of an acre in size, except for those located under a building, shall be broken down into smaller parking areas with planted landscape areas with a minimum width of fifteen feet between them to minimize the perceived scale of the total field of stalls.(8) Tandem Parking. Tandem parking is allowed in all zones for all uses.(h) Bicycle Parking Requirements.(1) Applicability. Bicycle parking requirements apply in all zones.(2) Number of Bicycle Parking Spaces and Standards. Bicycle parking shall be provided in compliance with the requirements of the Municipal Code, Article 40.25A (Bicycle Parking Standards).(i) Transit Passes for Employees and Residents—Free Transit for Employees and Residents. Developers shall be required to provide passes for local transit service to the development's employees and residents free of charge. This requirement may be satisfied by enrolling the development in a deep-discount group pass program. Each employee shall be provided with a transit pass, and a minimum of one transit pass per dwelling shall be provided.(j) ADA Compliance. The director may grant a variance to the parking lot design variables if it can be shown that the requirement limits the ability to comply with accessibility requirements.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876578", "number": "§ 40.14.060", "title": "Live/work units.", "text": "(a) Purpose. This section provides standards for the construction and operation of live/work units and for the reuse of existing buildings to accommodate live/work opportunities where allowed in the zone.(b) Permit Required. See Table 40.13.130 (Permitted/Conditional Uses) for permits required for live/work units.(c) Allowed Zones. Live/work is allowed in existing or new buildings as allowed by the zone.(d) Application Requirements. In addition to the information and materials required for an administrative use permit, the city may require an application for a live/work unit to include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I Environmental Assessment shows potential health risks, a Phase 2 Environmental Assessments shall be prepared and submitted to the department to determine if remediation may be required.(e) Limitation on Use. The nonresidential (\"work\") component of a live/work unit shall be a use allowed within the zone. A live/work unit shall not be established or used in conjunction with any of the following activities:(1) Adult-oriented businesses;(2) Vehicle maintenance or repair (such as body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc.);(3) Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; and(4) Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.(f) Occupancy Requirements. The residential (\"live\") component of a live/work unit shall be the principal residence of at least one individual employed in the business conducted within the live/work unit.(g) Operating Requirements.(1) Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.(2) Notice to Occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial and industrial properties in the applicable zone.(3) On-Premises Sales. On-premises sales of goods are limited to those produced within the live/work unit; provided, that retail sales activity shall be incidental to the primary production work within the unit. Open studio programs and gallery shows may be included as allowed by the zone.(4) Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is otherwise prohibited or limited by the administrative use permit. The employment of three or more persons who do not reside in the live/work unit may be allowed based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) and Uniform Fire Code (UFC) requirements.(5) Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the administrative use permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.(h) Changes in Use. A live/work unit shall not be converted to either entirely residential use or entirely business use unless approved by the city. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed.(i) Additional Standards.(1) Main Street Medium and Main Street Large Zones. In commercial live/work occupancies, the \"work\" component shall be located in the front or public portion of the building or unit in which the combined use is located.(2) Floor Area Requirements. The floor area of each unit's work space shall be at least thirty percent of the total floor area of the unit.(3) Separation and Access. Each live/work unit shall be separated from other live/work units or other uses in the building. Access to each live/work unit shall be provided from a public street, or common access area, corridors, or halls. The access to each unit shall be clearly separated from other live/work units or other uses within the structure.(4) Facilities for Commercial or Office Activities. A live/work unit shall be designed to accommodate commercial or office uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or office facilities used for the same work activity.(5) Integration of Living and Working Space. Areas within a live/work unit that are designated as living spaces shall be integral to the live/work unit. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the Building Code.(6) Mixed-Occupancy Buildings. If a building contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the building official.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876603", "number": "§ 40.14.070", "title": "Specific to building types.", "text": "(a) Overview.(1) Building types are important for providing affordable housing opportunities and incubating small businesses as amenities within walkable neighborhoods.(2) This section sets forth standards for the development of each building type. Table 40.14.070.A (Overview of Building Types) provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a detached house may have nonresidential uses within it, such as a restaurant or office, as allowed by the zone.(3) Building types are categorized into two groups: house-form buildings and block-form buildings. House-form buildings are those that are the size of a house, typically ranging in footprint from as small as twenty-five feet up to eighty feet overall. Block-form buildings are individually as large as most or all of a block or, when arranged together along a street, appear as long as most or all of a block.(4) The building site size standards for each building type are set in the Downtown Zones, see Sections 40.13.090 through 40.13.120 to generate pedestrian-oriented buildings. The building site size designates the range of building site sizes on which the given building type is allowed to be built. If the subject building site is smaller than the allowed building site size, a different building type must be selected.(5) Each building site shall have only one primary building type, except as follows:(A) Where allowed by the zone and as allowed in Section 40.26.010, one accessory dwelling unit is allowed in addition to the primary building type;(B) More than one building type is allowed on a parcel that identifies proposed multiple building site lines that meet the requirements of this article. See Figure 40.14.070.A (Example of Multiple Building Sites on an Existing Parcel).(C) Notwithstanding subsection (B), if an existing lot contains a building that is considered non-conforming as listed in Article 40.28 of the Davis Municipal Code, more than one building type is not allowed on a parcel that identifies proposed multiple building site lines that meet the requirements of this Article.\"Table 40.14.070.A: Overview of Building Types1. Building Types (Legal Non-Conforming)ZonesBuilding TypeDetached HouseDuplex (Stacked)Duplex (Side-by-Side)FormHouse-Form BuildingHouse-Form BuildingHouse-Form BuildingDescription40.14.070.A.1: Detached House.A small-to-medium-sized detached structure with one unit and private open space. It is typically located within a lower-intensity residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code.40.14.070.A.2: Duplex (Stacked).A small-to-medium-sized detached structure that consists of two stacked dwelling units, both facing the street and within a single building massing. This Type has the appearance of a medium-to-large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space.This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code.40.14.070.A.3: Duplex (Side-by-Side).A small-to-medium-sized detached structure that consists of two side-by-side dwelling units, both facing the street and within a single-building massing. This Type has the appearance of a medium-to-large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space.This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code.Table 40.14.070.A: Overview of Building Types (Continued)2. Building TypesZonesBuilding TypeCottage CourtMultiplex: SmallMultiplex: LargeIllustrationFormHouse-Form BuildingSyn: Bungalow CourtHouse-Form Building Syn: Triplex to SixplexHouse-Form BuildingSyn: Mansion ApartmentDescription40.14.070.B: Cottage Court.A group of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court is common open space and takes the place of a private rear yard, thus becoming an important community-enhancing element. Private open space is not required. This Type is appropriately-scaled to fit within low-to-moderate-intensity neighborhoods and can be applied in non-residential contexts.40.14.070.C: Multiplex: Small.A medium-sized structure that consists of 3 to 6 side- by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized single-family home and is appropriately scaled to fit as a small portion of low- to moderate-intensity neighborhoods. Private open space is not required.40.14.070.D: Multiplex: Large.A medium-to-large-sized structure that consists of 7 to 18 side-by-side and/or stacked dwellings, typically with one shared entry. This Type is appropriately scaled to fit in within moderate-intensity neighborhoods or as a small portion of lower-intensity neighborhoods.ZonesBuilding TypeTownhouseCourtyardMain StreetIllustrationFormHouse-Form 2 to 3 units;Block-Form 4 to 8 units Syn: RowhouseHouse-Form BuildingSyn: Courtyard ApartmentBlock-Form BuildingDescription40.14.070.E: Townhouse.A small-to-large-sized typically attached structure that consists of up to 3 or up to 8 Townhouses placed side-by-side. Each townhouse may consist of one unit or up to two, stacked units. As allowed by the zone, this Type may also occasionally be detached with minimal separations between buildings. Each unit has private open space. This Type is typically located within moderate-to-high intensity neighborhoods, or near or on a neighborhood main street.40.14.070.F: Courtyard.A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared court is common open space. Private open space is not required.This Type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-to-high intensity neighborhoods and can be applied in non-residential contexts.40.14.070.G: Main Street.A small-to-large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses. This Type makes up the primary component of portions of neighborhood and downtown main streets, therefore being a key component to providing walkability.40.14.070.A.1: Detached HouseTwo-Story Detached House with Small Engaged PorchTwo-Story Houses with Projecting Porches1. Description.A small- to medium-sized detached structure with one unit and private open space. It is typically located within a lower-intensity residential neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code.2. Number of Units.House Form Building3. Building Size and Massing.HeightMax. Number of Stories2Max. Height to Highest Top Plate24'Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards).Main BodySize36' x 48' max.ⒶSecondary Wing(s)1Width15' max.ⒷDepth20' max.ⒸFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Frontage Types.Porch: Projecting40.14.090.APorch: Engaged40.14.090.B5. Pedestrian Access.Main Entrance LocationFront StreetⒹ6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.Ⓔ7. Private Open Space.Width20' min.ⒻDepth20' min.ⒼRequired street setbacks and driveways shall not be included in the private open space area calculation.Required private open space shall be located behind the main body.Note:1Secondary wings limited to 1 story. Max. 14' to highest top plate.40.14.070.A.2 Duplex (Stacked)1. DescriptionA small-to-medium-sized detached structure that consists of two stacked dwelling units, both facing the street and within a single building. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code.2. Number of UnitsUnits per Building2 max.Duplexes per Building site1 max.House-Form Building.3. Building Size and MassingHeightMax. Number of Stories2Max. Height to Highest Top Plate24'Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards).Main BodySize36' x 48' max.ⒶSecondary Wing(s)Depth24' max.ⒷWidth18' max.ⒸFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to Massing, Facades and Architectural Elements).4. Frontage TypesPorch: Projecting40.14.090.APorch: Engaged40.14.090.BStoop40.14.090.CDooryard40.14.090.D5. Pedestrian AccessMain Entrance LocationFront street1ⒹEach unit shall have an individual entry facing the street on, or within 10' of the front facade.1On corner building sites, each unit shall front a different street.6. Vehicle Access and ParkingDriveway and parking location shall comply with standards in Subsection E (Parking) of the zone where the property is located.Ⓔ7. Private Open SpaceWidth15' min.ⒻDepth15' min.Required street setbacks and driveways shall not be included in the private open space area calculation.Required private open space shall be located behind the main body.40.14.070.A.3 Duplex (Side by Side)1. DescriptionA small-to-medium-sized detached structure that consists of two side-by-side dwelling units, both facing the street and within a single building. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code.2. Number of UnitsUnits per Building2 max.Duplexes per Building Site1 max.House-Form Building.3. Building Size and MassingHeightMax. Number of Stories2Max. Height to Highest Top Plate24'Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards).Main BodySize36' x 48' max.ⒶSecondary Wing(s)Depth24' max.ⒷWidth18' max.ⒸFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to Massing, Facades and Architectural Elements).4. Frontage TypesPorch: Projecting40.14.090.APorch: Engaged40.14.090.BStoop40.14.090.CDooryard40.14.090.D5. Pedestrian AccessMain Entrance Location Front Street1ⒹEach unit shall have an individual entry facing the street on, or within 10' of front facade.1On corner building sites, each unit shall front a different street.6. Vehicle Access and ParkingDriveway and parking location shall comply with standards in Subsection E (Parking) of the zone where the property is located.Ⓔ7. Private Open SpaceWidth15' min.ⒻDepth15' min.ⒼRequired street setbacks and driveways shall not be included in the private open space area calculation.Required private open space shall be located behind the main body.40.14.070.B: Cottage CourtA Five-Building, One-Story Cottage Court With Projecting Porches Along a Court Leading to EntriesOne-Story Cottage Court With Stoops1. Description.A group of small, detached structures, arranged to define a shared court that is typically perpendicular to the street. The shared court is common open space and takes the place of a private rear yard, thus becoming an important community-enhancing element. Private open space is not required. This type is appropriately-scaled to fit within low- to moderate-intensity neighborhoods and can be applied in nonresidential contexts.2. Number of Units.Units per Building1 max.Cottages per Building site (up to 1 Cottage may contain up to 3 units as allowed by the zone)3 min.Syn: Bungalow CourtHouse-Form Buildings3. Building Size and Massing.HeightMax. Number of Stories2Max. Height to Highest Top Plate24'Main BodyWidth32' max.ⒶDepth24' maxⒷFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).The separation between cottages shall be a minimum of 7'.4. Allowed Frontage Types.Porch: Projecting40.14.090.AStoop40.14.090.CDooryard40.14.090.D5. Pedestrian Access.Shared court shall be accessible from front street.ⒸMain entrance location to units from shared court.Units on a corner may enter from the side street.Pedestrian connections shall link all buildings to the public ROW, shared court, and parking areas.6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the applicable zone.ⒹSpaces may be individually accessible by the units and/or a common parking area located at the rear or side of the building site.7. Common Open Space.Width20' min.ⒺDepth30' mins. (3 units);40' min. (5 to 9 units)Required street setbacks and driveways shall not be included in the common open space area calculation.40.14.070.C: Multiplex Small1. Description.A medium-sized structure that consists of a minimum of 3 side-by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized single-family home and is appropriately scaled to fit as a small portion of low- to moderate-intensity neighborhoods. Private open space is not required.2. Number of Units.Units per Building3 min.Multiplexes per Building Site1 max.Syn: Triplex to SixplexHouse-Form Building3. Building Size and Massing.HeightMax. Number of Stories3Max. Height to Highest Top Plate32'Main BodyWidth48' max.ⒶDepth48' max.ⒷSecondary Wing(s)Width24' max.ⒸDepth30' max.ⒹFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Allowed Frontage Types.Porch: Projecting40.14.090.APorch: Engaged40.14.090.BStoop40.14.090.CDooryard40.14.090.D5. Pedestrian Access.Main Entrance LocationFront streetⒺEach unit may have an individual entry.6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.Ⓕ7. Common Open Space.Width25' min.ⒼDepth12' min.ⒽRequired street setbacks and driveways shall not be included in the common open space area calculation.Required common open space shall be located behind the main body.40.14.070.D: Multiplex Large1. Description.A medium- to large-sized structure that consists of a minimum of 7 side-by-side and/or stacked dwellings, typically with one shared entry. This type is appropriately scaled to fit in within moderate-intensity neighborhoods or as a small portion of lower-intensity neighborhoods.2. Number of Units.Units per Building7 min.Multiplexes per Building Site1 max.Syn: Mansion ApartmentHouse-Form Building3. Building Size and Massing.HeightN-MN-LMS-MMax. Number of Stories3; (4)44; (5)Max. Height to Highest Top Plate35'; (45')45'45'; (58')Main BodyWidth80' max.ⒶDepth60' max.ⒷSecondary Wing(s)Width30' max.ⒸDepth40' max.ⒹFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Allowed Frontage Types.Porch: Projecting40.14.090.AStoop40.14.090.CTerrace40.14.090.H5. Pedestrian Access.Main entrance locationⒺUnits located in the main body shall be accessed by a common entry along the front street.On corner building sites, units in a secondary wing may enter from the side street.6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.7. Common Open Space.Common open space is not required.40.14.070.E: Townhouse1. Description.A small- to large-sized typically attached structure that consists of up to 3 or up to 8 townhouses placed side by side. Each townhouse may consist of one unit or multiple, stacked units. As allowed by the zone, this type may also occasionally be detached with minimal separations between buildings. Each unit has private open space. This type is typically located within moderate- to high-intensity neighborhoods, or near or on a neighborhood main street.2. Number of Units.Max. Townhouses per Building Site1Syn: Rowhouse3. Building Size and Massing.HeightN-MN-LMS-MMax. Number of Stories3514Max. Height to Highest Top Plate34'60'45'Main BodyTownhouse Width18' min.; 30' max.ⒶTownhouse Depth50' max.ⒷWidth per RunHouse-form: 75' max;Block-form: 180' max.ⒸSecondary Wing(s)The footprint area of secondary wing(s) may not exceed the footprint area of the main body.Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Allowed Frontage Types.Porch: Projecting40.14.090.APorch: Engaged40.14.090.BStoop40.14.090.CDooryard40.14.090.DTerrace40.14.090.H5. Pedestrian Access.Main Entrance LocationFront streetⒹEach unit shall have an individual entry facing a street.6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.Ⓔ7. Private Open Space.Width8' min.ⒻDepth8' min.ⒼRequired street setbacks and driveways shall not be included in the private open space area calculation.Required private open space shall be located behind the main body.Note:1Each Townhouse may be divided vertically into 3 units.40.14.070.F: Courtyard1. Description.A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared court is common open space. Private open space is not required. This type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate- to high-intensity neighborhoods and can be applied in nonresidential contexts.2. Number of Units.Units per Building SiteUnrestrictedCourtyard Buildings per Building Site1 max.Syn: Courtyard ApartmentHouse-Form Building3. Building Size and Massing.HeightN-MN-LMS-MMS-LMax. Number of Stories3435Max. Height to Highest Top Plate24'45'34'60'Rooftop room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards).Main Body/Secondary Wing(s)Size150' max.Ⓐ65' max.ⒷFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Allowed Frontage Types.Porch: Projecting40.14.090.APorch: Engaged40.14.090.BStoop40.14.090.CShopfront40.14.090.GTerrace40.14.090.H5. Pedestrian Access.The main entry of ground floor units shall be directly off of a courtyard or street, whichever is closer.Courtyards shall be accessible from the front street.ⒸMultiple courtyards required to be connected via a passage through or between buildings.6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.Ⓓ7. Common Open Space.Main Body Height1Size Ⓔ1 to 2 Stories (min./max.)20' to 40' by 20' to 85'3 Stories (min./max.)25' to 50' by 30' to 105'4+ Stories (min./max.)25' to 50' by 40' to 135'Building shall define at least two walls of a courtyard.Side(s) of courtyard not defined by building shall be defined by 2'-6\" to 6' tall wall with entry gate/door.Notes:1Height measured at the highest story along courtyard.40.14.070.G: Main Street1. Description.A small- to large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses. This type makes up the primary component of portions of neighborhood and downtown main streets, therefore being a key component to providing walkability.2. Number of Units.Units per BuildingUnrestricted1Main Street Buildings per Building Site1 max.Block-Form Building3. Building Size and Massing.HeightMS-MMS-LMax. Number of Stories4; (5)25; (7)2Max. Height to Highest Top Plate50; (65)260; (90)2Main BodySize150' max.120' max.ⒶⒷSecondary Wing(s)3Size100' max.65' max.ⒸⒹFacades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements).4. Allowed Frontage Types.Dooryard440.14.090.DForecourt40.14.090.EShopfront40.14.090.GTerrace40.14.090.HGallery40.14.090.I5. Pedestrian Access.Upper floor units shall be accessed by a common entry along the front street.ⒺGround floor units may have individual entries along the front street or side street.ⒻOn corner building sites, units in a secondary wing or accessory structure may enter from the side street.Ⓖ6. Vehicle Access and Parking.Driveway and parking location shall comply with standards in Sections 40.13.090—40.13.120, subsection E (Parking) of the zone where the property is located.Ⓗ7. Common Open Space.Common open space is not required.Note:1 Number of units restricted by UBC and UFC requirements.2Additional height is allowed, see Official City of Davis Zoning Map.3Required on corner building sites.4Only on side streets.(b) Compliance of Existing Structures. Buildings that existed prior to the adoption of the Form Based Code, and which became non-conforming by reason of the adoption of the Form Based Code, shall be permitted to continue in use as listed in Section 40.28 of the Davis Municipal Code.(1) Non-conforming structures which are damaged or demolished more than 60%, as defined in Article 40.28 of the Davis Municipal Code, must establish a new building type and comply with the applicable zone.(2) An enlargement or alterations to a non-conforming structure shall be consistent with Article 40.28 of the Davis Municipal Code. A non-conforming structure may be increased by a total of no more than 15% of the gross square footage existing at the time of the adoption of the Form Based Code, as determined by the Community Development Director. An alteration is permitted if the addition results in greater conformance with the zoning and building type specifications of the code.(3) Pursuant to Section 8.19.010 of the Davis Municipal Code, non-conforming structures with exterior walls that are demolished by more than 25%, must establish a new building type with the reconstruction. Exterior changes that are equate to 25% or less of the perimeter walls are allowed.(c) Limited Exception for Involuntary Destruction. Notwithstanding subsection (b) above, if a Detached House Building Type is Owner-Occupied as of March 4, 2025 and is involuntarily damaged or destroyed, the property owner may rebuild the same Building Type on the same footprint and with equivalent square footage as the previous structure. This exemption shall only apply where the property owner can demonstrate that they have continuously occupied the structure as their primary residence since March 4, 2025, and shall not apply to properties that are transferred through sale, inheritance, or any other mechanism after that date.", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44876612", "number": "§ 40.14.080", "title": "Specific to massing, facades and architectural elements.", "text": "(a) Overview. This section sets forth standards that supplement the zone standards to further refine building form and physical character per Downtown Davis Specific Plan vision. Table 40.14.080.A (Overview of Specific to Massing, Facades and Architectural Elements) provides an overview of the requirements. Historic resource buildings are exempt from these standards.(b) Massing and Facade Articulation Standards. As required by Section 40.14.070, subsection 3 (Building Size and Massing) of the standards of each building type, facades on a street or civic space shall be designed in compliance with the standards identified in Table 40.14.080.B (Massing and Facade Articulation Standards).(c) Historic Resource Adjacency Standards. As required by Sections 40.13.090—40.13.120, subsection C (Building Form) and subsection D (Building Placement) of each zone, all building sites adjacent to a Designated Historical Resource shall comply with all additional massing standards identified in Table 40.14.080.C (Historic Resource Adjacency Standards).(d) Rooftop Room Standards. As identified in Sections 40.13.090—40.13.120, subsection 3 (Building Size and Massing) of the standards of each building type in Section 40.14.070 (Specific to Building Types), one rooftop room is allowed on the uppermost roof in compliance with the standards identified in Table 40.14.080.D (Rooftop Room Standards).Table 40.14.080.A: Overview of Specific to Massing, Facades and Architectural ElementsScenarioMinimum Requirements(Section 40.14.070)Reference (Table)Massing and Facade Articulation StandardsAll BuildingsAll items of subsection 140.14.080.B.1a. Tripartite Facade DesignBuildings over 3 storiesAt items of subsection 240.14.080.B.2a. Change in Color or MaterialBuildings over 75 feet long1All items of subsection 340.14.080.B.3a. Vertical ArticulationCorner Elements; as identified in Figure 40.13.070.BAll items of subsection 440.14.080.B.4a. Corner ElementsHistoric Resource Adjacency StandardsHouse-Form BuildingsAll items of subsection 140.14.080.C.1a. Side Stepbacksb. Side SetbacksBlock-Form BuildingsAll items of subsection 240.14.080.C.2a. Main Body and Wing(s)b. Side SetbacksRooftop Room StandardsBuildings up to 2 stories; as allowed by Sections 40.13.090—40.13.120, subsection C (Building Size and Massing) of the building type.All items of subsection 140.14.080.D.1a. Generalb. Room Formc. Room Placementd. Room OpeningsNote:1As measured along street or civic space.Table 40.14.080.B: Massing and Facade Articulation Standards1. All Buildings2. Buildings Over 3 Storiesa. Tripartitea. Change in Color or MaterialNew facades and renovations along a street or civic space shall be designed with tripartite architecture. An expression line, setback or other architectural element shall be used to delineate the base and top.New facades and renovations along a street or civic space on buildings over 3 stories shall be designed to modulate the apparent size and scale of the building by changing colors and/or materials. This may be applied throughout the building but is required above the third story.Distinct BaseⒶChange in Color and/or MaterialⒶMiddleⒷVertical or horizontal articulation as applicable.ⒷTopⒸStepback required by zoneⒸ3. Buildings over 75 Feet Long4. Corner Elementsa. Vertical Articulationa. Corner ElementsNew facades and renovations along a street or civic space shall modulate the apparent size and scale of the building by stepping a portion of the facade upward or downward from the predominant building height by at least one story. This technique offers the opportunity to organize a long building into multiple apparent buildings to avoid the appearance of a block-long building.Where required on the Zoning Map, new facades and renovations shall include a corner element to give visual importance to corner and further shape the public realm.Vertical steppingⒶWidth: 25% min. to 30% max. of longest associated facade.ⒶDepth: 2' min.ⒷWidth: 25' min.ⒷStepping must compromise 50% min. of facade.ⒸProjection Depth: 12' max.ⒸDepth: 10' min.ⒹTop story height: 14' max.ⒹUnbroken façade: 20' max.ⒺStepback required by zoneⒺStepback required by zoneⒻ5. Rear and Side ElevationsWhere the rear or side elevation of any building will be exposed to public view, whether the exposure is permanent or temporary (blocked by a future potential building), said rear or side elevation shall have similar architectural treatment as the front or street side of the building. Large flat, unadorned elevations will not be acceptable.Table 40.14.080.C: Historic Resource Adjacency Standards1. House-Form Buildingsa. Side StepbacksA front and side stepback is required above the 2nd story or above the top story of the adjacent historic resource building if over 2 stories.Front Stepback: 15' min.ⒶSide Stepback: 25' min.Ⓑb. Side SetbacksMinimum 10' side setback is required on the side facing the adjacent historic resource building for a minimum depth of 25' measured from the front setback.Side Setback: 10' min.ⒸDepth: 25' min. or to align with adjacent front facade of main body.ⒹResulting facade shall be treated as a front or side street facade.2. Block-Form Buildingsa. Main Body and Wing(s)Within 35 feet of the adjacent historic resource building's building site, the new building or addition is required to reduce in size through a wing extending from the larger building mass. Additional wings are allowed but must be separated by the distance below.Wing Width: 20' max.ⒶWing Depth: 25' min.ⒷWing Height: 2 stories max.ⒸDistance Between Wings: 25' min.Ⓓb. Side SetbacksMinimum 10' side setback is required on the side facing the adjacent historic resource building for a minimum depth of 25' measured from the front setback.Side Setback: 10' min.ⒺDepth: 25' min. or to align with adjacent front facade of main body.ⒻResulting facade shall be treated as a front or side street facade.Table 40.14.080.D: Rooftop Room Standards1. Buildings Up to 2 Stories.a. GeneralMax. Rooftop Rooms per Building1 (must be allowed by the building type)Materials shall be consistent with the main building.Exterior access is allowed in compliance with UBC and UFC standards.b. Room FormInterior clear dimensions12' max.ⒶFloor-to-ceiling height10' max.ⒷOverall height14' max.ⒸWhen room is present, roof shall be consistent with roof style of main building.c. Room PlacementSide setback10' min.ⒹRear setback15' min.ⒺShall be located in uppermost roof of main building.d. Room OpeningsOpening or glazing on each side75% min.Openings shall be vertically proportioned, not square or horizontal.Openings may be glazed.Examples of Rooftop Rooms and their limited footprint compared to the main building.", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44876617", "number": "§ 40.14.090", "title": "Specific to frontage types.", "text": "(a) Overview.(1) This section sets forth standards applicable to all frontages in downtown zones. Frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). Table 40.14.090.A (Overview of Frontage Types) provides an overview of the allowed frontage types. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a porch may be used by nonresidential uses such as a restaurant or office as allowed by the zone.(2) Each building shall have at least one frontage type along each street frontage or along a civic space.(3) Frontage types not listed in Sections 40.13.090—40.13.120, subsection G (Frontages) of the applicable zone standards are not allowed in that zone.(4) Frontage types not listed in subsection 4 (Allowed Frontage Types) of the applicable building type standards are not allowed on that building type.(5) Each building may have multiple frontage types in compliance with the allowed types in subsection 4 (Allowed Frontage Types) of each building type standards.(6) Each frontage type shall be located in compliance with the facade zone per Sections 40.13.090—40.13.120, subsection D (Building Placement) of the zone standards.(7) Standards are stated for the front of a building site and are to be adjusted for side street facades in compliance with the setbacks of the zone.Table 40.14.090.A: Overview of Frontage TypesZonesFrontage TypePorch: ProjectingPorch: EngagedStoopDooryardSectionPlanDescription40.14.090.A: Porch: Projecting.The main facade of the building is set back from the front building site line with a porch encroaching into the front setback. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories, is open on three sides, and all habitable space is located behind the building setback line.40.14.090.B: Porch: Engaged.A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back. The porch may project into the front yard. The resulting yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories and has two adjacent sides that are engaged to the building while the other two sides are open.40.14.090.C: Stoop.The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk. The stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side accessed. The stoop is typically used for residential uses with small setbacks.40.14.090.D: Dooryard.The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard. Each dooryard is separated from adjacent dooryards. The dooryard may be raised or at grade and is appropriate for ground-floor residential or nonresidential.ZonesFrontage TypeForecourtMaker ShopfrontShopfrontSectionPlanDescription40.14.090.E: Forecourt.The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site. The space may be used as an entry court or shared garden space for housing, or as an additional shopping or restaurant seating area within retail and service areas.40.14.090.F: Maker Shopfront.The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk. This type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on site. This type may include a decorative roll-down or sliding door, including glazing and an awning that overlaps the sidewalk.40.14.090.G: Shopfront.The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use. This type includes substantial glazing between the shopfront base and the ground floor ceiling and may include an awning that overlaps the sidewalk.ZonesFrontage TypeTerraceGalleryArcadeSectionPlanDescription40.14.090.H: Terrace.The main facade is at or near the front or side street building site line with an elevated terrace providing public circulation along the facade. This type is used to provide at-grade access while accommodating an existing or intended grade change.40.14.090.I: Gallery.The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way. This type may be one or two stories. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included.40.14.090.J: Arcade.The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included.40.14.090.A: Porch: Projecting1. Description.The main facade of the building is set back from the front building site line with a porch encroaching into the front setback. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories, is open on three sides, and all habitable space is located behind the building setback line.2. Size.Width, Clear10' min.ⒶDepth, Clear6' min.ⒷHeight, Clear8' min.ⒸFinish Level above Sidewalk0\" min.ⒹStories2 max.Pedestrian Access3' wide min.ⒺDistance between Porch and Sidewalk6' min.ⒻDepth15' min.Ⓖ3. Miscellaneous.Porch must be open on three sides and have a roof.Porches are an allowable encroaching element, see Sections 40.13.090–40.13.120, subsection F (Encroachments) of zone.When ramps are included Design Review is required.40.14.090.B: Porch: Engaged1. Description.A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back. The porch may project into the front yard. The resulting yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories and has two adjacent sides that are engaged to the building while the other two sides are open.2. Size.Width, Clear8' min.ⒶDepth, Clear6' min.ⒷHeight, Clear8' min.ⒸFinish Level above Sidewalk0\" min.ⒹStories2 max.Pedestrian Access3' wide min.ⒺDistance between Porch and Sidewalk6' min.Ⓕ3. Miscellaneous.Up to 20% of the building facade and porch(es) may project beyond the setback line into the encroachment area for the zone.ⒼPorch must be open on two sides and have a roof.When ramps are included Design Review is required.40.14.090.C: Stoop1. Description.The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk- facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-accessed. The Stoop is typically used for residential uses with small setbacks.2. Size.Width, Clear5' min.ⒶDepth, Clear5' min.ⒷHeight, Clear8' min.ⒸStories1 max.Depth of Recessed Entries12' max.ⒹFinish Level above Sidewalk0\" min.Ⓔ3. Miscellaneous.Stairs may be perpendicular or parallel to the building facade.Ramps shall be parallel to facade or along the side of the building.Entry doors are covered or recessed to provide shelter from the elements.Gates are not permitted.All doors shall face the street.When ramps are included Design Review is required.40.14.090.D: Dooryard1. Description.The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard. Each dooryard is separated from adjacent dooryards. The dooryard may be raised or at grade and is appropriate for ground-floor residential or nonresidential.2. Size.Depth, Clear8' min.ⒶLength15' min.ⒷDistance between Glazing4' max.ⒸDepth of Recessed Entries12' max.ⒹPedestrian Access3' wide min.ⒺFinish Level above Sidewalk0\" min.ⒻHeight of Dooryard Fence/Wall above Finish Level36\" max.Ⓖ3. Miscellaneous.For live/work, retail, service, and restaurant uses, the shopfront frontage type is to be applied.Each dooryard shall provide access to only one ground floor entry.When ramps are included Design Review is required.40.14.090.E: Forecourt1. Description.The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site. The space may be used as an entry court or shared garden space for housing, or as an additional shopping or restaurant seating area within retail and service areas.2. Size.Width, Clear15' min.ⒶDepth, Clear15' min.ⒷRatio, Height to Width2:1 max.ⒸHeight from SidewalkFlush with sidewalkⒹ3. Miscellaneous.May be utilized to group several entries at a common elevation in compliance with the zones' ground floor finish level standards.The proportions and orientation of these spaces shall comply with the diagram below for solar orientation and user comfort.40.14.090.F: Maker Shopfront1. Description.The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk. This type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on site. This type may include a decorative roll-down or sliding door, including glazing and an awning that overlaps the sidewalk.2. Size.Distance between Glazing8' max.ⒶGround Floor Glazing between Sidewalk and Finished Ceiling Height30% min.Depth of Recessed EntriesNo max.Shopfront Base (if used)36\" max.Ⓑ3. Awning.Depth5' min.ⒸSetback from Curb2' min.ⒹHeight, Clear8' min.Ⓔ4. Miscellaneous.Rounded and hooped awnings not allowed.Decorative accordion-style doors/windows or other operable windows that allow the space to open to the street require director approval.40.14.090.G: Shopfront1. Description.The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use. This type includes substantial glazing between the shopfront base and the ground floor ceiling and may include an awning that overlaps the sidewalk.2. Size.Distance between Glazing2' max.ⒶGround Floor Glazing Between top of shopfront base and Finished Ceiling Height75% min.Depth of Recessed Entries5' max.Shopfront base6\" min.; 30\" max.Ⓑ3. Awning.Depth5' min.ⒸSetback from Curb2' min.ⒹHeight, Clear8' min.Ⓔ4. Miscellaneous.Residential types of windows are not allowed.Rounded and hooped awnings are not allowed unless part of a historically designated building.Decorative accordion-style doors/windows or other operable windows that allow the space to open to the street are subject to director approval.40.14.090.H: Terrace.1. Description.The main facade is at or near the front of side street building site line with an elevated terrace providing public circulation along the facade. This type is used to provide at-grade access while accommodating an existing or intended grade change.2. Size.Depth of Terrace8' min. residential 12' min. nonresidentialⒶFinish Level above Sidewalk24\" max.ⒷLength of Terrace100' max.Distance between Stairs25' max.Ⓒ3. Miscellaneous.These standards are to be used with those for the shopfront frontage type where the zone requires the shopfront type.Where the frontage type requires the ground floor to be flush with the sidewalk, the terrace shall be considered to be the sidewalk.Low walls used as seating are allowed.May be utilized to group several entries at a common elevation in compliance with the zones' ground floor finish level standards.40.14.090.I: Gallery1. Description..The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way. This type may be one or two stories. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included.2. Size.Depth, Clear8' min.ⒶGround Floor Height, Clear12' min.ⒷHeight2 stories max.ⒸSetback from Public ROW0 min.Ⓓ3. Miscellaneous.In the MS-M and MS-L zones, galleries shall also follow the regulations for the shopfront frontage type.ⒺGalleries shall have a consistent depth.Galleries shall not project over the sidewalk in the public right-of-way.40.14.090.J: Arcade1. Description.The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included.2. Size.Depth, Clear8' min.ⒶGround Floor Height, Clear12' min.ⒷUpper Floor Height, Clear9' min.ⒸHeight2 stories max.ⒹSetback from public ROW0 min.Ⓔ3. Miscellaneous.In the MS-M and MS-L zones, arcades shall also follow the regulations for the shopfront frontage type.ⒻArcades shall have a consistent depth.Arcades shall not project over the sidewalk in the public right-of-way.", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "44876626", "number": "§ 40.14.100", "title": "Specific to civic spaces.", "text": "(a) Purpose. This section sets forth the standards applicable to existing and new civic spaces and civic buildings. These standards supplement the standards for each zone. Civic space is land that is improved for civic gathering purposes per one of the allowed types in this section.(1) Amount of Civic Space Required. Sites of at least one and one-third acres are required to include a minimum of five percent of the site as civic space. One or more civic spaces may be used to meet this requirement.(2) Building Frontage Along or Adjacent to a Civic Space. The facades on building sites attached to or across a street from a civic space shall be designed as a \"front\" on to the civic space, in compliance with Sections 40.13.090—40.13.120, subsection F (Building Placement) and subsection G (Frontages) of the zone standards.Figure 40.14.100(b) Overview. This section identifies the allowed civic space types and standards for improvements to existing civic spaces and for construction of new civics paces. Civic space types identified in Table 40.14.100 (Overview of Civic Space Types).Table 40.14.100: Overview of Civic Space TypesZonesCivic Space TypePocket Park/PlazaPlaygroundPassageIllustrationDescription40.14.100.A: Pocket Park/Plaza.A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining.40.14.100.B: Playground.A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types.40.14.100.C: Passage.A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by nonresidential shopfronts and/or residential ground floors and pedestrian entries.ZonesCivic Space TypeCommunity GardenPlazaGreenIllustrationDescription40.14.100.D: Community Garden.A small-scale space designed as a grouping of garden plots available to nearby residents for small-scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types.40.14.100.E: Plaza.A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity.40.14.100.F: Green.A large space available for unstructured and limited amounts of structured recreation.40.14.100.A: Pocket Park/Plaza1. Description.A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining.2. General Character.Accessory structure(s).< 200 sfFormal or informal, urban.Combination of planted areas and hardscape.Spatially defined by building frontages and adjacent street trees.Walkways along edges or across space.3. Size and Location.40' min. in any direction.25' min. in any direction between 2nd and 3rd and E and F Streets.4. Typical Uses.Civic activity.Passive recreation, outdoor seating.Commercial uses in support of civic activity.40.14.100.B: Playground1. Description.A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types.2. General Character.Focused toward children.Play structure, interactive art, and/or fountains.Shade and seating provided.May be fenced.Spatially defined by trees.3. Size and Location.No minimum.4. Typical Uses.Active and passive recreation.Casual seating.40.14.100.C: Passage1. Description.A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by nonresidential shopfronts and/or residential ground floors and pedestrian entries.2. General Character.Formal, urban.No accessory structure(s).Primarily hardscape with landscape accents.Spatially defined by building frontages.Trees and shrubs in containers and/or planters.3. Size and Location.15' min. between or through buildings.4. Typical Uses.Civic activity.Commercial in support of civic activity.Casual seating and/or outdoor dining.Ground floor residential.40.14.100.D: Community Garden1. Description.A small-scale space designed as a grouping of garden plots available to nearby residents for small-scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types.2. General Character.Accessory structure(s).< 2,000 sfPlant beds (in-ground or raised).Decorative fencing, when fencing present.Spatially defined by adjacent buildings and street trees.3. Size and Location.No minimum within any building site as allowed by the zone.4. Typical Uses.Food production.Passive recreation.40.14.100.E: Plaza1. Description.A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity.2. General Character.Accessory structure(s).< 1,500 gsf; fountains, benchesFormal, urban.Hardscaped and planted areas in formal patterns.Spatially defined by buildings and tree-lined streets.3. Size and Location.100 ft. min. in any direction.Streets required on two of the Plaza's sides. Facades, on building sites attached to or across a street, shall \"front\" on to the Plaza.4. Typical Uses.Civic uses.Commercial uses in support of civic uses.Passive recreation.40.14.100.F: Green1. Description.A large space available for unstructured and limited amounts of structured recreation.2. General Character.Accessory structure(s).< 5,000 gsf; fountains, benchesInformal or formal.Primarily planted areas with paths to and between recreation areas and civic buildings.Spatially defined by tree-lined streets and adjacent buildings.3. Size and Location.150' min. in any direction.Streets required on at least 2 sides of the Green. Facades, on building sites attached to or across a thoroughfare, shall \"front\" onto the Green.4. Typical Uses.Unstructured passive and active recreation.Civic uses.Temporary commercial uses.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876631", "number": "§ 40.14.110", "title": "Specific to sign types.", "text": "(a) Purpose. This section sets forth the standards for new and modified signage in support of the community vision as follows:(1) Provide property owners and occupants an opportunity for effective identification;(2) Provide reasonable, yet appropriate conditions for identifying allowed goods sold or produced or services rendered in all downtown zones;(3) Maintain and enhance the quality of the city's appearance by:(A) Controlling the size, location and design of temporary and permanent signs so that the appearance of such signs will reduce sign clutter, be aesthetically harmonious with their surroundings, and will enhance the overall appearance of the built environment,(B) Preserving and perpetuating uncluttered and natural views, significant architecture and cultural resources for the enjoyment and environmental enrichment of the citizens of the community and visitors, and(C) Protecting residential neighborhoods from adverse impacts of excessive signs;(4) Ensure that signs are located and designed to:(A) Maintain a safe and orderly pedestrian and vehicular environment, and(B) Reduce potentially hazardous conflicts between commercial or identification signs and traffic control devices and signs;(5) All signs require the review and approval of the director.(b) Exempt Signs. The following signs are exempt from the permit standards of this section and are permitted in any downtown zone.(1) Street address numbers, house numbers, \"No Trespassing,\" \"No Parking,\" and other warning signs.(2) Days and hours of operation.(3) Public information, identification, special event, directional, and other signs erected by:(A) A government agency, or(B) A public utility or other quasi-public agent in the performance of a public duty.(4) City entry, community or district identification signs.(5) Names of buildings, dates of erection, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type material.(6) Credit card, or trade association signs not exceeding one-half square foot each and not exceeding five per establishment.(7) Directional on-site signs, provided that such signs are limited to a maximum of six square feet. If constructed as a ground mounted sign, the maximum height is four feet.(8) Real Estate Sign.(A) The sign may be a ground sign, a window sign, or a wall sign. Only one such sign is allowed per site per street frontage. If a ground sign, it shall follow the standards for 40.14.110.A (Yard/Porch Sign).(B) All signs shall be removed within fourteen days after the sale, lease, or rental has occurred. These signs may only be installed on the property to which they refer.(C) Temporary open house signs are allowed, provided that they are limited in number to a maximum of four per event. An open house sign may only be installed the day before the open house and shall be removed the same day of the open house after its conclusion. In no case shall an open house sign be installed for more than 48 continuous hours.(c) Prohibited Locations and Features for Signs.(1) Prohibited Locations.(A) No permanent sign shall be installed within the public right-of-way unless displayed by a governmental entity or pursuant to a revocable encroachment permit.(B) Signs shall not be located on property without prior authorization from the property owner, or in the case of public parks or any public property without the permission of the city.(C) Signs shall not be located where the view of approaching or intersecting traffic would be obstructed, in compliance with the Davis Municipal Code.(D) Signs shall not be located as to interfere with the safe movement of vehicles, bicycles, and/or pedestrians entering, leaving, or crossing a public right-of-way.(E) Signs shall not be located on the roofs of buildings or structures except as allowed by 40.14.110.K (Roof Sign).(F) Signs shall not be attached to any traffic control sign, utility pole, street sign, or tree, except for temporary signs installed by a government agency for public information and/or special events.(G) Signs shall not be mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises close to the public right-of-way or within public right-of-way in a manner intended to attract the attention of the public for advertising purposes. Signs indicating only the name and or phone number of the owner or business are allowed if the following standards are met:(i) The sign is painted on, adhered with vinyl film, or magnetically attached to motor vehicles and/or trailer; and(ii) The motor vehicle and/or trailer is regularly and consistently used to conduct normal business activities.(2) Prohibited Features and Signs.(A) Moving, flashing, or animated signs including but not limited to searchlights, streamers and spinners;(B) Inflatable signs, such as, but not limited to, balloons, gas inflated signs or similar inflated signs;(C) Portable signs, except for sidewalk signs as allowed in 40.14.110.G (Sidewalk Sign);(D) Cabinet signs;(E) Vinyl materials on signs within twenty-five feet of the sidewalk, except window signs; and(F) Outdoor image projections (signs projected from an external light source onto a building or structure) or any other similar devices.(d) Permanent Signs.(1) Permanent signs shall meet the standards set forth in Table 40.14.110.A (Overview of Sign Types).(2) The number of allowed permanent signs is stated in Sections 40.13.090—40.13.120, subsection I (Signage) of the Zone.(e) Temporary Signs. Temporary signs are allowed in all downtown zones and shall meet the following standards:(1) Temporary sign permit or a certificate of compliance required as determined by the director; and(2) Shall only be externally illuminated.(f) Illumination. Where allowed, illumination is required to be indirect (e.g. gooseneck fixtures) holo-lit, reserve-lit letters, logos, or other unique sign features are subject to director review and approval. Box signage and visible raceways are not allowed.(g) Upper Story Tenants. Upper story signage for individual tenants or groups of tenants is allowed only on a building directory near the building entrance.(h) Overview. This section identifies the sign types allowed in each zone. See Table 40.14.110.A (Overview of Sign Types) for descriptions and reference to standards.Table 40.14.110.A: Overview of Sign TypesZonesSign TypeYard/Porch SignProjecting SignAwning/Canopy SignWall SignIllustrationDescription40.14.110.A: Yard/Porch Sign.A sign mounted on a porch or in a yard between the public ROW and the building facade. This sign is pedestrian-scaled and easily read from the sidewalk.40.14.110.B: Projecting Sign.A sign mounted perpendicular to a building's facade, by decorative brackets that may allow the sign to swing slightly. This sign is small in size, pedestrian scaled; and easily read along the sidewalk.40.14.110.C: Awning/Canopy Sign.A sign on the awning or canopy of a shopfront that is a pedestrian-scaled and is read along the sidewalk or from the other side of the street.40.14.110.D: Wall Sign.A sign flat against the facade, consisting of individual cut letters applied directly to the building or painted directly on the surface of the building, and pedestrian-scaled if on the ground floor and larger if on upper stories. Wall signs are placed above shopfronts and run horizontally along the \"expression line,\" entablature of traditional buildings, or decorative cornice or sign band at the top of the building.Zones:Sign TypeWall Mural SignWindow SignSidewalk SignDirectory SignIllustrationDescription40.14.110.E: Wall/Mural Sign.A sign flat against a secondary facade, typically along a side street, alley, or on the front facade of a maker shopfront or, along the side of a vacant lot or building site. These signs are typically painted directly on the building, pedestrian-scaled if on the ground floor and larger if on upper stories. These signs are intended to be visible from a greater distance and in addition signage on the primary facade at the business entrance.40.14.110.F: Window Sign.A sign consisting of individual letters and designs applied directly on the inside of a window.40.14.110.G: Sidewalk Sign.A sign that provides secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk.40.14.110.H: Directory.A sign that provides a listing of establishments within a building or series of buildings, entrances and parking locations.Zones:Sign TypeChangeable Copy SignMarquee SignRoof SignIllustrationDescription40.14.110.I: Changeable Copy.A sign that is designed so that characters, letters, numbers, or illustrations can be manually changed or rearranged without altering the face or surface of the sign.40.14.110.J: Marquee.A vertically-oriented sign located either along the face where it projects perpendicular to the facade, or at the corner of the building where it projects at a 45 degree angle. These signs may extend beyond the parapet of the building but may also terminate below the cornice or eave.40.14.110.K: Roof Sign.A sign on the roof of a six or seven-story building intended for viewing from a distance of one or multiple blocks. These signs are required to have distinctive physical character in exchange for it being mounted on the roof.40.14.110.A: Yard/Porch Sign1. Description.A sign mounted on a porch or in a yard between the public ROW and the building facade. This sign is pedestrian-scaled and easily read from the sidewalk.2. Sign Size.Signable Area6 sf max.Width36\" max.ⒶHeight36\" max.ⒷMax one sign allowed per building3. Location.Clear HeightMounted on Porch6'8\" min.ⒸMounted in Yard12\" min.Overall HeightMounted in Yard5' maxⒹDistance from Sidewalk24\" min.Ⓔ4. Miscellaneous.Yard/porch signs are allowed within the public ROW.Illumination shall be in compliance with subsection F (Illumination).40.14.110.B: Projecting Sign1. Description.A sign mounted perpendicular to a building's facade, by decorative brackets that may allow the sign to swing slightly. This sign is small in size, pedestrian scaled; and easily read along the sidewalk.2. Sign Size.Area6 sf per side, max.; 12 sf total, max.ⒶWidth36\" max.ⒷHeight36\" max.ⒸThickness4\" max.1Max one sign allowed per business.3. Location.Clear Height8' min.ⒹProjection4' max.Ⓔ4. Miscellaneous.Illumination shall be in compliance with subsection F (Illumination).Note:1Creative signs that have a three-dimensional quality may have a greater thickness subject to director approval.40.14.110.C: Awning/Canopy Sign1. Description.A sign on the awning or canopy of a shopfront that is a pedestrian-scaled and is read along the sidewalk or from the other side of the street.2. Sign SizeCanopy SignSignable Area1 sf per linear foot of shopfront, max.ⒶLettering Height16\" max.ⒷLettering Thickness6\" max.ⒸSloping Plane SignSignable Area25% coverage of sloping plane, max.ⒹLettering Height18\" max.ⒺValance SignSignable Area75% coverage max. of ⒼX ⒽⒻWidthShopfront width, max.ⒼHeight8\" min.; 12\" max.ⒽLettering Height8\" max.ⒾMax one sign allowed per business.3. Location.Clear Height8' min.ⒿSigns per Awning1 Canopy, or 1 Valance and 1 Sloping Plane, max.4. Miscellaneous.Only the tenant's store name, logo, and/or address shall be applied to the awning. Additional information is prohibited.Open-ended awnings are allowed by right.Vinyl or plastic awnings are not allowed.Illumination shall be in compliance with subsection F (Illumination).40.14.110.D: Wall Sign1. Description.A sign flat against the facade, consisting of individual cut letters applied directly to the building or painted directly on the surface of the building, and pedestrian-scaled if on the ground floor and larger if on upper stories. Wall signs are placed above shopfronts and run horizontally along the \"expression line,\" entablature of traditional buildings, or decorative cornice or sign band at the top of the building.2. Sign Size.Signable Area1 sf per linear foot of shopfront; width up to 80 sf, max.ⒶWidthShopfront width, max.ⒷHeight12\" min.; 3' max.ⒸLettering/Image Width75% of signable width, max.ⒹLettering/Image Height75% of signable height or 18\" max. (whichever is lesser)ⒺMax one sign allowed per building except on MS-L.3. Location.Projection8\" max.4. Miscellaneous.Sign shall not protrude beyond the cornice.Illumination shall be in compliance with subsection F (Illumination).40.14.110.E: Wall Mural Sign1. Description.A sign flat against a secondary facade, typically along a side street, alley, or on the front facade of a maker shopfront or, along the side of a vacant lot or building site. These signs are typically painted directly on the building, pedestrian-scaled if on the ground floor and larger if on upper stories. These signs are intended to be visible from a greater distance and in addition signage on the primary facade at the business entrance.2. Sign Size.Number of Stories123-5Signable Area1,000 sf max.2,000 sf max.3,000 sf max.ⒶWidthLength of facadeⒷHeight15' max.25' max.30' max.ⒸMax one sign allowed per building.3. Location.Wall mural signs are to be located on secondary facades. Where the maker shopfront is allowed, the wall mural sign is allowed on the main facade subject to director approval.Projections are not allowed.4. Miscellaneous.Billboards are not considered wall mural signs and are prohibited.The logo of a business may be used as part of a mural subject to the director approval.Illumination shall be in compliance with subsection F (Illumination).40.14.110.F: Window Sign1. Description.A sign consisting of individual letters and designs applied directly on the inside of a window.2. Sign Size.Signable Area per Shopfront Window25% max.ⒶWidth75% max. of width, ⓌⒷHeight24\" max.ⒸMax one sign allowed per business.3. Location.Height Above Ground5' min.ⒹWindow signs shall be applied directly to the inside of the glass.4. Miscellaneous.Window signs shall have a clear background.Illumination shall be in compliance with subsection F (Illumination).40.14.110.G: Sidewalk Sign1. Description.A sign for ground floor business that provides secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk.2. Sign Size.Signable Area6 sf per side, max.ⒶWidth24\" max.ⒷHeight36\" max.ⒸMax one sign allowed per ground floor business establishment.3. Location.Sidewalk signs shall be located within the furniture zone to not interfere with pedestrian travel or encroach upon the required accessible path.ⒹSidewalk signs shall only be displayed during business hours and removed when the business is closed.Sidewalk signs shall be located in front of the building containing the advertised ground floor business.4. Miscellaneous.Illuminated signs are not allowed.Requires minimum sidewalk width of 8 feet.40.14.110.H: Directory Sign1. Description.A sign that provides a listing of establishments within a building or series of buildings, entrances and parking locations.2. Sign Size.Signable Area6 sf max.ⒶMax one sign allowed per building.3. Location.Height8' max.ⒷFreestanding directory signs are not allowed.4. Miscellaneous.May include the name of the business and address. Shall not include any other words.Illumination shall be in compliance with subsection F (Illumination).40.14.110.I: Changeable Copy Sign1. Description.A sign that is designed so that characters, letters, numbers, or illustrations can be manually changed or rearranged without altering the face or surface of the sign.2. Sign Size.Signable AreaTotal of 2 square feet per linear foot of shopfront.1Height3' max.ⒶMax one sign allowed per business.3. Location.Clear Height8' min.ⒷSigns per 50' of Street Frontage3 max.Signs may have up to 3 sides when mounted to project from the building.Ⓒ4. Miscellaneous.Illumination shall be in compliance with subsection F (Illumination).Note:1Does not apply to signs required by law.40.14.110.J: Marquee Sign1. Description.A vertically-oriented sign located either along the face where it projects perpendicular to the facade, or at the corner of the building where it projects at a 45 degree angle. These signs may extend beyond the parapet of the building but may also terminate below the cornice or eave.2. Sign SizeSignable AreaWidth24\" max.ⒶDepth10\" max.ⒷLettering Width75% of sign width max.ⒸMax one sign allowed per building.3. Location.Clear Height above Sidewalk/Ground12' min.1Extension above Top of Facade10' max.ⒹProjection from Facade3' max.ⒺSigns per 200' Street Frontage1 max.Signs must be placed at highest story of building.4. Miscellaneous.Only allowed along a street frontage.Illumination shall be in compliance with subsection F (Illumination).Note:1When located over driveways or alleys, minimum clear height of 16'.40.14.110.K: Roof Sign1. Description.A sign on the roof of a six- or seven-story building intended for viewing from a distance of one or multiple blocks. These signs are required to have distinctive physical character in exchange for it being mounted on the roof.2. Sign Size.Height8' max.ⒶWidth25' max.ⒷMax. Signable AreaⒶ x ⒷⒸLettering Height75% of max.ⒹLettering Thickness8\" max.ⒺSpecial feature max. 20% of sign, subject to director approval.ⒻMax one sign allowed per building.3. Location.Signs per Building1 max.4. Miscellaneous.Only allowed on buildings at least 6 stories tall.Illumination shall be in compliance with subsection F (Illumination).", "history": "(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)" }, { "guid": "45825296", "number": "§ 40.14.120", "title": "Downtown Outdoor Dining Program.", "text": "(a) Purpose. The provisions of this section are intended to ensure consistency and equity for all brick-and-mortar restaurants, bars, and other food and drink establishments in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) that request to construct, install and/or utilize or already utilize specific parts of the public right-of-way, public property, or urban open space for outdoor dining.(b) Eligible Public Spaces for Outdoor Dining. Use of the public right-of-way, public property, or urban open space for outdoor dining shall be restricted to sidewalk zones A, C, and D in the Downtown zones as shown in Figure 40.14.120.A: Sidewalk Design Elements.Figure 40.14.120.A: Sidewalk Design Elements(1) Zone A: Frontage Zone. The space immediately adjacent to a building that serves the functions of the building. This zone can include building entryways, outdoor dining, or sandwich boards. For the purposes of this section, the Frontage Zone shall have a minimum width that permits a clear opening of the building entryway along the face of the building.(2) Zone B: Pedestrian Through Zone. The primary pedestrian travel way running the length of the sidewalk. Pedestrian Through Zones in the downtown zones shall provide a minimum of five feet of clear area and shall be kept clear of obstructions to ensure that pedestrians have a safe and adequate place to walk. However, wider Pedestrian Through Zones (ten to fifteen feet) are preferred in locations with higher pedestrian volumes. Structures or furnishings that are proposed to project into Zone B, excluding the minimum five foot clearance, and any private improvements appurtenant to an approved public space for outdoor dining that would traverse the Pedestrian Through Zone shall obtain the required approvals in accordance with Sections 35.01.040 and 35.01.050.(3) Zone C: Furniture Zone. The space between the Pedestrian Through Zone and the curb. This zone typically accommodates street furniture and amenities, as well as green infrastructure elements. For the purposes of this section the Furniture Zone shall have a minimum width that coincides with any existing tree wells.(4) Zone D: Enhancement Zone: The space immediately next to the sidewalk and can accommodate a variety of uses including parklets, bicycle facilities, and green infrastructure. For the purpose of this section, the Enhancement Zone shall not exceed the minimum area needed to provide emergency vehicles access.(c) Design Standards. All furnishings placed in the eligible public spaces for outdoor dining described in subsection (b) shall be consistent with the provisions set out in the Downtown Outdoor Dining Furnishing Standards and Guidelines, which shall be adopted resolution of the city council. Private structures or improvements appurtenant to an approved public space for outdoor dining that will traverse into Zone B shall obtain the public works director approval set forth in Sections 35.01.040 and 35.01.050 of this Code.(d) Application Process. An applicant for a Downtown Outdoor Dining License Agreement shall submit a completed initial interest form to the community development department. Upon determining that the initial interest form is complete, the community development department shall provide the applicant with instructions for submitting a complete application. The application shall include the required deposit fee for the applicable parklet type and any additional information required by the community development department. An applicant shall not utilize any portion of a public right-of-way, public property, urban open space or parklet for outdoor dining in the downtown zones until the community development department approves a site plan and the applicant enters into a Downtown Outdoor Dining License Agreement with the city.(e) License Agreement. All parties shall enter into a Downtown Outdoor Dining License Agreement with the city to utilize any portion of a public right-of-way, public property, or urban open space for outdoor dining in the downtown zones. The city manager is hereby permitted to enter into revocable license agreements with private parties for the purposes of this section. License agreements shall be renewed on an annual basis. Any alterations to the city's template license agreement must be approved by the city manager and all costs will be borne solely by the applicant.(f) Existing Permits or Agreements for Outdoor Dining. To the extent permitted by law, all agreements entered into before the effective date of the ordinance codified in this section that permit the construction, installation, and/or operation of an outdoor dining area in specific parts of the public right-of-way, public property or urban open space in the Downtown zones shall expire on December 15, 2026.(g) Conversion Process. Any person holding an existing permit or agreement for outdoor dining entered into before the effective date of the ordinance codified in this section, as described in subsection (f), may convert such permit or agreement to a Downtown Outdoor Dining License Agreement by submitting a site plan to the community development department for review and approval. The site plan shall provide all necessary information to demonstrate compliance with the Downtown Davis Outdoor Dining Program Furnishing Standards. Upon approval of the site plan, the community development department shall issue an approval letter. If the approval letter is issued on or before December 15, 2026, the conversion fee shall be waived. After receiving an approval letter, applicants shall enter into a Downtown Outdoor Dining License Agreement with the city. The license agreement shall be renewed on an annual basis thereafter.", "history": "(Ord. 2668, 11/12/2024; Ord. 2694, 9/15/2026)" } ] }, { "guid": "44651523", "title": "MIXED USE (M-U) DISTRICT", "number": "40.15", "url": "https://ecode360.com/44651523", "sha256": "735d424faf2906343eb22c55c453a5ac684b83879a1077be9ace017371cc1ade", "exportedArticleSha256": "ddd827ecb3989d5dff1a764e3b9e330a833e59d3ee8a6a8c370e4a466f38acf6", "sections": [ { "guid": "44651524", "number": "§ 40.15.010", "title": "Purposes.", "text": "The purposes of the mixed use (M-U) district are as follows: to implement the policies of the core area plan; to preserve the older architectural styles, and to encourage a harmonious intermingling of other structures; to provide for an increased variety and intermixture of residential and commercial activities; to enhance the tree-shaded ambience, the pedestrian usage and character of the district.", "history": "(Ord. 924 § 4; Ord. 946 § 4)" }, { "guid": "44651525", "number": "§ 40.15.020", "title": "Applicability of the core area design in combining district.", "text": "Applicability of the core area design in combining district and downtown and traditional residential neighborhood design guidelines.The requirements of the core area design (C-D) combining district as set forth in Article 40.13 and the downtown and traditional residential neighborhood overlay district as set forth in Article 40.13A shall apply to the mixed use (M-U) district.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 2066 § 4, 2001)" }, { "guid": "44651526", "number": "§ 40.15.030", "title": "Permitted uses.", "text": "Permitted uses of land in the M-U district shall be as follows:(a) Single-family, duplex, multiple dwellings and residential infill.(b) Cooperative housing, as defined in Section 40.01.010.(c) Retail stores, shops and offices supplying commodities or performing services such as those provided by department stores, specialty shops, personal and business service establishments, antique shops, artists' supply stores and similar uses.(d) Restaurants, including outdoor eating areas and establishments. For the purpose of this district only, a restaurant is an eating establishment which serves food to customers primarily for consumption on the premises. It includes, but is not limited to, lunch counters, coffee shops, cafes, pizza parlors, soda fountains, fast-food and full-service dining establishments. It may provide alcoholic beverage sales for drinking on premises provided that such sales are ancillary to food service. Restaurants shall close by 11:00 p.m. on Sunday through Thursday and midnight (12:00 a.m.) on Friday and Saturday.(e) Business and technical schools, and schools and studios for photography, art, music and dance.(f) Family and group day care homes as defined in Section 40.26.270.(g) Mixed uses, if the nonresidential use is consistent with Sections 40.15.030(c) through (f).(h) Group care homes with six or fewer clients.(i) Supportive housing.(j) Transitional housing.(k) Low barrier navigation center consistent with Government Code Section 65660 et seq., as it may be amended from time to time.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 1198 § 1; Ord. 1424 § 1, 2; Ord. 1737 § 16, 1994; Ord. 1787 § 22; Ord. 1898, 1997; Ord. 2359 § 5, 2010; Ord. 2413 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651537", "number": "§ 40.15.040", "title": "Accessory uses.", "text": "The following accessory uses are permitted in the M-U district:(a) Residential infill meeting the construction, yard, setback, height, and area limitations applicable to accessory buildings as set forth in Section 40.26.010.(b) Home occupations and professional offices, subject to the provisions of Sections 40.26.150.(c) Signs.(1) Commercial frontages as set forth in Section 40.26.020;(2) Noncommercial frontages as set forth in Section 40.26.020(c).(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to the requirements of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 2126 § 5, 2003; Ord. 2602 § 16, 2021)" }, { "guid": "44651545", "number": "§ 40.15.050", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in the M-U district: nightclubs, theaters, and commercial recreational facilities such as recreation centers and health clubs.(a) Nightclubs. For the purposes of this district only, a nightclub is an establishment that remains open after 11:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday and provides primarily on-site alcoholic beverage sales, and may include music, entertainment or dancing. It may serve food as a secondary use. Examples include, but are not limited to, dance halls, bars, taverns, private clubs and discotheques. To the extent that a restaurant is open after 11:00 p.m. on Sunday through Thursday and/or after midnight (12:00 a.m.) on Friday and Saturday, the restaurant shall be considered a nightclub.(b) Theaters.(c) Commercial or office uses as put forth in subsections (c) through (f) of Section 40.15.030 which are not located in mixed use buildings or mixed use infill structures.(d) Nursery schools and day care centers subject to the provisions of Section 40.26.270.(e) Public and semipublic buildings and uses of a recreational, educational, religious or public service type, but not including corporation yards, storage or repair yards, warehouses and similar uses.(f) Any other retail business, service establishment, or mixed use involving retail, service or commercial uses not listed in Section 40.15.030(c) through (f) which the planning commission finds to be consistent with the purposes of this article and which will not impair the present or potential use of adjacent properties.(g) Group care homes with more than six clients, subject to the provisions of Section 40.26.135.(h) Living groups, subject to the provisions of Section 40.26.260.(i) Drive-through facilities, subject to the provisions of Section 40.26.420.(j) Hotels.(k) Single room occupancy (SRO) units.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 1424 § 3; Ord. 1737 § 17, 1994; Ord. 1739 § 4, 1994; Ord. 1787 § 23; Ord. 1893 §§ 6—8; Ord. 2113 § 1, 2003; Ord. 2413 § 4, 2013)" }, { "guid": "44651557", "number": "§ 40.15.060", "title": "Height regulations.", "text": "(a) Structures shall not exceed three stories in height except as provided in Section 40.15.080. A building of more than two stories should be carefully designed to avoid appearance of excessive bulk. Development of parcels in the core area, as defined by the core area specific plan, shall incorporate the design principles found in that plan.(b) Mixed use and residential structures shall not exceed three stories in height except as provided in Section 40.15.080. A building of more than two stories should be carefully designed to avoid appearance of excessive bulk.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 1893 § 9, 10)" }, { "guid": "44651560", "number": "§ 40.15.070", "title": "Open space, lot area, yard and residential density.", "text": "(a) Open space. For mixed or single use buildings, total usable open space shall equal twenty-five percent of gross residential floor area, and a portion of the twenty-five percent may be aboveground level, in form of decks or similar features.(b) Lot area. Lot areas in excess of twenty-four thousand square feet shall require conditional use permits.(c) Front yards (residential scale). Residential scale applies to inner parts of blocks facing north-south streets, between Second and Third Streets, and all parts of other blocks where Main Street scale is not designated. Required front yards shall equal or exceed in square footage of the average of front yards of those two nearest buildings on the same street frontage, or one thousand square feet, whichever is greater.(d) Side yards (residential scale). Required side yards shall be a minimum total of ten feet per lot.(e) Rear yards (residential scale).(1) New building structures or additions to existing structures along blocks designated for mid-block pedestrian passageways by the C-D district shall provide seven and one-half foot public easement dedication in place of a required rear yard. Alleys may be used to meet this requirement.(2) A five-foot rear yard shall be required for all other buildings.(f) Setbacks (Main Street scale). Main Street scale applies only to parcels with frontage onto Second and Third Streets between B and E Streets, and Fifth, Fourth and Third Streets between the railroad tracks and the alley.(1) Setbacks and lot coverage shall be the same as those shown for central commercial (C-C) district.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 2223 § 1, 2005)" }, { "guid": "44651570", "number": "§ 40.15.080", "title": "Lot coverage; floor area ratio requirements.", "text": "(a) Lot coverage (without parking district).(1) Mixed use and residential structures, fifty percent.(2) Commercial and office uses not combined with residential uses, forty-five percent.(b) Lot coverage (with parking district).(1) Mixed use and residential structures, eighty percent.(2) Commercial and office uses not combined with residential structures, seventy-five percent.(c) Floor area ratio (FAR) shall be determined using the following chart:Base/Bonus FARMixed use and residential structuresCommercial and office use structures not combined with residential usesBase FAR1.51.0Buildings providing underground parkingBonus up to 0.5 FARBonus up to 0.5 FARBuildings providing plazas/ outdoor gathering areasBonus up to 0.2 FARBonus up to 0.2 FARPreservation of residential structureBonus up to 0.5 FARBonus up to 0.5 FARTotal permitted FAR, including bonuses2.02.0FAR in the M-U district not to exceed 2.0 with bonuses.(1) Mixed use and residential structures, one hundred fifty percent of the total lot area.(d) Floor area ratio bonuses. All projects applying for floor area ratio bonuses shall be subject to design review. Total amount of floor area ratio bonus shall be determined through the design review process.", "history": "(Ord. 924 § 4; Ord. 946 § 4; Ord. 1893 §§ 11—18)" }, { "guid": "44651591", "number": "§ 40.15.090", "title": "Residential use requirements.", "text": "The following minimum requirements shall apply to mixed-use projects:(a) One residential unit shall be required for a mixed-use project on a lot containing nine thousand square feet of area or less;Two residential units shall be required for a mixed-use project on a lot containing from nine thousand one square feet to twelve thousand square feet of area;Three residential units shall be required for a mixed-use project on a lot containing from twelve thousand one square feet to eighteen thousand square feet of area;Four residential units shall be required for a mixed-use project on a lot containing from eighteen thousand one square feet to twenty-four thousand square feet of area;Five residential units shall be required for a mixed-use project on a lot containing twenty-four thousand square feet of area or more.(b) All residential units shall meet the minimum requirements of the Uniform Building Code pertaining to size, and provisions for a kitchen, living area, sleeping area, and bathroom, see Exhibit A, attached to the ordinance codified in this section.(c) A residential unit may have a ground floor and upper floors such as in a townhouse design or be located in a structure that is accessory to the principal structure.(d) Each residential unit shall have usable open space equal to or exceeding twenty-five percent of the gross residential floor area. Such open space shall be located adjacent to the unit and designed for privacy through the use of fencing, walls, or landscaping.(e) In any case, where the requirements specified in Sections 40.15.100(a)—(d) cannot be satisfied, a conditional use permit shall be required for planning commission review. The planning commission may approve a conditional use permit to modify or eliminate any or all of these requirements upon a finding that the lot size, existing building size or configuration, or other size characteristics make the requirements impracticable to satisfy.", "history": "(Ord. 1227 § 1)" } ] }, { "guid": "44651597", "title": "AUTO CENTER (A-C) DISTRICT", "number": "40.16", "url": "https://ecode360.com/44651597", "sha256": "e5d2bf4e0465ce3de9c16a9f1455321d31fad03d41e7a2c7165af33e76e0bbb3", "exportedArticleSha256": "bb7de267620959538da49ea6a7b2cd415acf2f49c2b2afce9233c1acc2e93299", "sections": [ { "guid": "44651598", "number": "§ 40.16.010", "title": "Purpose.", "text": "The purpose of the auto center (A-C) district is to provide for an appropriate physical and economic environment for new automobile dealerships, and to provide an opportunity for automobile dealerships to benefit from the close proximity and physical design and development standards available in a center or mall setting. The setting will also provide for the right setting for sales of other large vehicles, including, but not limited to, recreational vehicles, farm equipment, boats and trailers, and pre-owned vehicles.", "history": "(Ord. 1591 § 1; Ord. 2572 § 14, 2020)" }, { "guid": "44651599", "number": "§ 40.16.020", "title": "Permitted uses.", "text": "(a) The principal permitted uses of land in the A-C district are as follows:(1) New automobile dealerships;(2) New recreational vehicle dealerships.(b) As used in this article the term \"automobile dealership\" includes both automobile dealerships and recreational vehicle dealerships, and the term \"automobile\" includes both automobiles and recreational vehicles.(c) Farm equipment, sales and service uses.(d) Boat and trailer sales.", "history": "(Ord. 1591 § 1; Ord. 2572 § 14, 2020)" }, { "guid": "44651606", "number": "§ 40.16.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in the A-C district:(a) Used automobile sales accessory to new automobile dealerships;(b) Sales, office, parts, service, storage, and body shop facilities accessory to new automobile dealerships;(c) Storage, body shop, washing, fueling, painting facilities, and smog certification in a location within the A-C district as accessory uses exclusive to the subject automobile dealerships within the A-C district;(d) Temporary facilities such as automobile sales offices, display areas (interior or exterior), etc., accessory to new automobile dealerships are permitted within the A-C district. Such uses shall be allowed for a period not to exceed two years from the date approved by the city. The period may be extended for up to an additional one year if the permanent facility is under construction prior to expiration of the initial two-year period but not yet complete. Such temporary uses would be subject to all the other provisions of the A-C district.", "history": "(Ord. 1591 § 1)" }, { "guid": "44651611", "number": "§ 40.16.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an A-C district:(a) Inns and motor hotels, subject to provisions of Section 40.26.370;(b) Retail shops for the sale of auto parts, accessories, souvenirs, curios, and other products primarily to serve the traveling public;(c) Nurseries, greenhouses and fruit stands;(d) Auto service stations;(e) Restaurants;(f) Used car lots;(g) Laundromats;(h) Public or semipublic, including public utility, uses intended primarily to meet the needs of the traveling public;(i) Commercial recreation facilities, such as swimming pools, bowling alleys, skating rinks, and dance halls;(j) Professional and administrative offices;(k) Any other retail business or service establishment determined by the director to be of the same general character as the above permitted uses;(l) Drive-through facilities, subject to the provisions of Section 40.26.420.", "history": "(Ord. 1591 § 1; Ord. 1739 § 5, 1994; Ord. 2113 § 1, 2003; Ord. 2572 § 14, 2020)" }, { "guid": "44651624", "number": "§ 40.16.050", "title": "Site development standards.", "text": "The following site development standards shall apply with an A-C district, except when modified for conditional uses or as provided in Sections 40.27.040 through 40.27.070:(a) Lot area. The minimum lot area within the A-C district shall be one acre. Smaller lot areas may be approved by the planning commission when found to be consistent with the purpose of the A-C district.(b) Lot coverage. The maximum lot coverage permitted on any site is forty percent.(c) Building setbacks.(1) Front yard: twenty-five feet.(2) Side yard: ten feet except when abutting a residential district, then not less than twenty-five feet.(3) Rear yard: ten feet, except when abutting a residential district, then not less than twenty-five feet.(d) Height. No building or structure shall exceed two stories or thirty-five feet in height.(e) Fencing. Notwithstanding Section 40.27.060(c), fencing shall be provided as follows:(1) A six-foot high solid decorative fence is required along all rear yard and side yards when abutting a residential district.(2) Solid decorative fence materials shall be masonry, slump stone, split face rock, brick, stucco, or similar quality material.", "history": "(Ord. 1591 § 1)" }, { "guid": "44651639", "number": "§ 40.16.060", "title": "Landscaping.", "text": "(a) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250, including that in the A-C district a minimum of ten percent of the site area shall be developed with landscaping. Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaping areas.(b) In addition for automobile dealerships are the following provisions:(1) A landscaped strip a minimum of ten feet wide adjoining public streets is required. Expansion of existing auto dealerships, in terms of land area, if such expansion is contiguous and a lesser size than the existing dealership, shall not be required to provide a landscape strip of ten feet. For such an expansion, the dealership shall provide a landscape strip consistent with the existing facility.(2) Similar plant materials shall be utilized in all landscaped areas to create a landscape theme.(3) All landscaping shall be maintained in a neat, clean and healthful manner.(4) All landscaped areas shall be developed with a permanent, underground, automatic irrigation system.(5) Nonliving materials shall not be substituted for required landscaping except decorative rocks or stones may be substituted for groundcover where trees and shrubbery are sufficiently dense.(6) Plant materials shall initially be fifteen-gallon size for trees and five-gallon size for shrubs.", "history": "(Ord. 1591 § 1; Ord. 2677, 11/4/2025)" }, { "guid": "44651648", "number": "§ 40.16.070", "title": "Signage.", "text": "Notwithstanding Section 40.26.020, each automobile dealership shall be allowed the following signs for identification of the franchise, premises, department uses on site and directional control, subject to city approval of a complete signage program which addresses each of the sign elements listed below. The maximum allowable square footage for total signage shall be two hundred square feet per automobile dealership. Freestanding dealership identification signs, wall-mounted dealership identification signs, secondary wall signs, site interior directional signs, site frontage directional signs, auto center identification signs, and other signs shall be counted toward the total square footage for signs.(a) A freestanding dealership identification sign shall be allowed for each dealership as follows:(1) One freestanding sign is allowed which may contain the manufacturer's logo, the dealership name, principal make of the new automobile sold by each dealer, or used car designation.(2) The sign may be located within a landscaped area adjacent to a public street a minimum of five feet behind the property line.(3) Signs may be internally illuminated.(4) The maximum allowable height for a free-standing dealership identification sign shall be forty feet.(b) Wall-mounted dealership identification signs are permitted as follows:(1) One wall sign shall be allowed for each principal building elevation that faces a public street, or freeway, for a maximum of two wall signs at corner parcels.(2) The wall-mounted dealership identification sign should be located near the top of the showroom or on a flat wall surface facing the main public street. Signs shall be mounted on roofs below the building roofline.(3) Signs may be internally illuminated.(c) Secondary wall signs are permitted as follows:(1) One secondary wall sign for each department (used cars, service, parts, body shop, etc.) shall be allowed.(2) The secondary wall signs should be located near the top of the building but shall be mounted below the building roof line.(3) Signs may be internally illuminated.(d) Site interior directional signs. Dealership directional signs shall be allowed, such as: \"enter,\" \"exit,\" \"service entrance,\" \"customer parking,\" \"parts delivery,\" and \"employee parking.\"(e) Site frontage directional signs.(1) One sign per entry shall be allowed to provide entry information, direction to department, direction to location of used cars sales, etc.(2) Signs may be internally illuminated.(f) Other signs.(1) Windows (anything inside or outside a window is a sign) may display temporary advertisements for promotional purposes in accordance with subsection (i) of this section.(2) No other signs visible from beyond the property may be placed, parked, attached to or displayed on the site. No signs projecting above the roof line of any building or painted on the sides of the building or roof may be used.(3) Billboards, streamers or other temporary signs are prohibited.(4) Revolving, flashing or moving signs are specifically prohibited.(g) Auto center identification signs.(1) Freeway-oriented signs advertising automobile dealers within the A-C district are permitted. Such signs shall be located so as to be visible and provide direction for eastbound traffic on Interstate 80 (west of the Mace Boulevard freeway exit); westbound traffic on Interstate 80 (east of the Mace Boulevard freeway exit); and automobile traffic at the intersections of Interstate 80/Mace Boulevard and Mace Boulevard/Chiles Road.(2) The specific number, size, height, design and location of such signs shall be determined in the context of the freeway identification and direction signage program to be developed as part of the signage guidelines for the A-C district.(h) Construction signs. Each dealership is allowed, subject to approval of the director, to place on its site prior to and during construction one temporary construction sign which shall be removed prior to occupancy of the dealership building(s). The sign shall be a maximum size of fifty square feet.(i) Temporary promotional signs and displays. The use of temporary promotional signs and displays to promote special commercial activities shall be allowed in the A-C district subject to submission and approval of an application to the director and subject to the following provisions:(1) The use of temporary promotional signs and displays shall be permitted for a period of no more than thirty consecutive days; or no more than one hundred twenty days in any one calendar year.(2) Temporary promotional displays include but are not limited to banners, flags, pennants, bunting and tents.(3) Temporary window signs shall be allowed provided that the total area of such signs shall not exceed fifty percent of the total window area of the face of the building upon which such signs are mounted.(4) The director may approve a sign permit for temporary promotional signs which defines the time, size, location, material, design and/or other significant elements of a temporary sign program.(5) The director shall disapprove temporary promotional signs where they are found to create a hazard, unreasonably obstruct any existing sign located on adjacent lots or otherwise be so distractive as to create a nuisance.(j) Nonconforming signs.(1) All signs not in conformance with the provisions stated in subsections (a) through (i) of this section shall be removed if any of the following occurs:(A) The sign is sixty percent or more destroyed;(B) The business which is represented by the sign has vacated the premises and a new type of business occupies the premises;(C) The business which is represented by the sign has vacated the premises for at least one year.(2) As a condition of approval for any new freestanding or wall-mounted dealership identification sign, secondary wall sign, or directional sign, any existing nonconforming signs shall be removed or revised to comply with the provisions of the A-C district signage requirements.(k) Standards for conditional uses. Conditional uses shall comply with the signage requirements of Section 40.26.020(g) (commercial mixed use) of this chapter.", "history": "(Ord. 1591 § 1; Ord. 2046 §§ 1—3, 2001; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44651688", "number": "§ 40.16.080", "title": "Special conditions.", "text": "(a) Automobile display pads. Automobile display pads or structures may be provided for each automobile dealership subject to the following:(1) The pad or structure may be only of a size sufficient to accommodate one automobile per pad or structure.(2) Display pads or elevated display structures may encroach within the required landscape area as long as the total required landscaped area is not reduced by the encroachment.(3) Elevated display structures shall be no more than eight feet in height.(b) Architectural standards. Site plan and architectural approval by the director or designee shall be required for all uses.(c) Site lighting. Exterior display lighting shall be developed in accordance with an approved lighting plan indicating design layout, exact luminary mounting height, and distance between light standards consistent with Article 8.14 of this Code, the city building security regulations. Innovative lighting design with varying light intensity levels is encouraged for highlighting and merchandising purposes.Special consideration as to direction and orientation of lighting shall be made for properties that are adjacent to residential districts. All lighting in such areas shall be directed away from residential areas and all direct light beams shall be directed towards the automobile dealership buildings and exterior automobile display areas.All new development shall comply with the following standards to meet the provisions of Article 8.14 of this Code related to security lighting:(1) Private on-site lighting standards adjacent to public streets shall not exceed thirty feet in height above grade. These lighting standards may have two luminaries per standard and must be mounted parallel to the public street right-of-way.(2) The exterior display area shall be illuminated by fixtures on poles not to exceed thirty feet in height above grade. These poles may have as many as four luminaries per pole.(3) Service and storage parking areas shall be lighted by luminaries mounted on standards not to exceed thirty feet in height above grade.(4) Fixed spotlight fixtures shall not be directed toward public streets or adjacent properties.(5) Temporary display spotlights shall not be permitted unless so authorized by the city. Such request shall be made to the director in writing at least thirty days in advance of using such display and approved if it is found that the temporary display lighting is for a period not to exceed thirty days a year, that the lighting shall be directed away from residential areas, and not be directed toward the public street or neighboring properties.Expansions of existing automobile dealerships, in terms of land area, shall not be required to provide lighting as stated in subsections (c)(1), (2) and (3) of this section, if such expansion is contiguous to, and of a lesser size than the existing dealership property. For such an expansion, the dealership shall provide lighting consistent with the existing facility.As a condition of approval for any substantial remodeling of any building involving a conditional use permit, the building official may require nonconforming lighting to meet the provisions of Article 8.14 of this Code related to security lighting.(d) Public address system. Exterior public address and/or paging systems (including speakers) shall be permitted for automobile dealerships or other uses allowed in the A-C district. The maximum allowable decibel level shall be sixty dBA at the property lines. When an automobile dealership or other use allowed in the A-C district abuts a residential district, exterior public address and/or paging systems (including speakers) shall not be located on the sides of the building(s) and/or property that abuts such residential district in a manner that results in the public address and/or paging system being directed toward the abutting residential district. Use of public address systems shall comply with provisions of this Code related to noise.", "history": "(Ord. 1591 § 1; Ord. 1627 § 27; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651701", "title": "COMMERCIAL SERVICE (C-S) DISTRICT", "number": "40.17", "url": "https://ecode360.com/44651701", "sha256": "c75aaa2cbde29ff60723c6e996b7de94ed94a3196e7bdc6252095c09fb7e13ae", "exportedArticleSha256": "77177671f3ddf71f5d26f46c15eb305f025d2dc4693c5084d34233cdf731a5d7", "sections": [ { "guid": "44651702", "number": "§ 40.17.010", "title": "Purpose.", "text": "The purpose of a commercial service (C-S) district is to provide locations in several sectors of the City for a broad range of commercial service uses including automotive and equipment repair, custom manufacturing, light wholesale storage and distribution, contractors offices as well as small convenience retail. Uses in this zone are typically not as retail intensive as those found in the downtown core or in neighborhood centers. Although, minor retail uses may be permitted to serve immediate needs of the surrounding businesses or residents.", "history": "(Ord. 296 § 17.1; Ord. 2022 § 1, 2000)" }, { "guid": "44651703", "number": "§ 40.17.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in a C-S district are as follows:(a) Auto, motorcycle sales, which shall be conducted within an enclosed building (use size limit ten thousand square feet).(b) Automotive/truck repair uses, which typically include, but are not limited to, brake, muffler, tire, engine, transmission repair and automotive drive-through car washes (use size limit ten thousand square feet).(c) Repair services. Uses typically include but are not limited to upholstery, furniture, and large electrical appliance repair services (use size limit ten thousand square feet).(d) Auto, building and light equipment supplies. Uses typically include, but are not limited to, retail sale or rental from the premises of goods and equipment including auto parts, paint, glass, hardware, tile, carpet, fixtures (use size limit ten thousand square feet).(e) Building contractors offices. Use size limit ten thousand square feet.(f) Service establishments. Uses typically include, but are not limited to, print shops, cabinet shops, glass shops and exterminators (use size limit ten thousand square feet).(g) Agricultural/nursery supplies and services. Uses typically include, but are not limited to, feed and grain stores, greenhouses, tree service firms and nurseries (use size limit ten thousand square feet).(h) Office for professional and administrative uses. Use limited to ten thousand square feet.(i) Custom/light manufacturing. Uses typically include but are not limited to manufacturing, processing, assembling, packaging, treatment or fabrication of custom made items, or of products within an enclosed building which do not require large container truck traffic or the transport of large scale bulky products. Products are typically ready for use or consumption or may be semi-finished to become a component for further assembly and packaging. On-site wholesale or retail of the goods produced may be permitted if accessory in use and area to the principal manufacturing use. Uses typically include but are not limited to jewelry, household furniture, art objects, apparel products, specialty foods, confectionery products, hand tools, bicycle frames, signs, architectural and ornamental metal work, toys, stationary or small musical instruments (use size limit fifteen thousand square feet).(j) Light wholesale, storage, distribution and vending. Uses typically include, but are not limited to, wholesaling, storage, and warehousing services within an enclosed building and the storage and wholesale to retailers from the premises of finished goods and food products. Retail operation may be permitted which is accessory in use and area to the principal warehouse use (use size limit fifteen thousand square feet), subject to retail warehouse/manufacturing performance standards.(k) Research services. Allow for smaller scale start-up or incubator research activities. Uses typically include but are not limited to research, design, analysis, development and/or testing of a product (use size limit fifteen thousand square feet).(l) Any other business or service establishment determined by the director to be of the same general character as the above permitted uses.(m) Exercise studios or classes, yoga studios, martial arts studios, dance studios, occupying less than ten thousand gross square feet.(n) Animal care. Uses typically include, but are not limited to, animal clinics, large and small animal hospitals, and kennels that operate entirely within a wholly enclosed building.", "history": "(Ord. 296 § 17.2; Ord. 431 §§ 1, 5; Ord. 1014 §§ 2, 3; Ord. 2022 § 2, 2000; Ord. 2572 § 15, 2020)" }, { "guid": "44651718", "number": "§ 40.17.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in a C-S district:(a) Signs, subject to the regulations in Section 40.26.020.(b) Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 40.26.010.(c) Home occupations are allowed for existing nonconforming residential dwellings and uses, subject to provisions of Sections 40.01.010 and 40.26.150.", "history": "(Ord. 296 § 17.3; Ord. 875 § 12)" }, { "guid": "44651722", "number": "§ 40.17.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in a C-S district:(a) Permitted uses or combinations thereof, that exceed the stated use size limits.(b) Any use permitted in the district that has outdoor storage, display, work areas or parking of fleet vehicles.(c) Auto service stations.(d) Restaurants.(e) Public or semipublic uses, including utilities.(f) Day care facility. Establishments for non-medical care to infants, preschool and school age children under eighteen years of age for a portion of the day.(g) Convenience retail sales. Uses typically include but are not limited to bakeries, postal annex, video rental, and donuts. Uses are small in scale and are intended to serve local immediate needs. Convenience markets or mini-marts are specifically prohibited.(h) Drive-through facilities. Subject to performance standards in Sections 40.26.420 and 40.26.430.(i) Personal services. Uses typically include but are not limited to dance studios, music schools, martial arts schools, driving schools, cleaning and laundering establishments, beauty/barber establishments.(j) Commercial recreation. Uses typically include but are not limited to health clubs, exercise studios or classes, swimming centers, skating rinks, bowling alleys, sports field and golf courses.(k) Animal care. Uses typically include but are not limited to animal clinics, large and small animal hospitals, and kennels.(l) Any use permitted in the district that has outdoor activity associated with the use, including but not limited to, storage, display, work areas or parking of fleet vehicles.(m) Public storage. Uses typically include mini-warehouse or recreation vehicle storage facilities for the rental or lease of small scale enclosed storage units or parking spaces primarily to individuals rather than firms or organizations.(n) Social/health services. Uses may include but are not limited to nursing facilities, alcohol and drug treatment centers or blood bank.(o) Funeral parlors.", "history": "(Ord. 296 § 17.4; Ord. 416 § 4; Ord. 431 § 3; Ord. 1739 § 6, 1994; Ord. 2022, § 3, 2000; Ord. 2113 § 1, 2003; Ord. 2572 § 15, 2020)" }, { "guid": "44651738", "number": "§ 40.17.050", "title": "Height regulations.", "text": "No building structure shall exceed thirty-five feet in height.", "history": "(Ord. 296 § 17.5)" }, { "guid": "44651739", "number": "§ 40.17.060", "title": "Yard requirements.", "text": "The following yard requirements shall be met in a C-S district:(a) Front yard. None.(b) Setbacks. Side and rear yards, none except when abutting P-A or R districts, then not less than ten feet, or not less than the required side yard in such adjacent district, whichever is greater. Additional landscaping may be required as part of the design review process.", "history": "(Ord. 296 § 17.6; Ord. 2022 § 4, 2000)" }, { "guid": "44651742", "number": "§ 40.17.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval by the director or designee shall be required for all uses.(b) Landscaping and screening shall be in accordance with provisions of Section 40.26.250, except that in the C-S district, a minimum of ten percent of the total site shall be provided and twenty percent encouraged.(c) On-site freeway landscaping. Projects that are adjacent to either I-80 or SH-113 freeways (including properties separated by a street) shall provide a minimum fifteen-foot tree/landscape setback along the property boundary that parallels the freeway. Tree plantings shall include a mix of deciduous and evergreen trees designed to provide a primarily green backdrop punctuated by view corridors providing visibility to businesses adjacent to the freeway.(d) Street tree and right-of-way landscaping. Project shall provide street trees and plant materials along streets within the public right-of-way and adjacent spaces, which shall be installed and maintained by the property owner. Landscape and irrigation plans shall be approved by the community development and sustainability department through a site plan approval process.(e) Plant materials. Plant materials shall be used in landscaped areas; gravel, bark, rock or mulch is not adequate by itself as a ground cover.(f) Landscape maintenance. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within thirty days.(g) Property and parking lot maintenance. Property owners are responsible for maintaining all buildings, structures, yards, signs, parking areas and other improvements in a manner which does not detract from the appearance of the surrounding area. Parking lots shall be maintained in an attractive and suitable fashion with any potholes, significantly cracked or uneven paving and any other significant damage repaired in a timely fashion throughout the life of the project.(h) Master plan design theme. The design of the major elements of a project which includes multiple buildings, shall be coordinated as part of a master plan for development to ensure unification of such elements as the building forms, key architectural feature/styles, materials, colors, textures, site layout, circulation, access, parking, landscaping and signage. Guidelines or plans that include illustrative graphics shall be required prior to approval of a design review application or final planned development for the project.(i) Exterior building design. All exterior elevations of buildings shall have architectural treatment. Expanses of blank building walls shall be minimized with creative use of materials, texture, color and/or building form, including door and window placement. Building walls facing the arterial street(s) shall receive an enhanced treatment and entries through appropriate architectural elements.(j) Roof design. Flat roofs are discouraged. Vertical and horizontal variation of the roofline, through the use of elements such as parapet design, multiple gables, pitched roofs, towers or other structural elements, shall be provided on all sides of the building.(k) Project circulation and employee amenities. Convenient, safe pedestrian and bicycle circulation shall be provided throughout all projects to connect public streets, parking, and public transit facilities with buildings and between buildings. Employee outdoor eating areas shall be provided as an integral part of site designs. They are encouraged for projects under one acre and required for all projects one acre and greater.(l) Work area screening. Disabled vehicles, work-bays, loading areas, and other similar areas shall be permanently screened from the public right-of-way and from land used in common (public view).(m) Project landscaping. Project landscaping shall be evaluated during the design review process to consider at a minimum, the nature and extent of landscaping that will be required between parking areas and buildings, between driveways and buildings, between buildings, adjacent to building elevations, at project entries, between parking areas and the street, at property boundaries and as a buffer to residential or other less intensive uses.(n) Outdoor storage or display screening. Uses shall be conducted within an enclosed building and/or any outdoor storage or display areas shall be permanently screened from the public right-of-way and from land used in common (public view). Screening shall be architecturally compatible with the surrounding environment. Concrete masonry, wood, landscaping and other similar permanent materials shall be used to achieve effective screening.(o) Pump island and drive-through screening. Pump islands and drive-through lanes should be screened from view to the extent possible through the individual or combined use of elements including building location and site layout, architectural features such as trellis, screen walls, as well as berming and landscaping. Drive-through facilities shall be subject to Sections 40.26.420 and 40.26.430.(p) Temporary use sales. Outside sale of merchandise on a temporary basis shall be prohibited, except where the event is part of an organized parking lot sale, in which adequate provisions have been made for traffic circulation off-street parking, and pedestrian safety to the satisfaction of the director. Any such use is subject to the temporary use permit, Article 40.30B and Section 22.08.210 of the Davis Municipal Code.(q) Retail warehouse/manufacturing performance standards. The retail establishment is accessory to and incidental to the principal warehouse/manufacturing use, with the maximum area used for retail sales limited to twenty-five percent or four thousand square feet, whichever is less, of the principal use. The items on sale in the retail establishment are actually part of the stock of the warehouse or manufactured on site. Outdoor storage areas will be included as floor area of the warehouse and lot coverage for the purpose of evaluating compliance with floor area and lot coverage standards.(r) Exterior lighting. All lighting shall be shielded and directed downward consistent with provisions of the City's Dark Sky Ordinance No. 1966. Where a commercial recreation use is located adjacent to nearby residential uses, light shielding is paramount, such that there will be no significant negative impacts to the surrounding residential neighborhoods.(s) Additional use findings: That the proposed use shall not undermine the economic viability of the downtown in that the use shall be complementary to existing or proposed uses in the downtown and shall continue the preservation of the downtown as the primary retail destination.", "history": "(Ord. 296 § 17.7; Ord. 1627 § 28; Ord. 2022 §§ 9, 10, 2000; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651763", "title": "COMMERCIAL MIXED USE (CMU) DISTRICT", "number": "40.18", "url": "https://ecode360.com/44651763", "sha256": "20fe690fdbbefaeb372ed5b1c0a30a464f4f708aea1d59e2c0e8ba0583566637", "exportedArticleSha256": "63b0e42af24bf305615b30c864d6fe2882b7c2b3f223094f17dabf737dbbcc8a", "sections": [ { "guid": "44651764", "number": "§ 40.18.010", "title": "Purpose, size and location generally.", "text": "The purpose of a commercial mixed use district is to provide for a broad range of uses that are intended to serve the internal needs of Davis residents as well as the traveling public. These sites are located in the immediate vicinity of a freeway on-or off-ramp or along a service drive that is directly accessible to the highway. Uses may include automotive sales, repair, and commercial recreation. CMU districts are to be established in zones of two acres or larger.", "history": "(Ord. 296 § 18.1; Ord. 2022 § 6, 2000)" }, { "guid": "44651765", "number": "§ 40.18.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in a CMU district are as follows:(a) Auto, motorcycle sales, which shall be conducted within an enclosed building.(b) Automotive/truck repair. Uses typically include brake, muffler, tire, engine, transmission repair and automotive drive-through car washes (use size limit ten thousand square feet).(c) Auto, building and light equipment supplies. Uses typically include, but are not limited to, retail sale or rental from the premises of goods and equipment including auto parts, paint, glass, hardware, tile, carpet, fixtures (use size limit ten thousand square feet).(d) Agricultural/nursery supplies and services. Uses typically include, but are not limited to, feed and grain stores, greenhouses, tree service firms and nurseries (use size limit ten thousand square feet).(e) Office for professional and administrative uses. Use limited to ten thousand square feet.(f) Commercial service uses. Uses permitted in the commercial (C-S) district shall be permitted in the commercial mixed use (CMU) district.(g) Exercise studios or classes, yoga studios, martial arts studios, dance studios, occupying less than ten thousand gross square feet.(h) Animal care. Uses typically include, but are not limited to, animal clinics, large and small animal hospitals, and kennels that operate entirely within a wholly enclosed building.(i) Any other business or service establishment determined by the director to be of the same general character as the above permitted uses.", "history": "(Ord. 296 § 18.2; Ord. 431 § 5; Ord. 1087 §§ 1, 2; Ord. 2022 § 7, 2000; Ord. 2572 § 16, 2020)" }, { "guid": "44651775", "number": "§ 40.18.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in a CMU district:(a) Signs, subject to the regulations of Section 40.26.020.(b) Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 40.26.010.(c) Home occupations are allowed for existing nonconforming residential dwellings and uses, subject to provisions of Sections 40.01.010 and 40.26.150.", "history": "(Ord. 296 § 18.3; Ord. 875 § 13)" }, { "guid": "44651779", "number": "§ 40.18.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in a CMU district subject to the granting of an administrative uses permit.(a) Permitted uses or combinations thereof, that exceed the stated use size limits.The following conditional uses may be permitted in a CMU district:(a) Any use permitted in the district that has outdoor activity associated with the use, including, but not limited to, storage, display, work areas or parking of fleet vehicles.(b) Auto, motorcycle, agricultural equipment sales which are not conducted entirely within a enclosed building. Uses typically include, but are not limited to, new and used car sales/lots, motorcycle, boat, trailer sales. Servicing of vehicles may be considered if accessory in use and size (twenty-five percent or less of the principal use).(c) Auto service stations.(d) Drive-through facilities subject to performance standards in Sections 40.26.420 and 40.26.430.(e) Restaurants.(f) Public or semipublic uses, including utilities.(g) Commercial recreation. Uses typically include, but are not limited to, swimming centers, skating rinks, bowling alleys, sports fields and golf courses.(h) Inns and motor hotels.(i) Moderate size community retail stores. Retail stores selling the kinds of retail goods for which there is substantial sales tax leakage within Davis, such as household appliances, electronics, and furniture.(j) Commercial service conditional uses. Uses conditionally permitted in the commercial service district shall be conditionally permitted within the commercial mixed use district.", "history": "(Ord. 296 § 18.4; Ord. 416 § 2; Ord. 431 § 4; Ord. 501 § 2; Ord. 1087 §§ 3—8; Ord. 1739 § 7, 1994; Ord. 1793 § 1; Ord. 1903 § 1, 1997; Ord. 2022 § 8, 2000; Ord. 2113 § 1, 2003; Ord. 2572 § 16, 2020)" }, { "guid": "44651791", "number": "§ 40.18.050", "title": "Height regulations.", "text": "No building or structure shall exceed three stories or thirty-five feet in height, except as provided in Section 40.27.030.", "history": "(Ord. 296 § 18.5)" }, { "guid": "44651792", "number": "§ 40.18.060", "title": "Area, lot coverage and yard requirements.", "text": "The following minimum yard, area, etc., requirements shall be observed, except where increased for conditional uses or as provided in Sections 40.27.040 through 40.27.070:(a) Lot area. Ten thousand square feet.(b) Lot coverage. Twenty-five percent, maximum.(c) Front yard. Twenty-five feet.(d) Side yards. Ten feet, except when abutting an R district or an A district designated in the city master plan for residential use, then not less than twenty-five feet.(e) Rear yard. Ten feet, except when abutting an R district or an A district designated in the city master plan for residential use, then not less than twenty-five feet. The required rear yard shall be fully landscaped.", "history": "(Ord. 296 § 18.6; Ord. 1087 § 9)" }, { "guid": "44651798", "number": "§ 40.18.070", "title": "Special conditions.", "text": "(a) In any CMU district directly across a street or highway from any R district or A district designated for future residential use in the city master plan, the parking and loading facilities shall be distant at least ten feet from such street and the buildings and structures at least twenty feet from such street; provided, that this requirement does not apply when the street or highway is provided on one or both sides with a service road developed in accordance with the provisions of Chapter 36 or other ordinance or regulation of the city specifying the standards or specifications for the development of the service road.(b) Site plan and architectural approval by the director or designee shall be required for all uses. The director or designee shall develop an architectural theme for buildings and signs in the CMU zone, which shall be approved by the planning commission and city council. Subsequent to adoption of the theme, all new and remodeled buildings and signs shall be made consistent with the theme through review by the director or designee.(c) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250 except that in the CMU zone, a minimum of ten percent of the total site area shall be provided and twenty percent shall be encouraged. In addition to the minimum site area landscaping, a row of trees shall be provided along all site property lines as determined by the director or designee. Similar plant materials shall be utilized in all projects to create a landscape theme subject to director or designee review. Plant materials shall be fifteen-gallon size for trees and five-gallon size for shrubs.(d) On-site freeway landscaping. Projects that are adjacent to either I-80 or SH-113 freeways (including properties separated by a street) shall provide a minimum fifteen-foot tree/landscape setback along the property boundary that parallels the freeway. Tree plantings shall include a mix of deciduous and evergreen trees designed to provide a primarily green backdrop punctuated by view corridors providing visibility to businesses adjacent to the freeway.(e) Street tree and right-of-way landscaping. Projects shall provide street trees and plant materials along streets within the public right-of-way and adjacent spaces, which shall be installed and maintained by the property owner. Landscape and irrigation plans shall be approved by the community development and sustainability department through a site plan approval process.(f) Plant materials. Plant materials shall be used in landscaped areas; gravel, bark, rock or mulch is not adequate by itself as a ground cover.(g) Landscape maintenance. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within thirty days.(h) Property and parking lot maintenance. Property owners are responsible for maintaining all buildings, structures, yards, signs, parking areas and other improvements in a manner which does not detract from the appearance of the surrounding area. Parking lots shall be maintained in an attractive and suitable fashion with any potholes, significantly cracked or uneven paving and any other significant damage repaired in a timely fashion throughout the life of the project.(i) Master plan design theme. The design of the major elements of a project which includes multiple buildings, shall be coordinated as part of a master plan for development to ensure unification of such elements as the building forms, key architectural feature/styles, materials, colors, texture, site layout, circulation, access, parking, landscaping and signage. Guidelines or plans that include illustrative graphics shall be required prior to approval of a design review application or final planned development for the project.(j) Exterior building design. All exterior elevations of buildings shall have architectural treatment. Expanses of blank building walls shall be minimized with creative use of materials, textures, color and/or building form, including door and window placement. Building walls facing the arterial street(s) shall receive an enhanced treatment and entries through appropriate architectural elements.(k) Roof design. Flat roofs are discouraged. Vertical and horizontal variation of the roof-line, through the use of elements such as parapet design, multiple gables, pitched roofs, towers or other structural elements, shall be provided on all sides of the building.(l) Project circulation and employee amenities. Convenient, safe pedestrian and bicycle circulation shall be provided throughout all projects to connect public streets, parking, and public transit facilities with buildings and between buildings. Employee outdoor eating areas shall be provided as an integral part of site designs. They are encouraged for projects under one acre and required for all projects one acre and greater.(m) Work area screening. Disabled vehicles, work-bays, loading areas, and other similar areas shall be permanently screened from the public right-of-way and from land used in common (public view).(n) Project landscaping. Project landscaping shall be evaluated during the design review process to consider at a minimum, the nature and extent of landscaping that will be required between parking areas and buildings, between driveways and buildings, between buildings, adjacent to building elevations, at project entries, between parking areas and the street, at property boundaries and as a buffer to residential or other less intensive uses.(o) Outdoor storage or display screening. Uses shall be conducted within an enclosed building and/or any outdoor storage or display areas shall be permanently screened from the public right-of-way and from land used in common (public view). Screening shall be architecturally compatible with the surrounding environment. Concrete, masonry, wood, landscaping and other similar permanent materials shall be used to achieve effective screening.(p) Pump island and drive-through screening. Pump islands and drive-through lanes should be screened from view to the extent possible through the individual or combined use of elements including building locations and site layout, architectural features such as trellis, screen walls, as well as berming and landscaping. Drive-through facilities shall be subject to Sections 40.26.420 and 40.26.430.(q) Temporary use sales. Outside sale of merchandise on a temporary basis shall be prohibited, except where the event is part of an organized parking lot sale, in which adequate provisions have been made for traffic circulation, off-street parking, and pedestrian safety to the satisfaction of the director. Any such use shall be subject to temporary use permit Section 40.30B and Section 22.08.210 of the Davis City Code.(r) Retail warehouse/manufacturing performance standards. The retail establishment is accessory to and incidental to the principal warehouse/manufacturing use, with the maximum area used for retail sales limited to twenty-five percent or four thousand square feet, whichever is less, of the principal use. The items on sale in the retail establishment are actually part of the stock of the warehouse or manufactured on site. Outdoor storage areas will be included as floor area of the warehouse and lot coverage for the purpose of evaluating compliance with floor area and lot coverage standards.(s) Hotel/inn performance standards. As part of the overall project review, an independent market analysis shall be provided to indicate that there is sufficient demand to support an additional facility without resulting in significant negative draw from hotels/inns in the downtown area.(t) Exterior lighting. All lighting shall be shielded and directed downward consistent with provisions of the City's Dark Sky Ordinance, No. 1966. Where a commercial recreation use is located adjacent to nearby residential uses, light shielding is paramount, such that there will be no significant negative impacts to the surrounding residential neighborhoods.(u) Moderate size retail store performance standard. Use shall not exceed thirty thousand square feet. Square footage calculation shall include any outdoor display. The size of the proposed retail store shall be established based on a determination by the planning commission that the size is desirable in order to meet community retail needs; and that the store will generally offer categories of merchandise otherwise under represented in the city based on the best available economic data; and that the size is consistent with the goals and policies of the general plan.(v) Additional conditional use finding. The proposed use shall not undermine the economic viability of the downtown in that the use shall be complementary to existing or proposed uses in the downtown and shall continue the preservation of the downtown as the primary retail destination.", "history": "(Ord. 296 § 18.7; Ord. 894 § 2; Ord. 920 § 2; Ord. 1087 §§ 10, 11; Ord. 1627 §§ 29, 30; Ord. 2022 § 11, 2000; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651822", "title": "COMMUNITY RETAIL (C-R) ZONING DISTRICT", "number": "40.18A", "url": "https://ecode360.com/44651822", "sha256": "fdc6c87ef1060977cdf763c6de1fd63f924c3382de2112ac2a884148d2573369", "exportedArticleSha256": "bcd93336d4e0fca7c412f96d65ed472daa3b0d6bf88497dd9653086e0cd92054", "sections": [ { "guid": "44651823", "number": "§ 40.18A.010", "title": "Purpose.", "text": "The purpose of the community retail (CR) district is to provide space within the community for moderate-sized retail stores and compatible accessory uses to provide shopping opportunities for Davis residents that cannot be accommodated in the downtown core area or the neighborhood shopping centers.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651824", "number": "§ 40.18A.015", "title": "Permitted uses.", "text": "The principal permitted uses of land in a community retail zone are as follows:(a) Food or grocery store, as defined in Section 40.01.010, up to a maximum of twenty-five thousand square feet.(b) Apparel, shoes and accessory sales between eight thousand and twenty-five thousand square feet per individual use.(c) Houseware, hobby, and gift stores between eight thousand and twenty-five thousand square feet per individual use.(d) Other community retail stores, such as appliances, department stores, general merchandise, furniture, linens, electronics, hardware, building supplies, sporting goods, or specialty food stores, up to a maximum of twenty-five thousand square feet per individual use.(e) Neighborhood retail and personal services, such as video rental, restaurants, dry cleaning, beauty supplies and services, up to an aggregate maximum of twenty thousand square feet for any specific center.(f) Financial institutions, professional and administrative offices, up to an aggregate maximum of ten percent of the square footage for any specific subdivision or center.(g) Pharmacy, up to a maximum of twenty-five thousand square feet.(h) Residential uses above the ground floor.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651833", "number": "§ 40.18A.020", "title": "Accessory uses.", "text": "The following accessory uses shall be permitted in a community retail district:(a) Signs, subject to the provisions of Section 40.26.020(e)(5).(b) Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 40.26.010.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651836", "number": "§ 40.18A.030", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in a community retail district:(a) Food stores over twenty-five thousand square feet, up to a maximum of forty thousand square feet.(b) Uses listed in Section 40.18.010(b) through (g) over twenty-five thousand square feet, up to a maximum of fifty thousand square feet.(c) Commercial recreation.(d) Automobile service stations, with or without car wash or convenience market, subject to the provisions of Section 40.26.130.(e) Drive-through facilities, subject to the provisions of Section 40.26.420.(f) Public and semipublic uses of a recreational, educational, religious, cultural or public service type, but not including corporation yards, storage or repair yards, warehouses and similar uses.(g) Freestanding signs exceeding eight feet in height, subject to the provisions of Section 40.26.020(e)(5).", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651844", "number": "§ 40.18A.040", "title": "Prohibited uses.", "text": "The following uses are prohibited in a community retail district:(a) Entertainment uses.(b) Minimarts or convenience markets, other than those accessory to a service station.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651847", "number": "§ 40.18A.050", "title": "Height regulations.", "text": "No building in a CR district shall exceed thirty feet and one story within twenty-five feet of any R-1 or R-2 district, otherwise fifty feet in height.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651848", "number": "§ 40.18A.060", "title": "Area and yard requirements.", "text": "The following minimum area and yard requirements shall be observed for the CR zoning district, except where increased for conditional uses or as provided in Section 40.27.060 or 40.27.080.(a) Front yard. Zero feet.(b) Side yards. Zero feet, except when abutting an R-1 or R-2 district, then not less than twenty feet.(c) Rear yard. Zero feet, except when abutting an R-1 or R-2 district, then not less than twenty feet.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651852", "number": "§ 40.18A.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval by the director shall be required for all uses, in accordance with Articles 40.13A and 40.31 of this chapter.(b) Off-street parking and loading facilities shall be required for all uses, as provided in Section 40.25.010.(c) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250.", "history": "(Ord. 2232 § 1, 2006; Ord. 2390 § 2, 2012; Ord. 2421 § 6, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44651856", "number": "§ 40.18A.080", "title": "Findings for conditional use permits.", "text": "In addition to the requirements of Section 40.30.080, retail conditional uses shall require a determination by the planning commission that the size is desirable in order to meet community retail needs; that the store will generally offer categories of merchandise otherwise under represented in the city based on the best available economic data; and that the proposed use shall not undermine the economic viability of the downtown in that the use shall be complementary to existing or proposed uses in the downtown and shall continue the preservation of the downtown as the primary retail destination.", "history": "(Ord. 2232 § 1, 2006)" }, { "guid": "44651857", "number": "§ 40.18A.090", "title": "Design principles.", "text": "The following design principles shall be incorporated into all new community retail developments. These design principles shall be considered and incorporated as feasible into converted or altered community retail developments:(a) Buildings shall be oriented to the street and sidewalk.(b) Parking areas shall be located behind buildings.(c) Bicycle parking shall be provided near building entrances, with convenient and logical access to bikeways and streets.(d) Pedestrian connections shall be provided from adjacent properties.(e) Buildings shall incorporate energy-efficient and environmental concepts such as natural ventilation and lighting.(f) Centers shall include outdoor seating and gathering areas for customers and employees.", "history": "(Ord. 2232 § 1, 2006)" } ] }, { "guid": "44651864", "title": "INDUSTRIAL ADMINISTRATION AND RESEARCH (I-R) DISTRICT", "number": "40.19", "url": "https://ecode360.com/44651864", "sha256": "6ab83cde46af049d81f98b7c30533d86b04769124483c8c504cf9ef52310a317", "exportedArticleSha256": "2e70e31defb3b8882376c497f73dadde71a554ea0c08fb04301ceb575a298bc9", "sections": [ { "guid": "44651865", "number": "§ 40.19.010", "title": "Purpose.", "text": "The purpose of an industrial administration and research (I-R) district is to provide an environment exclusively for and conducive to the development and protection of modern, large scale administrative facilities, research institutions and specialized manufacturing organizations, all of a non-nuisance type.", "history": "(Ord. 296 § 19.1)" }, { "guid": "44651866", "number": "§ 40.19.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an I-R district as follows unless modified by Section 40.19.040:(a) Administrative, executive and financial offices.(b) Laboratories: experimental, film or testing.(c) Manufacturing, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather or semiprecious metals or stones, but not including such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.(d) Manufacture of electric and electronic instruments and devices, such as television, radio and phonograph equipment.(e) Manufacture of food products, pharmaceuticals and the like, but not including production of fish or meat products, sauerkraut, vinegar or the like, or the rendering or refining of fats and oils.(f) Planned unit developments, subject to the provisions of Sections 40.32.010 through 40.32.110.(g) Any other research or light manufacturing use determined by the planning commission to be of the same general character as the permitted uses.(h) Agriculture, except the raising of fowls or animals for commercial purposes, or the sale of any products at retail on the premises.(i) Sex-oriented entertainment businesses, subject to the requirements of Section 40.26.410.", "history": "(Ord. 296 § 19.2; Ord. 756 § 1; Ord. 1377 § 3; Ord. 1735 § 2)" }, { "guid": "44651876", "number": "§ 40.19.030", "title": "Accessory uses.", "text": "The following accessory use is permitted in I-R district: signs, subject to the provisions of Section 40.26.020.", "history": "(Ord. 296 § 19.3)" }, { "guid": "44651877", "number": "§ 40.19.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an I-R district:(a) Public and semipublic, including public utility uses necessary and appropriate to the I-R district.(b) Retail commercial uses such as restaurants and auto service stations, necessary to serve and appropriate to the I-R district.(c) Any use which handles, stores or treats in any fashion hazardous materials and is not a B occupancy use per the provisions of the California Building Code.(d) Drive-through facilities, subject to the provisions of Section 40.26.420.", "history": "(Ord. 296 § 19.4; Ord. 1377 § 4; Ord. 1739 § 8, 1994; Ord. 2113 § 1, 2003; Ord. 2677, 11/4/2025)" }, { "guid": "44651882", "number": "§ 40.19.050", "title": "Height regulations.", "text": "No structure shall exceed three stories or fifty feet in height, except as provided in Section 40.27.030, and as greater heights may be permitted for planned unit developments, subject to the provisions of Sections 40.32.010 through 40.32.110.", "history": "(Ord. 296 § 19.5)" }, { "guid": "44651883", "number": "§ 40.19.060", "title": "Area and yard requirements.", "text": "The following minimum area and yard requirements shall be observed for the I-R zoning district classification as designated on the zoning map, except where increased for conditional uses or as provided in Sections 40.27.040 through 40.27.070:(a) Lot area. Twenty thousand square feet.(b) Front yard. Twenty-five feet.(c) Side yards. Twenty feet, except when abutting an R district or an A district designated for future residential development in the city master plan, then not less than fifty feet.(d) Rear yard. Twenty-five feet, except when abutting an R district or an A district designated for future residential development in the city master plan, then not less than fifty feet.", "history": "(Ord. 296 § 19.6; Ord. 526 § 1)" }, { "guid": "44651888", "number": "§ 40.19.070", "title": "Special conditions.", "text": "(a) All uses permitted by this article, except for administrative, executive and financial offices, and permitted retail commercial uses, shall be subject to review in accordance with performance standards procedure in Sections 40.24.010 through 40.24.080.(b) All uses shall be conducted wholly within a completely enclosed building, except for auto service stations, off-street parking and loading facilities and public utility substations.(c) Manufacturing and industrial processes shall use only gas or electricity as a fuel and for power; provided, that oil burning equipment may be installed for standby purposes only.(d) In any I-R district directly across the street from any R district or A district designated for future residential use in the city master plan, the parking and loading facilities shall be distant at least twenty feet from the street, and the buildings and structures at least fifty feet from the street.(e) Site plan and architectural approval by the director or designee shall be required for all uses.(f) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250.", "history": "(Ord. 296 § 19.7; Ord. 894 § 2; Ord. 1627 § 31; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651896", "title": "INDUSTRIAL (I) DISTRICT", "number": "40.20", "url": "https://ecode360.com/44651896", "sha256": "430a1afb38c8ff5a5b89b18fd61d2b887962c2b03bd4eb3ada3dcc42b84c3553", "exportedArticleSha256": "66a4ce6aedbd0a2b1f2f779aacbd54259d22137432cd3a057758825966ce733e", "sections": [ { "guid": "44651897", "number": "§ 40.20.010", "title": "Purpose.", "text": "The purpose of an industrial (I) district is to encourage sound industrial development by providing and protecting an environment exclusively for such development, subject to regulations necessary to insure the purity of air and waters in the city, county and region, and the protection of nearby residential, commercial, agricultural, public and industrial uses of land from hazards and noise and other disturbances.", "history": "(Ord. 296 § 20.1)" }, { "guid": "44651898", "number": "§ 40.20.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in an I district are as follows:(a) Any manufacturing, processing, assembling, research and development, laboratory, wholesale or storage uses that complies with performance standards of Article 40.24.(b) Railroad yards and freight stations, and trucking and motor freight stations, and public utility substations and service yards.(c) Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.(d) Sex oriented entertainment businesses, subject to the requirements of Section 40.26.410.(e) Emergency shelter with thirty-five or fewer beds, subject to performance standards in Section 40.24.120.", "history": "(Ord. 296 § 20.2; Ord. 1377 § 5; Ord. 1735 § 3; Ord. 2413 § 2, 2013; Ord. 2572 § 17, 2020)" }, { "guid": "44651904", "number": "§ 40.20.030", "title": "Accessory uses.", "text": "The following accessory uses are permitted in an I district:(a) Signs appurtenant to any permitted use, subject to the provisions of Section 40.26.020.(b) Incidental services, such as restaurants to serve employees, when conducted and entered from within the building.(c) Other accessory uses and buildings customarily appurtenant to a permitted use.", "history": "(Ord. 296 § 20.3)" }, { "guid": "44651908", "number": "§ 40.20.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an I district:(a) Any of the following manufacturing uses, among others, subject to review in accordance with the performance standards procedure in Sections 40.24.010 through 40.24.080, but not including uses of the character listed in subsection (g) of this section.(b) Automobile and metal appliance manufacturing and assembly, structural steel fabricating shops, machine shops, forges and foundries.(c) Brewing or distilling of liquors, or perfume manufacture.(d) Poultry slaughterhouses, and meat packing, but not other stockyards or slaughterhouses.(e) Sugar refinery.(f) Brick pottery manufacturing, stone or monument works.(g) Public and semipublic uses necessary to serve and appropriate in the I district.(h) Retail commercial uses, such as restaurants and automobile service stations, necessary to serve and appropriate to the I district.(i) Drive-through facilities, subject to the provisions of Section 40.26.420.(j) Emergency shelter with more than thirty-five beds, subject to the performance standards in Section 40.24.120.(k) Any of the following manufacturing uses, involving primary production of the following products from raw materials, subject to review in accordance with the performance standards procedure, and provided that such uses are located not less than two thousand feet from the nearest R district or A district designated for future residential development in the city master plan.(1) Asphalt, cement, charcoal and fuel briquettes.(2) Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard, and hydrochloric, nitric, phosphoric, picric and sulphuric acids.(3) Coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size.(4) Turpentine, matches, paint.(5) Rubber, soaps, including fat rendering.(6) Flour mill.(7) The following processes: nitrating of cotton or other materials; magnesium foundry, reduction, refining, smelting and alloying of metal or metal ores; refining petroleum products, such as gasoline, kerosene, naphtha, lubrication oil, distillation of wood or bones, storage, curing or tanning of raw, green or salted hides or skins.(8) Stock yards, slaughterhouses, except for poultry; slag piles.(9) Large scale bleaching, cleaning and dyeing establishments.(10) Storage of fireworks or explosives, except where incidental to a permitted use.(l) Automobile salvage and wrecking operations, and industrial metal and waste rag, glass, paper salvage operations, subject to review in accordance with the performance standards procedure in Sections 40.24.010 through 40.24.080, if located not less than five hundred feet from the nearest R district or A district designated for future residential development in the city master plan, and provided that all operations are conducted within a solid wall or tight board fence not less than eight feet high.(m) Any other use which is determined by the planning commission to be of the same general character as the above uses.", "history": "(Ord. 296 § 20.4; Ord. 1377 § 6; Ord. 1739 § 9, 1994; Ord. 2113 § 1, 2003; Ord. 2359 § 6, 2010; Ord. 2413 § 3, 2013; Ord. 2572 § 17, 2020)" }, { "guid": "44651932", "number": "§ 40.20.050", "title": "Height regulations.", "text": "There are no height limitations in an I district, except that within two hundred feet of any R district or A district designated for future residential development in the city master plan, no structure shall exceed three stories or fifty feet in height; provided further, that before the construction of such a structure which exceeds fifty feet is authorized, the planning commission shall make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.", "history": "(Ord. 296 § 20.5)" }, { "guid": "44651933", "number": "§ 40.20.060", "title": "Area and yard requirements.", "text": "The following minimum area and yard measurements for the I zoning district classification as designated on the zoning map, except where increased for conditional uses or as provided in Sections 40.27.040 to 40.27.070:(a) Lot area. Twenty thousand square feet.(b) Front yard. Twenty-five feet.(c) Side yards. Twenty feet, except when abutting on an R district or an A district designated for future residential development in the city master plan, then not less than fifty feet.(d) Rear yard. Twenty-five feet, except when abutting an R district or an A district designated for future residential development in the city master plan, then not less than fifty feet.", "history": "(Ord. 296 § 20.6; Ord. 526 § 1)" }, { "guid": "44651938", "number": "§ 40.20.070", "title": "Special conditions.", "text": "(a) All uses shall be subject to initial and continued compliance with the performance standards in Sections 40.24.010 through 40.24.080.(b) Site plan and architectural approval by the director or designee shall be required for all uses.(c) In any I district directly across the street from any R district or A district designated for future residential use in the city master plan, the parking and loading facilities shall be distant at least twenty feet from such street, and the buildings and structures at least fifty feet from such street.(d) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250.", "history": "(Ord. 296 § 20.7; Ord. 526 § 1; Ord. 894 § 2; Ord. 920 § 2; Ord. 1627 § 32; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651944", "title": "PUBLIC-SEMIPUBLIC (P-SP) DISTRICT", "number": "40.20A", "url": "https://ecode360.com/44651944", "sha256": "ce88c038d6ce1a106eaaaeddcbc9a29ad78fdbd503b5e856b7f737aecf516adb", "exportedArticleSha256": "c68e37e317f503e3d93c5c22710c9dfd2aed836cd3eeb514729d94620ab5cd12", "sections": [ { "guid": "44651945", "number": "§ 40.20A.010", "title": "Purpose.", "text": "The purpose of the public-semipublic (P-SP) district is to provide space within the community for public uses, schools, religious institutions, hospitals, and similar uses that promote a suitable environment for community services and are not detrimental to surrounding land uses. Public-semipublic uses, particularly those of a smaller scale, are also permitted or conditionally permitted in other zoning districts and planned developments.", "history": "(Ord. 2160 § 1, 2004)" }, { "guid": "44651946", "number": "§ 40.20A.020", "title": "Permitted uses.", "text": "The principal permitted uses of land in a public-semipublic zone are as follows: public uses of a recreational, educational, cultural, or public service type, but not including corporation yards, storage or repair yards, warehouse, and similar type uses.", "history": "(Ord. 2160 § 1, 2004)" }, { "guid": "44651947", "number": "§ 40.20A.030", "title": "Accessory uses.", "text": "The following accessory uses shall be permitted in a public-semipublic district:(a) Signs, subject to the provisions of Section 40.26.020(f).(b) Accessory uses and buildings customarily appurtenant to a permitted use, subject to provisions Section 40.26.010.", "history": "(Ord. 2160 § 1, 2004)" }, { "guid": "44651950", "number": "§ 40.20A.040", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in a public-semipublic district:(a) Semipublic uses of a recreational, educational, religious, cultural or public service type, but not including corporation yards, storage or repair yards, warehouses and similar uses.(b) Public corporation yards, storage or repair yards, warehouses and similar uses.(c) Residential uses associated with and secondary to the primary use of the property.(d) Retail uses associated with and secondary to the primary use of the property.(e) Permitted or conditional uses not meeting the height or yard standards herein.", "history": "(Ord. 2160 § 1, 2004; Ord. 2677, 11/4/2025)" }, { "guid": "44651956", "number": "§ 40.20A.050", "title": "Height regulations.", "text": "No building in a P-SP district shall exceed three stories or fifty feet in height, except as provided in Section 40.27.030. The planning commission may allow increased height through the conditional use permit in accordance with Article 40.30 of this chapter.", "history": "(Ord. 2160 § 1, 2004)" }, { "guid": "44651957", "number": "§ 40.20A.060", "title": "Area and yard requirements.", "text": "The following minimum area and yard requirements shall be observed for the P-SP zoning district, except where increased for conditional uses or as provided in Section 40.27.060 or 40.27.080.(a) Lot area. Twenty thousand square feet for any parcel with a structure for human occupancy such as offices, meeting rooms, places of assembly, but not including storage buildings, restrooms, or gazebos. No minimum lot area for parcels without a structure, such as well sites, park sites, and public streets.(b) Front yard. Twenty-five feet, except as increased or decreased through the conditional use permit process.(c) Side yards. Twenty feet, except as increased or decreased through the conditional use permit process.(d) Rear yard. Twenty-five feet, except as increased or decreased through the conditional use permit process.", "history": "(Ord. 2160 § 1, 2004)" }, { "guid": "44651962", "number": "§ 40.20A.070", "title": "Special conditions.", "text": "(a) Site plan and architectural approval by the director shall be required for all uses, in accordance with Articles 40.13A and 40.31 of this chapter.(b) Landscaping and screening shall be in accordance with the provisions of Section 40.26.250(a) and (b).(c) Conditional use permits for uses not meeting the height, yard, or parking standards herein shall be processed in accordance with Article 40.30 of this chapter. The planning commission may approve deviations from these standards if it finds the following:(1) That privacy of adjacent property owners and tenants is sufficiently protected;(2) That the height of the building is appropriate for the location given the size of the property; the scale of nearby buildings and uses; the setback from property lines, public streets, and adjoining uses.(3) That the setbacks are appropriate, given the size of the property the scale of nearby buildings and uses; the setback from property lines and public streets; and the nature of adjoining uses.(4) That the number of parking spaces is appropriate for the use and the location, given the anticipated times of operation, the availability of on-street parking, any availability of shared parking, and any potential for parking reserve areas.(d) Conditional use permits for uses not meeting the height or yard standards herein shall be processed in accordance with Article 40.30 of this chapter. The planning commission may approve deviations from these standards if it finds the following:(1) That privacy of adjacent property owners and tenants is sufficiently protected;(2) That the height of the building is appropriate for the location given the size of the property; the scale of nearby buildings and uses; the setback from property lines, public streets, and adjoining uses.(3) That the setbacks are appropriate, given the size of the property the scale of nearby buildings and uses; the set back from property lines and public streets; and the nature of adjoining uses.", "history": "(Ord. 2160 § 1, 2004; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651971", "title": "INTERIM STUDY (S) DISTRICT", "number": "40.21", "url": "https://ecode360.com/44651971", "sha256": "14652aa0be3ebf98b358c6751d565b423a92170dae3dd39325ee39feceea5e8d", "exportedArticleSha256": "216c4f9da1110bfc9fdc7750da36c1b004346c87f3210e5ff8c597265442ba10", "sections": [ { "guid": "44651972", "number": "§ 40.21.010", "title": "Purpose.", "text": "The purpose of an interim study (S) district is to permit temporary control of the development in an area where detailed studies are being made. All territory annexed to the city may require additional study after the effective date of such annexation. Such temporary control shall be exercised to prevent any changes in the use of land which may be inconsistent with the precise plan and zoning being formulated. In order that the city may exercise temporary control in areas while the planning of the development of such areas is being studied, the S district may be applied.", "history": "(Ord. 296 § 21.1)" }, { "guid": "44651973", "number": "§ 40.21.020", "title": "Permitted uses.", "text": "The principal permitted use of land in an S district is as follows: agricultural, except the raising of animals or fowl for commercial purposes.", "history": "(Ord. 296 § 21.2)" }, { "guid": "44651974", "number": "§ 40.21.030", "title": "Conditional uses.", "text": "The following conditional uses may be permitted in an S district: any use permitted by this chapter in the district as generally designated in the city master plan.", "history": "(Ord. 296 § 21.3)" }, { "guid": "44651975", "number": "§ 40.21.040", "title": "Height regulations.", "text": "No building or structure shall exceed the height regulations prescribed by this article for the district generally designated by the city master plan.", "history": "(Ord. 296 § 21.4)" }, { "guid": "44651976", "number": "§ 40.21.050", "title": "Area, lot width and yard requirements.", "text": "Minimum area, lot width and yard requirements shall be as specified by this chapter for the district generally designated by the city master plan.", "history": "(Ord. 296 § 21.5)" }, { "guid": "44651977", "number": "§ 40.21.060", "title": "Special conditions.", "text": "Site plan and architectural approval by the director or designee shall be required for all uses.", "history": "(Ord. 296 § 21.6; Ord. 1627 § 33; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44651980", "title": "PLANNED DEVELOPMENT (P-D) DISTRICT", "number": "40.22", "url": "https://ecode360.com/44651980", "sha256": "e7b5b5aa707074912f822480b1d056845285d8bfaff87cd579e6b67c1f8eb154", "exportedArticleSha256": "ab40516a9b200bb39462210a2d86c769c152aa29139bfff9ed8e04093f08cba8", "sections": [ { "guid": "44651981", "number": "§ 40.22.010", "title": "Purpose of article.", "text": "The purpose of the planned development district is to allow diversification in the relationship of various buildings, structures and open spaces in order to be relieved from the rigid standards of conventional zoning. A planned development district shall comply with the regulations and provisions of the general plan and any applicable specific plan and shall provide adequate standards to promote the public health, safety and general welfare without unduly inhibiting the advantages of modern building techniques and planning for residential, commercial or industrial purposes. The criteria upon which planned development districts shall be judged and approved will include the development of sound housing for persons of low, moderate and high income levels, residential developments which provide a mix of housing styles and costs, creative approaches in the development of land, more efficient and desirable use of open area, variety in the physical development pattern of the city and utilization of advances in technology which are innovative to land development.", "history": "(Ord. 716 § 1)" }, { "guid": "44651982", "number": "§ 40.22.020", "title": "Applicability.", "text": "The planned development (P-D) district shall be applied to parcels of land of any size which are deemed suitable for the proposed development. Any such proposed development shall be in conformity with the general plan and any applicable specific plan and the requirements of this chapter as they relate to land use designated in the general plan.", "history": "(Ord. 716 § 1)" }, { "guid": "44651983", "number": "§ 40.22.030", "title": "Regulations established.", "text": "The specific regulations and the general rules set forth in this article shall apply in all planned development districts; provided, however, that all uses and development plans in the P-D zone shall also be subject to other provisions of this chapter; except, that where conflict in regulations occurs, the regulations specified in this article shall prevail.", "history": "(Ord. 716 § 1)" }, { "guid": "44651984", "number": "§ 40.22.040", "title": "Initiation of zone change.", "text": "An application for a zoning amendment under this article may be initiated in accordance with Section 40.36.020 by the city council, planning commission or one or more of the property owners.", "history": "(Ord. 716 § 1)" }, { "guid": "44651985", "number": "§ 40.22.050", "title": "Procedure for applying for district generally.", "text": "(a) Application for a planned development district (hereinafter sometimes referred to as P-D) shall be submitted as two separate applications as provided in this article. Such applications are described as the preliminary application and the final application. Except as otherwise provided in this article, an application for a P-D zone shall be treated as any other amendment to this chapter.(b) When an application for a planned development district is initiated by the city council and/or the planning commission, the following criteria shall apply:(1) The processing of zoning amendments by the city council and/or planning commission shall be treated as if the application has been filed with the community development and sustainability department by the property owner.(2) The preliminary development plan shall designate land use classifications, development densities and street circulation patterns. Other data required for a preliminary application hereinafter described may be included. Such data normally will be developed in cooperation with the landowner.(3) No fee shall be charged for applications initiated by the city council or planning commission.", "history": "(Ord. 716 § 1)" }, { "guid": "44651991", "number": "§ 40.22.060", "title": "Contents and approval of preliminary application.", "text": "(a) An application for a planned development district shall include a preliminary development plan which, if approved by the city council, shall become a part of the zoning map of the city. The preliminary application shall contain the following basic information; where applicable; provided, that the planning commission or city council may require such additional information as is deemed reasonably necessary to properly interpret and evaluate such application:(1) Topography of the land and contour intervals and all existing natural features of the land.(2) Proposed street layout and lot design, off-street parking and loading zones. This should include proposed circulation of vehicles, goods, pedestrians and bicycles. Any special engineering features and traffic regulation devices needed for public safety shall be shown.(3) Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or semipublic buildings and other such uses.(4) Land uses proposed for the zone.(5) An enumeration of anticipated differences between zoning ordinance standards and the proposed plan.(6) A detailed calculation of density. The calculation shall be made by dividing the number of net acres into the total number of units. Net acres is defined as all that land within the subject parcel, excluding all public and private streets, neighborhood parks and public greenbelts.(7) A variety of well designed dwelling and building types is encouraged. Residential lot sizes for proposed single-family detached dwelling units may be reduced to less than the standards for conventional zoning if drawings are submitted which show that the relationship of interior and exterior living or working area is desirable and adequate.(8) Preliminary elevations and/or perspective drawings of all proposed structures. Such drawings need not be detailed. The purpose of such drawings is to indicate with reasonable clarity the height of proposed buildings and the general appearance of the structures.(9) A preliminary study of facilities required such as drainage, sewage and public utilities.(10) A preliminary detailed description of housing prices.(11) A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Section 37.01.020, and Sections 37.03.010, 37.03.020, and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).(b) If the city council finds that such application is in conformity with the general plan, and the intent of this article, and that the property is suitable for the proposed development, it may approve such application. If such application is not in such conformity, the application shall not be approved. Approval of a preliminary application shall not necessarily require the approval of the final application and shall not preclude revisions to the final P-D as appropriate.(c) No transfers of density shall be allowed to or from any property beyond the boundaries of the property subject to the application or contiguous master plan where appropriate.(d) Full compliance with the environmental review process should be completed no later than the time of hearing the preliminary application before the planning commission.", "history": "(Ord. 716 § 1; Ord. 2020 § 4, 2000; Ord. 2099 § 4, 2002; Ord. 2113 § 1, 2003; Ord. 2390 § 3, 2012)" }, { "guid": "44652007", "number": "§ 40.22.070", "title": "Permitted uses prior to approval of final application.", "text": "During review of applications for P-D zoning and prior to approval of a final application, no uses of the property subject to such application shall be allowed other than principal permitted uses allowed in an agricultural (A) district, or the principal uses of the property existing at the time of the planned development application. No building permit for new structures, other than accessory uses, shall be permitted during such application period.", "history": "(Ord. 716 § 1)" }, { "guid": "44652008", "number": "§ 40.22.080", "title": "Final application—Submission.", "text": "The final application may be submitted any time subsequent to approval of the preliminary application by the city council. A public hearing shall be held on the application. Notice of such hearing shall be given by sending written notice to all property owners within five hundred feet of the property for which the application has been made. Such notices shall be mailed not less than five days prior to the hearing. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.Final planned development applications which are not being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the planning commission. Final planned development applications which are being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the city council after review and recommendation by the planning commission.", "history": "(Ord. 716 § 1; Ord. 1859 § 15; Ord. 2165 § 1, 2004)" }, { "guid": "44652009", "number": "§ 40.22.090", "title": "Final application—Contents—Approval.", "text": "(a) The final application shall contain the following data and information, where applicable; provided, that the planning commission may require such additional information as is deemed reasonably necessary to properly interpret and evaluate such application:(1) Access, traffic, bicycle and pedestrian ways and easements, including location grades, widths of all streets, location and size of all utilities, drainage structures, regrading and other improvements.(2) Types and/or areas for commercial uses, off-street parking, multiple-family dwellings and other uses to be established within the district.(3) Locations of buildings on the land, including all dimensions necessary to indicate size of structure, setbacks and yard areas, including existing buildings. Relationship of buildings to nearest off-site development in all directions shall be shown.(4) Landscaping, fencing and screening.(5) Elevations and/or perspective drawings as submitted with the preliminary application.(6) Description of all open areas and a statement disclosing the means whereby such open space shall be provided for public use and preserved.(7) Statement setting forth a program for installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities and open areas.(8) Proposed tentative subdivision map or parcel map if property is proposed to be divided.(9) Description of all phases of development and estimated timing for completion of phases and total project.(10) A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Section 37.01.020, and Sections 37.03.010, 37.03.020, and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site which may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).(b) If the planning commission finds that such application is in conformity with the general plan and the intent of this article, it may approve the application. If such application is not in such conformity, the application shall not be approved.", "history": "(Ord. 716 § 1; Ord. 2020 § 5, 2000; Ord. 2099 § 5, 2002; Ord. 2390 § 3, 2012)" }, { "guid": "44652022", "number": "§ 40.22.100", "title": "Time limit on planned developments.", "text": "The approval of a final planned development plan shall become null and void if substantial construction in good faith reliance on the approval has not commenced within an eighteen-month period subsequent to such approval.Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the final P-D was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.Notwithstanding such extension, the holder of a final planned development may request tolling of the term for which the final planned development is valid due to litigation challenging the issuance of the permit. The tolling request must be submitted in writing to the director prior to the expiration of the term of the permit. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.If the owner of property in a P-D district has failed to commence substantial construction in good faith reliance on the approval, the planning commission may initiate proceedings to rezone the P-D district or amend the development plans as necessary.", "history": "(Ord. 716 § 1; Ord. 1847 § 1; Ord. 2390 § 2, 2012; Ord. 2572 § 18, 2020)" }, { "guid": "44652023", "number": "§ 40.22.110", "title": "Review and findings.", "text": "In order to grant a final planned development application, the planning commission or city council shall find that the following are true:(a) The property owner can commence substantial construction within three years from the date of the final planned development approval and intends to complete the construction within a reasonable time.(b) The proposed development conforms to the general plan and any specific plans approved for that area by the city.(c) Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood. The applicant shall demonstrate that sites for public facilities are adequate to serve the anticipated population and that standards for open space are at least equivalent to standards otherwise specified in this chapter.(d) Any industrial and research uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create an industrial or research environment of sustained desirability and stability and such development shall meet performance standards established by this chapter.(e) Any institutional, recreational and other similar nonresidential uses shall be appropriate in area, location and overall planning for the purpose proposed and surrounding area shall be protected from any adverse effects from such development.(f) The auto, bicycle and pedestrian traffic system shall be adequately designed to meet anticipated traffic and shall be so designed to provide the minimum amount of interference with each other.(g) Commercial development can be justified economically at the location proposed and that adequate commercial facilities of the types proposed will be provided.", "history": "(Ord. 716 §1; Ord. 1859 § 16; Ord. 2677, 11/4/2025)" }, { "guid": "44652031", "number": "§ 40.22.120", "title": "When deemed established—Designation on zoning map.", "text": "A P-D district shall be established as of approval of the preliminary application by the city council and shall be designated on the official zone map by the symbol \"P-D\" and by an identifying serial number. Such number shall refer to the preliminary development plans for the particular \"P-D\" zone.", "history": "(Ord. 716 § 1)" }, { "guid": "44652032", "number": "§ 40.22.130", "title": "Permitted uses.", "text": "(a) The principal permitted uses of land in a P-D district shall be any use or combination of uses shown on the approved preliminary development plan which are so arranged and designed to provide a development which is in conformity with the general plan and which is consistent with the requirements of this article.(b) Family and group day care homes as defined in Section 40.26.270.", "history": "(Ord. 716 § 1; Ord. 1198 § 5)" }, { "guid": "44652035", "number": "§ 40.22.140", "title": "Conditional uses.", "text": "Nursery schools and day care centers, subject to the provisions of Section 40.26.270", "history": "(Ord. 1377 § 7; Ord. 2677, 11/4/2025)" }, { "guid": "44652039", "number": "§ 40.22.150", "title": "Commercial residential uses in planned development zoning districts.", "text": "Commercial-residential uses within a single-family or two-family (duplex) dwellings which is situated on a planned development zoned property shall be subject to the provisions applicable to commercial-residential uses in R-1 and R-2 zones.", "history": "(Ord. 1419 § 10)" }, { "guid": "44652040", "number": "§ 40.22.160", "title": "Height, area, lot and yard requirements.", "text": "All uses in a P-D district shall conform to the height, area, lot and yard and other standards normally required for such uses, except where the total development will be improved by deviation from these standards and such deviations are identified as previously set forth herein.", "history": "(Ord. 716 § 1; Ord. 2677, 11/4/2025)" }, { "guid": "44652041", "number": "§ 40.22.170", "title": "Revisions in final planned development application.", "text": "No deviation of substance from an approved final P-D shall be permitted. Minor revisions consistent with the approved final development plans may be approved by the planning commission or city council. Revisions to final planned developments which are not being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the planning commission. Revisions to final planned developments which are being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the city council after review and recommendation by the planning commission.Such revisions may be approved only if the following findings are made:(a) The action is consistent with the intent of the general plan and zoning.(b) The action has no adverse impact upon the owners of surrounding properties.(c) The proposed use is appropriate in area, location, and overall planning for the purpose intended, and the design and development standards shall create an environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood.Any change which is determined to be a substantial change may be approved only through rezoning the property. Properties in planned development zones may also be granted variances or conditional use permits as established in Articles 40.33 and 40.30 of this chapter.For the purposes of this section, \"substantial change\" means any change in land usage, elimination, addition, or rerouting of streets, highways, or any other change materially affecting the approved plan.", "history": "(Ord. 716 § 1; Ord. 1627 § 34; Ord. 1768 § 2; Ord. 1859 § 17)" }, { "guid": "44652045", "number": "§ 40.22.180", "title": "Public hearing and notice.", "text": "The planning commission shall hold a public hearing on any proposed ordinance to rezone a property to planned development. Notice of such hearing shall be given by sending written notice to all property owners within five hundred feet of the property for which the application has been made. Such notices shall be mailed not less than twenty days prior to the hearing. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.", "history": "(Ord. 1329 § 2; Ord. 1859 § 18; Ord. 2165 § 2, 2004; Ord. 2677, 11/4/2025)" }, { "guid": "44652046", "number": "§ 40.22.190", "title": "Revocation.", "text": "(a) In the event of a violation of any of the provisions of zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after public notice and hearing, revoke any final planned development. In case of revocation of a final planned development, the determination of the planning commission shall become final fifteen days after the date of decision unless appealed to the city council.(b) Procedures used in considering a revocation of a final planned development shall be consistent with those of granting a final planned development as detailed in Section 40.30.010 et seq.,", "history": "(Ord. 1329 § 4)" }, { "guid": "44652049", "number": "§ 40.22.200", "title": "Effect of appeal on tentative subdivision map.", "text": "If a final planned development application is processed concurrently with a tentative subdivision map either with four or less parcels or five or more parcels and action on such map is appealed, the final planned development application action shall automatically be considered appealed. The appeal of both items shall be heard concurrently.", "history": "(Ord. 1416 § 1; Ord. 1507 § 4)" }, { "guid": "44652050", "number": "§ 40.22.210", "title": "Applicability of amendment.", "text": "Any amendment to designate a land use as either permitted or conditional in a standard zone within Chapter 40, shall also be applicable to an adopted planned development with the same standard zone. No formal amendment to the planned development shall be required unless said land use designation was purposefully placed by the city council and the land use designation was not as the standard zone was written at the time the planned development was originally adopted.", "history": "(Ord. 2572 § 18, 2020)" } ] }, { "guid": "44652051", "title": "HISTORICAL RESOURCES MANAGEMENT", "number": "40.23", "url": "https://ecode360.com/44652051", "sha256": "fca4ce5db5e67b7d8664e8432b318abdc2bd5dd3f1f79b1057655dfa9363d2c7", "exportedArticleSha256": "7dffaf61317a747270253e85ec71e04ce5c78063b64919241121e8aad5e84da9", "sections": [ { "guid": "44652052", "number": "§ 40.23.010", "title": "Purpose.", "text": "The purpose of this article is to promote the general welfare by providing for the identification, designation, protection, enhancement, perpetuation, and use of historical resources including improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage for the following reasons:(a) To encourage public knowledge, understanding, appreciation, and use of the city's past;(b) To foster civic pride in the beauty and character of the city and in the accomplishments of its past;(c) To enhance the visual character of the city by encouraging new design and construction that complement the city's historical resources;(d) To increase the economic benefits of historic preservation to the city and its inhabitants;(e) To protect property values within the city;(f) To identify as early as possible and resolve conflicts between the preservation of historical resources/districts and alternative land uses; and(g) To conserve valuable material and energy resources by ongoing use and maintenance of the existing built and natural environment.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652060", "number": "§ 40.23.020", "title": "Applicability.", "text": "(a) The Historical Resources Management Ordinance shall be applied to the Davis Register of Historical Resources (landmarks, merit resources, and historic districts), as defined and designated by this article.(b) A property that has been designated a historical resource shall continue to be subject to all zoning ordinances that would apply to such property if it were not so designated or located. By designating historical resources the city council shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it applies to the designated property.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652063", "number": "§ 40.23.030", "title": "Definitions.", "text": "For the purpose of this article the following words shall have the meanings respectively ascribed to them by this section.Alterationmeans any exterior change or modification, through public or private action, of any designated historical resource which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; new construction; relocation of structures onto, off of, or within a designated property or site; or other changes to the property or site affecting the significant historical or architectural features of the designated historical resource.California Environmental Quality Act (CEQA)means the California Public Resources Code Section 21000 et seq., and its related guidelines as it may be amended.California Historical Building Code (CHBC)means the most recent version of the California Building Code that regulates alterations to qualified historic structures. The code provides alterative building regulations for the rehabilitation, preservation, restoration or relocation of qualified resources.Certificate of appropriatenessmeans a certificate whose issuance is approved by the historical resources management commission or upon appeal by the city council and which authorizes its recipient to make specified and approved exterior alterations to a Davis Register designated historical resource.Certified Local Government (CLG)means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended, pursuant to Section 101(c) of that Act and the regulations adopted under the Act, which are set forth in Part 61 of Title 36 of the Code of Federal Regulations (CFR).Character defining featuremeans the architectural features of a building, structure, or object that help convey the significance of the historical resource and which were present during the period of significance.Commissionmeans the historical resources management commission established pursuant to the provisions of this article.Conservation overlay zoning district.Conservation overlay districts support planning policy stipulating that new development and renovation of existing buildings should respect the traditional scale and character found within a defined area. conservation overlay zoning districts are designated under this chapter and are not included in the Davis Register of Historical Resources. However, individual buildings within a conservation overlay district may be designated landmarks or merit resources.Cultural landscapemeans a geographic area (including both cultural and natural resources) associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values There are four general types of cultural landscapes, not mutually exclusive: historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic landscapes.Cultural resources inventorymeans an inventory of properties surveyed using the State of California Department of Parks and Recreation survey forms. An inventory is an organized compilation of information about historical resources.Davis Register of Historical Resourcesmeans the register of designated landmarks. merit resources, historic districts and district contributors within the City of Davis. These resources meet the definition of a historical resource under CEQA. Any alteration to these resources shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties.Demolitionmeans for the purpose of this article, any act or failure to act that destroys, removes, or relocates, in whole or in part a historical resource such that its historic character and significance is materially altered.Demolition/relocation certificatemeans a certificate whose issuance is approved by the historical resources management commission or upon appeal by the city council and which authorizes its recipient to demolish, remove, or relocate a designated historical resource.Design guidelines for the purposes of this articlemeans a set of standards guiding appropriate treatments to historical resources and appropriate new construction within or in the vicinity of a historic or conservation district.District planmeans the documentation, planning, and guiding document for a designated historic district and adopted by the historical resources management commission in accordance with the provisions of this article. District plans identify the district contributors and non-contributors to which these provisions apply.Exterior architectural featuremeans the architectural elements embodying style, design, general arrangement, and components of all the outer surfaces of an improvement, including, but not limited to, the architectural style, design, arrangement, massing, texture, painted and unpainted surfaces and materials.Historical resourcemeans improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to citizens of the City of Davis and designated as landmarks, merit resources, or historic districts by the city council pursuant to the provisions of this article. These designated resources comprise the Davis Register of Historical Resources.Historic districtmeans a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. A district derives its importance from being a unified entity, even though it is often composed of a wide variety of resources. The identity of a historic district results from the interrelationship of its resources, which can convey a visual sense of the overall historic environment or be an arrangement of historically or functionally related properties. Designated historic districts are included in the Davis Register of Historic Resources. Historic districts can include historical resources that may be individually designated as landmarks or merit resources.Historic district boundarymeans the definable geographic area that can be distinguished from surrounding properties by changes such as density, scale, type, age, style of sites, buildings, structures, and objects, or by documented differences in patterns of historic development or associations. Historic or conservation overlay district boundaries must be based upon a shared relationship among the properties constituting the district.Historic district contributormeans a building, site, structure, object, or cultural landscape identified in the historic district plan that possesses sufficient integrity to add to the historic architectural qualities, historic associations or patterns for which an historic district is significant.Historic district non-contributormeans a building, site, structure, object, or cultural landscape identified in the historic district plan that does not add to the historic architectural qualities, historic association or patterns for which an historic district is significant.Improvementmeans any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property or any part of such feature.Integritymeans the ability of an historical resource to convey its significance. To be considered an historical resource, a property must not only be significant under the appropriate criteria, but it must also retain a majority of the following aspects of integrity including location, design, setting, materials, workmanship, feeling and association.Landmarkmeans buildings structures, objects, signs, features, sites, places, areas, cultural landscapes or other improvements of the highest scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to the citizens of the City of Davis and designated as such by the city council pursuant to the provisions of this article. A landmark is deemed to be so important to the historical and architectural fabric of the community that its loss would be deemed a major loss to the community. Once designated, landmarks are included in the Davis Register of Historical Resources. Landmarks were formerly designated as \"outstanding historical resources.\"Merit resourcemeans buildings, structures, objects, signs, features, sites, places, areas, cultural landscapes or other improvements with scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to the citizens of the City of Davis and designated as such by the city council pursuant to the provisions of the article. Once designated, merit resources are included in the Davis Register. Merit resources were formerly designated as \"historical resources.\"Minor improvement permitmeans an over-the-counter approval for ordinary maintenance and repair of exterior features at or on Davis Register of Historical Resources.Objectmeans those constructions that are distinguished from buildings and structures that are primarily artistic in nature or are relatively small in scale and simply constructed. Although they may be, by nature or design, movable, objects are associated with a specific setting or environment.Ordinary maintenance and repairmeans any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to the exterior feature of any structure or property or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration or damage.Period of significancemeans the length of time that a property was associated with important events, activities, or persons, or attained the characteristics that qualify it for designation.Relocationmeans the removal of an historical resource from its original site to a new site.Secretary of the Interior's Standards for the Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring and reconstruction historic buildings, as they may be amended,means the standards set forward by the National Park Service and the Secretary of the Interior that guide treatment of historic properties (36 CFR Part 68 July 1995 Federal Register Vol. 60 133).State of California Department of Parks and Recreation (DPR) survey formsmeans the current official State of California forms completed by either the historic preservation commission or other interested individuals that contains information about an historical resource.", "history": "(Ord. 1270 § 2; Ord. 1314 § 1; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652096", "number": "§ 40.23.040", "title": "Historical resources management commission.", "text": "(a) Established. A historical resources management commission of the city is hereby established.(b) Membership of commission. The members of the commission shall include persons who have demonstrated special interest, competence, experience or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or other historic preservation-related discipline. Members may also include persons with professional qualifications in such fields as architecture, history, architectural history, prehistoric and historic archaeology, urban planning, law, real estate, folklore, museum curation, conservation and landscape architecture or related disciplines, to the extent such professionals are available in the community. All members must have demonstrated interest in and knowledge of the cultural heritage of the city and shall be residents of the city.(c) Appointments of members. The membership of the historical resources management commission shall consist of seven regular members and one alternate member appointed by the city council. All such appointments shall be by vote of not less than three councilmembers. The alternate member of the historical resources management commission shall vote only upon one or more of the following conditions:(1) Absence of one or more of the regular members of the commission; or(2) Disqualification of a regular member of the commission because of an expressed conflict of interest.(d) Term of office of members. Standards for terms of office of all members shall be as provided in Section 2.16.010 of the Davis Municipal Code. Each member shall serve at the pleasure of the city council until his or her successor is appointed and qualified. No member, including alternate, shall serve more than eight successive years.(e) Vacancy. Vacancies on the commission, from whatever cause, shall be filled by the city council by vote of not less than three councilmembers. Time served to fill an unexpired portion of a term shall not be included in the eight-year limitation set forth in Section 2.16.010(d).(f) Automatic termination of appointment. The appointment of any member of the commission who has been absent from three consecutive regular or special meetings, without the prior approval of the commission chairperson, shall automatically terminate.(g) Chairperson of the commission. The commission shall elect a chairperson from its members, who shall hold office for one year, or until his or her successor is elected, unless his or her term as a member of the commission expires sooner. The chairperson shall be elected at the first meeting of the commission after July 1st of each year.(h) Meetings of the commission. The commission shall establish a regular time and place of meeting and shall hold at least one regular meeting each three months. Special meetings of the commission may be called at any time by the chairperson, or by not more than or less than three members of the commission, upon personal notice being given to all members of the commission. If personal notice cannot be given, written notice must be mailed to all members at least twenty-four hours prior to said meeting, unless said notice requirement is waived in writing by said member prior to the meeting or by being present at the meeting. Meetings of the commission shall be held, and notice given, in conformance with California Government Code Sections 54951.1 through 54961 (the Ralph M. Brown Act).(i) Organization and procedure. The commission may make and alter all rules and regulations governing its organization and procedure not inconsistent with this article, the laws of the State of California, or any other ordinance of the city. Four of the seven members shall constitute a quorum. The affirmative vote of a majority of the members present and voting is required to take any action. The commission shall keep an accurate record of its proceedings and transactions and shall submit an annual report to the city council.(j) Professional staff to the historical resources management commission. The director shall appoint an officer or employee of the city who shall act as secretary and professional staff to the commission.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2107 § 5, 2003; Ord. 2124 § 1, 2003; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652109", "number": "§ 40.23.050", "title": "Powers and duties.", "text": "The historical resources management commission shall have the following powers and duties under this article:(a) Act in an advisory capacity to the city council in all matters pertaining to all types of designated historical resources;(b) Maintain a local cultural resources inventory of all types of historical resources within the city; publicize and update periodically the inventory;(c) Work with city historical resources management commission staff and the State Historic Preservation Office to administer the Certified Local Government program;(d) Recommend the designation of all types of historical resources, as hereinafter provided;(e) Recommend standards to be adopted by the city council, to be used by the commission in the review of applications for certificate of appropriateness;(f) Hear and render judgment on applications for certificate of appropriateness, as hereinafter provided; approve or deny issuance of certificate of appropriateness;(g) Hear and render judgment on applications for demolition certificate, as hereinafter provided; approve or deny issuance of demolition certificate;(h) Review new construction, significant exterior renovations, and demolitions within the boundaries of designated historic districts;(i) Perform advisory review of new construction, significant renovation projects, and demolitions within three hundred feet of designated individual landmarks and merit resources, except that projects located within the downtown zones (as identified in Section 40.13.080) that are within three hundred feet of a designated individual landmark or merit resource shall not be subject to advisory review by the historic resources management commission. Projects within the downtown zones (as identified in Section 40.13.080) that are within three hundred feet of a designated individual landmark or merit resource located outside of the boundaries of the downtown zones shall also not be subject to advisory review by the historic resources management commission;(j) Perform advisory review of new construction, significant renovation projects, and demolitions within adopted conservation overlay districts;(k) Work with commission staff and outside consultants as needed to develop policy documents for historic and conservation districts;(l) Investigate and report to the city council on the use of various federal, state, local, or private funding sources, incentives and other mechanisms available to promote historical preservation in the city;(m) Review and comment on the decisions and documents including environmental assessments under the California Environmental Quality Act, the National Environmental Policy Act, Section 106 of the National Historic Preservation Act, environmental impact reports, and environmental impact statements of other public agencies and private projects when such decisions or documents may affect any type of designated historical resources or potential historical resources in the city;(n) Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic preservation and request and receive any appropriate information from any city departments or commissions;(o) Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to all types of historical resources;(p) Render advice and guidance upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any designated historical resource;(q) Provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register of Historic Places and the California Register of Historical Resources;(r) The historical resources management commission is hereby given the authority to delegate certain minor projects to the commission staff for any advisory review and for certificate of appropriateness review and approval or denial. The historical resources management commission shall establish guidelines for such projects to be reviewed by commission staff. Appeals of commission staff decisions shall follow the procedures established in Article 40.39 of this chapter; and(s) Perform other functions that may be designated by resolution or motion of the city council.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003; Ord. 2637, 1/17/2023)" }, { "guid": "44652129", "number": "§ 40.23.060", "title": "Davis Register of Historical Resources designation criteria.", "text": "(a) Landmarks. Upon the recommendation of the historical resources management commission and approval of the city council a historical resource may be designated a landmark if the resource meets any of the following four criteria at the local, state, or national level of significance and retains a high level of historic integrity as defined by this article.(1) Associated with events that have made a significant contribution to the broad patterns in the history of Davis, California, or the nation; or(2) Associated with the lives of significant persons in the history of Davis, California, or the nation; or(3) Embodies the distinctive characteristics of a type, period, architectural style or method of construction; or that represents the work of a master designer; or that possesses high artistic values; or that represents a significant and distinguishable entity whose components may lack individual distinction; or(4) Has yielded or may likely yield archaeological or anthropological information important in the study of history, prehistory, or human culture.(b) Landmark factors to be considered. In determining whether to designate a resource a landmark, the following factors should be considered, if applicable:(1) A resource moved from its original location may be designated a landmark if it is significant primarily for its architectural value or it is one of the most important surviving structures associated with an important person or historic event.(2) A birthplace or grave may be designated a landmark if it is that of a historical figure of outstanding importance within the history of Davis, the state or the nation and there are no other appropriate sites or resources directly associated with his or her life or achievements.(3) A reconstructed building may be designated a landmark if the reconstruction is historically accurate and is based on sounds historical documentation, is executed in a suitable environment, and if no other original structure survives that has the same historical association.(4) A resource achieving significance within the past fifty years may be designated a landmark if the resource is of exceptional importance within the history of Davis, the state or the nation.(c) Merit resources. Upon the recommendation of the historical resources management commission and approval of the city council a historical resource may be designated a merit resource if the resource meets one of the following four criteria at the local level of significance and possesses historic integrity as defined under this article:(1) Associated with events that have made a significant contribution to the broad patterns in the history of Davis; or(2) Associated with the lives of significant persons in the history of Davis; or(3) Embodies the distinctive characteristics of a type, period, architectural style or method of construction; or that represent the work of a master designer; or that possess high artistic values; or that represents a significant and distinguishable entity whose components may lack individual distinction; or(4) Has yielded or may likely yield archaeological or anthropological information important in the study of history, prehistory, or human culture.(d) Merit resources factors to be considered. In determining whether to designate a resource a merit resource, the following factors should be considered, if applicable:(1) A resource moved from its original location may be designated a merit resource if it is significant for its architectural value or if an understanding of the associated important person or historic event has not been impaired by the relocation.(2) A birthplace or grave may be designated a merit resource if it is that of an historical figure of outstanding importance within the history of Davis and there are no other appropriate sites or resources directly associated with his or her life or achievements.(3) A reconstructed building may be designated a merit resource if the reconstruction is historically accurate and is based on sound historical documentation, is executed in a suitable environment, and if no other original structure survives that has the same historical association.(4) A resource achieving significance within the past fifty years may be designated a merit resource if it is of exceptional importance within the history of Davis.(e) Historic districts. Upon the recommendation of the historical resources management commission and approval of the city council a group of historical resources may be designated an historic district if the district meets any of the following significance criteria:(1) Associated with events that have made a significant contribution to the broad patterns in the history of Davis, California, or the nation; or(2) Associated with the lives of significant persons in the history of Davis, California, or the nation; or(3) Embodies the distinctive characteristics of a type, period, architectural style or method of construction; or that represent the work of a master designer; or that possess high artistic values; or that represents a significant and distinguishable entity whose components may lack individual distinction; or(4) Has yielded or may likely yield archaeological or anthropological information important in the study of history, prehistory, or human culture.(f) Historic district factors to be considered. In determining whether to designate a group of resources as an historic district, the following factors should be considered, if applicable:(1) To be designated an historic district a grouping of historical resources must meet one of the above four criteria at the local, state, or national level of significance and the majority of the historic district contributors must retain historic integrity. The collective value of the district contributors may be greater than the individual resources within the historic district;(2) An historic district plan shall be developed and reviewed by the historical resources management commission simultaneously with designation. The historic district plan shall provide standards for review within that particular district to ensure that new development, renovation, and rehabilitation are compatible and complementary to the prevalent character-defining features, architectural style, historic context, and design elements within the historic district;(3) The historic district contributors are identified in the designation materials and the district plan including buildings, sites, structures, objects, or cultural landscapes that add to the historic architectural qualities, historic associations or patterns for which an historic district is significant and that are located within the district boundaries;(4) The historic district non-contributors are identified in the designation materials and the district plan including buildings, sites, structures, objects and landscapes within the district boundaries that do not add to the historic architectural qualities, historic association or patterns for which the historic district is significant;(5) The historic district boundaries and period of significance are identified in the designation materials and the district plan.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652161", "number": "§ 40.23.070", "title": "Designation process.", "text": "Historical resources shall be designated by the city council upon the recommendation of the historical resources management commission in the following manner:(a) Initiation of designation landmarks and merit resources. Designation of landmarks and merit resources may be initiated by the historical resources management commission, by any resident of Davis, or by the owner of the property that is proposed for designation. All applications must be accompanied by adequate historical and architectural information such that the commission can render an informed recommendation concerning the application. All applications for landmarks and merit resources should include the most recent version of the appropriate State of California Department of Parks and Recreation (DPR) 523 A-L series survey form completed according to the state's instructions for recording historical resources; current and historical photographs, if available, of the resource(s); and current owner and parcel number.(b) Initiation of designation of historic districts. Designation of historic districts may be initiated by the historical resources management commission, by any resident of Davis, or by any property owner proposed for designation. All applications must be accompanied by adequate historical and architectural information such that the commission can render an informed recommendation concerning the application. All application should include the most recent version of the appropriate State of California Department of Parks and Recreation (DPR) survey forms completed according to the state's instructions for recording historical resources; current and historical photographs, if available, of the resource(s); current owner and parcel number for all property within the district; a list of proposed contributors and non-contributors as well as a map identifying these resources and the ascribed boundary; and a district management plan developed in conjunction with commission staff with public input.(c) Public hearing. The commission shall schedule a public hearing on all proposed designations, whether originating with the commission or with another party. The public hearing shall be held within forty-five days of the director's receipt of a complete application, except in the case of designations being considered for potential historical resources as provided for in Section 40.23.120(b) of this article, in which case the hearing shall be held within thirty days of receipt of a complete application. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.(d) Designation list. The commission shall publish and transmit to all interested parties a list of proposed designations, and shall disseminate any relevant public information concerning the potential historical resources contained therein.(e) Stay of work. While the commission's public hearing on designation or the city council's decision on an appeal of a designation is pending a stay of work shall be automatically in place. During the stay of work moratorium, any work that would require a certificate of appropriateness or a demolition certificate if the improvement were already designated an historical resource or if it were already located in an historic or conservation overlay district shall not be carried out. The stay of work will end upon the earlier of the commission's decision to deny the proposed designation if no appeal is filed, the city council's decision to introduce an ordinance to approve in whole, in part or deny in its entirety the proposed designation, or ninety calendar days from the date of commencement of the stay of work.(f) Landmark and merit resource designation notice of public hearing. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken. The commission and city council may also give other notice as they may deem desirable and practicable.(g) Historic district notice. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken. Notices of the public hearing shall be posted in at least five highly visible locations within the historic district boundaries.(h) Commission recommendations. The commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the city council, setting forth the reasons for the decision. The recommendation will be submitted to city council after the public hearing, but in no event more than forty-five days of the director's receipt of a complete application, except in the case of designations being considered for potential historical resources as provided for in Section 40.23.120(b) of this article, in which case the recommendation shall be submitted within thirty days of receipt of a complete application.(i) Approval of commission recommendations. The city council, within forty-five days of receipt of the commission's recommendations concerning proposed designations, shall introduce an ordinance to approve the recommendations in whole or in part, or shall by motion disapprove them in their entirety, except in the case of designations being considered for potential historical resources as provided for in Section 40.23.120(b) of this article, in which case the city council shall have thirty days to introduce an ordinance to approve in whole or in part or by motion disapprove in its entirety. If the city council approves a proposed designation, notice of the city council's decision shall be sent to applicants and owners of a designated property. Notice shall also be sent to the building official and to the commission staff.(j) Appeals process. Any failure by the historical resources management commission to recommend a designation, either by action or absence of action, may be appealed to the city council following the procedures established in Article 40.35 of this chapter.(k) Amendment or rescission. The commission and the city council may amend or rescind the designation of landmarks, merit resources, historic districts, list of historic district contributors and other elements of historic district plans as deemed necessary by the commission and in the same manner and procedure as are followed for designation.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652173", "number": "§ 40.23.080", "title": "Certificate of appropriateness.", "text": "(a) No exterior alterations shall be made by any person to any type of designated historical resource, including landmarks, merit resources, and historic district contributors without a certificate of appropriateness approved by the historical resources management commission or on appeal by the city council, nor shall the building official or planning commission grant any permit to carry out such work on any type of designated historical resource without the prior issuance of a certificate of appropriateness.(b) The historical resources management commission is hereby given the authority to delegate certain minor projects involving Davis Register resources to the commission staff for review and approval or denial. The historical resources management commission shall establish guidelines for such projects to be reviewed by commission staff. Appeals of commission staff decisions shall follow the procedures established in Article 40.37 of this chapter.", "history": "(Ord. 1270 § 2; Ord. 1375 § 1; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652176", "number": "§ 40.23.090", "title": "Certificate of appropriateness standards of review.", "text": "The historical resources management commission shall promulgate and publish such standards as are necessary to supplement the provisions of this article to inform property owners, tenants and the general public of those standards of review by which applications for certificates of appropriateness are to be judged. Any such standards shall be approved by the city council. In evaluating applications for certificates of appropriateness, the commission or the city council upon appeal shall consider the architectural style, design, arrangement, massing, texture, painted and unpainted surfaces, materials, and any other factors. The proposed work shall not adversely impact character-defining features that date to the resource's period of significance.(a) Landmarks. The commission or the city council upon appeal shall approve the issuance of a certificate of appropriateness for any proposed work to a landmark if it finds:(1) The proposed work does not result in substantial adverse change in the significance of the resource or its exterior character-defining features, and(2) The proposed project complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and(3) The proposed work, if proposed for an individual landmark located within the boundaries of a designated historic or conservation overlay district, shall be consistent with, and supportive of the goals and policies of the adopted district plan.(b) Merit resources. The commission or the city council upon appeal shall approve the issuance of a certificate of appropriateness for any proposed work to a merit resource if it finds:(1) The proposed work does not result in substantial adverse change in the significance of the resource or its major exterior character-defining features; and(2) The proposed project generally complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and(3) The proposed work, if proposed for an individual merit resource located within the boundaries of a designated historic or conservation overlay district, shall be consistent with, and supportive of the goals and policies of the adopted district plan.(c) Historic districts. The commission or the city council upon appeal shall approve the issuance of a certificate of appropriateness for any proposed work to an historic district contributor if it finds:(1) The proposed work does not result in a substantial adverse change on the significance of the resource or its major exterior character defining features, nor a substantial adverse change on the character or historical, architectural, or aesthetic interest or value of the historic district as a whole; and(2) The proposed project generally complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties; and(3) The proposed project is consistent with, and supportive of the goals and policies of the adopted district plan.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652189", "number": "§ 40.23.100", "title": "Certificate of appropriateness procedures.", "text": "(a) Filing of application. Applications for a certificate of appropriateness for work to be performed on landmarks, merit resources, and historic district contributors shall be filed with the commission staff to the commission for processing. Applications shall include, but not be limited to, photographs, plans, elevations, sections, renderings, materials information, and specifications, as necessary to illustrate both the current or existing conditions and the proposed exterior alterations. Where required by the commission, applications shall also show the relationship of the proposed work to the environs. In the case of new construction in historic districts or on parcels containing designated historic resources, the new structure's relationship to the surrounding established context shall be conveyed in the application including, but not limited to, height, scale, massing, set back, and materials. The application shall be accompanied by any other information that the commission determines is required for them to make an informed judgment of the proposed work according to the standards of review in Section 40.23.090.(b) Administrative approvals. The purpose of the administrative approval process is to allow efficient processing of routine or non-contentious applications while providing sufficient opportunities for public review.(1) Applicability. The administrative approval process shall be applied when the commission staff is authorized to approve an application, such as for minor modifications or site plan and architectural approval. The commission staff shall determine, based on the merits of the proposal, whether an application shall be approved administratively or scheduled for a public hearing before historical resources management commission.(2) Public Notice. Prior to taking action on an administrative approval, the commission staff shall provide notice through a mailing to all owners of real property as shown on current property tax roles within a minimum of five hundred feet of the subject property. At the discretion of the commission staff, based on public interest in the project, the scope of notice, including property owner radius, may be expanded.(3) Comment Period. The commission staff shall provide a comment period of no less than ten calendar days prior to taking action on an administrative approval, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the commission staff. If the commission staff receives substantive comments or information that establishes that the application should not be approved administratively, the commission staff shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the historical resources management commission to consider the application.(4) Appeals to Historical Resources Management Commission. Any determination of the commission staff with respect to an administrative approval application may be appealed to the historical resources management commission upon submittal to the city of an appeal application, accompanied by the fee established by resolution of the city council. In the absence of an appeal application being filed within ten days after the determination of the commission staff, such determination is final.(c) Public hearing. The staff to the commission or the historical resources management commission shall set a public hearing to review the certificate of appropriateness application for all applications not eligible for administrative review, or referred by commission staff or appealed in accordance with administrative review procedures as described above. If a public hearing is scheduled before the commission, it shall be held not more than sixty days from the date a complete application has been received by the staff to the commission. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken. The commission and city council may also give other notice as they may deem desirable and practicable.(d) Action by commission. Within sixty days of the filing of a complete application for a certificate of appropriateness, or thirty days after a public hearing, whichever is later, the historical resources management commission shall complete its review and make a decision. In reaching its decision, the commission may hold joint meetings or joint public hearings with other city commissions and may seek technical advice from outside its own members. The decision of the commission shall be based upon the standards of review in Section 40.23.090 and any additional standards recommended by the commission and approved by the city council. The commission shall approve an application, disapprove it, or approve it subject to conditions, specified changes, or additions. Failure of the commission to act upon any complete application within sixty days of its filing, or thirty days after public hearing, whichever applies, shall be deemed to be approval of the application. The applicant requesting approval of proposed work shall be notified in writing in advance of the hearing, and notified of the action taken. The decision shall be in writing and shall state the reasons for the decision. If the decision is to approve the application, with or without conditions, changes, or additions, the certificate of appropriateness shall be issued to the applicant by the commission staff, and a copy shall be sent to the building official. The certificate of appropriateness shall not become effective until ten days after the decision of the commission, in order to prohibit work beginning during the period in which an appeal may be filed.", "history": "(Ord. 1270 § 2; Ord. 1314 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652198", "number": "§ 40.23.110", "title": "Ordinary maintenance and repair.", "text": "Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any structure or property covered by this article, so long as such maintenance and repair does not involve a change in exterior design, material, or appearance. commission staff is authorized to develop and implement a procedure to issue over-the-counter minor improvement permits for all exterior ordinary maintenance and repair meeting the above description.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 1890 § 1; Ord. 2124, § 1, 2003)" }, { "guid": "44652199", "number": "§ 40.23.120", "title": "Demolition certificate.", "text": "(a) A demolition certificate is required for the demolition, removal, or relocation of Davis Register resources and cultural landscapes designated as landmarks, merit resources, determined by the historical resources management commission to be a resource for the purposes of California Environmental Quality Act (CEQA), and historic district contributors under this article. If the city determines further environmental review under the California Environmental Quality Act is necessary, this shall be conducted independently of the designation review under this chapter.(1) No demolition, removal, or relocation of a historical resource shall be made by any person to any type of designated Davis Register resources, without a demolition certificate approved by the historical resources management commission or on appeal by the city council, nor shall the city building official or city planning commission grant any permit to carry out such action on any type of designated historical resource without the prior issuance of a demolition certificate.(2) Relocation as Alternative to Demolition. Relocating a landmark or merit resource or historic district contributor can be an acceptable alternative to demolition if the commission can find that the relocation is compatible with the original character and use of the historical resource. The resource should retain its historic character-defining features, the project should be in compliance with the Secretary of the Interior's Standards, the new location should be compatible in orientation, setting, and general environment, and the receiving parcel should be appropriately zoned and sized for the resource.(3) A site management plan as defined under Chapter 8 of this Code and planning commission or historical resources management approval of the replacement project at the site of the demolished, relocated, or removed resource must be issued prior to issuance of any building permit by the community development and sustainability department.(4) The commission shall take steps within the scope of its powers and duties as it determines are necessary for the preservation of both designated and non-designated resources. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies, and interested citizens; recommendations for acquisition of the property by public or private bodies or agencies; recommendations for mitigation measures; and exploration of the possibility of moving potential historical resources.(b) The demolition of potential historical resources not previously designated as historical resources but identified in accordance with Article 8.19 of this chapter shall not occur without review by commission staff. Before a proposal to demolish such a structure is approved, commission staff, utilizing expert resources as necessary, shall evaluate the resource for its potential to meet criteria for historic significance as defined in this article and by the California Environmental Quality Act. If commission staff determines that further review by the historical resources management commission is warranted, then the commission staff shall provide the appropriate State of California Department of Parks and Recreation (DPR) survey forms completed according to the state's instructions for recording historical resources; current and historical photographs of the resource(s) (if available); and the current owner and parcel number. The commission will then consider the historical significance of the structure using the criteria for designation of historical resources as defined by this article.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003; Ord. 2433 § 6, 2014)" }, { "guid": "44652206", "number": "§ 40.23.130", "title": "Demolition certificate findings.", "text": "The historical resources management commission shall review and make findings regarding the appropriateness of the demolition, relocation, or removal of all Davis Register historical resources. In all cases, demolition, relocation or removal of historical resources shall be tied to a proposed project or site development as defined under Chapter 8 of this Code. Wherever applicable, the commission can require the documentation of the structure proposed for demolition, relocation, or removal with such measures as archival quality photographs or measured drawings prior to these actions.(a) Landmarks. The commission or the city council upon appeal shall approve the issuance of a demolition certificate for a designated landmark if it finds that any of the following conditions exist:(1) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article, or(2) Issues relating to hardship in accordance with Section 40.23.190 of this article, and(3) In the case where either condition (1) or (2) above has been found to exist, that the replacement project is consistent with and supportive of identified goals and policies of the general plan or applicable or specific area plans and that the proposed action will not have a significant effect on the goals and purposes of this article or the potential effect is outweighed by significant benefits of the proposed replacement project,(4) That, in the case of relocating a designated landmark resource, the historic and architectural integrity and significance of the resource would not be significantly impaired or its significance altered once relocated;(b) Merit resources. The commission or the city council upon appeal shall approve the issuance of a demolition certificate for a designated merit resource if it finds that any of the following conditions exist:(1) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article,(2) Issues relating to hardship in accordance with Section 40.23.190 of this article,(3) That in the case of relocating a designate merit resource the historic and architectural integrity and significance of the resource would not be significantly impaired or its significance altered once relocated, or(4) That the replacement project is consistent with and supportive of identified goals and policies of the general plan or applicable or specific area plans and that the proposed action will not have a significant effect on the goals and purposes of this article or the potential effect is outweighed by significant benefits of the proposed replacement project;(c) Historic district contributors. The commission or the city council upon appeal shall approve the issuance of a demolition certificate for a designated district contributor if it finds any of the following conditions exist:(1) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article,(2) Issues relating to hardship in accordance with Section 40.23.190 of this article,(3) That in the case of relocating a designated district contributor the historic and architectural integrity and significance of both the contributor and the entire district would not be significantly impaired, or(4) That the replacement project is consistent with and supportive of identified goals and policies of the general plan or applicable or specific area plans including the adopted district plan and that the proposed action will not have a significant effect on the goals and purposes of this article or the potential effect is outweighed by significant benefits of the proposed project;(d) Historic district non-contributors. The commission or the city council upon appeal shall approve the issuance of a demolition certificate for non-contributors if it finds that the replacement project is consistent with and supportive of identified goals and policies of the general plan or applicable or specific area plans, including the adopted district plan.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003; Ord. 2433 § 7, 2014)" }, { "guid": "44652223", "number": "§ 40.23.140", "title": "Demolition certificate procedures.", "text": "(a) Filing of application. Applications for a demolition certificate shall be filed with the commission staff to the commission for processing. Applications shall include, but not be limited to, existing photographs; existing plans and elevations; proposed plans, elevations, sections and renderings; materials information, photos showing the surrounding environs; and specifications; as necessary to illustrate both the current or existing conditions on the parcel(s) and the proposed new construction on the parcel(s), and information as required for environmental review. The application shall be accompanied by any other information that the commission determines is required for them to make an informed judgment of the proposed work according to the standards of review in Section 40.23.120.(b) Public hearing. The commission staff or the historical resources management commission shall set a public hearing to review the demolition certificate application. The hearing shall be held not more than sixty days from the date a complete application has been received by the commission staff. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken. The commission and city council may also give other notice as they may deem desirable and practicable. Applicant shall post notice of the public hearing at the project site for a minimum of ten days prior to the public hearing date.(c) Action by commission. Within sixty days of the filing of a complete application for a demolition certificate, or thirty days after a public hearing, whichever is later, the historical resources management commission shall complete its review and make a decision. In reaching its decision, the commission may hold joint meetings or joint public hearings with other city commissions and may seek technical advice from outside its own members. The decision of the commission shall be based upon the standards of review in Sections 40.23.120 and 40.23.130 and any additional standards recommended by the commission and approved by the city council. The commission shall approve an application, disapprove it, or approve it subject to conditions, specified changes, or additions. Failure of the commission to act upon any complete application within sixty days of its filing, or thirty days after a public hearing, whichever applies, shall result in approval of the application. The applicant requesting approval of proposed demolition shall be notified in writing in advance of the hearing, and notified of the action taken. The decision shall be in writing and shall state the reasons for the decision. If the decision is to approve the application, with or without conditions, changes, or additions, then the demolition certificate shall be issued by the commission staff to the applicant, and a copy shall be sent to the building official. The demolition certificate shall not become effective until ten days after the decision of the commission, in order to prohibit work beginning during the period in which an appeal may be filed. If commission staff, in consultation with the director, determine that environmental review is required under the California Environmental Quality Act, then approval of demolition can be considered only after all environmental documents are certified. Upon completion of the environmental review the city should file a notice of determination with the county clerk.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003; Ord. 2390 § 2, 2012; Ord. 2433 § 8, 2014; Ord. 2677, 11/4/2025)" }, { "guid": "44652227", "number": "§ 40.23.150", "title": "Appeals.", "text": "The historical resources management commission's decision to approve, disapprove, or approve subject to conditions any application for a certificate of appropriateness or a demolition certificate may be appealed, in writing, by the applicant or any resident of the city to the city council within ten calendar days. Standards for appeals and the content of notices shall be as set out for appeals in this chapter. If no appeal is filed with the city clerk within ten calendar days after the decision of the historical resources management commission, such decision is final. If the city council approves demolition, then the demolition certificate shall not become effective until ten days after the decision of the council, in order to prohibit work beginning during the period in which a judicial appeal may be filed.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652228", "number": "§ 40.23.160", "title": "Historic preservation incentives.", "text": "The historical resources management commission shall develop and maintain an incentive program to encourage historic preservation to occur, to encourage investment in historic properties, and to aid property owners with potential financial burdens. The program elements shall be made available to owners who preserve designated historical resources and, in the case of direct city expenditures, the program shall ensure that the cost of incentives is a reasonable use of public funds. Incentives such as the California Historical Building Code, the Federal Historic Preservation Tax Certification, Conservation Easements, the California Mills Act and others as deemed appropriate shall be adopted for use by the city.", "history": "(Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652229", "number": "§ 40.23.170", "title": "Unsafe or dangerous conditions.", "text": "None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official, to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, earthquake or other natural disaster, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If the condition of an unsafe or dangerous designated historical resource so permits, the official in charge of correcting such a condition shall consult with the historical resources management commission before carrying out corrective measures.", "history": "(Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652230", "number": "§ 40.23.180", "title": "Duty to keep in good repair.", "text": "The owner, lessees and any other person in actual charge or possession of a designated historical resource shall take steps necessary to prevent:(a) The substantial deterioration or decay of any exterior portion of such a resource or improvement;(b) The substantial deterioration or decay of any interior portions thereof whose maintenance is necessary to preserve any exterior portion. As used in this section, the term \"substantial deterioration or decay\" shall refer to those conditions of the structure or improvement that threaten the structural or historical integrity of the resource or improvement.", "history": "(Ord. 1270 § 2; Ord. 1784 § 1; Ord. 2124 § 1, 2003)" }, { "guid": "44652233", "number": "§ 40.23.190", "title": "Showing of extreme hardship.", "text": "If the applicant presents evidence clearly demonstrating to the satisfaction of the historical resources management commission that failure to approve the application for a certificate of appropriateness or a demolition permit will cause an extreme hardship because of conditions peculiar to the particular structure or other feature involved, the commission may approve or conditionally approve such application even though it does not meet the standards set forth in Section 40.23.090. The applicant shall bear the burden of proving the extreme hardship and shall provide substantiation of the claim as the commission may require. The commission is authorized to request that the applicant furnish additional information, documentation and expert testimony, the cost of which shall be paid by the applicant, to be considered by the commission in its related findings. All additional required information shall be provided by a qualified individual or firm selected by the city. In determining whether extreme hardship exists, the commission shall consider evidence that demonstrates:(a) Denial of the application will diminish the value of the subject property so as to leave substantially no value;(b) Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district;(c) Utilization of the property for lawful purposes is prohibited or impractical;(d) Rental at a reasonable rate of return is not feasible.", "history": "(Ord. 2124 § 1, 2003)" }, { "guid": "44652238", "number": "§ 40.23.200", "title": "Time extensions.", "text": "If any action under this article is subject to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the time in which such action must be taken shall be extended in order to allow time to comply with said Act; provided, however that such action is taken within the time limits imposed by the Permit Streamlining Act (Government Code Section 65950 et seq.).", "history": "(Ord. 2124 § 1, 2003)" }, { "guid": "44652239", "number": "§ 40.23.210", "title": "Enforcement.", "text": "Any person who violates a requirement of this article or fails to comply with a condition of approval of any certificate or permit issued pursuant to this article shall be subject to the enforcement provisions set forth in Article 40.38 of this chapter.", "history": "(Ord. 2124 § 1, 2003)" } ] }, { "guid": "44652240", "title": "PERFORMANCE STANDARDS", "number": "40.24", "url": "https://ecode360.com/44652240", "sha256": "137e904cf08c27461637526c12f2936dab93fc13fc7492ff9f4004730162e86d", "exportedArticleSha256": "fa37bec05ed11a2c360cc5f446e291da793a8489be86a54bac7306be6f87f0f4", "sections": [ { "guid": "44652241", "number": "§ 40.24.010", "title": "Applicability.", "text": "Only those uses specified in A, R-1, R-2, C-N, I-R, and I districts as subject to performance standards procedures shall comply with the provisions of this article, unless the director has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the proposed use shall comply with the performance standards procedure.", "history": "(Ord. 296 § 22.2; Ord. 1444 § 2; Ord. 1450 § 5; Ord. 1923 § 2, 1998; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652242", "number": "§ 40.24.020", "title": "Dangerous or objectionable elements prohibited.", "text": "No land or building in any zoning district shall be occupied or used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises, the foregoing are referred to as \"dangerous or objectionable elements\"; provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.", "history": "(Ord. 296 § 22.1)" }, { "guid": "44652243", "number": "§ 40.24.030", "title": "Locations where determinations to be made for enforcement.", "text": "The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent, herein referred to as \"at any point\"; provided, that the measurements necessary for enforcement of performance standards set forth in subsections (a) through (d) of Section 40.24.040, namely those measurements having to do with noise, vibration, odors or glare, shall be taken at the following points of measurement:(a) In any district except the I district: At the lot line of the establishment or use.(b) In the I district: Five hundred feet from the establishment or use, or at the boundary of the district, if closer to the establishment or use, or at any point within an adjacent district except for an I district.", "history": "(Ord. 296 § 22.5)" }, { "guid": "44652246", "number": "§ 40.24.040", "title": "Specified.", "text": "(a) Noise. At the points of measurement specified in Section 40.24.030, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table 1, after applying the corrections shown in Table 2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. The American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.TABLE 1Frequency Ranges Containing Standard Octave Bands in Cycles per SecondOctave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm220-30060300-240040above 240030If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the octave band levels given in Table 1.TABLE 2Type or Location of Operation or Character of NoiseCorrection in DecibelsDaytime operation only.5Noise source operated less than:*20% of any one hour period55% of any one hour period10Noise of impulsive character, hammering, etc.-5Noise of periodic character, hum, screech, etc.-5Property is located in one of the following zoning districts and is not within five hundred feet of any R district or an area designated for future residential development in the city master plan:*Any C or I-R district5Any A or I district10*Apply one of these corrections only.(b) Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in Section 40.24.030.(c) Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the points of measurement specified in Section 40.24.030 or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III, \"Odor Thresholds,\" in Chapter 5, \"Air Pollution Abatement Manual,\" copyright 1951, by Manufacturing Chemists' Association, Inc., of Washington, D.C. and such manual or table as subsequently amended.(d) Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at the points of measurement specified in Section 40.24.030. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection or otherwise permitted by the provisions of this chapter.(e) Fire and explosion hazards. The relevant provisions of the state and local laws and regulations shall apply.(f) Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.(g) Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954, being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines; except, that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any thirty minutes.(h) Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point. No emission shall be permitted in excess of the standards specified in Table 1, Chapter 5, \"Industrial Hygiene Standards, Maximum Allowable Concentrations,\" of the \"Air Pollution Abatement Manual,\" Copyright 1951 by Manufacturing Chemists' Association, Inc., of Washington, D.C., and such manual or table as subsequently amended. In no event shall any emission from any chimney or otherwise, of any solid or liquid particles in concentration exceeding three-tenths grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.(i) Liquid or solid wastes. The relevant provisions of state and local laws and regulations shall apply.", "history": "(Ord. 296 § 22.6)" }, { "guid": "44652256", "number": "§ 40.24.050", "title": "Use of expert consultants.", "text": "If, in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the planning commission shall so advise the applicant; thereupon, an estimate of the cost necessary to refer the application to one or more mutually satisfactory expert consultant(s), qualified to advise whether a proposed use will conform to the applicable performance standards specified in this chapter for investigation and report, shall be determined. The applicant may then abandon the application or may deposit such estimated costs as part of the application fee. If such costs are deposited, such consultant(s) shall be retained to make the required investigation and report. Such consultant(s) shall report to the planning commission as promptly as possible after his or her receipt of such application. A copy of such report shall be furnished to the applicant at the same time.", "history": "(Ord. 1444 § 3; Ord. 1923 § 3, 1998)" }, { "guid": "44652257", "number": "§ 40.24.060", "title": "Review by planning commission.", "text": "Within thirty days after the planning commission has received the report described in Section 40.24.050, or at the time that the planning commission reviews the application for the use subject to performance standards, whichever is later, the planning commission shall decide whether the proposed use will conform to the applicable performance standards, and shall use such determination as one of the criteria for determining whether to authorize issuance of the desired permit and/or require modification of the proposed plans, construction, specifications, equipment or operation.", "history": "(Ord. 1923 § 4, 1998)" }, { "guid": "44652258", "number": "§ 40.24.070", "title": "Enforcement.", "text": "(a) Even though compliance with performance standards procedure in obtaining any permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and the provisions for enforcement of continued compliance with performance standards shall be invoked by the director against any use if there are reasonable grounds to believe that performance standards are being violated by such use.(b) The director shall investigate any purported violation of performance standards and, if there is reasonable ground for same, shall commence proceedings to abate such violation. The director, to assist in such abatement proceedings, may employ qualified expert consultants. Action by the director to abate such violation may include, but shall not be limited to, commencing proceedings for revocation of permits or commencing enforcement proceedings pursuant to this Code or other remedies available by law or equity.", "history": "(Ord. 296 § 22.3; Ord. 1444 § 5; Ord. 1923 § 5, 1998; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652261", "number": "§ 40.24.080", "title": "Nonconforming standards.", "text": "Certain uses established before March 6, 1963 and nonconforming as to performance standards shall be given three years in which to conform therewith as provided in Sections 40.28.010 through 40.28.120.", "history": "(Ord. 296 § 22.4)" }, { "guid": "44652262", "number": "§ 40.24.090", "title": "Commercial residential uses. (Repealed by Ord. 1940 § 12.)", "text": "", "history": "" }, { "guid": "44652263", "number": "§ 40.24.100", "title": "Reverse vending machines.", "text": "Reverse vending machines may be located within an enclosed commercial structure. Reverse vending machines located outside an enclosed structure and treated as an accessory use shall comply with the following standards:(a) Shall be established in conjunction with a commercial use or a small recycling facility;(b) Shall not obstruct pedestrian or vehicular circulation;(c) Shall not occupy parking spaces required by the primary use;(d) Shall be constructed and maintained with durable waterproof and rust-proof material;(e) Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;(f) Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;(g) Shall be maintained in a clean, litter-free condition on a daily basis;(h) Operating hours shall be at least the operating hours of the host use;(i) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.", "history": "(Ord. 1450 § 6)" }, { "guid": "44652273", "number": "§ 40.24.110", "title": "Small collection facilities.", "text": "(a) Small collection facilities treated as an accessory use shall comply with the following standards:(1) The facility shall be subject to the review and approval of the director or designee;(2) Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes;(3) Shall be no larger than five hundred square feet, and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;(4) Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary host;(5) Shall not obstruct pedestrian or vehicular circulation;(6) Shall accept only glass, metals and plastics;(7) Shall use no power-driven processing equipment except for reverse vending machines;(8) Shall use containers that are constructed and maintained with durable waterproof and rust-proof material, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;(9) Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;(10) Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;(11) Shall comply with Chapter 24, noise regulations;(12) Facilities located within thirty feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and nine p.m. unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;(13) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;(14) Signs may be provided as follows:(A) Recycling facilities may have identification signs of sixteen square feet or less, subject to the director or designee approval, in addition to informational signs required in Section 40.24.110(a)(13),(B) Signs must be consistent with the character of the location,(C) Directional signs, bearing no advertising message, may be installed, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,(D) The director or designee may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses;(15) Shall not reduce the host site's required landscaping;(16) Shall be adequately screened and compatible design so as not to create a nuisance;(17) No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use;(18) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;(19) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.(b) Small collection facilities which accept newspapers shall be subject to a conditional use permit or a final planned development application process, whichever is appropriate.", "history": "(Ord. 1450 § 7; Ord. 1627 §§ 35—37; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652299", "number": "§ 40.24.120", "title": "Emergency shelters.", "text": "(a) No individual or household may be denied emergency shelter because of inability to pay.(b) Site plan and architectural review shall include on-site waiting and intake areas as needed, lighting, and security provisions.(c) On-site management shall be provided for the facility.(d) The emergency shelter shall be a minimum of three hundred feet apart from another emergency shelter.", "history": "(Ord. 2413 § 5, 2013; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44652304", "title": "PARKING AND LOADING AREAS, PUBLIC GARAGES AND PARKING LOTS", "number": "40.25", "url": "https://ecode360.com/44652304", "sha256": "6bfa762001a921bebd88600745151a71827d3c2b4b90f9540f38ca5de83c8245", "exportedArticleSha256": "5c40589778d449afa5ca3080dddef9a2dfbc9846b62aebd8299240251c5ee763", "sections": [ { "guid": "44652305", "number": "§ 40.25.010", "title": "Compliance with article.", "text": "New, existing or substantially altered uses shall not be required to provide off-street parking. Parking requirements for off-street parking space applicable to structures constructed prior to adoption of the ordinance codified in this article shall not be a continuing obligation of the owner of the real estate on which any such structure is located.", "history": "(Ord. 2677, 11/4/2025)" }, { "guid": "44652307", "number": "§ 40.25.020", "title": "Joint use of parking or loading space.", "text": "Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading space for two or more buildings or uses.", "history": "(Ord. 2677, 11/4/2025)" }, { "guid": "44652308", "number": "§ 40.25.030", "title": "Off-street loading spaces required.", "text": "(a) In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand square feet or more which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off street loading space.(b) Each loading space shall be not less than ten feet in width, twenty-five feet in length, and fourteen feet in height.(c) Subject to the limitations in subsection (d) of this section, such space may occupy all or any part of any required yard or court space.(d) No such space shall be located closer than fifty feet to any lot in any R district or a district designated for future residential development in the City General Plan, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight feet in height.", "history": "(Ord. 2677, 11/4/2025)" }, { "guid": "44652313", "number": "§ 40.25.040", "title": "Parking space and size.", "text": "When off street parking is provided, the facilities shall comply with the design standards from the public works department. Off-street parking spaces and maneuvering shall meet the requirements as established by the City of Davis.", "history": "(Ord. 2677, 11/4/2025)" }, { "guid": "44652322", "number": "§ 40.25.050", "title": "Location of off-street parking.", "text": "When off-street parking is provided, spaces shall meet the following requirements:(a) Off-street parking spaces, including aisles, shall be located behind the front and street side yard setback line in all residential districts when the principal use is other than a single-family or duplex dwelling.(b) For single-family and duplex dwellings, the following conditions shall be met for the parking and storage of all vehicles, materials and equipment:(1) No more than one driveway per street frontage may be extended from the edge of the public street to the property except where the total width of the street frontage is eighty feet or greater, or where a circular driveway is utilized.(2) Where adequate access is provided (minimum ten-foot sideyard), parking in the required rear yard of single-family and duplex dwellings shall be permitted if the minimum usable open space requirement is met and the total coverage, inclusive of any accessory structures and areas surfaced for parking, does not exceed thirty percent of the required rear yard area.(3) Impervious surfacing in the required front yard and/or side yard area shall be limited to forty percent, or eighteen feet in total width, whichever is greater. If concrete runners are utilized, the area between the runners shall be counted as part of the total surfacing area.(4) Areas surfaced for parking spaces shall meet minimum length and width standards for parking spaces, individually and in aggregate. For example, the minimum driveway width for two required spaces side by side on a driveway shall be eighteen feet (nine feet (minimum parking space width) times two spaces equals eighteen feet).", "history": "(Ord. 2677, 11/4/2025)" }, { "guid": "44652327", "number": "§ 40.25.060", "title": "Development and maintenance of parking areas.", "text": "The following shall be required if a parking area is provided:(a) Screening. An area with screening shrubs or a fence of acceptable design shall be required at the front yard setback line. If screening shrubs are used, any such planted area shall be served by an underground irrigation system. Such planted area shall not be surfaced in part or whole with concrete, asphalt or other surface material, but shall contain earth, and may, in addition, contain filters such as wood shavings, bark, volcanic rock or other similar mulch material.(b) Fencing. A solid fence at least six feet high is required when any surfaced area is established abutting residentially zoned property.(c) Surfacing. Any off-street parking area shall be surfaced with asphaltic or Portland cement binder pavement or compacted gravel (minimum four inches compacted base), grass-crete or other surface approved by the director, so as to provide a durable, dustless and continuous (from point of access to edge of public street) all weather surface that is appropriately structured and bordered for permanence, and shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading and unloading and parking and storage of vehicles.(d) Lighting. Lighting, if provided, shall reflect away from residential areas and public streets.(e) Use. Parking spaces, including driveways, shall be used for automobile parking only. No sales, dead storage, repair work, dismantling or servicing of any kind shall be permitted. Uncovered parking spaces for single-family and duplex dwellings located in the front yard shall not be used for, or obstructed by, storage of material, equipment or inoperable vehicles.(f) Urban Heat Island Effect.(1) If an applicant chooses to provide a parking lot, one or a combination of the following must apply to the satisfaction of the director. A property owner or applicant may also elect to change between compliance methods if there is an already existing parking area, to the satisfaction of the director:(A) Fifty percent of the paved parking area shall be shaded with tree canopies within fifteen years of securing a certificate of occupancy; development of such canopy shall be in accordance with the City of Davis Climate-Ready Tree list and the parking lot shading guidelines.(B) One tree well, measuring six feet by six feet minimum, shall be provided for every five parking stalls, including parking provided in front of buildings. The end of each row of parking stalls shall be capped by a tree well measuring a minimum of six feet by eighteen feet. Tree wells shall include structured soil. A tree shall be planted and maintained in each tree well and two trees in the end cap planters and shall be in accordance with the City of Davis Climate-Ready Tree list and the parking lot shading guidelines.(C) Solar energy structures encompassing no less than fifty percent of the paved parking area.(2) Landscaping.(A) The landscape plan and elevations submitted for review by the director or designee shall demonstrate the reasonable expected growth and shading patterns of the proposed landscaping materials. Drought resistant plantings are to be selected from the City of Davis Climate-Ready Tree list, subject to review by the director or designee. Landscaping shall be reasonably maintained.(B) Landscaping shall cover a minimum of ten percent of the site. A planter measuring no less than fifteen feet in width shall be provided along all frontages of the property. A planter measuring no less than five feet in width shall be provided along the rear and interior sides of the property.(3) Screening. Where a parking lot adjoins an R district, a solid wall or fence six feet in height shall be located on the property line, except in a required front yard. In ease case where fences are required in connection with a use in any district, such fence shall be landscaped as appropriate.", "history": "(Ord. 2677, 11/4/2025)" } ] }, { "guid": "44652403", "title": "BICYCLE PARKING STANDARDS", "number": "40.25A", "url": "https://ecode360.com/44652403", "sha256": "f51bb72c3574e92a90c0c715adede13269ac6b91c934a3dfdc685c4a02ef4b68", "exportedArticleSha256": "0606a4f2b64c708864c6f1ab2ba9d3f7ca21b4f571c4e3b449ab48ab9aa3cbb2", "sections": [ { "guid": "44652404", "number": "§ 40.25A.010", "title": "Purpose.", "text": "The purpose of this article is to establish definitions and standards for bicycle parking throughout the City of Davis.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652405", "number": "§ 40.25A.020", "title": "Applicability.", "text": "(a) The provisions of this article shall apply to:(1) All new multiple dwelling developments, nonresidential developments, community facilities and commercial uses set forth in the provisions of this article requiring planning approval or a building permit.(2) Existing developments that involve a change in use (e.g. from retail to quick serve restaurant, or residential to office) requiring planning approval or a building permit.(3) Existing developments that involve expansion, intensification, addition or any other changes to the site requiring planning approval or a building permit.(b) The provisions of this article do not apply to single-family residences and duplexes.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652411", "number": "§ 40.25A.030", "title": "Definitions.", "text": "The terms in this article have the meanings set forth below:Alternative compliance.The determination that the prescribed bicycle parking standard per land use type is not warranted for a particular project because of the use or location and that an adjustment to the standard for the project is necessary, based on the considerations established for alternative compliance.Bicycle parking space.The volume of space that is used to accommodate the storage of one locked bicycle. Bicycle parking spaces are to be designed and spaced in a way that accommodates for typical two-wheel bicycles and alternative bicycles.Alternative bicycle.Nontraditional bicycles with larger parking space requirements, including but not limited to, cargo bikes, bikes with trailers, recumbent bikes, etc.Long term bicycle parking.Bicycle parking spaces intended to be used for periods of time that are longer than two hours and are targeted to residents, employees and other long term users. Long term bicycle parking typically offers increased levels of security in lit, covered, and permanently anchored locations, which are proximate to employee or resident locations/entrances. Long term bicycle parking may be accompanied or used in conjunction with storage lockers, locked rooms or enclosures, and parking areas internal to the building.Short term bicycle parking.Bicycle parking spaces intended to be used for periods of time that are two hours or less and are targeted to visitors, customers and other short term users. Short term bicycle parking racks shall provide two points of contact for a bicycle, allow for locking of the frame to the rack, and be securely anchored to the ground or wall. Short term bicycle parking shall be in a visible location, as near as possible to entrances.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652417", "number": "§ 40.25A.040", "title": "Bicycle parking standards.", "text": "(a) This article establishes bicycle parking standards as follows, except as further noted:City of Davis Bicycle Parking StandardsLand UsesExamplesStandard(sf = gross sq. ft.)Short Term ParkingLong Term ParkingResidential - group livingFraternity, sorority, co-op housing1 per bed25%75%Residential - multifamilyApartments, condominiums1 per bedroom25%75%LodgingHotel, motel1 per 10 guest rooms50%50%Restaurant – quick serveDeli, coffee shop, bar1 per 150 sf75%25%Restaurant – sit downRestaurant1 per 500 sf75%25%Retail, general commercialGrocery store, hardware, furniture1 per 1000 sf75%25%Commercial servicesGarden supply, appliance stores, auto repair, auto dealership (office/showroom)1 per 1000 sf75%25%OfficeProfessional, medical, dental, government, clinic, bank1 per 1,500 sf75%25%Shopping centerMix of personal services, retail, restaurants, offices1 per 1,750 sf75%25%InstitutionalSchools, day care1 per 2,500 sf75%25%Light industrialR&D, business park1 per 2,000 sf25%75%IndustrialWarehouse, manufacturing, hospital1 per 7,500 sf25%75%Civic, cultural, religious centersLibrary or museum (occupancy), places of worship (seats)10% of maximum occupancy or seats75%25%Commercial recreationTheater (seats), health club (occupancy)10% of maximum occupancy or seats75%25%Open space, parks, recreational usesBall field, driving range, playground, parksAs determined by the director*Downtown (core area)Includes all nonresidential land use types in downtownApply same standards for land use above when feasible. City provides an on-going bicycle rack program for the downtown core area.(b) * Downtown core area—All nonresidential uses. The city employs an on-going bicycle parking program within the public right-of-way for the downtown core area. Businesses and developments within the downtown core area are not required to provide bicycle parking if adequate on-site space is not available, as determined by the director. Downtown multifamily developments shall comply with the requirements of this article.(c) Minimum requirements. All nonresidential uses shall provide a minimum of two bicycle parking spaces per site. In the case of multi-tenant buildings minimum required bicycle parking shall be two spaces per tenant. Alternative compliance may supersede this requirement.(d) Alternative compliance, as established in Section 40.25A.070, may be applied to all land use classifications.(e) Short-term and long-term percentages listed in the table are intended as guidelines subject to a final determination by the director.", "history": "(Ord. 2421 § 2, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44652423", "number": "§ 40.25A.050", "title": "Detailed standards and installation guidelines.", "text": "All accessory bicycle parking spaces shall be provided on the same parcel as the building or use to which such spaces are required. Bicycle rack installation locations must be near or within visual site distance of building entrances. Further detailed standards and findings, such as acceptable dimensions, are provided in the Association of Pedestrian and Bicycle Professionals' Bicycle Parking Guidelines and the City of Davis Project Development Standards Guide, which is maintained by the department of community development and sustainability.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652424", "number": "§ 40.25A.060", "title": "Calculation of required spaces.", "text": "(a) When a tract of land is developed with a mixed use building or development such as residential/commercial, residential/office, or retail/office, but is developed under single ownership or control, the required bicycle parking will be determined by calculating the required parking for each individual land use and then adding the individual requirements together to create a total bicycle parking requirement.(b) When the required number of spaces is based on net building area, the net building area of any accessory use is included with the primary use in the calculation (e.g., manufacturing site with accessory office space).(c) After the bicycle parking requirement has been calculated, if the requirement results in a fraction of a space to be provided, the parking space requirement shall be rounded to the nearest whole number.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652428", "number": "§ 40.25A.070", "title": "Alternative compliance.", "text": "(a) Upon written request by the applicant, the director or her/his designee may approve alternative compliance from the provisions of this article, which may include, but is not limited to, a reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement.(b) Considerations used in the determination may include, but are not limited to:(1) Physical site planning constraints;(2) Proximity to existing bicycle parking;(3) Projects that cannot be classified into the provided land use categories;(4) Provision of enhanced bicycle facilities provided in the development;(5) Inclusion of the site within a larger development for which adequate bicycle parking is already provided; or(6) Unforeseen circumstances or individual land use changes.", "history": "(Ord. 2421 § 2, 2013)" }, { "guid": "44652437", "number": "§ 40.25A.080", "title": "Incentives.", "text": "Should a business or institution be interested in going above and beyond the bicycle parking requirements and amenities as specified in this article, certain measures can be taken. The director of community development or her/his designee reserves the right to implement certain incentives to help assist the implementation of increased bicycle amenities, such as, locker rooms, showers, or indoor secure bicycle parking. Potential incentives may include offsetting the required number of vehicle parking spaces (two spaces maximum or five percent of required vehicle parking), or other design requirements to accommodate space for secure bicycle parking, and other bicycle commuter amenities.", "history": "(Ord. 2421 § 2, 2013)" } ] }, { "guid": "44652438", "title": "SPECIAL USES", "number": "40.26", "url": "https://ecode360.com/44652438", "sha256": "e9b077fc696e700f90ea40ec70d4f51af3aa1a66fa64a9ac94d58797f64fa90d", "exportedArticleSha256": "8dd6a6458d05b207c10f2b6787c94c4ef286b686c358244cfeaaf240ba29903a", "sections": [ { "guid": "44652439", "number": "§ 40.26.010", "title": "Accessory buildings/structures.", "text": "(a) Findings of fact. Accessory structures provide opportunities for small scale aesthetic and shade structures; functional, protected, enclosed ancillary storage and activity space; and additional guest and rental housing; among other benefits. As subordinate facilities to a principal structure, however, appropriate regulation is required in order to ensure compatibility of land uses, protect privacy of neighbors, ensure minimum open space and area requirements, and protect the health, safety, and welfare of the neighborhood and community.(b) Statement of purpose. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and health, safety, and welfare is preserved.(c) Performance standards. Accessory structures shall conform to all of the following requirements. Unless noted otherwise herein, no accessory structure may be approved which does not so conform.(1) Processing. Accessory structure review shall be performed by the department of community development.(2) CBC Compliance. All accessory structures shall comply with the requirements of the California Building Code as adopted by the City of Davis in effect at the time of construction.(3) Primary Structure Requirement. An accessory structure in any district may only be constructed on a lot containing a principal structure.(4) Required Rear Yard. Accessory structures, and any accessory uses (including surfaced area for parking) may not exceed thirty percent of the square footage of the required rear yard.(5) Lot Coverage. In combination with the primary structure, accessory structures may exceed the otherwise applicable maximum lot coverage, up to a maximum of fifty percent.(6) Open Space. In combination with the primary structure, accessory structures may not cause the required useable open space to drop below twenty percent.(7) Height. The maximum height for an accessory structure is fifteen feet.(8) Setbacks. Minimum setbacks shall be:(A) Front yard: fifteen feet;(B) Rear yard: five feet (zero feet if rear yard adjoins an alley);(C) Interior side: five feet (zero feet if interior side yard adjoins an alley);(D) Street side: same as principal structure.(9) Size. The size of a non-habitable accessory structure shall not exceed twenty-five percent of the gross square footage of the primary structure (including any attached facilities such as a garage). Maximum size of secondary dwellings shall be determined pursuant to provisions of Section 40.26.450(i) (Ministerial secondary dwelling units) and Section 40.03.045(a)(1) (Conditionally allowable secondary dwelling units) of this chapter.(10) Increased Height and/or Size. An applicant may apply for a conditional use permit to exceed the limitations established herein on structure height and/or size. Under no circumstances, except garages or carports as noted above, may the size exceed fifty percent of the gross square footage of the primary structure.(11) Location. Accessory structures may not be located within the front half of any lot except as noted otherwise herein.(12) Eaves and Overhangs. Any eaves or overhangs of an accessory structure are subject to the requirements of Section 40.27.060 of this chapter.(13) Use for Dwelling Purposes. Accessory structures shall not be used for dwelling purposes.(14) Screening. All enclosed accessory structures larger than one hundred twenty square feet in area shall either be substantially screened from public view (including adjacent properties and public right-of-way) or constructed of materials that are residential in character. Such screening or materials shall be subject to review and approval by planning staff during the building permit review.(d) Exceptions. Unless stated otherwise below, the following accessory structures shall be subject to the standards as described in Section 40.26.010(c) of this article.(1) Arbors. Arbors may be located anywhere within the front, rear, or side yard, provided that the height does not exceed ten feet, the width does not exceed ten feet, and the depth does not exceed five feet. When located near a driveway or on a corner lot, the arbor shall not be placed within the twenty-five-foot triangular area identified in Section 40.27.060(b)(2), or the equivalent area based upon any driveway on any parcel. Individual arbors shall be located a minimum of five feet from other arbors. Arbors that do not meet the above criteria shall be subject to the standards established herein for patio covers and trellises.(2) Detached Garages and Carports. Detached garages and carports in R-1 and R-2 zoning districts may be located in the rear half of a lot with a minimum setback of five feet to the side and rear unless otherwise specified by the zoning district in which the property is located. Garages and carports located in the front half of any lot must meet the setback requirements of the zone in which the property is located. Reduced setbacks for detached rear garages and carports may be granted with the issuance of a conditional use permit.(3) Patio Covers, Trellises, and Gazebos. Attached and detached patio covers, sunshades, trellises, breezeways, and similar structures which are not enclosed on the sides except for required roof supports may project into required yards as follows:(A) To fifteen feet of the front property line;(B) To five feet of the rear property line;(C) To ten feet of the street side property line;(D) To three feet of the interior side property line.Setbacks shall be measured to the outermost perimeter of the structure. Where a detached patio cover or trellis is constructed, no minimum separation from the primary dwelling shall be required unless otherwise required by the building code. Such structures shall not be subject to the twenty-five percent size limitation of the gross square footage of the primary dwelling.(4) Play Houses. Play houses below fence height may be located in the rear yard without respect to setbacks. Play houses, of any size, that project above fence height shall be set back a minimum of five feet from the rear and three feet from the side property lines. Play houses shall be limited to a maximum height of twelve feet provided the wall height (except at gable ends) is a maximum of seven feet.(5) Play Structures. Play structures that project above the fence height of the yard in which they are enclosed, or have a platform or device that would enable one to climb above the height of the adjacent fence, shall be set back a minimum of ten feet from all property lines. Play structures may be located in the front half of a lot. Swings shall be set back from property lines according to the manufacturers specifications.(6) Small Storage Sheds. A small storage shed (as defined in Section 40.01.010 of the Davis Municipal Code) shall be no larger than one hundred twenty square feet and may be located within the required rear yard and interior side yard setbacks parallel with or behind the front of the primary structure. Maximum shed height, as measured from grade, shall be eight and one-half feet to the roof peak. The maximum wall height, except for at the gable ends, is seven feet. Small storage sheds shall be individually located a minimum of five feet from other small storage sheds.If fencing does not separate the lot from adjoining lots, a minimum three-foot side and rear setback must be provided. When a shed is located in a side yard, the opposite side yard of the property shall remain clear of obstructions (e.g., condensers, fireplaces, architectural pop-outs) for the purposes of safety, access and circulation.(7) Shipping Containers. Shipping containers shall not be permitted in any single-family or duplex residential district within the City of Davis.(8) Accessory Dwelling Units. In accordance with the underlying zoning district, ministerial accessory dwelling units are subject to the standards in Section 40.26.450, and non-ministerial accessory dwelling units are subject to the standards in Section 40.26.460.(9) Guest Houses. Guest houses are subject to the standards in Section 40.26.470 and in accordance with the requirements of the underlying zoning district.(10) Outdoor Kitchens, Ovens, Kilns, Fireplaces. Outdoor kitchens, ovens, kilns, fireplaces and similar built in structures, which are not enclosed within a structure may project into required yards as follows:(A) To five feet of the rear property line;(B) To ten feet of the street side property line;(C) To three feet of the interior side property line.Setbacks shall be measured to the outermost perimeter of the structure. Separation from the primary dwelling shall be as required by the California Building Code. Such structures shall not be subject to the twenty-five percent size limitation of the gross square footage of the primary dwelling.", "history": "(Ord. 296 § 24.1; Ord. 316 § 16; Ord. 457 § 1; Ord. 822 § 1; Ord. 1023 § 1; Ord. 1768 § 5; Ord. 1802 § 3; Ord. 1940 § 9; Ord. 1975, 1999; Ord. 2009 § 1, 1999; Ord. 2034 §§ 2, 3, 2000; Ord. 2445 § 7, 2015; Ord. 2572 § 20, 2020; Ord. 2602 §§ 17, 18, 2021; Ord. 2677, 11/4/2025)" }, { "guid": "44652481", "number": "§ 40.26.020", "title": "Outdoor advertising, billboards and signs.", "text": "No outdoor advertising, billboard or sign shall be erected, constructed, maintained or replaced except as permitted by and in conformance with the provisions of this chapter.The purpose of this chapter in regulating outdoor advertising, billboards and signs is to preserve and protect the public health, the public welfare, and the public safety. It is intended to enhance the physical appearance of the city, make the city a more enjoyable and pleasing community and to create a more attractive economic and business climate. It is intended by the provisions of this chapter to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; relieve pedestrian and traffic congestion; provide more open space; and avoid the canceling out effect of conflicting adjacent signs.(a) All districts. The following regulations shall apply in all districts. No sign shall exceed the size, height and locational limitations of the district in which it is located, nor project beyond the setback line of the property in which located unless otherwise provided.(1) Noncommercial advertising signs of the ideas or beliefs of the owner or occupant of the property upon which such advertising display is placed, sociological, religious or economic subjects of public interest or general concern are permitted. All signs hereby permitted shall otherwise meet the requirements for signs of the district in which they are located.(2) Notwithstanding any lease to the contrary, no landlord or lessor shall prohibit a tenant lawfully in possession from posting noncommercial signs as otherwise allowed in this Code.(3) The provisions of Chapter 3 of this Code concerning signs on property within six hundred feet of a state freeway shall apply.(4) Signs and sign structures may be permitted for a set time period stated as condition of the conditional use permit in districts in which signs and sign structures are permitted as conditional uses.(5) No sign shall be erected in such a manner as to create a traffic hazard. A sign shall be considered a traffic hazard when:(A) Its location is such as to interfere with traffic sight distances, traffic flow, or the visual access to the name or address of a nearby business or residence or a street or traffic sign;(B) Its color, configuration, text or location are such that they could be mistaken for or otherwise imitate a traffic sign or signal; or(C) It is located in the public right-of-way, unless an encroachment permit is issued.(6) The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color except for time of day and temperature signs. Beacon lights and search lights may be permitted in the central-commercial, commercial highway, and similar planned development zoning districts if the following requirements are satisfied:(A) A design review application, accompanied by the appropriate fee and information, shall be submitted for review by the director.(B) An encroachment permit is required if a beacon or searchlight is placed in the public right-of-way.(C) A beacon or searchlight shall not constitute a traffic hazard.(D) A beacon or searchlight shall operate only during business hours and shall not be in operation between the hours of twelve midnight and sunrise.(E) Beacons and searchlights shall be allowed for public events or promotional activities involving more than one business in a given zoning district. \"Promotional activities\" generally refers to the coordinated efforts of two or more businesses to attract the general public to an area for commercial purposes.(F) The director may condition the approval of any permit for beacons or searchlights to ensure protection of the public health, safety and welfare, including conditions limiting the hours of operation.No exposed reflective type bulbs and no strobe light or incandescent lamp shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property, except for public informational signs disclosing such items as time of day and temperature.(7) A temporary sign that indicates the future use of a building being constructed on the premises may be permitted if it does not exceed the total permitted sign area of the district requirements. Such sign may be permitted for a period of one year or until completion of the construction of the building, whichever first occurs.(8) Street banners advertising a public entertainment or event are permitted if specifically approved by the director, without regard to other requirements of this chapter. The display of flags or other decorations for nationally recognized and celebrated holidays shall not require the specific approval of the director. City council may specifically authorize any outdoor advertising restricted or prohibited by this chapter when in connection with a public event or promotion or in relation to any land use activity located on baseball facilities regularly leased or licensed to a recreational organization by the city, if otherwise permitted by such lease or license.(9) Nonadvertising signs not exceeding one square foot in area, such as \"No Trespassing,\" \"Private Drive,\" \"Bad Dog,\" or a person's name, are permitted without regard to the other requirements of this chapter.(10) Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle, and the sign is incidental to the vehicle's primary use and the vehicle is not used primarily for advertising purposes, are not governed by this chapter.(11) Signs which advertise an activity, business, product or service no longer conducted on the premises upon which the sign is located are prohibited.(12) Banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices are prohibited unless they are specifically permitted otherwise. Devices, when not part of any sign, are similarly prohibited unless they are specifically permitted otherwise. Signs which rotate, spin, or otherwise move are prohibited unless they are specifically permitted otherwise.Signs which may swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment are prohibited unless specifically permitted otherwise.Fraternities and sororities may display one insignia flag or banner provided that the flag or banner does not exceed twenty-four square feet in area, encroach within five feet of any lot line or project above the height of the building on the lot on which it is located.Banners, pennants, ribbons, streamers, or flags may be permitted if all of the following requirements are satisfied:(A) The applicant shall file a design review application with the community development and sustainability department, accompanied by the appropriate fee and information required by the city.(B) Banners shall be compatible with the total sign program, building design, and landscape design in terms of size, design, colors, location, and height. A banner may be freestanding or attached to the building.(C) Banners may overhang the public right-of-way; in which case an encroachment permit is required.(D) Banners shall be maintained in terms of color, design, and material. If deterioration occurs to the extent that it detracts from the surrounding area's appearance, the director or designee or city staff shall order the banner(s) removed.(E) Permanent banners (banners to be displayed for more than thirty days) may contain a business logo but they shall not contain any other written message. Temporary banners (banners to be displayed for thirty days or less) may contain written messages.(F) Banners may be allowed to exceed the maximum sign area limitations, subject to the director or designee review and approval.(G) The director or designee shall review and approve all requests prior to installation. Temporary banners may be approved as part of a total program for use at specified times of the year.(13) Maximum square footage of signs for premises fronting on the ground level of a street, the public way or public or customer parking area shall be computed in accordance with the applicable tables. Lots fronting on more than one street may increase permitted area by twenty-five percent for each additional front. Maximum square footage of signs for premises which do not front on ground level of a street, public way or public parking area shall be determined by the property owner; provided, that no more than the allowable square footage of signing is permitted for all such premises per street, public way or customer parking area fronted upon.(14) The review of the design and placement of signs and outdoor advertising, including temporary signs, shall be a function of the director or designee. It shall be within the scope of the review of signs by the director or designee to determine the amount, design, and location, if necessary, of temporary signs for each use considered. This is in recognition of the fact that uses utilize temporary signs to supplement permanent signs and that the combination of temporary and permanent signs must not exceed the maximum permitted area.It shall not be deemed a variance of special privilege to not apply the maximum square footage restriction to distinctive features if the city finds that such architectural features are substantially superior to otherwise permissible design.(15) Signs shall be flat against the building and not project over the public right-of-way in all districts except where specifically stated otherwise.(16) Outdoor advertising and signs shall be constructed in accordance with specifications and standards established as deemed necessary and appropriate by the director. They shall be designed, installed and constructed in accordance with this article and applicable building code provisions.(17) Billboards and signboards are prohibited except for temporary \"open house\" real estate signs not exceeding eight square feet in area, and portable signs within the C-C zoning district as established in subsections (f)(5) and (f)(6) of this section.Temporary \"open house\" real estate signs shall be located on private premises not nearer than two feet to any right-of way. Two \"open house\" signs shall be permitted on a corner lot provided each faces a different street. Such sign(s) shall not be illuminated. Such sign(s) need not be located on the premises offered for sale, provided that permission to exhibit such signs shall be obtained from the owner of the premises upon which such signs are placed.(18) Unless otherwise specified in the use permit, signs in planned development districts shall conform to the regulations normally required for the applicable land use.(19) Maximum sign area for theater uses in all districts may be increased by the director or designee in the following categories:(A) Use may utilize full square footage allowance in the district, regardless of street frontage.(B) Display areas for posters may be discounted or eliminated from sign computations.(C) In sign computations, actual square footage of theater message boards may be discounted up to a maximum of fifty percent.(20) Artworks which do not identify a business or a product are not considered signs.(21) Community signs and directional signs erected on public property in accordance with an adopted redevelopment agency sign program are permitted without regard to other requirements of this chapter, provided that:(A) Sign location is limited to property owned by the city or the redevelopment agency;(B) Sign content is limited to business identification and directional information for public facilities, maps, and calendars of events;(C) Signs located on public space, such as a plaza, parking lot, or passageway, may serve to identify only businesses with entrances on the public space;(D) Maximum permitted sign area must not exceed fifty square feet;(E) Maximum permitted sign area devoted to business identification must not exceed fifty percent of the total text area of the sign;(F) Maximum height is not to exceed eight feet; and(G) The sign shall conform with all applicable federal and state laws governing the location and erection of advertising displays within six hundred feet of a freeway.(b) Agricultural districts. The following regulations shall apply in agricultural districts:(1) One nameplate or nonilluminated sign appurtenant to any permitted use on the property on which erected not to exceed twenty square feet in area is permitted.(2) Signs shall be set back fifty feet from the front lot property line.(3) One noncommercial advertising sign is permitted, not to exceed twenty square feet in area.(4) For conditional uses, one sign pertaining to the conditional use of the property which shall conform to the size, location and height limitation as hereafter provided in subsections (f) or (g) of this section, whichever the director determines to be most applicable, for signs is permitted.(c) Residential districts. The following regulations shall apply in all residential districts except in the R-T district.(1) One temporary real estate sign not exceeding six square feet in area, advertising the sale, rental or lease of the premises upon which such sign is located is permitted. It shall not be located nearer than five feet to any street right-of-way. Two such signs may be permitted on a corner; provided, that each sign faces a different street. Such sign or signs shall not be illuminated. Such sign or signs shall be removed within five days of the sale, rental or lease.(2) A temporary real estate sign for a subdivision may be permitted on a major or secondary street. It shall not exceed one hundred square feet or be twenty feet above the grade level, and shall be located behind the setback line of the property on which it is located. Such sign shall not be illuminated. Such sign shall be removed within five days after completion of sales activities of the property or subdivision.(3) One nonilluminated sign denoting the intended use of the building and the identity of the architect, engineer, contractor and builder may be permitted upon premises during construction; provided, that such sign does not exceed sixteen square feet in area. Such sign shall be removed within thirty days after completion of the construction project.(4) A church, school, community center, professional and administrative office or other public institutional building may have an announcement sign or bulletin board not over twenty square feet which shall be at least five feet from all street right-of-way lines. If building-mounted, this sign shall be a flat wall sign and shall not project above the roof line. If ground-mounted, the top shall be no more than six feet above ground level, and shall be at least five feet from all street right-of-way lines.(5) In all districts where apartments and mobile home developments are permitted, one sign is permitted on each apartment development to identify such development on which located and shall not exceed twenty square feet in area. It shall not project above the height of the building on the lot on which located. If development fronts on more than one street, one additional sign not to exceed twenty square feet is permitted for each such additional street upon which such development is located. Said signs may be low profile signs which are encouraged provided that they are not to exceed the area limit and must be set back a minimum of five feet behind the setback line.(6) Only one noncommercial advertising sign is permitted on each lot, not to exceed six square feet.(7) Commercial uses within the R-HD district will have the same sign requirements as the R-T district, Section 40.26.020(e).(d) Professional and administrative office district. The following regulations shall apply in the professional and administrative district:(1) One identification sign pertaining to a permitted or conditional use of the lot on which located not in excess of twenty square feet and not projecting above the height of the building on the lot on which located, is permitted. It shall be set back from the street right-of-way line at least five feet.(2) One noncommercial advertising sign is permitted on each lot not to exceed six square feet.(e) Commercial neighborhood and residential transitional districts. The following regulations shall apply in the commercial neighborhood and residential transitional districts:(1) Maximum square footage for the R-T district is to be computed on the basis of Table 1, and Section 40.26.020(a)(14). Maximum square footage for the C-N district is to be computed by the use of Table 1 only, based on one frontage.(2) Signs shall only be illuminated at such times as premises are open for business.(3) In addition to the sign area allowed in Table 1, neighborhood commercial centers may also have one low profile sign. If the commercial neighborhood center has frontage on another public street, a second low profile sign will be permitted. Monument signs shall include center identification. Center identification shall not include the names of any tenants.All new monument signs or changes to existing monument signs will go through the current design review process to insure that they conform with the design guidelines.Low profile signs are allowed in the residential transitional and residential high density districts. Low profile signs are permitted in the C-N district for service stations in addition to the C-N shopping center identification signs.(4) Freestanding signs are prohibited in C-N, R-T and R-H-D zoning districts.(5) Signs may project over the public right-of-way and not be flat against a building in residential transitional districts only if they meet any of the following qualifications:(A) Parallel with the street on top of or flat against a canopy.(B) Under a canopy if not in excess of five square feet.(C) Theater marquee signs, when an integral part of a marquee which overhangs the public right-of-way.(D) Disclose only time and temperature.(6) The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.TABLE 1: Formula For Maximum Square Footage of SignsPremises Frontage(in feet)Maximum Permitted Sign Area(in square feet)515103020423050above 3050Note: Interpolate for premises frontage not shown on Table 1 to determine permitted sign area.(f) Community retail district. The following regulations shall apply in the community retail district:(1) Maximum square footage for the C-R district is to be computed on the basis of Table 1.5, and Section 40.26.020(a)(14).(2) Signs shall only be illuminated at such times as premises are open for business.(3) In addition to the sign area allowed in Table 1, community retail centers may also have freestanding signs. Freestanding signs shall include center identification, and may also include the names of tenants. Freestanding signs exceeding eight feet, up to a maximum of twenty-five feet in height, may be approved with a conditional use permit. Pole signs are not permitted.Low profile signs are permitted in the C-R district for service stations in addition to the shopping center identification signs.(4) Sign programs shall be prepared for all new and renovated centers.(5) The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.TABLE 1.5: Formula For Maximum Square Footage of SignsPremises Frontage(in feet)Maximum Permitted Sign Area(in square feet)20423050above 5075(g) Central commercial, commercial service, industrial and industrial research districts. The following regulations shall apply in these districts.(1) Maximum square footage is to be computed on the basis of Table 2, and subsection (a)(14) of this section.(2) Signs shall not project above the height of the building on the lot on which located in central commercial districts.(3) Signs may project over the public right-of-way and not be flat against a building in central commercial districts only if they meet any of the following qualifications:(A) Parallel with the street on top of or flat against a canopy.(B) Under a canopy if not in excess of five square feet.(C) Theater marquee signs, when an integral part of a marquee which overhangs the public right-of way.(D) Disclose only time and temperature.(E) Perpendicular with the street and of a pedestrian scale, no greater than five square feet, and not internally illuminated.(4) Signs shall be flat against the building and not project over the public right-of-way. Low profile signs, which shall not exceed eight feet in height are permitted in the C-T, C-S, CC, I and R-R districts Freestanding signs, exceeding eight feet in height to a maximum of twenty-five feet may be considered in the C-S district subject to the following findings.(A) The site directly abuts the freeway and is within a quarter mile of a freeway on/off ramp.(B) That the use(s), or site, is of a type that necessitates advertising to the traveling public, as opposed to local business and other forms of advertisement.(C) The sign shall be oriented to the freeway and shall not generally be visible from the interior community streets.(D) That there is not more than one sign visible in any viewshed along the freeway and that installation of the sign does not create excessive visual clutter.(E) That the sign exhibits exemplary quality of design. Shall be architecturally compatible with surrounding buildings and neighborhood.Pole signs (single column pole support) are prohibited.(5) In the C-C district, portable signs may be permitted for businesses which do not have direct frontage upon any street, provided all of the following are met:(A) The store does not have the option of participating in a redevelopment agency directory sign.(B) The sign has received site plan and architectural approval from the community development and sustainability department.(C) An encroachment permit has been issued for any sign on public property.(D) The sign is displayed only during the hours the business is open for customers.(E) The design and location are consistent with the approved portable sign design guidelines.(6) In the C-C district, portable signs may be permitted for any businesses, provided all of the following are met:(A) The sign has received site plan and architectural approval from the community development and sustainability department.(B) An encroachment permit has been issued for any sign on public property.(C) The sign is displayed only during the hours the business is open for customers.(D) The design and location are consistent with the approved portable sign design guidelines.(E) The sign is not displayed more than fifteen days in any calendar year.(7) The city council may adopt sign design guidelines for this district at a public hearing. All new signage or propose revisions to existing signage that is consistent with the sign design guidelines may be approved by the community development and sustainability department as a minor improvement application as identified in Section 40.31.040(p). Signs not consistent with the sign design guidelines are subject to administrative site plan and architectural review.(8) The following formula for maximum square footage of signs shall determine the total area allowed for signs on each premises. If premises do not front upon the ground level of a street, public way or public or customer parking area, the total area shall not be increased and it shall be divided according to subsection (a)(14) of this section.Table 2: Formula for Maximum Square Footage of SignsPremises Frontage(in feet)Maximum Permitted Sign Area(in square feet)515103020424064608673100above 73100Note: Interpolate for premises frontage not shown on Table 2 to determine permitted sign area.Portable signs in accordance with (f)(6) of this section may be permitted in addition to the limitations in Table 2. Portable signs in accordance with subsection (f)(5) of this section are to be included in the above sign area maximum.(h) Commercial mixed use district. The following regulations shall apply in this district.(1) Maximum square footage is to be computed on the basis of Table 3, and paragraph (a)(14) of this section.(2) Signs shall be flat against the building and not project over the public right-of-way. Low profile signs which shall not exceed eight feet in height are permitted in the CMU district.(3) Freestanding signs exceeding eight feet in height to a maximum of twenty-five feet may be considered through a conditional use permit process and shall be subject tot the following findings:(A) The site directly abuts the freeway and is within a quarter mile of a freeway on/off ramp.(B) That the use(s), or site, is of a type that necessitates advertising to the traveling public, as opposed to local business and other forms of advertisement.(C) The sign shall be oriented to the freeway and shall not generally be visible from the interior community streets.(D) That there is not more than one sign visible in any viewshed along the freeway and that installation of the sign does not create excessive visual clutter.(E) That the sign exhibits exemplary quality of design. Shall be architecturally compatible with surrounding building and neighborhood.Pole signs (single column pole support) are prohibited.(4) The following formula for maximum square footage of signs shall determine the total area allowed for signs on each premises.TABLE 3: Formula For Maximum Square Footage of SignsPremises Frontage(in feet)Maximum Permitted Sign Area(in square feet)515153020424064608680110100133120156140178160200Above 160200Note: Interpolate for lot frontage not shown on Table 3 to determine permitted sign area.(5) Signs parallel with the street on top or flat against a canopy may be permitted to project over the public right-of-way, and a sign under a canopy not in excess of five square feet may be permitted.(6) A sign exceeding twenty feet in height, or projecting above the height of the building on the lot on which the sign is located, may display an identification of the business only, without further advertisement of prices, merchandise or services offered. The area of any such sign shall be taken as the area of a rectangle enclosing the sign, including any projections other than the supports.(7) Low profile signs are encouraged for uses in the CMU zone to supplement another freestanding sign or in lieu of it. All signs must not exceed the maximum area allowance provided in the zoning district.(8) Sign area beyond that permitted by subsection (h)(1) may be allotted to an automobile sales and service establishment located in the commercial highway zone only when an additional independent automobile sale and service use shares the same site location. The term \"Independent\" shall refer to a separate automobile corporation.Such additional sign area may be granted by the director or designee upon a finding that the sign(s) solely represent the additional independent corporation. The director or designee may grant additional sign area equivalent to fifty square feet or the smallest indication sign made by the independent corporation if that sign exceeds fifty square feet.(i) Mixed use district. The following regulations shall apply to the mixed use district:(1) Maximum square footage is to be computed on the basis of Table 1, and Section 40.26.020(a)(14).(2) No sign shall exceed fifteen square feet in area.(3) Signs on a building shall be located under the roofline.(4) Freestanding signs are prohibited in the mixed use district.(5) Low profile signs not exceeding six feet in height are permitted in the mixed use district.(6) Signs shall only be illuminated at such times as premises are open for business.(7) Signs may project over the public right-of-way and not be flat against a building in the mixed use district only if they meet any of the following qualifications:(A) Parallel with the street on top of or flat against a canopy;(B) Under a canopy if not in excess of five square feet;(C) Theater marquee signs, when an integral part of a marquee which overhangs the public right-of-way;(D) Disclose only time and temperature.(8) The following formula for maximum square footage of signs shall determine the total area allowed for signs for premises which front upon the ground level of a street, public way or public or customer parking area. If premises do not so front, the total area shall not be increased and it shall be divided according to paragraph (a)(14) of this section.(9) The city council may adopt sign design guidelines for this district at a public hearing. All new signage or proposed revisions to existing signage that is consistent with the sign design guidelines may be approved by the community development and sustainability department as a minor improvement application as identified in Section 40.31.040(p). Signs not consistent with the sign design guidelines are subject to administrative site plan and architectural review.", "history": "(Ord. 296 § 24.2; Ord. 316 §§ 17 to 19; Ord. 333 § 3; Ord. 416 § 1; Ord. 436 § 3; Ord. 567 §§ 1, 2; Ord. 614 § 2; Ord. 619 § 1; Ord. 635 § 1; Ord. 689 § 1; Ord. 798 § 1; Ord. 817 §§ 1 to 3; Ord. 903 § 1; Ord. 924 §§ 2, 3, 4; Ord. 1013 § 2; Ord. 1041 § 1; Ord. 1072 § 1; Ord. 1150 § 1; Ord. 1207 § 1; Ord. 1221 § 1; Ord. 1267 § 1; Ord. 1425 §§ 1, 2; Ord. 1444 §§ 6—9; Ord. 1627 §§ 38—46; Ord. 1923 §§ 6—9; Ord. 1948 §§ 2—5; Ord. 1965 § 1; Ord. 2022 §§ 13—15, 2000; Ord. 2046 §§ 4, 5, 2001; Ord. 2232 § 3, 2006; Ord. 2308 §§ 4, 5, 2008; Ord. 2359 § 12, 2010; Ord. 2390 § 2, 2012; Ord. 2572 § 3, 2020; Ord. 2677, 11/4/2025)" }, { "guid": "44652620", "number": "§ 40.26.030", "title": "Animal feed yards, kennels, stables, etc.", "text": "Animal feed yards, animal sales yards, kennels for dogs or cats, riding academies and public stables shall be located no closer than two hundred feet from any property line, shall provide automobile and truck ingress and egress, shall provide parking and loading spaces so designed as to minimize traffic hazard and congestion. Proponent shall show that odor, dust, noise and drainage shall not constitute a nuisance or a hazard to adjoining property or uses.", "history": "(Ord. 296 § 24.3)" }, { "guid": "44652621", "number": "§ 40.26.040", "title": "Animal hospitals, etc.", "text": "Animal hospitals and veterinarian hospitals shall be located no closer than one hundred feet from any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.", "history": "(Ord. 296 § 24.4)" }, { "guid": "44652622", "number": "§ 40.26.050", "title": "Area required cannot be reduced.", "text": "No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this chapter. If already less than the minimum required by this chapter, such area or dimension shall not be further reduced.", "history": "(Ord. 296 § 24.5)" }, { "guid": "44652623", "number": "§ 40.26.055", "title": "Billiards/pool hall.", "text": "Specific conditions of approval for a conditional use permit for a billiards/pool hall shall include but not be limited to:(a) A conditional use for a billiards/pool hall shall be considered to be null and void if the establishment ceases operation for thirty or more consecutive days;(b) No games of cards, dice or other games of chance shall be carried on in any billiards/pool hall;(c) The conditional use permit application shall be reviewed by the police department;(d) Either employees shall be trained in terms of security procedures, applicable laws, citizens arrest, alcohol laws and city code violations or a private security guard shall be required. The training for employees shall be approved by or conducted by the city police department;(e) No loitering shall be allowed in on-site parking lots or on sidewalks/alleyways adjacent to the business premises;(f) There shall be adequate security lighting; and(g) The billiards/pool hall shall be closed between 2:00 a.m. and 6:00 a.m.", "history": "(Ord. 1788 § 6)" }, { "guid": "44652631", "number": "§ 40.26.058", "title": "Cardrooms.", "text": "Cardrooms, as defined in Chapter 8A, shall comply with the following requirements:(a) A conditional use permit shall be required for all cardrooms as provided in Section 40.14.050. The conditional use permit may impose other conditions if deemed to be in the public interest. The conditional use permit may be revoked by the planning commission if the use is found to be in violation of Chapter 8A of the Municipal Code or other city regulations, or may be modified by the planning commission if deemed necessary.(b) All cardrooms shall comply with the cardroom licensing procedures as defined and required in Chapter 8A of the Davis Municipal Code.(c) All cardrooms shall be located only on the ground floor of a structure or building. All buildings or structures housing a cardroom shall be a minimum of fifty feet from any property line of any residential (R) district, and shall provide a minimum six-foot high solid board or masonry wall separating the entire area from any abutting residential property.(d) Parking requirements. Parking requirements shall be as provided in Section 40.25.010 through Section 40.25.120.(e) Signs. All exterior building signs and window signs are subject to all applicable provisions of Chapter 40 of this Code.(f) Security. The planning commission may require the installation of a robbery alarm or other security measures on the premises if circumstances warrant. The planning commission may rely on recommendations by the police department regarding whether, and to what extent, security measures may be required.(g) Existing cardrooms. Any cardroom use in operation on the date the ordinance codified in this section becomes effective need not comply with the provisions of this section except subsection (b). If any such existing cardroom ceases operation for a period of ninety days, it must comply with all provisions of this section before recommencing operation.", "history": "(Ord. 1821 § 4)" }, { "guid": "44652639", "number": "§ 40.26.060", "title": "Cemeteries, crematories, etc.", "text": "Cemeteries, crematories, mausoleums and columbariums shall provide entrances on a major or secondary thoroughfare with ingress and egress so designed as to minimize traffic congestion, and shall provide off-street parking spaces, and shall provide a minimum six-foot-high wall or minimum three foot thick and six foot high evergreen hedge or provide a minimum of twenty feet of permanently maintained landscaped strip on all property lines abutting any R district or street in an R district.", "history": "(Ord. 296 § 24.6)" }, { "guid": "44652640", "number": "§ 40.26.070", "title": "Circuses and carnivals.", "text": "A circus or carnival involving temporary assemblages of over three hundred people may be permitted in any district; provided, that access to such establishment shall be from a major or secondary thoroughfare; and provided, that such establishments are not located within four hundred feet from any residential development. In any case a conditional use permit or temporary use permit shall be required for all such uses. Adequate off-street parking shall be provided.", "history": "(Ord. 296 § 24.7; Ord. 1845 § 2; Ord. 1906 § 2, 1997; Ord. 2677, 11/4/2025)" }, { "guid": "44652641", "number": "§ 40.26.080", "title": "Clotheslines.", "text": "It shall be unlawful and a nullity to establish any private covenant or restriction which prohibits the use of a clothesline in any residential zone, except that all multifamily developments (three-family and greater densities) requiring the director's, or designee's, approval shall require suitable space or facilities except where such space would preclude good project design, to enable residents to dry their clothes using the sun. Such clotheslines shall be convenient to washing facilities and oriented so as to receive sufficient sun to dry clothes throughout the year.", "history": "(Ord. 876 § 2; Ord. 1627 § 47; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652642", "number": "§ 40.26.090", "title": "Community buildings, clubs, etc., in R districts.", "text": "Community buildings, social halls, lodges, fraternal organizations and clubs, where the associated building or use is not for residence purposes, in R districts shall comply with the following requirements:(a) All buildings shall be a minimum of twenty feet from the side lot lines and fifty feet from the rear lot line.(b) There shall be no external evidence of any incidental commercial activities nor any access to any space used for such activity other than from within the building.(c) Any such use shall be located to provide access without causing heavy traffic on local residential streets.(d) Any such use shall prove that there will be no harm to adjacent existing or potential residential development due to excessive traffic generation or attraction or noise or other circumstances.", "history": "(Ord. 296 § 24.8; Ord. 528 § 1; Ord. 862 § 2)" }, { "guid": "44652647", "number": "§ 40.26.100", "title": "Country clubs and golf courses.", "text": "Country clubs and golf courses shall comply with the following requirements:(a) No building shall be located within one hundred feet of any property line.(b) Facilities such as restaurants and bars may be permitted, when conducted and entered from within the building.(c) Golf fairways, swimming pools, tennis courts and the like shall be located not less than twenty-five feet from any property line, and if adjoining property which is in any R district, such facilities shall be effectively screened by a wall, hedge or heavy screen planting.", "history": "(Ord. 296 § 24.9)" }, { "guid": "44652651", "number": "§ 40.26.110", "title": "Drive-in theaters.", "text": "All drive-in theaters shall be located only on major or secondary thoroughfares. There shall be provided ingress and egress so designed as to minimize traffic congestion. They shall be located not less than two hundred feet from any existing or future R district, and so screened from such district that any noise shall not disturb residents or prospective residents. Lighted signs and other lights shall be maintained in such a way as not to disturb neighboring residents. Any projection screen shall not be visible from any major or secondary thoroughfare.", "history": "(Ord. 296 § 24.10)" }, { "guid": "44652652", "number": "§ 40.26.120", "title": "Fertilizer plants.", "text": "Fertilizer plants in yards shall be no closer than two hundred feet to any existing or future residential district as shown in the city master plan, and shall provide off-street parking and loading areas together with ingress and egress so designed as to minimize traffic hazard and congestion, and shall show that odor, dust, noise and drainage shall not constitute a nuisance to surrounding properties.", "history": "(Ord. 296 § 24.13)" }, { "guid": "44652653", "number": "§ 40.26.130", "title": "Filling stations, automobile service stations, etc.", "text": "No filling station, automobile service station, gasoline service station, public garage or parking lot for twenty-five or more motor vehicles, or automobile repair shop, shall have an entrance or exit for vehicles within two hundred feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut. No such uses shall be permitted where any oil drainage pit or visible appliance for any such purpose other than filling caps, is located within twelve feet of any street lot line or within twenty-five feet of any R district, except where such pit or appliance is within a building. Open storage of materials and equipment, including rental trailers, shall be permitted only within an area surrounded and screened by a solid wall or fence not less than six feet in height.", "history": "(Ord. 296 § 24.14)" }, { "guid": "44652654", "number": "§ 40.26.132", "title": "Garage, patio and yard sales.", "text": "Garage, patio and yard sales, as defined in Section 40.01.010, shall be subject to the following standards:(a) No more than three sales may be conducted in any one calendar year.(b) Each sale shall last no more than two consecutive days beginning each day no earlier than 8:00 a.m. and ending no later than 5:00 p.m.(c) Personal property sold at a sale shall not include secondhand goods obtained for purposes of re-sale.", "history": "(Ord. 1939 § 2)" }, { "guid": "44652658", "number": "§ 40.26.135", "title": "(Reserved)", "text": "Prior history: Ord. 1787 § 25; repealed by Ord. 2677, 11/4/2025.", "history": "" }, { "guid": "44652659", "number": "§ 40.26.140", "title": "Golf driving ranges.", "text": "All golf driving ranges shall be located only on major or secondary thoroughfares. Flood lights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than two hundred feet from any adjacent existing or future H district. A temporary conditional use permit may be issued for a period of one year only, which permit may be renewed for a period of one year at the expiration of such permit; provided, that all requirements of this chapter have been and can continue to be complied with.", "history": "(Ord. 296 § 24.15)" }, { "guid": "44652660", "number": "§ 40.26.150", "title": "Home occupations.", "text": "The purpose of the home occupations provisions is to permit the conduct of a business in residential districts and residential uses in other districts, and is limited to those uses which may be conducted within a residential dwelling without in any way changing the appearance or conditions of the residence and neighborhood. (Also see definition per zoning ordinance, Section 40.01.010.)(a) Criteria. The following criteria shall be employed by the director to determine a valid home occupation.(1) No employment of help other than the members of the resident family or household and no more than one assisting full time equivalent employee. No more than one part-time employee from outside the household shall be working at any one time.(2) No external use of material or equipment not recognized as being part of the normal practices in the residential district.(3) No direct sales of products or merchandise from the home.(4) The use shall not generate pedestrian or vehicular traffic or parking needs beyond the normal to the residential district.(5) It shall not involve the use of commercial vehicles for delivery of materials to or from the premises.(6) The home occupation shall not involve the use of advertising signs on the premises except that one nameplate (name/occupation only) is permitted not to exceed one-half square foot in area. The nameplate is to be located flat against the building wall only.(7) No more than twenty-five percent of the area of one floor of the residence shall be used for such purposes.(8) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, or vibrations.(9) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.(10) No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from outside the premises.(11) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.(12) Persons with demonstrated physical handicaps may be permitted special review by the planning commission. The applicant may request waiving of one or more, or a portion thereof, of the above requirements per paragraphs (1) through (9) of this subsection (a). This special request shall be reviewed by the planning commission at a public hearing, involving the notification of property owners within one hundred feet of subject property. In reviewing the request, the planning commission shall consider any waivers based solely on the applicant's physical inability to function within the requirements of paragraphs (1) through (9) of this subsection (a).(13) In cases where the director is undecided about the compatibility of the use with the neighborhood, the director may issue temporary approval for a specific time period. After the stated time period, the director shall review this use, and the director shall consider adjacent property owner comments and any other information regarding the conduct and operation of the use. After such review, the director may approve such use permanently but must notify originally surveyed property owners.(14) A cottage food operation as defined in Section 113758 of the Health and Safety Code shall be a permitted home occupation provided it complies with all applicable provisions of this section and the Health and Safety Code, as it may be amended. Any applicant for a home occupation permit under this subsection shall demonstrate he or she operates a qualifying cottage food operation. Notwithstanding the foregoing, subsections (a)(3), (7) and (9) shall not apply to a cottage food operation.(b) Exclusions. The following uses are examples of those uses which are specifically prohibited:(1) Schools of any size or type;(2) Boarding or lodging house as defined in this chapter;(3) Antique shop;(4) Barber shop, beauty parlor (except hair cutting by appointment only and by not more than one of the occupants of the premises; provided, that not more than one hundred square feet is devoted to such use);(5) Funeral chapel or home, mortuaries;(6) Gift shop;(7) Medical or dental clinic or hospital, animal hospital or grooming facilities;(8) Day care centers or nursery schools;(9) Private clubs;(10) Restaurants;(11) Auto or motorcycle, boat or trailer, similar type repair shops;(12) Kennels;(13) Office of a health care provider when special mechanical equipment is required.(c) Application and procedure. Application for a home occupation shall be made to the community development and sustainability department on a form provided by the community development and sustainability department, and shall be accompanied by the appropriate filing fee.The decision of the community development and sustainability department shall be final unless an appeal is filed within fifteen days of the decision. Any appeal shall be reviewed by the planning commission.(d) Voiding of permit. The director may void any home occupation for noncompliance with the criteria set forth in this section.(e) Time limit. All home occupations shall be valid for a period of two years from initial date of approval.Request for a time extension shall be submitted to the community development and sustainability department in writing, accompanied by the appropriate fee and one month prior to expiration.", "history": "(Ord. 296 § 24.16; Ord. 875 § 14; Ord. 1006 § 1; Ord. 2390 § 2, 2012; Ord. 2407 § 1, 2013; Ord. 2677, 11/4/2025)" }, { "guid": "44652693", "number": "§ 40.26.160", "title": "Hospitals, churches, etc.", "text": "Hospitals, churches or other religious or eleemosynary institutions shall maintain a ten foot wide or greater landscaped strip or a solid six foot high fence on all property lines abutting any R district. All such uses in an R-1 or R-2 district shall be located on a major or secondary street.", "history": "(Ord. 296 § 12.17; Ord. 416 § 5; Ord. 601 § 1)" }, { "guid": "44652694", "number": "§ 40.26.170", "title": "Labor camps.", "text": "Labor camps shall comply with the following regulations:(a) No structure shall be located closer than fifty feet from the front lot line, and no closer than twenty feet from any property line. When adjoining an R district, no structure shall be closer than one hundred feet from the adjoining property line.(b) The aggregate site area shall contain not less than three thousand square feet of land area for each tent, trailer space, cabin or for each three workers, whichever is greater, and no structures shall be closer than ten feet from any other structure.(c) A usable recreation area shall be provided for each labor camp, and shall contain not less than two hundred square feet of area for each dwelling space or unit or for each three occupants, whichever is greater.(d) Access roads and parking areas shall have a durable and dust free surface, and the area shall be so graded as to dispose of all surface water accumulated within the area.(e) A conditional use permit for a labor camp will be issued for a period not to exceed one year subject to renewal.", "history": "(Ord. 296 § 24.18)" }, { "guid": "44652700", "number": "§ 40.26.180", "title": "Landing strips for aircraft; heliports.", "text": "All landing strips for aircraft or heliports shall be located no closer than one thousand feet from any dwelling, shall provide runways so oriented that aircraft landing and taking off do not normally pass directly over dwellings, shall be so located that air or land traffic shall not constitute a nuisance to neighboring uses. Adequate controls and measures shall be taken to prevent offensive dust, noise, vibration or bright lights. The facilities in question shall meet the standards of the Federal Aviation Agency for the particular class or field.", "history": "(Ord. 296 § 24.19)" }, { "guid": "44652701", "number": "§ 40.26.250", "title": "(Reserved).", "text": "Prior History: Ord. 296 § 24.20; Ord. 894 § 1; Ord. 920 § 1; Ord. 1627 § 52; Ord. 2390 § 2, 2012; repealed by Ord. 2677, 11/4/2025.", "history": "" }, { "guid": "44652708", "number": "§ 40.26.255", "title": "Dwelling units with more than five bedrooms in the R-1, R-2, R-2-CD, R-R and similar planned development districts.", "text": "(a) In addition to the standard findings for the issuance of a conditional use permit in Section 40.30.080, the planning commission or city council shall issue a conditional use permit provided the planning commission or city council are satisfied that the proposal meets the findings for approval. For the purposes of this finding and guideline, the functional common living area includes the kitchen, dining areas, living room, family room, and/or recreational room, not including spaces determined to be a bedroom based on the definition of a bedroom in Article 40.01 of this chapter.(b) The proposal that involves six or more bedrooms in a dwelling unit shall provide a minimum of one covered parking space on the property consistent with Article 40.25 of this chapter. The provisions of Section 40.25.120 (exceptions to parking standards for single-family and duplex dwellings) shall not be applicable to dwellings with six or more bedrooms.(c) Findings. In order to grant a conditional use permit for a dwelling with more than five bedrooms, the planning commission shall find the following as contained herein:(1) The proposal shall not reduce the compatibility of the use of the dwelling unit within the district.(2) The floor plan is clearly not intended to maximize the potential use of the property for rental purposes in a boarding house configuration as opposed to floor plan layouts typical of single-family houses.(3) The proposal shall not reduce the common living areas and utility areas so that the livability of the dwelling is substantially reduced due to lack of functional living space, space for congregation or lack of adequate utility area for single-family use.(4) The proposal shall not substantially change the floor plan in a manner that consists of predominately bedrooms with minimal common usable interior spaces.(5) A minimum of one required parking space shall be covered.", "history": "(Ord. 2276 § 5, 2007)" }, { "guid": "44652717", "number": "§ 40.26.256", "title": "Dwelling units with more than five bathrooms in the R-1, R-2, R-2-CD, R-R and similar planned development districts.", "text": "(a) In addition to the standard findings for the issuance of a conditional use permit in Section 40.30.080, the planning commission or city council shall issue a conditional use permit provided the planning commission or city council are satisfied that the proposal meets the findings for approval. For the purposes of this finding and guideline, the functional common living area includes the kitchen, dining areas, living room, family room, and/or recreational room, not including spaces determined to be a bedroom based on the definition of a bedroom in Article 40.01 of this chapter.(b) The proposal that involves six or more bathrooms in a dwelling unit shall provide a minimum of one covered parking space on the property consistent with Article 40.25 of this chapter. The provisions of Section 40.25.120 (Exceptions to parking standards for single-family and duplex dwellings) shall not be applicable to dwellings with six or more bathrooms.(c) Findings. In order to grant a conditional use permit for a dwelling with more than five bathrooms, the planning commission shall find the following as contained herein:(1) The proposal shall not reduce the compatibility of the use of the dwelling unit within the district.(2) The floor plan is clearly not intended to maximize the potential use of the property for rental purposes in a boarding house configuration as opposed to floor plan layouts typical of single-family houses.(3) The proposal shall not reduce the common living areas and utility areas so that the livability of the dwelling is substantially reduced due to lack of functional living space, space for congregation or lack of adequate utility area for single-family use.(4) The proposal shall not substantially change the floor plan in a manner that consists of predominately bedrooms with minimal common usable interior spaces.(5) A minimum of one required parking space shall be covered.", "history": "(Ord. 2633 § 6, 2022)" }, { "guid": "44652726", "number": "§ 40.26.260", "title": "Living groups.", "text": "All living groups shall be in compliance with the following standards:(a) Compliance with the noise ordinance;(b) Adequate maintenance of yards and house per city public nuisance ordinances and health/safety codes;(c) Adequate provision of automobile and bike parking per zoning ordinance standards;(d) Restriction of number of residents based on building code requirements and parking supply;(e) Requirements for good neighbor policies shall be approved by the city council by resolution. All living groups within the city shall adhere to these guidelines. The guidelines shall be reviewed annually by the City-UCD student liaison commission and the project planning commission for effectiveness and, if needed, changes to the guidelines shall be recommended by the project planning commission to the city council for amendment. If changes are made to the guidelines, all living groups will receive a copy of the new guidelines. It is the responsibility of the living group officers to educate members of the changes;(f) If a UCD campus organization, then registration as a campus organization at UCD and in good standing, copies of which statement/registration shall be provided the city;(g) An agreement with the property owner of the proposed residence shall be submitted to the community development and sustainability department which states that a living group can reside on the subject property;(h) Community development and sustainability department review of all flags and signs.", "history": "(Ord. 1329 § 5; Ord. 1737 § 18, 1994)" }, { "guid": "44652735", "number": "§ 40.26.261", "title": "Living groups which are conditional uses.", "text": "(a) Fencing requirements, especially between single-family dwellings, as may be required by individual conditional use permit;(b) An agreement with property owner of proposed residence, which states that all conditional use permit conditions will be met and complied with, shall be submitted to the community development and sustainability department prior to a conditional use permit being granted;(c) Compliance with city-required conditions of approval; and(d) Other conditions as may be required by the planning commission relative to individual proposed resident situations.", "history": "(Ord. 1737 § 19, 1994)" }, { "guid": "44652740", "number": "§ 40.26.262", "title": "Living groups which were permitted uses prior to Ord. 1737.", "text": "All living groups which were permitted uses prior to the adoption of Ordinance 1737 shall be considered legal nonconforming uses subject to the regulations set forth in Article 40.28 of this chapter. Such nonconforming uses shall conform to the requirements in Section 40.26.260. If the nonconforming living groups do not meet the requirements set forth in Section 40.26.260, the city council may declare the use to be a public nuisance and commence action or proceedings for the abatement of the use per Section 40.37.030.", "history": "(Ord. 1737 § 21, 1994)" }, { "guid": "44652741", "number": "§ 40.26.270", "title": "Family and group day care homes, nursery schools and day care centers.", "text": "(a) The following definitions shall be used to classify and describe the type of facility and the resultant requirements:(1) Family and Group Day Care Homes. Licensed by the county social welfare department, have no age restrictions, and serve as the residences of the licensees. Small family daycare homes serve a maximum of six children, or up to eight children if the criteria in Health and Safety Code Section 1597.44 are met, while large family day care homes serve from nine to twelve children, or up to fourteen children if the criteria in Health and Safety Code Section 1597.465 are met. Such number shall include all resident children in the homes younger than ten years old.A family or group day care home shall be considered a residential use of property for the purposes of this chapter.No conditional use permit or other zoning clearance shall be required for such a home which is not required of a single-family residence in the same zone.(2) Nursery Schools and Day Care Centers. Licensed by the state department of social welfare, serve groups of more than twelve children and have no age restrictions. Such care is specifically suitable for comprehensive, enriched partial or full day care for children between the ages of three and five years and for children needing after-school care who would benefit from large group contact.(b) Requirements for family and group day care homes, nursery schools and day care centers.(1) Large family day care homes, group day care homes, nursery schools, and day care centers shall have a minimum of:(A) Thirty-five square feet of unencumbered indoor space per child;(B) An adequate fence between adjoining properties; and(C) Seventy-five square feet of unencumbered outdoor space per child.(2) The facilities may also be subject to other requirements, such as the California Health and Safety Code, the California Administrative Code, and the Uniform Building Code;(3) Nursery schools and day care centers shall have conditional use permits.", "history": "(Ord. 296 § 24.21; Ord. 527 § 4; Ord. 683 § 1; Ord. 703 § 1; Ord. 1045 §§ 1, 2; Ord. 1073 §§ 1—8; Ord. 1198 § 8; Ord. 1212 § 1; Ord. 2165 § 5, 2004; Ord. 2359 § 10, 2010; Ord. 2677, 11/4/2025)" }, { "guid": "44652752", "number": "§ 40.26.280", "title": "Nursing homes.", "text": "Nursing homes shall comply with the following regulations:(a) Approval for a nursing home shall be obtained from proper agencies concerning health and safety conditions, and such home shall be licensed by such agencies.(b) Any such use shall prove that there will be no harm to adjacent existing or potential residential development.", "history": "(Ord. 296 § 24.22)" }, { "guid": "44652755", "number": "§ 40.26.290", "title": "Poultry and hog farms.", "text": "Any building housing over six chickens or other poultry or housing hogs shall be distant not less than two hundred feet from every lot line. Proponent shall show that odor, dust, noise and drainage shall not constitute a nuisance or hazard to adjoining property or uses.", "history": "(Ord. 296 § 24.23; Ord. 316 § 20)" }, { "guid": "44652756", "number": "§ 40.26.300", "title": "Quarries, mines and gravel pits.", "text": "(a) Extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any district established by this chapter unless and until a conditional use permit shall first have been secured therefor, except for the following defined extractions and deposits:(1) Excavations for the foundations or basements of any building or swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed for more than ten feet in vertical height, or when less than one thousand cubic yards of earth is removed from the premises.(3) Grading in a subdivision which has been approved by the city in accordance with Chapter 36.(4) Any quarry existing and operating as such on March 6, 1963, shall obtain a conditional use permit and conform with the provisions of this chapter within one year of such date.(b) The planning commission shall have the power to grant conditional use permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building and construction materials.(c) The city engineer shall make such inspections as he or she deems necessary or as required by the planning commission to ensure that the terms and provisions of the conditional use permit are being complied with, and to determine the conditions which should be imposed with the granting of a conditional use permit or if a conditional use permit should be granted.(d) All inspection services shall be paid for by the applicant or permittee at the actual cost thereof to the city. As soon as reasonably possible after any such liability has been incurred, the applicant or permittee shall be billed for such expense. Payment shall be due within thirty days after billing.(e) The applicant for a conditional use permit for the extraction or deposits of materials as provided in this chapter shall deposit with the city clerk, at the time of the application, the sum of one hundred dollars as a deposit to ensure payment of inspection fees required herein. This deposit shall be refunded to the applicant when the conditional use permit expires, or is terminated; provided, that all inspection fees have been paid. This deposit shall be available to reimburse the city for any expense incurred in carrying out the required inspections which has not been paid for within thirty days after billing same. The applicant or permittee shall be notified immediately upon the dissemination of the deposit and shall have thirty days thereafter to reinstate the amount of deposit. Failure to so reinstate the deposit shall be considered as an abandonment of any application or a violation of a condition of any conditional use permit, as applicable.(f) The conditions under which a conditional use permit for excavation from or depositing on the earth of such materials may be issued, may include but are not limited to any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare, including insurance against liability arising from production or activities or operations incident thereto, completion of the work and cleaning up and planting in accordance with approved plans, designation of area in which work may be done, designation of the slope to which the excavation may be made or the grade of fill slopes, provisions for controlling dust, hours during which operations may proceed, precautions which shall be taken to guide safe traffic movements in and around and by such operation, enclosure by fences of exterior boundaries of property to be used, posting of a good and sufficient bond to assure compliance with the conditional use permit and any other conditions deemed necessary by the planning commission. The planning commission may include any conditions recommended by the city engineer which are necessitated by or based upon standard engineering practices.", "history": "(Ord. 296 § 24.25; Ord. 1444 § 10; Ord. 1923 § 10)" }, { "guid": "44652767", "number": "§ 40.26.310", "title": "Recreational facilities.", "text": "Defined as amusement centers, bowling alleys, dance halls and similar places of amusement, but excludes cardrooms. Recreational facilities shall provide off-street parking and ingress and egress designed so as to minimize traffic congestion, shall be not less than twenty feet from any property line, shall provide a minimum six-foot high solid board fence or masonry wall separating the entire area from abutting residential property and shall show that adequate controls and measures will be taken to prevent excessive noise.", "history": "(Ord. 296 § 24.26; Ord. 1821 § 5)" }, { "guid": "44652768", "number": "§ 40.26.312", "title": "Recreational vehicles used as dwellings.", "text": "Utilization of a camper, camp trailer, tent trailer, motorhome of similar type vehicle, parked either on a public street or private property, for living or sleeping purposes for more than seven consecutive days shall be prohibited except in an lawfully operated mobile home park, travel trailer park, or campground.", "history": "(Ord. 1939 § 2)" }, { "guid": "44652769", "number": "§ 40.26.320", "title": "Shooting clubs.", "text": "A shooting club shall not be located within one-half mile of any developed residential, commercial or industrial area, or place of public assembly. A conditional use permit may be granted to be in force for one year at the expiration of each conditional use permit; provided, that the above requirements can continue to be met.", "history": "(Ord. 296 § 24.27)" }, { "guid": "44652770", "number": "§ 40.26.330", "title": "Stables and paddocks.", "text": "All private stables and paddocks shall be located on the rear half of a lot and not closer than twenty feet to any property line, nor closer than forty feet to any dwelling on the same or adjoining property.", "history": "(Ord. 296 § 24.28)" }, { "guid": "44652771", "number": "§ 40.26.340", "title": "Street frontage required.", "text": "Except as permitted by other provisions of this chapter, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least thirty-five feet on a street.", "history": "(Ord. 296 § 24.29)" }, { "guid": "44652772", "number": "§ 40.26.350", "title": "Swimming and decorative pools.", "text": "(a) A private pool, as regulated in this section, shall be any pool, pond or lake, whether above or below the ground, containing water and not located within a completely enclosed building.(b) A swimming pool shall be any such pool, pond or lake, capable of containing water in excess of eighteen inches in depth. All other pools, ponds or lakes shall be defined as decorative pools. No such pools shall be located or permitted in any R district, except as an accessory use.(c) Swimming pools shall meet the following conditions and requirements:(1) The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located, except in cases where it may be a conditional use for the purpose of swimming lessons.(2) Swimming pools or spas which have mechanical equipment or which have structural components integral with excavations or earth may not be nearer than five feet to any lot line. The mechanical equipment may be placed nearer to the property line and in all other cases, the pool may be nearer to the property line, unless prohibited by nearby easements.", "history": "(Ord. 296 § 24.30; Ord. 305 § 1; Ord. 489 § 1; Ord. 780 § 1; Ord. 902 § 1; Ord. 1830 § 1, 2)" }, { "guid": "44652778", "number": "§ 40.26.360", "title": "Tract and subdivision offices, and temporary trailer uses.", "text": "A temporary tract or subdivision office, or temporary trailer in any district shall be located only on the property to which it is an appurtenant use. This use shall be terminated upon completion of construction activities for the principal use on the same property or one year from the date of authorization, whichever occurs first unless otherwise specified with approval.A temporary tract, subdivision office, or temporary trailer may be approved by the director as a temporary use pursuant to Article 40.30B of this chapter if the following requirements are satisfied:(a) Adequate on-site parking is provided; and(b) The structure complies with setbacks required in the district.", "history": "(Ord. 296 § 24.3.1; Ord. 316 § 22; Ord. 1177 § 1; Ord. 1845 § 3; Ord. 1906 § 3, 1997; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44652781", "number": "§ 40.26.370", "title": "Trailers, trailer parks and mobile homes.", "text": "(a) Any enlargement or extension of any existing mobile home park shall require a conditional use permit as if it were a new use.(b) Except as permitted in Sections 40.07.010 through 40.28.010 and 40.26.380, no person shall use a trailer or mobile home, be an inhabitant of, reside in or otherwise occupy a trailer or mobile home for living purposes or permit the same to be done, or maintain, store or keep a trailer or mobile home for any such purpose in any district.(c) In any district, the wheels or any similar transporting devices of any mobile home, trailer or camp car shall not be removed except for repairs, nor shall such mobile home, trailer or camp car be otherwise permanently fixed to the ground by any person in a manner that would prevent ready removal of said mobile home, trailer or camp car.(d) No vehicular entrance to or exit from any mobile home or trailer park shall be within two hundred feet along streets from any public playground, school, church, hospital, library or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.(e) All areas for automobile access and parking shall comply with the applicable provisions of Sections 40.25.010 through 40.25.120.(f) All buildings and mobile homes shall be located not less than twenty feet from all lot lines and all buildings shall not occupy in the aggregate more than twenty-five percent of the area of the lot. The required twenty feet shall be landscaped.(g) Any mobile home or trailer park site shall have a minimum site area of ten acres, and shall be developed to a density not in excess of nine trailers per acre of land so developed.(h) A mobile home park shall be located only upon a major or secondary street.(i) Sanitary regulations prescribed by the state, city or county, together with all amendments thereto subsequently adopted and as may otherwise be required by law, shall be complied with.(j) A mobile home or trailer park shall be located on the perimeter of a low density residential area where a transition is being made from a low density residential area to a higher density residential, commercial or industrial area.(k) Twenty percent of the gross area of any mobile home or trailer park shall be devoted to useable open space. This open space and any other area not improved for parking, circulation, buildings, and mobile home sites shall be completely landscaped, and the entire mobile home or trailer park shall be maintained in a condition commensurate with the standard of condition maintained by mobile home and trailer parks of similar size and cost in the area.(l) In addition to any other requirements for a mobile home and trailer park site contained in this section, the planning commission or city. council may require that such site be improved by walkways or paths reasonably necessary for the circulation and movement of pedestrians and bicycles.(m) If mobile homes or trailers are stored on the site of a mobile home park, they shall be screened with a six-foot fence.(n) A twenty-foot width landscaped area shall be required on all sides of the trailer park across the street from property zoned commercial or industrial.", "history": "(Ord. 296 § 24.32; Ord. 333 § 4; Ord. 421 § 1; Ord. 501 § 4; Ord. 1141 § 1)" }, { "guid": "44652796", "number": "§ 40.26.380", "title": "Standards for mobile homes and manufactured homes in single-family home zoning districts.", "text": "The following standards are to apply:(a) Manufactured homes are a permitted use on any lot zoned for single-family residential uses. The manufactured homes shall be subject to the same growth management system as conventional single-family homes;(b) Manufactured homes shall be required to be placed on a foundation system as required by Section 65852.3 of the State of California Government Code;(c) Manufactured homes shall provide parking, including covered parking, in accordance with Sections 40.25.100(c) and 40.25.090(f) and (g);(d) Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space shall be subject to the same requirements as the zone in which the manufactured home is located; and(e) Roof overhangs, roofing materials and siding materials shall be in character with the overhangs and materials which are commonly used in conventional single-family homes in the subject subdivisions (or in adjacent subdivisions if there are not sufficient examples in the subject subdivision). A roof overhang requirement not exceeding sixteen inches may be imposed. Manufactured homes installed in a district with design guidelines shall comply with the guidelines for the district.", "history": "(Ord. 1141 § 2; Ord. 2072 § 2, 2001)" }, { "guid": "44652802", "number": "§ 40.26.390", "title": "Storage of automobiles and other motor vehicles.", "text": "No sales, dead storage, repair work, dismantling or servicing of any automobile or other motor vehicle or parts thereof shall be permitted in the front yard of any residential property; provided, that nothing herein contained shall preclude the repair, dismantling or servicing of any such automobile or other motor vehicle if the same continues for a period not to exceed seventy-two hours; and provided further, that \"dead storage\" as the same is used in this section shall refer to the storage of any automobile or other motor vehicle which is inoperable and remains inoperable for a period in excess of one hundred twenty hours.", "history": "(Ord. 296 § 24.33; Ord. 377 § 7)" }, { "guid": "44652803", "number": "§ 40.26.400", "title": "Amusement arcades.", "text": "(a) Amusement device. Any machine, apparatus or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to such machine or connected therewith, operates, or which may be operated for use as a game, contest, or amusement and which does not contain a payoff device for the return of coins, tokens or merchandise. This includes but is not limited to electronic, marble and pinball games, but shall not include coin-operated music players or billiards.(b) Primary amusement arcades. Any public place of amusement where the revenues received from the management of amusement devices is the primary source of revenue, regardless of the number of machines in such an establishment.(c) Secondary amusement arcades. Any public place where amusement devices provide less than fifty percent of the total revenue received. The presence of amusement devices in such an establishment should be incidental to the primary activity of the business (e.g., a bona fide eating place or a market).(d) Operator. Any person who, as owner, lessee, employee, agent, or otherwise, operates, installs, keeps, maintains, permits or allows to be operated, installed or maintained, any coin-operated amusement device in or upon any premises owned, leased, managed, operated or controlled by such person with the city.(e) Conditional use permit required. Conditional use permits shall be required for the following arcades pursuant to Article 40.30 of this chapter:(1) All primary arcades, regardless of the number of devices in such an establishment or the zone in which such an arcade exists; and(2) All secondary arcades having five or more devices, regardless of the type of establishment or the zone in which such an establishment exists.(3) The operator of a primary or secondary amusement arcade shall notify the community development and sustainability department if the number of devices is proposed to increase above the number specified in the originally-approved conditional use permit and an additional conditional use permit shall be required.(4) The planning commission may approve a conditional use permit application for an amusement arcade to be located in the C-C (central commercial), C-N (commercial neighborhood), or CMU (commercial mixed use) districts, or related planned development-zoned properties accommodating similar uses. A follow-up review may be scheduled and other conditions imposed if deemed to be in the public interest.(f) Parking requirements. One automobile parking space shall be provided for each three hundred square feet of gross floor area.(g) Existing arcades. Any use which constitutes a primary or secondary amusement arcade on the date the ordinance codified in this section becomes effective shall comply with the provisions of this section within sixty days thereafter. The fee for all permits for amusement arcades shall be waived for persons or businesses which have amusement devices on the effective date of the ordinance codified in this section.", "history": "(Ord. 1191 § 2; Ord. 2359 § 10, 2010; Ord. 2421 § 7, 2013)" }, { "guid": "44652815", "number": "§ 40.26.410", "title": "Sex oriented businesses.", "text": "(a) Purpose. The city council finds that sex oriented entertainment businesses have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other, located in the vicinity of facilities frequented by minors, and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area and preserve the public health, safety and welfare of the citizenry.(b) Definitions. For purposes of this section:Sex oriented entertainment businessmeans any sex oriented bookstore, sex oriented motion picture theater, sex oriented hotel or motel, sex oriented motion picture arcades, sex oriented cabaret, model studio, sexual encounter center, or any other business or establishment which offers its patrons services or entertainment of which a preponderance of the business is characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.Sex oriented bookstoremeans an establishment where a preponderate portion of its stock in trade books, magazines and other periodicals is distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a preponderate segment or section devoted to the sale or display of such material.Sex oriented motion picture theatermeans an enclosed or unenclosed building or structure where a preponderate portion of the material presented therein is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.Sex oriented hotel or motelmeans a hotel or motel wherein a preponderate portion of any material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.Sex oriented motion picture arcademeans any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons, and where a preponderate portion of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.Sex oriented cabaretmeans a nightclub, theater or other establishment which features live performances where a preponderate portion of the performances are by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, whose performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.Model studiomeans any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.Sexual encounter centermeans any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.Specified sexual activitiesshall include:(A) Human genitals in a state of sexual stimulation or arousal;(B) Sex acts normal or perverted, actual or simulated, including, but not limited to, masturbation, ejaculation, sexual intercourse, coitus, oral copulation, anal intercourse, oral anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism or zooerasty;(C) Fondling or other touching or sexual stimulation of human genitals, pubic region, buttock, anus or female breast;(D) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;(E) Touching, fondling, masturbating, copulating or other erotic or lewd contact with an animal by a human being;(F) Human excretion, urination, menstruation, vaginal or anal irrigation.Specified anatomical areasshall include:(A) Less than completely and opaquely covered (i) human genitals or pubic region; (ii) buttock; (iii) anus; (iv) female breast below a point immediately above the top of the areola; and(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.(c) Special regulations.(1) The establishment of any sex oriented entertainment business in any zone wherein such use is permitted under the provisions of this chapter shall comply with the special regulations contained in this section in addition to the regulations applicable to the zone wherein the use is established. No sex oriented entertainment business shall be established:(A) Except in an industrial (I) or industrial research (I-R) district, or in those areas of a planned development (P-D) district designated for industrial (I) or industrial research (I-R) uses;(B) Within five hundred feet of any area zoned or used for residential purposes;(C) Within one thousand five hundred feet of any other sex oriented entertainment business;(D) Within five hundred feet of any public or private school, public park, playground, recreational area, public building, church, or any noncommercial establishment operated by a bona fide religious organization.(2) The establishment of any sex oriented entertainment business shall include the operating of such a business as a new business, the relocating of such business, or the conversion of an existing business location to any sex oriented entertainment business use.(3) Distances required by this section shall be measured from the nearest property lines of the parcels on the zone in question or containing the use in question.(4) All windows, doors or other apertures shall be architecturally screened or otherwise obscured so as to prevent the viewing of the interior of the sex oriented entertainment business from without.(5) No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way.(6) All sex oriented entertainment businesses shall provide security personnel to control behavior of both indoor and outdoor patrons so they do not violate any laws. The security personnel shall be provided at a ratio of one per ten parking spaces.(7) No loitering or consumption of alcoholic beverages shall be allowed in sex oriented entertainment business parking lots. Parking lots shall contain signage stating that loitering and consumption of alcoholic beverages are prohibited in parking lots.(8) Total sign area shall not exceed twenty square feet. Businesses located on a corner lot may have a maximum of twenty-five square feet.(9) Parking shall be provided at a ratio of one space per two seats and/or one space per one hundred square feet of gross leasable floor area, as determined by the community development and sustainability department. The department's determination shall be based on the extent to which the sex oriented entertainment business provides seating for patrons.(d) Waiver of locational provisions.(1) Any property owner or his or her authorized agent may apply to the project planning commission for a waiver of any locational provisions as set forth in this section. The project planning commission, after a hearing, may waive any locational provision, if all the following findings are made:(A) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;(B) The possible harm created by the proposed use is outweighed by its benefit;(C) The proposed use will not enlarge or encourage the development of a blighted or skid row area;(D) The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal;(E) All applicable regulations of this Code will be observed.(2) Notwithstanding any other provision of this Code, original jurisdiction to hear applications for waivers under this section is vested in the project planning commission. The procedure for this hearing shall be the same as that provided for in this chapter for the issuance of conditional use permits by the project planning commission, including the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.", "history": "(Ord. 1735 § 1)" }, { "guid": "44652858", "number": "§ 40.26.420", "title": "Drive-through facilities.", "text": "All drive-through facilities shall comply with the following standards:(a) All drive-through facilities shall require a use permit approval by the planning commission. Drive-through facilities may be allowed as conditional uses, subject to the provisions of this section, in those planned development zones adopted by individual ordinance, if office, retail or industrial uses are permitted in the zone district.(b) Drive-through facilities may be approved only as accessory uses to a permitted use or facility. For example, a drive-through window for a restaurant may be approved only as an accessory to a sit-down restaurant.(c) Locations at or near major intersections with traffic congestion may be approved only if it is demonstrated that the drive-through will not significantly contribute to carbon monoxide \"hot spots.\" For the purposes of this document, \"hot spots\" are defined as areas having relatively high concentrations of carbon monoxide as indicated by the most recent data from the Yolo-Solano air pollution control district or other sources determined by the director.(d) No more than one drive-through lane will be approved for any single facility.(e) Entries and/or exits to drive-through facilities shall be a minimum of one hundred feet from any intersection, or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from road intersections may be approved if the public works director determines that public safety and/or the efficiency of traffic circulation are not being compromised.(f) Drive-through stacking lanes shall be a minimum one hundred feet from any residential lot. The planning commission may modify or waive this requirement if the property is located in a mixed use zoning district and if it determines that the impacts to nearby residences will be minimal.(g) Speakers at drive-throughs shall not be audible from adjacent residential uses. Sound attenuation walls, landscaping or other mitigation measures may be required as necessary.(h) Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility.(i) Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.(j) Drive-aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum six cars (approximately one hundred fourteen feet).(k) No drive-through aisles shall exit directly into a public right-of-way. Aisles shall be integrated with the on-site circulation and shall merge with the driveway.(l) Drive-aisles shall be separated from landscaping areas by a six-inch-high, poured in place, concrete curb or other suitable protective device meeting city approval.(m) All service areas, restrooms, and ground mounted mechanical equipment shall be screened from public view.(n) Landscaping shall screen drive-through aisles from the public right-of-way and shall be used to minimize the visual impacts of readerboard signs and directional signs.(o) Menu board shall be a maximum of thirty square feet, with a maximum height of six feet, and shall face away from the street.(p) Drive-throughs shall be architecturally compatible with nearby structures and complement existing or planned streetscape elements such as light poles and fixtures, sidewalk pavers, street trees and benches. Additionally, drive-throughs shall provide landscaping to buffer adjacent uses, and provide adequate lighting which is shielded from adjacent properties.", "history": "(Ord. 1739 § 10; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44652875", "number": "§ 40.26.430", "title": "Drive-through facilities in the commercial mixed use (CMU) zone.", "text": "Drive-through facilities in the CMU zone shall meet the requirements of Section 40.26.420, with the following exceptions:(a) Drive-through facilities may be approved as a principal use, if the use is permitted in the CMU zone, if the following criteria are achieved:(1) Landscape coverage for all drive-through facilities, where the drive-through is the principal use, shall be a minimum of forty percent of the lot on a corner lot and a minimum of fifty percent of the lot on a mid-block lot.(2) The drive-through use shall also be designed to serve separately pedestrians and persons arriving by bicycle.(b) Up to two drive-through lanes may be approved for any single facility, provided that:(1) The property is located on a corner;(2) The property provides driveway access from each street; and(3) Traffic flow for the two lanes is in the opposite direction of each other.(c) Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of six cars (approximately one hundred fourteen feet). If the facility provides two drive-through lanes, the total of both drive-through lanes shall be one hundred fourteen feet. The minimum drive-through lane length shall be fifty-seven feet.", "history": "(Ord. 1793 § 2; Ord. 1903 § 2)" }, { "guid": "44652884", "number": "§ 40.26.440", "title": "Open-air vending machines.", "text": "(a) Findings of fact. The city council finds and declares that:(1) The primary purpose of public sidewalks is the free and unobstructed right of pedestrian travel in a clean, safe, and orderly manner;(2) The use of public space for commercial enterprise has generally been precluded in order to preserve these areas for public purposes, and to avoid the appropriation of public property or the creation of unfair economic advantage to businesses competing in commercial districts on private property;(3) Nevertheless, the sale and distribution of newspapers, news periodicals, and other publications/printed material has historically taken place in newsracks located on city-owned property and/or within the public right-of-way. These same areas are increasingly being used for other open-air vending machines as well. Therefore, access to these areas for this purpose should not be unreasonably or absolutely denied;(4) The distribution of newspapers via newsracks in business areas accommodates convenient dissemination of the news and encourages an informed citizenry, even though such distribution competes with normal retail or subscription methods. The availability of other open-air vending machines provides a public convenience and encourages non-vehicular trips which improves air quality and neighborhood livability;(5) The unregulated placement and maintenance of open-air vending machines on city-owned property and/or in the public right-of-way can pose a hazard and annoyance to pedestrians, abutting land owners, vehicles, and the maintenance of public improvements;(6) The construction and location of numerous disparate types of open air vending machines creates physical and visual clutter in the public right-of-way and setbacks, and is unsightly and not in keeping with the aesthetic pattern the city seeks to promote;(7) The aesthetically pleasing and functional design, and regulation, of the use of public rights-of-way throughout the city are an important component of the city's efforts to improve and beautify its business areas. The core area specific plan calls for a coordinated system of newspaper vending machines in order to reduce the proliferation, clutter, unsightliness and hazards of individually placed newsracks;(8) Governmental interest in regulating health, safety, and welfare, public interest in freedom of expression, and competing private commercial interests in providing goods and services, require reasonable accommodation which can only be satisfactorily achieved through regulation which imposes reasonable time, place, and manner regulations upon the use of open-air vending machines;(9) In order to create and preserve design conformity in a special improvement district (such as those pursuant to the Parking and Business improvement Area Law of 1989) or program, the city reserves the right to review, and in its sole discretion, approve particular materials, design, location and placement, dimensions and colors of open-air vending machines which are to be placed on city-owned property and/or within the public right-of-way. This may include consolidated racks that have one design and multiple openings through which periodicals or products are dispensed. Consolidated racks are also referred to as \"multiple dispenser racks\";(10) That the proposed amendment is in general in conformance with the city's general plan;(11) That the public necessity, convenience, and general welfare require adoption of the proposed amendments.(b) Statement of purpose. It is the purpose of this section of the Davis Municipal Code to recognize that:(1) Open-air vending machines are an acceptable incidental use on certain city-owned property and/or within the public right-of-way, and shall be reasonably accommodated so long as such use is not inconsistent with the underlying dedication for public right-of-way or other public use, does not impede pedestrian travel, does not block lines of sight for motorists or bicyclists, does not interfere with the rights of adjoining property owners, makes reasonable accommodations for the physically challenged and takes place in full compliance with the requirements of this section and all other applicable regulations of the city.(2) Construction, location, placement, and maintenance of open-air vending machines must be reviewed in relationship to proximity, design, density, and use of other existing or proposed street improvements and furniture of the streetscape, including, but not limited to: sign and lamp posts, parking meters, pedestrian benches, trash receptacles, trees and planters, telephone booths, traffic devices, bus shelters and benches, bus stop areas, loading zones, postal receptacles, bicycle racks, bicycles parking, ADA access, bollards telephone and power poles, mail boxes, ramps drinking fountains and other landscaping.(c) Permit requirement. It is unlawful to place or maintain an open-air vending machines on property owned by the city or on public sidewalks or other public rights-of-way without obtaining an encroachment permit, subject to the provisions of this section and all other applicable regulations of the city.(d) Application procedure.(1) A request for an encroachment permit for the purposes of placement or maintenance of one or more open-air vending machines on city owned property and/or within the public right-of-way shall be submitted to the public works department on appropriate forms as established by that department, and shall be accompanied by the following supplemental information.(2) Supplemental Information.(A) The name, address, telephone number, fax number, cell-phone number, and e-mail address of the applicant and/or owner of the open-air vending machine. If applicant and/or owner is a subsidiary, the name, address, telephone number, and e-mail address of the parent company shall be supplied.(B) The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's open-air vending machine(s).(C) Evidence of an applicable City of Davis business license.(D) The name and a description of items/materials to be distributed by each machine, and/or the collection service provided.(E) The number of open-air vending machines on public rights-of-way within the city that are under the control of the applicant.(F) Two each eight and one-half by eleven inches reproducible copies of a map showing the locations of all open-air vending machines within the city controlled by the applicant. If the applicant distributes more than one publication/item/material through the open-air vending machine, the map shall so-identify each machine.(G) Two each eight and one-half by eleven inches reproducible copies of a site plan, diagram or photo for each open-air vending machine showing the location of the machine and any fixed elements within a twenty-five-foot radius of the machine. Fixed elements shall include, but are not necessarily limited to, light/sign poles/posts, trees/landscape strips, traffic lights, raised planter curbs, tree-wells, planters, waste containers, postal units, fire hydrants, benches, bicycle racks, and other streetscape elements as listed in Section 29.184.1(b)(2). The site plan shall also show within a twenty-five-foot radius, curb features (e.g. rolled, cut, damaged, etc), parking, bus stops, crosswalks, loading or other zones, ADA access points, and entryways/windows/outdoor uses of abutting land uses. The site plan shall accurately show the location of each open-air vending machine and distances from other plotted features.(H) A written description of the dimensions, colors and material composition of each open-air vending machine, a photograph or accurate depiction of the machine, proposed method for anchoring the machine (if applicable), and proposed regular machine maintenance and maintenance schedule.(I) The evidence of insurance and city-indemnification described in this article.(3) As a part of the review of the application, the public works department shall route the application and supplemental information to the director of the community development and sustainability department (or a designee) for review and comment. Concerns of the community development and sustainability department shall be addressed and any recommended conditions shall be included as a part of the encroachment permit, if granted.(A) Denial of an application will occur if the application is incomplete or if additional information is requested by the city. An application may also be denied if the applicant has other open-air vending machine(s) that are not in compliance with this article.(B) Once submitted, a permit application will be reviewed and acted upon within fifteen business days. If the applicant is not notified within fifteen business days about the approval, denial, or extension of the permit review period, then the permit application will be considered approved. The permit review period may be extended by mutual agreement if additional information is requested by the city from the applicant or if special conditions are placed on the permit by the city.(e) Fees. To cover the costs of processing an application, applicants for an encroachment permit for the purpose of placement or maintenance of one or more open-air vending machines, shall pay an encroachment permit fee as established by resolution of the city council from time to time.(1) A one-time site inspection fee for each vending machine location shall also be charged. Site fees are subject to change annually by the city council.(2) Site inspection fees shall be waived for vendors who participate in city-sponsored modular units with multiple dispenser racks.(f) Transitional filings. After the ordinance codified in this section becomes effective, any person or entity owning and/or maintaining an existing open-air vending machine on city-owned property and/or within the public right-of-way shall obtain a permit by filing an application and appropriate fees, and complying with the requirements of this regulation within four months of the effective date of this article.(g) Performance standards. All encroachment permits issued pursuant to the terms of this article, for the purposes of placement or maintenance of an open-air vending machine, shall conform to all of the following requirements. No permit shall be issued which does not so conform.(1) Permitted Zone. Open-air vending machines shall be limited to the approved city-owned property and/or within the public rights-of-way as described in this article including bus stops and train stations. This article does not apply to open-air vending machines on private property.(2) Location and Placement. Open-air vending machines shall not be located:(A) Within fifteen feet of any water feature, art or monument;(B) Within any raised planter unless otherwise approved;(C) Within any landscaping unless otherwise approved;(D) So as to obstruct or interfere with pedestrian travel; or to restrict, when open, the clear space for the passageway of pedestrians to less than five feet;(E) Within two feet from the face of a street curb or so as to impede accessibility to and from vehicles parked adjacent to the curb;(F) So as to impair the ability to maintain public improvements;(G) Within five feet or so as to impede or interfere with the reasonable use of a crosswalk, display window, or building entrance;(H) Within five feet or so as to impede or interfere with the reasonable use of any kiosk, bench, trash receptacle, drinking fountain, bicycle rack, driveway, alley, bus shelter or other pedestrian amenity;(I) Within five feet or so as to interfere with the reasonable use of any fire hydrant, traffic signal box, fire call box, police call box, or other emergency facility or utility device;(J) Within five feet or so as to impair with or interfere with the vision of operators of vehicles and bicycles at street intersections;(K) Within two hundred feet of any other multiple dispenser rack facility in the public right-of-way;(L) Within fifteen feet of the curb return of any unmarked crosswalk;(M) Within five feet ahead of and fifteen feet to the rear of any sign or pavement marking for a designated bus stop measured parallel to the flow of traffic;(N) Where a public health, safety, or traffic hazard is created.(3) Density. The number of open-air vending machines at a given location or within proximity of one another shall be limited, if in the opinion of the director of public works (or a designee), they will be inconsistent with the city's findings of fact (Section 40.26.440(a)), fail to meet performance standards established herein, particularly the general standard (Section 40.26.440(g)(1)), or there will be a group of more than ten machines at any location. No group of open-air vending machines placed along a curb shall extend for a distance of more than fifteen feet and shall be no closer than one hundred feet to another group of open-air vending machines along a curb. The density limitations shall not apply to city-sponsored, multiple dispenser racks.(4) Sidewalk Clear Zone. A five-foot minimum clear dimension for pedestrian use in front of an open-air vending machine is required within which no other uses permitted by encroachment (e.g., sidewalk dining, outdoor advertising, outdoor sales, bicycle parking, etc.) or fixed features (e.g., newsracks, poles, posts, etc.) shall occur.(5) Anchorage. If a proposed open-air vending machine is to be anchored in any way, the proposed method of anchoring shall be described in detail on the encroachment permit application. Open air vending machines may not be anchored or attached in any way to any public property including, but not limited to: streetlight standards, traffic signal poles, fire hydrants, fire alarm pedestals, refuse or recycling containers, bicycle racks, utility poles, bus shelters, traffic and street sign poles or to any tree, shrub or other plant. The permittee shall be fully responsible for the cost of restoring the condition of the site due to any damage or repairs caused or necessitated by the installation or removal of any machine.(6) Advertising. Open-air vending machines shall carry no advertising or other signage, other than a logo or the name of the publication/item/material being distributed, or the service being provided.(7) Appearance. Open-air vending machines shall be maintained in good operating condition; free of graffiti, stickers, posters, and other unapproved adornments; free of rust and in good repair; clean, safe, and sanitary, and in full compliance with the site plan and conditions as approved.(8) Coin-operated open-air vending machines shall be equipped with a coin-return mechanism. The name and current telephone number or e-mail address of the distributor shall also be displayed in a readily visible place in order to report any malfunction or to secure a refund.(9) Design Conformity. In the event that the design or theme of a special improvement district or program requires that open-air vending machines be of particular materials, color, design, or dimensions, any permittee with open-air vending machines within such district or program boundaries shall be notified of the pending requirements and shall comply with them within a reasonable amount of time to be established by the city.(A) All modular units used in city-sponsored, multiple dispenser racks, in designated areas in the downtown area (First to Fifth Streets, A to G Streets) shall be of the Sho-Rack Concourse Series, models TK-97, K-49-16, TK-98, or approved equivalent. All opaque surfaces of the dispenser rack and the mounts shall be in the Sho-Rack standard color \"green.\" The logo or name of the publication/item/material shall only be displayed in the color \"white\" on the front of these city-sponsored racks.(B) Priority for rack location within city-sponsored, multiple dispenser racks shall be given to daily publications which are published within the Davis city limits and are published at least five times per week year-round.(10) Sex-Oriented. Open-air vending machines which distribute sex-oriented publications/materials are considered sex-oriented businesses and subject to the additional restrictions on location, and other provisions, as contained in this Code.(11) Location Priority. If sufficient space does not exist to accommodate all open-air vending machines sought to be placed at one location without violating the standards set forth in this article, priority will be given on a first come, first served basis, to permit applicants as follows:(A) First priority, on a first-come, first-served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper), published at least five times per week year-round;(B) Second priority, on a first-come, first-served basis, shall be given to publications published more than once but less than five days per week;(C) Third priority, on a first-come, first-served basis, shall be given to weekly publications;(D) Fourth priority, on a first-come, first-served basis, shall be given to bi-weekly publications (published less than once per week but more than once per month) and;(E) Fifth priority, on a first-come, first-served basis, shall be given to monthly or less frequent publications.(12) Dimensions. Unless otherwise approved, no individual open-air vending machine shall be installed in the public right-of-way that exceeds the following dimensions: forty-nine inches high, measured from the ground to the top of the machine, two feet deep, and twenty-five inches wide.(13) Abandoned, Inoperative, or Non-Compliant Machines. Abandoned, inoperative, or non-compliant open-air vending machines shall be removed from city owned property and/or from within the public right-of-way within thirty days of notification by the city. Any machines remaining over thirty days after notification shall be impounded and stored by the city for up to thirty days. The city shall take reasonable efforts to determine the owner of impounded machines and notify them of the impoundment. The cost of removal and storage shall be charged the owner whether or not the owner chooses to retrieve the machines once impounded. Machines left unclaimed after thirty days will be deemed unclaimed property and disposed of pursuant to law.Open-air vending machines shall be impounded by the city immediately if it is determined by an officer of the city that the location or condition of said machine poses an immediate danger to the public.(14) Unauthorized. Any open-air vending machines on city owned property or within the public right-of-way which do not comply with the provisions of this article within four months of the effective date of this article, shall be impounded and stored by the city for up to thirty days. The city shall take reasonable efforts to determine the owner of the impounded machine and notify them of the impoundment. The cost of removal and storage will be charged to the owner whether or not the owner chooses to retrieve the machine once impounded. Machines left unclaimed after thirty days shall be deemed unclaimed property and disposed of pursuant to law.(15) Other Applicable Regulations. Open-air vending machines shall conform at all times with all other applicable city and other governmental requirements, including without limitation, the Americans With Disabilities Act, health and safety regulations, local zoning and building code requirements, and any other applicable regulations.(16) Insurance and Indemnification. As a condition of permit issuance, the permittee will be required to indemnify and save harmless the city from and against any and all loss, cost (including attorney fees), damages, expense and liability in connection with claims for damages as a result of injury or death of any person or property damages which arise from or in any manner grow out of the permittee's use of city-owned property and/or the public right-of-way that are not caused by the sole negligence of the city, its employees or agents. The permittee shall be required to obtain, and show proof of general liability insurance with a combined single limit of one million dollars insuring against any and all liability of the permittee and its agents, employees, students, guests and officers arising out of the permittee's use of city-owned property and/or the public right-of-way. This policy shall be subject to approval by the city's risk manager and shall name the city as an additional insured. A certificate of insurance naming the city, its employees and agents as additional insured shall be provided annually as a requirement for maintaining a valid permit.(17) Permit Duration, Updating Permits and Permit Renewal. Permits shall be valid for a maximum of three years and shall be renewable.It is the responsibility of the permittee to notify the city if any aspects of the original permit application have changed. This would include: change in the responsible party, a change in the publication or material being distributed, request for relocation of a machine, a location change due to sidewalk or public right-of-way alteration, change in style or color of a machine, a change in the general liability insurance policy, etc. Requests for changing or updating permits may result in additional site inspection fees. Change in ownership of the vending machine or the publication or material being distributed will require a new permit application.When renewing a permit, it is the responsibility of the applicant to notify the city if any aspects of the permit being renewed have changed.(18) Transferability. A permit is not transferable to any entity or person and is valid only as to the original applicant and specifically identified open-air vending machines at specific locations.(19) Rights Conferred. The approval of a location for use for an open-air vending machine shall not be construed as granting the permittee any right to, or interest in, the city-owned property and/or right-of-way. The rights granted by this article are merely a license to use the property for the permitted purpose, subject to the provisions of this article. The permit is considered temporary and non-permanent in nature, and is subject to suspension or revocation as provided below. The city is not liable for any business loss, property loss, or other damage that may result from any suspension or revocation of the permit and no permittee may or shall maintain any claim or action against the city, its officials, officers, employees, or agents on account of any suspension or revocation.(20) Suspension and Revocation.(A) Temporary. A permit issued pursuant to this section may be immediately and temporarily suspended without notice or hearing in the event an officer of the city determines that a violation of these regulations or any other terms of the permit has occurred, or the permitted activity interferes with a special event, public safety effort or program, construction activity, cleaning or maintenance activity, of similar activity which is pursued for the health, safety, and welfare, of the residents of, and visitors to, the city. If possible, advance notice of these activities and the temporary permit suspension shall be given to the permit holder in order to allow for the timely removal of the affected open-air vending machine(s). Information used for any notification will be based on distributor information displayed on the machine itself or information contained in the permit application. The permit shall be reinstated at the earliest possible time after the event or activity has taken place and the permit holder may reinstall the affected open-air vending machines without notice or hearing subject to the guidelines contained in this article including Section 40.26.440(g)(19).(B) Permanent. A permit may be permanently revoked by the director of public works upon ten days' written notice to the permittee. Any violation of these regulations or other terms of the permit is grounds for revocation. A permittee may appeal a permit revocation by letter of appeal to the city manager within ten days of the revocation. The city manager will review and act upon the appeal within fifteen business days. If the revocation is upheld by the city manager, a permittee may appeal to the city council by filing written notice of appeal with the city clerk within ten days. The council shall consider the appeal within forty-five days thereafter. However, the consideration by the council is for the convenience of the permittee only and shall be considered a due process hearing. The council may affirm, modify, or annul the action of the city manager.(21) Removal of Obstructions. If a permit is suspended or revoked by the city, or otherwise allowed to lapse by the permittee, the permittee shall immediately remove all open-air vending machines authorized under that permit, and restore the affected right-of-way to its original condition, to the satisfaction of the city. If the permittee fails to remove the machine(s) within ten working days, and/or restore the condition of the right-of-way, the city shall cause the machines to be removed and stored, and applicable improvements to be made, and the permittee shall reimburse the city for any costs incurred. The cost of removal and storage shall be charged the owner whether or not the owner chooses to retrieve the machines once impounded. Machines left unclaimed after thirty days shall be deemed unclaimed property and disposed of pursuant to law.(h) Violations and penalties. Any violation of the provisions of this article shall be subject to enforcement under applicable provisions of the Davis Municipal Code.(i) Appeals. Any person aggrieved by any decision rendered pursuant to this section of the Davis Municipal Code may appeal to the city manager and to the city council as provided for in Article 40.35 of this Code.", "history": "(Ord. 2050, 2001; Ord. 2390 § 1, 2012)" }, { "guid": "44652967", "number": "§ 40.26.450", "title": "Accessory dwelling units and junior accessory dwelling units.", "text": "(a) Purpose. The purpose of this section is to implement the requirements of California Government Code Section 66310 et seq. to allow ministerial accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control.(b) Definitions. For the purpose of this section, the following definitions apply. Otherwise, the words and phrases shall have the meanings respectively ascribed to them by Section 40.01.010.Livable Spacemeans a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.Manufactured homehas the meaning set forth in Section 18007 of the Health and Safety Code.Primary dwellingfor purposes of this section, means the existing or proposed single-family or multifamily dwelling on the lot where an ADU would be located.Public transitfor purposes of this section, has the meaning set forth in Government Code Section 66313(m).(c) Permitting Procedures.(1) Before constructing an ADU or converting an existing structure or portion of an existing structure or residence to an ADU or JADU, the applicant shall obtain permits in accordance with the requirements of this section.(2) The director or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this section and any other applicable law.(3) ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317.(4) Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this Code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.(5) In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction or related permits prior to the construction of the ADU.(d) Building Permit Application Only Accessory Dwelling Units and Junior Accessory Dwelling Units.(1) Applicability. The purpose of this subsection is to implement California Government Code Section 66323 regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that must be approved through a building permit. To the extent any provision of this subsection conflicts with state law, state law shall prevail.(2) Building Permit Only Standards. ADUs and JADUs that satisfy the requirements of Government Code Section 66323, as the same may be amended from time to time, this subsection (d), the California Building Standards Code, as amended by the city, and any other applicable laws, shall be allowed to be constructed with a building permit only and shall not be subject to any of the locally adopted development standards identified in subsection (e).(3) Height. ADUs in compliance with Government Code Section 66323(a)(4) may be built to a height of eighteen feet. An additional two feet of height is allowed to accommodate a roof pitch.(4) Prohibition on Short Term Rentals. An ADU or JADU approved pursuant to this subsection shall be rented only for terms longer than thirty days.(5) JADU Owner Occupancy. If a JADU shares sanitation facilities with the single-family dwelling, either the JADU or the remaining portion of the structure shall be occupied by the owner of record. Owner occupancy shall not be required if the owner of record is another governmental agency, land trust, or housing organization.(6) JADU Covenant Required. Prior to the issuance of a certificate of occupancy for a JADU, the property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest:(A) The JADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented.(B) The JADU shall not be used for short term rentals for less than thirty-one consecutive days.(C) Unless the JADU includes a sanitation facility independent of the primary dwelling, either the JADU or primary dwelling shall be occupied by the owner of record.(D) The property owner and all successors in interest shall maintain the ADU and/or JADU and the property in accordance with all applicable ADU and/or JADU requirements and standards.(7) Fire Sprinklers. ADUs and JADUs are required to provide fire sprinklers if they are required for the primary dwelling. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.(8) Nonconforming Zoning Conditions, Building Code Violations, and Unpermitted Structures. The city shall not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU in compliance with Government Code Section 66322(b).(9) Services, Impact Fees, and Utility Connections. ADUs approved pursuant to this section shall be subject to fees and utility connection requirements pursuant to subsection (e)(11).(10) Density. In accordance with state law, ADUs are an accessory use to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.(e) Local Standards for Accessory Dwelling Units.(1) Applicability. The purpose of this subsection is to implement California Government Code Sections 66314 through 66322 regulating those accessory dwelling units (ADUs) that do not qualify for approval through subsection (d). To the extent any provision of this subsection conflicts with state law, state law shall prevail.(2) Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned to allow single-family or multifamily residential use.(3) Local Development Standards. ADUs processed pursuant to this subsection shall comply with the following development standards. However, pursuant to subsection (d), no local standard shall be applied in a manner that would physically preclude the construction of an ADU with at least eight hundred square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.(A) Size Restrictions.(i) If there is an existing primary dwelling, an Attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling.(ii) A detached ADU with zero or one bedroom shall not exceed eight hundred fifty square feet of interior livable space.(iii) A detached ADU with two or more bedrooms shall not exceed one thousand square feet of interior livable space.(iv) In no case shall an ADU be less than one hundred fifty square feet of interior livable space, or the minimum square footage to allow an \"efficiency unit\" as defined in Health and Safety Code Section 17958.1, as that law may be amended.(B) Height Restrictions.(i) Eighteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling, including an additional two feet to accommodate roof pitch as described in subparagraph (D)(i) below.(ii) Eighteen feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.(iii) Twenty-five feet or the height limitation that applies to the primary dwelling as required by the zone in which the property is located, whichever is lower, for an attached ADU.(iv) An attached ADU may be constructed on or as the second story of an existing primary single-family residence (including the garage area) provided it complies with clause (iii) above.(C) Setbacks.(i) No new setback shall be required for an ADU that is constructed within an existing structure or a new ADU that is constructed in the same location and with the same dimensions as an existing structure.(ii) For all new ADUs not constructed within an existing structure or one constructed in the same location and with the same dimensions as an existing structure, the required minimum setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by this Code unless it can be demonstrated that application of the front yard setback precludes the construction of an 800 square foot accessory dwelling unit.(D) Design.(i) The ADU shall have the same roof pitch as the primary dwelling with matching eave details, but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling unit. For example, if the roof pitch of the primary residence is 1:12 or less, the roof pitch of the ADU may be up to 4:12. If the ADU is located in a historic conservation zone, it must follow the roof pitch requirements for the design style allowed in that zone or subarea.(ii) An ADU shall not require exterior alterations to the street-facing façade of a property that is historically designated or in a conservation overlay district.(E) Lot Coverage. An ADU shall comply with all required lot coverage standards otherwise required in the underlying zone.(F) Floor Area Ratio. An ADU shall comply with all required FAR requirements otherwise required in the underlying zone.(G) Useable Open Space. An ADU shall comply with all required useable open space standards otherwise required in the underlying zone.(4) Exterior Access. An ADU shall have a separate exterior access. Access stairs, entry doors and decks must be located across from the primary residence or the alley, if applicable.(5) Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.(6) Separation. A detached ADU shall be located at least five feet from the primary dwelling unless the construction of an eight hundred square foot ADU meeting all setbacks and height limitations is precluded.(7) Properties Listed on the California Register of Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the \"Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings\" found at 36 CFR 68.3, as the same may be amended from time to time.(8) Parking.(A) No additional vehicle parking space is required for an ADU.(B) When an ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.(9) Building Code and Fire Code. All ADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city in Chapter 8, Buildings, of this Code and the Fire Code of the City of Davis and shall require a building permit from the chief building official.(10) Density. In accordance with state law, ADUs are an accessory use to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.(11) Services, impact fees, and utility connections.(A) ADUs shall not be allowed where roadways, public utilities or services are inadequate in accordance with the general plan and zoning designation for the lot.(B) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324 and 66311.5, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.(C) The owner of an ADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:(i) ADUs that are less than seven hundred fifty square feet of interior livable space shall not be subject to impact fees.(ii) ADUs that are seven hundred fifty square feet of interior livable space or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit.(f) Separate Sale or Conveyance. In accordance with the standards set forth in Government Code Section 66341, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the following apply:(1) The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all the requirements specified in paragraph (10) of subdivision (a) of Section 02.1 of the Revenue and Taxation Code.(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the items set forth in Government Code Section 66341(c).(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to of the Revenue and Taxation Code Section 480.3.(5) If requested by a utility providing service to the primary residence, the ADU has a separate water, sewer, or electrical connection to that utility.", "history": "(Ord. 2126 § 6, 2003; Ord. 2445 § 4, 2015; Ord. 2553 § 6, 2019; Ord. 2572 § 20, 2020; Ord. 2602 § 19, 2021; Ord. 2693, 9/1/2026)" }, { "guid": "44653060", "number": "§ 40.26.460", "title": "Non-ministerial accessory dwelling units.", "text": "(a) Purpose. The purpose of this section is to allow accessory dwelling units (ADUs) that do not meet the provisions of Section 40.26.450. Non-ministerial ADUs are subject to the regulations of this section and the approval of an administrative use permit.(b) The following standards shall apply to non-ministerial accessory dwelling units:(1) The maximum size of a non-ministerial accessory dwelling unit shall be one thousand two hundred square feet.(2) The minimum setbacks shall be:(A) Front yard, the same as is required by the zone where the ADU is located.(B) Street side yard, fifteen feet.(C) Interior side yard, five feet.(D) Rear yard, ten feet.(E) The minimum interior side yard and rear yard shall be three feet if said yards adjoin: an alley, park or greenbelt, or a zoning district that does not principally permit single-family dwellings or two-family dwellings (e.g., districts that permit multiple-family dwellings, nonresidential uses, agriculture, public and semipublic facilities, or similar principal permitted uses). The interior side yard and rear yard for a yard adjoining a zoning district that principally permits single-family or two-family dwellings shall comply with the general requirements in subparagraphs (C) and (D) above.(3) The minimum required distance between the non-ministerial accessory dwelling unit and the primary dwelling unit, and all other structures on the property, shall be in conformance with the California Building Code.(4) The maximum height shall be thirty feet.(5) The maximum lot coverage shall be fifty percent for the primary dwelling and accessory dwelling units and all accessory structures combined.(6) The minimum useable open space is twenty percent.(7) No additional vehicle parking space is required for a non-ministerial ADU.(8) The accessory dwelling unit shall have the same roof pitch as the primary dwelling with matching eave details, but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling unit. If the unit is located in a historic conservation zone, it must follow the roof pitch requirements for the design style allowed in that zone or subarea.(9) A garage converted to an ADU that does not proceed under the building permit only approval process shall include removal of the garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details to match the primary structure.(10) The architecture of the ADU shall use the same architectural features, including walls, doors, windows, trim and accent details to match the primary structure.(11) Fencing or landscaping shall be installed and maintained between the unit and the neighboring property.(12) For an accessory dwelling unit that is constructed as a second story or above a garage, all windows facing the side or rear lot lines shall be made of frosted or etched glass, or otherwise include a privacy film or treatment to ensure privacy for neighboring properties if the lot line abuts another residential property.(13) Adequate open space and landscaping shall be provided for both the primary dwelling unit and the non-ministerial accessory dwelling unit.(c) An application for a non-ministerial accessory dwelling unit may be approved only if the director makes the findings required by Section 40.30A.070.", "history": "(Ord. 2602 § 20, 2021)" }, { "guid": "44653082", "number": "§ 40.26.470", "title": "Guest Houses.", "text": "(a) Purpose. The purpose of this section is to further define and ensure compatibility of small accessory buildings otherwise called guest houses.(b) Definitions. For the purposes of this section, the words and phrases shall have the meanings respectively ascribed to them by Section 40.01.010.(c) The following standards shall apply to guest houses:(1) The maximum lot coverage shall be fifty percent for the total of the primary structure, any accessory dwelling unit, any other accessory structure and the proposed guest house.(2) The maximum total square footage for a guest house is one thousand two hundred square feet or fifty percent of the primary structure, whichever is less.(3) A guest house shall have the same setbacks as an accessory building, pursuant to Section 40.26.010.(4) A guest house shall meet the height requirement for accessory buildings in Section 40.26.010.(5) No parking shall be required for guest houses.(6) Guest houses may have restroom facilities (toilet, sink, bathtub and/or shower) but are prohibited from having a kitchen or cooking facilities.(7) Only one guest house is permitted per lot.(8) A guest house shall not be rented or leased separate from the principal dwelling unit or otherwise used as a separate dwelling unit.(9) A guest house may be rented to a business authorized as a home occupation at the same address.(10) Except as otherwise required by Government Code Section 65852.2, no more than one accessory dwelling unit and one guest house may be located on any lot where a single-family residence exists on a property.(11) A guest house shall comply with all standards applicable to an accessory building/structure in Section 40.26.010, except in the case of a conflict with the provisions herein, in which case the provisions in this section shall govern.(d) An application for a guest house may be approved only if the director makes the findings required by Section 40.30A.070.", "history": "(Ord. 2602 § 21, 2021)" } ] }, { "guid": "44653098", "title": "PERSONAL CULTIVATION OF CANNABIS", "number": "40.26A", "url": "https://ecode360.com/44653098", "sha256": "371d6e11c8c548ceb36feabd1ea16350143d0d1c0f999b9128cc002763aef119", "exportedArticleSha256": "2414223ec8fc34d0a5a585f71b31fc00cefe660ed799e615b123f750086f48e0", "sections": [ { "guid": "44653099", "number": "§ 40.26A.010", "title": "Purpose.", "text": "The purpose of this article is to impose zoning restrictions on the personal cultivation of cannabis pursuant to state law. This article is not intended to interfere with a patient's right to use medical cannabis pursuant to the Compassionate Use Act, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by state law. This article is not intended to give any person or entity independent legal authority to operate a cannabis business, it is intended simply to impose zoning restrictions regarding personal cultivation of cannabis in the city pursuant to this Code and state law.", "history": "(Ord. 2497 § 4, 2017)" }, { "guid": "44653100", "number": "§ 40.26A.020", "title": "Applicability.", "text": "No part of this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. Nothing in this article shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law. No provision of this article shall be deemed a defense or immunity to any action brought against any person by the Yolo County district attorney's office, the Attorney General of the State of California or the United States of America.", "history": "(Ord. 2497 § 4, 2017)" }, { "guid": "44653101", "number": "§ 40.26A.030", "title": "Definitions.", "text": "The following words and phrases shall have the following meanings when used in this article:Cannabismeans all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including cannabis products derived therefrom. \"Cannabis\" shall also mean \"marijuana\" and \"marijuana products\" as used and defined in state law. For purposes of this article, \"cannabis\" means and includes both cannabis for medical purposes and non-medical cannabis, unless otherwise specified. Cannabis shall not include industrial hemp.Cultivationmeans any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.Personal cultivationmeans cultivation of cannabis conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this Code and state law, including, but not limited to, Health and Safety Code Sections 11362.1 and 11362.2, as may be amended. Personal cultivation also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.Primary caregivershall have the same definition as set forth in California Health and Safety Code Section 11362.7(d), as may be amended.Qualified patientmeans a person identified in California Health and Safety Code Section 11362.7(c) or (f), as may be amended.", "history": "(Ord. 2497 § 4, 2017)" }, { "guid": "44653107", "number": "§ 40.26A.040", "title": "Indoor personal cultivation.", "text": "Indoor cultivation. Indoor personal cultivation of cannabis is permitted in all residential districts, all residential uses within planned development districts of a similar nature, and residential uses within mixed-use districts, subject to all of the following minimum performance standards:(a) All indoor personal cultivation, including by a qualified patient or primary caregiver, shall occur in a dwelling or fully-enclosed accessory building or structure, as those terms are defined in Section 40.01.010 of this chapter.(b) Medical cannabis shall be cultivated by:(1) A qualified patient exclusively for his or her own personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person; or(2) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765(c).(c) Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical and fire code regulations as adopted by the city.(d) All accessory buildings and structures used for indoor cultivation shall comply with the locational and other requirements set forth in Section 40.26.010 of this chapter.(e) Indoor personal cultivation of cannabis may occur inside a dwelling and/or an accessory building or structure on the same parcel, subject to the following restrictions:(1) The cumulative cultivation area for medical cannabis shall total no more than fifty contiguous square feet per qualified patient, and no more than two hundred fifty contiguous square feet for primary caregivers, but in no event shall the total cumulative cultivation area for medical cannabis exceed two hundred fifty contiguous square feet regardless of how many qualified patients or primary caregivers reside at the premises. Either a qualified patient or primary caregiver shall reside full-time on the premises where the medical cannabis cultivation occurs.(2) For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons twenty-one years of age or older. For persons other than qualified patients or primary caregivers, the cumulative total of cannabis plants on the property, indoor and outdoor, shall not exceed six cannabis plants, regardless of the number of persons residing on the property.(f) Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s) or bathroom(s).(g) No exterior evidence of cannabis cultivation occurring at the property shall be discernable from the public right-of-way.(h) Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants.(i) Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.(j) Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in Chapter 23 of this code.", "history": "(Ord. 2497 § 4, 2017)" }, { "guid": "44653122", "number": "§ 40.26A.050", "title": "Outdoor personal cultivation.", "text": "Outdoor cultivation. Outdoor personal cultivation of cannabis is permitted in all residential districts, all residential uses within planned development districts of a similar nature, and residential uses within mixed-use districts, subject to all of the following minimum performance standards:(a) Outdoor personal cultivation of cannabis is only permitted in a rear or side yard that is entirely enclosed by a solid, opaque fence that is associated with a dwelling or secondary dwelling unit.(b) The height of the cannabis plants shall not exceed the standard fence height applicable to the parcel, or six feet, whichever is lesser.(c) The cannabis plants shall be placed at a minimum setback of five feet from the edge of canopy to the property line.(d) No exterior evidence of cannabis cultivation occurring at the property shall be visible from the public right-of-way.(e) For persons other than qualified patients or primary caregivers, all outdoor personal cultivation shall be conducted by persons twenty-one years of age or older, and the cumulative total of cannabis plants on the property, indoor and outdoor, shall not exceed six cannabis plants, regardless of number of persons residing on the property.(f) For qualified patients and primary caregivers, the cumulative total of cannabis plants outside shall not exceed six cannabis plants, regardless of the number of qualified patients and primary caregivers residing on the property.(g) Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting cannabis cultivation by tenants.(h) Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.(i) Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in Chapter 23 of this Code.", "history": "(Ord. 2497 § 4, 2017)" }, { "guid": "44653132", "number": "§ 40.26A.060", "title": "Enforcement.", "text": "(a) Nuisance. Any violation of this article is declared to be a public nuisance and may be abated by the city pursuant to Chapter 23 of this Code.(b) Penalty. A violation of this section shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney. However, notwithstanding anything in this code to the contrary, persons violating this section shall not be subject to criminal liability under this Code solely to the extent such conduct or condition is immune from criminal liability pursuant to state law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5), the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), or the Adult Use of Marijuana Act, as they may be amended. This section does not prohibit the city from abating violations of this section by any administrative, civil or other non-criminal means. In such cases, a violation of this section may be considered the civil or administrative equivalent of an infraction or misdemeanor as applicable.", "history": "(Ord. 2497 § 4, 2017)" } ] }, { "guid": "44653135", "title": "COMMERCIAL CANNABIS BUSINESSES", "number": "40.26B", "url": "https://ecode360.com/44653135", "sha256": "ff5e1ba7abfbb7461235d83f90004c35a26be9ba42b41ea6f8364346b300d3ef", "exportedArticleSha256": "af34f15581bae1c8d9e22e177114f8fe8a45595815e7b48590a67f1c396e5d2b", "sections": [ { "guid": "44653136", "number": "§ 40.26B.010", "title": "Purpose.", "text": "The purpose of this article is to impose zoning restrictions on various commercial cannabis businesses authorized and/or licensed by the State of California pursuant to state law. This section is not intended to give any person or entity independent legal authority to operate a cannabis business, it is intended simply to impose zoning restrictions regarding cannabis businesses that may operate in the city pursuant to this Code and state law. This article is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this Code or other applicable state law.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653137", "number": "§ 40.26B.020", "title": "Applicability.", "text": "No part of this section shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. Nothing in this section shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law. No provision of this section shall be deemed a defense or immunity to any action brought against any person by the Yolo County District Attorney's office, the Attorney General of the State of California or the United States of America.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653138", "number": "§ 40.26B.030", "title": "Definitions.", "text": "The following words and phrases shall have the following meanings when used in this article:Cannabismeans all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including cannabis products derived therefrom. For purposes of this article, \"cannabis\" shall mean and include both cannabis for medical purposes and non-medical cannabis, unless otherwise specified. Cannabis shall not include industrial hemp.Cannabis businessmeans a business activity including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building, structure or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by state law.Cannabis distribution facilitymeans any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis or cannabis products between state-licensed cannabis businesses, including warehouses and similar structures.Cannabis laboratories and researchmeans a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products. It includes start-up or incubator research activities, which typically include but are not limited to research, design, analysis, development and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing or experimentation, but not including cannabis manufacturing or sales of cannabis.Cannabis manufacturingmeans the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product. For purposes of this article, cannabis manufacturing expressly includes the production, preparation, propagation, processing or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods. Cannabis manufacturing may include distribution of wholesale products from the premises, but shall not include any retail sales of cannabis or cannabis products or other sales to consumers.Cannabis retailermeans a premises permanently located in the city licensed by the State of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended, where cannabis is provided for retail sale, including an establishment that delivers cannabis as part of a retail sale. Unless otherwise specified, \"cannabis retailer\" means both a retailer selling medical cannabis and medical cannabis products to patients with valid physician's recommendations, and a retailer providing adult-use cannabis and cannabis products for adults twenty-one years of age and over.Medical cannabismeans cannabis used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5 et seq.) and the Medical Cannabis Program Act (California Health and Safety Code Sections 11362.7 et seq.), as they may be amended from time to time.", "history": "(Ord. 2503 § 6, 2017; Ord. 2514 § 5, 2017)" }, { "guid": "44653146", "number": "§ 40.26B.040", "title": "General conditions.", "text": "(a) Cannabis businesses are prohibited from operating in all zoning districts in the city except as expressly permitted by and in conformance with the provisions of this article.(b) All cannabis businesses permitted by this article must, prior to establishing and operating any such cannabis business, obtain and maintain at all times a valid license issued by the state, as may be applicable, and any other local or regulatory licenses required by this Code. A cannabis business subject to state licensing under the Medical Cannabis Regulation and Safety Act, California Business and Professions Code Section 19300 et seq., that is operating in compliance with this article and other state and local requirements on or before January 1, 2018, may continue its operations after January 1, 2018 provided that it timely applies for and its application for licensure is approved by the state, subject to the requirements of California Business and Professions Code Section 19321(b), as may be amended. If a cannabis business operating in the city on or before January 1, 2018 fails to timely apply for a license by the deadline established by the applicable state licensing authority, or its application for licensure is denied, the cannabis business shall cease all operations of the cannabis business until a valid state license is obtained, in addition to any other state and local requirements that may apply.(c) Pursuant to California Business and Professions Code Section 26054(b), as may be amended, the city finds that no additional setback or radius is necessary for the establishment of a cannabis business pursuant to this article, beyond the zoning regulations contained herein.(d) No cannabis business may engage in retail sales of cannabis unless expressly permitted or conditionally permitted by this article.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653151", "number": "§ 40.26B.050", "title": "Cannabis manufacturing.", "text": "(a) Cannabis manufacturing that does not involve hazardous materials as defined in Section 40.01.010 may be permitted, subject to the requirements of this section and the granting of an administrative use permit as provided in Article 40.30A, in the following zones:(1) Commercial Service (C-S).(2) Industrial Administration & Research (I-R).(3) Industrial (I).(4) Planned developments permitting or conditionally permitting similar manufacturing uses.(b) Cannabis manufacturing involving hazardous materials as defined in Section 40.01.010 may be permitted subject to a conditional use permit and the performance standards set forth in Article 40.24, in the following zones:(1) Industrial Administration & Research (I-R).(2) Industrial (I).(3) Planned developments permitting or conditionally permitting similar manufacturing uses.(c) Cannabis manufacturing may include distribution of wholesale products from the premises for the purpose of resale, but shall not include any retail sales or other sales directly to consumers.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653162", "number": "§ 40.26B.060", "title": "Cannabis laboratories and research.", "text": "(a) Cannabis laboratories and research facilities that do not involve hazardous materials as defined in Section 40.01.010, and which do not contain or conduct any cultivation of cannabis on-site, are principally permitted uses in the following districts:(1) Commercial Service (C-S).(2) Industrial Administration & Research (I-R).(3) Industrial (I).(4) Planned developments permitting or conditionally permitting similar testing and research laboratory facilities.(b) Cannabis laboratories and research facilities that include limited cultivation of cannabis on-site for research and testing purposes may be permitted in the same districts specified in subsection (a), subject to the following conditions:(1) An administrative use permit granted pursuant to Article 40.30A is required for any on-site cultivation that will total a cumulative floor area of six hundred square feet or less, provided that the cultivation shall be conducted wholly within a completely enclosed building.(2) A conditional use permit is required for any on-site cultivation that will occur outdoors or that will exceed a cumulative floor area of six hundred square feet.(3) The cultivation must be used strictly for purposes of cannabis research, and may not be used to conduct cannabis manufacturing or sales of cannabis.(c) Cannabis laboratories and research facilities involving hazardous materials as defined in Section 40.01.010 may be permitted in the same districts specified in subsection (a), subject to the granting of a conditional use permit and the performance standards set forth in Article 40.24.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653173", "number": "§ 40.26B.070", "title": "Cannabis distribution facilities.", "text": "(a) Cannabis distribution facilities may be permitted, subject to the requirements of this section and the granting of a conditional use permit, in the following zones:(1) Industrial Administration & Research (I-R).(2) Industrial (I).(3) Planned developments permitting or conditionally permitted manufacturing uses.", "history": "(Ord. 2503 § 6, 2017)" }, { "guid": "44653178", "number": "§ 40.26B.080", "title": "Cannabis retailers.", "text": "(a) Cannabis retailers are prohibited in the following zoning districts:(1) Residential One-Family (R-1).(2) Residential One-and Two-Family (R-2).(3) Residential One-and Two-Family Conservation (R-2-CD).(4) Residential Restricted (R-R).(5) Residential One-and Two-Family and Mobile Home (R-2-MH).(6) Residential Garden Apartment (R-3).(7) Residential High Density Apartment (R-HD).(8) All planned development districts with residential uses of a similar nature.(b) In addition to those zoning districts identified in subsection (a) of this section, cannabis retailers that will not be open to the public and that perform sales exclusively by delivery are prohibited in the following zoning districts:(1) Central Commercial (C-C) District.(2) Community Retail (C-R) District.(3) All planned development districts of a similar nature.(c) Cannabis retailers may be permitted in the city, subject to the granting of a conditional use permit and the following zoning standards and locational restrictions:(1) Cannabis retailers shall not locate or establish within six hundred feet, measured from the nearest property lines of each affected parcel, of any public park or any school providing K-12 education, unless the city council finds that the proposed site will not pose a threat to the public health, safety and welfare of the surrounding properties and any minors that may be present at a public park or school located within six hundred feet of the proposed site. For purposes of this section, \"public park\" shall not include the following: Toad Hollow Dog Park located at 1919 Second Street, bicycle paths and greenbelts.(2) Cannabis retailers shall be limited to a total of no more than five in the city for the first eighteen months following the effective date of Ordinance No. 2514. Thereafter, the city council may, in its sole discretion, determine that additional use permit applications may be accepted for cannabis retailers to establish in the city. Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery shall not be counted for purposes of this section.(3) Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery shall be limited to a total of no more than four in the city for the first eighteen months following the effective date of Ordinance No. 2514. Thereafter, the city council may, in its sole discretion, determine that additional use permit applications may be accepted for such non-storefront, delivery-only cannabis retailers.(d) The director or designee is authorized to administer reasonable guidelines and policies, including appropriate application periods for accepting requests for zoning approvals and use permits for cannabis retailers, consistent with this section.(e) The planning commission shall review all cannabis retailer conditional use permits and provide a recommendation regarding approval to city council. The city council shall serve as the final review authority for all cannabis retailer conditional use permits, and is authorized to approve or deny cannabis retailer conditional use permits. In exercising its discretion, the city council shall consider the following factors:(1) The type of proposed use by the applicant; and(2) Whether the proposed use will be detrimental to the health, safety and welfare of the community; and(3) Whether the use would enhance the economic viability of the area in which it is proposed to be located; and(4) Whether the applicant has adequately addressed potential community benefits of the use to offset potential adverse impacts; and(5) The extent of support or opposition to the proposed use and location from members of the community; and(6) The number of cannabis retailers located within one thousand feet of the proposed location; and(7) The extent to which the proposed use would cause a further overconcentration of that particular type of premises in the area; and(8) The background and the history of the applicant, including the nature and extent of problems on any premises where he or she has operated a cannabis business in the past; and(9) Whether there is a history of police or crime-related problems in the area of the proposed location; and(10) Whether the proposed license would enhance recreational or entertainment opportunities in the area.(11) Without limiting any of the other requirements or considerations for the issuance of a conditional use permit, any cannabis retailer use proposed to be located within a Mixed-Use (M-U) Zoning District shall demonstrate, and the planning commission and city council shall consider in determining whether to grant a conditional use permit, whether the proposed site and use is compatible with surrounding properties and uses, with a particular emphasis on compatibility with residential uses that are proximate to the proposed cannabis retailer use.(f) The director or city council may address additional development and operational standards through conditions on the conditional use permit as it determines necessary or appropriate for the cannabis retailer conditional use permit under consideration, provided that any such conditions shall not conflict with operating requirements that may be applicable pursuant to other provisions of this Code.", "history": "(Ord. 2514 § 6, 2017; Ord. 2531 § 3, 2018; Ord. 2547 § 2, 2019; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653210", "title": "EXCEPTIONS AND MODIFICATIONS", "number": "40.27", "url": "https://ecode360.com/44653210", "sha256": "0185c4e1a3ea6a3d7296191e503a3dc0f60c07bc0772ad598b21574b69f4a18d", "exportedArticleSha256": "a061d9e7e04ff51276bfb901473eb172fa8e57bee325a31530b9ee6a91830849", "sections": [ { "guid": "44653211", "number": "§ 40.27.010", "title": "Applicability of article.", "text": "The requirements and regulations specified in this chapter shall be subject to the exceptions, modifications and interpretations set forth in this article.", "history": "(Ord. 296 § 25.1)" }, { "guid": "44653212", "number": "§ 40.27.020", "title": "Existing lots of record.", "text": "In any district where residential uses are permitted, structures for permitted, accessory, and conditional uses in the applicable zoning district may be erected on any lot of official record in the office of the county recorder prior to March 6, 1963, irrespective of its area or width, provided that the owner of the lot does not own any adjoining property; and provided further, that all other development standards within the zoning district are met.", "history": "(Ord. 296 § 25.2; Ord. 316 § 23; Ord. 2134 § 1, 2003)" }, { "guid": "44653213", "number": "§ 40.27.030", "title": "Height limits.", "text": "Height limits stipulated elsewhere in this chapter shall not apply to the following:(a) Barns, silos or other farm buildings or structures on farms; provided, that these are not less than fifty feet from every lot line.(b) Church spires, belfries, cupolas and domes.(c) Monuments, water towers, fire and hose towers, public utility lines, poles and towers.(d) Windmills, chimneys, smoke-stacks, flag poles, except that when such structures are to exceed forty feet above grade in any zone, they shall be specifically approved by the director or designee.(e) Parapet walls extending not more than four feet above the limited height of the building; drive-in theater screens; provided, that such screens contain no advertising matter.(f) Places of public assembly in churches, schools and other permitted public and semipublic buildings; provided, that these are located on the first floor of such buildings; and provided, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased by an additional one foot over the side and rear yards required for the highest building otherwise permitted in the district.(g) Bulkheads, elevator penthouses, ventilating and air conditioning equipment penthouses, water towers, monitors and scenery lofts; provided, that no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage.(h) Where a manufacturing process requires a greater height for towers, fire towers, hose towers, cooling towers, gas holders or other structures; provided, that all such structures above the heights permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than twenty-five feet in all parts from every lot line.", "history": "(Ord. 296 § 25.3; Ord. 801 § 1; Ord. 1627 § 53; Ord. 2113 § 1, 2003; Ord. 2155 § 2, 2004; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653222", "number": "§ 40.27.040", "title": "Area and lot width requirements where public water and sewers unavailable.", "text": "In any district where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, and lot width, shall be: Lot area, one acre, and lot frontage, lot width, at the building line, two hundred feet.", "history": "(Ord. 296 § 25.4)" }, { "guid": "44653223", "number": "§ 40.27.050", "title": "Front and street side yards.", "text": "The minimum distance to the opening of a garage shall be twenty-five feet from the back of the sidewalk. This distance may be reduced to twenty feet for carports or garages using roll-up doors.", "history": "(Ord. 296 § 25.5; Ord. 329 § 3; Ord. 881 § 1)" }, { "guid": "44653224", "number": "§ 40.27.060", "title": "Projections into required yards in exceptions and modifications.", "text": "(a) Certain architectural features may project into required yards as follows:(1) Fireplaces; cornices, canopies, eaves, and other nonhabitable architectural features attached to the main building may project to within three feet of interior side yard property lines, ten feet of street side yard property lines, and fifteen feet of front and rear yard property lines. Media niches, firewood storage areas, and bay windows shall not be considered architectural projections and must comply with the setback standards of the zoning district in which the property is located.(2) Exit stairways may project a distance no greater than four feet six inches.(3) An uncovered stair and necessary landings may project a distance no greater than six feet; provided, that such stair and landings shall not extend above the entrance floor of the building except railings not exceeding forty-two inches.(b) Fences, walls and hedges may be located anywhere on a property behind the required front yard setback up to a maximum height of seven feet, except as noted herein:(1) If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, they may be located in any yard or court, except for a corner lot.(2) On a corner lot, a fence, wall or hedge over three feet in height, measured from the curb gutter grade, shall not be located in a triangular area measured twenty-five feet along the inside face of the sidewalk in either direction from the sidewalk intersection. Where no sidewalk exists, the measurement shall be made along the right-of-way line.(3) If not exceeding six feet in height, they may be located at the ten foot setback in the front yard of an interior lot and at the fifteen foot setback in the front yard on a corner lot.(4) On a corner lot, if not exceeding six feet in height and set back a minimum of five feet from the property line, they may be located along the street side yard. At such height, they may extend along the rear yard portion of the lot as well as the length of the house on the street side yard until they meet the triangular area described in subsection (b)(2).(5) Atrium and courtyard walls located outside the required yards may exceed seven feet in height through approval of a discretionary design review application pursuant to Article 40.31.", "history": "(Ord. 296 § 25.6; Ord. 736 § 1; Ord. 816 § 1; Ord. 842 § 1; Ord. 1024 § 1; Ord. 1025 § 1; Ord. 1152 § 1; Ord. 1768, § 6, 1994; Ord. 1802 § 5; Ord. 1975 § 3, 1999; Ord. 2034 § 7, 2000; Ord. 2358 § 2, 2010; Ord. 2359 § 13, 2010)" }, { "guid": "44653235", "number": "§ 40.27.070", "title": "Front yards with excessive right-of-way. (Repealed by Ord. 1718.)", "text": "", "history": "" }, { "guid": "44653236", "number": "§ 40.27.080", "title": "Minor modifications.", "text": "The purpose of a minor modification is to provide flexibility necessary to enable individual property owners to achieve the objectives of the general plan and this chapter by providing for minor adjustments to development regulations in those circumstances where such request constitutes a reasonable use of an individual property, that will be compatible with adjoining uses.The relief offered through the minor modification process is intended to be used in specific, limited circumstances where non-substantive deviations from established zoning standards for an individual property are necessary to ensure a reasonable application of the approved development regulations. Extensive or serial use of the minor modification procedure for the purpose of overall modification to approved development regulations is not intended and shall be rejected.(a) Application and fee. An application for a minor modification shall be made by the property owner or qualified applicant on a form prescribed by the director and shall state the precise nature of the grounds for a minor modification. Applicant shall be required to submit a fee, in amount set by resolution of city council prior to the processing of the application.(b) Applicability. The director or designee may grant a minor modification as follows:(1) Setbacks. In any zone, modifications of the front, side, or rear yard setback requirement; provided that the total modification shall not reduce the applicable setbacks by more than ten percent of those otherwise required in the zone.(2) Lot Coverage. In any zone, modifications of the lot coverage requirement; provided, that the total modification shall not increase the applicable coverage to more than ten percent of the otherwise maximum lot coverage in the zone.(3) Structure Size. In any zone, modifications of the structure size requirement; provided, that the total modification shall not increase the applicable structure size to more than ten percent of the otherwise maximum structure size in the zone. In R-1, R-2, R-R, and other similarly zoned planned developments, an increase in floor area ratio may not be granted with a minor modification. Such requests must follow the processing requirements established in Sections 40.03.060, 40.04.060, 40.06.060 (area, lot width, yard and open space requirements for R-1, R-2, and R-R zones) and Article 40.01 (Site Plan and Architectural Review) of the Davis Municipal Code.(4) Structure Heights. In any zone, modifications of the building or structure height requirement; provided, that the total modification shall not increase the applicable building or structure height by more than ten percent of the otherwise maximum height in the zone, nor add another habitable story or mezzanine.(5) Usable Open Space. In any zone, modifications of the usable open space requirement; provided, that the total modification shall not increase the applicable coverage to more than ten percent of the otherwise required usable open space in the zone.(6) Fence Heights. In any zone, modifications of the maximum fence height requirement; provided, that the total modification shall not increase the applicable fence height by more than ten percent of the otherwise maximum height in the zone.(7) Parking. In any zone, a decrease in the number of required parking spaces of not more than ten percent when total required spaces are at least twenty spaces.(8) Parking Space Dimensions. In any zone, modifications of the minimum dimensions for a required parking space; provided, that the total modification shall not decrease the required dimension by more than ten percent of the otherwise minimum dimension.(9) Deviations From Final Planned Development Maps. In any planned development zone, deviations to final planned development maps which are consistent with the requirements of the preliminary planned development, final planned development conditions of approval, or development standards of the underlying zoning district.Any request which exceeds the prescribed limitations outlined in this section shall not be approved as a minor modification. The property owner may file a variance application or a revised final planned development application pursuant to Article 40.33 or Section 40.22.170, as applicable.(c) Approval of a minor modification. A minor modification shall be approved, conditionally approved, or denied by the director pursuant to the requirements of Article 40.39 of this chapter.A minor modification may be approved only if the following findings are made:(1) That completion of the project as proposed is not inconsistent with the objectives of the general plan and intent of the zoning regulations;(2) That the minor modification will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity; and(3) That the proposed project is consistent with the requirements of the Uniform Building Code.(d) Burden of proof. The burden of proof to establish evidence in support of the findings for a minor modification as required by subsection (c)(3) of this section is the responsibility of the applicant.(e) Expiration. A minor modification shall be exercised through commencement of substantial construction within eighteen months of the date of its approval or it shall become null and void.(f) Extension of initial time period. The director may grant a time extension for up to eighteen months. An application for an extension shall be filed with the department of community development and sustainability no later than thirty days prior to the expiration of the minor modification approval.(g) Revocation. The director may set a hearing of the planning commission to revoke or modify a minor modification if any one of the following findings can be made:(1) The minor modification was obtained by misrepresentation or fraud; or(2) A violation of a term, limitation or condition placed upon the minor modification has occurred; or(3) That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law or regulation.", "history": "(Ord. 1768 § 1; Ord. 1811 § 1; Ord. 1975, 1999; Ord. 2110 § 4, 2003; Ord. 2359 § 7, 2010; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653259", "number": "§ 40.27.090", "title": "Uses of the same general character.", "text": "If a use is not listed as permitted or conditional in a district, but is similar in its general character to the permitted or conditional uses in the district, the director shall determine whether or not such use is similar in character to a described use for the purposes of applying zone district regulations and special conditions. The discretion of the director to determine similar uses shall be granted in all zoning districts and planned developments, except those that are residential. In reviewing such uses, the director shall consider potential traffic and parking impacts, the projected number of employees, possible environmental impacts, the overall intensity of the use, fiscal impacts of such use, and similar issues when making its determination.", "history": "(Ord. 2127 § 2, 2003; Ord. 2572 § 21, 2020)" }, { "guid": "44653260", "number": "§ 40.27.100", "title": "Requests for reasonable accommodation.", "text": "Deviations from the requirements and regulations specified in this chapter may be approved in accordance with the review, determination, and required findings provided in Article 18.08 of the Davis Municipal Code.", "history": "(Ord. 2322, 2008)" }, { "guid": "44653261", "number": "§ 40.27.110", "title": "Density bonuses pursuant to state law and local affordable housing ordinance.", "text": "Deviations from the requirements and regulations specified in this chapter may be approved in accordance with density bonuses and incentives provided for the provision of affordable housing by Article 18.05 of the Davis Municipal Code and state density bonus law.", "history": "(Ord. 2322, 2008)" }, { "guid": "44653262", "number": "§ 40.27.120", "title": "Federal Religious Land Use and Institutionalized Persons Act of 2000.", "text": "Deviations from the requirements and regulations specified in this chapter may be approved if it is found by the planning commission or city council that consistent with RLUIPA, enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following:(a) Furthers a compelling governmental interest; and(b) Is found to be the least restrictive means of furthering that compelling governmental interest.", "history": "(Ord. 2322, 2008)" } ] }, { "guid": "44653265", "title": "NONCONFORMING USES AND STRUCTURES", "number": "40.28", "url": "https://ecode360.com/44653265", "sha256": "c83464b7b0763540083f3c4340ef9bdf7e69821fe118172db77e9d36aa27d1d6", "exportedArticleSha256": "9297ed66a07dc641d82deb337cd76795a2a79a1e1a1381fb07e6e4957be93f9e", "sections": [ { "guid": "44653266", "number": "§ 40.28.010", "title": "Applicability of article generally.", "text": "Within the districts established by the zoning ordinance or amendments thereto, there exist structures, land uses, and characteristics of uses which were lawful prior to the adoption of or amendments to the ordinance, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this article to:(a) Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;(b) Provide for the eventual elimination of those uses likely to be most objectionable to their neighbors, and which are deemed to be harmful to the community environment and not in the best public interest; and(c) Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and standards prescribed in this zoning ordinance, and by regulating their restoration after major damage.", "history": "(Ord. 296 § 26.1; Ord. 1894 § 2)" }, { "guid": "44653270", "number": "§ 40.28.020", "title": "Continuing existing uses and structures.", "text": "Except as otherwise specified, any use, building or structure, existing on the date a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located; provided, that:(a) The use or structure was not established in violation of any zoning ordinance previously in effect in the area which constitutes the city, unless such use or structure now conforms with this chapter; and(b) Such use or structure does not constitute a nuisance.", "history": "(Ord. 296 § 26.2; Ord. 1894 § 3)" }, { "guid": "44653273", "number": "§ 40.28.030", "title": "Existing uses which handle hazardous materials.", "text": "Any use located in an industrial, industrial research or planned development zoning district, existing prior to June 27, 1986, which handles hazardous materials, as defined in Section 40.01.010 of this chapter, is made nonconforming by Ordinance No. 1377. Any such existing use shall apply for a conditional use permit or final planned development within the period of one year from the effective date of Ordinance No. 1377.", "history": "(Ord. 1377 § 10)" }, { "guid": "44653274", "number": "§ 40.28.040", "title": "Conditional uses.", "text": "Any use existing on March 6, 1963, which is listed as a conditional use in the district wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter. Any use which was a permitted use until the date a zoning ordinance amendment changed the use to a conditional use in the district wherein located shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.", "history": "(Ord. 296 § 26.3; Ord. 1894 § 4)" }, { "guid": "44653275", "number": "§ 40.28.050", "title": "Enlargement, alteration, etc., of nonconforming uses.", "text": "No building existing on the date a zoning ordinance amendment rendered the use nonconforming which is devoted to a use not permitted by this chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in this article.", "history": "(Ord. 296 § 26.4; Ord. 1894 § 5)" }, { "guid": "44653276", "number": "§ 40.28.060", "title": "Reduction or extension.", "text": "(a) When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100 the reduction or extension of a nonconforming use may be made if such reduction or extension is determined by the planning commission to create lesser discrepancy between the existing conditions and the zoning requirements for the district.(b) Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.(c) When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, enlargement or completion of a structure devoted to a nonconforming use may be made where such extension is necessary and incidental to the existing use of such structure.(d) When authorized by the planning commission, in accordance with the provisions of Sections 40.30.010 through 40.30.100, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming if no structural alterations, except those required by law, are made therein.", "history": "(Ord. 296 § 26.5; Ord. 1894 § 6)" }, { "guid": "44653281", "number": "§ 40.28.070", "title": "Cessation of use.", "text": "(a) If a nonconforming use of a structure ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.(b) No nonconforming use of land, not involving any building or structure, except minor structures such as fences, signs and buildings less than four hundred square feet in area, where such use has ceased for ninety days or more, shall again be put to a nonconforming use. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.(c) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.", "history": "(Ord. 296 § 26.6; Ord. 1894 § 7)" }, { "guid": "44653285", "number": "§ 40.28.080", "title": "Methods of determining time for discontinuance of use.", "text": "It is hereby declared that nonconforming uses within the city are detrimental to the orderly development of the city and are detrimental to the health, safety, peace, comfort and general welfare of persons and property within the city. It is further declared to be the policy of the city that such nonconforming uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of the owners of such nonconforming property. The nonconforming uses of land designated in this article are illegal and prohibited after the useful economic value of the structures has been consumed or realized by the owner of such structures. For a determination of the time when such nonconforming use shall be discontinued, the following tests and procedures are established as contained herein.(a) The economic value of a nonconforming structure shall be the appraised market value of such structure as determined by the assessor of the county in determining the assessed value for tax purposes on the first Monday in March immediately following March 6, 1963.(b) The value so established shall be depreciated by a standard method of depreciation accepted and used generally in the business world. When such structures have been depreciated to their salvage value, they shall be considered to have no further economic value and their nonconforming use shall be discontinued and the structure shall be removed; provided, that the following presumption shall apply:(1) That the nonconforming uses of land not involving any building or structure other than minor structures such as fences, signs and buildings of less than four hundred square feet in floor area will be depreciated at not less than one hundred dollars a year or in two years, whichever results in the later discontinuance;(2) That a nonconforming structure having an appraised market value of five hundred dollars or less will be depreciated at not less than one hundred fifty dollars a year or in three years, whichever results in the later discontinuance;(3) That all other structures will be depreciated in not to exceed the number of years designated by the United States treasury department for the depreciation of such structures for income tax purposes, whether or not the property is so used as to be depreciable for income tax purposes.(4) Such mandatory discontinuance of nonconforming uses is applicable to the following as contained herein:(A) All nonconforming uses involving structures of an appraised market value of five hundred dollars or less;(B) Uses permitted in a C-N, C-C, C-S, CMU, I-R or I district, but located in and nonconforming in an R district or A district designated for residential use in the master plan;(C) Nonconforming residential or commercial uses located in an or I district.(5) Should an owner of property upon which a nonconforming use has been administratively ordered discontinued disagree with such order, such owner shall be entitled to present the evidence to rebut the presumption contained herein. The city council may approve the discontinuance order or may set a future date upon which such nonconforming use shall be discontinued.", "history": "(Ord. 296 § 26.7)" }, { "guid": "44653296", "number": "§ 40.28.090", "title": "Nonconforming outdoor advertising, billboards and signs.", "text": "(a) All signs, billboards and outdoor advertising structures which are nonconforming according to the provisions of Section 40.26.020 as enacted in Ordinance No. 296, Section 26.8, and Ordinance No. 410, Section 1, and which continue to be nonconforming according to the provisions of Section 40.26.020 as amended by Ordinance No. 614, shall be abated or altered to comply with the requirements of Ordinance No. 614 within ninety days of the effective date of Ordinance No. 614.(b) All outdoor advertising, billboards and signs which exist on the effective date hereof which were previously in conformance with the provision of Section 40.26.020 and which are made nonconforming by Ordinance No. 614, and all outdoor advertising, billboards and signs which exist at the time the site containing such items as annexed to the city, shall be abated or altered to comply with the provisions hereof within the amortization periods hereinafter prescribed If any such item is not so abated or altered, it shall be in violation of this ordinance.(1) Signs prohibited by Section 40.26.020 in the following subsections: (a)(5) relating to traffic hazards, (a)(6) relating to certain lighted and blinking signs, (a)(12) relating to obsolete signs and (a)(13) relating to banners, similar nonstationary signs and moving signs—Ninety days.(2) Signs prohibited by Section 40.26.020 in the following paragraphs: (e)(5) and (f)(3) relating to placement of signs in certain designated districts, if not otherwise covered by subsection (a) of this section—One hundred eighty days.(3) Signs prohibited by Section 40.26.020 in the following subsections: (a)(14) insofar as such subsection relates to the size and height of signs, (c)(5) relating to the number of signs in apartment developments, (d)(1), (e)(1)—(4) and (6), (f)(1), (2) and (4)—(6) and (g)(1)—(4), relating to the size, height and location of signs in all commercial, industrial, residential transitional and professional and administrative districts—One year.(4) Signs not in conformance herewith not otherwise covered by the immediately preceding subsections (1)—(3) inclusive—Two years.(5) Any sign which by the amendment of Ordinance No. 614 shall be authorized to raise its height or location may be so raised or relocated without otherwise being made to conform herewith if a variance had previously been granted for such sign which variance has not expired by its terms. Such raising of height or location shall not authorize the erection of a new or substantially altered sign.(6) Any sign prohibited by this section shall be abated or altered to comply when being reviewed in conjunction with applications on a particular site upon which the nonconforming sign exists. The nonconforming sign is thereby considered a part of a larger total sign program.(c) Prior to the expiration of any amortization period contained in subsection (b) of this section, a written request may be made for an extension of the amortization period on such application form as provided by the community development and sustainability department. The applicant shall substantiate why an extension is necessary by stating sufficient information to enable the city council to consider the factors hereinafter set forth. An extension request shall be heard and considered by the city council at a public hearing, properly noticed. The city council shall base its decision upon the following factors:(1) The original cost of the sign;(2) The date the sign was constructed and located on the site;(3) The degree of deviation from the sign regulations of this article;(4) Whether unusual circumstances concerning the sign's size, height, location or nature are present;(5) Whether the removal or alteration of the sign within the prescribed amortization period would create an unnecessary hardship inconsistent with the intent of sign amortization;(6) The effect of the nonconforming sign on the use, value, and enjoyment of surrounding and neighboring properties;(7) The least amount of additional time required, if any, for the applicant to amortize any unreasonable economic loss, over and above the amortization period already permitted under this section;(8) Proof that the sign has not been fully depreciated for federal income tax purposes shall be required except in extraordinary circumstances where such proof is deemed inapplicable.The community development and sustainability department shall receive and process all time extension requests and a twenty-five dollars processing fee shall be required at the time application is made.(d) Any sign erected, constructed, maintained or relocated in violation of Ordinance No. 614 after Ordinance No. 614 takes effect shall be removed within thirty days after a written notice by the director has been posted on the property containing such sign and a copy thereof sent by certified mail with postage prepaid to the owner thereof and to the person in possession of the real property upon which it is located, if known. Such notice shall state the particulars of such violation and require the removal thereof upon or before a date specified therein, but not less than thirty days after such posting and mailing, or that written objections to such removal be filed with the director by such date showing the name, address, and objections in detail of the person objecting to such removal.If the sign is not removed upon or before the date specified and no written objections to such removal are filed, the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.Upon the filing of such objections, such sign may remain until ordered removed by the city council at a hearing, notice of which has been mailed by certified mail with postage prepaid to the person filing such objections at his or her address shown thereon at least ten days prior to such hearing. Any sign ordered removed by the council shall be removed within thirty days after notice of such order has been so mailed to such objector, and if not so removed the director may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.(e) Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. The remedies provided for herein shall be cumulative and not exclusive.The removal expense may be made a lien upon such real property by the director sending by certified mail to the owner of such real property, a notice of lien for the cost of such removal. The cost of all such mailing and the cost of obtaining the name and address of the owners shall be a part of the cost of such removal.Notwithstanding the above provisions of this section, any sign erected, constructed, maintained or relocated in violation of this section is prohibited and any other appropriate criminal or civil action may be maintained against such violation and against any person maintaining or permitting such violation.", "history": "(Ord. 296 § 26.8; Ord. 410 § 1; Ord. 614 § 3; Ord. 921 § 4; Ord. 2572 § 3, 2020)" }, { "guid": "44653316", "number": "§ 40.28.100", "title": "Nonconforming uses by virtue of performance standards.", "text": "(a) Except as provided in subsections (b) and (c) of this section, all uses nonconforming on the date a zoning ordinance amendment rendered the use nonconforming, by reason of noncompliance with performance standards established in this chapter shall adopt necessary measures to conform therewith within three years of such date.(b) Single-family or duplex units which do not have the number or type of parking spaces required by this chapter but have the number and type of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional bedrooms are constructed on the property. If additional parking is required by reason of adding one or more bedrooms to an existing unit, the additional parking may be covered or uncovered. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with the current parking standards of this chapter.(c) Multifamily uses which do not have the number of parking spaces required by this chapter but have the number of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded. If units are added or expanded, additional parking must be added so that the new or expanded units are in compliance with the parking performance standards of this article. No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with parking standards of this chapter.", "history": "(Ord. 296 § 26.9; Ord. 1894 § 8; Ord. 1940 § 13)" }, { "guid": "44653320", "number": "§ 40.28.110", "title": "Replacement of damaged or destroyed nonconforming structures.", "text": "Any nonconforming building or structure damaged more than sixty percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction, but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before; provided, that it shall be substantially completed within six months of such damage or destruction. For purposes of floor area ratio standards, all structures in R-1, R-2, R-R, and similarly zoned planned developments which were permitted uses prior to adoption of Ordinance No. 2110 shall be considered legal nonconforming uses, and if destroyed, may be re-built up to the floor area ratio that existed just prior to the destruction of the building.", "history": "(Ord. 296 § 26.10; Ord. 1894 § 9; Ord. 2110 § 6, 2003)" }, { "guid": "44653321", "number": "§ 40.28.120", "title": "Repair, alteration, and relocation of nonconforming buildings or structures.", "text": "(a) Repairs. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure.(b) Alterations. Except as provided in subsection (b)(1) and (2) of this section, enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with the zoning standards for the district. If a structure is required to have side yard setbacks of a total width (such as twelve feet in a residential one-family), expansions must be consistent with both the minimum requirement for one yard as well as the minimum requirement for the total of both yards.(1) Nonconforming single-family and duplex structures may be expanded with first story setbacks less than those required by the zoning standards for the district only if all of the following apply:(A) The structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming;(B) The structure has side yards consistent with the zoning standards at the time of construction;(C) The expansion does not reduce the first-story side yard setbacks below those currently existing for the structure, even if those setbacks are less than would otherwise be allowed in the zoning district; and(D) Any second-story expansion is consistent with the setback requirements of this chapter.(2) Accessory structures in R-1 and R-2 districts or planned development districts based on R-1 or R-2 districts, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming, and which have rear and side yards consistent with the zoning standards at the time of construction may be altered or expanded, provided the alterations are consistent with current requirements for such structures. Garages or storage buildings may not be expanded or converted to habitable space unless the structure is consistent with the zoning standards of the district.(c) Relocation. No nonconforming structure shall be moved unless at its new location it conforms to the standards of the district.", "history": "(Ord. 296 § 26.11; Ord. 1894 § 10)" } ] }, { "guid": "44653331", "title": "WIRELESS COMMUNICATION FACILITIES", "number": "40.29", "url": "https://ecode360.com/44653331", "sha256": "83c4a88072281e926e5fcaf83d61e4aa30ca99411e87e9c9358f295219412978", "exportedArticleSha256": "9515543ae24f56be885dbcfa086f3e5861483cc53c445e142e9800ac230f31e5", "sections": [ { "guid": "44653332", "number": "§ 40.29.010", "title": "Purpose.", "text": "The purpose of this article is to provide uniform standards for the establishment and modification of wireless communications facilities (WFs) in the city and to provide for the desired location, design, installation, construction, maintenance, and operation of WFs consistent with applicable federal and state requirements. These standards are intended to address and balance the potentially adverse visual and aesthetic impacts of WFs while providing for the communication needs of residents, local businesses, and government agencies; manage the public rights-of-way and ensure the public is not incommoded by the placement of WFs in the public rights-of-way.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653333", "number": "§ 40.29.020", "title": "Authority.", "text": "This article is enacted pursuant to the city's police power to regulate for the public health, safety and welfare subject to the limitations of that power under federal and state law, including, but not necessarily limited to, the Federal Telecommunications Act of 1996, Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state laws regulating the processing and procedures associated with local WF approvals. This article shall be interpreted in conjunction with the federal and state laws and regulations regarding the processing and placement of telecommunications facilities within the city.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653334", "number": "§ 40.29.030", "title": "Definitions.", "text": "For the purposes of this article, the following terms shall have the meanings set forth below:Antenna.Any system of wires, poles, rods, discs, reflecting discs, panels, flat panels, dishes, whip antennae, or other similar devices used for the transmission or reception of wireless signals. Antennae includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of the antenna shall include all array structures.(1) Antenna—Amateur radio.A ground, building, or tower mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).(2) Antenna array.A group of antennas located on the same structure.(3) Antenna—Building mounted.An antenna, other than an antenna with its supports resting on the ground, directly attached, façade-mounted or affixed to a building, tank, or structure other than a tower.(4) Antenna—Roof mounted.Any antenna which is mounted to the roof of a building, tank, or similar structure.(5) Antenna—Flush mounted.An antenna mounted to the wall of a structure that does not project above the façade to which it is mounted.(6) Antenna—Direct broadcast satellite service (DBS).An antenna, usually a small home receiving satellite dish.(7) Antenna—Directional.A device used to transmit and/or receive radio frequency signals in a directional pattern of less than three hundred sixty degrees. Also known as panel antenna.(8) Antenna—Ground mounted.Any antenna with its base, single or multiple posts, placed directly on the ground.(9) Antenna—Satellite earth station (SES).An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite.(10) Antenna—Television broadcast service (TVBS).An antenna designed to receive only television broadcast signals.(11) Antenna—Radio antennas.An antenna designed to receive AM/FM radio broadcast signals, or similar signals used for commercial purposes.(12) Antenna—Distributed antenna system (DAS).Network of spatially separated antenna sites connected to a common source that provides wireless communication service within a geographic area or structure.(13) Antenna—All other antennas.All other antenna(s) not previously covered in this section.Base station.The same as defined by the FCC in 47 C.F.R. Section 1.60001(b)(1), as may be amended or superseded.Collocation.The mounting of one or more WFs, including antennas, on an existing or proposed WF or utility pole.CPCN.A Certificate of Public Convenience and Necessity granted by the California Public Utility Commission, or its duly appointed successor agency, pursuant to California Public Utilities Code Section 1001 et seq., as may be amended or superseded.Director.The director of the city's community development and sustainability department or designee.Eligible facilities request.An eligible facility request within the meaning of 47 C.F.R. Section 1.6100(b)(3) as may be amended or superseded.Equipment building, shelter, or cabinet.A cabinet or building used by telecommunications providers to house equipment at a site or facility.FCC.The Federal Communications Commission or its lawful successor.Lattice tower.A tower constructed of metal crossed strips or bars to support WF antennas and related equipment.Monopole.A tower that consists of a single pole structure (non-lattice), designed and erected on the ground or on top of a structure, to support WF antennas and related equipment.Permittee.The recipient, or its heirs, successors, or assigns of a permit issued pursuant to this article or any predecessors to this article, or any operator, user, or lessee of any permitted WF issued a permit pursuant to this or any predecessors to this article.Personal wireless services.Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded.Public right-of-way (PROW).Any public road, highway, or waterway subject to Public Utilities Code Section 7901 (as it may be amended from time to time).RF.Radio frequency or electromagnetic waves generally between thirty kHz and three hundred GHz in the electromagnetic spectrum.Section 6409.Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.Shot clock.The presumptively reasonable time under federal law in which a local government must act on an application or request for authorization to place, construct, or modify WF facilities.Small wireless facilities (SWF).A small wireless facility within the meaning of 47 C.F.R. Section 1.6002(1) or any successor provision.Stealth technology/techniques.Methods of camouflaging or otherwise rendering minimally visible to the casual observer the visual appearance of WF towers, antenna, cabinets, and/or other related equipment. Stealth techniques render WF more visually appealing or blend WF into an existing structure and may utilize, but does not require, concealment of all components of the WF.Temporary wireless facilities.A portable wireless facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large scale special event in which more users than usually gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells on wheels (COWS), sites on wheels (SOWs), cells on light trucks (COLTs) or other similarly portable wireless facilities not permanently affixed to the site on which it is located.Tower.A freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support WF antennae.Wireless.Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, radio, or television.Wireless communication facility (WF).The transmitters, antenna structures and other types of installations used for the provision of personal wireless services at a fixed location, including, but not limited to, associated towers, support structures, base stations, poles, pipes, mains, conduits, ducts, pedestals, and electronic equipment, and antennas.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653370", "number": "§ 40.29.040", "title": "Applicability—Exemptions.", "text": "(a) Applicability. No person shall construct, install, attach, operate, collocate, modify, reconstruct, relocate, or otherwise deploy any WF within the city's jurisdictional and territorial boundaries, on private property and within the public right-of-way except in compliance with this article.(b) Other permits and regulatory approvals. In addition to any permit or approval required under this article, the applicant, owner or operator, who owns or controls an WF, must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act) required by the city, any federal, state or local government agencies; and the applicant, owner or operator must comply with all applicable federal state and local government agency laws and regulations applicable to the WFs, including, without limitation, any applicable laws and regulations governing RF emissions.(c) Exemptions. Notwithstanding subsection (a), this article shall not apply to any of the following:(1) Television antennae, satellite dishes, and amateur radio facilities, whether interior or exterior, as follows:(A) Direct broadcast satellite (DBS) antennae and television broadcast service (TBS) antennae or other similarly scaled telecommunication device that neither exceeds one meter in diameter nor extends above the roof peak or parapet.(B) Ground mounted antennas and support structures: (i) located entirely on-site and not overhanging or extending beyond any property line; (ii) not located within any required front or side yard setback; and (iii) screened from public view to the extent practical.(C) Antenna height shall not exceed the maximum allowable building height for the zoning district in which it is located by more than ten feet. The antenna support structure shall not exceed a width or diameter of twenty-four inches.(2) WFs used only for public safety purposes, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.(3) WFs that are accessory to other publicly owned or operated equipment used for data acquisition such as irrigation controls, well monitoring, and traffic signal controls.(4) WFs erected and operated for emergency situations, as designated by the police chief, fire chief, or city manager so long as the facility is removed at the conclusion of the emergency.(5) Multipoint distribution service (MDS) antennas and other temporary mobile wireless service including mobile WFs and services providing public information coverage of news events (less than two-weeks duration).(6) Mobile WFs when placed on a site for less than seven consecutive days, provided any necessary building permit is obtained.(7) SES in a commercial or industrial zone that meet the following standards:(A) The antennas do not exceed two meters in either diameter or diagonal measurement.(B) The antennas are located as far away as possible from the edges of rooftops or are otherwise adequately screened to eliminate visibility from adjacent properties. The method of screening shall be approved by the director.(8) Commercial television (TVBS) and AM/FM radio antennas not extending more than twelve feet beyond the maximum allowed building height for the zone.(9) Personal wireless internet equipment, such as a wireless router, provided that the equipment is included entirely within a building or residence.(10) Any WF that is specifically and expressly exempt from local regulation pursuant to federal or state law, but only to the extent of any such exemption and provided that the applicant must provide the documentation necessary to prove the exemption to the satisfaction of the director.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653389", "number": "§ 40.29.050", "title": "Conditionally permitted WFs.", "text": "All WFs subject to this article shall be conditionally permitted unless permitted under Section 40.29.060, prohibited under Section 40.29.070, or subject to Section 40.29.080 regarding small wireless facilities.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653390", "number": "§ 40.29.060", "title": "Permitted WFs.", "text": "The following types of WFs are permitted in any zone.(a) Eligible facility requests.(b) Collocation facilities that meets the requirements of California Government Code Section 65850.6, as may be amended or superseded.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653393", "number": "§ 40.29.070", "title": "Prohibited WFs.", "text": "The following types of WFs are prohibited.(a) WFs that exceed current standards for RF emissions standards adopted by the FCC.(b) WFs in areas zoned or designated on the general plan land use map for residential uses; or within five hundred feet of areas so designated or zoned. Mixed use zones are subject to this prohibition.(c) WFs on sites containing existing or planned public or private school facilities; or within five hundred feet of said areas so designated or zoned.(d) WFs in designated sensitive habitat areas, such as habitat restoration areas, as designated by the city. The community development and sustainability department shall maintain a map identifying such areas.(e) WFs on a property that has been designated an historical resource in accordance with Article 40.23.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653399", "number": "§ 40.29.080", "title": "Small wireless facilities.", "text": "Notwithstanding any other provision of the Davis Municipal Code to the contrary, all small wireless facilities shall be subject only to and must comply with the \"Citywide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities\" adopted by city council resolution. No person shall construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove, or otherwise deploy any small wireless facility in violation of such policy.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653400", "number": "§ 40.29.090", "title": "Applications.", "text": "(a) Application required. All conditional use permit applications for WFs shall be submitted under the conditional use permit procedures set forth in Article 40.30 and must include the following:(1) All application materials generally required for a conditional use permit under Article 40.30.(2) Any other information or materials the director may require in order to properly assess a particular application. The director shall determine the required number, size, and contents of any required plans.(3) A vicinity map, including topographic areas, one-thousand-foot radius from proposed site/facility, residential and school zones and major roads/highways. The distance of the existing or proposed WF from existing residentially designated/zoned areas, existing residences, schools, major roads and highways, and all other telecommunication sites and facilities (including other providers locations) within a one-thousand-foot radius shall be delineated on the vicinity map.(4) A site plan that includes and identifies:(A) All facility related support and protection equipment;(B) A description of general project information, including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of equipment, and a statement of compliance with current FCC requirements;(C) Elevations of all proposed telecommunication structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site.(5) Photo simulations, photo-montage, story poles, elevations and/or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed structure as it would be seen from surrounding properties from perspective points to be determined in consultation with the community development and sustainability department prior to preparation. The city may also require the simulation analyzing stealth designs, and/or on-site demonstration mock-ups before the public hearing.(6) Landscape plan that shows existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location. If deemed necessary, the director may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction. Where deemed appropriate by the community development and sustainability department, a landscape plan may be required for the entire parcel and leased area.(7) A written statement and supporting information, as requested by staff and/or the planning commission, regarding alternative site selection and co-location opportunities in the service area. The application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected, and a contact list used in the site selection process. Provide a statement and evidence of refusal regarding lack of co-location opportunities.(8) Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant.(9) An RF analysis conducted and certified by a state-licensed/registered RF engineer or qualified consultant to determine the maximum potential RF power density of the proposed WF at full build-out, along with a comparison of the maximum RF exposure calculations at ground level with the FCC's RF safety standards. The engineer shall use accepted industry standards for evaluating compliance with FCC-guidelines for human exposure to RF, such as OET 65, or any superseding reports/standards. The RF analysis shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant.(10) A cumulative impact analysis for the proposed facility and other WFs on the project site or within one thousand three hundred feet of the proposed WF site. The analysis shall include all existing and proposed (application submitted to the community development and sustainability department) WFs on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient RF fields and maximum potential cumulative electromagnetic radiation at, and surrounding, the proposed site that would result if the proposed WF were operating at full buildout.(11) Statement by the applicant of willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable.(12) A signed copy of the proposed property lease agreement, exclusive of the financial terms of the lease, including provisions for removal of the WF and appurtenant equipment within ninety days of its abandonment and provisions for city access to the WF for removal where the provider fails to remove the WF and appurtenant equipment within ninety days of its abandonment pursuant to Section 40.29.170(b). The final agreement shall be submitted at the building permit stage.(13) An evidence of needs report detailing operational and capacity needs of the provider's system within the City of Davis and the immediate area adjacent to the city. The report shall detail how the proposed WF is technically necessary to address current demand and technical limitations of the current system, including technical evidence regarding significant gaps in the provider's coverage, if applicable, and that there are no less intrusive means to close that significant gap. Such report shall be evaluated by a qualified firm or individual, chosen by the city, and paid for by the project applicant. The qualified firm or individual chosen by the city may request additional information from the applicant to sufficiently evaluate the proposed project.(14) A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by Section 40.29.180 and/or the director.(15) A description of the anticipated maintenance program and back-up generator power testing schedule.(16) Any other documents, information, and other materials the director deems necessary to make the findings required for approval and ensure that the WF will comply with applicable federal and state law, the City Code.(17) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility.(18) A complete description of the proposed WF and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the WF, and specifications for each element of the WF, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within five hundred feet of the facility. Before and after three hundred sixty degree photosimulations must be provided.(19) Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the City Code and the FCC's radio frequency emissions standards.(20) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached.(21) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing WF that was approved by the city. Before and after three hundred sixty degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the City Code and the FCC's radio frequency emissions standards.(22) Proof that notice has been mailed to owners of all property owners, and the resident manager for any multi-family dwelling unit that includes ten or more units, within three hundred feet of the proposed personal wireless services facility.(23) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application.(24) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.(25) Any required fees.(26) If the proposed WF is to be located in the public right-of-way, sufficient evidence of the permittee's regulatory status as a telephone corporation under the California Public Utilities Code (such as a valid CPCN).(b) The director may develop, publish, and from time to time update or amend any forms, checklists, guidelines, informational handouts, or other related materials that the director finds necessary, appropriate, or useful for processing any application governed under this article.(c) The director may establish any other reasonable rules and regulations as the director deems necessary or appropriate to organize, document and manage the application intake process, which may include without limitation regular hours for appointments with applicants. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.(d) If deemed necessary by the director, the city may hire a third party independent RF engineer to evaluate any technical aspect or siting issues proposed in the application. The applicant will be responsible to pay for all charges of this analysis.(e) Pre-submittal conference.(1) The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety, potential concealment issues or concerns, if applicable; coordination with other departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged, but not required to, bring any draft applications or other materials so that staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The city shall use reasonable efforts to provide the applicant within an appointment within five working days after receiving a request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.(2) A pre-submittal conference is required for all permitted and conditionally permitted WFs. Presubmittal conferences are allowed and encouraged, but not required, for small wireless facilities.(f) Submittal appointment. All applications must be submitted to the city at a pre-scheduled meeting with the director. The director shall use reasonable efforts to provide the applicant with an appointment within five working days after receipt of a request and if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any application received without an appointment, whether delivered in person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the City of Davis at a pre-submittal conference.", "history": "(Ord. 2570 § 1, 2020; Ord. 2677, 11/4/2025)" }, { "guid": "44653438", "number": "§ 40.29.100", "title": "General requirements and design standards.", "text": "The following general requirements and development standards are applicable to all permitted and conditionally permitted WFs.(a) Upgrades. If technological improvements or developments occur that allow the use of materially smaller or less visually obtrusive equipment, the service provider may be required to replace or upgrade an approved WF upon application for a new permit in order to minimize the WF's adverse impacts on land use compatibility and aesthetics. This provision would only apply to the specific site where the application for modification is requested.(b) Business license. Each service provider with a WF in the city shall obtain a city business license prior to initiation of service.(c) Mixed-use projects. New mixed-use planned developments over fifty acres in size shall be encouraged to identify a preferred site or sites for WFs under the terms of the planned development. Such sites may be developed with WFs, even if subsequent land use development occurs.(d) Code compliance. All WFs shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the Americans with Disabilities Act, as well as other restrictions specified in this article and other applicable provisions of the Davis Municipal Code.(e) Permit term. The city may impose a condition limiting the duration of any conditional use permit for a WF located on any property, but in no event shall such duration be less than ten years. Prior to expiration, the permittee may apply for an extension of its conditional use permit. An extension of the conditional use permit would be for a period of time determined by the city, and would be subject to the then existing requirements of this article. The city may approve, modify, or deny the application for extension subject to the then existing requirements of this article and applicable law.(f) Height. All WFs shall be designed to the minimum functional height required.(1) The height of the WF shall be measured from the natural, undisturbed ground surface below the center of the base of the structure to either the top of the structure or the highest antenna or related equipment attached thereto, whichever is higher.(2) If the WF is not attached to a building, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community.(g) Setbacks.(1) All WFs shall comply with the building setbacks applicable to the zoning district in which it is located, provided that in no instance, shall the WF (including antennae and equipment) be located closer than five feet to any property line unless a reduced setback is approved pursuant to a conditional use permit based on a finding that aesthetic impacts would be reduced and/or open space improved.(2) No WF shall be located within any required front or side yard unless approved by pursuant to a conditional use permit based on a finding that aesthetic impacts would be reduced and/or open space improved.(h) Landscaping. Landscaping shall be used for screening as appropriate to reduce visual impacts of WFs.(1) Existing landscaping in the vicinity of a proposed WF shall be protected from damage during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement.(2) Offsite landscaping may be required to mitigate off site impacts, subject to willing property owners. Additional landscaping may also be required in the public right-of-way to obscure visibility of a WF from passing motorists, bicyclists, and pedestrians.(i) Towers. Towers, where utilized, must be monopoles. Lattice towers are prohibited. Monopoles shall not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and the proposed tower height is necessary.(j) Stealth design. All WFs shall employ state of the art stealth technology and techniques shall be used, as appropriate to the site and the facility, to minimize visual impacts and provide appropriate screening to make the WF as visually inconspicuous as possible and to hide the WF from the predominant views from surrounding properties. In the case of WF mounted on existing structures, the WF shall also be located in a manner so as to minimize visual impacts from surrounding properties and PROW. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.(k) Building mounted antenna. All flush mounted antenna and support structures mounted on a building shall be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line and minimize visual impacts from surrounding properties. The specific color is subject to city review based on a visual analysis of the particular site.(l) Accessory equipment. All accessory equipment shall be designed and screened from public view. The specific design is subject to city review based on a visual analysis of the particular site.(m) Collocation. Support structures and site area for WFs shall be designed and of adequate size to allow at least one additional service provider to potentially collocate on the structure, subject to any specific design standards and aesthetic considerations required as a condition of approval.(n) Fencing. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit and/or allow for removal of graffiti.(o) Noise. WFs and all related equipment must comply with all noise regulations and shall not exceed such regulations, either individually or cumulatively. The city may require the applicant to incorporate appropriate noise baffling materials and/or strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. Back-up generators shall only be operated during power outages and/or for testing and maintenance purposes on weekdays between the hours of 9:00 a.m. and 4:00 p.m.(p) Security. WFs may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices to prevent unauthorized access, theft or vandalism. All WFs shall be constructed of graffiti resistant materials. Barbed wire, razor wire, electrified fences or any similar security measures are prohibited.(q) Power sources. Permanent backup power sources that emit noise or exhaust fumes are prohibited.(r) Lighting. WFs may not include exterior lights other than as may be required by an applicable governmental regulation or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed must comply with the City's Dark Sky Ordinance, No. 1966, if applicable, and shall be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. The provisions of this subsection shall not be interpreted to prohibit installations on street lights or the installation of luminaires on new poles when required.(s) Signage. All WFs must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll free number to the owner/operator's network operations center. WFs shall not bear any other signage or advertisements unless expressly approved by the city, required by law or recommended under governmental agencies for compliance with RF emissions regulations.(t) Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated WFs. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external cabinet, doghouse, or similar equipment housing. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent feasible. The city shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.(u) Public safety.(1) No WF shall interfere with access to any fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. No person shall install, use, or maintain any WF, which in whole or in part rest upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility, public transportation purposes, or other governmental purpose, or when such facility unreasonable interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into to egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near the location where the WFs are located.(2) For the protection of emergency response personnel, each WF shall have a main breaker switch to disconnect electrical power at the site. For co-location WF sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency.(3) WFs shall not be operated in any manner that would cause interference with the city's existing and/or future emergency telecommunication system. If such interference occurs, it is the service provider's responsibility to remedy the issue to the satisfaction of the city.(v) Security plan. A security plan, subject to the director's approval, must be kept on file with the city. Permittee must comply with the security plan at all times.(w) Indemnification—Liability. The following requirements shall be conditions of approval of all permits approved by the city for any WF.(1) The permittee shall defend, indemnify, and hold harmless the City of Davis, its officers, employees, or agents from or against any action or challenge to attack, set aside, void, or annul any approval or condition of approval of the City of Davis concerning this approval, including, but not limited to, any approval or condition of approval of the city council, planning commission, or director.(2) The permittee shall further defend, indemnify and hold harmless the City of Davis, its officers, agents, and employees from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee, its agents, employees, licensees, contractors, subcontractors, or independent contractors, pursuant to the approval issued by the city.(3) WF operators and permittees shall be strictly liable for interference their WF causes with city communications systems and they shall be responsible for the all costs associated with determining the source of the interference, eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and arising from third party claims against the city attributable to the interference.(4) The city shall promptly notify the permittee of any claim, action, or proceeding concerning the project and the city shall cooperate fully in the defense of the matter. The city reserves the right, at its own option, to choose its own attorney to represent the city, its officers, employees and agents in the defense of the matter.(5) Failure to comply with any of these conditions shall constitute grounds for revoking a WF permit.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653476", "number": "§ 40.29.110", "title": "Public hearing—Noticing.", "text": "Public hearings on proposed conditionally permitted WFs shall be conducted and noticed in accordance with Sections 40.30.070 of the Davis Municipal Code. The noticing radius for proposed WFs shall be five hundred feet. The noticing radius shall be measured from the outer boundary of the subject parcel, or, for those facilities in the PROW, from the outer boundary of the closest parcel adjacent to the subject PROW site.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653477", "number": "§ 40.29.120", "title": "Findings.", "text": "In addition to the required findings for a conditional use permit, and other standards set forth in this article, the following findings shall be met prior to approval of any WF requiring a conditional use permit:(a) The proposed WF has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.(b) The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a WF.(c) That proposed site will be appropriately landscaped as required by this article.(d) Based on information submitted, the proposed WF is in compliance with all FCC and California Public Utilities Commission (PUC) requirements.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653482", "number": "§ 40.29.130", "title": "Regulatory compliance and monitoring.", "text": "(a) Permittees shall ensure that its WF complies at all times with all current regulatory and operational requirements, including, but not limited to, RF emission standards adopted by the FCC, antenna height standards adopted by the Federal Aviation Administration, and any other regulatory or operational standard established by any other government agency with regulatory authority over the WF.(b) No WF, either by itself or in combination with other such facilities, shall generate at any time, electromagnetic or RF emissions in excess of the FCC-adopted standards for human exposure, as they may be amended over time.(c) The permittee shall, at its own expense, obtain and maintain the most current information from the FCC regarding allowable RF emissions and all other applicable regulations and standards, and shall file a monitoring report documenting its WF's current emissions (including field measurements). The field measurements shall be conducted in accordance with accepted industry standards. The report shall include findings from a qualified engineer or consultant as to whether the monitoring results are in compliance with FCC standards.(1) The monitoring report shall be filed with the director as follows:(A) For WFs approved after June 1, 2012, within five days of the WF's first day of operation (i.e., within five days of when the WF \"goes live\"), or as set forth in the permit issued under this article;(B) For WFs approved after June 1, 2012, annually on the anniversary of the initial compliance report submittal date, and for existing WFs, upon request by the director and annually thereafter;(C) Within six months of the effective date of any amendment or revision of applicable regulatory and operational standards, unless the controlling agency mandates a more stringent compliance schedule, in which case the report shall be filed consistent with the more stringent compliance schedule;(D) Upon any change or alteration in the WF's equipment or operation, including, but not limited to, addition of new antennas, change in frequency use, increase in effective radiated power, or addition of a new wireless provider to an existing WF (e.g., addition of a new tenant to a DAS WF).(2) At the director's sole discretion, a qualified independent RF engineer or consultant, selected by and under contract to the city, may be retained to review and verify monitoring reports for compliance with FCC regulations. All costs associated with the city's review of these monitoring reports shall be the responsibility of the permittee, which shall reimburse the city for the review costs within thirty days of the city's demand for reimbursement.(3) If a new WF is not in compliance with applicable FCC standards and conditions of approval, a final building permit shall not be issued, any operation of the WF shall cease immediately, and the permittee will be subject to the revocation procedures under this article if compliance is not achieved within a reasonable period as specified by the director following written notice and an opportunity to cure.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653493", "number": "§ 40.29.140", "title": "Existing conforming and legal nonconforming WFs.", "text": "(a) Except as may otherwise be required by state or federal law (as in the case of an eligible facility request), modification of an existing legal nonconforming WF shall be subject to same permitting requirements as a new WF.(b) Without otherwise limiting the applicability of any other provision of the Davis Municipal Code, all existing conforming and legal nonconforming WFs are subject to Sections 40.29.130, 40.29.150, 40.29.160, and 40.29.170 of this article.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653496", "number": "§ 40.29.150", "title": "Periodic review.", "text": "The city may conduct a periodic review of any WF to consider whether or not the facility is conforming with the conditions of its entitlements and permits.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653497", "number": "§ 40.29.160", "title": "Transfer of operation.", "text": "The permittee shall not assign or transfer any interest in its permits for WFs without advance written notice to the director. The notice shall specify the identity of the assignee or transferee of the permit, as well as the assignee or transferee's address, telephone number, name of primary contact person(s), and other applicable contact information, such as an e-mail address or facsimile number. The new assignee or transferee shall comply with all of the WF's conditions of approval.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653498", "number": "§ 40.29.170", "title": "Abandonment or discontinuation of use.", "text": "(a) All permittees who intend to abandon or discontinue the use of any WF shall notify the city of such intentions no less than sixty days prior to the final day of use. Said notification shall be in writing, shall specify the date of termination, the date the WF will be removed, and the method of removal.(b) Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for ninety days or more shall constitute abandonment by the permittee under this article or any predecessors to this article. The director shall send a written notice of abandonment to the permittee.(c) Upon abandonment, the conditional use permit shall become null and void. Absent a timely request for a hearing pursuant to subsection (e) of this section, the WF shall be physically removed at the permittee's expense no more than ninety days from the date of the abandonment notice. The WF shall be removed in accordance with applicable health and safety requirements and the site upon which the WF was located shall be restored to the condition that existed prior to the installation of the WF, or as required by the director. The permittee shall be responsible for obtaining all necessary permits for the removal of the WF and site restoration.(d) At any time after ninety days following abandonment, the director may have the WF removed and restore the premises as he/she deems appropriate. The city may, but shall not be required to, store the removed WF (or any part thereof). The WF permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed WF, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city.(e) The permittee may request a hearing before a hearing officer appointed by the city manager regarding the notice of abandonment, provided a written hearing request is received by the director within ten days of the date of the notice of abandonment. The appeal hearing shall be conducted pursuant to Section 23.04.060(d). The hearing officer shall issue a written decision. The decision of the hearing officer regarding abandonment of the WF shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city. Failure to file a timely hearing request means the notice of abandonment is final and the WF shall be removed within ninety days from the date of the abandonment notice.(f) Prior to commencing operations of a WF, the permittee shall file with the city, and shall maintain in good standing throughout the term of its approval, a bond or other sufficient security in an amount equal to the cost of physically removing the WF and all related facilities and equipment on the site, as determined by the director. However, the city may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this subsection. In setting the amount of the bond or security, the director shall take into consideration the permittee's estimate of removal costs.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653505", "number": "§ 40.29.180", "title": "Violations—Public nuisance.", "text": "Any violation of this article is deemed a public nuisance subject to abatement and shall, in addition to any other available legal penalty or remedy, constitute grounds for revocation of any permits and/or approvals granted under this article or any predecessors to this article.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653506", "number": "§ 40.29.190", "title": "Revocation of permit.", "text": "(a) Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the WF in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the director may schedule a public hearing before the planning commission to consider revocation of the permit. The planning commission revocation action may be appealed to the city council pursuant to Article 40.35.(b) If the permit is revoked pursuant to this section, the permittee shall remove its WF at its own expense and shall repair and restore the site to the condition that existed prior to the WF's installation or as required by the director within ninety days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the WF's removal and site restoration.(c) At any time after ninety days following permit revocation, the director may have the WF removed and restore the premises as he/she deems appropriate. The city may, but shall not be required to, store the removed WF (or any part thereof). The WF permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed WF, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653510", "number": "§ 40.29.200", "title": "Mandatory removal and relocation.", "text": "If a WF must be modified or relocated because of an abandonment, undergrounding of utilities, or change of grade, alignment or width of any street, sidewalk or other public facility (including the construction, maintenance, or operation of any other city underground or aboveground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency), the permittee shall modify, remove, or relocate its WF, or portion thereof, as necessary without cost or expense to the city. Said modification or removal of a WF shall be completed within ninety days of notification by the city unless exigencies dictate a different period of time as established by the director. In the event a WF is not modified or removed within the requisite period of time, the city may cause the same to be done at the sole expense of permittee. Further, in the event of an emergency, the city may modify, remove, or relocate WFs without prior notice to permittee provided permittee is notified within a reasonable period thereafter. A permittee electing to relocate a WF that was removed pursuant to this section shall be subject to the requirements of this article applicable to the proposed relocation site.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653511", "number": "§ 40.29.210", "title": "Appeals.", "text": "Any person dissatisfied with the decision to approve, deny, or revoke a conditional use permit for the construction or modification of a WF subject to this article may file an appeal in accordance with Article 40.35.", "history": "(Ord. 2570 § 1, 2020)" }, { "guid": "44653512", "number": "§ 40.29.220", "title": "Effect of state or federal law.", "text": "(a) Ministerial permits. In the event the city attorney determines that state or federal law prohibits any discretionary permitting requirements of this article, all provisions of this article shall be apply with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this article or deemed necessary by the director shall be imposed and administered as reasonable time, place, and manner rules. If the city attorney subsequently determines that the law has changed and that discretionary permitting has become permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determinations under this section shall be a public record.(b) Exceptions. Exceptions to any provision of this article, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted pursuant to a conditional use permit subject to the following:(1) An applicant must request the exception at the time its application is submitted. The request must include both the specific provision(s) of this article from which the exception is sought and the legal and factual basis of the request. Any request for an exception after the city has deemed an application complete shall be treated as a new application.(2) The exception shall only be granted upon a finding that application of the provision of this article from which the exception is sought would in the case of the proposed WF violate federal law, state law, or both. The applicant shall have the burden of proof as to this finding.(3) The city may hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.", "history": "(Ord. 2570 § 1, 2020)" } ] }, { "guid": "44653518", "title": "CONDITIONAL USE PERMITS", "number": "40.30", "url": "https://ecode360.com/44653518", "sha256": "06ca00619f0d2b9b77c596da8058d7a7dd06c125bf217ffd858184b67a07456f", "exportedArticleSha256": "0b7254bc60be63f3c16622b6988635057768a2ef8d36b1b2a19f58b7462e3aef", "sections": [ { "guid": "44653519", "number": "§ 40.30.010", "title": "Purpose.", "text": "The purpose of a conditional use permit is to allow a proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed or laid out in a particular manner on the site or lot.", "history": "(Ord. 296 § 28.1)" }, { "guid": "44653520", "number": "§ 40.30.020", "title": "Required.", "text": "A conditional use permit shall be required for all uses listed as conditional uses and uses identified in Section 40.28.040 of the Davis Municipal Code.", "history": "(Ord. 296 § 28.2; Ord. 1444 § 11; Ord. 1923 § 11; Ord. 2677, 11/4/2025)" }, { "guid": "44653521", "number": "§ 40.30.030", "title": "Considerations in issuing.", "text": "In considering an application for a conditional use or nonconforming use, the planning commission or city council shall give due regard to the nature and condition of the proposed or existing use and all adjacent uses and structures. The planning commission or city council may deny an application for a conditional use. In authorizing a conditional use, the planning commission or city council may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular use, as the planning commission or city council may deem necessary for the protection of adjacent properties and the public interest.", "history": "(Ord. 296 § 28.3; Ord. 1859 § 19)" }, { "guid": "44653522", "number": "§ 40.30.040", "title": "Application.", "text": "Application for a conditional use permit shall be made by the property owner or certified agent thereof to the planning commission on a form prescribed by the city. Conditional use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. Granting of a conditional use permit does not exempt applicant from complying with the requirements of the building code or other ordinances and codes.", "history": "(Ord. 296 § 28.4)" }, { "guid": "44653523", "number": "§ 40.30.050", "title": "Fee.", "text": "The application fee for a conditional use permit shall be as prescribed by city resolution adopted pursuant to Section 40.01.130, no part of which shall be refundable.", "history": "(Ord. 296 § 285; Ord. 561 § 4; Ord. 707 § 1)" }, { "guid": "44653524", "number": "§ 40.30.060", "title": "Accompanying maps and drawings.", "text": "The application for a conditional use permit shall be accompanied by maps and drawings necessary to demonstrate compliance with all requirements set forth herein. The number, type and scale of such maps and drawings shall be prescribed by the director.", "history": "(Ord. 296 § 28.6; Ord. 2677, 11/4/2025)" }, { "guid": "44653525", "number": "§ 40.30.070", "title": "Public hearing and notice.", "text": "A public hearing before the planning commission shall be held on an application for a conditional use permit. A conditional use permit being processed concurrently with an application requiring city council action shall be scheduled for public hearing before the planning commission for its recommendation and then the city council for final action. Notice of such hearing shall be given to owners of all property within five hundred feet of the subject site and as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.", "history": "(Ord. 296 § 28.7; Ord. 377 § 8; Ord. 432 § 2; Ord. 1323 § 1; Ord. 1329 § 1; Ord. 1768 § 12; Ord. 1859 § 20; Ord. 2155 § 5, 2004)" }, { "guid": "44653526", "number": "§ 40.30.080", "title": "Issuance.", "text": "(a) A conditional use permit may be approved only if the planning commission or city council makes the following findings:(1) The proposed use or development is consistent with the City of Davis General Plan and the Davis Municipal Code.(2) The proposed use or development conforms to all applicable standards and requirements of this title, as conditioned.(3) The proposed use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community.(4) The location, size, design and operating characteristics of the use or development are compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to the public or private property or improvements.(b) The director shall ensure that the development and use is undertaken and completed in compliance with such permit.", "history": "(Ord. 296 § 28.8; Ord. 432 §§ 3, 4; Ord. 1444 § 12; Ord. 1768 § 13; Ord. 1859 § 21; Ord. 1923 § 12; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653529", "number": "§ 40.30.090", "title": "Expiration.", "text": "Where a conditional use permit has not been initiated within thirty-six months after the date of granting thereof, the permit shall be null and void. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing of good cause for delay and that circumstances and conditions upon which the conditional use permit was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.Notwithstanding such extension, the holder of a conditional use permit may request tolling of the term for which the conditional use permit is valid due to litigation challenging the issuance of the permit. The tolling request must be submitted in writing to the director prior to the expiration of the term of the permit.The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.Abandonment of the site on which a conditional use has been approved, or the cessation of conditionally approved activity for a period of more than two years shall be a basis for revocation of a conditional use permit. If the conditional use has been abandoned or ceased activity for a period of two years or less, a new application for renewal of said conditional use permit, may be processed per the provisions of Article 40.39, Administrative Approvals, provided the provisions of the original conditional use permit are required on the renewed conditional use permit. The director may add additional provisions to the administrative use permit.", "history": "(Ord. 296 § 28.9; Ord. 445 § 1; Ord. 919 § 1; Ord. 1768 § 14; Ord. 1847 § 2; Ord. 2390 § 2, 2012; Ord. 2572 § 22, 2020; Ord. 2677, 11/4/2025)" }, { "guid": "44653530", "number": "§ 40.30.100", "title": "Effect of denial.", "text": "In case an application for a use permit is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including part or all of the same property shall be substantially different from the application denied, in the opinion of the planning commission, to be eligible for consideration within one year of the denial of the original application. An application denied without prejudice by the planning commission or city council shall be eligible for reconsideration within one year of the denial.", "history": "(Ord. 296 § 28.10; Ord. 2359 § 9, 2010)" }, { "guid": "44653531", "number": "§ 40.30.110", "title": "Revocation.", "text": "(a) In the event of a violation of any of the provisions of zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after public notice and hearing, revoke any conditional use permit. The determination of the planning commission shall become final ten days after the date of decision unless appealed to the city council.(b) Procedures used in considering a revocation of a conditional use permit shall be consistent with those of granting a conditional use permit as detailed in Article 40.30.", "history": "(Ord. 1329 § 3; Ord. 2117 § 2, 2003; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653534", "title": "ADMINISTRATIVE USE PERMITS", "number": "40.30A", "url": "https://ecode360.com/44653534", "sha256": "362dd5369d0c376624faa4077e3cb3140fe8c38a5246873a3656ff633023570a", "exportedArticleSha256": "ac444f1f3e19d72428a2d0c869c4a325c9f1fdfebd03586d2066163336806a5f", "sections": [ { "guid": "44653535", "number": "§ 40.30A.010", "title": "Purpose.", "text": "The purpose of an administrative use permit is to allow certain uses if they are suitable for the location and are designed in a manner which allows certain findings to be made while providing sufficient opportunities for public review.", "history": "(Ord. 2445 § 9, 2015)" }, { "guid": "44653536", "number": "§ 40.30A.020", "title": "Applicability and authority.", "text": "An administrative use permit shall be required when the director department director is authorized to process administrative use permit applications in conformance with this article. The director shall determine, based on the merits of the proposal, whether an application shall be approved administratively or scheduled for a public hearing before the planning commission.", "history": "(Ord. 2445 § 9, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653537", "number": "§ 40.30A.030", "title": "Public notice.", "text": "Prior to taking action on an administrative approval, the community development and sustainability department shall provide notice through a mailing to all tenants and owners of real property as shown on current property tax rolls within a minimum of five hundred feet of the subject property. At the discretion of the department, based on public interest in the project, the scope of notice, including property owner radius, may be expanded.", "history": "(Ord. 2445 § 9, 2015; Ord. 2503 § 3, 2017)" }, { "guid": "44653538", "number": "§ 40.30A.040", "title": "Comment period.", "text": "The department shall provide a comment period of no less than ten calendar days prior to taking action on an administrative approval, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the planning commission to consider the application.", "history": "(Ord. 2445 § 9, 2015)" }, { "guid": "44653539", "number": "§ 40.30A.050", "title": "Appeals to planning commission.", "text": "Any determination of the director with respect to an administrative approval application may be appealed to the planning commission upon submittal to the community development and sustainability department of an appeal application, accompanied by the fee established by resolution of the city council. In the absence of an appeal application being filed within ten days after the determination of the director, such determination is final.", "history": "(Ord. 2445 § 9, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653540", "number": "§ 40.30A.060", "title": "Application, fee, and required maps and drawings.", "text": "Application for an administrative use permit shall be made by the property owner or certified agent thereof on a form prescribed by the city.Granting of an administrative use permit does not exempt applicant from complying with the requirements of the building code or other ordinances and codes.", "history": "(Ord. 2445 § 9, 2015)" }, { "guid": "44653541", "number": "§ 40.30A.070", "title": "Findings for approval.", "text": "An administrative use permit approval shall be approved, conditionally approved, or denied by the director (or the planning commission or city council if subject to an appeal) pursuant to the requirements of Article 40.39, Administrative Approvals, of this chapter. An administrative use permit shall only be granted for uses that the Zoning Code expressly provides may be authorized upon the approval of an administrative use permit, for example non-ministerial accessory dwelling units, guest houses, and certain cannabis-related uses. Such application may be approved only if the following findings are made:(a) The proposed structure or use conforms to the requirements and intent of this chapter and the general plan.(b) The proposed use or development conforms to all applicable standards and requirements of this title as conditioned.(c) The proposed use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community.(d) The location, size, design and operating characteristics of the use or development are compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to the public or private property or improvements.", "history": "(Ord. 2445 § 9, 2015; Ord. 2503 § 4, 2017; Ord. 2602 § 22, 2021; Ord. 2677, 11/4/2025)" }, { "guid": "44653546", "number": "§ 40.30A.080", "title": "Term and expiration.", "text": "When an administrative use permit has not been used within thirty-six months after the date of granting thereof, the permit shall be null and void. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the administrative use permit was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.Notwithstanding such extension, the holder of an administrative use permit may request tolling of the term for which the administrative use permit is valid due to litigation challenging the issuance of the permit. The tolling request must be submitted in writing to the director prior to the expiration of the term of the permit. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.Abandonment of the site on which a use subject to an administrative use permit, or the cessation of conditionally approved activity pursuant to an administrative use permit for a period of six month shall be a basis for revocation of the administrative use permit. Under these circumstances, a new application for an administrative use permit must be processed pursuant to the provisions of this article for any uses designated by the Zoning Code as subject to an administrative use permit.", "history": "(Ord. 2445 § 9, 2015; Ord. 2503 § 5, 2017; Ord. 2572 § 23, 2020; Ord. 2677, 11/4/2025)" }, { "guid": "44653547", "number": "§ 40.30A.090", "title": "Effect of denial.", "text": "In case an application for an administrative use permit is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including part or all of the same property shall be substantially different from the application denied, in the opinion of the director, to be eligible for consideration within one year of the denial of the original application. An application denied without prejudice by the director, planning commission or city council shall be eligible for reconsideration within one year of the denial.", "history": "(Ord. 2445 § 9, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653548", "number": "§ 40.30A.100", "title": "Revocation.", "text": "(a) In the event of a violation of any of the provisions of zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after public notice and hearing, revoke any conditional use permit. The determination of the planning commission shall become final ten days after the date of decision unless appealed to the city council.(b) Procedures used in considering a revocation of an administrative use permit shall be consistent with those of granting a conditional use permit as detailed in Article 40.30.", "history": "(Ord. 2445 § 9, 2015; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653551", "title": "TEMPORARY USES", "number": "40.30B", "url": "https://ecode360.com/44653551", "sha256": "d59145f427db1ec99df9fd0045a71dc4d73ca130f899e918e5801c077a1ce4dc", "exportedArticleSha256": "8bb9603143354273ba1d412161c72fa1d3745fbee24243369eaa63cf363cbe62", "sections": [ { "guid": "44653552", "number": "§ 40.30B.010", "title": "Purpose.", "text": "The purpose of this article is to control and regulate land use activities of a temporary nature which have the potential to adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.", "history": "(Ord. 1906 § 1; Ord. 2445 § 8, 2015)" }, { "guid": "44653553", "number": "§ 40.30B.020", "title": "Allowable temporary uses.", "text": "The following uses may be allowed in the specified zoning districts, subject to the issuance of a temporary use permit. Temporary uses may be approved which do not comply with the development standards (such as setbacks) for the applicable district, subject to the requirements in this article.(a) Christmas tree or pumpkin sales lots in any district other than a residential one-family district. A maximum of thirty days is allowed per calendar year of use.(b) Circuses, carnivals, or similar amusement enterprises in any district, subject to the restrictions of Section 40.26.070 of this year's zoning ordinance. A maximum of fourteen days is allowed per calendar year. Safety certification of all rides and equipment is required to be presented to the building official.(c) Outdoor meetings, outdoor art and craft shows, antique shows, flea markets, or group activities, within parking areas in any district. A maximum of seven consecutive days is allowed per calendar quarter.(d) Outdoor display and sales of merchandise in any commercial district, such as flower stands or sidewalk sales, subject to any applicable provisions of Chapter 35 of this Code. A maximum of three consecutive days is allowed per calendar quarter.(e) Car washes, candy sales, and other activities by tax-exempt organizations pursuant to Section 501(c) of the Federal Reserve and Taxation Code, in any commercial or industrial district. A maximum of three consecutive days per temporary event is allowed.(f) Temporary tract offices and portable structures to be used as interim offices for construction activities, in any district, subject to the requirements of Section 40.26.360 of this chapter. A maximum of one year is allowed.(g) Similar temporary uses on dates and occasions which, in the opinion of the director, are compatible with the district and surrounding uses and necessary.", "history": "(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653561", "number": "§ 40.30B.030", "title": "Application—Fee.", "text": "Application for a temporary use permit shall be made by the applicant with the approval of the property owner or representative on a form prescribed by the city, and shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130. The application and fee must be submitted at least thirty days prior to the date the proposed use takes place, for properties in residential one-family zoning districts. The application and fee must be submitted at least ten days prior to the date the proposed use takes place, for properties in all other districts.", "history": "(Ord. 1906 § 1; Ord. 2445 § 8, 2015)" }, { "guid": "44653562", "number": "§ 40.30B.040", "title": "Maps and plans required.", "text": "Maps, plans, and any additional information required to demonstrate that the conditions set forth in this article apply to subject property shall be submitted with the application for a temporary use permit.", "history": "(Ord. 1906 § 1; Ord. 2445 § 8, 2015)" }, { "guid": "44653563", "number": "§ 40.30B.050", "title": "Authority.", "text": "(a) The director is authorized to approve, conditionally approve, or deny an application for a temporary use permit. The approval may include conditions and limitations to minimize detrimental effects on surrounding properties, including, but not limited to, hours of operation, provision of parking area, signage, lighting, and traffic circulation access.(b) At least ten days prior to approval of an application for a temporary use in a single-family residential zoning district, notice of such application shall be mailed to owners within five hundred feet of the site. Failure of owners to receive notice of such application shall in no way affect the validity of any action taken.(c) A cash deposit or cash bond to defray the costs of a site clean-up by the city in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zoning district, may be required.", "history": "(Ord. 1906 § 1; Ord. 2165 § 6, 2004; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653567", "number": "§ 40.30B.060", "title": "Required findings.", "text": "A temporary use permit may be approved only when the following conditions are found as contained herein:(a) The proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of the zoning ordinance;(b) Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;(c) The proposed temporary use complies with the various provisions of this article;(d) All necessary building, electrical, plumbing, fire, encroachment, or other permits and all necessary business licenses shall be obtained;(e) The proposed use will not become a nuisance;(f) Any necessary requirements and conditions with respect to location, construction, and maintenance, and operation have been or will be met.", "history": "(Ord. 1906 § 1; Ord. 2445 § 8, 2015)" }, { "guid": "44653574", "number": "§ 40.30B.070", "title": "Extensions.", "text": "Upon submittal of an application and payment of the applicable fee, the director is authorized to approve, conditionally approve, or deny an extension of an approved temporary use permit. The extension may be for no longer than the maximum term allowed for the temporary use, as specified in Section 40.30B.020. Approval of an extension of a temporary use in a residential one-family district requires notice pursuant to Section 40.30B.050.", "history": "(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653575", "number": "§ 40.30B.080", "title": "Appeals to planning commission.", "text": "Any determination of the director with respect to a temporary use permit application may be appealed to the planning commission upon submittal to the community development and sustainability department of an appeal application, accompanied by the fee established by resolution of the city council. Appeals shall be heard at the next planning commission meeting that is legally possible. In absence of an appeal application being filed within five days of the determination of the director, such determination is final.", "history": "(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653576", "title": "SITE PLAN AND ARCHITECTURAL APPROVAL", "number": "40.31", "url": "https://ecode360.com/44653576", "sha256": "f8d4ea1ffbd36f4271c245a3ac6636ebbcd48c644edaddcf6716494cb958f2bd", "exportedArticleSha256": "2f0bdd0e6955022f26bdfdf4172530c0fb5dcdfd640275317dd97830695feea4", "sections": [ { "guid": "44653577", "number": "§ 40.31.010", "title": "Creation of design review process.", "text": "A design review process of the city is established. The community development and sustainability department director shall have the authority to process site plan and architectural approval requests in conformance with this article.", "history": "(Ord. 1694 § 1; Ord. 2390 § 2, 2012)" }, { "guid": "44653578", "number": "§ 40.31.020", "title": "Purpose.", "text": "The purpose of the design review process is comprehensive site plan and architectural review so as to determine compliance with this article and to promote the orderly and harmonious growth of the city and the stability of land values and investments and the general welfare; and to help prevent the impairment or depreciation of land values and the development by the erection of structures, additions or alterations thereto without proper attention to siting, or of unsightly, undesirable or obnoxious appearance; and to prepare for and help to prevent problems arising affecting the community due to the nature of existing and planned uses of land and structures, such as traffic, public, safety, public facilities, utilities and services, among others.", "history": "(Ord. 1694 § 1)" }, { "guid": "44653579", "number": "§ 40.31.030", "title": "Findings.", "text": "The city council finds that poor or inappropriate exterior design of improvements to real property adversely affects the health, safety and welfare of the residents of the city by creating one or more of the following conditions:(a) The desirability of other properties within the vicinity for the uses for which they are zoned is adversely affected;(b) The benefits of occupancy of other property in the vicinity are impaired;(c) Property values within the vicinity do not retain their stability;(d) The most appropriate development of other properties within the vicinity is impaired;(e) The maintenance or improvement, or both, of surrounding properties is discouraged with the result that these properties degenerate and there is an accompanying deterioration of conditions which affect the health, safety, comfort and general welfare of the inhabitants of the area and the inhabitants of the city at large;(f) The proper relationship between the taxable value of real property in the vicinity and the cost of municipal services to these properties is destroyed; and,(g) The unsightliness which exists causes a decrease in the value of surrounding properties.", "history": "(Ord. 1694 § 1)" }, { "guid": "45618562", "number": "§ 40.31.035", "title": "Citywide objective design standards for qualifying mixed-use and multifamily residential developments.", "text": "(a) All new multifamily projects and mixed-use projects that may be approved through a ministerial review process shall comply with the Citywide Objective Design Standards. This shall include, but not be limited to, projects seeking approval under Government Code Section 65913.4 (\"SB 35 projects\"), Government Code Section 65852.24 (\"SB 6 projects\"), and any other existing or future section of state law or this article that requires ministerial approval of multifamily residential or mixed-use projects.(b) All new multifamily projects and mixed-use projects that may be approved through a discretionary review process but that are nonetheless required by state law to comply with objective standards shall comply with the Citywide Objective Design Standards, as well as any existing objective standards applicable to the project. In the case of a conflict between existing objective standards applicable to a project and the Citywide Objective Design Standards, the Citywide Objective Design Standards shall prevail. Such projects shall comply with all necessary discretionary review processes and applicable subjective design standards to the extent permitted by state law.(c) The city council may adopt and amend the Citywide Objective Design Standards by resolution.", "history": "(Ord. 2665, 8/27/2024)" }, { "guid": "44653587", "number": "§ 40.31.040", "title": "Functions of the director in the design review process.", "text": "The function of the director shall be to review the following, with respect to all structures except artwork, single-family dwellings (except as otherwise directed in this section), and accessory buildings, unless specified otherwise elsewhere in this chapter:(a) Siting of all structures as designated upon a site plan, except for wireless telecommunications facilities, which shall be reviewed in accordance with Article 40.29 of this chapter;(b) Landscaping, fencing, other screening as designated on a landscape or sprinkler plan featuring all existing trees and shrubs and proposed plantings;(c) Design of all circulation and parking and loading facilities for automobiles and bicycles;(d) Location, design and screening of garbage and recycling facilities;(e) Details of fencing, and of public work items such as curb cuts, curbs, gutters, sidewalk design, drainage, fire hydrants;(f) Location, design and intensity of all exterior lighting;(g) Location and design of addressing system or graphics and mail delivery system;(h) Location and design of all required open space areas;(i) Exterior elevations or perspective drawings of structures featuring building height, description of all building materials, building colors, screening of utility meters and mechanical equipment;(j) Design, placement, dimension, colors of all proposed signs and exterior graphics as limited by the sign section of the zoning ordinance. This shall include building materials, lighting systems and intensity of signs and temporary signs and shall apply to all temporary as well as permanent signing;(k) Review of sign variance applications pursuant to Sections 40.33.010 to 40.33.120 of this chapter upon proper administrative review procedures as identified in this chapter;(l) Review of design and placement of facilities for physically handicapped;(m) Review of prefabricated, or otherwise constructed, accessory buildings in terms of colors, location and design;(n) Review design of parks and greenbelts in cooperation with the recreation and park commission;(o) Review of any other external feature deemed to be materially important to the site or building design;(p) Proposed projects that meet the criteria adopted by resolution for minor improvement projects shall be processed in accordance with the procedures adopted in the resolution;(q) Review of garage conversion applications for exceptions to parking standards for single-family and duplex dwellings, pursuant to Section 40.25.115;(r) Projects within the Davis downtown and traditional neighborhood overlay area;(s) Review of increases in allowable floor area ratio for single-family and duplex dwellings pursuant to Sections 40.03.060, 40.04.060 and 40.06.060 (area, lot width, yard and open space requirements for R-1, R-2 and R-R zones);(t) Review of increases in the allowable height of atrium and courtyard walls for residential dwellings pursuant to Section 40.27.060;(u) Review of new construction of single-family dwellings, duplexes, or two-family dwellings that are two or more stories;(v) Review of all additions to single-family dwellings, duplexes, or two-family dwellings that increase the gross square footage of the dwelling by more than 40 percent. For purposes of this calculation the base square footage shall be that on record as of the effective date of this ordinance.", "history": "(Ord. 1694 § 1; Ord. 1940 §§ 10, 11; Ord. 2066 § 5, 2001; Ord. 2110 § 5, 2003; Ord. 2155 § 4, 2004; Ord. 2358 § 3, 2010; Ord. 2390 § 2, 2012; Ord. 2548 § 3, 2019; Ord. 2558 § 3, 2019; Ord. 2677, 11/4/2025)" }, { "guid": "44653610", "number": "§ 40.31.050", "title": "Principles to be followed.", "text": "In carrying out the purposes of this article with respect to the external design of buildings and site plans of all proposed new buildings, structures or uses for which site plans and architectural review is required, the following principles shall be applicable:(a) Review of architectural character shall not be so restrictive that individual initiative is stifled in the design of any particular building or site or that substantial additional expense is required. Rather, it is the intent of this article that the review exercised shall be the amount necessary to achieve the overall objectives of this article;(b) Good architectural and landscape architectural character is based upon the suitability of a building or site for its purposes; upon the appropriate use of sound materials, good relationship with other structures and the character of the city; and upon the principles of harmony, preparation and design in the elements of the building or site;(c) Good architectural and landscape architectural character and site planning design are not, in themselves, more expensive than poor architectural character and poor site planning design, and are not dependent upon the particular styles of architecture; and(d) Review of sign graphics shall be based upon suitability of the sign colors, placement, design to overall building design and adjacent sign themes. The community development and sustainability department shall consider the extent, design and location of all temporary signs in the review of sign graphics.", "history": "(Ord. 1694 § 1)" }, { "guid": "44653615", "number": "§ 40.31.060", "title": "Fees and drawings required.", "text": "Three copies of accurately scaled drawings shall be submitted with three copies of the application form. The number of copies of such plans to be submitted shall be established by the director. The community development and sustainability department may require submission of amendments to an application before, during or after its review period to reflect more detailed information reasonably necessary for staff to make its determination.If a new structure or an addition to an existing structure is proposed, where the addition or new structure will be located within the tree protection zone or tree canopy of a tree of significance or landmark tree as defined in Section 37.01.020, and Sections 37.03.010, 37.03.020 and 37.03.050, a site plan shall be submitted that accurately depicts the location of all mature trees on the site, including the type of tree and diameter of the tree at breast height (DBH), and the height and size of the tree canopy which may be within the building envelope. At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site which may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).", "history": "(Ord. 1694 § 1; Ord. 2020 § 6, 2000; Ord. 2099 § 6, 2002; Ord. 2390 §§ 2, 3, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653616", "number": "§ 40.31.070", "title": "Procedure for action by community development and sustainability department.", "text": "The procedure for action on design review submittals shall be as established in Article 40.39 of this chapter, entitled Administrative Approvals, commencing with Section 40.39.010", "history": "(Ord. 1694 § 1; Ord. 1975 § 5, 1999)" }, { "guid": "44653617", "number": "§ 40.31.080", "title": "Review procedures.", "text": "The review procedure for all applications may consist of a preliminary plan and a final plan or just the latter. The community development and sustainability department encourages a preliminary and final plan in instances of large or complicated development projects.Preliminary review by the community development and sustainability department has the following purposes:(a) Indicate to the applicant major areas of deficiency and good design;(b) Instruct the applicant as to sections of the project which are unacceptable or need minor revision; and(c) Inform the community development and sustainability department on the scope of the project of the final review stage.", "history": "(Ord. 1694 § 1)" }, { "guid": "44653621", "number": "§ 40.31.085", "title": "Findings for approval.", "text": "A site plan and architectural (design review) application shall be approved, conditionally approved, or denied by the director, planning commission, or city council pursuant to the requirements of Article 40.39 of this chapter. Such application may be approved only if the following findings are made:(a) The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, and is consistent with any adopted design guidelines for the district within which the project is located;(b) The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community;(c) The architectural design of the proposed project is compatible with the existing properties and anticipated future developments within the neighborhood in terms of such elements as height, mass, scale, and proportion;(d) The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation; and(e) The location, climate, and environmental conditions of the site are adequately considered in determining the use of appropriate construction materials and methods. Sufficient conditions are included with the approval to ensure the long-term maintenance of the project.", "history": "(Ord. 2067 § 1, 2001; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653627", "number": "§ 40.31.090", "title": "Appeals.", "text": "The procedure for appeal of a design review determination shall be as established in Section 40.39.050 of this Code.", "history": "(Ord. 1694 § 1; Ord. 1890 § 2; Ord. 1975 § 5, 1999)" }, { "guid": "44653628", "number": "§ 40.31.100", "title": "Term.", "text": "The design review approval of a site plan and architecture subject to Article 40.31 of the Davis Municipal Code shall become null and void if substantial construction in good faith reliance on the approval has not commenced within a thirty-six-month period subsequent to such approval. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the site plan and architecture were approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.Notwithstanding such extension, the holder of an approved site plan and architectural review may request tolling of the term for which the approved site plan and architectural review is valid due to litigation challenging the approval. The tolling request must be submitted in writing to the director prior to the expiration of the term of the approval. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.", "history": "(Ord. 1847 § 4; Ord. 2390 § 2, 2012; Ord. 2572 § 24, 2020; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653629", "title": "PLANNED UNIT DEVELOPMENT APPROVAL", "number": "40.32", "url": "https://ecode360.com/44653629", "sha256": "7d5b3d9062733056df93b4aaa5f6529d411d6ca7395aec6f9ecadd5393638a37", "exportedArticleSha256": "36fcc96d5cfed03c451728b7658ab996f9bfd61ec607b03b51cd86177a56d5e8", "sections": [ { "guid": "44653630", "number": "§ 40.32.010", "title": "Purpose of article.", "text": "The purpose of planned unit development approval is to allow diversification in the relationship of various buildings, structures and open spaces in planned building groups and the allowable heights of such buildings and structures, while insuring substantial compliance with the regulations and provisions of this chapter, in order that the intent of this chapter in requiring adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of modern large-scale planning for residential, commercial or industrial purposes. Provisions for a more desirable living environment than would be possible through the strict application of the requirements of this chapter are encouraged. Developers are encouraged to use more creative approaches in the development of land, to encourage more efficient, aesthetic and desirable use of open areas and open land and to encourage variety in the physical development pattern of the city.", "history": "(Ord. 296 § 31.1)" }, { "guid": "44653631", "number": "§ 40.32.020", "title": "Minimum areas.", "text": "No application shall be made for an area of less than one acre for any proposed use.", "history": "(Ord. 296 § 31.4; Ord. 580 § 2)" }, { "guid": "44653632", "number": "§ 40.32.030", "title": "Change of zoning district.", "text": "No application under this article shall be accepted for a use which will require change of zoning district, unless such application is accompanied by an application for a zoning amendment.", "history": "(Ord. 296 § 31.5)" }, { "guid": "44653633", "number": "§ 40.32.040", "title": "Drawings and plans required.", "text": "Application under this article shall be accompanied by five copies of a general development plan showing the use, dimensions and locations of proposed structures, and areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open space, and architectural drawings and sketches demonstrating the design and character of the proposed uses and physical relationship of the uses. A site plan shall be submitted which accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Sections 37.01.020, 37.03.010, 37.03.020 and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s). Such other pertinent information shall be included as may be necessary for a determination that the contemplated arrangement of use makes it desirable to apply requirements differing from those ordinarily applicable under this chapter.", "history": "(Ord. 296 § 31.6; Ord. 2020 § 7, 2000; Ord. 2099 § 7, 2002; Ord. 2390 § 3, 2012)" }, { "guid": "44653634", "number": "§ 40.32.050", "title": "Public hearing.", "text": "No public hearing need be held; provided, that no zoning amendment is required. However, a public hearing may be held by the planning commission when it deems such hearing to be necessary in the public interest.", "history": "(Ord. 296 § 31.7)" }, { "guid": "44653635", "number": "§ 40.32.060", "title": "Planned unit development standards.", "text": "(a) The gross population density and building intensity of any area proposed planned unit development shall remain unchanged and conform to the basic overall density and building intensity of the zoning district in which it lies. However, lot dimensions, building setbacks and area do not have to meet the specific requirements of this chapter; provided, that a more functional and desirable use of the land is made.(b) A planned and well designed variety of dwelling and building types is encouraged.(c) Residential lot sizes, for proposed single-family detached dwelling units, may be reduced for the following zoning districts:(1) R-1-6. Maximum reduction of ten percent of minimum area required by this chapter.(2) R-1-8. Maximum reduction of twenty percent of minimum area required by this chapter.(3) R-2. Maximum reduction of ten percent of minimum area required by this chapter.(4) R-E. Maximum reduction of sixty percent of minimum area required by this chapter.(5) The above reductions of lot areas shall apply provided drawings are submitted which show that the relationship of interior and exterior living or working area is desirable and adequate, and that the living and working environment is just as desirable as the strict requirements of this chapter.(d) For each square foot of land gained within a planned unit development through the reduction of lot sizes below the minimum requirements of this chapter, or other means, equal amounts of land shall be dedicated to the city and retained as open space for park, recreational use and related uses. All such lands dedicated shall meet the city's requirements.(e) The planting area, utility strip or boulevard strip between the curb and the sidewalk may be moved and placed into an acceptable public park area on an equal area basis. If this is done, then either an integral curb, gutter and sidewalk may be constructed, or another acceptable sidewalk plan may be developed. Where integral curb, gutter and sidewalk is allowed, a planting and utility strip seven feet in width is required as an easement. Integral curb, gutter and sidewalk development cannot be used on major or secondary thoroughfares or parkways. Areas required for planting strips cannot be eliminated to enable larger lot sizes or be used for purposes in a nonpublic park.(f) All areas proposed for dedication to the city shall meet requirements of the planning commission as to area size and location.(g) All areas proposed as private parks or similar uses, if using the advantages of the planned unit development approval shall convey to the city their development rights, hereby identified as recreational and open space easements, and shall meet the requirements of the planning commission as to size and location.(h) Rights of way for riding, hiking and other types of trails and scenic ways may be dedicated to the city through a space exchange by a reduction in lot sizes and elimination of the planting strip on an equal per square foot exchange basis; provided, that the requirements of the planning commission concerning area and location are satisfied. Rights-of-way for water courses and similar channels are not acceptable for space exchanges under planned unit development approval. However, that portion of the right-of-way which is useable as a trail or similar way may be acceptable, however it shall be approved by the planning commission.(i) A well designed clustering of dwellings may be accomplished through a reduction of lot sizes, the overall density remaining the same, and the provision of useable and desirable open spaces dedicated to the city, subject to the approval of the planning commission.(j) Public utility easements and other similar easements cannot be used for space exchange under the planned unit development approval.(k) Commercial development is encouraged to make a variety of uses of the setback requirements by trading space through the development of open plazas, shade tree planting areas, pedestrian malls, landscaping and similar uses.(l) Industrial development is encouraged to make better use of required open space by varying the setback requirements and other requirements, if it can be shown that the development results in a more efficient and desirable use of open space.(m) Any residential subdivision which includes land proposed to be dedicated to the city for park and open space use shall include dedication of the total park and open space area at the time of filing the final subdivision map on all or any portion of the subdivision, or tract.(n) The developer is encouraged to obtain a trained and experienced landscape architect, architect or land planner to prepare plans for all planned unit developments to enable the most expeditious processing of such developments.(o) The city shall provide the basic working drawings and landscape architectural designs for all areas dedicated to the city for public park purposes and provide the basic landscaping if the developer will do the earthwork grading following a grading plan prepared by the city and provided the developer.(p) All park areas and open space dedications or easements, under planned unit development approval, shall contain all improvements in accordance with the city's street improvement requirements, and shall be completed concurrent with improvements on abutting property.", "history": "(Ord. 296 § 31.8)" }, { "guid": "44653657", "number": "§ 40.32.070", "title": "Planning commission review and findings.", "text": "In order to grant a planned unit development permit, the planning commission shall find the following as contained herein:(a) That the proponents of the planned unit development have demonstrated that they are financially able to carry out the proposed project, and that they intend to start construction within six months from the date of the approval of the project and any necessary zoning district change, and intend to complete the construction within a reasonable time as determined by the planning commission.(b) That the proposed development conforms to the city master plan in terms of general location and general standards of development.(c) In the case of proposed residential developments, that such developments will constitute a residential environment of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and will result in an intensity of land utilization not substantially higher than, and standards of open spaces at least as high as permitted or specified otherwise, for such development in this chapter.(d) In the case of proposed commercial developments, that such developments are needed at the proposed locations to provide adequate commercial facilities of the type proposed, that traffic-congestion will not likely be created by the proposed center, or will be obviated by proposed improvements and by demonstrable provision in the plan for proper entrances and exits, and by internal provisions for traffic and parking, that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding area.(e) In the case of proposed industrial developments, that such development is fully in conformity with the applicable performance standards, and will constitute an efficient and well organized development, with adequate provisions for railroad or truck access, service and necessary storage, that such development will have no adverse effects upon adjacent or surrounding areas, and adequate provisions will be made for off-street parking and loading.(f) That the development of a harmonious, integrated plan justifies exceptions, if such are required, to the normal requirements of this chapter.", "history": "(Ord. 296 § 31.9)" }, { "guid": "44653664", "number": "§ 40.32.080", "title": "Action by planning commission; conditions imposed.", "text": "The planning commission shall act upon an application under this article within forty-five days, pending any necessary zoning amendments. In taking action, the planning commission may deny a permit, may grant a permit as submitted or may grant a permit subject to additional conditions. Such conditions may include a performance bond of not more than ten percent of the estimated cost of the planned unit development. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this chapter only to the extent specified in the permit.", "history": "(Ord. 296 § 31.10)" }, { "guid": "44653665", "number": "§ 40.32.090", "title": "Compliance with permit.", "text": "Following the approval of a final planned development application by the planning commission, the director shall ensure that development is undertaken and completed in conformance with the approved plans.", "history": "(Ord. 296 § 31.11; Ord. 1444 § 15; Ord. 1923 § 15; Ord. 2572 § 3, 2020)" }, { "guid": "44653666", "number": "§ 40.32.100", "title": "Revocation and expiration of development permit.", "text": "A planned unit development permit may be revoked in any case where the conditions of such permit have not been or are not being complied with. The planning commission shall give to the permittee notice of intention to revoke such permit at least ten days prior to the review of the permit by the planning commission. After conclusion of such review, the planning commission may revoke such permit. In any case where a permit has not been used within six months after the date of granting thereof, then without further action, the permit granted shall be null and void.", "history": "(Ord. 296 § 31.12)" }, { "guid": "44653667", "number": "§ 40.32.110", "title": "Extensions of time.", "text": "Extensions of time limitations in this article may be granted by the planning commission upon the showing of good faith effort by the permittee to comply therewith and failure to so comply by reason of conditions beyond the control of the permittee.", "history": "(Ord. 296 § 31.13)" } ] }, { "guid": "44653668", "title": "VARIANCES", "number": "40.33", "url": "https://ecode360.com/44653668", "sha256": "4aa439ec470e1e77ff589f32fd8c2d4d02aef13781c628ae657073da93965675", "exportedArticleSha256": "3ee1ff21f62a77a3d229ad91af39647e839f7042c95f2b86872e24eb45177dfa", "sections": [ { "guid": "44653669", "number": "§ 40.33.010", "title": "Purpose of article.", "text": "The purpose of a variance is to allow variation from the strict application of the requirements of this chapter where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property as of March 6, 1963, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or the development of property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this chapter.", "history": "(Ord. 296 § 32.1)" }, { "guid": "44653670", "number": "§ 40.33.020", "title": "Variance permitting nonconforming use prohibited.", "text": "In no case shall a variance be granted to permit a use other than a use permitted in the district.", "history": "(Ord. 296 § 32.2)" }, { "guid": "44653671", "number": "§ 40.33.030", "title": "Application; fee.", "text": "Application for a variance shall be made by the property owner on a form prescribed by the city, and shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130, no part of which shall be refundable; provided, that if the application for variance is made at the request of the city solely to preserve trees which are situated on the property which is the subject of the variance, then there shall be no fee.", "history": "(Ord. 296 § 32.3; Ord. 436 § 2; Ord. 561 § 3; Ord. 606; Ord. 623 § 2; Ord. 649 § 6; Ord. 707 § 1; Ord. 1038 § 2; Ord. 2359 § 10, 2010)" }, { "guid": "44653672", "number": "§ 40.33.040", "title": "Maps and drawings required.", "text": "Maps and drawings required to demonstrate that the conditions set forth in this article apply to subject property, together with precise and accurate legal descriptions and scale drawings of property and existing buildings, and other data required, shall be submitted with the application for a variance.A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Sections 37.01.020, 37.03.010, 37.03.020 and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).", "history": "(Ord. 296 § 32.4; Ord. 2020 § 8, 2000; Ord. 2099 § 8, 2002; Ord. 2390 § 3, 2012)" }, { "guid": "44653673", "number": "§ 40.33.050", "title": "Public hearing and notice.", "text": "A public hearing before the planning commission shall be held on an application for a variance. A variance being processed concurrently with an application requiring city council action shall be scheduled for public hearing before the planning commission for its recommendation and then the city council for final action. Notice of such hearing shall be given to owners of all property within five hundred feet of the subject site and as required by state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.", "history": "(Ord. 296 § 32.5; Ord. 316 § 24; Ord. 436 § 1; Ord. 623 § 3; Ord. 1038 § 2; Ord. 1323 § 3; Ord. 1627 § 54; Ord. 1768 § 8; Ord. 1859 § 22; Ord. 2165 § 7, 2005)" }, { "guid": "44653674", "number": "§ 40.33.060", "title": "Grounds for variance.", "text": "The planning commission or city council may grant a variance only when the following conditions are found as contained herein:(a) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located;(b) That because of special circumstance applicable to subject property, the strict application of this chapter is found to deprive subject property of privileges enjoyed by other properties in the vicinity and in the same zoning district;(c) That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest;(d) That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not so general or recurrent in nature as to make reasonable or practicable the formulation of a general regulation for such conditions or situations.", "history": "(Ord. 296 § 32.6; Ord. 436 § 2; Ord. 623 § 4; Ord. 1038 § 2; Ord. 1627 § 55; Ord. 1769 § 9; Ord. 1859 § 23)" }, { "guid": "44653679", "number": "§ 40.33.070", "title": "Approval.", "text": "The planning commission or city council shall act upon any application within sixty days of determination of completeness, and may approve the variance or may approve the variance subject to specified conditions. The applicant requesting the variance shall be notified in writing forthwith of any action taken.", "history": "(Ord. 296 § 32.7; Ord. 436 § 2; Ord. 623 § 5; Ord. 1038 § 2; Ord. 1627 § 56; Ord. 1768 § 10; Ord. 1859 § 24)" }, { "guid": "44653680", "number": "§ 40.33.080", "title": "Term—Transferable.", "text": "Where a variance has not been used within thirty-six months after the date of granting thereof, the variance shall be null and void. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the variance was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.Notwithstanding such extension, the holder of a variance may request tolling of the term for which the variance is valid due to litigation challenging the issuance of the variance. The tolling request must be submitted in writing to the director prior to the expiration of the term of the variance. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.", "history": "(Ord. 296 § 32.9; Ord. 1847 § 3; Ord. 2390 § 2, 2012; Ord. 2572 § 25, 2020; Ord. 2677, 11/4/2025)" }, { "guid": "44653681", "number": "§ 40.33.090", "title": "Appeals to planning commission.", "text": "Decisions of the planning commission with respect to variances may be appealed to the planning commission upon written request for a hearing before the planning commission. Decisions of the planning commission with respect to variances may be appealed to the city council upon written request. In the absence of such request being filed within ten calendar days after the determination of the planning commission, such determination is final.", "history": "(Ord. 296 § 32.10; Ord. 436 § 2; Ord. 623 § 7; Ord. 1038 § 2; Ord. 1627 § 57; Ord. 1768 § 11; Ord. 1890 § 3; Ord. 2359 § 10, 2010)" }, { "guid": "44653682", "number": "§ 40.33.100", "title": "Effect of denial.", "text": "In case an application for a variance from the requirements of this chapter is denied, such application shall not be eligible for reconsideration. A new application affecting or including all or part of the same property shall, in the opinion of the planning commission, be substantially different from the application denied to be eligible for consideration.", "history": "(Ord. 296 § 32.11; Ord. 436 § 2; Ord. 623 § 8; Ord. 1038 § 2; Ord. 1627 § 58; Ord. 2359 § 10, 2010)" } ] }, { "guid": "44653683", "title": "PREZONING", "number": "40.34", "url": "https://ecode360.com/44653683", "sha256": "3ee701921d4f48c9385fb04950818eddaa39bd7265001d4df76c7ad46bc16f5f", "exportedArticleSha256": "c6475794f7f67b3664c0b57f79f975f831e6cc141eb2c548d85e28949e08d812", "sections": [ { "guid": "44653684", "number": "§ 40.34.010", "title": "Authorized.", "text": "Unincorporated territory adjoining the city may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this article.", "history": "(Ord. 381 § 1)" }, { "guid": "44653685", "number": "§ 40.34.020", "title": "Initiation—Application fee.", "text": "Application for prezoning may be initiated by the city council or the planning commission or by application of one or more owners of property affected by the proposed prezoning, which application, in the case of an individual applicant, shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130.", "history": "(Ord. 381 § 1; Ord. 561 § 2; Ord. 707 § 1)" }, { "guid": "44653686", "number": "§ 40.34.030", "title": "Application.", "text": "An application for prezoning shall be filed on a form prescribed for that purpose by the city and shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed prezoning is in general conformance to the master plan of the city, if the same covers the area sought to be prezoned, and that public necessity, convenience and general welfare require the adoption of the proposed prezoning. An accurate and precise legal description and a map of the subject property and existing buildings shall be submitted with the application. The map shall be drawn from and at the same scale as the county assessor's block book maps and shall include the following information:(a) All parcels of land, any parts of which are closer than three hundred feet from any part of the property proposed to be prezoned.(b) Full names and addresses of registered owners of all parcels described in subsection (a) of this section, within three hundred feet.(c) Existing streets, streets proposed by an officially adopted plan of the city and all surface drainage channels.(d) Existing zoning of all the land within three hundred feet of the property proposed to be prezoned whether within or without the city.A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Sections 37.01.020, 37.03.010, 37.03.020 and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any trees on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).", "history": "(Ord. 381 § 1; Ord. 2020 § 9, 2000; Ord. 2099 § 9, 2002; Ord. 2390 § 3, 2012)" }, { "guid": "44653691", "number": "§ 40.34.040", "title": "Public hearings; recommendations of planning commission.", "text": "(a) Without regard to whether such application is initiated by the city council, the planning commission or one or more of the owners of the property affected, the planning commission shall hold a public hearing on any proposed ordinance to prezone. Notice of the hearing shall include: the time and place; a general explanation of the matter to be considered; and a general description of the area affected. The notice shall also state substantially the following, pursuant to California Government Code Section 65009, as amended September 30, 1984:If the prezoning application is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the director at, or prior to, the public hearing.Notice shall be given not less than ten calendar days before the hearing in the following manner:(1) Notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to the prezoned, or if there is none, it shall be posted in at least three public places in the areas to be prezoned.(2) In addition to notice by publication as hereinabove provided, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.(b) Any hearing may be continued from time to time.(c) After the hearing, the planning commission shall its decision in the form of a written recommendation to the city council. This recommendation shall include the reason for the recommendation and shall be transmitted to the city council in such form and manner as may be prescribed by the city council.(d) Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing; provided, that if the planning commission has recommended against the adoption of such pre-zoning, the city council shall not be required to take any further action thereon unless an interested party shall request such a hearing by filing a written request with the city clerk within five days after the planning commission files its recommendation with the city council.(e) Notice of the time and place of the hearing by the city council shall be given in the manner and time provided for in subsection (a)(1) of this section.(f) In addition to notice given as provided in such subsection, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.", "history": "(Ord. 381 § 1; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653700", "number": "§ 40.34.050", "title": "Action by city council.", "text": "The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the proposed prezoning ordinance by the city council shall be referred to the planning commission for a report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. Effective date of such zoning shall be the same time that the annexation of the subject property becomes effective.", "history": "(Ord. 381 § 1)" } ] }, { "guid": "44653701", "title": "APPEALS TO CITY COUNCIL", "number": "40.35", "url": "https://ecode360.com/44653701", "sha256": "aeab2e163883e30a9c8c0ad2807dacad9b1a459a521a810d52cefb2cc9a47793", "exportedArticleSha256": "1e375e48bdea3dbc4691bcd3840d8974f10bcaf0a600d6fcc47179b8a6ae5e47", "sections": [ { "guid": "44653702", "number": "§ 40.35.010", "title": "Purpose of appeals.", "text": "The purpose of appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official or advisory body in the administration or enforcement of this chapter.", "history": "(Ord. 296 § 33.1)" }, { "guid": "44653703", "number": "§ 40.35.020", "title": "Filing written notice of appeal; appeals by city councilmembers.", "text": "Any person aggrieved by the action of an administrative official or advisory body in the administration or enforcement of this chapter may file a written notice of appeal to the city clerk in the manner prescribed by the city council within ten calendar days from final determination of the body or official from which the appeal is being taken. If no appeal is made within the time as prescribed herein, the determination of the administrative official or advisory board is final. A person aggrieved by the action as that phrase is used in this section, may in all instances include any member of the city council. If an appeal is initiated by a city councilmember, Section 40.35.040 shall not be applicable, and a majority of the city council shall determine at the next regular council meeting whether or not the council will entertain the appeal.", "history": "(Ord. 296 § 33.2; Ord. 454 § 1; Ord. 918 § 1; Ord. 1890 § 4; Ord. 2320 § 1, 2008)" }, { "guid": "44653704", "number": "§ 40.35.030", "title": "Scheduling of appeals.", "text": "Appeals shall proceed in the following manner:(a) Appeal of a planning commission decision shall be scheduled for city council hearing.(b) Appeal of an historic resources management commission decision shall be scheduled for city council hearing.(c) Appeal of a director's, or designee's, decision concerning the following items shall be scheduled for city council hearing:(1) Signs, graphics, and sign variances;(2) Landscaping, fencing, and screening;(3) Exterior design of the project building(s) regarding colors, materials, and architectural theme;(4) Exterior lighting; and(5) Accessory buildings, garbage facilities, and design for the handicapped.(d) Appeal of a director's, or designee's, decision concerning the following items shall be scheduled for planning commission hearing: overall site planning including density, setbacks, land use, usable open space, parking, and circulation for pedestrians, bicycles, and autos;(e) Appeal of a decision of an administrative official shall be reviewed by the city manager and then scheduled by the manager for the most appropriate advisory body or the city council.", "history": "(Ord. 296 § 33.3; Ord. 707 § 1; Ord. 918 § 1; Ord. 1266 § 1; Ord. 1627 §§ 59—61; Ord. 2359 § 11, 2010; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" }, { "guid": "44653715", "number": "§ 40.35.040", "title": "Fees.", "text": "The written notice of appeal shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130. No part of such fee is refundable; except, at the discretion of the city council, fees may be refunded in whole or in part.", "history": "(Ord. 296 § 33.4; Ord. 918 § 1)" }, { "guid": "44653716", "number": "§ 40.35.050", "title": "Appeal to stay all proceedings.", "text": "An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify that a stay would in his or her opinion cause imminent peril to life and property.", "history": "(Ord. 296 § 33.5)" }, { "guid": "44653717", "number": "§ 40.35.060", "title": "Public hearing generally.", "text": "No public hearing need be held on the appeal; provided, that the city council may hold a public hearing if it deems it necessary in the public interest.", "history": "(Ord. 296 § 33.6)" }, { "guid": "44653718", "number": "§ 40.35.070", "title": "Notice of public hearing.", "text": "If a public hearing is to be held, the notice of the time, place and purpose of the hearing shall be given by publication in a newspaper of general circulation in the city not less than ten days prior to the date of hearing, and by such other means as the city council deems necessary. The notice shall also state substantially the following, pursuant to California Government Code Section 65009, as amended September 30, 1984:If the action taken on the appeal is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing.Failure of owners or citizens to receive notice of the hearing shall in no way affect the validity of the action taken.", "history": "(Ord. 296 § 33.7; Ord. 1323 § 5)" }, { "guid": "44653719", "number": "§ 40.35.080", "title": "Submission of record of action of administrative officer or advisory body.", "text": "A full record in writing shall be submitted by the administrative officer or advisory body whose action is appealed, setting forth reasons for action taken.", "history": "(Ord. 296 § 33.8)" }, { "guid": "44653720", "number": "§ 40.35.090", "title": "Findings of city council.", "text": "The city council shall find whether in its opinion error was made by the administrative officer or advisory body.", "history": "(Ord. 296 § 33.9)" }, { "guid": "44653721", "number": "§ 40.35.100", "title": "Action by city council.", "text": "The city council may within the terms of this chapter, affirm, reverse or modify the action appealed as it deems just and equitable, and the determination of the city council shall be final.", "history": "(Ord. 296 § 33.10)" } ] }, { "guid": "44653722", "title": "AMENDMENTS", "number": "40.36", "url": "https://ecode360.com/44653722", "sha256": "26d646a3d23c3e4407b5f6cfebfe44a5da7e8cda6a91beffc496244a8c6c09d7", "exportedArticleSha256": "dbcc7b567c54f42000fa9bf3cb3c3b329158facfa21377bee0fc16d0c362c6fb", "sections": [ { "guid": "44653723", "number": "§ 40.36.010", "title": "Authority.", "text": "This chapter may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and general welfare require such amendment.", "history": "(Ord. 296 § 34.1)" }, { "guid": "44653724", "number": "§ 40.36.020", "title": "Application for amendment; fee.", "text": "Application may be initiated by the city council or the planning commission or by application of one or more property owners affected by the proposed amendment, which application, in the case of an individual applicant, shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130, no part of which shall be refundable. If an amendment to the general plan is requested, the applicant shall pay a fee as prescribed by city resolution adopted pursuant to Section 40.01.130, no part of which shall be refundable.", "history": "(Ord. 296 § 34.2; Ord. 561 § 1; Ord. 707 § 1)" }, { "guid": "44653725", "number": "§ 40.36.030", "title": "Accompanying maps and data.", "text": "(a) An application for an amendment shall be filed on a form prescribed for that purpose by the city and shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance to the master plan of the city and that public necessity, convenience and general welfare require the adoption of the proposed amendment.(b) An accurate and precise legal description and map of the subject property and existing buildings shall be submitted with the application. The map shall be drawn from and at the same scale as the county assessor's block book maps and shall include the following information:(1) All parcels of land, any parts of which are closer than three hundred feet from any part of the property proposed to be rezoned.(2) The full names and addresses of record owners of all parcels as described in subsection (b)(1) of this section, within three hundred feet.(3) Existing streets, streets proposed by an officially adopted plan of the city and all surface drainage channels.(4) Existing zoning of all land within the distance of three hundred feet of the property proposed to be rezoned.", "history": "(Ord. 296 § 34.3)" }, { "guid": "44653732", "number": "§ 40.36.040", "title": "Public hearing by planning commission—Action by planning commission—Appeal to city council.", "text": "(a) Notice of public hearing. For the public hearing, the city shall give notice of the time and place of the hearing as required by state law.(b) Action by planning commission at conclusion of hearing. If, at the conclusion of the public hearing, the planning commission decides to recommend amendment of this chapter, the recommendation shall be by resolution of the commission carried by a majority vote of the total voting members of the planning commission.(c) Submission of recommended amendment to city council. A copy of any recommended amendment to this chapter shall be submitted to the city council and shall be accompanied by a written report of findings, summary of hearing and recommendations of the planning commission.(d) Denial of application and amendment by planning commission. In the event the planning commission recommends denial of the application, with or without a public hearing, the applicant may appeal the determination to the city council by filing a written notice of appeal with the city clerk within fifteen days after the determination of the planning commission. The notice of the appeal shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130. No part of such fee is refundable, except, at the discretion of the city council, fees may be refunded in whole or in part.", "history": "(Ord. 296 § 34.4; Ord. 1069 §§ 1—3)" }, { "guid": "44653737", "number": "§ 40.36.050", "title": "Public hearing by city council.", "text": "(a) After receipt of a copy of any recommended amendment to this chapter from the planning commission and before adopting any amendment, the city council shall call a public hearing and shall give notice of the time and place of the hearing by one publication in a newspaper of general circulation in the city at least ten days prior to such hearing and by mailed notice to all owners of property within five hundred feet of the property proposed to be rezoned. Notice of the hearing shall also state substantially the following, pursuant to California Government Code Section 65009, as amended September 30, 1984:(b) If action taken on the application for rezoning or for amendment of this chapter is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing.(c) Failure of owners to receive notice of the hearing shall in no way affect the validity of any action taken.", "history": "(Ord. 296 § 34.5; Ord. 1323 § 6; Ord. 2165 § 8, 2005)" }, { "guid": "44653741", "number": "§ 40.36.060", "title": "Procedure by city council if notice of appeal is filed.", "text": "If the planning commission has recommended denial of an application for rezoning or amendment of this chapter and a notice of appeal has been filed, the city council shall set the application for public hearing following the procedure set forth in Section 40.36.050.", "history": "(Ord. 296 § 34.6; Ord. 1859 § 25)" }, { "guid": "44653742", "number": "§ 40.36.070", "title": "Required findings of city council.", "text": "In order to amend this chapter, the city council shall find the following:(a) That the proposed amendment is in general conformance with the city master plan.(b) That the public necessity, convenience and general welfare require the adoption of the proposed amendment.", "history": "(Ord. 296 § 34.7)" }, { "guid": "44653745", "number": "§ 40.36.080", "title": "Change by city council in recommendation of planning commission.", "text": "If the city council proposes to adopt an amendment to this chapter not previously considered by the planning commission, such amendment shall first be referred to the planning commission for report and recommendation. If the planning commission has not held a public hearing on the proposed amendment, it shall do so under the procedure set forth in Section 40.36.040. The failure of the planning commission to report to the city council within forty days after referral shall be deemed to be approval of the proposed amendment to this chapter. No modification of any planning commission recommendation which is clerical in nature or related to punctuation or to rewordings which do not affect the substance of the planning commission recommendation, in the opinion of the city council, need be referred back to the planning commission pursuant to this section.", "history": "(Ord. 296 § 34.8; Ord. 1102 § 2)" }, { "guid": "44653746", "number": "§ 40.36.100", "title": "Effect of denial.", "text": "In case an application for an amendment to this chapter is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property shall be substantially different from the application denied, in the opinion of the planning commission to be eligible for consideration within one year of the denial of the original application.", "history": "(Ord. 296 § 34.10)" } ] }, { "guid": "44653747", "title": "ENFORCEMENT", "number": "40.37", "url": "https://ecode360.com/44653747", "sha256": "2e2697f5c09d7a5d67ee24c362aa17ffee0508bad201f687ae17112b4fe938a2", "exportedArticleSha256": "57302aa400c6634f592ae8733eb15b160f329f21966352e2096d9989352dd39d", "sections": [ { "guid": "44653748", "number": "§ 40.37.010", "title": "Effect of permits issued contrary to chapter—Responsibility for enforcement of chapter.", "text": "All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this chapter. Any such permit, certificate or license issued in conflict with the provisions of this chapter, intentionally or otherwise, shall be null and void. It shall be the duty of the director of the city to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises.", "history": "(Ord. 296 § 35.1; Ord. 2572 § 3, 2020)" }, { "guid": "44653749", "number": "§ 40.37.020", "title": "Violations declared unlawful and public nuisance.", "text": "Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance.", "history": "(Ord. 296 § 35.2)" }, { "guid": "44653750", "number": "§ 40.37.030", "title": "Duty of city attorney.", "text": "The city attorney, upon the order of the city council, shall immediately commence action or proceedings for the abatement and removal and enjoinment of violations of this chapter in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove a building or structure violating this chapter, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any building, structure or property contrary to the provisions of this chapter.", "history": "(Ord. 296 § 35.3)" }, { "guid": "44653751", "number": "§ 40.37.040", "title": "Additional remedies—Private nuisance.", "text": "Notwithstanding the fact that violations of this chapter are deemed to be public nuisances, the city council further finds and declares that by reason of their continued exposure to any violation of this chapter, any person owning or lawfully occupying or using any property or structure who is adversely affected by the violation, shall be deemed specially injured and the provisions of this chapter may be enforced by them. Any person so injured may bring a civil action in private nuisance for abatement of the violation of the provisions of this chapter or for damages; provided that:(a) The violation persists after that person has given to the proposed defendant not less than fifteen calendar days prior written notice of intent to file such action (in order to provide an opportunity to correct the violation); and(b) The proposed defendant has exhausted, waived, or otherwise lost all rights to seek a permit and to appeal; or the violation has existed for thirty days and the proposed defendant has failed to exercise such rights.", "history": "(Ord. 1249 § 1; Ord. 1258 § 1)" }, { "guid": "44653754", "number": "§ 40.37.050", "title": "Appeal rights.", "text": "\"Appeal rights,\" as used in Section 40.37.040, shall mean the right of appeal under Section 40.35.030 to the city council, or the planning commission and the city council, as the case may be. Any notice of appeal must be filed within the time limits prescribed in Section 40.35.020.", "history": "(Ord. 1249 § 1; Ord. 1258 § 1)" }, { "guid": "44653755", "number": "§ 40.37.060", "title": "Remedies cumulative.", "text": "The remedies provided for in this chapter shall be cumulative and not exclusive.", "history": "(Ord. 296 § 35.4; Ord. 1249 § 1; Ord. 1258 § 1)" } ] }, { "guid": "44653756", "title": "SOLAR SHADE CONTROL", "number": "40.38", "url": "https://ecode360.com/44653756", "sha256": "39927b80fd53a51e0c85a4c9430bd295d94e06ed82495768a8a241178f703ff4", "exportedArticleSha256": "efab606937ff70984318c95ee32292b34bb56a96ba34e83621593ca1f08873c4", "sections": [ { "guid": "44653757", "number": "§ 40.38.010", "title": "Relation to State Act.", "text": "The Solar Shade Control Act is hereby repealed according to the provisions of Section 25985 of that Act. In its place, the city adopts the Act as shown in the following sections of this article.", "history": "(Ord. 1239 § 1)" }, { "guid": "44653758", "number": "§ 40.38.020", "title": "Purpose.", "text": "This article shall be known and may be cited as the \"Davis Solar Shade Control Act.\" It is the policy of the city to promote all feasible means of energy conservation and all feasible uses of alternative energy sources. In particular, the city encourages the planting and maintenance of trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices, such as solar collectors, requires specific and limited controls on trees and shrubs.", "history": "(Ord. 1239 § 1)" }, { "guid": "44653759", "number": "§ 40.38.030", "title": "Definitions.", "text": "As used in this article, \"solar collector\" means a fixed device, structure, or part of a device or structure, which is used to transform significant amounts of solar energy into thermal, chemical, or electrical energy. Also included are south-facing windows which, when unobstructed, would not be shaded under standard test conditions. The solar collector shall be used as part of a system which makes use of solar energy for any or all of the following purposes: (a) water heating; (b) space heating or cooling; and (c) power generation.", "history": "(Ord. 1239 § 1)" }, { "guid": "44653760", "number": "§ 40.38.040", "title": "Standards.", "text": "After the effective date of the ordinance codified in this article, it shall be unlawful for any person owning, or in control of a property to allow a tree or shrub to be placed, or if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than ten percent of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10:00 a.m. and 2:00 p.m., local standard time; provided, that this section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector. For purposes of this article, the location of a solar collector is required to comply with the local building and setback regulations.", "history": "(Ord. 1239 § 1)" }, { "guid": "44653761", "number": "§ 40.38.050", "title": "Exemptions.", "text": "Nothing in this article shall apply to trees planted, grown, or harvested on timberland as defined in Section 4526 of the State Act or on land devoted to the production of commercial agricultural crops. Nothing in this article shall apply to the replacement of a tree or shrub which had been growing prior to the installation of a solar collector and which dies subsequent to the installation of such solar collector.", "history": "(Ord. 1239 § 1)" }, { "guid": "44653762", "number": "§ 40.38.060", "title": "Violations and enforcement.", "text": "A violation shall occur each time the standards set forth in this article are not complied with. Enforcement shall follow the provisions of Article 40.37 of this chapter (commencing with Section 40.37.010).", "history": "(Ord. 1239 § 1)" } ] }, { "guid": "44653763", "title": "ADMINISTRATIVE APPROVALS", "number": "40.39", "url": "https://ecode360.com/44653763", "sha256": "6e000f9c37533f2a1551095e89d1fd059f773f7bba6aee62f8297ce8dfb553dd", "exportedArticleSha256": "bd3ca3d5214449b8c0a1585affc01f78808011a20be4b09073fca5e60bc43255", "sections": [ { "guid": "44653764", "number": "§ 40.39.010", "title": "Purpose of article.", "text": "The purpose of the administrative approval process is to allow efficient processing of routine or noncontentious applications while providing sufficient opportunities for public review.", "history": "(Ord. 1768 § 7)" }, { "guid": "44653765", "number": "§ 40.39.020", "title": "Applicability.", "text": "The administrative approval process shall be applied when the director is authorized to approve an application, such as for minor modifications, administrative use permits, or site plan and architectural approval. The director shall determine, based on the merits of the proposal, whether an application shall be approved administratively or scheduled for a public hearing before the project planning commission.", "history": "(Ord. 1768 § 7; Ord. 2390 § 2, 2012; Ord. 2445 § 10, 2015; Ord. 2677, 11/4/2025)" }, { "guid": "44653766", "number": "§ 40.39.030", "title": "Public notice.", "text": "Prior to taking action on an administrative approval, the community development and sustainability department shall provide notice through a mailing to all owners of real property as shown on current property tax roles within a minimum of five hundred feet of the subject property. At the discretion of the department, based on public interest in the project, the scope of notice, including property owner radius, may be expanded.", "history": "(Ord. 1768 § 7; Ord. 1975 § 6, 1999; Ord. 2165 § 9, 2005)" }, { "guid": "44653767", "number": "§ 40.39.040", "title": "Comment period.", "text": "The department shall provide a comment period of no less than ten calendar days prior to taking action on an administrative approval, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a pubic hearing before the planning commission to consider the application.", "history": "(Ord. 1768 § 7; Ord. 1975 § 6, 1999)" }, { "guid": "44653768", "number": "§ 40.39.050", "title": "Appeals to planning commission.", "text": "Any determination of the director with respect to an administrative approval application may be appealed to the planning commission upon submittal to the community development and sustainability department of an appeal application, accompanied by the fee established by resolution of the city council. In the absence of an appeal application being filed within ten days after the determination of the director, such determination is final.", "history": "(Ord. 1768 § 7; Ord. 1975 § 6, 1999; Ord. 2117 § 3, 2003; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)" } ] }, { "guid": "44653769", "title": "ALCOHOL SALES", "number": "40.40", "url": "https://ecode360.com/44653769", "sha256": "6e483ce975d305604a4e51ea5155139ede6c946b224eb9806f328e7c2497d21d", "exportedArticleSha256": "95893691019cbd011ba8b4677d5708c9923f993c9034dc6e9a0c63fafb48bae9", "sections": [ { "guid": "44653770", "number": "§ 40.40.010", "title": "Application for determination of public convenience or necessity for sale of alcohol.", "text": "(a) Any person whose application for an on-sale or off-sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California (\"ABC\") to be subject to a determination of public convenience or necessity (\"PCN determination\") by the City of Davis, shall apply to the City of Davis for a determination of whether public convenience or necessity would be served by the granting of such license. Such application shall be made on forms provided by the city and contain such information required by the city.(b) The application shall be filed at the community development and sustainability department and shall be accompanied by payment of a fee to be established by resolution of the city council calculated to offset the costs of processing applications. No application shall be deemed complete, nor shall it be reviewed, without payment of the application fee.(c) The PCN application shall include a written statement from the applicant demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from the ABC.", "history": "(Ord. 1913 § 1, 1997; Ord. 2572 § 26, 2020)" }, { "guid": "44653774", "number": "§ 40.40.020", "title": "Review of applications.", "text": "(a) Upon receipt of an application for a PCN determination, the community development and sustainability department shall refer such application to the police department, code compliance coordinator, the building division, and any other city departments that the community development and sustainability department believes appropriate for review and comment. The director may request from the applicant any additional pertinent information regarding the applicant, the proposed license, or the applicant premises. All departments shall submit their findings, comments, or recommendations to the director.(b) The police chief or designee shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises. Also, the police department shall comment on whether issuance of the license would tend to create a law enforcement problem. If the department determines that law enforcement problems exist, or that such problems would be created in the event an alcoholic beverage license is issued, a written report of the problems and a recommendation shall be given to the director.(c) The community development and sustainability department shall determine whether the applicant premises are located in the appropriate land use designations and have received all required entitlements to permit the type of alcoholic beverages sales described in the application. No PCN determination shall be made if the department determines that the applicant premises are not within the appropriate land use designation or do not have all necessary land use entitlements.(d) The community development and sustainability department, in conjunction with the code compliance coordinator, shall determine whether there are pending code enforcement actions regarding the applicant premises. If it is determined that there is a pending or ongoing code enforcement action involving the applicant premises, no PCN determination may be made by the department until the investigation is completed and all code issues are resolved.(e) Any other city department that has received a request from the community development and sustainability department to review the application, shall file its comments and, if appropriate, its recommendation on the application with the department.(f) The community development and sustainability department shall contact the ABC to determine whether any protests were lodged with the ABC in relation to the applicant's request for a license from the ABC.(g) Based on an evaluation of all timely submitted written findings, comments, and the factors that may be considered, as set forth in Section 40.40.030, the director shall make a determination on whether public convenience or necessity will be served by the ABC's issuance of an alcoholic beverage license for the applicant premises and whether to issue or deny a letter of public convenience or necessity.", "history": "(Ord. 1913 § 1, 1997; Ord. 2390 § 2, 2012; Ord. 2572 § 26, 2020)" }, { "guid": "44653782", "number": "§ 40.40.030", "title": "Issuance of a PCN determination.", "text": "(a) In all cases in which an applicant applies for a PCN determination, the director may exercise their discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising their discretion, the director shall consider the following factors:(1) The type of proposed use by the applicant;(2) Whether the proposed use will be detrimental to the health, safety and welfare of the community;(3) Whether the use would enhance the economic viability of the area in which it is proposed to be located;(4) The extent of support or opposition to the proposed license from members of the community;(5) The number of licenses within a one-mile radius of the proposed licensed location;(6) The type of licensed premises within a one-mile radius of the proposed licensed location and the extent to which the proposed license would cause a further overconcentration of that particular type of premises in the area;(7) The background and the history of the applicant, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;(8) Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages;(9) How close the proposed establishment will be to a residential neighborhood, place of worship, or school;(10) Whether there is a history of police or crime-related problems in the area proposed for a license; and(11) Whether the proposed license would enhance recreational or entertainment opportunities in the area.(b) The director may determine that the public convenience or necessity will be met and the health, safety or welfare of the community will be promoted only if certain conditions are imposed upon the operations of any licensee. Those conditions shall be placed in an operating agreement to be entered into between the City of Davis and the licensee.The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant. Examples of such conditions can be, but are not limited to:(1) Sales of beer and malt beverages shall be in quantities of not less than a six pack;(2) Sales of wine shall be in containers of at least seven hundred fifty milliliters;(3) Wine coolers shall not be sold in quantities of less than factory packs of four;(4) Distilled spirits shall be sold in containers of at least two hundred milliliters;(5) No wine shall be sold with an alcohol content greater than fifteen percent by volume;(6) For off-sale licenses only, there shall be no cups, glasses, or similar receptacle commonly used for the drinking of beverages sold, furnished, or given away at the licensee's premises in quantities of less than twenty-four in their original multi-container package, with the exception of food and beverage containers with a corporate logo or business name when sold in conjunction with food and nonalcoholic beverages;(7) For off-sale licenses only, all ice shall be sold at or about prevailing prices in the area and in quantities of not less than seven pounds per sale, excluding ice sold in conjunction with fountain drinks;(8) Restrictions as to hours of sale;(9) Display of signs may be regulated;(10) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law;(11) The personal conduct of the licensee shall not conflict with the implementation of any conditions imposed on the licensee or the licensed premises.(c) The department shall provide a comment period of no less than ten calendar days prior to final approval of a letter of public convenience and necessity, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the planning commission to consider the application.(d) The final PCN determination shall be reduced to writing by the director who will author a PCN determination stating whether the director finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within fifteen business days of the decision of the director.(e) No letter of public convenience or necessity shall be issued by the director pursuant to this article unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.", "history": "(Ord. 1913 § 1, 1997; Ord. 2390 § 2, 2012; Ord. 2572 § 26, 2020)" }, { "guid": "44653810", "number": "§ 40.40.040", "title": "Expiration—No transfer of determination.", "text": "(a) A PCN determination in support of the issuance of a license from the ABC is only valid for one year from the date of the director's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the city's PCN determination shall be deemed withdrawn without the need for further action by the director or the applicant, and the applicant must reapply if he or she seeks another PCN determination.(b) Except as provided in Business and Professions Code Section 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by Business and Professions Code Section 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for issuance of a PCN determination in this article. Nothing in this article precludes the city from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, Section 23958.", "history": "(Ord. 1913 § 1, 1997; Ord. 2572 § 26, 2020)" }, { "guid": "44653813", "number": "§ 40.40.050", "title": "Appeal to the planning commission.", "text": "The decision of the director regarding the PCN determination or related imposition of conditions may be appealed to the planning commission pursuant to Article 40.35 (commencing at Section 40.35.010). The request for appeal shall state the reasons why the person appealing the decision believes the director's PCN determination should be reversed or modified. At any proceeding before the planning commission, the applicant shall have the burden of demonstrating that public convenience or necessity will be served by issuance of an alcoholic beverage license, and that issuance of the license will not pose any threat to the health, safety or welfare of the community in which the licensed premises would be located.", "history": "(Ord. 1913 § 1, 1997; Ord. 2572 § 26, 2020)" }, { "guid": "44653814", "number": "§ 40.40.060", "title": "Revocation.", "text": "In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this article, the planning commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the planning commission shall become final ten days after the date of decision unless appealed to the city council. The revocation shall be reported to the ABC.", "history": "(Ord. 1913 § 1, 1997; Ord. 2572 § 26, 2020)" } ] }, { "guid": "44653815", "title": "WATER EFFICIENT LANDSCAPING", "number": "40.42", "url": "https://ecode360.com/44653815", "sha256": "11ccb428f2f74b35ae8d50b3aa23a18bc6939cc4962475b5e66194ec6b52789a", "exportedArticleSha256": "d2c17485a72aa97352715018772dc54a3d8f08cf397a938c069232a23ef2141d", "sections": [ { "guid": "44653816", "number": "§ 40.42.010", "title": "Purpose.", "text": "The purpose of the landscaping standards contained in this article is to comply with the Water Conservation in Landscaping Act of 2006, Government Code Sections 65591 et seq. and to establish standards and procedures that promote the design, installation and management of water efficient landscaping. These standards may be reviewed and updated, as required.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653817", "number": "§ 40.42.020", "title": "Applicability.", "text": "(a) The provisions of this article shall apply to all of the following landscape projects within the City of Davis, except as otherwise noted:(1) Non-Residential Projects and Public Agency Projects. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check or design review.(2) Residential Projects With Developer-Installed Landscaping. New construction and rehabilitated landscapes which are developer-installed in single-family and multifamily projects with a landscape area equal to or greater than two thousand five hundred square feet per lot requiring a building or landscape permit, plan check, or design review.(3) Residential Projects With Homeowner-Provided Landscaping. New construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multifamily residential projects with a total project landscape area equal to or greater than five thousand square feet requiring a building or landscape permit, plan check or design review.(4) Existing Landscaping. Requirements for existing landscapes installed prior to the effective date of the ordinance codified in this article and not rehabilitated are limited to Section 40.42.040.(5) Cemeteries. Recognizing the special landscape management needs of cemeteries, requirements for new and rehabilitated cemeteries are limited to Sections 40.42.070, 40.42.140 and 40.42.150. Requirements for existing cemeteries are limited to Section 40.42.040.(b) The provisions of this article do not apply to:(1) Historical Sites. Registered local, state or federal historical sites;(2) Restoration Projects. Ecological restoration projects that do not require a permanent irrigation system;(3) Reclamation Projects. Mined-land reclamation projects that do not require a permanent irrigation system; or(4) Plant Collections. Plant collections, as part of botanical gardens and arboretums open to the public.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653829", "number": "§ 40.42.030", "title": "Definitions.", "text": "The terms used in this article have the meaning set forth below:Applied water.The portion of water supplied by the irrigation system to the landscape.Automatic irrigation controller.An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.Backflow prevention device.A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.Certificate of completion.The document required under Section 40.42.120.Certified irrigation designer.A person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.Certified landscape irrigation auditor.A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.Check valve or anti-drain valve.A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.Common interest developments.Community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.Conversion factor (0.62).The number that converts acre-inches per acre per year to gallons per square foot per year.Developer-installed landscaping.Landscape area on a property installed by the developer of the property or licensed contractor hired by the developer of the property. A developer, for the purposes of this article, includes anyone or any group not defined as a homeowner by this article.Drip irrigation.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.A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.Effective precipitation (Eppt) or usable rainfall.The portion of total precipitation which becomes available for plant growth.Emitter.A drip irrigation emission device that delivers water slowly from the system to the soil.Established landscape.The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.Establishment period of the plants.The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.Estimated total water use (ETWU).The total water used for the landscape as described in Section 40.42.070(a).ET adjustment factor (ETAF).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. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.Evapotranspiration rate.The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.Flow rate.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.Any durable material (pervious and non-pervious).Homeowner-provided landscaping.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 article, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.Hydrozone.A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.Infiltration rate.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.Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. \"Noxious weeds\" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.Irrigation audit.An in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tuneup, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.Irrigation efficiency (IE).The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this article is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.Irrigation survey.An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.Irrigation water use analysis.An analysis of water use data based on meter readings and billing data.Landscape architect.A person who holds a license to practice landscape architecture in the State of California Business and Professions Code Section 5615.Landscape area.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 non-development (e.g., open spaces and existing native vegetation).Landscape contractor.A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.Landscape documentation package.The documents required under Section 40.42.060.Landscape project.The total area of landscape in a project as defined in \"landscape area\" for the purposes of this article, meeting requirements under Section 40.42.020.Lateral line.The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.Local water purveyor.Any entity, including a public agency, city, county, or private water company that provides retail water service.Low volume irrigation.The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.Main line.The pressurized pipeline that delivers water from the water source to the valve or outlet.Maximum applied water allowance (MAWA).The upper limit of annual applied water for the established landscaped area as specified in Section 40.42.070. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.Microclimate.The climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.Mined-land reclamation projects.Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.Mulch.Any organic material such as leaves, bark, 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.New construction.For the purposes of this article, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.Operating pressure.The pressure at which the parts of an irrigation system are designed by the manufacturer to operate.Overhead sprinkler irrigation systems.Systems that deliver water through the air (e.g., spray heads and rotors).Overspray.The irrigation water which is delivered beyond the target area.Permit.An authorizing document issued by local agencies for new construction or rehabilitated landscapes.Pervious.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.A factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this article, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this article are derived from the Department of Water Resources 2000 publication \"Water Use Classification of Landscape Species.\"Precipitation rate.The rate of application of water measured in inches per hour.Project applicant.The individual or entity submitting a landscape documentation package, to request a permit, plan check, or design review from the City of Davis. A project applicant may be the property owner or designee.Rain sensor or rain sensing shutoff device.A component which automatically suspends an irrigation event when it rains.Record drawing or as-builts.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.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.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.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, 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.Any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 40.42.020, and the modified landscape area is equal to or greater than two thousand five hundred square feet and is fifty percent or more of the total landscape area.Runoff.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.Soil moisture sensing device or soil moisture sensor.A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.Soil texture.The classification of soil based on its percentage of sand, silt, and clay.Special landscape area (SLA).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.Sprinkler head.A device which delivers water through a nozzle.Static water pressure.The pipeline or municipal water supply pressure when water is not flowing.Station.An area served by one valve or by a set of valves that operate simultaneously.Swing joint.An irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.Turf.A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.Valve.A device used to control the flow of water in the irrigation system.Water conserving plant species.A plant species identified as having a low plant factor.Water feature.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). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.Watering window.The time of day irrigation is allowed.WUCOLS.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, 2000.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653901", "number": "§ 40.42.040", "title": "Provisions for existing landscapes installed prior to effective date.", "text": "(a) This section shall apply to all existing landscapes that were installed prior to the effective date of the ordinance codified in this article. However, existing landscapes installed between January 1, 2010 and the effective date of said ordinance are subject to the requirements of the Water Conservation in Landscaping Act of 2006.(b) All existing landscapes installed prior to the effective date of the ordinance codified in this article and over one acre in size that have a water meter are subject to programs administered by the City of Davis that may include, but are not limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes.(c) The maximum applied water allowance for existing landscapes shall be calculated in accordance with Section 40.42.070 and using the following equation:MAWA = (0.8)(ETo)(LA)(0.62)Where:0.8 = ET adjustment factor (ETAF) for existing non-rehabilitated landscapesETo = Reference evapotranspiration for City of Davis (annual ETo in inches per year)LA = Landscape area (square feet)0.62 = Conversion factor(d) All existing landscapes that do not have a meter are subject to programs administered by the City of Davis that may include, but are not limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.(e) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653907", "number": "§ 40.42.050", "title": "Provisions for new construction or rehabilitated landscapes.", "text": "(a) Prior to construction or issuance of permits, the project applicant for a new construction or rehabilitated landscape project, as described in Section 40.42.020, shall submit a complete landscape documentation package to the department of community development and sustainability for review and approval.(b) Upon approval of the landscape documentation package by the department of community development and sustainability, the project applicant shall:(1) Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion; and(2) Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or designee.(c) Upon completion of the landscape project and prior to final of the permit or occupancy, the project applicant shall submit a completed certificate of completion, as described in Section 40.42.120, to the department of community development and sustainability for review and approval.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653913", "number": "§ 40.42.060", "title": "Landscape documentation package requirements.", "text": "(a) The landscape documentation package shall include the following six elements and as detailed in the subsequent sections:(1) Project Information. The project applicant shall provide the following minimum required 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) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),(F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well,(G) Checklist of all documents in landscape documentation package,(H) Project contacts to include contact information for the project applicant and property owner,(I) Applicant signature and date with statement, \"I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete landscape documentation package.\";(2) Water efficient landscape worksheet;(3) Soil management report;(4) Landscape design plan;(5) Irrigation design plan; and(6) Grading design plan.(b) Project applicant shall provide the required information on state-recommended forms or city-equivalent forms if available. All required reports and plans shall be provided in a form determined acceptable by the director of community development and sustainability and shall be subject to city review and approval.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653931", "number": "§ 40.42.070", "title": "Water efficient landscape worksheet.", "text": "(a) Landscape worksheet components. In order to determine the water budget and water needs for project landscaping, the project applicant shall complete the city's water efficient landscape worksheet which contains two sections:(1) Hydrozone information table; and(2) Water budget calculations for the maximum applied water allowance (MAWA) and the estimated total water use (ETWU).(b) Water budget calculation requirements. 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.(5) For the purposes of determining these water calculations, average irrigation efficiency is assumed to be 0.71.(6) For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the following ETo values, or as may be updated, for the City of Davis:Reference Evapotranspiration (ETo) Table for City of DavisJanFebMarAprMayJunJulAugSepOctNovDecAnnual ETo1.01.93.35.06.47.68.27.15.44.01.81.052.5(c) Maximum applied water allowance (MAWA). 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 (ETWU). 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 maximum applied water allowance.Where:ETWU = Estimated total water use per year (gallons)ETo = Reference evapotranspiration for City of Davis (annual ETo in inches per year)PF = Plant factor from WUCOLSHA = Hydrozone area [high, medium, and low water use areas] (square feet)SLA = Special landscape area (square feet)0.62 = Conversion factorIE = Irrigation efficiency (minimum 0.71)", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653944", "number": "§ 40.42.080", "title": "Soil management report.", "text": "(a) Soil report requirements. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, and submitted, as follows:(1) Project applicant shall submit soil samples to a qualified laboratory for analysis and recommendations to be included in the soil report.(A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.(B) The soil analysis may include:i. Soil texture;ii. Infiltration rate determined by laboratory test or soil texture infiltration rate table;iii. pH;iv. Total soluble salts;v. Sodium;vi. Percent organic matter; andvii. Recommendations for preparing, amending and treating the soil.(2) The project applicant, or designee, shall comply with one of the following:(A) If significant mass grading is not planned, the soil analysis report shall be submitted to the department of community development and sustainability for review as part of the landscape documentation package; or(B) If significant mass grading is planned, the soil analysis report shall be submitted to the department of community development and sustainability for review as part of the certificate of completion.(3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.(4) The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the department of community development and sustainability with the certificate of completion.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44653961", "number": "§ 40.42.090", "title": "Landscape design plan.", "text": "(a) Landscape design criteria. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.(1) Plant Material.(A) Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:i. Protection and preservation of native species and natural vegetation;ii. Selection of water-conserving plant and turf species;iii. Selection of plants based on disease and pest resistance;iv. Selection of trees based on the city's master tree list; andv. Selection of plants from city, local, and regional landscape program plant lists.(B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 40.42.100(a)(2)(D).(C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:i. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;ii. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); andiii. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.(D) 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).(E) 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 Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.(F) The use of invasive and/or noxious plant species is strongly discouraged.(G) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.(2) Water Features.(A) Recirculating water systems shall be used for water features.(B) Where available, recycled water shall be used as a source for decorative water features.(C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.(D) Pool and spa covers are highly recommended.(3) Mulch and Amendments.(A) A minimum two inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.(B) Stabilizing mulching products shall be used on slopes.(C) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.(D) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.(b) Landscape plan requirements. The landscape design plan, at a minimum, shall:(1) Delineate and label each hydrozone by number, letter, or other method;(2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;(3) Identify recreational areas;(4) Identify areas permanently and solely dedicated to edible plants;(5) Identify areas irrigated with recycled water;(6) Identify type of mulch and application depth;(7) Identify soil amendments, type, and quantity;(8) Identify type and surface area of water features;(9) Identify hardscapes (pervious and non-pervious);(10) Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:(A) Infiltration beds, swales, and basins that allow water to collect and soak into the ground,(B) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants, and(C) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;(11) Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);(12) Contain the following statement: \"I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan\"; and(13) Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654006", "number": "§ 40.42.100", "title": "Irrigation design plan.", "text": "(a) Irrigation design criteria. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.(1) Irrigation System Requirements.(A) Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand square feet to facilitate water management.(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.(C) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.(D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.(E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.(F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.(G) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.(H) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.(I) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.(J) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.(K) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 40.42.160 regarding the estimated total water use calculation.(L) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.(M) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.(N) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.(O) Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.(P) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas.(Q) Check valves or anti-drain valves are required for all irrigation systems.(R) Narrow or irregularly shaped areas, including turf, less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.(S) Overhead irrigation shall not be permitted within twenty-four inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:i. The landscape area is adjacent to permeable surfacing and no runoff occurs; orii. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; oriii. The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria. Prevention of overspray and runoff must be confirmed during the irrigation audit.(T) Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.(2) Hydrozone.(A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.(B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.(C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.(D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:i. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; orii. The plant factor of the higher water using plant is used for calculations.(E) Individual hydrozones that mix high and low water use plants shall not be permitted.(F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table on the city-provided form. This table can also assist with the irrigation audit and programming the controller.(b) Irrigation plan requirements. The irrigation design plan, at a minimum, shall contain:(1) Location and size of separate water meters for landscape;(2) Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;(3) Static water pressure at the point of connection to the public water supply;(4) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;(5) Recycled water irrigation systems as specified in Section 40.42.170;(6) The following statement: \"I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan,\" and(7) The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654051", "number": "§ 40.42.110", "title": "Grading design plan.", "text": "(a) Grading plan requirements. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:(A) Height of graded slopes;(B) Drainage patterns;(C) Pad elevations;(D) Finish grade; and(E) Stormwater retention improvements, if applicable.(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:(A) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;(B) Avoid disruption of natural drainage patterns and undisturbed soil; and(C) Avoid soil compaction in landscape areas; and(D) Decompact and break up compacted soil in landscape areas.(3) The grading design plan shall contain the following statement: \"I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan\" and shall bear the signature of a licensed professional as authorized by law.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654065", "number": "§ 40.42.120", "title": "Certificate of completion.", "text": "(a) Certificate of completion elements. The certificate of completion shall include the following six elements in a form determined acceptable to the director of community development and sustainability:(1) Project information sheet that contains:(A) Date,(B) Project name,(C) Project applicant name, telephone, and mailing address,(D) Project address and location, and(E) Property owner name, telephone, and mailing address;(2) Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package.Where there have been significant changes made in the field during construction, these \"as-built\" or record drawings shall be included with the certification;(3) Irrigation scheduling parameters used to set the controller (see Section 40.42.130);(4) Landscape and irrigation maintenance schedule (see Section 40.42.140);(5) Irrigation audit report (see Section 40.42.150); and(6) Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations.(b) Certificate of completion submittal. Upon completion of the landscape project and prior to final of the permit or occupancy, the project applicant shall:(1) Submit the signed certificate of completion to the department of community development and sustainability for review;(2) Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or designee.(c) City review procedures. Upon submittal of the completed certificate of completion, the department of community development and sustainability shall:(1) Receive the signed certificate of completion from the project applicant;(2) Upon review of the certificate of completion, approve or deny the certificate of completion. If the certificate of completion is denied, the City of Davis shall not be obligated to issue an occupancy permit and shall provide information to the project applicant regarding reapplication, appeal, or other assistance.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654084", "number": "§ 40.42.130", "title": "Irrigation scheduling.", "text": "For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:(a) Irrigation scheduling shall be regulated by automatic irrigation controllers.(b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.(c) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.(d) Parameters used to set the automatic controller shall be developed and submitted for each of the following:(1) The plant establishment period;(2) The established landscape; and(3) Temporarily irrigated areas.(e) Each irrigation schedule shall consider for each station all of the following that apply:(1) Irrigation interval (days between irrigation);(2) Irrigation run times (hours or minutes per irrigation event to avoid runoff);(3) Number of cycle starts required for each irrigation event to avoid runoff;(4) Amount of applied water scheduled to be applied on a monthly basis;(5) Application rate setting;(6) Root depth setting;(7) Plant type setting;(8) Soil type;(9) Slope factor setting;(10) Shade factor setting; and(11) Irrigation uniformity or efficiency setting.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654104", "number": "§ 40.42.140", "title": "Landscape and irrigation maintenance schedule.", "text": "(a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.(d) A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654109", "number": "§ 40.42.150", "title": "Irrigation audits.", "text": "(a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.(b) For new construction and rehabilitated landscape projects installed after adoption of the ordinance codified in this article, as described in Section 40.42.020:(1) The project applicant shall submit an irrigation audit report with the certificate of completion to the City of Davis that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.(2) The City of Davis will maintain a reference list of certified water service auditors. The list shall be provided to project applicants upon request.(3) The City of Davis may administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654115", "number": "§ 40.42.160", "title": "Irrigation efficiency.", "text": "For the purposes of determining the water calculations, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654116", "number": "§ 40.42.170", "title": "Recycled water.", "text": "(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 Section 40.42.170(b).(b) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor 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.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654121", "number": "§ 40.42.180", "title": "Stormwater management.", "text": "(a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.(b) Projects shall comply with applicable city requirements for stormwater best management practices as detailed in the city's stormwater runoff ordinance or equivalent. Measures shall be incorporated and shown in the applicable plans subject to review and approval.(c) Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are recommended.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654125", "number": "§ 40.42.190", "title": "Public education.", "text": "(a) The City of Davis or the project developer shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes in a form determined acceptable to the city.(b) Model homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this article.(1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.(2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654130", "number": "§ 40.42.200", "title": "Effective precipitation.", "text": "The city may consider effective precipitation (up to a maximum of twenty-five percent of annual precipitation) in tracking water use. The following equation may be used to calculate maximum applied water allowance where Eppt is the effective precipitation:MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654131", "number": "§ 40.42.210", "title": "Fees.", "text": "The City of Davis may establish fees for necessary review and inspections related to the requirements of this article.", "history": "(Ord. 2369 § 2, 2010)" }, { "guid": "44654132", "number": "§ 40.42.220", "title": "Penalties.", "text": "Failure to comply with the requirements of this article may result in enforcement and penalties in accordance with Municipal Code Chapter 23.", "history": "(Ord. 2369 § 2, 2010)" } ] }, { "guid": "44663144", "title": "RIGHT TO FARM", "number": "40A.01", "url": "https://ecode360.com/44663144", "sha256": "ea95cd35b5de313b0b99596e15bee49ce4e4e6ebcc04c912119b717de4d28656", "exportedArticleSha256": "d5959eb13706bed8b40a8a732d2a29939e2a306ddbe540a95e932956a5a9a8c8", "sections": [ { "guid": "44663145", "number": "§ 40A.01.010", "title": "Purpose.", "text": "(a) It is a goal of the city general plan to work cooperatively with the counties of Yolo and Solano to preserve agricultural land in the Davis planning area which is not otherwise identified in the general plan as necessary for development. It is the policy of the city to preserve and encourage agricultural land use and operations within the city and Yolo and Solano counties, and to reduce the occurrence of conflicts between agricultural and nonagricultural land uses and to protect the public health. One purpose of this law is to reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.(b) It is also the policy of the city to provide purchasers and tenants of nonagricultural land close to agricultural land or operations with notice about the city's support of the preservation of agricultural lands and operations. An additional purpose of the notification requirement is to promote a good neighbor policy by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to agricultural land and operations.(c) It is further the policy of the city to require all new developments adjacent to agricultural land or operations to provide a buffer to reduce the potential conflicts between agricultural and nonagricultural land uses.(d) Implementation of these policies can be strengthened by establishing a dispute resolution procedure designed to amicably resolve any complaints about agricultural operations that is less formal and expensive than court proceedings.", "history": "(Ord. 1823 § 1)" }, { "guid": "44663150", "number": "§ 40A.01.020", "title": "Definitions.", "text": "For the purpose of this chapter, the following terms shall have the following meanings:Agricultural land.Those land areas of Yolo County specifically zoned as agricultural preserve (A-P), agricultural exclusive (A-E), and agricultural general (A-l), as those zones are defined in the Yolo County zoning ordinances, those land areas of Solano County specifically zoned exclusive agricultural (A-40), as those zones are defined in the Solano County zoning ordinances, and those land areas of the City of Davis specifically zoned as agricultural (A), planned development or any other zoned land as defined by the Davis Municipal Code where the land use on the land within the city limits is agricultural.Agricultural operations.Any agricultural activity, operation, or facility including, but not limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any commercial agricultural commodity, including timber, viticulture, apiculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, agricultural spoils areas, and any practices performed by a farmer or on a farm as incidental to or in conjunction with such operations, including the legal application of pesticides and fertilizers, use of farm equipment, storage or preparation for market, delivery to storage or to market, or to carriers for transportation to market.Agricultural processing facilities or operations.Agricultural processing activity, operation, facility, or appurtenances thereof includes, but is not limited to, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products.Property.Any real property located within the city limits.Transfer.The sale, lease, trade, exchange, rental agreement or gift.Transferee.Any buyer or tenant of property.Transferor.The owner and/or transferor of title of real property or seller's authorized selling agent as defined in Business and Profession Code Section 10130 et seq., or Health and Safety Code Section 18006, or a landlord leasing real property to a tenant.", "history": "(Ord. 1823 § 1)" }, { "guid": "44663158", "number": "§ 40A.01.030", "title": "Deed restriction.", "text": "As a condition of approval of a discretionary development permit, including, but not limited to, tentative subdivision and parcel maps, use permits, and rezoning, prezoning, and planned developments, relating to property located within one thousand feet of agricultural land, agricultural operations or agricultural processing facilities or operations, every transferor of such property shall insert the deed restriction recited below in the deed transferring any right, title or interest in the property to the transferee.RIGHT TO FARM DEED RESTRICTIONThe City of Davis, Yolo and Solano Counties permit operation of properly conducted agricultural operations within the city and the Counties.You are hereby notified that the property you are purchasing is located within 1000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24 hour period.One or more of the inconveniences described may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector.Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact either the Yolo or Solano County Agricultural Commissioners.The City of Davis' Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency.In addition, the City of Davis has established a grievance procedure to assist in the resolution of disputes which arise between the residents of the city regarding agricultural operations.This Right to Farm Deed Restriction shall be included in all subsequent deeds and leases for this property until such time as the property is not located within 1,000 feet of agricultural land or agricultural operations as defined by Davis City Code Section 40A.01.020.", "history": "(Ord. 1823 § 1)" }, { "guid": "44663159", "number": "§ 40A.01.040", "title": "Notification to transferees.", "text": "(a) Every transferor of property subject to the notice recorded pursuant to Section 40A.01.030 shall provide to any transferee in writing the notice of right to farm recited below. The notice of right to farm shall be contained in each offer for sale, counter offer for sale, agreement of sale, lease, lease with an option to purchase, deposit receipt, exchange agreement, rental agreement, or any other form of agreement or contract for the transfer of property; provided that the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice.(b) The form of notice of right to farm is as follows:NOTICE OF RIGHT TO FARMThe City of Davis, Yolo and Solano Counties permit operation of properly conducted agricultural operations within the city and the Counties.You are hereby notified that the property you are purchasing/leasing/ renting is located within 1,000 feet of agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facilities operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) during any 24-hour period.One or more of the inconveniences described may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector.Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact either the Yolo or Solano County Agricultural Commissioners.The City of Davis' Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency.In addition, the City of Davis has established a grievance procedure to assist in the resolution of disputes which arise between the residents of the city regarding agricultural operations.This notification is given in compliance with Davis City Code Section 40A.01.040. By initialing below, you are acknowledging receipt of this notification.Transferor's Initials _____Transferee's Initials _____(c) The failure to include the foregoing notice shall not invalidate any grant, conveyance, lease or encumbrance.(d) The notice required by this section shall be included in every agreement for transfer entered into after the effective date of this chapter, including property subject to the deed restriction cited in Section 40A.01.030.", "history": "(Ord. 1823 § 1)" }, { "guid": "44663164", "number": "§ 40A.01.050", "title": "Agricultural buffer requirement.", "text": "(a) In addition to the right to farm deed restriction and notice requirement, the city has determined that the use of property for agricultural operations is a high priority. To minimize future potential conflicts between agricultural and nonagricultural land uses and to protect the public health, all new developments adjacent to designated agricultural, agricultural reserve, agricultural open space, greenbelt/agricultural buffer, Davis greenbelt or environmentally sensitive habitat areas according to the land use and open space element maps shall be required to provide an agricultural buffer/agricultural transition area. In addition, development limits or restricts opportunities to view farmlands. Public access to a portion of the agricultural buffer will permit public views of farmland. Use of nonpolluting transportation methods (i.e., bikes), and use of the land to fulfill multiple policies including, but not limited to, agricultural mitigation and alternative transportation measures meets the policy objectives of the Davis general plan. The agricultural buffer/agricultural transition area shall be a minimum of one hundred fifty feet measured from the edge of the agricultural, greenbelt, or habitat area. Optimally, to achieve a maximum separation and to comply with the five-hundred-foot aerial spray setback established by the counties of Yolo and Solano, a buffer wider than one hundred fifty feet is encouraged.(b) The minimum one-hundred-fifty-foot agricultural buffer/agricultural transition area shall be comprised of two components: a fifty-foot-wide agricultural transition area located contiguous to a one-hundred-foot-wide agricultural buffer located contiguous to the agricultural, greenbelt, or habitat area. The one-hundred-fifty-foot agricultural buffer/transition area shall not qualify as farmland mitigation pursuant to Article 40A.03 of this chapter.(c) The following uses shall be permitted in the one-hundred-foot agricultural buffer: native plants, tree or hedge rows, drainage channels, storm retention ponds, natural areas such as creeks or drainage swales, railroad tracks or other utility corridors and any other use, including agricultural uses, determined by the planning commission to be consistent with the use of the property as an agricultural buffer. There shall be no public access to the one-hundred-foot agricultural buffer unless otherwise permitted due to the nature of the area (e.g., railroad tracks). The one-hundred-foot agricultural buffer shall be developed by the developer pursuant to a plan approved by the community services director or designee. The plan shall include provision for the establishment, management and maintenance of the area. The plan shall incorporate adaptive management concepts and include the use of integrated pest management techniques. The property shall be dedicated to the city in fee title, or, at the discretion of the city, an easement in favor of the city shall be recorded against the property, which shall include the requirements of this article.(d) The following uses shall be permitted in the fifty foot agricultural transition area: bike paths, community gardens, organic agriculture, native plants, tree and hedge rows, benches, lights, trash enclosures, fencing, and any other use determined by the planning commission to be of the same general character as the foregoing enumerated uses. There shall be public access to the fifty-foot agricultural transition area. The fifty-foot agricultural transition area shall be developed by the developer pursuant to a plan approved by the community services director or designee. Once the area is improved, approved, and accepted by the community services department, the land shall be dedicated to the city.(e) The city reserves its right to form a special benefit assessment district, or other applicable district as is permitted under state law, and to maintain the agricultural buffer and transition area once the land is improved, dedicated, and annexed.", "history": "(Ord. 1823 § 1; Ord. 2300 § 2, 2007; Ord. 2390 § 3, 2012)" } ] }, { "guid": "44663170", "title": "DISPUTE RESOLUTION", "number": "40A.02", "url": "https://ecode360.com/44663170", "sha256": "95aa483783fd9b8c889c1f72bf9920afa8fbb0aab14dd28f96e67150d559ee76", "exportedArticleSha256": "ee70631f6353b93f57348ed7201b69eb5daee0d35701e4909396a91f8ad1eb8b", "sections": [ { "guid": "44663171", "number": "§ 40A.02.010", "title": "Properly operated farm not a nuisance.", "text": "(a) Agricultural operations shall not be considered a nuisance under this chapter unless such operations are deemed to be a nuisance under California Civil Code Sections 3482.5 and 3482.6. Agricultural and agricultural processing operations shall comply with all state, federal and local laws and regulations applicable to the operations.(b) Notwithstanding any other provision of this chapter, no action shall be maintained under this chapter alleging that an agricultural or agricultural processing operation has interfered with private property or personal well-being or is otherwise considered a nuisance unless the plaintiff has sought to obtain a decision pursuant to the agricultural grievance procedure provided in Section 40A.02.020 (resolution of disputes) or a decision has been sought but no decision is rendered within the time limits provided in said section. This subsection shall not prevent any party or person from proceeding or bringing a legal action under the provisions of other applicable laws without first resorting to this grievance procedure.", "history": "(Ord. 1823 § 1)" }, { "guid": "44663174", "number": "§ 40A.02.020", "title": "Resolution of disputes.", "text": "(a) The city shall establish a grievance procedure to settle any disputes or any controversy that should arise regarding any inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation of the parties involved. Either party shall submit the controversy to a hearing officer as set forth below or to community mediation services, if agreed to by the parties, in an attempt to resolve the matter prior to the filing of any court action.(b) Any controversy between the parties shall be submitted to the hearing officer within ninety days of the later of the date of the occurrence of the particular activity giving rise to the controversy or the date a party became aware of the occurrence.(c) The effectiveness of the hearing officer for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy and are encouraged to seek a written statement from the agriculture commissioner as to whether the activity under dispute is consistent with adopted laws and regulations and accepted customs and standards.(d) The controversy shall be presented to the hearing officer by written request of one of the parties within the time limit specified. Thereafter the hearing officer may investigate the facts of the controversy but must, within twenty-five days, hold a meeting to consider the merits of the matter and within five days of the meeting render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts. No party bringing a complaint to the hearing officer for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the hearing officer may be extended upon the written stipulation of all parties in a dispute.(e) Any reasonable costs associated with the functioning of the hearing officer process shall be borne by the participants. The city council may, by resolution, prescribe fees to recover those costs.", "history": "(Ord. 1823 § 1)" } ] }, { "guid": "44663180", "title": "FARMLAND PRESERVATION", "number": "40A.03", "url": "https://ecode360.com/44663180", "sha256": "ff530a65019a21c0a56894cd3221974058c42e3300f979684a0f093463e1168e", "exportedArticleSha256": "12286765e4ef9a28e041a94b283532c4d55d9d65f698d5d9c15f53025ee5f68b", "sections": [ { "guid": "44663181", "number": "§ 40A.03.010", "title": "Purpose and findings.", "text": "(a) The purpose of this chapter and this article is to implement the agricultural land conservation policies contained in the Davis general plan with a program designed to permanently protect agricultural land located within the Davis planning area for agricultural uses.(b) Since 1995 the city has required agricultural mitigation for development projects that would change the general plan designation or zoning from agricultural land to nonagricultural land and for discretionary land use approvals that would change an agricultural use to a nonagricultural use, and the city council finds that this chapter and this article are necessary for the following reasons: California is losing farmland at a rapid rate; Yolo and Solano County farmland is of exceptional productive quality; loss of agricultural land is consistently a significant impact under CEQA in development projects; the Davis general plan has policies to preserve farmland; the city is surrounded by farmland; the Yolo and Solano County general plans clearly include policies to preserve farmland; the continuation of agricultural operations preserves the landscape and environmental resources; loss of farmland to development is irreparable and agriculture is an important component of the city's economy; and losing agricultural land will have a cumulatively negative impact on the economy of the city and the counties of Yolo and Solano.(c) It is the policy of the city to work cooperatively with Yolo and Solano counties to preserve agricultural land within the Davis planning area, as shown in the \"planning area\" map found in the Davis general plan, beyond that deemed necessary for development. It is further the policy of the city to protect and conserve agricultural land, especially in areas presently farmed or having Class 1, 2, 3, or 4 soils.(d) The city council finds that some urban uses when contiguous to farmland can affect how an agricultural use can be operated, which can lead to the conversion of agricultural land to urban use.(e) The city council further finds that by requiring adjacent mitigation for land being converted from an agricultural use and by requiring a one hundred fifty foot buffer, the city shall be helping to ensure prime farmland remains in agricultural use.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663187", "number": "§ 40A.03.020", "title": "Definitions.", "text": "Adjacent mitigation.Agricultural mitigation land that is required to be located at the non-urbanized perimeter of a project.Advisory committee.The City of Davis open space and habitat commission shall serve as the advisory committee.Agricultural land or farmland.Those land areas of the county and/or city specifically designated and zoned as agricultural preserve (A-P), agricultural exclusive (A-E), or agricultural general (A-l), as those zones are defined in the Yolo County zoning ordinance; those land areas designated and zoned exclusive agriculture (A-40), as defined in the Solano County zoning ordinance; those lands in agricultural use; those lands designated in the city's general plan as agricultural (A); and those land areas of the City of Davis specifically designated and zoned as agricultural (A), agricultural planned development, or urban reserve where the soil of the land contains Class 1, 2, 3, or 4 soils, as defined by the Soil Conservation Service.Agricultural mitigation land.Agricultural land encumbered by a farmland deed restriction, a farmland conservation easement, or such other farmland conservation mechanism acceptable to the city.Agricultural use.Use of land for the purpose of producing food, fiber, or livestock for commercial purposes.Easement stacking.Placing a conservation easement on land previously encumbered by a conservation easement of any nature or kind.Farmland conservation easement.The granting of an easement over agricultural land for the purpose of restricting its use to agricultural land. The interest granted pursuant to a farmland conservation easement is an interest in land which is less than fee simple.Farmland deed restriction.The creation of a deed restriction, covenant or condition which precludes the use of the agricultural land subject to the restriction for any nonagricultural purposes, use, operation or activity. The deed restriction shall provide that the land subject to the restriction will permanently remain agricultural land.Non-urbanized perimeter.The agricultural land that borders the edge(s) of land that is, or is proposed to be, designated or zoned as non-agricultural land.Priority open space acquisition areas.Areas designated by the city council by resolution as priorities for acquisition as open space.Qualified conservation easement appraiser.A state certified appraiser who: (1) has conducted and prepared written appraisals on at least three agricultural conservation easement projects in the Central Valley in the past five years following the Uniform Standards of Professional Appraisal Practice and (2) has completed at least one course on the appraisal of conservation easements offered by a member organization of the appraisal foundation.Qualifying entity.A nonprofit public benefit 501(c)(3) corporation operating in Yolo County or Solano County for the purpose of conserving and protecting land in its natural, rural, or agricultural condition. The following entities are qualifying entities: Yolo Land Conservation Trust and Solano Farm and Open Space Trust. Other entities may be approved by the city council from time to time.Remainder mitigation.Required agricultural mitigation land that is not required to be located at the nonurbanized perimeter of a project.Small project.A development project that is less than forty acres in size. A small project does not include one phase or portion of a larger project greater than forty acres that is subject to a master, specific, or overall development plan.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663202", "number": "§ 40A.03.025", "title": "Agricultural land mitigation requirements.", "text": "(a) The city shall require agricultural mitigation as a condition of approval for any development project that would change the general plan designation or zoning from agricultural land to nonagricultural land and for discretionary land use approvals that would change an agricultural use to a nonagricultural use.(b) The city has determined that effectively locating mitigation lands provides increased protection of agricultural lands threatened with conversion to non-agricultural uses. Requirements and incentives are established in this article to direct mitigation to areas that are under threat of conversion. In recognizing the importance of the location of mitigation, the city has identified two general categories of agricultural mitigation: (1) adjacent mitigation; and (2) remainder mitigation. For every applicable development project, the determination as to whether a combination of adjacent and remainder mitigation shall be required or whether only remainder mitigation shall be required shall be based on site specific factors, as specified in this article. Adjacent mitigation is addressed in Section 40A.03.030; remainder mitigation is addressed in Section 40A.03.035.(c) Total mitigation for a development project shall not be less than a ratio of two acres of protected agricultural land for each acre converted from agricultural land to nonagricultural land. Location based factors (credits) for remainder mitigation contained in Section 40A.03.035 may result in ratios greater than 2:1.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663206", "number": "§ 40A.03.030", "title": "Requirements for adjacent land mitigation.", "text": "(a) Mitigation along the non-urbanized perimeter. All new development projects adjacent to agricultural land that are subject to mitigation under this article shall be required to provide agricultural mitigation along the entire non-urbanized perimeter of the project. The required adjacent mitigation land shall be a minimum of one-quarter mile in width, as measured from the outer edge of the agricultural buffer required in Section 40A.01.050. Certain land uses listed in Section 40A.03.030(e) are exempt from the adjacency requirement.(b) Satisfaction of adjacent agricultural mitigation. Adjacent agricultural mitigation shall be satisfied by:(1) Granting a farmland conservation easement, a farmland deed restriction, or other farmland conservation mechanism to or for the benefit of the city and/or a qualifying entity approved by the city. Mitigation shall only be required for that portion of the land which no longer will be designated agricultural land, including any portion of the land used for park and recreation purposes.(2) Mitigation credit for required adjacent mitigation is shown in the table below.Required Adjacent MitigationLocation of mitigation landCredit factorRequired minimum adjacent mitigation1 times the number of acres protected(3) If more than the required 2:1 mitigation acreage is required to create the adjacent mitigation land, no more than twice the project acreage shall be required to satisfy the mitigation requirements of this chapter. If more than twice the project acreage is required to satisfy the minimum one-quarter mile requirement, the configuration of the mitigation land shall be determined by the city council. In determining the configuration of the mitigation land, the city council shall consider factors such as, but not limited to, the following: (A) the shape of the mitigation land; (B) the quality of the soil in the mitigation land; (C) contamination of the mitigation land; (D) whether the mitigation land is in common ownership or owned by multiple owners; (E) fragmentation from other agricultural lands or connectivity to agricultural land; and (F) the existing use of the mitigation land.(4) The Davis planning area includes clusters of rural residential parcels that, due to their size and spacing, preclude commercial farming operations. For purposes of this article, a \"cluster of rural residential parcels\" shall mean a group of parcels where the majority of parcels have an existing residential structure and an average size of less than ten acres. If the required adjacent mitigation land includes a cluster of existing rural residential parcels, the city council may treat the cluster of rural residential parcels as part of the development project and allow the required adjacent mitigation land to be located on the outside edge of the cluster of rural residential parcels. If the city council chooses to do so, that decision shall not increase the total amount of adjacent mitigation required by the development project.(c) Exclusion of agricultural buffer from adjacent mitigation. The land included within the agricultural buffer required by Section 40A.01.050(c) shall not be included in the calculation for the purposes of determining the amount of land that is required for mitigation.(d) Alternative mitigation proposals. The city council may approve mitigation that does not meet the adjacency requirement if an alternative mitigation proposal meets the intent of this chapter and would have extraordinary community benefits. Alternative mitigation proposals may be approved if the following three factors are present, and the city council makes appropriate findings:(1) The alternative mitigation is threatened by demonstrated growth pressure equal to or greater than that faced by areas adjacent to the project site. Demonstrated growth pressure shall be established by a comparison of current land value of the alternative site and the adjacent site. Valuation analysis shall be prepared by an independent certified appraiser; and(2) The alternative mitigation is strategically located and provides one or more of the following: (A) protects a locally unique resource, (B) provides connectivity between existing protected or agricultural lands, (C) due to its location provides protection of other lands and resources in the Davis planning area and/or (D) located within a city-identified priority open space acquisition area; and(3) The alternative mitigation is of a size that facilitates protection of the targeted resource and its long term management.(e) Exemptions. The following land uses are exempt from the adjacent mitigation requirements of this article, but not the remaining provisions:(1) The following projects, so long as they are not a part of a larger development project: permanently affordable housing, public schools, and public parks.(2) That portion of a development project abutting land already protected by permanent conservation easements or by some other form of public ownership that guarantees adjacent lands will not be developed for urban uses.(3) That portion of a development project abutting a limited access public road such as Interstate 80 or State Highway 113.(4) Small projects, as defined in Section 40A.03.020.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663223", "number": "§ 40A.03.035", "title": "Requirements for remainder land mitigation.", "text": "(a) General. Remainder mitigation is mitigation land that is not required to be located at the nonurbanized perimeter of a project. Remainder mitigation may be located anywhere within the Davis planning area, subject to approval by the city council, in accordance with Section 40A.03.050. Incentives shall be provided for locating the remainder mitigation in areas targeted for protection by the city as shown in the table below.(b) Satisfaction of remainder mitigation. Remainder mitigation shall be satisfied by:(1) Granting a farmland conservation easement, a farmland deed restriction, or other farmland conservation mechanism to or for the benefit of the city and/or a qualifying entity approved by the city. Mitigation shall only be required for that portion of the land which no longer will be designated agricultural land, including any portion of the land used for park and recreation purposes.(2) The following credits shall be applied to remainder mitigation land:Remainder MitigationLocation of mitigation landCredit factorsAdjacent to city limits and within ¼ mile of the city limits, excluding any land required as adjacent mitigation land.2 times the number of acres protectedAdjacent to the required minimum adjacent mitigation land, if applicable1 times the number of acres protectedWithin city designated priority open space acquisition areas.1 times the number of acres protectedElsewhere in the Davis planning area0.2 times the number of acres protectedTotalMitigation acreage, as adjusted by the credit factors for adjacent mitigation (see Section 40a.03.030) and remainder mitigation (above), must total two times the acreage changed to nonagricultural. If the calculation of credit factors results in actual mitigation that is less than 2:1, additional acreage within the Davis planning area shall be secured to satisfy the total mitigation ratio requirement.Location and configuration of the mitigation land must be approved by the city council, in accordance with the factors specified in Section 40A.03.035(a).(3) In lieu of conserving land as provided above, up to fifty percent of the remainder mitigation requirement may be satisfied by the payment of a fee based upon the fair market value of acquiring a farmland conservation easement or farmland deed restriction located adjacent to the city limits, subject to the following:(A) For the purpose of establishing the in lieu fee, a qualified conservation easement appraiser shall establish the fair market value by conducting an appraisal of the required minimum adjacent mitigation land for the project. If no adjacent mitigation land is required for a project, the in-lieu fee shall be based on recent land transactions for properties located on and/or near the city limits. Appraisal costs shall be paid for by the developer or project applicant, and the qualified conservation easement appraiser shall be under contract with the city.(B) The in lieu fee shall include a ten percent administrative fee to cover the city's costs to implement mitigation.(C) The in lieu fee shall include an inflator that takes into account the inflation of property values and shall include a standard assumption for the time it takes the city to acquire property for agricultural mitigation. The inflator shall be calculated based on a three-year average of the House Price Index (HPI) for the Sacramento Metropolitan Statistical Area compiled by the Office of Federal Housing Enterprise Oversight. The inflator shall be based on the three most recent years for which HPI data are available and shall be based on an assumption that the city will spend the in lieu fee within three years from the payment date.(D) The in lieu fee option must be approved by the city council.(E) The in lieu fee, paid to the city, shall be used for farmland mitigation purposes, with priority given to strategically located lands with prime agricultural soils and high habitat value.(c) Exclusion of agricultural buffer from mitigation land. The land included within the agricultural buffer required by Section 40A.01.050(c) shall not be included in the calculation for the purposes of determining the amount of land that is required for mitigation.(d) It is the intent of this article that the city shall work in a coordinated fashion with the habitat conservation objectives of the Yolo County Natural Heritage (NCCP/HCP) program. It is the intent of this article to not allow stacking of easements, except easements covering riparian corridors that may be subject to agricultural and habitat easements and that do not generally exceed five percent of the total area on any particular easement of agricultural mitigation land shall be permitted.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663236", "number": "§ 40A.03.040", "title": "Comparable soils and water supply.", "text": "(a) The remainder agricultural mitigation land shall be comparable in soil quality with the agricultural land whose use is being changed to nonagricultural use.(b) The agricultural mitigation land shall have adequate water supply to support the historic agricultural use on the land to be converted to nonagricultural use and the water supply on the agricultural mitigation land shall be protected in the farmland conservation easement, the farmland deed restriction or other document evidencing the agricultural mitigation.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663239", "number": "§ 40A.03.045", "title": "Home sites.", "text": "Agricultural mitigation lands shall not be permitted to have a new home site.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663240", "number": "§ 40A.03.050", "title": "Lands eligible for remainder mitigation.", "text": "This section shall only apply to remainder mitigation.(a) The agricultural mitigation land shall be located within the Davis planning area as shown in the Davis general plan. In making their determination to accept or reject proposed mitigation land, the following factors shall be considered by the city council:(1) The lands shall be compatible with the Davis general plan and the general plans of Yolo and Solano counties.(2) The lands shall include agricultural land similar to the acreage, soil capability and water use sought to be changed to nonagricultural use.(3) The lands shall include comparable soil types to that most likely to be lost due to proposed development.(4) The property is not subject to any easements, contamination, or physical conditions that would legally or practicably preclude modification of the property's land use to a nonagricultural use.(5) The easement configuration(s) would be grossly irregular such that it precludes efficient agricultural operation or bisects existing farm irrigation systems and does not protect other natural resources, such as stream corridors.(b) The advisory committee shall recommend to the city council acceptance of agricultural mitigation land of twenty acres or more by a qualifying entity and/or the city, except that it may consider accepting smaller parcels if the entire mitigation required for a project is less, or when the agricultural mitigation land is adjacent to larger parcels of agricultural mitigation land already protected. Contiguous parcels shall be preferred.(c) Land previously encumbered by a conservation easement of any nature or kind is not eligible to qualify as agricultural mitigation land.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663249", "number": "§ 40A.03.060", "title": "Requirements of instruments—Duration.", "text": "(a) To qualify as an instrument encumbering agricultural mitigation land, all owners of the agricultural mitigation land shall execute the instrument.(b) The instrument shall be in recordable form and contain an accurate legal description setting forth the description of the agricultural mitigation land.(c) The instrument shall prohibit any activity which substantially impairs or diminishes the agricultural productivity of the land, as determined by the advisory committee.(d) The instrument shall protect the existing water rights and retain them with the agricultural mitigation land.(e) The applicant shall pay an agricultural mitigation fee equal to cover the costs of administering, monitoring and enforcing (including legal defense costs) the instrument in an amount determined by city council. The fee shall include development of a property baseline report and monitoring plan.(f) The city shall be named a beneficiary under any instrument conveying the interest in the agricultural mitigation land to a qualifying entity.(g) Interests in agricultural mitigation land shall be held in trust by a qualifying entity and/or the city in perpetuity. Except as provided in subsection (h) of this section, the qualifying entity or the city shall not sell, lease, or convey any interest in agricultural mitigation land which it shall acquire.(h) If judicial proceedings find that the public interests described in Section 40A.03.010 of this chapter can no longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation land may be extinguished through sale and the proceeds shall be used to acquire interests in other agricultural mitigation land in Yolo and Solano counties, as approved by the city and provided in this chapter.(i) If any qualifying entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor and enforce the interest shall pass to the city.(j) The instrument conveying the interest in the agricultural mitigation land shall be recorded at the same time as any final map for the development project is recorded or at such other time as required as a condition of approval.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663260", "number": "§ 40A.03.070", "title": "City of Davis farmland conservation program advisory committee.", "text": "(a) The Davis open space and habitat commission shall serve as the Davis farmland conservation advisory committee.(b) It shall be the duty and responsibility of the open space and habitat commission to exercise the following powers:(1) To recommend the areas where mitigation zones would be preferred in the Davis planning area;(2) To promote conservation of agricultural land in Yolo and Solano counties by offering information and assistance to landowners and others;(3) To recommend tentative approval of mitigation proposals to city council;(4) To certify that the agricultural mitigation land meets the requirements of this chapter;(5) Any denial from the advisory committee may be appealed to city council.(c) The open space and habitat commission shall ensure all lands and easements acquired under this article are properly monitored and shall review and monitor the implementation of management and maintenance plans for these lands and easement areas.(d) All actions of the open space and habitat commission shall be subject to the approval of the Davis city council.", "history": "(Ord. 2300 § 1, 2007)" }, { "guid": "44663270", "number": "§ 40A.03.080", "title": "Reporting.", "text": "Periodically, community services department staff shall provide to the advisory committee reports delineating the activities undertaken pursuant to the requirements of this chapter and an assessment of these activities. The report shall list and report on the status of all lands and easements acquired under this chapter.", "history": "(Ord. 2300 § 1, 2007; Ord. 2390 § 3, 2012)" } ] }, { "guid": "44663271", "title": "VIOLATION", "number": "40A.04", "url": "https://ecode360.com/44663271", "sha256": "a1e562b4c3a43c09c3158b8d715bc66d7fc7fc0555645c28e3d6965659563489", "exportedArticleSha256": "f1c670cff5d5aeeaac76c5c366e9c34896980925eff8184309ff90f5c1da07f3", "sections": [ { "guid": "44663272", "number": "§ 40A.04.010", "title": "Violation.", "text": "Any person or entity who violates any provision of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law. In addition, any person or entity who violates any provision of Article I of this chapter shall be liable to the transferee of the property for actual damages. In an action to enforce such liability or fine, the prevailing party shall be awarded reasonable attorneys' fees.", "history": "(Ord. 1823 § 1)" } ] }, { "guid": "44663273", "title": "PRECEDENCE", "number": "40A.05", "url": "https://ecode360.com/44663273", "sha256": "05e3531c6f8d1192105262a0b3f4da14dbeafd3fa31949e55d02dcc92b25f18f", "exportedArticleSha256": "ab346c0faaaaa25f1c8c68e95d4a3768d96907857250000a63487a7f9d74e3b3", "sections": [ { "guid": "44663274", "number": "§ 40A.05.010", "title": "Precedence.", "text": "This article shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith.", "history": "(Ord. 1823 § 1)" } ] }, { "guid": "44663276", "title": "CITIZENS' RIGHT TO VOTE ON FUTURE USE OF OPEN SPACE AND AGRICULTURAL LANDS", "number": "41.01", "url": "https://ecode360.com/44663276", "sha256": "5b969975efb9079e9258be2cac7a4083f11ec0c471c87ed220769e0c0b92c59f", "exportedArticleSha256": "635c0b8c3dc09b4a1172029869d02f7099f739faa967ea1a2cbf28d7675aabd2", "sections": [ { "guid": "44663277", "number": "§ 41.01.000", "title": "Title.", "text": "This article shall be known as the \"Citizens' Right to Vote on Future Use of Open Space and Agricultural Lands Ordinance.\"", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" }, { "guid": "44663278", "number": "§ 41.01.010", "title": "Purpose and findings.", "text": "(a) Purpose.(1) The purpose of this article is to establish a mechanism for direct citizen participation in land use decisions affecting city policies for compact urban form, agricultural land preservation and an adequate housing supply to meet internal city needs, by providing the people of the City of Davis the right to vote, without having to evoke referenda, on General Plan land use map amendments that would convert any agricultural, open space, or urban reserve lands, as designated on the land use map of the City of Davis General Plan, dated August 1, 1999, to an urban or urban reserve land use designation and on any development proposal on the Covell Center or Nishi properties.(2) The purpose of this article is to ensure that the purposes and principles set forth in the City of Davis General Plan relating to voter approval, land use, affordable housing, open space, agricultural preservation and conservation are fully considered by establishing an expanded land use entitlement process for proposed conversion of properties to urban use that are designated or in agricultural or open space use. This action recognizes that continued conversion of agricultural lands to meet urban needs is neither inevitable nor necessary, and that any land use decision affecting such properties shall be subject to a public vote.(b) Findings. The city council and the voters of the city hereby incorporate all of the recitals set forth above and, in addition, find that:(1) The protection of existing agricultural and open space lands, natural habitats and reserves surrounding the City of Davis, and within the Davis Planning Area, is of critical importance to the present and future residents of the City of Davis. Agriculture has been and remains a major contributor to the local and regional economy, directly and indirectly creating employment for many people, and providing valuable food crops distributed worldwide.(2) Continued urban encroachment into agricultural and open space lands, natural habitats and reserves impairs agriculture and threatens the public health, safety, and welfare by causing increased traffic congestion, associated air pollution, and potential adverse impacts to the quantity and quality of available water resources. Continued urban encroachment into agricultural lands also requires significant new public infrastructure and facilities and places additional stresses on existing public infrastructure and facilities.(3) The unique character of the City of Davis and the quality of life enjoyed by city residents depend on the protection of agricultural, open space lands, and natural habitats and reserves on its periphery. The protection of such lands aids the continued viability of agriculture, defines urban/rural boundary, and brings mental and physical benefits from the broad vistas at the urban edge onto open space and agricultural lands. It also contributes to the protection of wildlife including rare, endangered, or threatened species, environmentally sensitive areas, and irreplaceable natural resources.(4) The General Plan contains policies for compact urban form, and protection of agricultural lands from urban development including a policy that prohibits new urban development on open space and agricultural lands. The General Plan further calls for the use of all available mechanisms to preserve open space and agricultural lands and provides for the implementation of growth management systems.(5) The city has actively promoted both the preservation of agricultural lands and habitat and the availability of affordable housing within the city through the existing policies in the city's General Plan and the city's implementing activities, including, but not limited to, the right-to-farm ordinance, the city's acquisition of open space, agricultural lands and habitat, the city's participation in the agricultural lands stewardship program, the city's affordable housing ordinance, and other city programs and policies designed to promote agricultural preservation and/or affordable housing.(6) This citizens' right to vote on future use of open space and agricultural lands ordinance implements the General Plan and is consistent with the city's adopted General Plan and furthers and implements the policies of the General Plan. The city finds that this ordinance will provide for a balance between the preservation of agricultural lands and open space and the housing needs of the city.", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" }, { "guid": "44663289", "number": "§ 41.01.020", "title": "Voter approval.", "text": "(a) Voter approval of changes to land use designations on the land use map from agricultural or urban reserve to urban land use designations or from agricultural to urban reserve land use designations.(1) Each and every proposed amendment or modification of the land use map to modify the land use designation of lands designated for agricultural, open space or urban reserve use on the land use map to an urban or urban reserve designation is a significant change that affects the city and its ability to maintain its vision for a compact urban form surrounded by farmlands and open space. Any such proposal, therefore, requires public participation in the decision, including, but not limited to, voter approval of the proposed amendment or modification of the land use map.(2) Any application for an amendment or modification of the land use map that proposes changing the land use map land use designation for any property from an agricultural, open space, or urban reserve land use designation (e.g., agricultural, open space, agricultural reserve, urban reserve, environmentally sensitive habitat, Davis greenbelt) to an urban land use designation or from an agricultural designation to an urban reserve designation shall require:(A) Establishment of baseline project features and requirements such as recreation facilities, public facilities, significant project design features, sequencing or phasing, or similar features and requirements as shown on project exhibits and plans submitted for voter approval, which cannot be eliminated, significantly modified or reduced without subsequent voter approval;(B) Approval by the city council, after compliance with the California Environmental Quality Act, the state planning and zoning laws and any other applicable laws or regulations; and then(C) Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal.The land use designation amendment or modification shall become effective only after approval by the city council and the voters. The city shall not submit any application to the voters if the application has not first been approved by the city council, unless otherwise required by law.(3) If, after compliance with the California Environmental Quality Act and any other applicable laws, the city council modifies or amends the land use designation for any property from an urban land use designation to an agricultural, open space, or urban reserve land use designation, the land use designation of that property shall not be amended or modified from the agricultural, open space, or urban reserve designation to an urban land use designation without first complying with this article, including, but not limited to, the voter approval requirements set forth in subsection (a)(2) of this section.(b) Voter approval of development proposals on remaining large vacant properties (Covell Center and Nishi properties) designated for urban land uses on land use map, dated August 1, 1999.(1) In recognition of the pace and extent of development that has occurred during the first half of the 1987 General Plan planning period, careful consideration shall be given to future use of the remaining two large vacant properties currently designated for urban uses on the land use map that are not subject to a development agreement or do not have a vested right to proceed with development of the property. Key considerations for requiring voter approval prior to development on these two properties are impacts on already overburdened public facilities and infrastructure, long-term preservation of adjoining agricultural lands, preservation of viewsheds and valuable habitat areas, and to ensure that the city maintains a compact and efficient urban form as mandated by General Plan policies. Accordingly, any land use decision that directly affects one or both of these properties, or any portions thereof, including any legislative action, subdivision map application, site plan review, or planned development application, requires full public participation, including an affirmative vote of the people on any city council action to approve such a request. Specific properties included under these provisions are:(A) The property known as Covell Center, or any portion of said property, bordered by Covell Boulevard on the south, the Hunt property and County Road 101A on the west, County Road 102/Pole Line Road on the east, and the southern edge of the city-owned property and extending to F Street on the north as shown on the land use map (Exhibit A attached to the ordinance codified in this article and included by reference).(B) The Nishi property, or any portion thereof, the boundaries of which are established in the Gateway/Olive Drive specific plan dated January, 1996 (Exhibit B attached to the ordinance codified in this article and included by reference).(2) Any application for a development proposal or land use change leading to urban development on all, or any portion of either of these properties shall require:(A) Establishment of baseline project features and requirements such as recreation facilities, public facilities, significant project design features, sequencing or phasing, or similar features and requirements as shown on project exhibits and plans submitted for voter approval, which cannot be eliminated, reduced or significantly modified without subsequent voter approval;(B) Approval by the city council, after compliance with the California Environmental Quality Act, the state planning and zoning laws and any other applicable laws or regulations; and then(C) Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal.The land use entitlements for development on all, or any portion of either of these properties shall become effective only after approval by the city council and the voters. The city shall not submit any application to voters if the application has not first been approved by the city council, unless otherwise required by law.(3) Voter approval of an application applicable to one or both of the above properties shall be required for:(A) Any land use entitlement or development proposal application request affecting the entire property; except a request that would change the land use designation to an agricultural land use designation;(B) Any land use entitlement request for the development of a portion of the property.(c) Once the voters have approved a land use map designation or land use entitlement for a property, additional voter approval shall not be required for:(1) Subsequent entitlement requests that are consistent with the overall approved development project or land use designation and entitlements including the baseline project features and required provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters.(2) Any requested modification to a land use designation or development project entitlement that does not increase the number of permitted dwellings or units or the intensity of commercial/industrial development and does not significantly modify or reduce the baseline project features and required provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters. The city council may adopt procedures for the hearing of a request for modification.", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" }, { "guid": "44663311", "number": "§ 41.01.030", "title": "Exemptions.", "text": "The requirement for voter approval set forth in this article shall not apply to any of the following:(a) Land to be used for public schools, except should such land be deemed not needed for public school purposes, any proposal to convert such land for urban use shall be subject to the voter approval requirements of this article.(b) Land to be used for public parks, except should any such land be deemed not needed for public park purposes, any proposal to convert such land to urban use shall be subject to the voter approval requirements of this article.(c) Other city facilities that require large acreage that cannot feasibly be located on lands designated for urban uses (e.g., a sewer treatment facility, solid waste disposal facility, corporation yard, etc.).(d) Any re-designation of the parcel immediately north of Sutter Davis Hospital designated urban reserve on the land use map, after compliance with the California Environmental Quality Act and other applicable laws, for use as medical facilities or medical offices and uses subordinate or accessory to medical facilities or medical offices.(e) After notice and hearing as required by state law and after compliance with the California Environmental Quality Act, the city council may, without a vote of the electorate of the city, approve residential development on land designated agriculture, agriculture reserve or urban reserve if the city council finds that all of the following circumstances exist:(1) The approval is necessary and required to meet the city's legal fair share housing requirement;(2) There is no other land already designated for urban use that can accommodate the City's legal fair share housing requirement; and(3) Not more than five acres per year in total area is designated under this exemption for residential development. Additional acreage may be designated under this exemption if the city council finds that the acreage is necessary to meet the city's legal fair share obligation based on maximum multifamily densities.Any proposal approved under this subsection shall be required to have all housing units permanently affordable to persons or families of moderate, low and very low income.The intent of this exemption is to provide sufficient land for housing to accommodate moderate, low and very low-income housing, as may be necessary over time.(f) Any development project that has obtained a vested right pursuant to state law prior to March 8, 2000, the effective date of Ordinance 2008 adopting Measure J.", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" }, { "guid": "44663321", "number": "§ 41.01.040", "title": "Definitions.", "text": "As used herein, the following words and phrases shall have the following meanings:Agriculture and open space land use designation, agricultural land use designation or urban reserve land use designationshall refer to the 1987 General Plan land use designations and the uses permitted within these land use designations that provide for agricultural or open space uses, including, but not limited to, agriculture, agriculture reserve, agricultural open space, environmentally sensitive habitat area, greenbelt/agriculture buffer, or urban reserve as they exist on August 1, 1999, in particular:(1) Agricultural reservemeans agricultural lands designated as permanent agriculture. This designation is used in areas to ensure a permanent buffer between adjacent jurisdictions.(2) Agricultural open spacemeans lands in agricultural use and land designated to protect valuable natural resources.(3) Agricultural usesinclude farmlands (including farmhouses and farm buildings) and land to be used for the production of food and fiber. Residential and nonresidential uses that preclude agricultural uses are prohibited.(4) Urban reservemeans land designated for potential urban development after the development of land designated for urban uses on the General Plan land use map.It is the intent of the agricultural and open space land use designations to protect valuable natural resources such as agricultural land and natural habitat, to allow for productive agricultural use, to ensure a permanent buffer between adjacent jurisdictions and to serve as a visual amenity around urban development. It is further the intent of these land use designations to preserve existing wildlife habitat and develop new wildlife habitat. Wildlife preserves, low intensity recreation, nature study and interpretive centers are permissible uses if the particular use is compatible with agricultural and/or habitat uses.General Plan land use map, General Plan map or land use mapspecifically refers to the land use map from the 1987 City of Davis General Plan, as amended through August 1, 1999.Affordable to moderate and very low-income persons or familiesshall have the same meaning and income levels as those used in the city's affordable housing ordinance, Article 18.05 of the City's Municipal Code, or as used by the United States Department of Housing and Urban Development.Urban use or urban land use designationrefers to any land use designation that permits development, including, but not limited to, any residential use (with a density greater than one unit per twenty gross acres), retail, office, highway/service commercial, recreational/commercial, business parks, public/semi-public, industrial, or other non-open space or non-agricultural use characteristic of urban development.Significantly or significantly changed or modifiedmeans that the proposed change or modification materially alters the essential characteristics of the project or the baseline feature or requirement.", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" }, { "guid": "44663331", "number": "§ 41.01.050", "title": "Elections.", "text": "(a) Except for the renewal or repeal of this article pursuant to Section 4 of Ordinance Nos. 2350 and 2581, any direct or indirect costs to the City of Davis caused by the elections mandated by this article shall be borne by the applicants of the amendment of the General Plan land use map designation or other development proposal requiring the election, unless otherwise prohibited by state law.(b) Elections mandated by this article shall be consolidated with other elections, whenever feasible. Different proposals may appear on the same ballot at the same election provided that each separate proposal affecting a discrete property or development project shall be submitted to the voters as a separate measure.", "history": "(Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)" } ] }, { "guid": "44663335", "title": "YOLO HABITAT CONSERVATION PLAN/NATURAL COMMUNITIES CONSERVATION PLAN", "number": "42.01", "url": "https://ecode360.com/44663335", "sha256": "facca2633505f34372c33856103cab2a9aaaf6a1f50753c78a12330f8de29965", "exportedArticleSha256": "c472520d6b2d580b520a1febc412cf8f135ee527583ab1382798d4118a134881", "sections": [ { "guid": "44663336", "number": "§ 42.01.010", "title": "Purpose.", "text": "The Yolo Habitat Conservation Plan/Natural Communities Conservation Plan (\"Yolo HCP/NCCP\") has been developed to provide for the conservation of twelve sensitive species and the natural communities and agricultural land on which they depend, and to provide a streamlined permitting process to address the effects a range of future anticipated activities on those species. The Yolo HCP/NCCP was developed by the County of Yolo and the Cities of Davis, Woodland, Winters, and West Sacramento (with the University of California, Davis, in an ex officio capacity) through the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency, known and referred to informally as the Yolo Habitat Conservancy (\"Conservancy\").The purpose of this article is to provide for implementation of the Yolo HCP/NCCP in a manner that achieves, among other things, the following objectives:(a) To protect, enhance, and restore natural communities and cultivated lands, including rare and endangered species habitat, and provide for the conservation of covered species within Yolo County; and(b) To replace of the current system of separately permitting and mitigating individual projects with a conservation and mitigation program, set forth in the Yolo HCP/NCCP, that comprehensively coordinates the implementation of permit requirements through the development of a countywide conservation strategy, including identification of priority acquisition areas in riparian zones or other locations with important species habitat; and(c) To provide for additional habitat conservation that is otherwise unlikely to take place in Yolo County and benefit both listed species and project proponents by ensuring a more efficient, effective approach to mitigation; and(d) To ensure that the Conservancy, in its capacity as the implementing entity for the Yolo HCP/NCCP, collects the local development mitigation fees necessary to assist with plan implementation and all of the related objectives set forth above.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663341", "number": "§ 42.01.020", "title": "Incorporation by reference.", "text": "The Yolo HCP/NCCP is incorporated by reference as though fully set forth herein. Complete copies of the Yolo HCP/NCCP and related documents are available at the offices of the Conservancy (as of the adoption of the ordinance codified in this article, 611 North Street, Woodland, CA 95695), and online at www.yolohabitatconservancy.org.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663342", "number": "§ 42.01.030", "title": "Definitions.", "text": "The definitions set forth in this section shall govern the application and interpretation of this article. Words and phrases not defined in this Section shall be interpreted so as to give this article its most reasonable application.Building permitincludes, in connection with a covered activity only, a full structural building permit as well as a partial permit, such as a foundation-only permit, grading permit, or any other permit or approval authorizing a ground-disturbing activity in furtherance of a covered activity.Conservancyrefers to the Yolo Habitat Conservancy, a joint powers agency consisting of the County of Yolo and the Cities of Davis, Woodland, Winters, and West Sacramento (with the University of California, Davis, in an ex officio capacity). The formal, legal name of the joint powers agency is the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency.Covered activity and covered activitiesmean the activities and projects described in Chapter 3 of the Yolo HCP/NCCP proposed for implementation within the plan area and not otherwise exempted from the requirements of the Yolo HCP/NCCP.Covered speciesmeans the species, listed and non-listed, which are identified in Chapter 1 of the Yolo HCP/NCCP and described in Appendix A to the Yolo HCP/NCCP. Covered species are those at-risk species that are covered by the take permits issued by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife.Implementing agreementmeans that agreement made and entered into by and between the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife, the Conservancy, the County of Yolo, and the Cities of Davis, West Sacramento, Winters, and Woodland, that defines the parties' respective roles and responsibilities and provides a common understanding of the actions that will be undertaken to implement the HCP/NCCP.Mitigation feesmeans any fees adopted by the Conservancy, and any amendments thereto, that apply (unless exempted) to covered activities within the plan area in accordance with Chapter 8 of the Yolo HCP/NCCP and documents cited or relied on therein.Plan areameans the geographic area covered by the Yolo HCP/NCCP, as described in Chapter 1 (Introduction) and depicted in Figure 1-1 thereof. The plan area includes the County of Yolo in its entirety, consisting of approximately 653,549 acres and also includes 1,174 acres along the south bank of Putah Creek in Solano County designated as the \"Extended Plan Area for Riparian Restoration\" in Figure 1-1. This area is included in the plan area only for the purpose of providing additional sites for riparian restoration to support the covered species.Planning permit(s)means any discretionary permit that authorizes a ground-disturbing activity for a covered activity, including, but not limited to, a tentative map, parcel map, conditional use permit, or development agreement, or any other discretionary permit, excluding actions of general application such as general plan amendments, zoning and rezoning, annexation, specific plans, and other area or regional land use actions.Project applicant(s)means a person or entity applying for a planning permit for a project authorizing a ground-disturbing activity for a covered activity, including any person or entity that is a \"third party participant\" within the meaning of Section 3.32 of the implementing agreement.Takehas the meaning set forth in the Federal Endangered Species Act and its implementing regulations, as well as impacts to plants identified as covered species. \"Take\" shall also have the meaning set forth in California Fish and Game Code Section 86 (i.e., to hunt pursue, catch, capture, or kill or attempt to hunt, pursue, catch, capture, or kill).Take permitsmeans the Federal Incidental Take Permit issued by the U.S. Fish and Wildlife Service to the Conservancy, the County, and each of the four cities based on the Yolo HCP/NCCP pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act, and shall also include related state permits and approvals provided for in Section 86 of the California Fish and Game Code with regard to activities subject to the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) and the California Natural Community Conservation Planning Act (Fish and Game Code Sections 2800 through 2835).Yolo HCP/NCCPmeans the Yolo Habitat Conservation Plan/Natural Communities Conservation Plan.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663355", "number": "§ 42.01.040", "title": "Application to covered activities.", "text": "As set forth in Section 8.1 of the implementing agreement, all project applicants for covered activities within the plan area shall comply with the conditions set forth in Chapter 4 of the Yolo HCP/NCCP to avoid, minimize, and mitigate the take of covered species resulting from covered activities. Each planning permit application for a covered activity within the plan area shall include details on the manner and timing for project compliance with the Yolo HCP/NCCP in the form and manner required by the director of community development and sustainability. Applicable conditions of approval on covered activities from Chapter 4 of the Yolo HCP/NCCP as well as other measures required to implement the Yolo HCP/NCCP conservation strategy shall be included in each planning permit approval for a covered activity.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663356", "number": "§ 42.01.050", "title": "Mitigation fees.", "text": "(a) As a condition of each approval for a covered activity, the mitigation fees shall be paid in full by the project applicant to the City of Davis no later than the date of issuance by the City of Davis of a building permit. The mitigation fees paid by project applicants shall be transferred (along with mitigation fee payments provided for public agency projects) to the Conservancy on a quarterly basis, or more frequently if requested by the Conservancy. Mitigation fees shall be paid to the City of Davis at the time of issuance of the first building permit if more than one building permit is required for the project.(b) If the Conservancy, pursuant to the terms of the Yolo HCP/NCCP, authorizes another manner of compensation in lieu of the mitigation fees (such as a conveyance of land in lieu of mitigation fees pursuant to the implementing agreement and the Yolo HCP/NCCP), the project applicant shall provide the City of Davis with written documentation from the Conservancy of compliance with such alternative manner of payment and the dollar equivalent amount of such alternative manner of compensation.(c) In the event the City of Davis determines a project requiring a planning permit is exempt from payment of the mitigation fees, whether because it is not a covered activity or because it is expressly exempt from mitigation fees pursuant to Chapter 8 (Section 8.4.1.1) of the Yolo HCP/NCCP, no mitigation fees shall be required for the project. Notwithstanding the applicability of an exemption, if appropriate based on facts and circumstances relevant to the project, the City of Davis shall advise the applicant of the potential need for any federal, state, or other permits or approvals relating to rare species or associated habitats.(d) Any appeals relating fee determinations shall be heard by the City of Davis pursuant to the process established for hearing appeals of the planning permit associated with the fee determination.(e) On at least a quarterly basis through and including December of each calendar year, the City of Davis shall provide the Conservancy with information regarding applications and approvals for take authorization under the Yolo HCP/NCCP, including take associated with projects that are exempt from the fees and/or conditions of the Yolo HCP/NCCP. The quarterly reporting shall also include the same information regarding public agency projects and associated take.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663362", "number": "§ 42.01.060", "title": "Service fees.", "text": "The City of Davis may collect duly adopted service fees from project applicants to compensate for the City of Davis's costs associated with its administration and implementation of the Yolo HCP/NCCP and related permitting process. The amount and method of calculation of the service fees shall be set by resolution of the city council. Any such fees shall be in addition to, and not a deduction from, the mitigation fees adopted by the Conservancy.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663363", "number": "§ 42.01.070", "title": "Authorized take coverage.", "text": "Upon payment in full of the mitigation fees and approval of planning permits incorporating all applicable Yolo HCP/NCCP conditions of approval, the project applicant shall receive authorized take coverage for the covered activity in accordance with the terms of the take permits, the Yolo HCP/NCCP, and the implementing agreement.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663364", "number": "§ 42.01.080", "title": "Guidelines.", "text": "The director of the department of community development and sustainability may adopt guidelines to assist with the implementation and administration of all aspects of this article.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663365", "number": "§ 42.01.090", "title": "Interpretation.", "text": "In the event of a conflict between any term or requirement of this article, the take permits, the Yolo HCP/NCCP, and the implementing agreement, the term or requirement of the take permits shall govern.", "history": "(Ord. 2530 § 2, 2018)" }, { "guid": "44663366", "number": "§ 42.01.100", "title": "Operative date.", "text": "This article shall be operative upon the occurrence of all of the following: amendment of the Conservancy's joint powers agreement relating to plan implementation (including mitigation fees); the Conservancy's adoption of the mitigation fees; the full execution of the implementing agreement; the adoption of the Yolo HCP/NCCP and implementing ordinances by each of the cities and the county; and the issuance of the take permits by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife.", "history": "(Ord. 2530 § 2, 2018)" } ] }, { "guid": "44663390", "title": "Ordinance List and Disposition Table", "number": "OL", "url": "https://ecode360.com/44663390", "sha256": "31b93b5eadbd68f1804993a188a003384496e67516f11b4f7ca416690fcee529", "exportedArticleSha256": "48eec5f817c7fbed6645f3afcae6d16108224641cea370f57cfa54be0fa95a0d", "sections": [ { "guid": "44663391", "number": "§ OL.010", "title": "Ordinance list and disposition table.", "text": "The following is a chronological listing of legislation of Davis, California. Each entry in this table contains a reference intended to give the user of the code the current disposition (location) of the content of each particular ordinance and indicating its inclusion or exclusion in the Code. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (Special).]A complete listing, including disposition, of all legislation reviewed in conjunction with the original publication of the Code is on file in the office of the Clerk.1. \"Special\" ordinances, such as specific agreements and contracts, rezones of land, or other enactments not of a permanent or long-term nature, are usually not codified. They may, however, still be in effect. A user of the Code wishing to review such an ordinance should consult with the office of the Clerk for additional information.2. A disposition such as 2.08 refers to a chapter of this Code, and indicates that some or all of the content of a particular ordinance is still in effect, and may be found in the section(s) of that chapter.3. A disposition such as 2.08.010 [2.08.030] indicates that the ordinance mislabeled the amending chapter/section and the number in brackets is the correct one.Ord. No.Disposition926Rezone (Special)927Adds language to § 16-46, stop intersections928Adds language to § 16-46, stop intersections929Adds language to and deletes portions of § 16-45, through streets930Adds language to subsection (b) of § 16-19; deletes portions of subsections (b) and (c) of § 16-19, speed limits (Repealed by 2629)931Rezone (Special)932Adds language to § 16-46, stop intersections933Adds language to and deletes portion of § 16-69, parking934Adds language to § 16-45, through streets935Adds language to § 16-46, stop intersections936Special election (Special)937Adds language to § 16-46, stop intersections938Adds language to § 16-48, yield intersections939Adds language to and deletes portions of § 16-69, parking940Rezone (Special)941Amends subsection 12(e) of Ord. No. 893942Amends subsections (c)(5), (e)(3), (e)(4) and (f)(4) of § 29-164; repeals subsection (f)(5) of § 29-164; renumbers subsection (f)(6) as (f)(5) of § 29-164, zoning943Adds language to subsection (b) of § 16-19, speed limits; repeals Ord. No. 914 (Repealed by 2629)944Amends subsection (b) of § 28-26, water rates945Amends § 29-157, zoning946Adds §§ 29-40.1—29-40.9, 29-86.1—29-86.8, 29-93.3—29-93.11 and 29-156A; adds language to § 29-1; repeals and replaces §§ 29-87—29-86.8, zoning947Amends § 10-37, transient occupancy tax948Amends §§ 25-58 and 25-71, subdivisions949Amends §§ 6-4(b) and 6-25, buildings (Repealed by 2408)950Amends § 7 of Ord. No. 893951Amends §§ 3A-1, 3A-3, 3A-7, 3A-9, 3A-10, 3A-11, 3A-12, alarm systems; repeals §§ 3A-2, 3A-4, 3A-5 and 3A-6952Amends subsection (a) of § 11-3, fire code953Adds §§ 24-42—24-45, street lighting954Amends § 26-5, trees and shrubs955Repeals and replaces §§ 22-1—22-11, garbage; repeals §§ 22-12—22-29956Adds § 10-57.1; amends § 10-57, construction tax957Charges for public safety services958Adds §§ 23-36—23-47; amends §§ 23-5(d) and 23-26, sewer rates959Amends 28-16, 28-17, 28-20, 28-21, 28-22, 28-23 and 23-28, water rates960Adds language to subsections (c) and (d) of § 16-19, speed limits (Repealed by 2629)961Interim classroom facilities in new developments (25)962Amends §§ 25-58 and 25-71, subdivisions963Amends §§ 6-4(b) and 6-25, buildings (Repealed by 2408)964Amends § 26-5, trees and shrubs (Repealed by 2099)965Amends subsection (a) of § 11-3, fire code966Adds §§ 24-42—24-45, street lighting967Repeals and replaces §§ 22-1—22-11, garbage; repeals §§ 22-12—22-29968Adds §§ 23-36—23-47; amends §§ 23-5(d) and 23-26, sewer rates969Amends § 10-37, transient occupancy tax970Amends §§ 28-16, 28-17, 28-20, 28-22, 28-23 and 28-28, water rates971Charges for public safety services972Adds § 10-57.1; amends 10-57, construction tax973Adds § 13-29.1; amends §§ 13-29, 13-33.1 and 13-34, business licenses (Not codified)974Amends § 10-37, transient occupancy tax975Adds § 23-40.1, sewer rates976Amends subsections (j) and (k) of § 13-34, business licenses977Public safety charges978Amends subsection (b) of § 13-34; repeals and replaces subsection (a) of § 13-29.1, business licenses; repeals subsections (b)—(h)979Adds language to § 16-70, parking980Adds language to § 16-46, stop intersections981Adds language to § 16-46, stop intersections; deletes portion of § 16-48, yield intersections982Rezone (Special)983Rezone (Special)984Adds § 2-9.1, city council985Amends subsection (b) of § 6-4, § 6-25, subsection (c) of § 9-4, and subsection (c) of § 20-4, fees (9, 20)986Amends subsections (a) and (b) of § 8A-3, elections (Repealed by 1624)987Amends § 13-33.1, business license tax (13)988Amends § 29-9, rezone (Special)989Amends § 16-46, stop sign (16)990Amends § 29-9, rezone (Special)991Repeals Art. II, §§ 5-8—5-16.7, bicycle licenses (Repealer)992Underground utility installation (Special)993Amends § 16-70, parking (16)994Amends subsection (j) of § 13-34, peddler's business license (13)995Amends § 16-69, parking (16)9961978-79 budget (Special)997Administration procedures for renters' tax relief initiative (Not codified)998Repeals and reenacts § 16-43, traffic signals (16)999Amends § 16-46, stop sign (16)1000Amends § 16-50 by deletion of certain items, parking (16-50)1001Amends § 16-70, parking (16-70)1002Amends §§ 29-1, 29-158 and subsections (d) and (f) of § 29-159, zoning (29)1003Adds § 18-21.1; amends § 18-6, subsection (k) of § 18-7, §§ 18-8, 18-12 and 18-16, peddlers (Repealed by 1972)1004Amends § 29-9, rezone (Special)1005Amends subsection (a) of § 29-86.3 and subsection (c)(1) of § 29-93.1, zoning (Repealed by 2637)1006Amends subsection (b)(4) of § 29-176, zoning (29)1007Amends § 16-46, stop signs (16)1008Adds §§ 4-9 and 4-10; amends § 4-6, animal control (4)1009Amends subsection (a) of § 10-57, tax on apartments and dwellings (10)1010Amends § 29-9, rezone (Special)1011Adds Ch. 17A, parks and recreation areas; repeals § 17-14 (17, 17A)1012Amends § 16-46, stop signs (16)1013Amends § 29-1 and subsection (18) of § 29-164(a), zoning (29)1014Adds subsections (d), (e), and (f) to § 29-102; amends subsections (a), (b) and (c) of § 29-102 and subsection (y) of § 29-159; repeals Art. XIV, §§ 29-94—29-100 and subsection (z) of § 29-159, zoning (29)1015Adds items to § 16-46, stop signs (16)1016Deletes item from § 16-11, one-way streets and alleys (16)1017Adds items to § 16-46, stop signs; deletes items from § 16-48, yield intersections (16)1018Amends subsection (e) of § 29-83, zoning (29)1019Amends subsection (a) of § 10-57, construction tax (10)1020Deletes and adds item to § 16-69, parking (16)1021Adds Art. IIA to Ch. 6 and Division 6 to Ch. 25; flood protection (6, 25)1022Extends time limit of Ord. No. 893 (Special)1023Amends § 29-163, zoning (29)1024Amends subsection (c) of § 29-199, zoning (29)1025Amends subsection (b) of § 29-199, zoning (29)1026Adds item to § 16-46, stop signs (16)10271979-1980 budget (Special)1028Rezone (Special)1029Planned development sub-zones (Special)1030Adds Art. IX to Ch. 25, neighborhood parks1031Amends § 29-9, rezone (Special)1032Adopts Yolo County Ord. No. 849 by reference (Special)1033Amends § 29-9, rezone (Special)1034Amends § 29-9, rezone (Special)1035Adds item to § 16-69, parking (16)1036Adds Art. III to Ch. 12A, discrimination against families1037Amends §§ 12A-2, 12A-3, 12A-4, 12A-8, and 12A-91038Amends §§ 29-260, 29-262, 29-263, 29-264, 29-265, 29-267, 29-268; repeals 2-22—2-251039Rezone1040Amends (d) of § 29-1571041Amends (13) of § 29-164(a)1042Amends § 13-251043Amends §§ 2-32, 2-33, and 2-341044Adds (e) to § 2A-201045Amends (2) of § 29-181(a) and (3) of § 29-181(a)1046Amends § 16-461047Amends § 16-701048Rezone1049Amends § 6-19; adds Division 4 to Art. III of Ch. 6 (Repealed by 2408)1050Prezone1051Amends § 16-461052Amends § 16-311053Amends (c), (e) and (f) of 28-17; adds § 28-38 and § 28-391054Amends (a) of § 23-26 and (a) of § 23-291055Amends (1) of § 22-10(b), (1) of § 22-11(a), (2) of §§ 22-11(b), 22-12 and 22-13; repeals (c) of § 22-111056Amends § 4-6, (c) of § 4-9 and (c) of § 17A-111057Amends § 16-94 et seq.1058Rezone1059Repeals (ii) of § 3C(2) of Ord. No. 1039 (Special)1060Adds (d) and (e) to § 6-29.1; amends §§ 6-29.4 and 6-29.51061Amends § 16-461062Amends § 16-681063Amends § 16-701064Amends § 16-461065Amends § 16-451066Interim zoning (Special)1067Rezone (Special)1068Adds language to § 29-1, zoning (29-1)1069Deletes first paragraph and amends subsections (a) and (d) of § 29-287, zoning (29-287)1070Adds §§ 6-39—6-50, building security for new construction (6-39—6-50)1071Amends subsection (a) of § 6-31, building security (6-31)1072Adds subsection (8) to § 29-164(g), zoning (29-164)1073Amends §§ 29-181(a)(1), 29-181(a)(2), 29-181(a)(3), 29-181(b), 29-181(b)(1), and 29181(c)(1)(e); repeals and replaces § 29-181(c)(1)(f); repeals § 29-181(c)(1)(g), zoning (29-181)1074Amends, adds and deletes certain items from § 16-19(b), (c) and (d), speed limits (Repealed by 2629)1075Rezone (Special)1076Rezone (Special)1077Adds to § 16-46, stop signs (16-46)1078Extends Ord. No.1066, interim zoning (Special)1079Extends Ord. No. 1008, animal control (4-9, 4-10)1080Adds definition to § 29-1, zoning (29-1)1081Extends Ord. No. 893 (Special)1082Adds to § 16-46, stop signs (16-46)1083Adopts and approves 1980-1981 budget (Special)1084Adds Art. XVI to Ch. 2, amends §§ 2-26, 2-28, 2-32, 2-40, 2-50, 2-51, 2-52, 2-53, 16-17.3, 16-17.4, 16-17.5, 26-3, 29-234, 29-234.2, 29-234.3, boards and commissions (2, 16, 26)1085Amends § 29-9, rezone (Special)1086Amends §§ 16-45 and 16-46, stop signs (16)1087Adds subsections (a)(5) and (c) to § 29-111; amends §§ 29-111(a)(2), (d), 29-113(e), 29-114(b) and (d); deletes §§ 29-109(d), (e), 29-111(a)(5), (c), commercial highway zoning district (29)1088Adds to § 16-46, stop signs (16)1089Amends § 29-9, rezone (Special)1090Amends § 4-6, animals (4)1091Amends §§ 22-10, 28-16 and 28-17, refuse removal and water charges (22, 28)1092Adds to § 16-70, no-parking (16)1093Repeals § 16-62.1 (Repealer)1094Amends § 29-9, rezone (Special)1095Amends § 29-9, rezone (Special)1096Adds to and deletes from § 16-46, stop signs (16)1097Amends § 2-4, city council order of business (2)1098Extends Ord. 893 (Special)1099Adds Art. 6 to Ch. 6, smoke detectors' installation upon resale (Repealed by 2426)1100Adds to § 16-46, stop signs (16)1101Extends Ord. 893 (Special)1102Amends § 29-291, zoning (29)1103Amends §§ 6-52 through 6-56, smoke detectors (Repealed by 2426)1104Amends § 16-46, stop signs (16)1105Rezone (Special)1106Amends § 16.46, stop signs (16)1107Adds Ch. 16B, noise regulations (Repealed by 1700)1108Rezone (Special)1109Amends §§ 29-32(e) and 29-40.8(f), zoning (29-32, 29-40)1110Amends §§ 5A-4, 5A-6, 5A-8, 5A-10, 5A-11, 5A-12 and 5A-14, bingo games (5A)1111Amends Ord. 1101, owner-occupancy (Special)1112Amends § 16-46, special stops (16-46)1113Amends § 16-19, operation of vehicles (Repealed by 2629)1114Rezone (Special)1115Rezone (Special)1116Amends § 16-45, special stops (16-45)1117Amends § 2-3, City Council (2-3)1118Amends § 16-69, parking (16-69)1119Rezone (Special)1120Grants franchise to Davis Cable Cooperative, Inc. (Not codified)1121Amends § 10-3, finance and taxation (10-3)1122Amends § 16-461123Amends §§ 29-1 and 29-35(a)1124Rezone (Special)1125Amends §§ 6-1, 6-2, 6-4 and 6-51126Amends §§ 15-1, 15-2 and 15-41127Amends §§ 20-1, 20-2 and 20-41128Amends §§ 9-1, 9-2 and 9-41129Amends §§ 2-36 and 2-3711301981-1982 budget (Special)1131Adds to § 16-461132Amends § 23-26(a), (b) and (c)1133Amends §§ 28-16, 28-17, 28-20, 28-31 through 28-34, and 28-36 through 28-381134Rezone (Special)1135Adds to § 16-701136Adds § 12A-2(d); amends § 12-6(b)1137Adds to § 29-91138Amends § 16-481139Adds Art. 13 to Ch. 16 (16-109—16-116)1140Amends § 29-11141Adds § 29-192.1; amends § 29-192(b)1142Adds § 12A-6(b)(11)1143Adds to § 16-461144Amends Ord. 1120 § 61145Adds § 12A-9(d); amends § 12A-4(a)1146Amends § 29-9, rezone (Special)1147Amends § 10-3, claims against city (10)1148Amends § 29-9, rezone (Special)1149Amends § 29-9, rezone (Special)1150Adds (h) to § 29-164, signs (29)1151Amends § 16-69, timed parking zones (16)1152Adds (d) to § 29-199, setbacks (29)1153Amends § 8A-8, municipal elections (Repealed by 1624)1154Amends § 29-9, prezone (Special)1155Amends §§ 16-45 and 16-46, stop signs (16)1156Amends Ord. 1120 § 6, franchise extension (Special)1157Amends § 8A-4(e), filing campaign statements (Repealed by 1624)1158Amends §§ 6-22 and 6-29, energy conservation (Repealed by 2408)1159Amends § 16-74, parking (Repealed by 2591)1160Amends § 16-46, stop signs (16)1161Rezone (Special)1162Rezone (Special)1163Adds item to § 16-46; deletes two items from § 16-48, stop and yield intersections (16)1164Amends § 6 of 1120, CATV franchise (Not codified)1165Adds items to § 16-46, stop intersections (16)1166Rezone (Special)1167Rezone (Special)1168Amends § 6 of Ord. 1120, CATV franchise (Not codified)1169Rezone (Special)1170Adds items to § 16-70, prohibited parking (16)1171Adds items to § 16-46; deletes item from § 16-45, stop intersections and through streets (16)1172Amends § 6 of Ord. 1120, CATV franchise (Not codified)1173Repeals and replaces Art. III of Ch. 6, energy conservation standards for residential construction (6-9 et seq.)11741982-1983 budget (Special)1175Rezone (Special)1175-ARezone (Special)1176Amends Ord. 1120 § 6, franchise extension (Special)1177Amends § 29-191, zoning (29)1178Rezone (Special)1179Amends §§ 22-4 and 22-10, refuse and garbage (22)1180Amends subsection (b) of § 6-15, buildings administration and enforcement (6)1181Amends subsection 28-17(e), water rates for schools (28)1182Adds exception 6 to § 6-4(17), parapets (6)1183Adds subsections (a) and (b) to § 5-17, applicability of traffic laws (5)1184Amends subsections (a) and (b) of § 16-19, decrease of speed limits (Repealed by 2629)1185Adds items to § 16-46, stop streets (16)1186Amends Ord. 1120 § 6, franchise extension (Special)1187Adds Art. IV to Ch. 12A, housing (12A)1188Rezone (Special)1189Adds Art. XVII to Ch. 2, administration; amends §§ 2-26, 2-51 and 19-4; repeals §§ 2-27, 2-33, 2-41, 2-52, 16-17.4 and 29-234.2 (2, 19)1190Amends §§ 16B-2(b), (c) and (d), 16B-3, 16B-4(b), 16B-6 and 16B-9(b), noise regulations (Repealed by 1700)1191Adds § 29-193.1, zoning (29)1192Amends § 3-1, advertising (Repealed by 1370)1193Adds items to § 16-46, stop streets (16)1194Amends subsection (c) of § 16-19, decrease of speed limits (Repealed by 2629)1195Amends Ord. 1120 § 6, franchise extension (Special)1196Amends § 3-1, advertising (Repealed by 1370)1197Adds § 5-39, impoundment of bicycles (5)1198Adds item to §§ 29-28(c), 29-35(d), 29-40.3(d), 29-44(f), 29-49(d), 29-51(e), 29-53(d), 2960(d), 29-62(e), 29-91(d) and 29-93.5(g); adds § 29-145.5; amends §§ 29-42, 29-145.2 and 29-181, renumbers existing 29-72.2(k) to (l) and adds new subsection (k); renumbers existing 29-89(i) to (j) and adds new subsection (i), zoning (29)1199Adds item to § 16-46, stop streets (16)1200Adds §§ 29-12.2 and 29-12.3, zoning (29)1201Authorizes five percent salary increase for city council members (Special)1202Amends Ord. 1120 § 6, franchise extension (Special)1203Deletes items from § 16-46, stop streets (16)1204Amends § 8-2, dance permits (Repealed by 2477)1205(Not codified)1206Establishes municipal solar utility (Repealed by 1346)1207Amends subsection (h)(1) of § 29-164, zoning (29)1208Rezone (Special)1209Amends § 16-46, stop intersections (16)1210Amends Art. III of Ch. 23, sewers and sewage disposal (23)1211Repeals portions of § 29-8, and repeals §§ 29-20, 29-21, 29-22, 29-23, 29-24, 29-25, 2926, 29-73, 29-74, 29-75, 29-76, 29-77, 29-78, and 29-79, zoning (Repealer)1212Amends § 29-181, zoning (29)1213Rezone (Special)1214Adds §§ 29-30(e) and 29-146, zoning (29)1215Amends §§ 11-1—11-9, UFC; repeals § 11-10 (11)1216Amends §§ 8A-1, 8A-3(a) and 8A-4(b), campaign spending (Repealed by 1624)1217Amends § 16-46, stop streets (16)1218Amends § 8A-4(b), campaign spending (8A)1219Amends § 16-46, stop streets (16)1220Repeals § 6-29.7(g), (j); redesignates (h) and (i) as (g) and (h), solar shading (6)1221Amends § 29-164(a)(13), zoning (29)1222Amends § 12A-24(h), housing (12A)1223Budget for 1983-1984 (Special)1224Rezone (Special)1225Amends §§ 23-26, 23-40 and 23-42, sewer charges (23)1226Amends §§ 28-16, 28-17 and 28-20, water charges (28)1227Adds § 29-93.12, zoning (29)1228Adds § 6-49(i)(5); amends §§ 6-48(l)—(o) and 6-49(i)(2), (3), (4), building security (6)1229Rezone (Special)1230Rezone (Special)1231Rezone (Special)1232Amends § 16-59, angle parking (16-59)1233Amends § 16-11, one-way streets (16-11)1234Amends § 16-46, stop streets (16-46)1235Amends §§ 16-68 and 16-69, parking zones (16)1236Rezone (Special)1237Rezone (Special)1238Amends § 16-19(6), speed limits (Repealed by 2629)1239Adds Arts. XXXVI and XXXVII, solar access, solar shade (29)1240Prezone (Special)1241Prezone (Special)1242Amends §§ 12A-27, 12A-28 and 12A-35, owner occupancy (12A)1243Adds § 16-62.1, parking (16)1244Amends §§ 10-13(b), (c) and (d), purchase procedures (10)1245Repeals § 16-28, sound vehicles (Repealer)1246Rezone (Special)1247Prezone (Special)1248Rezone (Special)1249Adds §§ 29-297 and 29-298; renumbers § 29-297 as § 29-299, zoning enforcement (29)1250Amends § 16-46, stop signs (16)1251Amends § 16-70, parking (16)1252Rezone (Special)1253(Not codified)1254Amends § 22-1, § 22-6(b) and (c); renumbers § 22-8(a)(3) as (a)(4); adds § 22-8(a)(3), refuse (22)1255Amends §§ 16-69 and 16-70, parking (16)1256Adds § 10-20.10A; amends § 10-20.10, sales and use tax (10)1257Adds § 13-34(l); amends § 13-32(k), business license tax (Not codified)1258Amends Ord. 1249 § 1, zoning enforcement (29)1259Amends § 16-19, speed limits (Repealed by 2629)1260Adds Art. IV (§ 11-28), hazardous substances (Repealed by 1828)1261Adds Art. IA (§ 4-5.1), vicious animals (4)1262Repeals and replaces Art. I (12A-1), housing (Repealed by 1638)1263Amends §§ 16-45 and 16-46, stop signs (16)1264Rezone (Special)1265Adds § 29-233.3 (Repealed by 1627)1266Amends § 29-2761267Amends § 29-164(a)(9)1268Repeals §§ 20-7—20-101269Adds § 13-34(1); amends §§ 13-29 and 13-32(k)1270Repeals and replaces Art. XX-A of Ch. 29; repeals Art. X of Ch. 2 and § 29-72.81271Adds § 18-2 (Repealed by 1972)1272Adds § 29-91(e) (Repealed by 2637)1273Amends § 16-19 (Repealed by 2629)1274Repeals Art. X of Ch. 21275Amends § 16-19 (Repealed by 2629)1276Amends § 16-461277Amends § 16-481278Amends § 13-34(k)12791984-1985 budget (Not codified)1280Underground utility district (Not codified)1281Adds language to § 29-9, rezone (Special)1282Designates certain cites as Historical Resources or Outstanding Historical Resources (Special)1283Amends § 10-2, door-to-door solicitation (10)1284Amends § 16-19(a), speed limits (Repealed by 2629)1285Amends § 16-70, areas where parking is prohibited (16)1286Amends § 16-70, areas where parking is prohibited (16)1287Adds language to § 16-69, parking zones (16)1287-AAmends § 29-9, rezone (Special)1288Adds five items to § 16-46, stop signs (16)1289Adds item to § 16-46, stop signs (16)1290Adds item to § 16-48, yield intersections (16)1291Designates four sites as historical resources (Special)1292Amends § 16-70, areas where parking is prohibited (16)1293Deletes item from § 16-59, angle parking (16)1294Amends § 16-62, towing of vehicles (16)1295Designates two sites as historical resources (Special)1296Authorizes removal of aboveground structures in Underground Utility District No. 5 (Not codified)1297Amends § 29-9, rezone (Special)1298Amends §§ 16-100, 16-105 and 16-107, preferential parking (16)1299Amends § 13-29(b), license taxes (13)1300Adds § 22-4.1; amends § 22-10, refuse and garbage (22)1301Adds language to § 16-46, motor vehicles and traffic (16)1302Adds language to § 16-19(b), motor vehicles and traffic (Repealed by 2629)1303Amends § 2-9, administration (2)1304Adds language § 16-70, motor vehicles and traffic (16)1305Amends §§ 16B-2(d), 16B-3, 16B-4(b), 16B-6, 16B-7(b), 16B-9(b), 16B-16, 16B-18, 16B-20, 16B-22(c)(2), noise regulations (Repealed by 1700)1306Adds §§ 19-18, 19-19 and 19-20, personnel (19)1307Adds §§ 16-117, 16-118, 16-119, 16-120, 16-121 and 16-122, motor vehicles and traffic (16)1308Repeals certain language in § 16-46, motor vehicles and traffic (16-46)1309Adds § 6-22.1; amends §§ 6-20, 6-22(a), 6-29.3; repeals §§ 6-22(b) and 6-29.5(e); renumbers § 6-29.5(f) to be § 6-29.5(e) (Repealed by 2408)1310Adds Art. V to Ch. 11, hazardous materials disclosure (11)1311Adopts interim ordinance prohibiting uses in conflict with the proposed South Davis specific plan (Not codified)1312Amends §§ 16B-10 and 16B-11, noise regulations (Repealed by 1700)1313Amends § 1-1, general provisions (1)1314Amends §§ 29-145.7 and 29-145.14, zoning (29)1315Amends § 16-70, motor vehicles and traffic (16)1316Rezone (Special)1317Interim ordinance (Special)1318Rezone (Special)1319Adopts 1985-86 budget (Special)1320Amends § 23-26, sewers and sewage disposal (23)1321Amends § 16-46, stop signs (16)1322Amends § 16-48, yield signs (16)1323Amends §§ 29.227(c), 29-236.2(b), 29-262(c), 29-272(a), 29-280 and 29-288, public hearings on zoning matters (29)1324Adds subsection (i)(6) to § 6-49 and amends §§ 6-48(m), (n) and (o) and 6-49(i)(3) and (i)(5), building security (6)1325Industrial development authority1326Amends § 29-9, rezone (Special)1327Adds Ch. 9A and §§ 9A-1—9A-7, farmers markets (9A)1328Establishes Underground Utility District No. 6 (Special)1329Adds §§ 29-145.5 [145.4.7], 29-145.6 [145.4.8], 29-180.1 and 29-230.1; amends § 29-227(c), zoning (29)1330Adds Art. V (§§ 11-29—11-38) to Ch. 11, hazardous materials disclosure (11)1331Adds language to § 29-9, rezone (Special)1332(Not codified)1333Adds §§ 28-13.1 and 28-13.2; amends §§ 28-13 and 28-14; repeals § 28-6, water service (28)1334Designates Clancy House as historical resource (Special)1335Designates Schmeiser House as historical resource (Special)1336Amends § 29-9, prezone (Special)1337Repeals and adds Art. 13 (§§ 2-70—2-78) of Ch. 2, conflict of interest code; repeals Resos. 2273 and 2645 (2)1338Moratorium on building permit issuance for converting garages, etc., to living space (Not codified)1339(Not codified)1340-AAmends contract with California Public Employees' Retirement System (Special)1341Amends Ord. 1338, moratorium on issuance of certain building permits (Not codified)1342Adds language to § 16-45, through streets (16)1343Designates A.J. Plant House as historical resource (Special)1344Adds language to § 16-70, parking (16)1345Adds language to § 16-72, parking (16)1346Repeals Ord. 1206, municipal solar utility (Repealer)1347Amends § 29-9, rezone (Special)1348Amends § 18-2, door-to-door solicitation (Repealed by 1972)1349Amends § 6-1, Uniform Building Code (1982) adopted by reference (6)1350Adds § 20-6A and amends §§ 20-1, 20-4 and 20-7, plumbing (20)1351Amends §§ 9-1 and 9-4, electrical code (9)1352Amends §§ 15-1 and 15-4, mechanical code (15)1353Amends § 6 of Ord. 1338 to extend operability to March 26, 1986 (Not codified)1354Repeals § 16-49, railroad crossings (Repealer)1355Designates Anderson-Hamel House as historical resource (Special)1357Adds, amends and repeals definitions in § 29-1; adds § 29-151 and amends §§ 29-28, 29-29, 29-30, 29-36, 29-37, 29-54, 29-55, 29-158 and 29-159(f), zoning (29)1358Repeals and replaces Ch. 8A, elections (Repealed by 1624)1359Adds Ch. 7A, discrimination (7A)1360Designates McDonald House as historic resource (Special)1361Adds material to § 16-11, one-way streets (16)1362Adds material to § 16-46, stop signs (16)1363Designates historic resources (Special)1364Designates Griere-Asbill House as historic resource (Special)1365Adds § 1-19, claims against city (1)1366Adds subsection (c) to § 2-87, terms of board or commission members (2)1367Adds material to § 16-46, stop signs (16)1368Amends § 16-46, stop signs (16)1369Amends §§ 26-1, 26-3, 26-8, 26-13 and 26-14, street tree commission (Repealed by 2099)1370Adds §§ 3-2—3-8; repeals and replaces § 3-1; renumbers §§ 3-2—3-5 to be 3-9—3-12, signs (3)1371Amends § 7A-4, discrimination (7A)1372Adds material to § 16-46, stop signs (16)1373Repeals and replaces § 12A-25, low-income housing (12A)1374Adds §§ 6-25.1, 6-25.2, housing resale inspection (Repealed by 2408)1375Amends § 29-145.12, alteration permits (29)1376Adds material to § 16-70, parking (16)1377Adds §§ 29-142.2.5 and 29-202.5; amends §§ 29-1, 29-116, 29-118, 29-123 and 29-125; repeals §§ 29-145.4.5 and 29-145.4.6, hazardous materials (29)1378Amends §§ 2-71, 2-72, 2-74 and 2-78, conflict of interest code (2)1379Adds material to 16-46, stop signs (16)1380Municipal service tax (10)1381Amends § 2 of Ords. 957 and 971, public safety charges (10)1382Budget adoption (Special)1383Amends §§ 28-16, 28-17, 28-20, water rates (28)1384Adds Art. IV to Ch. 6; repeals Art. XIV, Ch. 25, capital improvements for schools (6)1385Amends § 16-71, traffic (16)1386Rezone (Special)1387Prezone (Special)1388Amends § 12A-9(c), housing (Repealed by 1638)1389Amends § 16-45, streets (16)1390Amends § 16-59, parking (16)1391Amends §§ 16-45, 16-46, stop signs (16)1392Amends § 16-70, parking (16)1393Rezone (Special)1394Amends § 16-45, streets (16)1395Amends § 16-70, parking (16)1396Amends § 16-46, stop signs (16)1397Amends § 18-2, door-to-door solicitation (Repealed by 1972)1398Amends § 16-46, stop signs (16)1399Rezone (Special)1400Amends § 16-46, stop signs (16)1401Amends § 16-70, parking (16)1402Historical site designation (Special)1403Amends § 16-70, parking (16)1404Amends § 16-46, stop signs (16)1405Amends § 16-70, parking (16)1407Amends Ch. 25, subdivisions (25)1408Suspends prohibition on beacons and searchlights (Not codified)1409Adds § 35A to and amends § 34d and renumbers § 34d, e and f to be e, f and g, cable franchise (Not codified)1410Historical site designation (Special)1411Adds §§ 2-2.1, 2-3.2 and 2-88—2-90; amends title of Art. XVII and §§ 2-3 and 2-4; re-numbers former §§ 2-88—2-90 to be 2-91—2-93, council procedure (2)1412Amends § 16-70, prohibited parking (16)1413Amends § 16-46, stop signs (16)1414Amends §§ 16-68 and 16-69, parking (16)1416Adds § 29-145.4.7, final planned development application appeals (29)1417Amends § 2-87, terms for board and commission members (2)1419Adds § 29-145.2.7 and amends § 1 of Ord. 1357 and §§ 29-29(a), 29-33(a), 29-36(a), 29-40(a), 29-54(a), 29-55(a) and (h), zoning (29)1420Amends § 29-1, zoning (29)1422Amends §§ 6-25, 6-25.1 and 6-25.2, buildings (Repealed by 2408)1423Adds § 16-46(7), vehicle and traffic (16)1424Amends §§ 29-93.5(c)—(f) and adds (h); repeals § 29-93.7(b) and (f) and amends § 29-93.7(e), zoning (29)1425Amends § 29-164(a)(5) and (6), zoning (29)1426Adds § 16-46(A), vehicles and traffic (16)1427Amends §§ 29-231, 29-234, 29-234.1, 29-235 and 29-236, zoning (Repealed by 1627)1429Amends §§ 6-4 and 24-4, encroachments of projections onto public way (6, 24)1430Adds (a) to § 16-46, vehicles and traffic (16)1431Repeals subsection a from § 16-19(h), vehicles and traffic (Repealed by 2629)1432Adds Art. IX to Ch. 10, finance (10)1433Adds § 10-14.1 and amends §§ 10-11 and 10-14; finance (10)1434Adds § 16B-7(d), noise (Repealed by 1700)1435Adds Ch. 23A and repeals Ch. 11, Art. 3, smoking control (Repealed by 1682)1439Repeals § 6-29.7(b)—(h), buildings (6)1440Adds Art. IB (§ 4-5.5) to Ch. 4, animals (4)1441Adds Art. II to Ch. 22, wine cooler containers1442Amends § 16-70, parking1443Amends § 16-46, stop signs1444Adds §§ 29-149.1 and 29-149.2; amends §§ 29-146, 29-150, 29-164, 29-185, 29-228 and 29-255; repeals and replaces § 29-164; repeals §§ 29-239—29-244 and 29-246—29-247, zoning (29)1445Amends § 2-26, planning commission (Repealed by 1675)1447Amends § 12A-6, staff rating system (Repealed by 1638)1448Amends § 16-19, speed limits (Repealed by 2629)1449Amends §§ 29-231, 29-233, 29-234, 29-235, 29-236 and 29-236.1 (Repealed by 1627)1450Amends §§ 29-1, 29-82, 29-83, 29-146, 29-151.2, 29-151.31451Amends § 16-19(b) and (c), speed limits (Repealed by 2629)1452Amends § 16-46, stop intersections (16)1453Amends Ch. 7, emergency organizations and functions; repeals Ord. 127 (7)1455Amends § 16-46, stop signs (16)1457Amends § 16-46, stop signs (16)1458Amends Ch. 9A, farmers markets (9A)1459Adds § 29-234.5, design review commission (Repealed by 1627)1460Amends § 16-19(b) and (d), speed limits (Repealed by 2629)1461Amends §§ 16-46 and 16-48, stop intersections (16)1462Rezone (Special)1463Amends § 16-69, timed parking zones (16)1464Repeals and replaces Art. IIA of Ch. 6, flood damage prevention standards (6)1465Adds § 17-22, possession of nuisance objects by minors (17)1466Amends § 16-46, stop intersections (16)1467Amends § 16-19(a), (b) and (e), speed limits (Repealed by 2629)1468Adds Art. XII-A to Ch. 25, condominium conversion (25)1469Rezone (Special)1470Rezone (Special)1471Amends contract with California Public Employees Retirement System (Special)1472Extends interim study zone; declares moratorium on building permits (Special)1473Extends interim study zone; declares moratorium on building permits (Special)1474Amends § 16-46, stop intersections (16)1475Rezone (Special)1476Designates site as historical resource (Special)1477Amends § 22-6(a), garbage collection (22)1478Adds to § 16-46, stop intersections (16)1479Amends Ord. 1120, CATV franchise (Not codified)1480CATV franchise transfer (Not codified)1481Adopts 1988-1989 budget (Special)1482Approves CATV franchise transfer to United Cable Television (Special)1483Amends Ord. 1120, CATV (Special)1484Rezone (Special)1485Rezone (Special)1486Deletes material from § 16-46, stop intersections (16)1487Amends § 29-156, off-street parking (29)1488Special municipal bond election (Special)1489Amends §§ 16-46 and 16-48, motor vehicles and traffic (16)1490Amends § 16-46, stop intersections designated (16)1491Adds Art. X (business improvement district) to Ch. 10, finance and taxation (10)1492Amends § 2-26, planning commission (Repealed by 1675)1493Amends § 2-1, city council (2)1494Rezone (Special)1495Amends § 16-70, stopping, standing and parking (16)1496Final CIP budget fiscal year 1988-1989 (Special)1497Amends § 16-46, special stops (16)1498Extending time for Old East Davis (Special)1499Adds Art. IV, cross-connection control, to Ch. 28, water (28)1500Adds § 29-238.2, zoning (Repealed by 1627)1501Exemption from parking requirements for certain properties (Special)1502Prezone (Special)1503Rezone (Special)1504Prezone (Special)1505Adopts development agreement (Special)1506Prezone (Special)1507Amends § 16-70; amends and renumbers § 29-145.4.7 to be 29-145.4.9; renumbers §§ 10-70—10-75 to be 10-73—10-78, technical corrections to code (10, 16, 29)1508Prohibits sale of assault weapons (Not enacted)1509Amends business improvement district (Not codified)1510Establishes underground utility district (Special)1511Amends business improvement district (Not codified)1512Planned development (Special)1513Amends § 16-70, stopping, standing and parking (16)1514Rezone (Special)1515Rezone (Special)1516Public safety dispatchers (Not codified)15171989-90 budget (Special)1518Amends §§ 28-13.1, 28-16, 28-17, 28-21, 28-22, 28-34, 28-35 and 28-38, water system (28)1519Adds § 22-11.1; amends §§ 22-4, 22-6, 22-11 and 22-13, subdivisions (22)1520Amends §§ 23-26, 23-29, 23-31 and 23-33, sewer system (23)1521Amends §§ 23-37, 23-40, 23-41, 23-42, 23-44 and 23-46; renames title of Art. V of Ch. 23, sewer system (23)1522Repeals and replaces Art. II of Ch. 6, energy conservation standards; repeals Art. XXXVI of Ch. 29 (Repealed by 2426)1523Amends §§ 16-45, 16-46 and 16-70, traffic (16)1524Amends §§ 22-1, 22-4(b), 22-5(a) and 22-8, garbage and recycling (22)1525Adds § 16-75.1, stopping, standing and parking (Repealed by 2684)1526Establishes major projects financing fee (Not enacted)1527Amends § 28-23, water system (28)1528Amends §§ 23-4 and 23-5, sewer system (23)1529Adds § 28-18.1; amends § 28-20, water system (28)1530Amends § 2-9, city council salaries (2)1531Amends § 16-70, stopping, standing and parking (16)1532Rezone (Special)1533Rezone (Special)1534Adds § 16-62.2, stopping, standing and parking (16)1535Amends § 16-46, stop intersections (16)1536Amends §§ 6-1, 6-4 and 6-5, Uniform Building Code (6)1537Amends §§ 9-1 and 9-4, electrical code (9)1538Amends §§ 15-1 and 15-4, mechanical code (15)1539Amends §§ 6-48 and 6-49, building security (6)1540Adds Art. VII (§ 6-57) to Ch. 6, Uniform Code for the Abatement of Dangerous Buildings (Repealed by 2426)1541Amends §§ 6-17 and 6-18, Uniform Housing Code (Repealed by 2426)1542Amends § 20-1, Uniform Plumbing Code (20)1543Adds § 22-9.1, recycling collection sites (22)1544Rezone (Special)1545Rezone (Special)1546Underground utility district No. 7 (Special)1547Adds §§ 8A-6 and 8A-7; amends §§ 8A-2 and 8A-3; repeals and replaces §§ 8A-4 and 8A-5; renumbers §§ 8A-6, 8A-8 and 8A-9 to 8A-8, 8A-10 and 8A-11, respectively; amends and renumbers 8A-7 to 8A-9, municipal elections (Repealed by 1624)1548Amends §§ 11-1—11-9, Uniform Fire Code; repeals § 11-10 (11)1549Adds Art. XII (§§ 10-95—10-99) to Ch. 10, major projects financing fee (10)1550Amends §§ 4-5.1, 4-6 and 4-8, animal control (4)1551Amends § 16-69, stopping, standing and parking (16)1552Rezone (Special)1553Rezone (Special)1554Development agreement (Special)1555Adds Art. II (§§ 16A-10—16A-28) to Ch. 16A, nuisances (16A)1556Amends Art. I (§§ 16A-1—16A-9) of Ch. 16A, nuisances (16A)1557Amends § 16-55, stopping, standing and parking (16)1558Rezone (Special)1559Amends § 16-46, special stop signs (16)1560Rezone (Special)1561Adds Art. VI to Ch. 11; repeals and replaces Art. V of Ch. 11, hazardous materials (Repealed by 1681)1562Amends § 16-47, yield intersections (16)1563Adds Art. XI to Ch. 10, informal bidding for public projects (10)1564Rezone (Special)1565Adds § 10-14.2, purchase of recycled products (10)1566Adds §§ 14-10—14-13; amends §§ 14-1—14-9, lost or abandoned property (14)1567Adds Art. V to Ch. 12A, housing (Repealed by 2418)1568Adds § 16-75.1, motor vehicles and traffic (Repealed by 1834)1569Amends § 16B-11(d), noise regulations (Repealed by 1700)15701990-1991 budget (Special)1571Rezone (Special)1572Amends § 16-46, motor vehicles and traffic (16)1573Amends §§ 18-5 and 18-31, peddlers, solicitors and transient vendors (Repealed by 1972)1574Adds §§ 28-16.1 and 28-16.2; amends §§ 28-16, 28-17, 28-18.1, 28-18.2 and 28-20, water (28)1575Amends §§ 16-99, 16-100, 16-105 and 16-107, motor vehicles and traffic (16)1576Rezone (Special)1577Amends § 16-45, motor vehicles and traffic (16)1578Adds § 28-16.1(f); amends § 28-20, water (28)1579Mello-Roos bonds (East Davis-Mace Ranch) (Special)1580Mello-Roos bonds (North Central Davis) (Special)1581Mello-Roos bonds (South Davis) (Special)1582Mello-Roos bonds (West Davis) (Special)1583Amends § 16-46, motor vehicles and traffic (16)1584Adds §§ 20-11 and 28-46, water conservation standards for new construction (28)1585Amends Art. 3 of Ch. 23, sewers and sewage disposal (23)1586Amends §§ 2-10 and 2-11, administration (2)1587Adds § 16-76.2, motor vehicles and traffic (Repealed by 1881)1588Amends § 16-45, motor vehicles and traffic (16)1589Amends § 29-85, zoning (29)1590Amends § 16-70, motor vehicles and traffic (16)1591Adds Art. XIV to Ch. 29, auto center zoning district (29)1592Amends § 16-59, motor vehicles and traffic (16)1593Rezone (Special)1594Development agreement (Special)1595Prezone (Special)1596Amends § 16-76.2, motor vehicles and traffic (Repealed by 1881)1597Adds § 16-62.2, motor vehicles and traffic (16)1598Rezone (Special)1599Rezone (Special)1600Amends §§ 23-4 and 23-5, sewers and sewage disposal (23)1601Amends § 28-23, water (28)1602Rezone (Special)1603Amends § 16-46, motor vehicles and traffic (16)1604Amends § 16-45, motor vehicles and traffic (16)1605Adds § 9-4.1; amends §§ 9-1, 9-4 and 9-6, electricity (9)1606Amends § 2-1, administration (2)16071991-1992 budget (Special)1608Adds § 17A-6.5, parks and recreation areas (17A)1609Prezone (Special)1610Amends §§ 28-16.1, 28-17 and 28-18.2, water (28)1611Mello-Roos bonds (Mace Ranch) (Special)1612Prohibits Gateway use permit (Special)1613Amends §§ 16-96, 16-97, 16-98, 16-100, 16-101 and 16-104, motor vehicles and traffic (16)1614Amends § 23-26, sewers and sewage disposal (23)1615Development agreement (Special)1616Adds § 13-20.1, licenses (13)1617Amends § 16-100, motor vehicles and traffic (16)1618Adds §§ 29-179.5 and 29-179.5.1—29-179.5.5, zoning (Repealed by 2369)1619Prohibits gateway use fees (Special)1620Rezone (Special)1621Amends § 16-70, motor vehicles and traffic (16)1622Amends § 16-19(e), motor vehicles and traffic (Repealed by 2629)1623Amends § 2-1, administration (2)1624Repeals and replaces Ch. 8A, elections (8A)1625Adds item to § 16-45, through streets designated (16)1626Deletes item from § 16-59, angle parking (16)1627Amends §§ 2-78, 29-12.2(e)(7), 29-33(a), 29-40(a), 29-47(a), 29-58(a), 29-65(a), 29-72(a), 29-72.7(a), (c)(1), (d), (f), (g) and (i), 29-85(e), 29-86.3(a), 29-86.5, 29-86.7(a), (b), (c) and (e), 29-86.8(b)(1), 29-93.1(c)(1), 29-93.2(c)(1), 29-93.11(f)(1), 29-98.5(b), 29-107(a), 29-114(b) and (d), 29-121(e), 29-128(b), 29-134(a), 29-145.4, 29-151.3(1), (14)(a) and (d), 29-164(a)(6)(F), (a)(13)(1), (a)(13)(4), (a)(13)(6), (a)(13)(7), (a)(15), (a)(20), (f)(4) and (g)(8), 29-169.1, 29-179.5.5(5), (6), (8) and (9), 29-180(b), 29-196(d), 29-262(a), 29-263, 29-264, 29-267, 29-268, 29-276(3) and (4); repeals Art. XXVIII of Ch. 29 and § 29-276(4)(b), zoning (29)1628Rezone (Special)1629Rezone (Special)1630Adds § 17A-8.1, skateboard safety gear (Repealed by 2684)1631Rezone (Special)1632Adds § 4-3(c); amends § 4-1, animals and fowl (4)1633Adds Art. IV to Ch. 23A, sale of tobacco (Repealed by 1682)1634Amends §§ 16-17, 16-17.3 and 16-17.9, safety advisory commission (16)1635Adds §§ 10-82.2 and 10-82.4; amend § 10-78, business improvement district (10)1636Adds § 10-20.18, credit for taxes due to redevelopment agency (10)1637Amends § 16-46, stop signs (16)1638Repeals and replaces Art. I of Ch. 12A, housing (12A)1639Rezone (Special)1640Amends §§ 23-4 and 23-5, sewer connections (23)1641Amends § 28-23, service connection charge (28)1642Transfer appropriation limits to redevelopment agency (Special)1643Amends § 2-9, compensation of council members (2)1644Adds § 28-16.3; amends §§ 28-14, 28-16.1, 28-17, 28-18.2, 28-20 and 28-28, water (28)1645Amends § 23-26, sewer charges (23)1646Final budget (Special)1647Amends § 23-26(a), sewer charges (23)1648Amends § 2-1, city council meetings (2)1649Amends § 16-46, stop signs (16)1650Rezone (Special)1651Adds §§ 12A-54(b)(1)(D), 12A-55(b)(4) and 12A-56, housing (Repealed by 2418)1652Adds Art. VI to Ch. 2, City Clerk (2)1653Study zone Olive Drive area (Special)1654Amendment to contract with California Public Employees Retirement System (Special)1655Adds Art. XV to Ch. 16, transportation systems management requirements (16)1656Adds Art. XIII to Ch. 10, special tax and assessment district lien disclosure (10)1657Amends § 16-45, through streets (16)1658Amends final budget (Special)1659Amends §§ 6-1, 6-4(4), 6-4(9) and 6-5; repeals § 6-4(5), buildings (6)1660Adds § 20-4(d), (e) and (f); amends §§ 20-1 and 20-4(c), plumbing (20)1661Amends §§ 15-1 and 15-4(3); repeals § 15-4(4), mechanical code (15)1662Amends §§ 11-1, 11-2, first paragraph of 11-3, 11-3(a)(1), (a)(2), (a)(3), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (e)(1), (e)(2) and (g)(1); repeals §§ 11-3(d)(6), (7) and (8), 11-3(f), 11-3(h) and 11-7, fire protection (11)1663Amends §§ 6-48(a), (b), (f) and (k)(3), building security (6)1664Adds § 16-67.1, reduction of no parking restrictions at fire hydrants (16)1665Amends §§ 2-77 and 2-78, conflict of interest code (2)1666Adds Art. VI to Ch. 5 (§§ 5-40—5-44), bicycle traffic control signals; adds § 16-37(d), traffic-control devices (5, 16)1667Amends § 16-46, stop signs (16)1668Adds Art. VI to Ch. 24, picketing of private residences (24)1669Amends §§ 17-16 and 17-21, weapons (17)1670Amends § 16-70, no parking zones (16)1671Amends § 16-46, stop signs (16)1672Amends § 16-45, through streets (16)1673Amends § 16-70, prohibited parking (16)1674Amends § 16-46, stop signs (16)1675Repeals and replaces Art. VII of Ch. 2, planning commissions (Repealed by 1805)1676Amends § 16-19, speed limits (Repealed by 2629)1677Amends §§ 10-78 and 10-79, business improvement district (10)1678Amends § 16-46, stop intersections (16)1679Amends § 16-70, parking prohibited (16)1680Amends § 2-4, city council (2)1681Repeals Arts. V and VI of Ch. 11 (Repealer)1682Repeals and replaces Arts. I—III of Ch. 23A, smoking control (23A)1683Amends § 16-70, parking prohibited (16)1684Amends § 16-70, parking prohibited (16)1685Prezone (Special)1686Prezone (Special)1687Adds §§ 10-76(c) and 10-79(c) and amends §§ 10-75(c), 10-76 and 10-77, business improvement district (10)1688Amends §§ 23A-3(i) and (j), smoking control (23A)1689Amends § 16-70, parking prohibited (16)1690Amends § 16-75.1, stopping, standing, parking prohibitions (Repealed by 2684)1691Amends § 16-70, parking prohibited (16)1692Adds § 5-23, skateboards (5)1693Adds § 17A-66, skateboarding (17A)1694Adds Art. XXVIII to Ch. 29, design review process (29)1695Adds Art. VI to Ch. 23, discharge of hauled liquid waste (23)1696Amends § 16-70, parking prohibited (16)1697Amends § 16-72, stopping, standing, parking prohibited (16)1698Adds § 16-62.7, enforcement of certain parking restrictions (16)1699Rezone (Special)1700Repeals and replaces Ch. 16B, noise (16B)1701Amends § 16-69, two-hour parking zone (16)1702Amends § 23-26, sewer charges (23)1703Adds §§ 28-16.3 and 28-17(f) and amends §§ 28-14, 28-16.1, 28-18.2, 28-20 and 28-28, water charges (28)1704Amends §§ 23-4 and 23-5, sewer permits and connection fees (23)1705Amends § 28-23, water connection fees (28)1706Adds Ch. 16C, graffiti control (16C)17071993-1994 Final budget (Special)1708Amends § 16-45, through streets (16)1709Amends § 16-19(c), speed limits (Repealed by 2629)1710Amends §§ 16-45 and 16-46, through streets and stop intersections (16)1711Adds Art. XIX to Ch. 2, city treasurer (2)1712Amends §§ 16-19(b) and (c), speed limits (Repealed by 2629)1713Amends § 16-70, parking prohibited (16)1714Amends § 16-46, stop signs (16)1715Amends § 16-70, parking prohibited (16)1716Amends § 16-70, parking prohibited (16)1717Rezone (Special)1718Amends § 29-1 and repeals § 29-200, zoning (29)1719Adds § 29-7 and amends § 29-30(e), zoning (29)1720Amends § 16-70, stopping, standing and parking (16)1721Amends § 2-9.1, city council (2)1722Adds § 16.52.1, stopping, standing and parking (Repealed by 2288)1723Amends §§ 2-32 and 2-33; repeals § 2-34, recreation and park commission (2)1724Amends § 16-70, stopping, standing and parking (16)1725Amends Ch. 9A, farmers market (9A)1726Amends § 5-26(a), bicycles (5)1727Amends §§ 16-45, 16-46 and 16-70, stopping, standing and parking (16)1728Amends §§ 12A-50—12A-55, affordable housing (Repealed by 2418)1729Amends § 16-46, stopping, standing and parking (16)1730Adds § 17A-6.6, parks and recreation areas (Repealed by 2684)1731Amends § 5-26, bicycles and § 16-1, motor vehicles and traffic (5, 16)1732Amends § 16-73, 16-74 and 16-76, stopping, standing and parking (22)1733Void1734Amends § 16-46, special stops (16)1735Adds §§ 29-193.2, 29-116(i) and 29-123(e), zoning (29)1736Adds § 16-46, stopping, standing and parking (16)1737Adds §§ 29-44(g), 29-53(e), 29-55(h), 29-60(e), 29-62(f), 29-69(d), 29-72.4(e), 29-93.7(g), 29-180.2 and 29-180.3 and amends §§ 29-1, 29-53(b), 29-60(c), 29-67(a) and (c), 29-72.2(h), 29-93.5(b) and 29-180.1, zoning (29)1738Amends §§ 28-40—28-46, cross-connection control (28)1739Adds §§ 29-83(h), 29-91(f), 29-93.7(g), 29-96(n), 29-111(e), 29-118(d), 29-125(x) and 29-193.2 and amends §§ 29-1 and 29-104(b)(2), zoning (29)1740Amends §§ 16-19(b), (c) and (d), operation of vehicles (Repealed by 2629)1741Amends §§ 16-69, 16-70 and 16-73, stopping, standing and parking (16)1742Public employees contract (Special)1743Amends §§ 23-4 and 23-5, sewer connections (23)1744Amends § 28-23, water rates and charges (28)1745Rezone (Special)1746Amends Art. V of Ch. 7A, domestic partnerships (7A)1747Rezone (Special)1748Development agreement (Special)1749Amends Division 2 of Art. II of Ch.6, resale of property (Repealed by 2408)1750Prezone (Special)1751Adds § 17-23, miscellaneous offenses (17)1752Amends § 25-58(d), subdivisions (25)1753Amends § 16-46, stopping, standing and parking (16)1754Amends § 16-70, stopping, standing and parking (16)1755Prezone (Special)1756Development agreement (Special)1757Rezone (Special)1758Development agreement (Special)1759Amends § 2-9(b), City Council (2)1760Prezone (Special)1761Rezone (Special)1762Adds § 16-76.3 and amends §§ 16-68.1, 16-68.2, 16-70, 16-76.1 stopping, standing and parking (16)17631994-1995 budget (Special)1764Adds § 28-16.3 and amends §§ 28-14, 28-16, 28-17, 28-18, 28-20 and 28-28, water rates and charges (28)1765Adds Art. III to Ch. 22, adequate areas for collecting recyclable materials (22)1766Amends §§ 23-7.2(2), (12), (24), (25), (28), (49) and 23-8(b)(1), 23-9.2, 23-10.8, 23-10.16, 23-10.17(b), 23-10.18(b) and 23-11(a), discharge requirements (23)1767Rezone (Special)1768Adds Art. XXXIX to Ch. 29, administrative approvals and § 29-200.1, amends § 29-145.4, 29-262, 29-263, 29-264, 29-267, 29-227, 29-228 and 29-229 and repeals §§ 29-32(e)(3), 29-162, 29-163(i) and 29-199(d), zoning (29)1769Amends Ch. 16A, nuisance abatement (16A)1770Amends §§ 16-19(a) and (b), operation of vehicles (Repealed by 2629)1771Amends § 16-70, stopping, standing and parking (16)1772Prezone (Special)1773Development agreement (Special)1774Rezone (Special)1775Rezone (Special)1776Amends § 16-19(b) and (c), operation of vehicles (Repealed by 2629)1777Prezone (Special)1778Amends § 16-46, special stops (16)1779Amends § 16-68.1, stopping, standing and parking (16)1780Rezone (Special)1781Amends § 16-59, stopping, standing and parking (16)1782Limitation to Davis redevelopment project (Special)1783Amends §§ 29-1, 29-158(b) and 29-160(c), standards pertaining to the location of commercial residential off-street parking (40)1784Amends §§ 29-145.5—29-145.22, historical resources management (40)1785Amends § 16-19(b) and (d), speed limits (Repealed by 2629)1786Amends §§ 29-1, 29-30, 29-31, 29-37, 29-38, 29-40.5, 29-40.7, 29-44, 29-45, 29-51, 29-55, 29-56, 29-62, 29-69 and 29-72.4, zoning (29)1787Adds §§ 29-28(d), 29-30(g), 29-35(e), 29-37(g), 29-40.3(e), 29-40.5(e), 29-42(c), 29-44(h), 29-49(e), 29-51(e), 29-53(f), 29-55(i), 29-60(f), 29-62(g), 29-67(d), 29-69(e), 29-72.2(m), 29-72.4(f), 29-89(k), 29-91(g), 29-93.5(i), 29-93.7(i), 29-159(j.5) and 29-175.5; amends § 29-1, group care homes (40)1788Adds §§ 29-82(d), 29-90(c), 29-91(f) and 29-167.5; amends §§ 29-1 and 29-83(g), zoning (40)1789Amends § 7A-11.70(a), family care leave policies for domestic partners (10)1790Rezone (Special)1791Development agreement (Special)1792Adds § 16-73(A) and (B), timed parking zones (22)1793Adds § 29-193.3 and amends § 29-111(e), drive-through facilities (40)1794Amends §§ 23-4 and 23-5, sewer fees (33)1795Amends § 28-23, water connection fees (39)1796Adds §§ 16-68.1(1)—(5) and 16-101.1, preferential parking district permits (22)1797Amends §§ 16-2 and 16-62.1, penalties (22)1798Adds § 28-16.3 and amends §§ 28-14, 28-16, 28-18, 28-20, 28-27 and 28-28, water charges (39)1799Amends § 23-26, schedule of charges (33)18001995-1996 budget (Special)1801Adds §§ 12A-54(e) and 12A-55(d), transfer of affordable housing credits (Repealed by 2418)1802Amends §§ 29-1, 29-30(e), 29-163 and 29-199, accessory structures (40)1803Rezone (Special)1804Amends § 16-46, stop intersections (22)1805Repeals and replaces Art. VII, planning commission (2)1806Community facilities district (Special)1807Rezone (Special)1808Rezone (Special)1809Development agreement (Special)1810Rezone (Special)1811Adds § 29-200.1(b)8, deviations from final planned development maps (40)1812Adds Art. V to Ch. 28, groundwater wells (39)1813Amends § 16-90.1, disabled persons loading and unloading zones (22)1814Rezone (Special)1815Rezone (Special)1816Rezone (Special)1817Amends § 29-32(e)(2) and (f)(3), front and street side yard setbacks (40)1818Rezone (Special)1819Prezone (Special)1820Adds Ch. 6A, cardrooms (8A)1821Adds § 29-167.5 and amends §§ 29-1, 29-91, 29-159 and 29-186, cardrooms (40)1822Zoning (Special)1823Adds Ch. 30, farm and farmland preservation (40A)1824Planned development (Special)1825Amends §§ 6-1, 6-4 and 6-5, Uniform Building Code (8)1826Amends §§ 15-1 and 15-4, Uniform Mechanical Code (21)1827Amends §§ 20-1 and 20-4; repeals § 20-11, Uniform Plumbing Code (30)1828Amends §§ 11-1—11-6; repeals §§ 11-7—11-9 and 11-28, Uniform Fire Code (16)1829Amends §§ 9-1, 9-4 and 9-4.1, electrical codes (13)1830Amends § 29-190(c)(2) and repeals § 29-190(c)(3), swimming pools and spas (40)1831Amends § 10-55 and repeals §§ 10-62 and 10-63, construction tax (15)1832Development agreement (Special)1833Rezone (Special)1834Adds § 16-62.4; repeals and replaces § 16-75.2, prohibited parking (22)1835Adds Art. XX to Ch. 2, restrictions on lobbying by former city officials (2)1836Amends Art. X of Ch. 10; repeals § 10-79(b), marketplace benefit zone (15)1837Amends § 16-19(b), (c) and (f), prima facie speed limits (Repealed by 2629)1838Amends § 3A-10, false alarms (4)1839Amends § 10-92(b), major projects financing fees (15)1840Amends §§ 23-4 and 23-5, sewer fees (33)1841Amends § 28-23(c) and (d), water connection fees (39)1842Zoning (Special)1843Amends § 16-69, parking timed zones (22)1844Amends § 29-85(b), liquor stores (40)1845Adds Art. XXVII-A to Ch. 29 and amends §§ 29-169 and 29-191, temporary uses (40)1846Amends § 10-14, purchasing procedures (15)1847Adds § 29-237.3 and amends §§ 29-144, 29-229 and 29-266, time limits for planning approvals (40)1848Contract with California Public Employees' Retirement (Special)1849Repeals and replaces §§ 16-96 and 16-98(a), preferential parking permits (22)1850Adds § 16-67(a)(4)(a), curb markings (22)1851Amends § 28-16.3, water charges (39)1852Zoning (Special)1853Development agreement (Special)1854Amends §§ 16B-2—16B-4, 16B-6—16B-10, 16B-13, 16B-16—16B-21; repeals §§ 16B-11, 16B-12 and Arts. VII and VIII of Ch. 16B, noise ordinance (24)1855Amends §§ 16-69 and 16-70, curb markings (22)18561996-1997 budget (Special)1857Amends §§ 23-5 and 23-26, sewer charges (33)1858Amends § 16B-20, noise ordinance (24)1859Amends §§ 25-8(a)(1) and (2), 25-9, 25-12(c), 25-19(b) and (c), 25-40(b) and (c), 29-44, 25-58(j)(1) and 25-58(j)(2), 25-70(g)(2) and (3), 25-73, 29-142, 29-145, 29-145.4, 29-145.4.7, 29-223, 29-227, 29-228(a), 29-262—29-264 and 29-289; repeals § 25-292, approval authority for land-use applications (36, 40)1860Zoning (Special)1861Rezone (Special)1862Rezone (Special)1863Amends Art. II of Ch. 3, freeway signs (3)1864Planned development (Special)1865Amends §§ 2.1 and 2.5, city council meetings (2)1866Amends § 16-45, through street designation (22)1867Preliminary planned development (Special)1868Adds § 16-70(a), parking prohibited at all times (22)1869Adds § 16-46(a), stop intersection designation (22)1870Amends § 16-59, curb markings (22)1871Repeals and replaces § 16-70(a), parking prohibited at all times (22)1872Amends § 16-19(c) and (d), prima facie speed limits (Repealed by 2629)1873Adds § 16-37(e), traffic-control devices (22)1874Amends § 16-70(a) and (b), parking prohibited at all times (22)1875Amends § 16-70(a), parking prohibited at all times (22)1876Planned development (Special)1877Amends Ch. 17A, parks and open space areas (27)1878Rezone (Special)1879Suspends collection of certain business license taxes and amends §§ 13-1, 13-9, 13-30 and 13-31(b) and (c), business licenses (19)1880Amends § 16-76.4, stopping, standing and parking prohibited (22)1881Amends § 16-76.2, stopping, standing and parking prohibited (22)1882Amends § 16-46, stop intersection designation (22)1883Amends § 16-69.5, parking time zones (22)1884Rezone (Special)1885Preliminary planned development (Special)1886Development agreement (Special)1887Adds Art. 2 to Ch. 17, loitering near schools; and renumbers §§ 17-1—17-23 to be Art. 1 (26)1888Amends § 16-72, stopping, standing and parking prohibitions (22)1889Urgency zoning ordinance (Special)1890Amends §§ 29-145.15, 29-237.2, 29-267 and 29-275, appeals (40)1891Preliminary planned development (Special)1892Planned development (Special)1893Rezone (Special)1894Renames Art. XXV of Ch. 29 and amends §§ 29-201—29-206 and 29-209—29-211, non-conforming uses and structures (40)1895Urgency zoning ordinance (Expired)1896Urgency zoning ordinance (Expired)1897Adds § 16-60.1 [22.04.120], truck parking permitted (22.04)1898Amends §§ 29-93.7.5(d) [40.15.030] and 29-93.7(a) [40.15.050], zoning (40.15)1899Amends § 16-31 [22.04.120], truck routes designated (22.04)1900Urgency zoning ordinance (Expired)1901Amends § 23-26 [33.04.050], sewer charges (33.04)1902Adds § 16-90.2 [22.11.037], parking (22.11)1903Amends §§ 29-111(e) [40.18.040] and 29-193.4 [40.26.430], zoning (40.18, 40.26)1904Amends § 16-70 [22.08.310], parking (22.08)1905Approves and adopts 1996/97 budget (Special)1906Adds Art. 40.29 and amends §§40.26.070 and 40.26.360, zoning (40.26)1907Amends §§ 23-7.2 [33.03.030], 23-7.3 [33.03.040] and 23-8.3 [33.03.080], sewers (33.03)1908Adds park preservation tax (Failed)1909Urgency zoning ordinance (Special)1910Urgency zoning ordinance (Special)1911Amends § 16-70 [22.08.310], parking (22.08)1912Amends § 16-70 [22.08.310], parking (22.08)1913Adds Art. XXXX to Ch. 29, zoning (40.40)1914Amends § 16-69 [22.08.280], stopping, standing and parking (22.08)1915Amends § 16-46 [22.07.030], special stops (22.07)1916Rezone (Special)1917Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1918Amends § 16-46 [22.07.030], special stops (22.07)1919Amends § 16-46 [22.07.030], special stops (22.07)1920Amends § 16-74 [22.08.350], stopping, standing and parking (Repealed by 2591)1921Amends § 10-76 [15.10.040], business improvement district (15.10)1922Extends moratorium on issuance of permits for garage conversions in single-family, duplex and halfplex dwellings (Repealed by 1940)1923Adds §§ 29-149.1 [40.24.050] and 29-149.2 [40.24.060], amends §§ 29-146 [40.24.010], 29-150 [40.24.070], 29-164(a)(17) and (g) (2) and (3) [40.26.020(a)(17), (g)(2) and (3)], 29-185(a)(1) [40.26.300(a)(1)], 29-222 [40.30.020], 29-228(b) [40.30.080(b) and 29-255 [40.32.090] and repeals Arts. XXVI and XXIX of Ch. 29, and §§ 29-164(a)(7) [40.26.030(a)(7)], 29-246, 29-247 and 29-265, zoning (40.24, 40.26, 40.30, 40.32)1924Adds Art. IV to Ch. 16A and amends Art. V and §§ 16A-30(b)(10) and (23), 16A-70, 16A-80, 16A-100, 16A-120—16A-150, 16A-360, 16A-380—16A-400 and 16A-440 and repeals §§ 16A-160—16A-230, nuisance abatement (23.01, 23.02, 23.03, 23.04, 23.05, 23.06)1925Amends § 28-23 [39.03.120], water rates and charges (39.03)1926Adds § 8A-5.5 [12.01.055] and amends §§ 8A-2(f) and (r) [12.01.020], 8A-3.5 [12.01.035], 8A-5(a) [12.01.050], 8A-6 [12.01.060] and 8A-8 [12.01.080], elections (12.01)1927Adds Art XIV. to Ch. 10 [15.14], park maintenance tax (15.14)1928Designates certain property as a historical resource (Special)1929Designates certain property as an outstanding historical resource (Special)1930Designates certain property as an outstanding historical resource (Special)1931Amends § 8A-8 [12.01.080], elections (12.01)1932Adds Art. VI to Ch. 28, groundwater extraction and exportation (39.06)1933Amends § 16-19 [22.04.010], operation of motor vehicles (22.04)1934Amends § 16-46 [22.07.030], special stops (22.07)1935Rezone (Special)1936Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1937Amends § 9(C)(4) of Ord. 1504, preliminary planned development No. 4-88 (Special)1938Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1939Adds §§ 29-174.5 [40.26.132] and 29-186.5 [40.26.312] and amends § 29-1 [40.01.010], zoning (40.26)1940Adds §§ 29-157 (e) and (f) [40.25.070(e) and (f)], 29-159(f)(5) [40.25.090(f)(5)], 29-161.5 [40.25.115] and 29-233(q) 40.31.040(q)], amends §§ 29-1 [40.01.010], 29-157(d) [40.25.070(d)], 29-158 [40.25.080], 29-159(f) [40.25.090(f)], 29-160(c) [40.25.100(c)], 29-163(f)(2) [40.26.010(f)(2)], 29-209(b) [40.28.100(b)] and 29-233 [40.31.040] and repeals § 29-151.1 [40.24.090] and Ord. 1922, zoning (40.25, 40.26, 40.28, 40.31)1941Establishes underground utility district No. 8 (Special)1942Amends § 16-69 [22.08.280], stopping, standing and parking (22.08)1943Amends §§ 19-2 [29.01.020], 19-3 [29.01.030], 19-5 [29.01.050], 19-6 [29.01.060], 19-7 [29.01.080], 19-15 [29.01.150] and 19-16 [29.01.160]; repeals §§  19-8—19-14 [29.01.080—29.01.140] personnel (29.01)1944Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1945Urgency interim zoning ordinance (Expired)1946Amends §§ 28-1, 28-16, 28-17, 28-18 and 28-20 [39.01.010, 39.03.010—39.03.045, 3903.050—39.03.080], water (39.01, 39.03)1947Amends § 16-46 [22.07.030], special stops (22.07)1948Adds §§ 29-164(a)(21) and (22) [40.26.020(a)(20) and (21)] and amends §§ 24-4 [35.01.04] and 29-164(a)(18) [40.26.020(a)(17)] and 29-164(f) [40.26.020(f)], zoning (35.01, 40.26)1949Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1950Adds Art. XV to Ch. 10, school mitigation fee (15.15)1951Approves and adopts 1998-99 budget (Special)1952Amends § 16-45 [22.07.020], special stops (22.07)1953Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1954Designates certain property as a historical resource (Special)1955Amends Ch. 16B, noise regulations (24.01, 24.02, 24.03, 24.04, 24.05, 24.06)1956(Rezone)1957Amends §§ 9(E), (F), (G), (H), (J) and (K) of Ord. 1504, preliminary planned development No. 4-88 (Special)1958Rezone (Special)1959Rezone (Special)1960Adds § 16-62.1(d) [22.08.140(d)], stopping, standing and parking (22.08)1961Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1962Amends § 16-46 [22.07.030], special stops (22.07)1963Amends § 16-46 [22.07.030], special stops (22.07)1964Amends § 16-46 [22.07.030], special stops (22.07)1965Amends § 29-164(e)(3) [40.26.020(e)(3)], zoning (40.26)1966Adds Art. VIII to Ch. 6 [8.17], outdoor lighting control (8.17)1967Amends § 16-19 [22.04.010], operation of vehicles (Repealed by 2629)1968Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1969Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1970Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1971Rezone (Special)1972Repeals Art. I [28.01] and Art. II [28.02] of Ch. 18 [28]; amends [adds] Art. I [28.01], peddlers, solicitors and transient vendors (28.01)1973Rezone (Special)1974Rezone (Special)1975Amends §§ 40.01.010, 40.26.010, 40.27.060, 40.27.080, 40.31.070, 40.31.090 and 40.39.030—40.39.050, accessory buildings/structures (40.01, 40.26, 40.27, 40.31, 40.39)1976Amends Ch. 12A-2(h) [§ 18.01.020] and Ch. 12A-6(b) [§ 18.01.060], housing in general (18.01)1977Urgency interim zoning ordinance (Special)1978Amends Ord. 821, preliminary planned development No. 16-75 (Special)1979Urgency interim zoning ordinance (Special)1980Amends Ord. 1504, preliminary planned development No. 4-88 (Special)1981Amends contract with California Public Employees' Retirement System (Special)1982Amends contract with California Public Employees' Retirement System (Special)1983Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)1984Amends § 5-39 [6.03.040], bicycle paths and lanes (6.03)1985Amends § 16-105 [22.12.120], preferential parking (22.12)1986Adds Art. XV to Ch. 10 [§§ 15.16.010—15.16.060], low income refund program for the park maintenance tax (15.16)1987Amends Ch. 23 [§ 33.04.050], charges for use of sewers (33.04)1988Amends Ord. 1808, preliminary planned development No. 5-94B (Special)1989Amends Ord. 1935, preliminary planned development No. 2-97 (Special)1990Amends contract with California Public Employees' Retirement System (Special)1991Amends contract with California Public Employees' Retirement System (Special)1992Amends Chs. 6, 9, 11, 15 and 20 [8.01], buildings in general (Superceded by 2096)1993Adopts final budget for 1999-2000 (Special)1994Amends § 2.01.110(b), City Council salaries (2.01)1995Adds Art. 40.29, wireless telecommunication facilities (Repealed by 2392)1996Amends development agreement with Wildhorse Group, LLC (Special)1997Amends Ord. 1842, as amended by Ords. 1867 and 1891, planned development No. 5-95 (Special)1998Rezone (Special)1999Amends § 16-46 [22.07.030], special stops (22.07)2000Amends §§ 29-1, 29-89 and 29-91 [40.01.010, 40.14.030 and 40.14.050], central commercial (C-C) district (Repealed by 2637)2001Amends § 16-46 [22.07.030], special stops (22.07)2002Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)2003Designates Davis Subway, also known as Richards Underpass, as outstanding historical resource (Special)2004Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)2005Amends § 16-19 [22.04.010], operation of vehicles (Repealed by 2629)2006Amends § 16-19 [22.04.010], operation of vehicles (Repealed by 2629)2007Amends § 16-19 [22.04.010], operation of vehicles (Repealed by 2629)2008Adds Art. 40.41, citizen's right to vote on future use of open space and agricultural lands (40.41)2009Amends § 29-163(e) [40.26.010], accessory buildings/structures (40.26)2010Amends § 16-70 [22.08.310], stopping, standing and parking (22.08)2011Amends § 16-46 [22.07.030], special stops (22.07)2012Adopts revised Davis Municipal Code [amends Art. 1.01] (1.01)2013Amends Ord. 1405, planned development No. 4-88 (Special)2014Amends certain limitations with respect to redevelopment plan for Davis redevelopment project (Special)2015Urgency interim zoning ordinance extending moratorium on issuance of permits or granting entitlement applications or construction or establishment of new fast food restaurants (Special)2016Adds Art. 34.05, sale of tobacco; self-service sales prohibited (34.05)2017Amends §§ 24.02.020 and 24.02.040, noise limits, special provisions for powered blowers (24.02)2018Authorizes levying of special taxes within City of Davis community facilities district No. 1999-2 (Special)2019Adds Art. 15.16 [15.18], Davis visitor attraction district (15.18)2020Amends §§ 36.04.030(j), 36.04.070(d)(4), Ch. 37, and §§ 40.22.060(a)(11), 40.22.090(a)(10), 40.31.060, 40.32.040, 40.33.040 and 40.34.030, tree preservation (36.04, 40.22, 40.31, 40.32, 40.33, 40.34)2021Amends §§ 35.01.020 and 35.01.030, streets and sidewalks in general (35.01)2022Amends §§ 40.17.010, 40.17.020, 40.17.040, 40.17.060 and 40.17.070, commercial service (C-S) district; §§ 40.18.010, 40.18.020, 40.18.040 and 40.18.070, commercial highway (C-H) district; § 40.25.090, parking and loading areas, public garages and parking lots; § 40.26.020, special uses; amends planned developments Nos. 3-93, 3-84, 2-95, 7-95, and 12-87 (40.17, 40.18, 40.25, 40.26)2023Rezone (Special)2024Amends Ord. No. 1512, planned development No. 12-87 (Special)2025Amends Ord. No. 1504, planned development No. 4-88 (Special)2026Amends § 40.01.010, zoning definition, and adds § 40.12.080m, food store/supermarket/neighborhood grocery store characteristics (40.01, 40.12)2027Amends § 33.04.050, schedule of sewer charges (33.04)2028Urgency ordinance prohibiting disking, tilling or grading of property (Special)2029Amends contract with California Public Employees' Retirement System (Special)2030Adopts final budget for 2000-2001 (Special)2031Urgency interim zoning ordinance (Expired)2032Urgency ordinance prohibiting use of poisonous substances to destroy, exterminate or eradicate ground squirrels (Expired)2033Adds Art. 15.16 [15.17], open space protection tax (15.17)2034Amends §§ 40.01.010, 40.03.040(e) and (f), 40.04.040(l) and (m), 40.26.010 and 40.27.060, accessory structures, second units, guest houses, and architectural protections (40.01, 40.03, 40.04, 40.26, 40.27)2035Urgency interim zoning ordinance (Expired)2036Amends § 22.08.240 [22.08.310], stopping, standing and parking (22.08)2037Amends § 24.02.040, noise regulations, special provisions, power tools (24.02)2038Amends § 7A-11.50(d) [10.05.050], fee for registration of domestic partnerships (Repealed by 2634)2039Amends contract with California Public Employees' Retirement System (Special)2040Rezone (Special)2041Rezone (Special)2042Interim ordinance prohibiting disking tilling or grading (Expired)2043Urgency interim zoning ordinance (Expired)2044Amends § 22.04.010, speed limits on Anderson Road (Repealed by 2629)2045Amends § 40.01.010, repealing definition of excess right-of-way (40.01)2046Amends § 40.16.080, signage, and § 40.26.020, outdoor advertising, billboards and signs (40.16, 40.26)2047Amends § 22.04.010, speed limits (Repealed by 2629)2048Amends Chapter 15, park preservation tax (15.14)2049Repeals §§ 2.12.010—2.12.090; adds §§ 2.12.010—2.12.030, model conflict of interest code (2.12)2050Adds § 40.26.440 and amends § 40.01.010, open air vending machines (40.01, 40.26)2051Amends § 22.04.010, speed limits (Repealed by 2629)2052Amends §§ 2-32 and 2-33 [2.08.020 and 2.08.030], composition of Recreation and Park Commission (Repealed by 2267)2053Amends contract with California Public Employees' Retirement System (Special)2054Amends Art. 32.01, management of garbage, other wastes, recyclables, and fees therefore (32.01)2055Amends § 33.04.050, schedule of sewer charges (33.04)2056Adds Art. 33.07, storm sewer/quality (Repealed by 2622)2057Urgency interim zoning ordinance (Expired)2058Adds § 14.01.070, free speech area within Farmers Market (14.01)2059Amends § 22.04.010, decrease of prima facie speed limits (Repealed by 2629)2060Adds § 6.02.070, bicycles prohibited at Davis skateboard park (6.02)2061Adopts final budget for fiscal year 2001-2002 (Special)2062Interim ordinance prohibiting disking, tilling or grading (Expired)2063Urgency interim zoning ordinance (Expired)2064Adds Chapter 8B, cable and open video systems (8B)2065Amends § 1.01.200, procedure for damage claims (1.01)2066Adds § 40.05.100, special conditions, C-R1 zoning district, Art. 40.13A, downtown and traditional residential neighborhood overlay district and § 40.31.040(r); amends §§ 40.04.070, special conditions, R-2 zoning district, residential one and two family districts and 40.15.020, applicability of core area design in combining district, M-U zoning district, mixed use (40.04, 40.15, 40.31)2067Adds § 40.31.085, findings for approval for site plan and architectural approval (40.31)2068Urgency interim zoning ordinance (Expired)2069Urgency interim zoning ordinance (Expired)2070Amends Ord. No. 1504, Planned Development No. 4-88 (Special)2071Rezone (Special)2072Amends §§ 40.01.010, definition of manufactured home and 40.26.380, mobile homes and manufactured homes (40.01, 40.26)2073Amends § 13.01.050 [8.01.040], amendments, deletions and additions to the National Electric Code (8.01)2074Amends Art. 15.14, park maintenance tax (15.14)2075Amends § 22.04.010, decrease of prima facie speed limits (Repealed by 2629)2076Urgency interim zoning ordinance (Expired)2077Amends § 12.01.050, additional disclosure deadline and reporting requirement before an election (12.01)2078Amends Gateway/Olive Drive specific plan (Special)2079Amends § 22.07.030, stop intersections designated (22.07)2080Amends § 2.01.010, Council meetings—regular and adjourned (2.01)2081Amends Art. 15.16, low income refund program for city special taxes (15.16)2082Amends § 33.04.050, schedule of sewer charges (33.04)2083Amends § 33.07.050, schedule of storm sewer charges (Repealed by 2622)2084Adds Art. 26.04, open containers (26.04)2085Adopts final budget for 2002-2003 (Special)2086Amends § 6.02.070, bicycles restricted at the Davis Skateboard Park (6.02)2087Adds Art. 22.16 and § 22.08.305, electric vehicles (22.08, 22.16)2088Rezone (Special)2089Amends § 22.08.020, enforcement of parking regulations and prosecution of violations of parking regulations (Repealed by 2288)2090Rezone (Special)2091Adds Art. 8.18, prohibiting disking, tilling or grading (8.18)2092Urgency ordinance amending § 22.08.310, parking prohibited at all times (22.08)2093Amends § 22.08.310, parking prohibited at all times (22.08)2094Rezone (Special)2095Amends § 22.08.020, enforcement and prosecution (stopping, standing and parking) (Not codified)2096Repeals Chapters 13, 16, 21 and 30 and amends Art. 8.01, buildings in general (8.01)2097Amends Art. 2.07, planning commission, duties and appointments of its members (2.07)2098Amends §§ 39.01.010, water in general; 39.03.030, schedule of base rate water charges; 39.03.040, schedule of water meter retrofit charges; 39.03.045, schedule of metered water rate charges; 39.03.050, schedule of water charges for condominium accounts; and 39.03.060, water meters—when required generally (39.01, 39.03)2099Amends §§ 36.04.030(j), 36.04.070(d)(4), 40.22.060(a)(11), 40.22.090(a)(10), 40.31.060, 40.32.040, 40.33.040, 40.34.030 and Ch. 37, tree planting, preservation and protection (36.04, 37.01—37.07, 40.22, 40.31—40.34)2100Urgency ordinance for temporary use for mobile wireless communications facility (Replaced by Ord. No. 2102)2101Amends §§ 8.04.100, 8.04.110, 8.04.270, 8.04.280 and 8.04.300, flood prevention definitions; 8.05.020, basis for establishing the areas of special flood hazard; and 8.06.030, duties and responsibilities of floodplain administrator (8.04—8.06)2102Provides for temporary use for mobile wireless communications facility at drainage pump station at Northstar Ponds adjacent to F Street (Special)2103Amends §§ 39.01.010, water definitions; 39.03.030, schedule of base rate charges; 39.03.040, schedule of meter retrofit charges; and 39.03.045; repeals § 39.03.050, schedule of metered rate charges (39.01, 39.03)2104Amends § 22.08.295, two-hour parking between 7 a.m. and 4 p.m. Monday through Friday, except Saturdays, Sundays and holidays (22.08)2105Amends § 22.08.310, parking prohibited at all times (22.08)2106Amends § 22.08.310, parking prohibited at all times (22.08)2107Amends §§ 2.08.030, 2.16.010, 2.16.015, 37.01.030 and 40.23.040, terms of members of boards and commissions (2.08, 2.16, 37.01, 40.23)2108Rezone (Special)2109Urgency interim zoning ordinance (Expired)2110Amends §§ 40.03.060, 40.04.060, 40.06.060, 40.25.090, 40.27.080, and 40.28.110 and 40.31.040, pertaining to R-1, R-2, R-R and all residential planned development zones of a similar nature (40.03, 40.04, 40.06, 40.25, 40.27, 40.28, 40.31)2111Amends Ord. Nos. 1454, 1782 and 2014, approving and adopting amendment to redevelopment plan for the Davis redevelopment project (Special)2112Rezones 726 Drummond Avenue (formerly Palms Playhouse site) and Willow Creek Commons (Special)2113Amends Chapter 40 to delete the term quasi-public and replace it with the term semipublic (40.02, 40.04, 40.07—40.12, 40.15—40.20, 40.22, 40.27)2114Rezone (Special)2115Rezone (Special)2116Amends §§ 36.07.030, 36.07.040 and 36.08.040, authorizing vesting tentative maps for non-residential subdivisions and changing the parkland dedication table to reflect 2000 census numbers (36.07, 36.08)2117Amends §§ 40.26.240(8), 40.30.110(a) and 40.39.050, deadlines for filing of certain zoning and planning appeals decisions (40.30, 40.39)2118Amends §§ 40.05.090, 40.11.070, 40.12.070, 40.15.090, 40.16.060 and 40.25.090, parking spaces (40.11, 40.12, 40.25)2119Deletes §§ 40.03.030(a), 40.03.040(f), 40.04.030(a), 40.05.040(b) and 40.07.030(a), commercial residential uses (40.03, 40.04, 40.07)2120Amends § 22.08.245, 45-minute parking between 7 a.m. and 4 p.m., Monday through Friday, except Saturdays, Sundays and holidays (22.08)2120Extends urgency interim zoning ordinance (Expired)2122Amends § 33.07.050, schedule of storm sewer water quality charges (Repealed by 2622)2123Amends § 33.04.050, schedule of sewer charges (33.04)2124Amends Art. 40.23, historical resources management (40.23)2125Adds Art. 8.19, demolition (8.19)2126Adds § 40.26.450 and amends §§ 40.01.010, 40.03.030, 40.03.040, 40.04.030, 40.04.040, 40.05.030—40.09.030, 40.11.030, 40.14.030 and 40.15.030, provisions for ministerial review of secondary dwelling units in all zones where single-family homes are a permitted use (40.01, 40.03—40.09, 40.11, 40.15, 40.26)2127Adds § 40.27.090, uses of the same general character and amends § 40.01.120(a), compliance with this chapter (40.01, 40.27)2128Adopts final budget for fiscal year 2003-2004 (Special)2129Extends Ord. No. 1482, the cable television franchise through December 31, 2003 (Special)2130Amends § 22.08.090, streets where angle parking designated (22.08)2131Amends § 22.04.110, truck routes—regulations as to use (22.04)2132Amends § 2.01.010 changing the date of regular City Council meetings from Wednesday to Tuesday (2.01)2133Amends § 40A.03.030, agricultural land mitigation requirements (40A.03)2134Amends § 40.27.020, exceptions and modifications, existing lots of record (40.27)2135Rezone (Special)2136Amends § 22.08.380, no parking between 5 a.m. and 2 p.m. on Saturdays (22.08)2137Urgency interim zoning ordinance (Expired)2138Adds Art. 15.19, transactions and use tax (15.19)2139Amends development agreement with Mace Ranch Investors, et al, for development of Mace Ranch (Special)2140Amends Public Employees' Retirement System contract regarding public service credit for Peace Corps or AmeriCorp: VISTA Service for miscellaneous employees (Special)2141Amends § 22.08.310, parking prohibited at all times (22.08)2142Amends § 22.08.090, streets where angle parking designated (22.08)2143Rezone (Special)2144Amends § 22.08.275, 90-minute parking between 8 a.m. and 5 p.m. Monday through Friday, Saturdays, Sundays and holidays excluded (22.08)2145Extends urgency interim zoning ordinance (Expired)2146Rezone (Special)2147Adds Art. 40.04A, residential one and two-family conservation (R2-CD) district and rezone (40.04A)2148Amends §§ 40.14.090, 40.25.060 and 40.25.090, parking requirements for Central Commercial District and in-lieu of parking payments ( 40.25)2149Repeals and replaces Art. 8.14, minimum security building standards (8.14)2150Rezone (Special)2151Urgency ordinance amending § 8.18.060 [8.19.060], demolition exemptions (8.19)2152Adds § 26.01.140, solicitation within fifty feet of outdoor automatic teller machine prohibited (Repealed by 2528)2153Amends § 8.18.060 [8.19.060], demolition exemptions (8.19)2154Extends urgency interim zoning ordinance through April 2, 2005, wireless telecommunications facilities (Special)2155Amends §§ 40.01.010, 40.27.030(d), 40.30.070, 40.31.040(a) and Art. 40.29, wireless telecommunication facilities (40.01, 40.27, 40.30, 40.31)2156Amends § 22.01.110, one-way streets and alleys designated (22.01)2157Amends § 22.07.030, stop intersections designated (22.07)2158Amends § 22.08.275, 90-minute parking between 8 a.m. and 5 p.m. Monday through Friday, except Saturdays, Sundays and holidays (22.08)2159Amends Art. 26.04, open containers (26.04)2160Adds Art. 40.20A, public-semipublic (P-SP) district (40.20A)2161Prezone (Special)2162Amends § 33.04.050, schedule of sewer charges (33.04)2163Amends § 33.07.050, schedule of storm sewer water quality rates (Repealed by 2622)2164Amends §§ 19.04.090, businesses subject to miscellaneous tax rates and 35.04.150, parades, public conduct (19.04, 35.04)2165Amends §§  8.18.040(4)(a)(2), 40.22.080, 40.22.180, 40.23.100(b)(2), 40.26.240(4), 40.26.270(c)(1)(D), 40.30A.050, 40.33.050, 40.36.050 and 40.39.030, requiring sending notice to all property owners within 500 feet (8.19, 40.22, 40.23, 40.30A, 40.33, 40.36, 40.39)2166Repeals § 40.01.140, time limitations for application and project approvals (Repealer)2167Adds Art. 13A.01 [Ch. 13A], California Environmental Quality Act (CEQA) implementing regulations (13A)2168Urgency ordinance adopting final fiscal year 2004-2005 budget2169Amends § 22.08.295, 2-hour parking between 9 a.m. and 6 p.m. Monday through Saturday, Sundays and holidays excluded (22.08)2170Rezone (Special)2171Amends §22.08.275, 90-minute parking between 8 a.m. and 5 p.m. Monday through Friday, except Saturdays, Sundays and holidays (22.08)2172Amends Art. 12.01, elections to require additional disclosure on independent expenditure communications, to clarify independent expenditure reporting requirements and to make clarifying and technical changes to conform to State law (12.01)2173Amends Art. 32.01, management of garbage, other wastes, recyclables, and fees therefor (32.01)2174Urgency interim zoning ordinance (Expired)2175Extends urgency interim zoning Ord. No. 2137 continuing moratorium on any and all new uses, building permits, or demolitions in the South Davis Planned Development Residential-Transition District from Oct. 27, 2004 through October 26, 2005 (Special)2176Extends urgency interim zoning Ord. No. 2174 continuing moratorium and requiring a conditional use permit on any and all medical marijuana dispensaries from September 17, 2004 through and including August 1, 2005 (Special)2177Rezone (Special)2178Rezone (Special)2179Rezone (Special)2180Rezone (Special)2181Repeals Ord. No. 2137 (urgency interim zoning ordinance establishing moratorium on any and all new uses, building permits, or demolitions in the South Davis Planned Development Residential-Transition District), thereby ceasing the moratorium established by said ordinance (Repealer)2182Rezone (Special)2183Rezone (Special)2184Rezone (Special)2185Amends Ord. No. 1504 (Planned Development No. 4-88, Light Industrial/Business Park), changing the floor area ratio of the subarea from 35% to 50% (Special)2186Amends § 22.07.020, through streets designated (22.07)2187Amends § 22.07.030, stop intersections designated (22.07)2188Amends § 22.07.030, stop intersections designated (22.07)2189Amends § 22.08.365, no parking 2 a.m. to 6 a.m. on Fridays (22.08)2190Amends § 22.08.360, no parking 2 a.m. to 6 a.m. on Thursdays (22.08)2191Amends § 22.08.350, no parking 2 a.m. to 6 a.m. on Tuesdays (Repealed by 2591)2192Rezone (Special)2193Amends §§ 14.01.020, 14.01.040 and 14.01.060, limitations on selling at Davis Farmers Market (14.01)2194Adds § 26.01.045 prohibiting public urination and defecation (26.01)2195Amends §§ 15.10.060 and 15.10.070, business improvement district (15.10)2196Rezone (Special)2197Amends § 22.07.020, through streets designated (22.07)2198Amends § 22.07.030, stop intersections designated (22.07)2199Amends §§ 18.05.010—18.05.080 updating and modifying affordable housing requirements (Repealed by 2418)2200Urgency interim zoning ordinance establishing moratorium on new building permits for certain types of interior modifications and building additions (April 5, 2005 through May 20, 2005) (Special)2201Rezone (Special)2202Amends § 33.04.050, sewer rates (33.04)2203Amends § 33.07.050, storm sewer water quality rates (Repealed by 2622)2204Urgency interim zoning ordinance extending Ord. No. 2200, moratorium on new building permits for certain types of interior modifications and building additions (May 21, 2005 through April 4, 2006) (Special)2205Rezone (Special)2206Urgency ordinance amending §§ 26.04.010—26.04.030, open containers (26.04)2207Amends Art. 26.04, prohibition of consumption of alcoholic beverages and possession of any open container of alcoholic beverages in Chestnut Park (26.04)2208Rezone (Special)2209Amends § 8.01.010; repeals and replaces § 8.01.040, clarifications and amendments (8.01)2210Urgency ordinance approving and adopting budget for City of Davis for Fiscal Year 2005-2006, determining appropriations limit (Special)2211Amends §§ 12.01.020, 12.01.030 and 12.01.090, definition of spouse, contributions of spouse, and maximum penalty for violating provision of Chapter 12 (12.01)2212Approves development agreement with Covell Village Partners (Special)2213Rezone (Special)2214Amends § 22.04.010, decrease of prima facie speed limit (Repealed by 2629)2215Amends § 22.04.010, decrease of prima facie speed limit (Repealed by 2629)2216Urgency interim zoning ordinance establishing moratorium and requiring conditional use permit on any and all medical marijuana dispensaries through July 31, 2005 (Special)2217Grants Comcast of California X, Inc. renewal of its nonexclusive franchise to construct, operate and maintain a cable communications system (Special)2218Adds § 40.26.275, medical marijuana dispensaries, and amends § 40.01.010, definitions (40.01)2219Replaces articles in Chapter 23 related to nuisance abatement and enforcement (23.01— 23.06)2220Replaces Articles 8.10, 8.11 and 8.12 related to resale of property (Repealed by 2408)2221Replaces Chapter 24 noise regulations (24.01—24.07)2222Adds Art. 1.02, administrative citation provisions (1.02)2223Amends § 40.15.070, mixed use zoning district (40.15)2224Amends § 22.08.310, parking prohibited at all times (22.08)2225Amends § 22.07.030, stop intersection designation (22.07)2226Amends § 22.07.020, through street designation (22.07)2227Amends § 22.08.280, timed parking zones (22.08)2228Rezone (Special)2229Amends § 22.04.010, decrease of prima facie speed limit (Repealed by 2629)2230Rezone (Special)2231Amends § 22.08.300, timed parking zones (22.08)2232Adds Art. 40.18A, community retail zoning district, and §§ 40.25.090(t.5), required parking spaces and 40.26.020(e.5), outdoor advertising, billboards and signs (40.18A, 40.25, 40.26)2233Development agreement with Taormino & Associates, Inc., project known as Parque San-tiago (Special)2234Adds Art. 18.06, middle income housing requirement (18.06)2235Amends § 22.08.340, no parking 2 a.m. to 6 a.m., except Saturdays, Sundays and holidays (22.08)2236Amends § 22.08.350, no parking 2 a.m. to 6 a.m. on Tuesdays (Repealed by 2591)2237Amends § 22.08.360, no parking 2 a.m. to 6 a.m. on Thursdays (22.08)2238Amends § 22.08.365, no parking 2 a.m. to 6 a.m. on Fridays (22.08)2239Amends § 22.08.310, parking prohibited at all times (22.08)2240Amends § 22.07.030, stop intersection designation (22.08)2241Amends § 22.07.020, through street designation (22.07)2242Adds Art. 18.07, incentive system for the local workforce (18.07)2243Amends Art. 15.14, park maintenance tax (15.14)2244Rezone (Special)2245Adds § 22.08.255, re-parking restrictions in the timed parking zones within and around the downtown core area (22.08)2246Extends urgency interim zoning Ord. No. 2204 establishing a moratorium on any and all new building permits for certain types of interior modifications and building additions (April 4, 2006 through April 4, 2007) (Expired)2247Amends § 22.04.010, decrease of prima facie speed limit (Repealed by 2629)2248Amends §§ 22.08.275, 22.08.280, 22.08.285 and 22.08.290, timed parking zones (22.08)2249Amends §§ 18.04.010—18.04.100 and rescinds §§ 18.04.110—18.04.160, owner occupancy requirements (18.04)2250Amends § 33.04.050, sewer rates (33.04)2251Amends §§ 39.01.010. 39.03.030, 39.03.040, 39.03.045, 39.03.060, and 39.03.170, water rates (39.01, 39.03)2252Urgency ordinance amending § 27.02.130, fire pits (27.02)2253Amends § 22.08.365, no parking 2 a.m. to 6 a.m. on Fridays (22.08)2254Amends § 22.04.010, decrease of prima facie speed limit (Repealed by 2629)2255Amends § 22.08.310, parking prohibited at all times (22.08)2256Amends § 22.07.030, stop intersection designation (22.07)2257Urgency ordinance adopting final budget for fiscal year 2006-2007 (Special)2258Amends § 22.07.030, stop intersection designation (22.07)2259Amends general plan, East Davis specific plan, zoning ordinance, and § 40.01.010, development agreement for Second Street Crossing (40.01)2260Seventh supplement and amendment to Mace Ranch development agreement (Special)2261Rezone (Special)2262Amends § 12.01.050, disclosure of campaign contributions (12.01)2263Urgency ordinance amending § 26.04.020, consumption and possession of open containers of alcoholic beverages to include N Street Mini Park (26.04)2264Repeals Art. 2.09, Civic Arts Commission (Repealer)2265Repeals Ord. No. 3383, Series 1981, Handicapped Access Standards Board of Appeals (Special)2266Amends Art. 2.07, Planning Commission (2.07)2267Repeals Art. 2.08, Recreation and Park Commission (Repealer)2268Repeals Art. 22.03, Safety Advisory Commission (Repealer)2269Repeals § 37.01.030 and amends § 37.02.070(c), Tree Commission (37.02)2270Repeals Articles 2.14, 2.15 and 2.16, commission administration (Repealer)2271Amends § 37.020.070(e), Tree Commission and appeal of permit decision (37.02)2272Amends § 22.08.310, parking prohibited at all times (22.08)2273Amends Ord. No. 1935, planned development No. 2-97 (Special)2274Urgency ordinance amending § 15.10.100, Davis business improvement district annual assessment fee for the core area and periphery core benefit zones (15.10)2275Amends planned development No. 3-89, allowing for conditional use (Special)2276Adds § 40.26.255 and amends §§ 40.03.020, 40.03.040, 40.04.020, 40.04.040, 40.04A.020 40.04A.040, 40.06.020, 40.06.040 and 40.25.120, conditional use permit requirement for addition, conversion or new construction resulting in six or more bedrooms (40.03, 40.04, 40.04A, 40.06, 40.25, 40.26)2277Adds § 22.08.265, timed parking zones (22.08)2278Amends contract with California Public Employees' Retirement System to provide 2.5% at 55, full and modified formula for local miscellaneous members (Special)2279Urgency ordinance amending § 15.10.100, DBID annual assessment fee to change until 01/01/2008 the collection of the assessment fee (15.10)2280Amends § 15.10.100, DBID annual assessment fee to change until 01/01/2008 the collection of the assessment fee (15.10)2281Amends planned development No. 4-92 (Special)2282Development agreement with Tim Ruff and H. Ogden Lilly et al. for project commonly known as Willowbank 10 (Special)2283Amends § 22.07.020, through street designation (22.07)2284Amends § 22.07.030, stop intersection designation (22.07)2285Amends § 2.12.010 and repeals §§ 2.12.020 and 2.12.030, provisions of the Conflict of Interest Code (2.12)2286Amends § 22.07.030, stop intersection designation (22.07)2287Amends § 33.04.050, sewer rates (33.04)2288Amends § 22.08.020, parking enforcement (22.08)2289Amends § 22.08.310, parking prohibited at all times (22.08)2290Amends § 22.08.310, parking prohibited at all times (22.08)2291Rezone (Special)2292Amends Art. 26.04, open containers (26.04)2293Urgency ordinance adopting final budget for fiscal year 2007-2008 (Special)2294Rezone (Special)2295Levy of special tax within Community Facilities District No. 2007-2 (East Davis Mace Ranch Area II) (Special)2296Describes Davis Redevelopment Agency's program to acquire real property by eminent domain in the Davis Redevelopment Project Area (Special)2297Amends §§ 36.13.050—36.13.070, condominium conversions (36.13)2298Adds Art. 34.06 to incorporate by reference Yolo County Code, tobacco retail permits (Repealed by 2576)2299Adds Art. 32.04 diversion of construction and demolition debris (32.04)2300Amends Art. 40A.03 and § 40A.01.050, agricultural mitigation requirements (40A.01, 40A.03)2301Amends Art. 8.01, California building standards (8.01)2302Amends Art. 13.01, fire code (Repealed by 2568)2303Adds Art. 13.02; repeals §§ 26.01.050—26.01.070, fireworks (13.02)2304Rezone (Special)2305Approves amendment to development agreement (Mace Ranch) (Special)2306Adds § 12.01.120, political campaign signs (12.01)2307Adds § 12.01.120, political campaign signs (12.01)2308Amends §§ 3.01.010, 3.01.070, 3.02.030(a)(4), 40.26.020(a)(1) and 40.26.020(c)(8), removing political campaign signs (3.01, 3.02, 40.26)2309Designates certain property as a historical resource (Special)2310Adds § 22.08.385, timed parking zones (22.08)2311Rezone (Special)2312Adds §§ 22.08.450—22.08.530; amends § 22.08.280, parking meters (22.08)2313Amends § 39.03.120, water service connection charge (39.03)2314Amends § 33.04.050, sewer rates (33.04)2315Amends §§ 39.03.030 and 39.03.045, water rates (39.03)2316Amends Ord. No. 1282, updating primary record of 820 Pole Line Road, city landmark (Special)2317Adds Art. 8B.07, State Video Franchises (8B.07)2318Urgency ordinance adopting final budget for fiscal year 2008-090 (Special)2319Amends § 15.02.050, procedure for purchases involving more than fifty thousand dollars (15.02)2320Amends §§ 2.01.090 and 40.35.020, changing references to councilman and councilmen to councilmember and councilmembers (2.01, 40.35)2321Adds Art. 18.09, Universal Design Checklist (18.09)2322Adds §§ 8.11.040 and 40.27.100—40.27.120 and Art. 18.08, Fair Housing Laws and reasonable accommodation (18.08, 40.27)2323Adds Art. 8.20, Green Buildings (Repealed by 2370)2324Rezone (Special)2325Amends § 33.04.050, sewer rates (33.04)2326Amends PD 5-94C and renames it PD 5-94D (Special)2327Adds Art. 15.20, Living Wage (15.20)2328Amends PD 4-88 (Special)2329Amends § 22.07.030, stop intersections (22.07)2330Amends § 15.10.070, downtown business improvement district assessment schedule (15.10)2331Approves development agreement with the Davis Joint Unified School District (Special)2332Rezone (Special)2333Amends PD 3-89 (Special)2334Urgency ordinance adding § 33.02.042, temporary reduction in sewer connection fees (33.02)2335Rezone (Special)2336Grants eighteen-month extension of specified land-use entitlements (Special)2337Adds § 33.02.040(e); amends §§ 33.02.040(b) and 39.03.120(b), sewer and water connection charges (33.02, 39.03)2338Amends § 33.04.050(a), sewer rates (33.04)2339Amends §§39.03.030 and 39.03.045, water rates (39.03)2340Rezone (Special)2341Adopts and approves final budget for fiscal year 2009-2010 (Special)2342Approves development agreement for Chiles Ranch Subdivision Project (Special)2343Rezone (Special)2344Amends § 19.04.090(l), reinstating business license tax (19.04)2345Adds § 18.06.090, suspension of middle income housing requirements (18.06)2346Rezone (Special)2347Approves development agreement with Parlin Wildhorse, LLC (Special)2348Amends budget for fiscal year 2009-2010 (Special)2349Amends § 33.02.042, temporary reduction in connection charges (33.02)2350Amends Art. 40.41 and renumbers it to be Ch. 41, Article 41.01, Citizens' Right to Vote on Future Use of Open Space and Agricultural Lands (41.01)2351Amends § 22.04.010(a), speed limits (Repealed by 2629)2352Amends § 22.04.010(b) and (c), speed limits (Repealed by 2629)2353Amends § 15.19.020(c), transactions and use tax termination date (15.19)2354Rezone (Special)2355Rezone (Special)2356Approves development agreement (Special)2357Repeals § 26.01.010 and amends § 26.01.100 [26.01.080], annoying persons on streets and obscene language (Repealed by 2634)2358Amends §§ 40.01.010, 40.27.060 and 40.31.040, fences and walls (40.01, 40.27, 40.31)2359Amends §§ 40.01.010, 40.01.080, 40.03.040, 40.04.040, 40.05.030—40.05.050, 40.08.030, 40.15.030, 40.20.040, 40.26.020, 40.26.240, 40.26.270, 40.26.400, 40.27.060, 40.27.080, 40.29.110, 40.30.100, 40.33.030, 40.33.090, 40.33.100 and 40.35.030, zoning (40.01, 40.03, 40.04, 40.08, 40.15, 40.20, 40.27, 40.30, 40.33, 40.35)2360Grants twelve-month extension of certain land use entitlements (Special)2361Amends §§ 33.02.040 and 39.03.120(b), sewer and water connection charges (33.02, 39.03)2362Amends § 33.02.042, temporary reduction in connection charges (33.02)2363Amends § 33.04.050, sewer rates (33.04)2364Amends §§ 39.03.030 and 39.03.045, water rates (39.03)2365Adopts fiscal year 2010-2011 budget (Special)2366Adopts amendment to Willowbank Park Subdivision development agreement (Special)2367Approves amendment to the Mace Ranch development agreement (Special)2368Amends Art. 16 of Ch. 22, Electric Vehicles and Car Share Vehicles (22.16)2369Adds Art. 40.42, Water Efficient Landscaping; repeals §§ 40.26.190—40.26.240, Water Conservation Standards (40.42)2370Amends Art. 8.01, building codes; repeals Art. 8.20, Green Buildings (8.01)2371Amends Art. 13.01, Adoption of California Fire Code (Repealed by 2568)2372Urgency ordinance amending § 2.01.120, filling city council vacancies (2.01)2373Amends § 2.01.120, filling city council vacancies (2.01)2374Amends Willowbank Unit #10 development agreement (Special)2375Adds Article 26.05, Safety Enhancement Zones (26.05)2376Amends § 33.02.042, temporary reduction in connection charges (33.02)2377Amends planned development agreement Nos. 2-99C and 2-99D (Special)2378Approves and adopts final budget for 2011-2012 fiscal year (Special)2379Approves compliance with voluntary alternative redevelopment program (Repealed by 2386)2380Amends § 33.04.050, sewer rates (33.04)2381Adds § 39.03.047; amends §§ 39.03.030 and 39.03.045, water rates (Repealed by 2383)2382Establishes underground utility district No. 9 (Special)2383Urgency ordinance repealing Ord. No. 2381 and re-enacting Ord. No. 2364, water rates (Repealer)2384Repeals Ord. No. 2381 and re-enacts Ord. No. 2364, water rates (Repealer)2385Amends § 22.08.280, two-hour parking (22.08)2386Repeals Ord. No. 2379 (Repealer)2387Amends Ch. 15.14, park maintenance tax (15.14)2388Adds § 15.11.070 and amends § 15.11.050, informal bidding for public projects (15.11)2389Amends § 22.07.030, stop intersections designated (22.07)2390Amends provisions throughout the code by adding §§ 15.04.041, 15.04.042, 15.04.043, 15.04.044 and 15.04.045; amending §§ 1.01.110, 1.01.190, 2.01.100, 2.02.020, 2.03.040, 2.19.020, 4.01.100, 5.01.050, 5.04.050, 6.03.030, 7.01.070, 8.01.120, 8A.01.060, 8A.01.130(a), 8A.01.140(a)—(c), 10.01.010(a) and (f), 10.01.040(b)(1)(A) and (c), 10.02.020(a), 11.01.040, 11.01.050(a), 11.01.060(a)(2), 11.01.070, 14.01.020, 14.01.060(b)(1), 15.03.170, 15.20.060(b), 17.01.070, 18.05.050, 19.03.070, 20.01.040(a) and (b), 22.13.080(a), 29.01.090, 32.01.070(d), 32.04.090(c), 36.02.020(f), 36.13.060(c), 39.05.180, 40.05.090(c)(1), and 40.11.070(b)(4); deleting Arts. 2.13, 8.11, 8.12 and § 8.12.040; renumbering §§ 8.11.010—8.11.040 to be 8.10.160—8.10.190 and §§ 8.12.010—8.12.030 to be 8.10.130—8.10.150; replacing \"director of planning and building,\" \"director of planning\" and \"director of building\" with \"director of community development and sustainability\"; replacing \"planning and building director,\" \"planning director\" and \"building director\" with \"community development and sustainability director\"; replacing \"director of parks and community services\" with \"director of community services\" (1.01, 2.01, 2.02, 2.03, 2.19, 4.01, 5.01, 5.04, 6.03, 7.01, 8.01, 8A.01, 10.01, 10.02, 14.01, 15.03, 15.04, 15.20, 19.03, 20.01, 22.13, 29.01, 32.01, 32.04, 36.02, 36.13, 39.05, 40.11)2391Adds Ch. 30, Stormwater Management and Discharge Control; renumbers Art. 33.05 to be Art. 30.08 and Art. 33.07 to be Art. 30.09 (30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 30.07, 30.08)2392Repeals and replaces Article 40.29, wireless telecommunication facilities (40.29)2393Approves and adopts final budget for fiscal year 2012-2013 (Special)2394Rezone (Special)2395Amends § 33.02.042, temporary reduction in connection charges (33.02)2396Rezone (Special)2397Urgency ordinance adding Ch. 39A, wood burning regulations (Expired)2398Adds Ch. 39A, wood burning regulations (Expired)2399Adds Art. 39.10, participation in the Davis Woodland Surface Water Supply Project (39.10)2400Amends § 22.07.030, stop intersections (22.07)2401Development agreement (Special)2402Amends planned development (PD) #10-04 (Special)2403Amends Ch. 33, sewers and sewage disposal (33.01, 33.02, 33.03, 33.04, 33.06)2404Amends § 22.07.030, stop intersections (22.07)2405Amends §§ 39.03.030—39.03.045, water rates (Repealed by Initiative Measure P)2406Adds § 39.03.055, lifeline low-income rate assistance program (39.03)2407Amends §§ 40.01.010 and 40.26.150, home occupations (40.01, 40.26)2408Repeals and replaces Art. 8.10, resale of property (8.10)2409Adds § 22.08.315; amends § 22.08.280, two-and three-hour parking (22.08)2410Amends § 39.03.020, water meter reading and billing schedule (39.03)2411Amends 2012/13 budget (Special)2412Designates 445 Russell Boulevard as a historical resource (Special)2413Adds § 40.24.120; amends §§ 40.01.010, 40.03.020, 40.04.020, 40.04A.030, 40.05.020, 40.05.050, 40.05.060, 40.06.020, 40.06.040, 40.08.020, 40.08.040, 40.09.020, 40.09.040, 40.10.020, 40.11.020, 40.11.040, 40.14.020, 40.15.020 and 40.20.040, zoning (40.01, 40.03, 40.04, 40.04A, 40.06, 40.08, 40.09, 40.10, 40.11, 40.15, 40.20, 40.24)2414Amends planned development (PD) #2-07 (Special)2415Development agreement (Special)2416Approves 2013/14 budget (Special)2417Adds § 15.02.055, professional services—procedures and contracting authority (15.02)2418Repeals and replaces Art. 18.05, affordable housing (18.05)2419Amends planned development (PD) #2-86B (Special)2420Amends § 2.01.110, compensation of councilmembers (2.01)2421Adds Art. 40.25A; amends §§ 40.11.070 and 40.18A.070(b); deletes §§ 40.05.090(c), 40.14.090(e), 40.15.090(f), 40.18A.070(b) and 40.26.400(f)(2), bicycle parking standards (40.11, 40.18A, 40.25A, 40.26)2422Adds Art. 32.05, disposable bag reduction program (32.05)2423Amends § 39.03.055, lifeline water utility rate assistance program (39.03)2424Amends § 23.01.030, nuisances (23.01)2425Amends § 22.07.030, stop intersections (22.07)2426Repeals and replaces Art. 8.01; repeals Arts. 8.02, 8.09, 8.13, 8.15 and 8.16, building codes (8.01)2427Amends Art. 13.01, California Fire Code (Repealed by 2568)2428Rezone (Special)2429Approves development agreement (Special)2430Amends § 22.04.010, speed limits (Repealed by 2629)2431Amends § 32.01.060, ownership of wastes and recyclables—infractions (32.01)2432Amends Art. 15.19, transactions and use tax (15.19)2433Amends §§ 8.19.010, 8.19.020(c), 8.19.040, 8.19.050(a), 8.19.060, 40.23.120, 40.23.130(a) and 40.23.140(c), demolition (8.19, 40.23)2434Amends development agreement (Special)2435Amends § 33.02.020, sewage connection required (33.02)2436Amends §§ 32.05.040 and 32.05.050, disposable bag reduction program (32.05)2437Amends §§ 34.01.010, 34.01.020, 34.02.020(e), 34.04.010—34.04.030, 34.05.010 and 34.05.020, smoking (34.01, 34.02, 34.04, 34.05)2438Adopts 2014/15 budget (Special)2439Amends § 22.12.120, application for and duration of permit (22.12)2440Adds Art. 8.20, renewable energy (8.20)2441Rezone (Special)2442Amends §§ 39.03.030, 39.03.045 and 39.03.050; repeals § 39.03.040, water rates (39.03)2443Amends §§ 18.05.020 and 18.05.050(a)(2)(B) and (e), affordable housing (18.05)2444Rezone (Special)2445Adds § 40.03.040A [40.03.045] and Art. 40.30A; amends §§ 40.01.010, 40.03.040, 40.04.040, 40.17.070(q), 40.18.070(r), 40.26.010(c) and (d), 40.26.360, 40.26.450(g) and (i) and 40.39.020; renumbers Art. 40.30A to be 40.30B, zoning (40.01, 40.03, 40.04, 40.17, 40.18, 40.26, 40.30A, 40.30B, 40.39)2446Amends § 15.18.080, computation of assessment (15.18)2447Adds §§ 32.01.065 and 32.01.125; amends §§ 32.01.010—32.01.060, 32.01.070—32.01.090, 32.01.110(h) and (i) and 32.01.130, organics collection program (32.01)2448Amends § 22.08.310, parking prohibited at all times (22.08)2449Tax levy (Special)2450Approves amendment to development agreement (Special)2450AAdds Art. 18.10, universal access (18.10)2451Adds Art. 17.02, children's meals (Repealed by 2648)2452Urgency ordinance adding § 39.02.045, prohibitions and enforcement of water waste (39.02)2453Adopts 2015/16 budget (Special)2454Rezone (Special)2455Amends development agreement (Special)2456Amends § 22.08.310, parking prohibited at all times (22.08)2457Amends § 22.08.285 [22.08.275], ninety-minute parking (22.08)2458Adds § 35.01.060, street use permits (35.01)2459Adds Art. 8.21, small residential rooftop solar energy system review process (8.21)2460Amends § 34.02.010(x)(13)—(15), smoking in public (34.02)2461Amends § 39.02.045(c), water conservation (39.02)2462Amends Gateway/Olive Drive specific plan (Special)2463Establishes a moratorium on the creation or expansion of bars, nightclubs and restaurants serving distilled spirits, beer and wine (Special)2464Amends § 39.02.045(c)(5), prohibition of water waste (39.02)2465Extends moratorium on the creation or expansion of bars, nightclubs and restaurants serving distilled spirits, beer and wine (Repealed by 2477)2466Rezone (Special)2467Adds § 40.26.276; amends § 40.01.010, medical marijuana cultivation (40.01)2468Amends §§ 15.05.010 and 15.05.020, transient occupancy tax (15.05)2469Adds § 19.04.100, marijuana businesses (19.04)2470Prezone (Not adopted)2471Amends Gateway/Olive specific plan (Special)2472Approves development agreement (Special)2473Amends Ch. 30, stormwater management and discharge control (30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 30.07, 30.08)2474Adds Art. 8.22, emergency and hazard placard posting (8.22)2475Amends § 22.07.030, stop intersections (22.07)2476Amends § 22.08.310, parking (22.08)2477Repeals and replaces Ch. 11, entertainment permits (11.01, 11.02, 11.03, 11.04)2478Adds § 22.08.115, commercial vehicle parking prohibited (22.08)2479Amends § 22.07.030, stop intersections (22.07)2480Amends § 29.01.030, personnel board (29.01)2481Rezone (Special)2482Fiscal year 2016-2017 budget (Special)2483Development agreement (Special)2484Amends planned development #1-11 subareas G and I (Special)2485Amends § 39.03.120, service connection charge (39.03)2486Amends § 22.08.380, stopping, standing, parking (22.08)2487Adds Ch. 16, community choice aggregation (electricity) (16.01)2488Urgency ordinance establishing moratorium on establishment, creation, or expansion of commercial marijuana uses (Special)2489Adds § 34.02.025, smoking marijuana and marijuana products (34.02)2490Amends Art. 13.01, California Fire Code (Repealed by 2568)2491Amends Art. 8.01, building codes in general (8.01)2492Extends Ord. No. 2488 concerning commercial marijuana uses (Special)2493Amends planned development No. 4-88 (Special)2494Adds § 8B.07.040(d), PEG fee (8B.07)2495Amends planned development No. 2-12 (Special)2496Adds Art. 18.11, Residential Rental Dwelling Units—Registration and Inspection (18.11)2497Adds Art. 40.26A; repeals § 40.26.276, personal cultivation of cannabis (40.26A)2498Rezone (Special)2499Approves development agreement (Special)2500Rezone (Special)2501Adds Art. 32.06, environmentally acceptable food packaging (32.06)2502Adds Art. 17.03, beverage straws (Repealed by 2648)2503Adds Art. 40.26B; amends §§ 40.30A.030, 40.30A.070 and 40.30A.080, commercial cannabis businesses (40.26B, 40.30A)2504Amends Chiles Ranch development agreement (Special)2505Adopts final 2017-18 budget (Special)2506Urgency ordinance amending § 39.03.030, schedule of base rate charges (39.03)2507Adds Art. 22.17, bikebus pedicabs (22.17)2508Amends § 33.04.050, schedule of charges (33.04)2509Adds Ch. 21, marijuana/cannabis business permits (21.01, 21.02, 21.03)2510Amends § 39.03.030, schedule of base rate charges (39.03)2511Adds Ch. 8.23, electric vehicle charging stations review process (8.23)2512Adds § 8.01.092; amends § 8.01.050(e), residential energy efficiency standards (8.01)2513Rezone (Special)2514Adds § 40.26B.080; amends §§ 40.01.010, 40.26B.030; repeals § 40.26.275, commercial cannabis retailers (40.01, 40.26B)2515Adds Articles 21.04 and 21.05, retail cannabis businesses and delivery services (21.04, 21.05)2516Amends § 2.01.110, compensation of councilmembers (2.01)2517Rezone (Special)2518Amends §§ 12.01.010—12.01.060 and 12.01.100; renumbers §§ 12.01.050 to be 12.01.040, 12.01.055 to be 12.01.050, 12.01.090 to be 12.01.070, and 12.01.110 to be 12.01.090; deletes §§ 12.01.035, 12.01.040, 12.01.080, and 12.01.120, elections (12.01)2519Amends § 22.07.030, stop intersections (22.07)2520Urgency ordinance authorizing temporary administrative use permits for delivery-only medical cannabis retail businesses (Special)2521Amends Art. 15.14, park maintenance tax (15.14)2522Adds Art. 15.21, street and bike path maintenance tax (Failed)2523Approves development agreement (Special)2524Prezone (Special)2525Amends § 18.05.060, affordable housing (18.05)2526Approves development agreement (Special)2527Adds Article 26.07, surveillance technology (26.07)2528Adds Article 26.06; repeals § 26.01.140, aggressive and obstructive conduct and unattended personal property in public places and rights-of-way (26.06)2529Adds Art. 6.05; amends § 27.02.040, bicycle-sharing businesses and regulations (6.05, 27.02)2530Adds Ch. 42 and Art. 42.01, Yolo Habitat Conservation Plan/Natural Communities Conservation Plan (42.01)2531Amends § 40.26B.080(c)(2), commercial cannabis retailers (40.26B)2532Amends contract with the California Public Employees' Retirement System (Special)2533Rezone (Special)2534Development agreement (Special)2535Urgency ordinance adopting final budget for fiscal year 2018-19 (Special)2536Rezone (Special)2537Rezone (Special)2538Development agreement (Special)2539Adds Art. 18.12, procedures and standards for mobile home park closures and conversions (18.12)2540Adds Art. 22.18, motorized scooters and scooter-share programs (Repealed by 2661)2541Amends § 40.26B.080(c), cannabis retailers (Repealed by 2547)2542Development agreement (Special)2543Amends planned unit development (PD) # 1-11 (Special)2544Amends § 18.05.060(b), extends sunset date (18.05)2545Amends §§ 18.05.020, 18.05.050(a)(1), 18.05.060(a) and (b) and 18.05.080, affordable housing (18.05)2546Adds § 18.12.085; amends § 18.12.090, mobile home park closures and conversions (18.12)2547Amends § 40.26B.080(c); repeals Ord. No. 2541, cannabis retailers (40.26B)2548Amends §§ 40.04.070(a) and 40.31.040, architectural and design review (40.04, 40.31)2549Amends § 15.11.050, award of contracts (15.11)2550Amends § 18.05.060(b), alternative rental affordable housing requirements (18.05)2551Rezone (Special)2552Development agreement (Special)2553Amends §§ 40.01.010, 40.03.030(f), 40.03.045(b), 40.04.040(h) and (i), 40.04A.030(e)(1) and 40.26.450, accessory dwelling units (40.01, 40.03, 40.04, 40.04A, 40.26)2554Adds § 8.01.090 [8.01.094]; amends §§ 8.01.060 and 8.01.090, green building standards (8.01)2555Amends planned development (PD) #10-04B (Special)2556Development agreement (Special)2557Rezone (Special)2558Amends §§ 40.04.070(a) and 40.31.040, functions of the community development and sustainability director in the design review process (40.04, 40.31)2559Development agreement (Special)2560Amends §§ 30.08.090, 32.01.160, 33.04.070 and 39.03.270, due date for delinquency of city services (30.08, 32.01, 33.04, 39.03)2561Amends § 18.05.060(b), alternative rental affordable housing requirements (18.05)2562Amends §§ 32.01.070(d) and (f), 32.01.090, 32.03.010, 32.03.040(a) and 32.03.050(c), organic refuse (32.01, 32.03)2563Adds § 15.19.150; amends §§ 15.19.040, 15.19.050 [15.19.060] and 15.19.090; repeals and replaces § 15.19.150; repeals § 15.19.160, transaction and use tax (15.19)2564Amends § 12.01.090, general municipal election date (12.01)2564ARezone (Special)2564BAdds Art. 26.08, sales of firearms (26.08)2565Amends § 8.01.092, energy efficiency \"Reach Code\" (8.01)2566Adds Art. 12.02 and §§ 12.01.020—12.01.050; renumbers §§ 12.01.090 to be 12.01.010 and 12.01.010—12.01.080 to be 12.02.010—12.02.080, elections (12.01, 12.02)2567Rezone (Special)2568Repeals and replaces Art. 13.01, fire code (Repealed by 2568)2569Repeals and replaces Art. 8.01, California building standards (Repealed by 2635)2570Amends Art. 40.29, wireless communication facilities (40.29)2571Rezone (Special)2572Adds §§ 40.07.050 and 40.22.210; amends §§ 40.01.010, 40.03.045, 40.04.030, 40.04.040, 40.06.030, 40.06.040, 40.06.060, 40.07.040, 40.08.030, 40.08.040, 40.08.060, 40.09.030, 40.09.040, 40.09.060, 40.10.040, 40.10.060, 40.11.020—40.11.040, 40.11.070, 40.12.020, 40.12.040, 40.16.010, 40.16.020, 40.16.040, 40.17.020, 40.17.040, 40.18.020, 40.18.040, 40.20.020, 40.20.040, 40.22.100, 40.25.020, 40.26.010, 40.26.450, 40.27.090, 40.30.090, 40.30A.080, 40.31.100, 40.33.080 and Art. 40.40; replaces building inspector with director in Ch. 40, zoning (40.01, 40.03, 40.04, 40.06, 40.07, 40.08, 40.09, 40.10, 40.11, 40.12, 40.16, 40.17, 40.18, 40.20, 40.22, 40.25, 40.26, 40.27, 40.30, 40.30A, 40.31, 40.33, 40.40)2573Amends Art,. 18.11, residential rental dwelling units registration and inspection (18.11)2574Adds § 39.02.115; amends §§ 39.02.100, 39.02.110, 39.02.130, 39.03.230 and 39.03.270, discontinuation of water service (39.02, 39.03)2575Urgency ordinance enacting a moratorium on evictions (Special)2576Repeals and replaces Art. 34.06, tobacco retailer permit (34.06)2577Adds Art. 13.03, open campfires (13.03)2578Amends § 18.05.060(b), alternative rental affordable housing requirements (18.05)2579Amends § 22.08.265, two-hour parking (22.08)2580Rezone (Special)2581Amends and extends Measure J and Art. 41.01, citizens' right to vote on future use of open space and agricultural lands (41.01)2582Prezone (Pending voter approval)2583Development agreement (Pending voter approval)2584Rezone (Special)2585Development agreement (Special)2586Adds § 15.02.130, exceptions (15.02)2587Rezone (Special)2588Development agreement (Special)2589Adds Art. 35.07, moratorium on excavations on newly improved streets (35.07)2590Amends Art. 32.04, diversion of construction and demolition debris (32.04)2591Amends § 22.08.365; repeals § 22.08.350, stopping, standing, parking prohibited 2:00 to 6:00 a.m. on Fridays (22.08)2592Adds §§ 8.01.066 and 8.01.067, energy efficiency Reach Code (8.01)2593Amends §§ 2.01.100, 2.02.010, 2.02.020 and 2.19.020, mayor and vice mayor (2.01, 2.02, 2.19)2594Amends § 18.05.060(b)(10), alternative rental affordable housing requirements (18.05)2595Rezone (Special)2596Development agreement (Special)2597Development agreement (Special)2598Amends § 39.03.170, construction project rate (39.03)2599Adds § 22.08.325, stopping, standing and parking prohibited—6:00 a.m. to 12:00 noon on Mondays (22.08)2600Interim urgency ordinance amending § 40.03.040(f), conditional uses permitted (Repealed by 2604)2602Adds §§ 40.04A.045, 40.26.460 and 40.26.470; amends §§ 40.01.010, 40.03.045, 40.04.040(h) and (i), 40.04A.030(e), 40.04A.040(g), 40.04A.070(a)(3), 40.07.030(e), 40.14.040(d), 40.15.040(e), 40.26.010(c)(15) and (d)(8), 40.26.450 and 40.30A.070, accessory dwelling units and junior accessory dwelling units (40.01, 40.03, 40.04, 40.04A, 40.07, 40.15, 40.26, 40.30A)2603Interim urgency ordinance extending Ord. No. 2600, conditional uses permitted (Repealed by 2604)2604Amends § 40.03.040(f); repeals Ord. Nos. 2603 and 2600, conditional uses permitted (40.03)2605Amends § 39.02.045, prohibitions and enforcement of water waste (39.02)2606Interim urgency ordinance adding § 40.26.256, amending §§ 40.03.040(g), 40.04.040(k), 40.04A.040(i) and 40.060.040(k), conditional use permits for additions, conversions, or new construction that result in six or more bathrooms in a dwelling unit (Special)2607Urgency ordinance amending Ord. No. 2575, related to evictions (Special)2608Extends Ord. No. 2606 adding § 40.26.256, amending §§ 40.03.040(g), 40.04.040(k), 40.04A.040(i) and 40.060.040(k), conditional use permits for additions, conversions, or new construction that result in six or more bathrooms in a dwelling unit (Special)2609Amends contract with the California Public Employees' Retirement System (Special)2610Amends § 22.07.030, stop intersections designated (22.07)2611Amends § 22.07.030, stop intersections designated (22.07)2612Amends § 18.05.060(b), alternative rental affordable housing requirements (18.05)2613Amends § 22.07.030, stop intersections designated (22.07)2614Amends Arts. 32.01 and 32.03, § 15.02.070, solid waste reduction and management (15.02, 32.01, 32.03)2615Rezone (Special)2616(Failed voter approval June 2022)2617(Failed voter approval June 2022)2618Urgency ordinance amending § 39.02.045, prohibitions on wasteful water practices during drought (Not codified)2619Amends § 12.01.050, adjustment of council district boundaries (12.01)2620Repeals § 22.08.210, peddlers, etc., vehicles, carts (Repealer)2621Adopts military equipment use policy (Repealed by 2645)2622Amends §§ 30.08.010, 30.08.050 and 30.08.080; repeals Art. 30.09, storm drainage and storm drain system quality (30.08)2623Designates 238 G Street as a merit resource (Special)2624Designates 1410 Clara Lane as a merit resource (Special)2625Adds § 22.08.335, stopping, standing and parking prohibitions (22.08)2626Adds § 22.08.317; amends § 22.08.330, stopping, standing and parking prohibitions (22.08)2627Rezone (Special)2628Development agreement (Special)2629Repeals and replaces § 22.04.010, decrease of prima facie speed limits (22.04)2630Temporarily amends Art. 6.05; temporarily suspends Art. 22.18, micromobility devices (6.05, 22.18)2631Adds Art. 26.09, storage of firearms (26.09)2632Amends §§ 40.03.040, 40.04.040, 40.04A.040, 40.06.040 and 40.26.256, conditional use permit requirements (40.03, 40.04, 40.04A, 40.06, 40.26)2633Amends § 18.05.060(b), sunset date for affordable alternative rental housing requirements (18.05)2634Amends Arts. 14.01 and 20.01 and §§ 2.10.040, 3.01.010, 5.01.030, 6.01.040, 8.14.190, 8.14.200, 18.08.090, 18.08.100, 18.09.070; renumbers Ch. 10.06 to be 10.05, § 15.02.110 to be 15.02.100, 15.02.120 to be 15.02.110, 15.02.130 to be 15.02.120, 26.01.020 to be 26.01.010, 26.01.030 to be 26.01.020, 26.01.045 to be 26.01.030, 26.01.080 to be 26.01.040, 26.01.090 to be 26.01.050, 26.01.110 to be 26.01.060, 26.01.120 to be 26.01.070, 26.01.130 to be 26.01.080, 39.04.050 to be 39.04.040, 39.04.060 to be 39.04.050 and 39.04.070 to be 39.04.060; repeals Ch. 31 and Arts. 2.11, 10.05 and §§ 15.02.100, 26.01.040, 26.01.100 and 39.04.040, omnibus amendments (2.10, 3.01, 5.01, 6.01, 8.14, 10.05, 14.01, 15.02, 18.08, 18.09, 20.01, 26.01, 39.04)2635 Repeals and replaces Art. 8.01, building codes (8.01)2636Repeals and replaces Art. 13.01, fire code (13.01)2637Adds Art. 40.14A; amends §§ 40.01.010 and 40.23.050(i); repeals and replaces Arts. 40.13, and 40.14; repeals Arts. 40.05 and 40.13A, Downtown Davis Form Based Code (40.01, 40.13, 40.14, 40.14A, 40.23)2638Development agreement (Special)2639Amends § 18.05.020, first time homebuyer defined (18.05)2640Adds Art. 35.08 and §§ 35.03.111 and 35.07.060, trench cut fees (35.03, 35.07, 35.08)2641Adds Art. 26.10, unlawful possession of catalytic converters (26.10)2642Amends § 34.02.010(x), smoking in public places (34.02)2643Amends § 6.02.060(a), bicycles and skateboards on sidewalks (6.02)2644Urgency ordinance amending § 18.05.060(b), extending sunset date for temporary affordable alternative rental housing requirements (18.05)2645Readopts military equipment use policy; repeals Ord. No. 2621 (Special)2646Amends §§ 18.05.010, 18.05.020, 18.05.040 and 18.05.060; repeals § 18.05.080, affordable housing requirements (18.05)2647Amends § 37.02.040, prohibited acts regarding street trees and city trees (37.02)2648Adds § 1.01.095; amends §§ 2.01.020, 2.01.120, 2.02.010, 2.03.010, 2.19.020, 15.14.010, 15.14.040 and 15.14.070; repeals § 2.19.050 and Ch. 17; renumbers § 2.19.060 to be 2.19.050 and Art. 16.01 to be 2.20, omnibus ordinance (1.01, 2.01, 2.02, 2.03, 2.19, 2.20, 15.14)2649Re-adopts military equipment use policy (Special)2650Rezone (Special)2651Rezone (Special)2652Adds Art. 40.09A, high density residential overlay district (40.09A)2653Amends §§ 40.13.020 and 40.14A.020, downtown and traditional neighborhood overlay district (40.13, 40.14A)2654Amends § 33.04.050 and renames title of Ch. 33, wastewater and sewage disposal (33.04)Ord. No.Adoption DateSubjectDispositionSupp. No.26552/20/2024PrezoneSpecial0.126564/9/2024Amends Motor Vehicles and Traffic: Stopping, Standing and ParkingArt. 22.080.126575/7/2024Amends Motor Vehicles and Traffic: Stopping, Standing and ParkingArt. 22.080.126585/21/2024Development AgreementSpecial0.126596/18/2024Military Equipment Use PolicySpecial1.1266011/5/2024Amends Finance and Taxation: Transactions and Use TaxArt. 15.191.226617/9/2024Amends Bicycles: Bicycle- and Scooter-Sharing Businesses and Regulations; Repeals Art. 22.18Art. 6.05126627/9/2024Amends Finance and Taxation: Informal Bidding for Public ProjectsArt. 15.11126638/27/2024Amends Management of Solid Waste: In General; Amends Diversion of Construction and Demolition DebrisArt. 32.01; Art. 32.041.126648/27/2024Amends Bicycles: Operation Generally; Amends Bicycle Paths and Lanes; Amends Finance and Taxation: Art in Public Works Fund Allocation; Amends Motor Vehicles and Traffic: City Traffic Engineer; Amends Turning and Backing Movements; Amends Traffic-Control Devices; Amends Stopping, Standing and Parking; Amends Pedestrians; Amends Preferential Parking; Amends Personnel: In GeneralArt. 6.02; Art. 6.03; Art. 15.06; Art. 22.02; Art. 22.05; Art. 22.06; Art. 22.08; Art. 22.10; Art. 22.12; Art. 29.011.126658/27/2024Amends Zoning: Site Plan and Architectural ApprovalArt. 40.311.126669/17/2024Planned DevelopmentSpecial1.1266710/1/2024Amends Water: Rates and ChargesArt. 39.031.1266811/12/2024Amends Offenses—Miscellaneous: Open Container; Amends Parks and Open Space Areas: In General; Amends Parks; Amends Open Space Areas; Amends Streets and Sidewalks: In General; Amends Zoning: In General; Amends Supplemental to Downtown ZonesArt. 26.04; Art. 27.01; Art. 27.02; Art. 27.03; Art. 35.01; Art. 40.01; Art. 40.141.2266912/3/2024Amends Wastewater and Sewage Disposal: Discharge RequirementsArt. 33.031.2267012/3/2024Offenses—Miscellaneous: Camping; Amends Parks and Open Space Areas: Parks; Amends Open Space AreasArt. 26.11; Art. 27.02; Art. 27.031.2267112/3/2024Amends Tree Planting, Preservation and Protection: Administrative Provisions; City Trees and Private/Protected Trees; Amends Landmark Trees and Trees of Significance Located on Certain Private Property; Amends Violation of Chapter as Public Nuisance; Amends Tree Permit Appeal BoardArt. 37.01; Art. 37.02; Art. 37.03; Art. 37.06; Art. 37.071.226722/4/2025Amends Housing: Affordable HousingArt. 18.051.326732/18/2025Amends Motor Vehicles and Traffic: Special StopsArt. 22.071.326743/18/2025Amends Zoning: Downtown Davis Zones; Amends Supplemental to Downtown ZonesArt. 40.13; Art. 40.141.426757/1/2025Re-Adopting a Military Equipment Use Policy and Re-Approving the Use, Acquisition, and Seeking of Funding for Military EquipmentSpecial226768/19/2025Amends Water: Cross-Connection ControlArt. 39.042267711/4/2025Amends ZoningCh. 402.1267811/4/2025Amends Buildings: Flood Prevention Administration; Amends Smoking Control: General Restrictions; Amends Subdivisions: General Provisions; Amends Definitions and Responsibilities; Amends Maps Required; Amends Tentative Subdivisions Maps—Five or More Parcels; Amends Final Subdivision Maps—Five or More Parcels; Amends Subdivisions of Four or Less Parcels; Amends Dedications, Reservations and Development Fees; Amends Improvements; Amends Parcel Mergers and Unmergers; Amends Correction and Amendment of Maps; Amends Condominium Conversions; Amends Enforcement; Amends Tree Planting, Preservation and Protection: Administrative Provisions; Amends Tree Planting, Preservation and Protection: Parking Lot TreesArt. 8.06; Art. 34.02; Art. 36.01; Art. 36.02; Art. 36.03; Art. 36.04; Art. 36.05; Art. 36.06; Art. 36.08; Art. 36.09; Art. 36.11; Art. 36.12; Art. 36.13; Art. 36.14; Art. 37.01; Art. 37.042.1267911/18/2025Amends Buildings: In GeneralArt. 8.012.1268011/18/2025Amends Fire Code: Adoption of California Fire CodeArt. 13.012.126812/3/2026Prezone. Failed ratification by the voters in the June 2, 2026 election.Special326822/3/2026Development Agreement for the Village Farms ProjectSpecial2.226832/17/2026Offenses—Miscellaneous: Safe Parking ProgramArt. 26.122.226843/3/2026Amends Elections: Election Campaign Limits; Amends Fire Code: Adoption of California Fire Code; Amends Motor Vehicles and Traffic: Stopping, Standing and Parking; Amends Offenses—Miscellaneous: Open Container; Surveillance Technology; Amends Parks and Open Space Areas: Parks; Amends Peddlers, Solicitors and Transient Vendors: Handbills and Petitions; Amends Water: Cross-Connection ControlArt. 12.02; Art. 13.01; Art. 22.08; Art. 26.04; Art. 26.07; Art. 27.02; Art. 28.03; Art. 39.042.226853/17/2026Amends Housing: Affordable HousingArt. 18.052.226864/7/2026Civil Rights: Interaction with Immigration AuthoritiesArt. 10.062.226875/5/2026Streets and Sidewalks: Adds Sidewalk Maintenance, RepairArt. 35.092.326885/19/2026Prezone (Effective upon ratification by the voters in the November 3, 2026 election)Special26895/19/2026Development AgreementSpecial2.326906/16/2026Re-Adopting a Military Equipment Use Policy and Re-Approving the Use, Acquisition and Seeking of Funding for Military EquipmentSpecial326917/7/2026Amends Motor Vehicles and Traffic: Stopping, Standing and ParkingArt. 22.08326927/7/2026Amends Motor Vehicles and Traffic: Stopping, Standing and ParkingArt. 22.08326939/1/2026Amends Zoning: In General; Special UsesArt. 40.01; Art. 40.263.126949/15/2026Amends Parks and Open Space Areas: In General; Amends Streets and Sidewalks: In General; Amends Zoning: In General; Supplemental to Downtown ZonesArt. 27.01; Art. 35.01; Art. 40.01; Art. 40.143.1", "history": "" } ] }, { "guid": "44663395", "title": "Statutory References for California Cities", "number": "SR", "url": "https://ecode360.com/44663395", "sha256": "04be08ba0be9d2f94f02eaf223d10ac0b5929ad34a76d1bc170c6e5f3999ed92", "exportedArticleSha256": "4c007c69f4fb4b1043ac85f17ae0bcaa319a0c2ec5c764307def1bcf7f394e14", "sections": [ { "guid": "44663396", "number": "§ SR.010", "title": "General Provisions.", "text": "SubjectReferenceAccessory dwelling unitsGov’t Code § 66310 et seq.Administrative fines and penaltiesGov’t Code § 53069.4Alternative forms of governmentGov’t Code § 34851 et seq.Authority to adopt, amend, revise or repeal city chartersCal. Const. Art. XI, § 3 et seq.Citations for infractions and misdemeanorsPenal Code §§ 853.5 – 853.85Classifications of citiesGov’t Code §§ 34100 – 34102Code adoptionGov’t Code §§ 50022.1 – 50022.10Conflict of interest codeGov’t Code § 87100 et seq.ElectionsGov’t Code §§ 34050 and 36503 and Elec. Code §§ 1301, 9200 et seq., and 10100 et seq.Expedited judicial review of First Amendment casesCode of Civ. Proc. § 1094.8False petitionsGov’t Code § 34093General powersGov’t Code § 37100 et seq. and Cal. Const. Art. XI, § 7ImprisonmentGov’t Code §§ 36901, 36903 – 36904Initiative and referendumCal. Const. Art. XI, § 7.5 and Elec. Code §§ 9200 et seq., and 9235 et seq.Judicial review of city decisionsCode of Civ. Proc. § 1094.6OrdinancesGov’t Code § 36900 et seq.Penalties for ordinance violationsGov’t Code § 36900 et seq.Police powerCal. Const. Art. XI, § 7Procedure for enactment or revision of city chartersGov’t Code § 34450 et seq.", "history": "" }, { "guid": "44663397", "number": "§ SR.020", "title": "Administration and Personnel.", "text": "SubjectReferenceChief of policeGov’t Code § 41601 et seq.City assessorGov’t Code § 41201 et seq.City attorneyGov’t Code § 41801 et seq.City clerkGov’t Code § 40801 et seq.City managerGov’t Code §§ 34851 – 34859City officers generallyGov’t Code § 36501City recordsGov’t Code §§ 34090 – 34090.7City treasurerGov’t Code § 41001 et seq.Election of legislative body by districtsGov’t Code § 34870 et seq.Elective mayorGov’t Code §§ 34900 – 34906Fire departmentGov’t Code § 38611Legislative bodyGov’t Code § 36801 et seq.Local emergenciesGov’t Code §§ 8630 – 8634Local planning agenciesGov’t Code § 65100 et seq.MayorGov’t Code §§ 36801 – 36803 and 40601 et seq.Meetings (“Ralph M. Brown Act”)Gov’t Code § 54950 et seq.Peace officer standards and trainingPenal Code § 13500 et seq.Personnel systemGov’t Code § 45000 et seq.Retirement systemsGov’t Code §§ 45300 et seq., and 53060.1The California Emergency Services ActGov’t Code § 8550 et seq.", "history": "" }, { "guid": "44663398", "number": "§ SR.030", "title": "Revenue and Finance.", "text": "SubjectReferenceBradley-Burns Bill of RightsRev. & Tax. Code §§ 7221—7226Bradley-Burns Uniform Local Sales and Use Tax LawRev. & Tax. Code § 7200 et seq., and Gov’t Code § 37101Chartered city special assessment procedureGov’t Code § 43240Claims against public entitiesGov’t Code § 900 et seq.Contracting by local agencies (“Local Agency Public Construction Act”)Pub. Cont. Code § 20100 et seq.Development feesGov’t Code § 66000 et seq.Financial powersGov’t Code § 37200 et seq.Fiscal year in chartered citiesGov’t Code §§ 43120 and 43122Graffiti prevention taxRev. & Tax. Code §§ 7287—7287.10Local agency service fees and chargesGov’t Code § 66012 et seq.Property tax assessment, levy and collectionGov’t Code § 43000 et seq.Public works and public purchasesGov’t Code § 4000 et seq.Special gas tax street improvement fundSts. & High. Code § 2113The Documentary Transfer Tax ActRev. & Tax. Code § 11901 et seq.Transfer of tax function to countyGov’t Code § 51500 et seq.Transient occupancy taxRev. & Tax. Code §§ 7280—7283.51Unclaimed propertyCiv. Code § 2080 et seq.Uniform Public Construction Cost Accounting ActPub. Cont. Code § 22000 et seq.", "history": "" }, { "guid": "44663399", "number": "§ SR.040", "title": "Business Licenses, Taxes and Regulations.", "text": "SubjectReferenceAlcoholic beverages—Local authorityBus. & Prof. Code §§ 23790 – 23791Authority to license businessesGov’t Code § 37101 and Bus. & Prof. Code § 16000 et seq.Automatic checkout systemsCiv. Code § 7100 et seq.BingoPenal Code §  326.5Charitable solicitationsBus. & Prof. Code § 17510 et seq.Commercial filmingGov’t Code § 65850.1Community antenna television systemsGov’t Code § 53066 et seq.Gambling Control ActBus. & Prof. Code § 19800 et seq.Massage parlorsGov’t Code § 51030 et seq.Pet Boarding facilitiesHealth & Safety Code § 122380 et seq.Private Investigator ActBus. & Prof. Code § 7512 et seq.Taxicabs and vehicles for hireVeh. Code §§ 16500 et seq., 21100(b) and 21112 and Gov’t Code § 53075 et seq.", "history": "" }, { "guid": "44663400", "number": "§ SR.050", "title": "Animals.", "text": "SubjectReferenceAnimals generallyFood & Agric. Code § 16301 et seq.Cruelty to animalsPenal Code § 596 et seq.Dangerous and vicious dogsFood & Agric. Code § 31601 et seq.Dogs and dog licensesGov’t Code § 38792 and Food & Agric. Code § 30501 et seq.Rabies controlHealth & Safety Code § 121575 et seq.", "history": "" }, { "guid": "44663401", "number": "§ SR.060", "title": "Health and Safety.", "text": "SubjectReferenceDelinquent garbage feesGov’t Code §§ 38790.1 and 25831Fire preventionHealth & Safety Code § 13000 et seq.Fireworks (permits)Health & Safety Code § 12640 et seq.Fireworks (State Fireworks Law)Health & Safety Code § 12500 et seq.Garbage and refuse collection and disposalPub. Res. Code § 49000 et seq., and Gov’t Code § 38790Graffiti abatementGov’t Code §§ 38772 and 53069.3HospitalsGov’t Code § 37600 et seq.LitteringPenal Code § 374 et seq.Local control of cannabisBus. & Prof. Code § 26200 et seq.Medical cannabis ordinancesHealth & Safety Code § 11362.83Military equipmentGov’t Code § 7070 et seq.Noise controlHealth & Safety Code § 46000 et seq. and Gov’t Code § 65302(f)Nuisance abatementGov’t Code § 38771 et seq., and Penal Code §§ 370, 372 and 373aOil and Gas, Health Protection ZonesPub. Res. Code § 3280 et seq.Single-user restroomsHealth & Safety Code § 118600Weed and rubbish abatementGov’t Code § 39501 et seq.", "history": "" }, { "guid": "44663402", "number": "§ SR.070", "title": "Public Peace, Morals and Welfare.", "text": "SubjectReferenceCrimes against propertyPenal Code § 450 et seq.Crimes against public health and safetyPenal Code § 369a et seq.Crimes against public justicePenal Code § 92 et seq.Crimes against the personPenal Code § 187 et seq.Crimes against the public peacePenal Code § 403 et seq.Crimes involving sexual assault and against public decencyPenal Code § 261 et seq.Criminal storage of firearmsPenal Code 25100 et seq.MinorsPenal Code §§ 853.6a, 858(b); Welf. & Inst. Code Div. 2 § 100 et seq., 742.10 et seq. (graffiti)WeaponsPenal Code §§ 12001 et seq., 16000 et seq., 17500 et seq., and 19910 et seq.", "history": "" }, { "guid": "44663403", "number": "§ SR.080", "title": "Vehicles and Traffic.", "text": "SubjectReferenceAutonomous vehiclesVeh. Code §§ 38750—38755Bicycles, electric bicycles, pedicabs (definitions)Veh. Code § 231 et seq., 21100(h), 21206 and 39000 et seq.BicyclesVeh. Code §§ 21100 et seq., 21200 et seq., and 39000 et seq.Curb markingsVeh. Code § 21458Establishment of crosswalksVeh. Code § 21106Local traffic rules and regulationsVeh. Code § 21100 et seq.One-way street designationsVeh. Code § 21657Pedestrian rights and dutiesVeh. Code § 21949 et seq.PenaltiesVeh. Code § 40000.1 et seq.Speed limitsVeh. Code § 22348 et seq.Stopping, standing, and parkingVeh. Code § 22500 et seq.Through highwaysVeh. Code §§ 21101(b), 21353 and 21354Traffic control devicesVeh. Code § 21350 et seq.Traffic signs, signals and markingsVeh. Code § 21350 et seq.Turning movementsVeh. Code § 22100 et seq.Vehicle weight limitsVeh. Code § 35700 et seq.ViolationsVeh. Code § 40000.1 et seq.", "history": "" }, { "guid": "44663404", "number": "§ SR.090", "title": "Streets, Sidewalks and Public Places.", "text": "SubjectReferenceAdvertising displays; signsGov’t Code §§ 38774 and 65850(b); Bus. & Prof. Code § 5200 et seq.Constructions of sidewalks and curbsSts. & High. Code § 5870 et seq.Improvement Act of 1911Sts. & High. Code § 5000 et seq.Landscaping and Lighting Act of 1972Sts. & High. Code § 22500 et seq.Municipal parksPub. Res. Code § 5181 et seq.Obstructions and encroachments of public waysGov’t Code § 38775Tree Planting Act of 1931Sts. & High. Code § 22000 et seq.Underground utility districtsSts. & High. Code § 5896.1 et seq. and Gov’t Code § 38793", "history": "" }, { "guid": "44663405", "number": "§ SR.100", "title": "Public Services.", "text": "SubjectReferenceConnection feesGov’t Code § 66013Inventory of known lead user service lineHealth & Safety Code § 116885Municipal sewersGov’t Code § 38900 et seq., and Health & Safety Code § 5470 et seq.Municipal water systemsGov’t Code § 38730 et seq.Water wellsWater Code § 13700 et seq.", "history": "" }, { "guid": "44663406", "number": "§ SR.110", "title": "Buildings and Construction.", "text": "SubjectReferenceAdoption of construction codesHealth & Safety Code §§ 17922, 17958 and 17958.5Authority to regulate buildings and constructionGov’t Code §§ 38601(b) and 38660Inspection warrantsCode of Civ. Proc. § 1822.50 et seq.Manufactured housing and mobilehomesHealth & Safety Code §§ 18000 et seq., 18200 et seq.SignsGov’t Code §§ 38774 and 65850(b); and Bus. & Prof. Code § 5200 et seq.State Housing LawHealth & Safety Code § 17910 et seq.", "history": "" }, { "guid": "44663407", "number": "§ SR.120", "title": "Subdivisions.", "text": "SubjectReferenceSubdivision Map ActGov’t Code § 66410 et seq.", "history": "" }, { "guid": "44663408", "number": "§ SR.130", "title": "Zoning.", "text": "SubjectReferenceFamily day care homesHealth & Safety Code § 1597.30 et seq.Local authority to regulate land useGov’t Code § 65850Local planning generally (“Planning and Zoning Law”)Gov’t Code § 65000 et seq.Local zoning administrationGov’t Code § 65900 et seq.Open-space zoningGov’t Code § 65910 et seq.Zoning fees and chargesGov’t Code § 66014", "history": "" }, { "guid": "44663409", "number": "§ SR.140", "title": "Environment.", "text": "SubjectReferenceDrought tolerant landscapingGov’t Code § 53087.7Online resource center—Municipal stormwater permit complianceWater Code § 13383.9Short-lived climate pollutantsHealth & Safety Code § 39730.5 et seq., and Pub. Res. Code § 42652 et seq.The California Environmental Quality ActPub. Res. Code § 21000 et seq.The California Noise Control Act of 1973Health & Safety Code § 46000 et seq., and Gov’t Code § 65302(f)Wildfire mitigation (electric utilities and electrical cooperatives)Pub. Util. Code § 8387", "history": "" } ] }, { "guid": "44849665", "title": "HIGH DENSITY RESIDENTIAL (HDR) OVERLAY DISTRICT", "number": "40.09A", "url": "https://ecode360.com/44849665", "sha256": "77fa60e2ca210db275072cc475e11040bb44afd301a79021a58755146cb11461", "exportedArticleSha256": "a29eb2e9dc6bb1770720c169758010531b484634027b5db2178bbbf6d911432f", "sections": [ { "guid": "44849666", "number": "§ 40.09A.010", "title": "Purpose.", "text": "The purpose of this high density residential overlay district is to encourage high density residential uses on suitable infill sites to meet city housing needs, which are in addition to the permitted uses of the underlying zoning district. This overlay district is intended to foster new development with residential uses and densities that are compatible with existing allowed nonresidential uses and with adjacent neighborhoods and that support reduced vehicle trips and promote energy and resource conservation.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849667", "number": "§ 40.09A.020", "title": "Applicability.", "text": "(a) The HDR overlay district shall be applied to the area(s) defined on the High Density Residential Overlay District Zone Map (Figure 40.09A.020A), as amended, and to be identified as HDR-OZ on the General Plan Map.(b) The provisions and standards of this article apply to new residential development or new mixed use (residential with nonresidential) development proposed on sites within this overlay district.(c) New development or site changes and uses proposed under the existing underlying zoning district with no residential component on the site shall comply with the applicable standards of the underlying district.Figure 40.09.020A: High Density Overlay District4600 Fermi Place (APN: 071-425-001)Aproximately 6.98 acres", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849671", "number": "§ 40.09A.030", "title": "Minimum residential density.", "text": "Allowable density shall be as established in the General Plan designation for the site. However, all new residential or mixed use developments subject to this overlay district shall provide a minimum residential density of 20.00 units per net acre or the minimum density required by the General Plan designation, whichever is greater.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849672", "number": "§ 40.09A.040", "title": "Permitted uses.", "text": "In addition to the permitted uses of the underlying zoning district, the principal permitted uses of the HDR overlay district are as follows:(a) Dwellings, multiple.(b) Group care homes with six or fewer clients.(c) Cooperative housing, as defined in Section 40.01.010.(d) Supportive housing.(e) Transitional housing.(f) Family and group day care homes as defined in Section 40.26.270.(g) Combination of residential and the following nonresidential uses: office, commercial, research and development and laboratory uses with a B occupancy, that are either permitted in this section or the underlying zoning district. A minimum of fifty percent of the floor area of the building(s) shall be for residential uses. Combined uses may be integrated vertically in the same building or horizontally on the same site provided the residential density requirement is met.", "history": "(Ord. 2652, 1/9/2024; Ord. 2677, 11/4/2025)" }, { "guid": "44849680", "number": "§ 40.09A.050", "title": "Accessory uses.", "text": "In addition to the permitted accessory uses of the underlying zoning district, the following accessory uses are permitted in the HDR overlay district:(a) Home occupations subject to the provisions of Sections 40.01.010 and 40.26.150.(b) Swimming pools, private, subject to provisions of Section 40.26.350.(c) Signs, subject to the regulations of Section 40.26.020.(d) Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to provisions of Section 40.26.010.(e) Accessory dwelling units meeting the requirements of Section 40.26.450 (Ministerial accessory dwelling units).", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849686", "number": "§ 40.09A.060", "title": "Conditional uses.", "text": "In addition to the permitted conditional uses of the underlying zoning district, the following conditional uses may be permitted in the HDR overlay district:(a) Single room occupancy (SRO) units.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849688", "number": "§ 40.09A.070", "title": "Prohibited uses.", "text": "The following uses are prohibited in the HDR overlay district:(a) Single-family dwellings and duplexes.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849690", "number": "§ 40.09A.080", "title": "Development standards.", "text": "The zoning development standards for residential or mixed use (residential/nonresidential) developments subject to the HDR overlay district shall be as follows.(a) Lot Area. Seven thousand five hundred square feet minimum.(b) Lot Width. Seventy feet minimum, except that existing lots of record as of date of this ordinance adoption are exempt.(c) Building Height. Sixty feet maximum.(d) Yard Setback Requirements. The following minimum yards shall be required.(1) Front yard: ten feet.(2) Side yard, street: ten feet.(3) Side yard, interior: five feet.(4) Rear yard: ten feet.When the yards are adjacent to a single-family district or existing single-family development, the required minimum yards shall be increased to ten feet on the interior side and twenty feet on the rear. An additional ten feet of setback on the interior or rear sides shall be provided for any portion of the building exceeding forty feet in height.(e) Lot Coverage. Fifty percent maximum, not including accessory structures.(f) Floor Area Ratio. 2.0 maximum. Garage floor area is not included for the purposes of floor area ratio calculations.(g) Useable Open Space (Minimum Whichever is Less).(1) Ten percent of site; or(2) Total based on unit number and type:(A) Each studio or one-bedroom unit: one hundred square feet.(B) Each two-bedroom unit: one hundred fifty square feet.(C) Each additional bedroom: fifty square feet.(h) Bicycle Parking. Per Davis Municipal Code Section 40.25A.060.", "history": "(Ord. 2652, 1/9/2024; Ord. 2677, 11/4/2025)" }, { "guid": "44849715", "number": "§ 40.09A.090", "title": "Final planned development.", "text": "These standards shall serve as the final planned development standards. Developments consistent with the standards established in this overlay district are exempt from a final planned development review. However, modifications to the standards for a specific development may be allowed through approval of a revised final planned development for the site, pursuant to Davis Municipal Code Article 40.22.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849716", "number": "§ 40.09A.100", "title": "Site plan and architectural review.", "text": "Except as provided for in Section 40.09A.110, site plan and architectural approval (design review) by the director of community development and sustainability or designee shall be required for all development, pursuant to Davis Municipal Code Article 40.31.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849717", "number": "§ 40.09A.110", "title": "Ministerial approval of qualifying projects.", "text": "Qualifying residential development projects consistent with Government Code Section 65583.2(c) and (h) in which at least twenty percent of the residential units are affordable to lower income households shall be processed ministerially. Projects shall comply with all applicable development standards and requirements of this Overlay District and Davis Municipal Code and the adopted \"Design Standards for Ministerial Residential Developments.\" Qualifying to residential development projects shall also comply with inclusionary requirements in Davis Municipal Code Article 18.05 (Affordable Housing).", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849718", "number": "§ 40.09A.120", "title": "Exceptions and modifications.", "text": "Exceptions and minor modifications may be allowed pursuant to Davis Municipal Code Article 40.27.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849719", "number": "§ 40.09A.130", "title": "Conflicts.", "text": "For provisions not covered by this article or the final planned development, the provisions of Chapter 40 of the Davis Municipal Code, as amended, shall apply. Where there is a conflict between the provisions of Chapter 40 and this article, the provisions of this article shall apply.", "history": "(Ord. 2652, 1/9/2024)" }, { "guid": "44849720", "number": "§ 40.09A.140", "title": "Special conditions.", "text": "The following special conditions shall apply to any development project subject to this overlay district for the site located at 4600 Fermi Place (APN: 071-425-001).(a) Landscaped Freeway Buffer. A minimum twenty-foot-wide landscape buffer shall be provided along the southern property line. The buffer shall include one minimum fifteen-gallon evergreen tree located on-center every twenty-five feet parallel to the freeway and include a mix of shrubs and other cover plantings. Trees shall consist of approved trees from the City of Davis' Master Tree List.(b) Window Noise Ratings. Window ratings and building and improvements shall be designed so that interior noise levels do not exceed forty-five dB. Windows facing I-80 for all residential units shall include necessary upgraded STC rated windows or other construction-related facade improvements to comply.", "history": "(Ord. 2652, 1/9/2024)" } ] }, { "guid": "44876432", "title": "DOWNTOWN AND TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT (DTRN)", "number": "40.14A", "url": "https://ecode360.com/44876432", "sha256": "cb22f8389b63b4616334d817a99ee60c94280a952bc6539a238c3f0d2fde8dc1", "exportedArticleSha256": "04d3d686a529d1b45fdd578ea85110179d5db4f3b87862d007a5addaa86d4a00", "sections": [ { "guid": "44876433", "number": "§ 40.14A.010", "title": "Purpose.", "text": "The purpose of the downtown and traditional residential neighborhood overlay district and design guidelines are as follows:(a) Conserve the traditional neighborhood character, fabric and setting while guiding future development, reuse, and reinvestment;(b) Discourage the demolition of structures consistent with the district's historic character by providing incentives for reuse of nondesignated contributing structures;(c) Plan for new commercial and residential infill construction that is compatible and complementary to the character of existing neighborhood areas within the district;(d) Foster reinvestment and economic development in the core that is consistent with historic conservation; and(e) Provide guidelines to clarify the community's expectations for the type and quality of development within the district.", "history": "(Ord. 2637, 1/17/2023)" }, { "guid": "44876439", "number": "§ 40.14A.020", "title": "Applicability.", "text": "(a) The DTRN overlay district shall be applied to the area defined on the downtown and traditional residential neighborhood district map (as shown on Figure 40.14A.020).(b) Wherever the guidelines for the DTRN conflict with the existing zoning standards including planned development, the more restrictive standard shall prevail.Figure 40.14A.020: Downtown and Traditional Neighborhood Overlay District (DTRN) Map", "history": "(Ord. 2637, 1/17/2023; Ord. 2653, 1/9/2024)" }, { "guid": "44876442", "number": "§ 40.14A.030", "title": "Architectural standards and approval.", "text": "(a) The city council has adopted design guidelines for this district at a public hearing. All proposed new structures or additions to existing structures consistent with the adopted guidelines may be approved by the community development department or planning commission subject to site plan and architectural review as identified in Section 40.31.040(r) of this Code and further prescribed in the guidelines;(b) The director or designee shall utilize the downtown and traditional residential design guidelines in reviewing public and private projects within the district boundary for which site plan and architectural approval is required;(c) Site plan and architectural approval shall be required for all projects as specified in the design review process section of the guidelines;(d) The DTRN design guidelines have been adopted by the city to serve as a guide to the city staff, citizen and project proponent in regard to development within the downtown and traditional residential neighborhood district boundary; and(e) The DTRN design guidelines are approved to be consistent with and implement the general plan and core area specific plan, applicable zoning regulations, and other applicable land use regulations.", "history": "(Ord. 2637, 1/17/2023)" } ] }, { "guid": "45822018", "title": "CAMPING", "number": "26.11", "url": "https://ecode360.com/45822018", "sha256": "d7615d393cf709a96ba12ebce57b51022dacd50ade094b02b05b972ffafb111a", "exportedArticleSha256": "a8c7d97cdd5250cd1acd3c023f7c42579f8fb0add26f69b63e821a2f39035ae5", "sections": [ { "guid": "45838269", "number": "§ 26.11.010", "title": "Purpose and findings.", "text": "The streets, sidewalks and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes interferes with the rights of others to use the areas for which they are intended. Such activity also constitutes a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner and proper sanitary measures for other than a minimal duration adversely affects private property rights as well as the public health, safety, and welfare of the city. The purpose of this article is to maintain streets, highways, sidewalks, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public or private property.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838270", "number": "§ 26.11.020", "title": "Definitions.", "text": "Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.Campmeans to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.Camp facilitiesinclude, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.Camp paraphernaliaincludes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.Establishmeans setting up or moving equipment, supplies or materials on to public or private property to camp or operate camp facilities.Maintainmeans keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.Operatemeans participating or assisting in establishing or maintaining a camp or camp facility.Parkmeans the same as defined in Section 27.01.010 of Chapter 27 of this Code.Private propertymeans all private real property, including, but not limited to, improved or unimproved land.Public propertymeans all public property, including, but not limited to, streets, highways, sidewalks, alleys, improved or unimproved land, open space areas, and parks.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838280", "number": "§ 26.11.030", "title": "Unlawful camping.", "text": "It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:(a) Any public property; or(b) Any private property.(1) It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than two consecutive nights.(2) Nothing in this article is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by this Code.(3) The director of parks and community services may, as provided in Section 26.11.040 of this article, issue a temporary permit to allow camping on public or private property in connection with a special event.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838286", "number": "§ 26.11.040", "title": "Permit for special events required.", "text": "The director of parks and community services may issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events, and scouting activities. The director of parks and community services may consult with various city departments prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the city council, shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In determining whether to grant or deny a temporary permit, the director of parks and community services may consider any facts or evidence bearing on the potential nuisance, sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838287", "number": "§ 26.11.050", "title": "Posting copy of permit.", "text": "It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from director of parks and community services in accordance with the provisions of Section 26.11.040 of this article.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838288", "number": "§ 26.11.060", "title": "Power to make rules and regulations.", "text": "The director of parks and community services is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The director of parks and community services may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities. When the director of parks and community services shall issue any permit under the terms of this article, the same may be revoked at any time thereafter by the director of parks and community services, the police chief, or any code enforcement officer if they determine the maintenance or continuing operation of the camp or camp facilities is a nuisance or adverse to the public health, safety and welfare.", "history": "(Ord. 2670, 12/3/2024)" }, { "guid": "45838289", "number": "§ 26.11.070", "title": "Penalty.", "text": "(a) Any person violating or permitting violation of any provision of this article is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in California Government Code Section 36901, or successor legislation.(b) Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Chapter 1, Article 1.02.(c) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.", "history": "(Ord. 2670, 12/3/2024)" } ] }, { "guid": "48305527", "title": "LOT LINE ADJUSTMENTS AND VOLUNTARY MERGERS", "number": "36.12", "url": "https://ecode360.com/48305527", "sha256": "49e9ee8a4734cf79630ffdce6dc0ddb7eae904481c50fdfd83e17c407c66d166", "exportedArticleSha256": "485b4d48c1a7e652d0191cb4d5e06c5d4b59b90be7f07ecf8fd655691ee3a7c5", "sections": [ { "guid": "48305530", "number": "§ 36.12.010", "title": "Purpose.", "text": "The purpose of this article is to establish procedures and standards governing lot line adjustments and voluntary mergers within the City of Davis, in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.). The intent of these provisions is to ensure that such actions further the goals and policies of the City of Davis General Plan, are consistent with applicable zoning and development standards, and promote the orderly and efficient subdivision and development of land. It is further the intent of this article to prevent the creation of parcels that are inconsistent with established planning, zoning, and building regulations, to facilitate clear and accurate property boundaries, and to provide an efficient, transparent, and legally compliant process for property owners seeking to adjust or merge parcels under common ownership.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305531", "number": "§ 36.12.020", "title": "Applications required.", "text": "An application on a form provided by the city shall be filed with the community development director:(a) Whenever a lot line is adjusted between four or fewer parcels provided that a greater number of parcels than originally existed will not be created.(b) Whenever two or more adjacent lots are to be merged voluntarily pursuant to Section 66499.20.3 of the Subdivision Map Act.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305534", "number": "§ 36.12.030", "title": "Lot Line adjustment and Voluntary Merger Applications — Information and Maps.", "text": "Lot line adjustment and voluntary merger applications filed pursuant to this article shall include all of the following:(a) A completed application made on a form provided by the community development director.(b) A preliminary title report current within the previous six months for all properties involved.(c) A site plan which shows the following:(1) The date of preparation, a north arrow, and scale of the map;(2) If the map is based on a survey, the date of the survey;(3) A vicinity key map of appropriate scale covering sufficient adjoining territory to clearly indicate the nearby street patterns, major access streets, property lines, and other adjacent properties;(4) A statement of existing and proposed zoning and existing and proposed uses of the property;(5) Boundaries and dimensions of the property(ies) involved in the application, with sufficient information to locate all existing and new property lines of each lot;(6) Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems;(7) The location and general description of any trees with notations as to their specimen type, and other significant natural features, and their retention or destruction;(8) The approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the project which would affect the use of the property;(9) The location of all structures which are to be retained or removed within the project boundaries and their distances other structures and existing or proposed street and lot lines;(10) The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes, shown by dashed lines, within and adjacent to the project boundaries;(11) The location, width and directions of flow of all watercourses;(12) The locations, widths and names or designations of all existing streets, alleys, pedestrian ways and other rights-of-way, whether public or private, within and adjacent to the project;(13) Any planned line for street widening or for any other public project in and adjacent to the project; and(14) The total area in square footage or acreage to the nearest one-tenth acre of each existing lot and each resulting lot.(d) Deeds to convey interest in the property, including legal descriptions of the areas being conveyed, to complete the transaction shall be submitted in a form approved by the city attorney (all deeds shall be in a form suitable for recordation at the county recorders office); except for voluntary mergers.(e) Legal descriptions of each new resulting lot for recordation.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305554", "number": "§ 36.12.040", "title": "Application review.", "text": "The city engineer shall review the lot line adjustment or voluntary merger application for compliance with the requirements in Section 36.12.030. The city engineer shall notify the applicant whether or not all required information for the lot line adjustment or voluntary merger application has been submitted. If the application is determined to be incomplete, the city engineer shall specify those parts of the application which are incomplete. An application for a lot line adjustment or voluntary merger shall not be processed until the application complies with all of the requirements in Section 36.12.030.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305555", "number": "§ 36.12.050", "title": "Application referral.", "text": "Once an application is determined complete, the city engineer shall refer copies of the application to any city department, local agency or other individual or group the city engineer believes may have an interest. If no response is received within 21 calendar days of the referral date, the city engineer will assume that the outside agency has no comment to make.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305556", "number": "§ 36.12.060", "title": "Approval, conditional approval or denial by city engineer.", "text": "Upon completion of the referral period, the city engineer shall approve, conditionally approve, or deny the application in accordance with the requirements of this title. The city engineer may attach conditions to the approval of a lot line adjustment and voluntary merger to facilitate the following:(a) Compliance with the General Plan, Zoning Ordinance, and applicable specific plan. If the parcels or structures are nonconforming with respect to Zoning Ordinance requirements, a lot line adjustment shall not increase the degree of nonconformance;(b) Compliance with the local building regulations, including the California Building Code;(c) Payment of real property taxes prior to approval of the lot line adjustment or voluntary merger; and(d) The relocation of existing infrastructure or easements.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305561", "number": "§ 36.12.070", "title": "Withdrawal by applicant.", "text": "Requests for withdrawal of any application pursuant to this title shall be submitted to the city engineer in writing prior to the effective date of the application, as described in Section 36.12.040. Upon receipt of such request, the city engineer shall notify all concerned parties of the withdrawal. A refund of the filing fee shall be made in accordance with adopted resolutions and ordinances in effect at the time the withdrawal is made.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305562", "number": "§ 36.12.090", "title": "Notice of decision.", "text": "Within two working days of the decision by the city engineer, the community development director shall provide notice of the decision to the applicant at the address appearing on the application, or to such other address designated in writing by the applicant. The notice shall contain the following information:(a) Findings upon which the decision was based;(b) The environmental document prepared and date ratified, unless exempt;(c) The action of the city engineer;(d) Conditions of approval;(e) An application expiration date and renewal requirements;(f) Notice of the appeal period and brief description; and(g) Notice of need to pursue administrative remedies.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305570", "number": "§ 36.12.100", "title": "Effective date.", "text": "A decision by the city engineer to approve a ministerial application shall be effective upon the approval date.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305571", "number": "§ 36.12.110", "title": "Assignment of approval or conditional approval.", "text": "An approved or conditionally approved lot line adjustment or voluntary merger application is assignable, but an assignment does not discharge any conditions or obligations of the application. If an approved or conditionally approved application is reassigned, notice shall be given to the city engineer within thirty calendar days of the reassignment. Such notice shall include the name(s) and address(es) of the \"party(ies)\" assuming the approved or conditionally approved application.", "history": "(Ord. 2678, 11/4/2025)" }, { "guid": "48305572", "number": "§ 36.12.120", "title": "Recordation.", "text": "(a) All lot line adjustments and voluntary mergers approved or conditionally approved pursuant to this article shall expire twelve months after the approval date unless:(1) The lot line adjustment or voluntary merger is reflected in a recorded deed; and(2) A certificate of compliance for each affected parcel is been recorded by the city engineer.(b) A record of survey shall not be required unless required by Business and Professions Code Section 8762.(c) Expiration of the approval shall automatically terminate all proceedings, and no documents which would transfer all or a portion of the real property involved shall be filed. However, the subsequent processing, approval and recordation of the documents may lawfully occur after the date of the expiration of the approval if the required documents have been submitted to the city engineer prior to the expiration date.", "history": "(Ord. 2678, 11/4/2025)" } ] }, { "guid": "50076686", "title": "INTERACTION WITH IMMIGRATION AUTHORITIES", "number": "10.06", "url": "https://ecode360.com/50076686", "sha256": "38baf8df0e8de35047f2eda2d172200969837964666f8cf7694c890a42008852", "exportedArticleSha256": "482afe13a245af22aa29836a27cc3c084d6fae3c81517ce5be14a3fcd4adf240", "sections": [ { "guid": "50076687", "number": "§ 10.06.010", "title": "Definitions.", "text": "\"Citizenship\" or \"immigration status\"means all information or classification regarding citizenship or immigration status of the United States or any other country, place of birth, the authority to reside or otherwise be present in the United States, including visa or other status, lack of U.S. immigration status, and the time or manner of a person's entry into the United States.\"City\"means the City of Davis and any territory outside the boundaries of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control.\"Immigration authorities\"means any federal, state, or local officer, employee, or person performing immigration enforcement functions.\"Immigration enforcement\"includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a natural person's presence in, entry, reentry, or employment in, the United States.", "history": "(Ord. 2686, 4/7/2026)" }, { "guid": "50076692", "number": "§ 10.06.020", "title": "Use of city resources.", "text": "No city department, agency, commission, officer, agent, representative, or employee may use city resources, including, but not limited to, equipment, tools, facilities, property, personnel, time, labor, or funds to:(a) Request, collect, store, or maintain information about a person's citizenship or immigration status, or information that can be used to determine or trace a person's citizenship or immigration status except where such information is specifically authorized in writing by the person or their legal counsel, except as required by federal or state law, or court order.(b) Investigate, stop, detain, arrest, interrogate, hold, house, cite, or transfer any person for the purpose of immigration enforcement, including on the basis of an administrative warrant, deportation, exclusion or removal order, or other civil immigration document based solely on alleged violations of civil provisions of immigration laws, except as required by a court order or judicial warrant, as defined in California Government Code § 7284.4(i).(c) Assist, participate in, support, facilitate, or cooperate with requests by immigration authorities to stop, detain, arrest, investigate, interrogate, hold, house, or transfer any person in the custody of the city, or make any person in city custody available to immigration authorities for the purpose of immigration enforcement, unless pursuant to a court order or judicial warrant, as defined in California Government Code § 7284.4(i).(d) Assist, participate in, support, facilitate or cooperate in traffic enforcement or crowd control (except as required to protect life or property) for the purpose of aiding immigration enforcement.(e) Communicate with immigration authorities regarding an individual's identity, including any information that identifies or describes an individual, including, but not limited to, an individual's name, social security number, tax identification number, driver's license number, license plate number, physical description, biometric information other than fingerprints, race, color, ethnicity, ancestry, native language or language proficiency, sex, gender, gender identity, gender expression, age, disability, medical condition, genetic information, marital status, sexual orientation, religion, location, past location, movements, home or work address, home or work telephone number, contact information, emergency contact information, social media identifiers, status as a recipient of public assistance or as a crime victim, release status, or time, date, or place of release, except as authorized in writing by the individual or their legal counsel, or pursuant to court order or judicial warrant as defined in California Government Code § 7284.4(i). This information may be communicated in documents provided to the individual or their legal counsel at the written request of the person or their legal counsel.(f) Provide immigration authorities access to a person detained by or in the custody of the city, or access to or use of non-public property owned or controlled by the city, including jails, stations, holding cells, meeting or conference rooms, and databases, unless pursuant to a court order or judicial warrant, as defined in California Government Code § 7284.4(i).(g) Allow immigration authorities access to resources owned or controlled by the city for purposes of staging, processing, or establishing an operational base for immigration enforcement.(h) Enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law.", "history": "(Ord. 2686, 4/7/2026)" }, { "guid": "50076701", "number": "§ 10.06.030", "title": "City contractors.", "text": "As a condition of the receipt and use of public funds, city contractors shall abide by the restrictions set forth in Section 10.06.020 to the same extent as the city.", "history": "(Ord. 2686, 4/7/2026)" }, { "guid": "50076702", "number": "§ 10.06.040", "title": "Use of public property and facilities.", "text": "In consultation with appropriate stakeholders, the city shall develop policies for public areas of property and facilities administered, operated, or controlled by the city to ensure that all such property and facilities remain safe and accessible to all residents regardless of citizenship or immigration status, and that limit immigration enforcement on their premises to the fullest extent possible consistent with federal and state law. The city shall also make such policies available as a model to properties and facilities owned, administered, operated, or controlled by other local governmental agencies, including Yolo County and Davis Joint Unified School District.", "history": "(Ord. 2686, 4/7/2026)" }, { "guid": "50076703", "number": "§ 10.06.050", "title": "Reporting of immigration authority requests.", "text": "(a) Any city employee who receives a request from an immigration authority for access to city records, equipment, tools, funds, property, or non-public areas of city facilities shall immediately notify their supervisor.(b) Supervisors shall notify the city manager, who shall maintain a record of all such requests.(c) The city manager shall provide an annual public report to the city council summarizing the requests described in subsection (a), including the number and general nature of requests received from immigration authorities for access to city records, property, or non-public areas of city facilities, and the city's response to those requests. The report shall not include personally identifying information or information prohibited from disclosure under state or federal law.", "history": "(Ord. 2686, 4/7/2026)" } ] }, { "guid": "50076761", "title": "SAFE PARKING PROGRAM", "number": "26.12", "url": "https://ecode360.com/50076761", "sha256": "322360717f3f04d640c7fde158a5ed5f2405a1a3840e694b5ef76a0b9b73bef4", "exportedArticleSha256": "08b43e513a98e2a11c7e89c70fca315f0bc9489dd89618d7a823cbffcca55f41", "sections": [ { "guid": "50076762", "number": "§ 26.12.010", "title": "Purpose and finding.", "text": "The purpose of this article is to establish regulations governing the operation of safe parking host sites within the City of Davis, ensuring the safety and welfare of individuals using their vehicles as shelter, and to adopt performance standards and permitting guidelines for these safe parking host sites.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076763", "number": "§ 26.12.020", "title": "Permit required.", "text": "No safe parking host site shall be established or maintained unless and until a safe parking host site permit has been issued by the director of the social services and housing department or their designee.No more than five safe parking host site permits may be active at any given time.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076764", "number": "§ 26.12.030", "title": "Permit application.", "text": "Any person or organization desiring to operate a safe parking host site under this article shall submit a safe parking host site permit application to the social services and housing department. The application shall be on a form approved by the director of the social services and housing department and include the following:(a) Location. A safe parking host site is a permitted use for commercial, industrial, and residential areas, provided it is located in conjunction with an existing and properly permitted community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center, or quasi-public facility, and a safe parking site host permit has been issued for that site as provided in subsection (b) of this section.(b) Ministerial Safe Parking Host Site Permit. A safe parking host site shall not be established or maintained unless a ministerial safe parking host site permit has been issued and is in full force and effect.(1) Scope. The safe parking host site permit shall allow safe parking as an ancillary use to the permitted primary community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center, or quasi-public facility.(2) Submittal Requirements. An application for a safe parking host site permit shall be submitted to the social services and housing department, and shall include the following:(A) A site plan showing the proposed location of required facilities listed in subsection (d)(6) of this section, parking spaces designated for safe parking, and setbacks to adjacent properties as required per subsection (d)(11) of this section;(B) A site management and operations plan describing the proposed functions of the site, including:(i) A list of other uses conducted on the site and their hours of operation, demonstrating that the primary use will not conflict with the safe parking use;(ii) The number of safe parking spaces provided and the days and hours the spaces will be available for safe parking, pursuant to site zoned parking regulations;(iii) A description of program management, including procedures for site monitoring, participant screening, and provision of facilities and services;(iv) A description of how waste disposal, including both greywater disposal and trash disposal, shall be managed by the host site according to best management practices;(v) A description of how the site will meet the performance standards as provided in subsection (d) of this section; and(vi) Any additional or supplemental information as is reasonably necessary to verify or clarify that the proposal meets the requirements of this article or any other provision of the Davis Municipal Code, or to determine appropriate permit conditions or limitations.(c) Inspection Requirement. Prior to the approval of a safe parking host site permit, City staff shall perform an inspection of the site to ensure compliance with the safe parking site standards set forth in subsection (d) of this section. The city reserves the right to make unannounced site inspections at any time.(d) Safe Parking Host Site Standards. The director of the social services and housing department or designee, may issue a safe parking host site permit when the applicant has demonstrated that they would meet all the following performance standards:(1) Operation. Safe parking host sites shall be operated as an ancillary use subordinate to or part of the principal use at an existing facility.(2) Approved Site Management and Operations Plan. Safe parking host sites shall have a site management and operations plan approved by the social services and housing department director or their designee.(3) Hours of Operation. On any night that safe parking is offered at a safe parking host site, the safe parking host site shall operate for a minimum of ten hours. The specific hours of operation for each site, including additional hours up to and including 12-hour operation, shall be established with approval of the safe parking host site permit and zone parking regulation of the original purpose of the site.(4) Types of Vehicles Permitted. Safe parking host sites shall be used only by operable cars and vans that have received a valid permit from the site operator to park at a specific safe host parking site. For the purposes of this subsection, \"operable\" shall mean that the vehicle is not missing any significant component part and can be driven on and off site without assistance.(5) Maximum Number of Participants. No more than eight inhabited vehicles shall be allowed to park at a safe parking host site at one time. The number of people permitted in a vehicle should be equivalent to the number of seats in the vehicle, unless otherwise authorized.(6) Facilities. Restroom, potable water, and trash facilities shall be provided, maintained in a clean and orderly manner, and accessible to participants on the site during safe parking hours.(7) Security. The safe parking host site shall provide staff, trained in security and fire watch, to monitor parking activities during safe parking hours of operation.(8) Vehicle Clearances. A minimum clearance of six feet shall be maintained between any vehicle used for safe parking and any other vehicle.(9) Fire Safety. Communal fire extinguisher(s) shall be provided such that there is one fire extinguisher located within seventy-five feet of each inhabited vehicle.(10) Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established circulation patterns on site. The site shall maintain adequate emergency vehicle access and access to fire protection systems, as determined by the fire marshal or their designee.(11) Setbacks from Property Lines. Designated safe parking spaces for cars and vans and any outside portable facilities, shall be located a minimum of ten feet from any property line.(12) Setbacks from Buildings. All vehicles shall be located at least ten feet from any other building or structure located on the property.(13) Noise. Safe parking host sites shall observe quiet hours between 10:00 pm and 7:00 am in accordance with Davis Municipal Code Section 24.02.020. Use of generators shall be prohibited during quiet hours.(14) Posting. The safe parking host site address and phone number for a representative of the site operator shall be posted in a visible location on the safe parking host site.(15) Exterior Storage Prohibited. Outdoor storage around parked vehicles shall be prohibited. Tents, tarps, and other temporary outdoor shelters, either affixed to a participant's vehicle or freestanding, shall be prohibited.(16) Fire Prohibited. Fires, heaters, barbeque grills, and other outdoor cooking or warming appliances shall be prohibited.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076795", "number": "§ 26.12.040", "title": "Permit denial.", "text": "The director of the social services and housing department shall deny a safe parking host site permit, including but not limited to, in the following circumstances:(a) The application is incomplete, or information contained in the application is found to be false in any material detail;(b) The application fails to demonstrate an ability to operate a safe parking host site while meeting the requirements in this article;(c) The director determines there is an over concentration of social services in an area;(d) The director determines there is an adequate number of safe parking host sites to serve the city's needs; or(e) Any other reason at the discretion of the director.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076801", "number": "§ 26.12.050", "title": "No permit fee required.", "text": "No fee shall be required for the processing of a safe parking host site permit application or issuance of a safe parking host site permit.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076802", "number": "§ 26.12.060", "title": "Term.", "text": "A safe parking host site permit issued under this article shall be valid for a term of one year from the date of issuance. At least thirty days prior to the expiration of any safe parking host site permit, the permit holder may apply for renewal of the permit or for a new permit by contacting the director of the social services and housing department or designee.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076803", "number": "§ 26.12.070", "title": "Grounds for permit suspension and revocation.", "text": "The director of the social services and housing department, fire marshal, or the police chief may modify, suspend or revoke a safe parking host site permit issued under this article. The following shall constitute grounds for suspension or revocation:(a) The conditions of approval have been or are being violated;(b) Operation of the safe parking host site violates any provision of the permit, this article, other applicable provisions of the Davis Municipal Code, or other applicable law;(c) Existence of unsafe conditions that pose a risk to public health, safety, or welfare at the safe host parking site or in the surrounding area.", "history": "(Ord. 2683, 2/17/2026)" }, { "guid": "50076807", "number": "§ 26.12.080", "title": "Appeals.", "text": "(a) An applicant or permittee who desires to appeal a decision with respect to a safe parking host site permit condition, denial, suspension, or revocation may appeal the decision by submitting a written notice thereof to the city manager or their designee within ten calendar days from the date of service of the notice of the decision. The notice of appeal shall set forth in detail all of the facts supporting the appellant's request.(b) In the event an appeal is filed to challenge a suspension or revocation, the suspension or revocation shall remain in effect until the final decision has been rendered by the city manager or their designee.(c) The city manager or their designee shall serve as the hearing officer.(d) Upon receipt of an appeal timely-filed pursuant to this section, the hearing officer shall calendar it for hearing within thirty business days.(e) The appellant shall be notified in writing of the time and place set for the hearing.(f) Hearings shall be conducted in accordance with the procedures established by the hearing officer. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to relay in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.(g) Unless otherwise specifically provided by law, in any hearing under this article, the burden is on the appellant to prove that the determination of the director of the social services and housing department or their designee was unreasonable and an abuse of discretion.(h) The hearing officer shall, within ten business days of the conclusion of the hearing, issue a written decision on the appeal supported by findings. Notice of the hearing officer's decision shall be mailed to the appellant.(i) The decision of the hearing officer shall be final.", "history": "(Ord. 2683, 2/17/2026)" } ] }, { "guid": "50471549", "title": "SIDEWALK MAINTENANCE, REPAIR", "number": "35.09", "url": "https://ecode360.com/50471549", "sha256": "4a662b1e3858c748b2f89f8fab38bbe046fb9b0c27b9757e760aa4f2020f7f44", "exportedArticleSha256": "dba66fe3a328d55a159a8a7fef5cb102892446e676b2ebed335b6c126edeb28a", "sections": [ { "guid": "50471550", "number": "§ 35.09.010", "title": "Purpose.", "text": "The purpose of this article is to require property owners to maintain and repair sidewalks adjacent to their property in a safe and non-dangerous condition. This article is intended to protect the health, welfare and safety of the city residents and visitors by establishing regulations for the maintenance and repair of sidewalks consistent with the California Streets and Highways Code.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471551", "number": "§ 35.09.020", "title": "Definitions.", "text": "Defective sidewalkmeans a sidewalk where, in the judgment of the director, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk is in such a condition as to endanger property or persons using the sidewalk in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.Directormeans the public works director of the City of Davis or designee.Sidewalk or sidewalk areameans that portion of the public street right-of-way, between the curb or curb line and the adjacent sidewalk or property line, including, but not limited to, curbs, gutters, parking strips, bulkheads, retaining walls, or other works for the protection of any sidewalk area. A sidewalk may be located on private property or may be located on public property that abuts private property.Property owner or ownermeans and includes, without limitation, the fee owner(s) of real property, their agents, or the person(s) in possession of the real property.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471552", "number": "§ 35.09.030", "title": "Duty of property owner to repair and maintain sidewalk.", "text": "(a) The property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk shall repair and maintain the sidewalk in a safe and non-dangerous condition at the owner's cost and expense. The property owner shall have the duty to perform such repair and maintenance, whether or not the city has notified the property owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.(b) For the purposes of this article, maintenance and repair of the sidewalk shall include, but not be limited to, maintenance and repair of sidewalk surfaces including grinding, removal and replacement of sidewalk areas, repair and maintenance of curbs and gutters, removal and filling or replacement of planting strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs.(c) Notwithstanding the above, the property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk shall not be responsible for sidewalk damage if the damage is caused by a utility structure, telephone pole or structure, storm drain, cable television structure, fire hydrant, or similar utility structure. For this exception to apply, the property owner must have notified the appropriate utility company of any obvious damage or defects in the sidewalk.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471553", "number": "§ 35.09.040", "title": "(Reserved)", "text": "", "history": "" }, { "guid": "50471554", "number": "§ 35.09.050", "title": "Notice to repair sidewalk.", "text": "(a) Where the director has actual knowledge of the existence of a defective sidewalk, the director may give written notice to repair the defective sidewalk to the owner of the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk.(b) The director shall provide notice to repair to the owner in accordance with procedures set forth in California Streets and Highways Code Sections 5611 through 5615.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471562", "number": "§ 35.09.060", "title": "Permits required for sidewalk repairs.", "text": "Prior to repairing the sidewalk, the owner shall obtain all permits as may be required by the city, including, but not limited to, an encroachment permit issued in accordance with Davis Municipal Code Section 35.01.040. The permit fee in connection with the repair and maintenance of sidewalks pursuant to this article shall be waived.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471563", "number": "§ 35.09.070", "title": "Failure to make required sidewalk repairs.", "text": "If the property owner does not repair the sidewalk as required by the notice provided pursuant to Section 35.09.050, the director may cause the repair work to be completed by the city. The director must provide the owner notice that the city will complete the repair work no less than twenty-four hours before commencement of the work. The cost of the city’s work, including inspection costs and administrative overhead incurred by the city, will be assessed against the owner.", "history": "(Ord. 2687, 5/5/2026)" }, { "guid": "50471566", "number": "§ 35.09.080", "title": "Assessment proceedings for sidewalk repair costs.", "text": "The procedure for collecting sidewalk maintenance and repair costs shall be in accordance with California Streets and Highways Code Sections 5616 through 5630.", "history": "(Ord. 2687, 5/5/2026)" } ] } ] }