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17.42. 010 Foregoing regulations subject to this chapter.

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter. (Prior code Appx. A, § 1100)

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17.42. 020 Clarification of ambiguity.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretations, which resolution shall be forwarded to the city council and, if approved by the city council, thereafter such interpretation shall govern. (Prior code Appx. A, § 1101)

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17.42. 030 Indicated potential classifications.

Where areas are shown upon the zoning map enclosed within a dashed line, the area thus shown is intended to approximate the location of the areas to be reclassified for the type of land use indicated by the symbol therein enclosed with a circle. Such future classification designation shall be a part of the zoning map and may be adopted or amended only in the manner prescribed for the reclassifying of property as required in Chapter 17.66. Uncircumscribed symbols shown within such areas represent the classification of such properties until they are processed as set forth herein.

The designation of a future classification is based on a recognition of the suitability of location for the type of use indicated by circumscribed symbol and the impracticability of precisely classifying such property for particular types of use until such lands are precisely designed and precisely planned so as to established location and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to zoning. (Prior code Appx. A, § 1102)

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17.42. 040 Translating potential classification to permissible use.

Types of land-use indicated by circumscribed symbols within areas identified on the zoning map by a dashed line may be activated and made permissible uses by the adoption of a precised plan of design for the area. Such precise plan shall be adopted as a part of the proceedings for the reclassification of property to the indicated potential zone as provided in Chapter 17.66 and the map adopted thereby shall constitute an amendment to the zoning map. This precise plan shall by map, diagram or test, or all of them, indicate the boundaries, design, arrangement and dimension of any streets, alleys, parking areas, building sites and similar features pertinent to precised zoning. The comprehensive provisions of such precise plan shall take precedence over the individual provisions of this ordinance covering subjects such as parking, yards, etc. (Prior code Appx. A, § 1103)

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17.42. 050 Land may be used in accordance with precised plan.

In order to assure that the purpose and provisions of a formally-adopted precised plan of record shall be conformed to, the land reclassified within any precised plan shall be limited exclusively to such uses as are first permitted in the zone in which it is classified. (Prior code Appx. A, § 1104)

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17.42. 060 Temporary real estate office.

One temporary real estate office and one temporary real estate billboard may be located on any new subdivision in any zone, provided that such office and billboard if in any R zone shall be removed at the end of one year from the date of recording of the map of the subdivision upon which said office and billboard are located. (Prior code Appx. A, § 1106)

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17.42. 070 Temporary construction buildings.

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary structure may not be maintained for a period exceeding one year. (Prior code Appx. A, § 1107)

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17.42. 080 Storage of trailers.

The storage of one trailer on any lot of record is permissive provided such trailer is not used for living or sleeping purposes while on the premises, is not connected to any sewer or water facility and is not located in any required front or side yard. (Prior code Appx. A, § 1108)

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17.42. 090 Limitation on occupancy by unrelated persons.

Regardless of the zone therein, the number of unrelated persons who may occupy any premises shall not exceed the following limitations:

1. Single-Family and Two-Family Premises. Regardless of the number of rooms and sleeping rooms, not more than three unrelated persons per dwelling unit.
2. Multifamily Premises (Three or More Units). For the number of bedrooms or sleeping rooms indicated per unit, not more than the number of unrelated persons indicated per unit:

(Prior code Appx. A, § 1116)

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17.42.100 Residential density bonuses.

As required by California Government Code Section 65915, a project of five or more units shall be allowed a density increase of twenty-five percent above the maximum permitted density in the zone if the project complies with one or more of the following criteria:

1. At least twenty percent of the total units in the project, excluding the density bonus, are restricted to rental or purchase by persons and families of lower income as defined in California Health & Safety Code Section 50105; or
2. At least ten percent of the total units in the project, excluding the density bonus, are restricted to rental or purchase by very low income households, as defined in California Health & Safety Code Section 50105; or
3. At least fifty percent of the total units in the project, excluding the density bonus, are restricted to persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development; or
4. At least twenty percent of the total dwelling units in a condominium project, excluding the density bonus, are restricted to persons and families of moderate income, as defined in California Health & Safety Code Section 50093; or
5. At least thirty-three percent of the total units, excluding the density bonus, of a condominium project which is a conversion from existing apartments, are restricted to the purchase by persons and families of low or moderate income as defined in California Health & Safety Code Section 50093; or
6. At least fifteen percent of the total units, excluding the density bonus, of a condominium project that is a conversion from existing apartments, are restricted to purchase by lower income households as defined in California Health & Safety Code Section 50079.5.

In addition, at least one of the additional concession or incentive set forth in Government Code Section 65915(j) shall be offered for projects supplying low or moderate income housing utilizing a 25 percent density bonus, unless the decision making body finds in writing that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Health & Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915 (c). Alternatively, in lieu of the above, the City may offer other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit.

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17.42.110 Medical Marijuana Dispensaries Prohibited.

1. Definitions
   1. “Marijuana” shall have the same meaning as the definition of that word in Health and Safety Code Section 11018.
   2. “Medical Marijuana” means marijuana authorized for personal medical use in compliance with Health and Safety Code Section 11362.5, et seq.
   3. “Medical Marijuana Dispensary” means any facility or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more persons with identification cards or qualified patients, or any facility where qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute marijuana for medical purposes under the authority of California Health and Safety Code section 11362.5, et seq. Medical Marijuana Dispensary shall not include the following uses, so long as such uses comply with this Code, the California Health and Safety Code Section 11362.5, et seq., and other applicable law:
      1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
      2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
      3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
      4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
      5. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
   4. “Person with an Identification Card” shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7.
   5. “Primary Caregiver” shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7.
   6. “Qualified Patient” shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7.
2. Medical marijuana dispensaries prohibited. Medical marijuana dispensaries are prohibited in all zones throughout the City.
3. Violations and remedies.
   1. Criminal penalties. Any violation of any provision of this chapter shall be deemed a misdemeanor and shall be punishable in accordance with Chapter 1.04.

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