Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTION OF ZCA 2024-03 – TITLE 17 ZONING BY ADDING,
AMENDING, AND DELETING VARIOUS CHAPTERS AND SECTIONS
THAT: AMENDS CHAPTER 17.02 TITLE AND DEFINITIONS;
AMENDS CHAPTER 17.06 ZONES AND ZONING MAP; AMENDS
CHAPTER 17.18 ESTATE RESIDENTIAL ZONE; AMENDS CHAPTER
17.37 OS-OPEN SPACE ZONE; ADD CHAPTER 17.38 PF-PUBLIC
FACILITY ZONE; DELETE EXISTING CHAPTER 17.38 P-PARKING
ZONE; DELETE CHAPTER 17.40 D-ARCHITECTURAL DESIGN
ZONE; DELETE CHAPTER 17.42 B-BUFFER ZONE; ADD CHAPTER
17.42 SZ-SCHOOL ZONE; AMEND CHAPTER 17.45 PLANNED UNIT
DEVELOPMENT DISTRICT; AMEND CHAPTER 17.48 AUTOMOBILE
PARKING REQUIREMENTS; ADD CHAPTER 17.83 AGRICULTURAL
PRESERVES/WILLAMSON ACT MANAGEMENT AND
ACKNOWLEDGE THAT THE CODE AMENDMENTS ARE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City Council desires to amend Title 17 Zoning, Proposed Ordinance; and WHEREAS, on June 18, 2024, after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2024-11, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on July 09, 2024, the City Council introduced and conducted the first reading of the ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2024-03 - Title 17 Zoning by Adding, Amending, and Deleting Various Chapters and Sections That: Amends Chapter 17.02 Title and Definitions; Amends Chapter 17.06 Zones and Zoning Map; Amends Chapter 17.18 Estate Residential Zone; Amends Chapter 17.37 OS-Open Space Zone; Add Chapter 17.38 PF-Public Facility Zone; Delete Existing Chapter 17.38 P-Parking Zone; Delete Chapter 17.40 D-Architectural Design Zone; Delete Chapter 17.42 B-Buffer Zone; Add Chapter
17.42 SZ-School Zone; Amend Chapter 17.45 Planned Unit Development District; Amend Chapter 17.48 Automobile Parking Requirements; Add Chapter 17.83 Agricultural Preserves/Willamson Act Management; and
WHEREAS, The City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended ordinances for the permitting
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. and regulation of certain uses within the city, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)).
WHEREAS, the City Council finds the code amendments are not located next to any scenic highway or resources, nor located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code, the code amendments do not include physical development, the code amendments do not affect any site that could qualify as historical resources and no structures are to be demolished due to the adoption of the code amendments, nor would the code amendments have a significant adverse impact on a historic resource. The City Council finds that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance.
WHEREAS, prior to the July 9, 2024, the City Clerk caused a public notice, Notice by The Arvin City Council Of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2024-03; and WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning Adding and Amending Various Chapters and Sections of Title 17 Zoning.
NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:
Section 1. The Recitals set forth above are true and correct and incorporated herein.
Section 2. The City Council finds and determines that the amendment and addition to Title 17 as contemplated by this Ordinance, the preparation and adoption of the ordinance is exempt under CEQA.
Section 3. The City Council hereby adopts the amendment and addition to Title 17 Zoning as contemplated by this Code Amendments as follows:
1. Amend Chapter 17.02 Title and Definitions: Section 17.02.505 Planning director - City Planner – Planner – Community Development Director. "Planning director – City Planner-Community Development Director" herein referred as the Planner shall refer to that person designated by the city manager as the individual or individuals assigned to perform the duties of the Planner. The City Manager may appoint and designate an individual or individuals to perform the duties of the Planner. The City Manager, or designee, shall serve as the Planner in the absence of such an appointment. "Planning director" shall refer to that person designated by the city manager as the planning director. In the absence of a planning director, the "director of administrative services" shall mean the "planning director" for all references to "planning director" in the Arvin Municipal Code. In the absence of a director of administrative services, the city manager, or designee, shall serve as the "planning director" for all references thereto in the Arvin Municipal Code. (Ord. No. 456, § 4(Exh. A, § 1), 2-26-2019)
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
2. Amend Chapter 17.06 Zones and Zoning Map; Section 17.06.010 Zones established. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height, bulk and construction of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, twenty-six (26) classes of land zones are established to be known as follows:
R-1 Single-Family Dwelling Zone
R-2 Two-family dwelling zone
R-3 Limited multiple-family dwelling zone
R-4 Multiple-family dwelling zone
R-S Suburban residential zone
E Estate zone DELETE July 2024
E-1 Estate zone
E-2 Estate zone
E-3 Estate zone
E-4 Estate zone
E-5 Estate zone
C-O Professional office zone
N-C Neighborhood commercial zone
C-1 Restricted commercial zone
C-2 General commercial zone
M-1 Limited manufacturing zone
M-2 Light manufacturing zone
M-3 General manufacturing zone
A-1 Light agricultural zone
A-2 General agricultural zone
OS Open space
P Automobile parking zone DELETE July 2024
PF Public Facility Add July 2024
SZ School Zone Add July 2024
D Architectural design zone DELETE July 2024
B Buffer zone DELETE July 2024
P-D Precise development zone DELETE July 2024
PUD Planned Unit Development - Add July 2024
MUO Pedestrian-oriented mixed-use overlay zone
3. Amend Section 17.06.020 Zoning map—Adopted. The official zoning map for the city, which map is entitled “Zoning Map, City of Arvin, is on file at the City Clerk’s office. The official zoning map may be amended from time to time.
There is adopted an official land use or zoning map for the city, which map is endorsed "Zoning Map, City of Arvin, June 8, 1965, Arvin City Planning Commission” and bears the following certificate:
"We hereby certify that this official 'zoning map' was adopted in this form by resolution of the planning commission of the City of Arvin, County of Kern, State of California, at a regular meeting thereof held on June 8, 1965, and as revised by the city
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. council after the public hearing which was reported on and approved by the Planning Commission on the 6th day of July, 1965, in the manner provided by law. "Harry Swanson
Chairman
Violet M. Collins
Secretary,"
And which map embraces the entire incorporated area of the city. The Official Zoning Map An exact copy of the map is attached to the ordinance codified in this title and is adopted as the official land use zoning map of the city, as though fully set forth in this title.
(Ord. 52 §1, 1965).
4. Amend Chapter 17.18 Estate Zones, Section 17.18.010 E zone regulations.
All regulations in the E estate zone shall be the same as in the R-1 zone, except as listed below: follows:
Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than ten thousand (10,000) square feet.
(Ord. 51 §801, 1965).
5. Amend Chapter 17.37 OS Open Space Zone, Section 17.37.010 Applicability; Amend subsection B and add subsection C as follows:
B. The purpose of the OS zone is to provide appropriate locations in the community for a wide range of open space uses, such as parks and playgrounds, recreational facilities, cultural and educational facilities, public infrastructure systems and environmentally sensitive areas. The OS zone will be matched with the "parks" designation detailed in the Land Use Element of the Arvin General Plan to ensure consistency between the zoning ordinance and general plan.
C. The OS, Open Space Zone is intended to guide and regulate pubic and private parks and recreational facilities, and similar and compatible uses to provide:
i. Well-designed projects to protect adjacent property from unreasonable adverse impacts or intrusions or properties and improvements.
ii. Adequate on-site parking and circulation to obviate the need for use on existing public right-of-way and streets for parking and internal circulation.
6. Amend Section 17.37.020 Permitted uses; adding subsections:
E. Environmentally sensitive lands, including wetlands, reservoirs, and floodplains; F. Community based recreational facilities;
G. Courts (basketball, tennis, pickle-ball, etc.).
H. Government office(s) or building(s) and uses;
I. Greenbelts;
J. Picnic areas; Public Parks, Playgrounds, Sports arena (indoor and outdoor), Swimming pools (public), Trails (riding, hiking, bicycling, etc.), Wildlife or nature preserve.; and
K. Other similar parks and recreational uses which the City Council finds to fall within the intent and purpose of this district, that will not be detrimental to the public
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. welfare and which the City Council finds to be of a comparable nature and of the same class as the uses enumerated in this section.
7. Amend Section 17.37.030 Accessory uses.
Those uses and structures incidental to the open space use of the land, including trash storage areas and bins; required loading and unloading facilities; parking lots; and other uses and structures that are determined by the City Planner planning director to be incidental to the open space use of the land.
8. Add Section 17.37.035 Uses subject to administrative review and approval.
The following temporary uses may be permitted subject to administrative review and approval pursuant to the provision of Chapter 17.05 Uses Permitted Subject to Administrative Approval of this title:
A. Circus, carnivals, fairs, festivals, revivals, assemblies, farmers market, and other temporary uses or activities deemed to be similar by the City Planner.
B. Temporary storage of materials and construction equipment used in the construction of maintenance of streets and highways, sewers, storm drains, underground conduits, flood control works, pipelines and similar uses.
9. Amend Section 17.37.040 Conditional uses; as follows:
A. Amusement park Public and quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools, nursery schools; private nonprofit schools and colleges; churches, parsonages, parish houses, monasteries, convents and other religious institutions.
B. Public uses of an administrative, recreational public service, or cultural type, including city, county, state or federal administrative centers, libraries, museums, art galleries, police and fire stations, and other public buildings, structures and facilities.
Athletic, swim and health clubs, private; Country Clubs; Equestrian Centers; Freestanding signage, Golf Courses and club facilities; Golf Driving Range; Museums; Outdoor amphitheaters; Refreshment stands for the sale of food products, beverages and similar items when conducted for City -approved recreational activities (not-for-profit organizations); Swim Clubs; Sports arenas, outdoors; Zoos.
C. Other similar uses which the City Council fins to fall within the intent and purpose of this district, that will not be detrimental to the public welfare and which the City Council finds to be o f a comparable nature and of the same class as the uses enumerated in this section.
10. Add Section 17.37.090 – Findings.
Findings required to approve development within the Open Space District shall be as follows:
A. That the development is consistent with the City’s General Plan and this Title.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
B. That the development, accessory buildings, and facilities, located in established areas, have an adequate appearance, so as to be in harmony with the character and quality of surrounding development within the zone.
C. That the development as proposed will not be detrimental to surrounding developments or improvement, nor be inferior tin construction, appearance or quality.
D. That the development as proposed will provide quality development, including ample landscaping and screening, adequate parking and circulation, and other amenities necessary to preserve compatibility with surrounding development and prevent nuisances.
11. Add Chapter 17.38 PF-Public Facility Zone as follows:
Chapter 17.38 PF-Public Facility Zone:
17 .38.010 A pplicability
The PF district is designed and intended to provide for those uses and activities which serve the public and are generally conducted by government agencies or charitable and philanthropic nonprofit organizations. It is the purpose of the "PF" Public Facilities Zone to provide regulations for the use and development of publicly owned land in order to implement the City's adopted General Plan, including the circulation and service systems designations.
17.38.020 Permitted Uses.
A. Governmental buildings and facilities designed for public benefit, use and accommodation.
B. Public libraries, and museums.
C. Cemeteries, crematories or mausoleums.
D. Water and Wastewater treatment plants, substations, and other public service facilities of a similar nature.
E. Storm Basins.
F. Corporation Yards, public works maintenance facilities and similar types of facilities.
G. Public Parking
H. Uses, buildings and structures incidental, accessory, and subordinate to permitted uses.
I. Fire Stations and Police Stations
J. Any uses which the City Council find to be similar to and within the intent and purpose of the PF district, that are no more obnoxious or detrimental to the public welfare and are found by the City Council to be compatible with adjoining land uses. and which are of a comparable nature and of the same class as the uses enumerated above.
17.38.030 Design and development review.
The City Manager or designated staff shall advise the CityCouncil of the proposed public facility, its design, and development.
17.38.040 Development standards.
A. Site area: The minimum site area - No requirement.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
B. Lot frontage and depth: No requirement.
C. Building height: The maximum height shall be thirty-five (35) feet.
D. Yards:
1. Front:Twenty-five (25) feet, where structures are proposed within residential districts..
2. Side: No requirement. except where the PF district abutsresidential district. in which case the side yard requirement shall be ten (10) feet.
3. Rear: No requirement. except where the PF district abutsresidential district. in which case the rear yard requirement shall be ten (10) feet.
17.38.070 Off-street parking.
Off-street parking shall comply with the standards contained in Chapter 17.48 Automobile parking requirements.
17.38.080 Signs.
Signage shall comply with the standards contained in Chapter 17.62 Sign regulations (private property).
17.38.090 - Findings.
Findings required to approve developments within the Public Facility District shall be as follows:
A. That the development is consistent with the city general plan and this title.
B. That the development, accessory buildings, and facilities, located in established areas, have an adequate appearance, so as to be in harmony with the character and quality of surrounding development within the zone.
C. That the development as proposed will not be detrimental to surrounding developments, or improvements, nor be inferior in construction, appearance or quality.
D. That the development as proposed will provide quality development, including ample landscaping and screening, adequate parking and circulation. and other amenities necessary to preserve compatibility with surrounding development and prevent nuisances.
12. Delete Chapter 17.38 P Automobile Parking Zone in its entirety:
Chapter 17.38 P – Automobile Parking Zone:
Sections:
17.38.010 Alternative classification—Applicability of provisions.
Land classified in a P automobile parking zone may also be classified in either an A, E, or R zone and the regulations set forth in this chapter shall apply in the P automobile parking zone unless otherwise provided in this title.
(Ord. 51 §2301, 1965).
17.38.020 Permitted uses.
Uses permitted in a P zone are as follows:
A. Any use permitted in the A, E, or R zone in which the land is classified and when so used subject to all of the provisions contained in the sections defining such zone;
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
B. Open air temporary parking of transient automobiles, except trucks of over fifteen hundred (1,500) pounds capacity.
(Ord. 51 §2301 (part), 1965).
17.38.030 Parking lot requirements.
A. In a P zone all such parking areas as are authorized by this chapter, and their means of ingress and egress shall be surfaced with a bituminous surface treatment or other surfacing of a higher type, and adequate drainage shall be provided. In commercially zoned areas and where such parking area abuts property classified for R or E uses, it shall be separated therefrom by a solid masonry wall, or other approved fence, six (6) feet in height; provided such wall, from the front property line to a depth equal to the required front yard on the abutting R or E classified property, shall be four (4) feet in height. Where such parking area abuts a street, it shall be separated therefrom by an ornamental fence, wall or compact eugenia or other evergreen hedge having a height of not less than two (2) feet and maintained at a height of not more than four (4) feet. Such fence, wall or hedge shall be maintained in good condition.
B. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or foot path.
Exits from parking lots shall be clearly posted with "Stop" signs and it is unlawful for a motorist to fail to stop at such sign before leaving the parking lot. Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed.
Any lights used to illuminate such parking area shall be so arranged as to reflect the light away from adjoining premises and streets.
(Ord. 51 §2302(part), 1965).
13. Delete Chapter 17.40 D – Architectural Design Zone in its entirety:
Chapter 17.40 D ARCHITECTURAL DESIGN ZONE
Sections:
17.40.010 Alternate classification—Applicability of provisions.
A. Land classified in a D zone shall also be classified in another zone and the regulations set forth in this chapter shall also apply in the D architectural design zone unless otherwise provided in this title.
B. The provisions of the D architectural design zone shall be applicable only in the vicinity of civic centers, public parks, and public buildings and grounds as provided in Section 65800 (d) of the Government Code (Conservation and Planning Law); provided, however, that it may be applied elsewhere if requested by the owner or owners of property involved.
(Ord. 51 §§240l, 2404, 1965).
17.40.020 Standards.
In order that buildings, structures, signs and landscaping in the D zone will be in harmony with other structures and improvements in the area, and not of obnoxious, undesirable or unsightly appearance, the following items may be considered in approving plans of proposed improvements in the architectural design zone:
A. The height, bulk and area of buildings;
B. The setback distances from all property lines;
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
C. The colors and materials on the exterior;
D. The type and pitch of roofs;
E. The size and spacing of windows, doors and other openings; F. The size, type and location of signs;
G. Towers, chimneys, roof structures, flagpoles, radio and television masts; H. Plot plan landscaping and automobile parking areas;
I. The relation to the existing buildings and structures in the general vicinity and area;
J. Lighting of buildings, signs and grounds.
(Ord. 51 §2402, 1965).
14. Delete Chapter 17.42 B-Buffer Zone in its entirety:
Chapter 17.42 B BUFFER ZONE
Sections:
17.42.010 Alternate classification—Applicability of provisions.
Land classified in a B buffer zone may also be classified in another zone, except in the C and M zones, and the regulations set forth in this chapter shall apply in the B buffer zone unless otherwise provided in this title.
(Ord. 51 §2501, 1965).
17.42.020 Permitted uses.
Uses permitted in a B zone are as follows:
A. Any use permitted in the other respective zones in which the land is classified and with which the B zone is combined; provided, however, as follows:
1. No outdoor advertising sign or other outdoor advertising structure shall be placed or maintained in any B zone; provided, however, that there may be displayed on the premises occupied by any permitted business use which is located in any B zone, outdoor advertising signs and outdoor advertising structures, which, in the aggregate, displayed by or for any one place of business, shall not exceed the equivalent of one (1) square foot for each one (1) foot of frontage actually occupied by such business, including the widths of driveways directly appurtenant thereto,
2. No junkyard, salvage or auto wrecking yard shall be established in any B zone unless the same is completely enclosed within a building or within a fence approved by the planning commission;
B. The following additional uses, if not permitted in the other zone, may be permitted in a B zone upon the granting of a conditional use permit:
1. Automobile parking areas,
2. Automobile service stations,
3. Directional or informational signs of a public or quasi-public nature,
4. Drugstores,
5. Public garages including repairing and servicing,
6. Grocery, fruit and vegetable stores,
7. Hotels, apartment houses and multiple residences,
8. Motels, auto courts and tourist courts,
9. Meat markets or delicatessen stores,
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
10. Professional offices,
11. Restaurants, tearooms and cafes.
(Ord. 51 §2502, 1965).
17.42.030 Requirements.
In a B zone, there shall be no requirements for building height, front, side and rear yard, area or distance between buildings on the same lot; except that on parcels or lots of less than ten thousand (10,000) square feet in area such regulations shall be the same as required in the R-3 zone; provided, that all buildings, except temporary stands shall be located not nearer than ninety (90) feet from the centerline of any public street or highway.
(Ord. 51 §2503, 1965).
15. ADD Chapter 17.42 SZ- School Zone as follows:
Chapter 17.42 SZ – School Zone:
Section 17.42.010 Applicability
The SZ- School district is designed and intended to provide for those uses and activities which serve the public and private schools. their accessory activities, structures, and uses. It is the purpose of the"SZ" School Zone to provide regulations for the use and development of federal. slate, county. or locally owned land in order to imple1nent the City's adopted General Plan.
17.38.020 Permitted Uses.
A. Schools, Public and Private.
B. Student Housing.
C. Transportation Facilities.
D. AdministrativeOffices associated with operations and activities.
E. Stadiums and associated athletic facilities.
F. Uses, buildings and structures incidental, accessory and subordinate to permitted uses.
G. Any uses which theCity Council finds to be similar to and within the intent and purpose of theSF zone, are no longer obnoxious or detrimental to the public welfare and are found by theCity Council to be compatible with adjoining land uses.and which are of a compatible nature and of the same class as the uses enumerated above.
17.38.030 Accessory Uses
Premises in the SZ (School Zone) may be used for accessory uses, provided such uses are established on the same lot or parcel of land,are incidental to and do not substantially alter the character of any permitted principal use.
17.38.040 Permitted Uses-Administrative approval.
Public facilitiesowned and developed by federal, state, county, or city schools are permitted under federal or state criteria and processes. Private facilities in theSF zone shall be permitted when
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. approved as per Chapter 17.05 uses permitted subject to administrative approval.
17.38.050 Development standards.
A. Site area:The minimum site area - No requirement.
B. Lot Frontage and depth: No requirement
C. Building Height: The maximum height shall be thirty -five (35) Feet.
D. Yards:
1. Front: Twenty-five (25) feet, where structures are proposed adjacent to residential districts.
2. Side: No Requirements, except where the site is adjacent to residential districts, in which case the side yard requirement shall be ten (10) feet.
3. Rear: No requirements, except where the site is adjacent to residential districts, in which case the side yard requirement shall be ten (10) feet.
17.37.070Off-street parking.
Off-street parkingshall comply with the standards contained in Chapter17.48 Automobile parking requirements.
17.37.080 Signs.
Signage shall comply with the standards contained in Chapter 17.62 Signregulations(private property).
17.37.090- Findings. Findings required to approve developments withintheSchool Zoneshallbe asfollows:
A. That thedevelopmentIs consistent withthecity generalplanandthistitle.
B. That thedevelopment accessory buildings, and facilities, located in established areas. have an adequate appearance soasto be in harmonywiththecharacter andqualityof surrounding development within the zone.
C. That the development as proposed will not be detrimental to surrounding developments or improvements nor be inferior construction or appearance or quality.
D. That the development as proposed. willprovide quality development, including ample landscaping andscreening. adequate parkingandcirculation, andother amenities necessary to preserve compatibility withsurrounding development and prevent nuisances.
16. Amend Chapter 17.45 Planned Unit Development District as follows:
Section 17.45.020 General requirements.
B. Designated area(s) as established by the Zoning Map may consist of a group of parcels of one (1) acre Five (5) acres or more may be considered for a planned district, provided that the property(ies) are is owned or its development controlled by a single individual or legally constituted corporation or partnership; or, in the case of property held in various ownerships, provided all parties owning and controlling property in the area to be developed become parties to a legal agreement binding them to abide by the master development plan, as approved, with said agreement to run with the land as a condition of future use, sale or lease. The development shall be initiated and completed
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. by the applicant or joint applicants, as the case may be. Unless otherwise provided in the approval of the planning commission, the developer may not divide and transfer units of the development. All of the provisions of this district are supplementary to the Arvin submaps contemplated for the same property or for portions thereof and shall be processed concurrently with the development plans specified under this chapter.
Section 17.45.030 General provisions and standards for a planned district.
A. Planned unit development district may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this chapter. No planned unit development district shall be less than one (1) acre five (5) acres of contiguous land.
17. Amend Chapter 17.48 Automobile Parking Requirements as follows:
Add - Section 17.48.020 Minimum number of parking spaces: Subsection D.
Commercial/recreational uses, 2. Other commercial/recreational uses, g. Neighborhood Serving Commercial Uses: Off-street parking as identified in Section 17.50.180 Neighborhood Serving Commercial Uses, 5.b. and c.
Subsection N. Residential Uses, add subsection 3. Urban Two-Unit Development: Offstreet parking spaces as established under Section 17.50.190 Urban Two-Unit Development, subsection 5.
Amend - Section 17.48.020 Minimum number of parking spaces, subsection H. Light industrial uses:, (2) (a)
a. Mini warehouse /Self Storage: one (1) space per ten (10) storage cubicles, plus two spaces per manager's residence, plus one (1) space per twenty-five (25) storage cubicles located at the warehouse office. One (1) space per 100 storage units, plus one (1) space per 300 sq. ft. of office area. A minimum of three (3) spaces shall be provided, plus one (1) enclosed space per caretaker’s residence should one be proposed. c. Warehouse: one (1) space per employee on the largest shift, plus one (1) space per four thousand (4,000) square feet of gross floor area, plus one (1) space per 300 sq. ft. of office area.
d. Wholesaling and Distribution: one (1) space per 1,500 sq. ft. of use area up to 10,000 sq. ft., one (1) space per 5,000 sq. ft. over 10,000 sq. ft., plus one (1) space per 300 sq. ft. of office space.
Amend - Section 17.48.020 Minimum number of parking spaces, N. Residential Uses;
3. Urban Two-Unit Development: Off-street parking spaces as established under Section
17.50.190 Urban Two-Unit Development, subsection 5.
Amend - Section 17.48.080 Fence Requirements Surface treatment and appurtenances.
A. Where such parking area abuts a street, it shall be separated by an ornamental fence, wall or compact eugenia or other evergreen hedge having a height of not less than two (2) feet and maintained at a height of not more than four (4) feet. Such a fence, wall or hedge shall be maintained in good condition.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
B. In manufacture, commercial zoned areas and where such parking area abuts property classified for R or E uses, it shall be separated by a solid masonry wall, six (6) feet in height; provided such wall, from the front property line to a depth equal to the required front yard on the abutting R or E classified property, shall be four (4) feet in height.
A. All off-street automobile parking areas, including their means of ingress and egress, including automobile sales lots, service stations and other drive-in establishments, shall be surfaced with a bituminous surface treatment or other surfacing of a higher type.
B. The conditions for fences, walls, hedges, planting driveways, bumper guards, lighting, setback and drainage shall be as provided for in the P zone. (Ord. 184 §F, 1983).
Add - Section 17.48.100 Parking lot design and improvement requirements.
A. Ingress and egress shall be surfaced with a bituminous surface treatment or other surfacing of a higher type, and adequate drainage shall be provided.
B. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or foot path. Exits from parking lots shall be clearly posted with "Stop" signs and it is unlawful for a motorist to fail to stop at such sign before leaving the parking lot.
Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed. Any lights used to illuminate such a parking area shall be so arranged as to reflect the light away from adjoining premises and streets.
Add - Section 17.48.110 Interpretation and determination of parking space requirements when not listed.
The Planning Commission, upon report and recommendation from the Community Development Director, may establish off-street parking requirements when not listed in this chapter.
18. Add Chapter 17.83 – Agricultural Preserves/Williamson Act Management:
17.83.010 - Purpose and description.
The purposeofthis chapteristoauthorize thecity todesignate suitable areas ofthecity as agriculturalpreserves byresolution ofthecitycouncilpursuant totheWilliamson Actof1965 (Government CodeSection 51200etseq.)forthepurpose ofestablishing agriculturaland compatible land uses.
17.83.020 - Administration.
Agriculturalpreservesshallbe administered pursuant only tothoseportionsoftheWilliamson Act of 1965 thatapplytothepreservation ofagricultural lands,asnow enactedorhereafter amended,and pursuant totheuniformrules,as defined underthis chapter,which shallapply in all agricultural preserves now orhereafter established. Otheraspects ofthelegislation,asdefined by
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
Section51205 ofthe GovernmentCode, canbeincluded onlyiftheyaresecondary tothe primaryagriculturaluseoftheland.
17.83.030- Filing of map,
On orbefore September 1stofeachyear, thecity shall filewiththedirector ofconservationamap of the city anddesignate thereonallcontracted parcels atthe endofthepreceding fiscalyear.
17.83.040-Uniformrules anduserestrictions.
Usespermittedunderthissectionshallbeconsistent withthe principlesofcompatibility set forthin Government CodeSection51238.1(a),(b), (c),andthe following uses:
A. Agricultural Uses.
1. Agricultural and horticultural uses, including, but not limited to, greenhouses, orchards, the raisingoffields, trees, vine, berry,andbushcrops, vegetables,flowers, andother plants.
2. Harvesting, curing, processing, packaging, and storage incidental to such agricultural uses; shipping of agricultural products produced upon the premises, or where such activity is carriedoninconjunction with or asa part ofanagriculturaluse in the immediatevicinity.
3. Farms devoted to the grazing of cattle, horses,sheep, hogs, or other farm stock, including thesupplementary feedingthereof, butnotincluding slaughterhouses.
4. Farms or establishments forthe selective or experimental breeding of cattle, horses, sheep, hogs,or other farmstock.
5. Farms devoted to the hatching, breeding, raising, butchering, processing, and shipping of chickens, turkeys,or otherfowl orpoultry,including eggs.
6. Dairies and the production of dairy products from milk produced on the premises, excluding retailsalestherefrom.
7. Contract harvesting and agricultural services where such use is incidental and secondary to the use ofthepremisesforagricultural purposes.
B. Compatible Uses.
1. Farm dwellings, mobile homes, and other residential uses occupied by the owner/operator or help employed on the premises, including accessory buildings and farm buildings incidentaltothe farmingoperation on thepremises.
2. Labor camps intended for use by and occupied housing for laborers employed directly on thefarmland uponwhich thelaborcampislocated.
3. Recreational uses are subordinate to primary agricultural use.
4. Oil and gas drilling and production in accordance with the provisions of the state and local standards and ordinances.
5. The erection, construction, alteration, operation, and maintenance of gas, electric, water, and communication utility facilities and similar public service facilities by corporations and companies under the jurisdiction of the Public Utilities Commission of the state of California and by public agencies.
6. Any use not conforming to the agricultural or compatible usesspecified in this chapter, which use preexisted the date the land was included within an agricultural preserve (such use discontinued fortwo yearsshall not be resumed unless it then constitutes an agricultural or compatible use permitted under the uniform rules):
7. Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
8. Any use determined to be compatible in all agricultural preserves established by the city council after public hearing or published notice and such other notice, if any, as the council may specify.
9. Any use of a specific parcel of land in an agricultural preserve which is determined to be a compatible use as related to differences in the location and circumstances of the owners of land in agricultural or compatible uses within an agricultural preserve and which is based on character, location, or other particular circumstances of the specific parcel which are not applicable generally to other lands within that agricultural preserve (such determination maybe made by the city council only after public hearing or published notice and such other notice, if any, as the council may specify).
C. Additional UsesPermitted in Specific Preserves as Approvedby theCity Council.
1. Conservation, development, and use of water resourceslocated within the lands covered by this preserve, and exploration conducted by scientific means on the lands located within this preserve for the purpose of determining the existence, location, and extent of any commercial mineral deposits.
2. Uses related to or incidental to the construction, operation, and maintenance of public or private transmission or conveyance facilities.
3. Uses related to or incidental to the establishment, maintenance, and repair of routes for ingress and egress over and through the landsincluded within this preserve.
4. Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted.
5. Commercial fish farms and fishponds and accessory buildings.
D. Any land included in an agricultural preserve may be zoned for urban development provided however that urban development does not occur until such time as the subject property is unencumbered by the Williamson Act andremoved fromthe agricultural preserve.
17.83.050 - Contracts.
It is the intent of the city to continue, contracts in force at the time theproperty is annexed into the city consistent with general plan policy. No new agricultural preserves willbe initiated for property within the city and the city willrequest Kern County not to create new agricultural preserves within its sphere of influence. The city, after acquiring land in a preserve by annexation, shall haveall rights and responsibilities specified in Government Code Section 51235.
17.83.060- Notice of non-renewal-Renewal-Recording requirements.
A. Nonrenewal Process.
1. Filing.
a. Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with state law (Government Code Section 51245):
i. Council. The councilmay initiate a noticeof nonrenewal; or ii. Property Owner(s).Theproperty owner(s)may initiate a notice of nonrenewal.
b. A copy of the notice shall be filed with the planning division of the community development department.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. c. Contents. Thenotice shallcontain the following materials:
i. NoticeForm. One copy of the completed notice form.
ii. Preliminary TitleReport. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted; and
iii. Deadline. The written notice shall be served to the city by the property owner(s) at least ninety days, or on the property owner(s) by the city at least sixty days, before the annual renewal date of the contract.
2. Recordation. Thenotice of nonrenewalshallbe recorded in the following manner:
a. Document Preparation. Once the notice is deemed complete and acceptable per subsection (A)(1)(c) of thissection, the city clerk shall prepare all documents for recordation.
b. Forwarded for Recordation. The city clerk shall forward the notice to the county recorder's office for recordation.
c. Mailingof Copies.A copy of the recorded notice shall be mailed to the following:
i. The property owner(s),
11. The director of conservation, and
iii. The county assessor.
d. December Deadline. The notice shall be recorded in the county recorder's office before December 1st in order to be processed for the following March 1st lien date, in compliance with state law (Government Code Section 51245).
8. Terminatesin Ten Years. The notice of nonrenewal terminatesthe contract In ten years, in compliance with state law (Government Code Section 51246(a)).
C. Assessment. During this ten-year nonrenewal period, the assessment of the subject property may Incrementally increase.
17.83.070 • Cancellation.
A. Filing.
1. Initiation. A petition for cancellation may only be initiatedby theproperty owner(s), consistentwith Government Code Section 51281.
2. The petition for cancellation shall be filed with the planning division of the city's community development department.
3. Contents. The petition for cancellation shall contain the following materials:
a. Petition Form.One complete copy of the city'srequired form. b. Preliminary Title Report. One copy of a current preliminary title report. Title reports more than sixmonths old at time of application are not considered current and shall not be accepted.
c. Acopy of the contract under which theparcel(s) are encumbered. d. Acurrent assessor's parcel map showing the contracted parcels; and e. Additional Information. Any additional information the director determines to be necessary to process the petition.
f. A proposal for a specified alternative use of land.
B. Tentative Cancellation of Contract.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
1. Notice.Notice of a public hearing shall be given asfollows:
a. Notice to Director of Conservation. Notice shall be provided to the director of conservation, along with the required findings, at least thirty days prior to a public hearing at which the city council will act on the tentative cancellation. b. Published Notice. A notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing; and
c. Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within five hundred feet, other concerned agencies, and the department of conservation.
2. Review Procedure. The councilshall conduct a public hearing for a tentative cancellation of the contract.
3. Findings. The council may grant cancellation of the contract only if all the findingsin subsection (B)(3)(a) or (B)(3)(b), below, can be made in a positive manner:
a. The cancellation is consistent with the purposes of the Williamson Act.
This finding can only be made if the cancellation is:
i. For property on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245) (Nonrenewal of Williamson Act Contract), above.
ii. Notlikely to result in theremoval of adjoining lands from agricultural use.
iii. For an alternative use of land which is consistent with the land uses, objectives, policies, and programs of the general plan and any applicable PUD zoning.
iv. Intended to ensure/maintain contiguous pattern of urban development; and
v. In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land. b. The cancellation is in the public interest. Thisfinding can only be madeIf:
i. Other public considerationssubstantially outweigh the objectives of the Williamson Act; and
ii. There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.
4. Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within thirty days of the council's decision, with a copy to the director of the department of conservation, in compliance with Government Code Section 51284, and to the county assessor’s office.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates.
5. Recordation. The city clerk shall record the certificate of tentative cancellation with the county recorder in compliance with Government Code Section 51283.4(a).
17.83.080- Fees.
Priorto giving approval to any contract cancellation, the city councilshall determine and certify the cancellation fee pursuant to Section 51283 or Section 51297 of the Government Code. Cancellation fees that are not paid within one year of the recording of the certificate of tentative cancellation will be recomputed as of the date of notice (Government Code Section 51283.4(a) and (b)).
A. Cancellation Fee Waiver. If it findsthat it is in the public interest, the city council may waive any payment or any portion of a payment by the landowner. It may extend the time for making the payment, or a portion of the payment, contingent upon the future use made of the land, and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been cancelled, if all of the following occur:
1. The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
2. The city council has determined it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required; and
3. The waiver or extension of time is approved by the secretary of the resource agency. The secretary will approve a waiver or extension of time only on the finding that the granting of the waiver or extension of time by the local agency is consistent with the policies of the Williamson Act and that the local agency complied with the Act in approving the cancellation. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the city council, the evidence in the record of the council, and any other evidence received concerning the cancellation, waiver, or extension of time (Government Code Section 51283(c)).
B. Recordation. The cancellation of a contract shall not be final until the community development director is satisfied that any required conditions have been fulfilled and the certificate of cancellation is recorded pursuant with Section 51283.4(a) of the Government Code.
17.83.090 • Precedence.
If any partof this chapter is found to conflict with any partof statelaw governing Land Conservation Act of 1965 contracts, the applicable section of state law shall prevail.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
Ordinance Adopting ZCA 2024-03 Title 17 Zoning Various Updates. regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 09th day of July 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.C.2
Attachment: 2-Ord Amendment Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03 City Council of the City of Arvin Public Hearing Information Date: July 9, 2024
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203
CITY OF ARVIN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:
Additions and deletions to Title 17 Zoning to the City of Arvin Municipal Code.
Applicant: City of Arvin
Location: Title 17 Zoning deletions and additions to the City of Arvin Municipal Code and will apply to all lands within the City Limits and future annexed lands.
Project Description: Code Amendment – Ordinance of the City Council of the City of Arvin Adopting ZCA 2024-03 – Title 17 Zoning Adding and Amending Various Chapters and Sections That: Amends Chapter 17.02 Title and Definitions Amending definitions; Amends Chapter 17.06 Zones and Zoning Map; Amends Chapter
17.18 Estate Residential Zone; Amends Chapter 17.37 OS-Open Space Zone; Adds Chapter 17.38 PF-Public Facility Zone; Deletes Existing Chapter 17.38 P-Parking Zone; Deletes Chapter 17.40 D-Architectural Design Zone; Deletes Chapter 17.42 B-Buffer Zone; Adds Chapter 17.42 SZ-School Zone; Amends Chapter 17.45 Planned Unit Development District; Amends Chapter 17.48 Automobile Parking Requirements; Adds Chapter
17.83 Agricultural Preserves/Willamson Act Management and acknowledges that the code amendments are exempt from the California Environmental Quality Act (CEQA).
The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or email to [email protected]. All public comments will be provided to the City Council and may be read into the record or compiled as part of the record. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting and/or should you desire Spanish translation at the meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and translation services.
Additional information on the proposed ordinance, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s website at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend. Written comments on this matter may be submitted to the City Clerk’s office by 4:00 p.m. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing (Govt.
Code Sec. 65009). Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
This public hearing notice was posted on June 28, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin’s website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections 36933, 65854, and 65090. /s/
Cecilia Vela, City Clerk, City of Arvin
POSTED: JUNE 28, 2024
5.C.3
Attachment: 3-PHN ZCA 2024-03 Title 17 Zoning Various Updates_CC Mtg 070924 (Public Hearing: First Reading - Ordinance re ZCA 2024-03
NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act-Title 17
Zoning, Additions, Amendments, and Deletions -
Arvin Municipal Code.
NOTE: Place in project file until approved – then file
with Kern County Clerk and ceqasubmit.opr.ca.gov
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County
Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 35 days for the filling date.
TO: COUNTY CLERK
County of Kern
1115 Truxtun Ave. 1st Floor
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
TO: ceqasubmit.opr.ca.gov
File after project is approved.
Project title: ZCA 2024-03 Additions, Amendments, and Deletions to Title 17 Zoning of the City of Arvin Municipal Code.
Project location: City Wide
Description of nature, purpose, and beneficiaries of project: The City of Arvin Title 17 Zoning was originally adopted in the 1960’s and has been amended over the past 60 years. In the early 2000 Title 17 was amended by incorporating various chapters that have not been utilized. The proposed ordinance additions, amendments and deletions update the zoning code to meet the current planning and development trends. ZCA 2024-03 – Title 17 Zoning Adding, Amending, and Deleting Various Chapters and Sections That: Amends Chapter 17.02 Title and Definitions; Amends Chapter 17.06 Zones and Zoning Map; Amends Chapter 17.18 Estate Residential Zone; Amends Chapter 17.37 OS-Open Space Zone; Adds Chapter 17.38 PF-Public Facility Zone; Deletes Existing Chapter 17.38 P-Parking Zone; Deletes Chapter 17.40 D-Architectural Design Zone; Deletes Chapter
17.42 B-Buffer Zone; Adds Chapter 17.42 SZ-School Zone; Amends Chapter 17.45 Planned Unit Development District; Amends Chapter 17.48 Automobile Parking Requirements; Adds Chapter 17.83 Agricultural Preserves/Willamson Act Management.
Name of public agency approving
project:
City of Arvin, CA – City Council Ordinance No. 2024-XX [Month Day, 2024] Name and person or agency
carrying out the project
Chris Soriano, City Planner, Community Development Department, 165 Plumtree Drive, Arvin, CA 93203 Email: [email protected]
Exempt status: CEQA Guidelines, General Rule Exemption Section 15061(b)(3), Reasons why the project is exempt: The additions, amendments, and deletions to Title 17 Zoning can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as the proposed ordinance merely amends the existing Arvin Municipal Code which establish new and amended ordinances for the permitting and regulation of certain uses within the city. All environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)).
The code amendments: are not located next to any scenic highway or resources; nor located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; the code amendments do not include physical development; the code amendments do not affect any site that could qualify as historical resources; no structures are to be demolished due to the adoption of the code amendments; nor would the code amendments have a significant adverse impact on a historic resource. The City Council finds that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption Section 15061(b)(3) .
Contact person: Chris Soriano, City Planner, Planning Division, 141 Plumtree Drive, Arvin, CA 93203 Signature/Title/ Date:
________________________ /___________
Jeff Jones, City Manager Date
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
5.C.4
Attachment: 4-DRAFT Notice of Exemp OE ZCA 2024-03 Title 17 Zoning Various Updates (Public Hearing: First Reading - Ordinance re ZCA