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“Sign copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.
“Sign face” means the panel surface of a sign that carries the advertising, information, or identification message.
“Sign structure” means any structure that supports or is capable of supporting a sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.
“Structural alteration” means any change to the sign
structure.
“Temporary sign” means a sign that is easily moveable
and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent
sign.
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Table 9.56.370-1
Illustration of Sign Types
1. Permanent Building
Sign (can or cabinet
sign)
2. Permanent Building
Sign
(blade/projecting
sign)
3. Permanent
Building Sign
(channel letter
sign)
4. Temporary
Building Sign
(banner)
5. Permanent Building
Sign (awning sign)
6. Permanent Building
Sign (canopymounted sign)
7. Permanent
Building Sign
(arcade or
hanging sign)
8. Permanent
Building Sign
(directory sign)
9. Temporary Building
Sign (window sign)
9. Temporary
Freestanding Sign
(A-frame sign)
11. Permanent
Freestanding Sign
(pylon sign)
12. Permanent
Freestanding
Sign (pole sign)
13. Permanent
Freestanding Signs
(monument sign)
14. Permanent
Building Sign
(directional sign)
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Chapter 9.58
HOUSING DENSITY BONUS AND OTHER INCENTIVES
Sections:
9.58.010 Purpose.
9.58.020 Applicability.
9.58.030 Density bonus requirements.
9.58.040 Procedures.
9.58.050 Additional conditions.
9.58.010 Purpose.
The purpose and intent of this section is to implement Chapter 4.3, Density Bonuses and Other Incentives, Section 65915 et seq., of the California Government Code for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.
9.58.020 Applicability.
This chapter shall apply to residential projects providing moderate-, low-, and very low-income housing and/or senior housing developments pursuant to the provisions and definitions of Chapter
4.3, Section 65915 et seq., of the California Government Code.
9.58.030 Density bonus requirements.
A. Projects that meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the City Council adopts a written finding based upon substantial evidence that any one of the following exists:
1. The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c).
2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
3. The disapproval of the project or imposition of conditions is required in order to comply with specific State or federal law, and there is no feasible method to comply without rendering the development unaffordable to very low- and low-income households.
4. The development project is inconsistent with the City’s General Plan land use designation as it existed on the date the application was deemed complete, and the City has adopted a housing element in compliance with State law.
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B. Project financial report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the City may retain a consultant, at the developer’s sole cost, to review the project financial report and advise the City on the report. Where development and zoning standards exist, which would otherwise inhibit the utilization of the density bonus on specific sites, the City may waive or modify the standards consistent with the provisions of this section.
9.58.040 Procedures.
A. Density Bonus/Incentives Review. Density bonus/incentive review by the Planning Commission shall only be required for projects involving Planning Commission approval. If no legislative entitlement is required, the Community Development Department staff shall have final approval authority on density bonuses and incentives. Appeals of a Planning Commission decision must be in accordance with Chapter 9.70 of the Avenal Municipal Code.
If a rezone or General Plan amendment is part of the project, the Planning Commission shall make a recommendation on the density bonus and incentives request, but the City Council shall have final approval authority as part of the total project. Any special conditions of the City Zoning Ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.
1. Regulatory Agreement. The City and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, State law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the County Recorder’s Office running with the land and be binding upon all future owners, developers, and/or successorsin-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderate-income units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall include at least the following:
a. The total number of units approved for the housing development, including the number of target units.
b. A description of the household income group to be accommodated by the housing development and the standards for determining the corresponding affordable rent or affordable sales price and housing costs.
c. The location, unit sizes, square feet, and the number of bedrooms of target units. d. Tenure of use restrictions for target units of at least 10 or 30 years in compliance with applicable laws.
e. A schedule for completion and occupancy of target units. f. A description of the additional incentive(s) being provided by the City. g. A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project. h. Other provisions to ensure implementation and compliance with this section.
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9.58.050 Additional conditions.
A. In addition, reasonable conditions may be imposed to assure the continued availability of such housing as very low-, low-, or moderate-income housing, or for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.
B. Those units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for low-income households for the County adjusted for household size.
C. Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household size.
D. The owner(s) shall maintain and keep on file documentation for the income level of each tenant occupying the target units.
E. The owner(s) shall provide the City with any additional information required by the City to ensure the long-term affordability of the target units by eligible households.
F. The City shall have the right to inspect the owner’s project-related records at any reasonable time and shall be entitled to audit the owner’s records once a year.
G. The City may establish fees associated with the setting up and monitoring of target units.
H. All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.
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Chapter 9.60
SPECIFIC LAND USE STANDARDS
Sections:
9.60.010 Purpose.
9.60.020 Applicability.
9.60.030 Accessory dwelling units.
9.60.040 Accessory dwelling units, junior.
9.60.050 Alcoholic beverages, on-sale and off-sale.
9.60.060 Animals.
9.60.070 Automotive sales.
9.60.080 Bed and breakfast inns.
9.60.090 Convenience stores.
9.60.100 Cottage food operations.
9.60.110 Drive-thru pick-up windows.
9.60.120 Emergency shelter.
9.60.130 Garage or yard sales.
9.60.140 Livestock
9.60.150 Manufactured housing.
9.60.160 Mini-warehouse or self-storage.
9.60.170 Mobile home and manufactured home parks.
9.60.180 Mobile vendor or food truck.
9.60.190 Outdoor dining areas.
9.60.200 Outdoor storage areas in commercial and industrial zones.
9.60.210 Recycling collection facilities.
9.60.220 Sale of vehicle fuel.
9.60.230 Shipping containers.
9.60.240 Swimming pools.
9.60.250 Vending machines.
9.60.260 Wireless communication facilities and towers.
9.60.270 Adult entertainment establishments.
9.60.010 Purpose.
This chapter requires certain development and operational standards for specific land uses within Avenal to preserve, protect, and promote public health and safety and to promote orderly growth and aesthetically pleasing urban development.
9.60.020 Applicability.
Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.
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9.60.030 Accessory dwelling units (ADU).
This section provides standards for accessory dwelling units located on the same site as a singlefamily residence or multi-family residence(s). All accessory dwelling units shall meet the following standards:
A. Number of accessory dwelling units per parcel.
1. For parcels zoned for and including a proposed or existing single-family home, one accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 9.60.040.
2. For parcels zoned for and including an existing multi-family structure(s), two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to 25 percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the 25 percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.
3. For the purposes of this section, multi-family structures are those that contain more than one dwelling unit, including, but not limited to, duplexes, triplexes, apartment buildings, and condominium buildings.
B. No lot line adjustment, subdivision of land, air rights or condominium shall be allowed to enable the sale, transfer, or disposal of the accessory dwelling unit independently of the primary dwelling unit.
C. No off-street parking shall be required for any accessory dwelling unit. Any parking spaces, covered or uncovered, removed to create an accessory dwelling unit shall not be required to be replaced.
D. The floor area for all accessory dwelling units shall not exceed 850 square feet or 1,000 square feet for units with more than one bedroom.
E. An accessory dwelling unit may not be constructed unless a main dwelling exists on the site or will be constructed in conjunction with the accessory dwelling unit.
F. Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units. This provision shall end in the year 2025 unless the California Government Code extends it.
G. Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official.
H. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.
I. Except as specifically set forth in this section, an accessory dwelling unit regulated pursuant to this chapter shall meet all the requirements of the zone district in which the accessory dwelling unit is located, including, without limitation, requirements regarding fences, walls, and hedges; site area, frontage width, and depth of sites; coverage; building setback requirements; height of structures; and distances between structures.
J. Design Requirements:
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1. Setbacks.
a. Four-foot side and four-foot rear setbacks shall be required for detached ADUs on parcels containing either existing single or multi-family dwellings.
1. When an existing detached accessory structure is converted to a detached ADU, no additional setbacks shall be required. b. When an ADU is constructed above a detached garage, a four-foot side and four-foot rear setback are required.
c. No additional setbacks shall be required when a new structure containing an ADU is constructed in the same location (and to the same dimensions as the existing detached accessory structure).
2. Height. The maximum height of a detached ADU shall be as follows. a. The height of an attached ADU on a parcel containing a single-family or multifamily dwelling shall not exceed the height of the existing single-family or multifamily dwelling or twenty-five (25) feet, whichever is lower. b. The height of a detached ADU on a parcel containing a-single-family or multifamily dwelling-shall not exceed sixteen (16) feet, unless one of the following conditions are met:
i. The maximum height for a detached ADU on a parcel with an existing or proposed single-family or multi-family dwelling unit that is within one-half (½) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be eighteen (18) feet. The maximum height may be increased by an additional two (2) feet, for a total of twenty (20) feet, for the purpose of accommodating a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit; or
ii. The maximum height for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall be eighteen (18) feet.
3. Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the existing or proposed single-family or multi-family dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.
4. Addresses. The addresses of both the primary dwelling and the ADU shall be displayed and clearly visible from the street for public safety purposes.
5. Fire Sprinklers and Passageways. Fire sprinklers are required for an ADU if they were required for the primary single-family dwelling. No passageway defined as "a pathway that is not unobstructed, clear to the sky, and extends from a street to one (1) entrance of an ADU or JADU" shall be required.
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9.60.040 Accessory dwelling units, junior (JADU).
A. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use, where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.
B. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.
C. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in addition to a single-family dwelling.
D. Junior accessory dwelling units may be no larger than 500 square feet in size.
E. Junior accessory dwelling units shall contain, at a minimum, the following features:
4. An exterior entrance separate from that of the primary home.
5. A cooking facility with appliances.
6. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.
F. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.
G. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling.
9.60.050 Alcoholic beverages, on-sale and off-sale
A. The Planning Commission shall consider all uses and businesses proposing to sell alcoholic beverages to the public, or in the case of a private club, its members, in accordance with Chapter 9.80 Conditional Use Permits.
A. Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food are exempt from the requirement of a conditional use permit. An incidental bar or lounge may be allowed for the convenience of dining patrons. If the bar area exceeds 25 percent of the floor area, a conditional use permit shall be required.
i. The Planning Commission shall consider whether the proposed use or business will detrimentally affect nearby properties or sensitive land uses, including, but not limited to, residential neighborhoods, schools, churches, hospitals, public playgrounds, or other similar uses.
A. Structures subject to an off-site ABC license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential purposes; and shall not be adjacent to another similar use to cause oversaturation of the District.
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j. The sale of alcoholic beverages for temporary periods shall not be subject to a conditional use permit but shall be subject to review and approval by the Director and City Police Chief in accordance with Chapter 9.76, Temporary Use Permits.
k. The provisions of this section do not apply to wholesale businesses providing services to retailers only.
9.60.060 Animals
A. The keeping of animals and fowl is subject to the provisions of Chapter 1 (Animals and Fowl) of Title 6 (Sanitation and Health) of the Avenal Municipal Code.
B. The number of dogs per residential household shall be limited to three, with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six months. l. Breeding, raising, and keeping of birds, rabbits, chinchillas, or fish for domestic use of the resident in accordance with this title is permitted; however, there shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone.
9.60.070 Automotive sales.
New and used automobile sales and service dealerships and auto service centers in Avenal shall conform with this Zoning Ordinance. All auto-related uses shall be constructed in the following manner:
A. All parts, accessories, etc., shall be stored within a fully enclosed structure. m. Service and associated car storage areas shall be screened from public view. n. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.
o. All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.
p. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets, alleys, or landscaped areas (in contrast to planned, hardscape areas for the display of vehicles).
q. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.
r. Vehicle service and repair shall be permitted as an accessory use for the type of vehicles sold on site. No vehicle service or repair work shall occur except within a fully enclosed structure.
Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.
s. All on-site parking shall comply with the provisions of Chapter 9.54. A parking plan shall be developed as a part of the permit review process.
t. Access drives shall be spaced at least 50 feet apart or as specified by the City Engineer. u. Test driving vehicles is prohibited in adjacent residential neighbnorhoods.
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9.60.080 Chickens on Residentially-Zoned Parcels
A. Purpose. The purpose of this section is to define standards that regulate the keeping of chickens on single-family residential parcels while protecting the health, safety, and welfare of the community.
B. Applicability. This article applies to all Single-Family Residential Zones (R-1) within the City of Avenal.
C. Definitions:
1. "Chickens on Residentially-Zoned Parcels" or "chicken" shall mean Gallus gallus domesticus and does not include other fowl, such as, but not limited to peacocks, turkeys, or water fowl.
2. "Chicken coop" or "coop" shall mean an enclosed structure for housing chickens that provides shelter from the elements.
3. "Chicken run" or "run" shall mean an enclosed outside yard for keeping chickens.
4. "Rooster" shall mean a male chicken.
5. "Single-Family Residential" shall mean the following residential zones: “R-1”.
D. Maximum allowable backyard chickens.
1. In the Single-Family Residential Zone (R-1), a maximum of four (4) chickens shall be permitted per legal parcel.
E. Standards for Backyard Chickents.
1. General Requirements.
a. The raising of backyard chickens shall only be allowed on properties containing a single-family dwelling with fenced rear and side yard areas. b. Chickens shall be provided with a covered roosting area (chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run). c. Chickens shall be contained within the coop, run, or contained within the property boundary at all times.
d. Electrical power supplied to a chicken coop shall be installed under an appropriate building permit.
2. Design Requirements
a. All chickens shall be housed in a coop that is designed to:
i. Be predator-resistant from the sides, top, and bottom, and the chicken run shall be predator-resistant from the sides and top.
ii. Be shall designed and maintained to be well-drained onto the property. There shall be no standing water.
iii. Be thoroughly ventilated;
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iv. Be easily accessed and cleaned;
1. All grains or other loose feed must be stored in containers with tightly fitting lids to prevent the entrance of vermin.
2. Animal waste must be removed and disposed properly in gray or inorganic waste containers.
v. Contain one nesting box with no less than one cubic foot for every four (4) chickens;
vi. Contain a coop area of no less than five (5) square feet per chicken, excluding nesting boxes; and
vii. Contain the chicken roost(s), feeder(s), and water. b. The chicken run shall be attached to the chicken coop allowing the chickens direct access to and from the chicken coop and be
c. Yards
i. Front yards: The chicken coop and run shall be located on the rear of the property and behind the residence. For parcels that have a frontage on two (2) sides, the coop and run shall be located on the rear portion of the property that is opposite the side providing street access, with the remaining front having a minimum front yard setback of twenty-five (25') feet from the property line. ii. Side and rear yards: The coop and run must be located at least twenty (20') feet from the nearest adjoining residence or ten (10') feet from any property line, whichever is greater.
d. Height. The chicken coop and run shall not exceed seven (7') feet in height.
3. Prohibited Uses
a. The following uses shall be prohibited within the Single-Family Residential (R-1) zoning:
i. Commercial sales of chicken eggs.
ii. Slaughtering processes.
iii. Roosters.
9.60.090 Bed and breakfast inns.
A. Bed and breakfast inns shall be limited to a maximum of six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than 14 consecutive nights.
B. Food service at bed and breakfast inns shall be allowed for registered guests only unless the use also qualifies as a restaurant.
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C. The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
9.60.100 Convenience Stores.
The retail sale of groceries, staples, and sundry items and/or alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to and shall comply with all of the following:
A. The minimum site area shall be 10,000 square feet.
v. The site shall have direct frontage along an arterial or collector street. w. One access drive may be permitted for each street frontage. The design and location of the access drives) shall be subject to City Engineer approval. x. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.
y. All on-site signage shall comply with provisions of Chapter 9.56 Sign Standards, including the prohibitions of fence-mounted signs, window signs, and banner restrictions. z. The premises shall be kept in a neat and orderly condition at all times. aa. If on-site dispensing of automotive fuels is provided, the design, location, and operation of these facilities shall be consistent with the provisions of subsection. Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands, and the propane storage area if applicable. bb. A bicycle rack shall be installed in a convenient location visible from the inside of the store. cc. Each convenience store shall provide a public restroom located within the store. dd. Video games or arcades may not be installed or operated on the premises. ee. A convenience store adjacent to any residentially designated district shall have a six-foot-high decorative masonry wall and a five-foot landscape buffer along the property lines adjacent to such districts.
ff. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with asphalt or concrete.
9.60.110 Cottage food operations.
A. Cottage foods operations operating in accordance with AB 1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 9.78 prior to commencement of the use.
B. Notwithstanding the provisions of Chapter 9.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.
C. Notwithstanding the provisions of Chapter 9.78, a cottage food operation may sell food produced on-site directly to consumers at the site.
D. A cottage food operation shall be conducted in the residence’s existing kitchen.
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E. An approved home occupation permit shall not be effective until the appropriate permit is obtained from the County Health Department and shall automatically expire and be null and void if the County permit or approval expires, is disapproved, or is revoked.
9.60.120 Drive-thru pick-up windows.
All uses with a drive-thru pick-up window shall meet the following standards unless otherwise modified by a conditional use permit issued in accordance with Chapter 9.80:
A. Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.
gg. Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.
hh. Drive-thru lanes shall be located a minimum of 100 feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls. ii. Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into public streets or block any parking space or drive aisle
jj. Drive-thru lanes shall be shielded in a manner approved by the City to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.
kk. No drive-through aisles shall exit directly onto a public right-of-way. ll. The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.
mm. Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independently of parking lot aisles.
nn. Drive-thru lanes shall not extend onto the adjoining property unless the owner of the drivethru site property obtains a written easement or another irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use, including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to the commencement of construction of improvements upon the drive-thru site property.
oo. A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane, with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the Director. pp. A use with drive-thru lanes on each side of the use (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the September 26, 2024 Pg. 264
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ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane.
Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length. qq. Menu boards shall be a maximum of 32 square feet, with a maximum height of 8 feet, and shall face away from the street.
rr. Speaker noise levels measured at the property line shall not exceed 65 dB or other applicable City noise standards.
ss. Pedestrain walkways should not intersect with the drive thru aisle unless no other option exists; in the case that no other option exists, the pedestrian walkway shallbe clearly defined and emphasized with enhanced paving.
9.60.130 Emergency shelter.
A. Emergency shelters shall be limited to a maximum of 12 beds or clients as a permitted use.
The number of beds or clients served is also limited by the size of the building and the building code occupancy standards.
B. Off-street parking shall be based upon demonstrated need and shall be consistent with any pertinent parking requirements of the zone district where the emergency shelter is located.
C. Each emergency shelter shall have an interior on-site waiting and client intake area sufficient in size as determined by the Director to admit individuals to the shelter.
D. Each emergency shelter shall have an on-site manager 24 hours a day.
E. No emergency shelter may be located closer than 300 feet from another similar shelter.
F. Lighting of the property on which the facility is located should be designed to provide a minimum maintained horizontal illumination of at least one foot-candle of light on the parking surfaces and walkways.
9.60.140 Garage or yard sales.
A. The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-E, R-1, R-2, or R-3 zone district shall be limited to no more than three such sales per year.
Commonly referred to as garage or yard sales, each sale shall be limited to three consecutive days, and unsold possessions shall be removed from public view and stored within the premises.
B. Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.
C. The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including the removal of all signs.
9.60.150 Livestock.
Livestock shall be considered those typically associated with farms or agricultural land uses such as cattle, sheep, goats, horses, or hogs. Livestock are allowed in zones identified in Chapter 9.08.
In zones where livestock is permitted, all of the following development standards and conditions apply:
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acre. Newborns less than four months in age shall not be considered a part of the calculation.
There shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone.
B. All fencing shall comply with the applicable regulations of the zone and Section 9.50.19.
Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material, and color, such as split rail fencing as approved by the Community Development Director.
C. All development that involves housing or enclosing livestock shall be reviewed by the Community Development Director for compliance with this section and any other applicable statutes, laws, and ordinances.
D. Applicant shall allow inspection of animal maintenance facilities by the City of Avenal Building Inspector, Animal Control, and the Kings County Department of Public Health.
E. Any permit issued pursuant to this section may be revoked or modified pursuant to Chapter
9.70 of this Ordinance upon receipt of a recommendation for revocation or modification from the Kings County Department of Public Health, Avenal Animal Control Officer, or from the City of Avenal Building Inspector.
F. Fowl and other animals.
Notwithstanding the provisions of Chapter 9.60.080 (Chickens on Residentially-Zoned Parcels), the following standards apply to all other fowl and other animals within City limits.
1. Number of Fowl and Other Animals.
a. Not more than ten animals, in all, including hares, rabbits and guinea pigs shall be kept on any residential parcels within the city.
b. Not more than ten birds, in all, including pigeons, doves, chickens, ducks, game birds or similar fowl shall be kept on any residential properties within the city.
Roosters are not permitted on any properties within the city limits other than those parcels that are with the A-1, A-E, and R-E zone districts. i. Pursuant to Chapter 9.60.080 (Chickens on Residentially-Zoned Parcels), a maximum of four (4) chickens is permitted on any residentially zoned site.
c. Birds, excluding the above listed birds, kept as household pets are permitted in all residential districts.
2. Prohibited animals. The following animals are prohibited within the city limits, excluding properties that are zoned to the RA (rural residential), UR (urban reserve) or A (agriculture) districts:
a. Swine;
b. Cattle, sheep, goats, and other members of the bovine and ovine families;
c. Horses;
d. Reptiles and amphibians as defined in the California Fish and Game Code;
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e. Turkeys, geese and roosters.
3. Containment.
a. All permitted fowl and other animals shall be housed in cages, hutches, or coops that shall be maintained in a clean and sanitary condition at all time. b. All cages, hutches and coops shall be located in the rear yard area of parcels in residential districts.
9.60.160 Manufactured housing (Manufactured Home / Mobile Home) .
The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:
A. No manufactured home shall be installed that was manufactured more than 10 years from the date of application for installation.
B. Manufactured homes with wheels (i.e., mobile homes) are conclusively assumed to be older than 10 years.
C. All manufactured homes shall meet the following site or architectural standards:
1. All manufactured homes are subject to the development standards of the zone district in which they are located.
2. A manufactured home shall not be less than 20 feet wide.
3. The parking requirements of Chapter 9.54 shall apply.
4. All manufactured housing units and garages shall have a pitched roof with a roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
5. All manufactured housing units, garages, and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate, or built-up asphaltic-gravel materials.
6. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level or the top of the foundation when a solid concrete or masonry perimeter foundation is provided.
7. All manufactured housing units, garages, and carports shall be placed on a permanent foundation that meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
8. The mobile home electrical, gas, water, and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters, and regulators shall not be located beneath the manufactured homes.
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design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
9.60.170 Mini-Warehouse or self-storage.
Mini storage facilities shall be constructed in the following manner:
A. The minimum site area shall be 20,000 square feet.
tt. The site shall be entirely paved, except for structures and landscaping. uu. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.
vv. The site shall be completely enclosed within a six-foot-high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access), which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.
ww. No business activity shall be conducted other than the rental of the storage spaces for inactive storage use.
xx. All storage shall be located within a fully enclosed structure(s). yy. No flammable or otherwise hazardous materials shall be stored on-site. zz. Residential quarters for a manager or caretaker may be provided in the development. aaa. The development shall provide for two parking spaces for the manager/caretaker and a minimum of two spaces located adjacent to or in close proximity to the manager’s quarters for customer parking.
bbb. Aisle width shall be a minimum of 20 feet between buildings to provide unobstructed and safe circulation.
ccc. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays.
ddd. The storage of vehicles, including autos, boats, and RVs, may be permitted subject to approval of a CUP (Chapter 9.80).
9.60.180 Mobile home and Manufactured home parks.
A. No mobile home shall be parked, occupied, or used for any purposes, including, without limitation, living or sleeping purposes, unless the mobile home is located within a licensed mobile home park or the A-I or A-E zone, except that a mobile home may be used for the following temporary purposes outside of a mobile home park: as an office for a construction project, circus, or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 9.76.
eee. A mobile home park requires the approval of a conditional use permit in accordance with the procedures of Chapter 9.72.
fff. The site area standards for a mobile home park shall be as follows:
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1. The minimum area of a mobile home park shall be four acres. If the area of the mobile home park is greater than four acres, the first phase of mobile home park development shall not be less than four acres and shall include all required recreational and service amenities.
2. The residential unit density shall be consistent with the land use designation of the Avenal General Plan.
3. Each mobile home or manufactured home site shall be not less than 3,000 square feet in area, including pad, parking, private access, landscaping, and private storage area. ggg. The following clearance and setback area requirements shall apply to mobile home parks.
No mobile home shall be located in any required building setback area.
1. The front building setback area shall be a minimum of 25 feet.
2. The side and rear building setback areas shall be a minimum of 10 feet or 15 feet when adjacent to public right-of-way.
hhh. The following requirements shall apply to mobile home sites:
1. No mobile home or manufactured home site shall be less than 30 feet in width.
2. The front building setback area shall be a minimum of 10 feet.
3. The side building setback area shall be a minimum of five feet. Patio covers and carport, if open on three sides, may be located within three feet of a side yard property line.
4. The rear building setback areas shall be a minimum of 10 feet.
5. Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted as a part of the required patio area.
6. Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base, which, in combination, are adequate to support the mobile home on a level plane.
iii. The following requirements for parking shall apply to mobile home parks.
1. Each mobile home site shall provide parking for two automobiles. Each parking stall shall not be less than 10 feet wide and 20 feet in length. All parking stalls shall be paved consistent with Avenal’s Standards Specifications and Drawings; tandem parking may be allowed as a condition of the use permit.
2. Not less than one guest stall shall be provided for each five mobile home sites.
3. Parking shall be provided for park offices at a ratio of one parking space for each 400 square feet of gross floor space.
4. Supplemental parking for boats, recreation vehicles, and unoccupied travel trailers shall be used only by the mobile home park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.
5. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 9.54.
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jjj. The following requirements for on-site streets shall apply to mobile home parks.
1. Entrance streets shall be located to assure safe access to and from the public street system.
2. Approved street names shall be provided and maintained by the developer.
3. Minor streets within the mobile home park shall be a minimum of 32 feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with City standards.
4. Parallel parking shall be permitted on both sides of collector streets and only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.
5. If streets within the mobile home park are to be dedicated to the City, street standards shall be consistent with Avenal’s Standards Specifications and Drawings. kkk. Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with City standards. lll. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television.
Usage of an individual television antenna will be permitted but must be located at the rear of the individual mobile home space and shall project no more than two feet above the roof of the mobile home.
mmm. Accessory structures, such as storage buildings and greenhouses, shall not be located within three feet of a side or rear yard property line or six feet from a mobile home. nnn. The following requirements for recreation areas and pedestrian ways shall apply to mobile home parks.
1. Common recreation areas in an aggregate total equal to 10 percent of the gross area of the mobile home park shall be provided at a location or locations that are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.
2. Pedestrian walkways shall be provided throughout the mobile home park, connecting all mobile home or manufactured home sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.
3. Common recreational amenities within the site may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter; barbeque area; court game facilities such as tennis, basketball, or racquetball; improved baseball or softball fields; or, daycare facilities shall be provided for all mobile home parks over 25 units. At least one recreational amenity shall be provided for each 100 units. ooo. Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:
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1. For all lot lines adjacent to public right-of-way, landscaped setback easements shall be provided along the periphery of the mobile home development and shall be a minimum of 10 feet in width.
2. A six-foot masonry wall shall be provided along all public streets. This wall shall be consistent with the setback distances in subsection C above. Where the park adjoins land that is designated for residential, commercial, or industrial uses, a wall shall be constructed on the property line.
3. Landscaping shall be provided in accordance with Chapter 9.52. ppp. Each mobile home park shall provide the following additional facilities:
1. A laundry building for clothes washing and drying.
2. Trash enclosures at locations along the interior street system and integrated with the guest parking areas, which are convenient for all residents and for access by municipal refuse trucks.
qqq. At the time of the placement on the site, all mobile homes and manufactured homes shall be fitted with appropriate skirts from the floor level of the mobile home to the ground to obscure stands, pads, and undercarriage equipment.
9.60.190 Mobile vendor or food truck.
A. A mobile vendor or food truck is allowed only in zone districts identified in Chapter 9.08 as administrative uses.
B. Mobile vendor and food truck regulations can be found in Chapter 6 of Title 6 the Avenal Municipal Code.
9.60.200 Outdoor dining areas.
A. The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in public areas.
B. The following definitions shall apply to this section:
1. “Outdoor dining area” means the use of portions of public sidewalks, public rights-of-way, and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass-through window and sidewalk counter service are also allowed when an outdoor dining area is provided pursuant to this section.
2. “Dining establishment” means a structure whose principal use is the serving of food to the general public.
3. “Drinking establishment” means a structure whose primary use is the serving of alcoholic beverages to the general public, and the serving of food is an accessory use. rrr. Where permissible, all outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section, on-site open space areas may also be used as an outdoor dining area.
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1. Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of the facility.
2. Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that 48 inches of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach on this 48 inches of clear space.
3. Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to clearly define the edges of the space. These outdoor spaces should be accessed from the building they serve.
sss.Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment, which is clear and unimpeded for pedestrian and wheelchair traffic.
ttt. The service of alcoholic beverages and consumption by customers in an outdoor dining area shall be restricted as follows:
1. The operator shall post a written notice to customers as approved by the City, which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.
2. The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.
uuu. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the County Health Department. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including, without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times. vvv. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment or drinking establishment or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive. www. Outdoor dining is an interruptible or terminable privilege. The City shall have the right and power, acting through the City Manager or his or her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area.
xxx. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 9.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the City Council and an accurate drawing showing the configuration of the outdoor dining area, including, without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:
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1. The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.
2. An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.
3. Such other conditions as the City may deem necessary, including, without limitation, conditions to ensure public safety, to protect public improvements, and to provide aesthetic improvements.
4. No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.
5. Upon application being made for an outdoor dining permit, the matter shall also be referred to the City Engineer for consideration of the issuance of an encroachment permit. If required by the City Engineer, the issuance of a permit shall be conditioned upon:
a. Execution of an agreement holding the City harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians in a form acceptable to the City Attorney.
b. Applicant’s insurance meeting requirements acceptable to the City’s Risk Manager.
The City shall be listed as additional insured on the endorsement and tied to the permit number to specify the location and circumstances.
c. Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review.
d. Such conditions as are necessary to restore the appearance of the sidewalk to its original condition on termination of use.
yyy. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use. Umbrellas must be secured with a minimum base of not less than 60 pounds. zzz. The outdoor dining permit shall run with the land and shall continue to be valid upon a change in ownership of the dining establishment, subject to the conditions of approval. aaaa. An outdoor dining permit may be revoked by the City Council following notice to the permittee and a public hearing before the Council. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated, or if the outdoor dining area is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area.
Following the revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation.
bbbb. The decision of the Director may be appealed in accordance with Chapter 9.74. cccc. The Director, police department, or other person authorized by the City Manager shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.
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9.60.210 Outdoor storage areas in commercial and industrial zones.
In all commercial and industrial zones, outdoor storage of materials or equipment that occupies a volume of more than 60 cubic feet and is visible from any abutting public street or abuts property used for residential purposes shall meet the following standards. This section does not apply to temporary storage, such as storage during construction.
A. Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction. The use of galvanized chainlink or wood fence material is not allowed adjacent to streets. Chain link with vinyl slats for screening purposes is permitted.
B. Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This section shall not apply to a junk yard, wrecking yard, or salvage facility.
C. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.
9.60.220 Recycling collection facilities.
A. Recycling facilities are permitted in accordance with Chapter 9.08 and include reverse vending machine(s), small collection, large collection, light processing, and heavy processing and are defined and permitted as follows:
dddd. Reverse vending machine(s) located within a commercial structure may be permitted subject to compliance with the following standards:
A. Shall be installed as an accessory use to a commercial use which is in full compliance with all applicable provisions of this Municipal Code.
B. Shall be located within 30 feet of the entrance to the commercial store and shall not obstruct pedestrian or vehicular circulation.
C. Shall not require additional parking spaces for recycling customers.
D. Shall not occupy parking spaces required by the primary use.
E. Shall not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
F. Shall be constructed and maintained with durable waterproof and rustproof material.
G. 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.
H. Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis.
I. Operating hours shall be consistent with the operating hours of the primary use.
J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
K. Shall maintain an adequate on-site refuse container for the disposal of non-hazardous waste.
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L. Shall be located in an area screened from public right-of-way and in a well-lit, secure area. eeee. Small collection facilities located within applicable commercial and industrial land use districts shall comply with the following standards:
A. Shall be allowed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this title and the Municipal Code.
B. Shall be no larger than 500 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.
C. Shall comply with the setbacks of the base zoning designation and shall not obstruct pedestrian or vehicular circulation.
D. Shall accept only California Redemption Value (CRV) redeemable beverage containers.
E. Shall use no power-driven processing equipment except for reverse vending machines.
F. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Shipping containers are not permitted.
G. Shall store all recyclable material inside when the attendant is not present.
H. Shall be maintained in a clean and sanitary manner, free of litter and any other undesirable materials, including mobile facilities.
I. Shall not exceed noise levels of 65 dBA as measured at the property line of adjacent residential land use districts.
J. Attended facilities shall not be located within 100 feet of any residential land use district.
K. Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and harmonize with the surrounding uses and neighborhood.
L. Containers shall be clearly marked to identify the type of material that 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 container enclosure of containers.
M. The facility shall not impair the landscaping required by Chapter 9.52 for any concurrent use.
N. No additional parking space shall be required for customers of a small collection facility located at the established parking lot of a primary use.
O. 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.
P. Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required by the primary use unless all of the following conditions exist:
a. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.
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b. The permit shall be reviewed at the end of 18 months.
A. Small collection facilities shall not operate between the hours of 7:00 p.m. and 7:00 a.m.; B. Shall be screened from the view of public right-of-way and adjacent residential land use districts with intensive mature landscaping and/or landscaping in conjunction with six-foot solid decorative masonry walls which are similar in character and architecturally compatible with the primary structure on-site.
C. Shall maintain adequate refuse containers for the disposal of non-hazardous waste.
D. Small recycling facilities shall not be clustered and shall be located at least a half mile from the nearest similar facility.
E. Conditions of approval for a small recycling facility shall be clearly visible on the site for the public’s inspection at all times.
c. A large collection facility that is larger than 500 square feet, or on a separate parcel, not accessory to a "primary" use, which has a permanent structure may be permitted in the industrial land use districts and is subject to the following standards:
A. The facility shall not abut a parcel designated or planned for residential use.
B. The facility shall be screened from the public right-of-way within an enclosed structure.
C. Structure setbacks and landscape requirements shall be those provided for in the land use district in which the facility is located.
D. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a six-foot solid decorative masonry wall. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage.
E. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.
F. Space shall be provided on-site for six vehicles to circulate and deposit recyclable materials.
G. Parking shall be provided in accordance with Chapter 9.54, plus one parking space for each commercial vehicle operated by the recycling facility shall be provided for on-site.
H. Noise levels shall not exceed 65 dBA as measured at the property boundary or any area planned for residential use. It shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.
I. Any containers provided for after-hours donation of recyclable materials shall be at least 50 feet from any residential land use district, permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.
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K. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation; identification and informal signs shall meet the standards of the land use district; and directional signs bearing no advertising message may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation.
L. Adequate refuse containers for the disposal of non-hazardous waste shall be maintained on the site.
M. Conditions of approval for a large recycling facility shall be clearly visible on the site for the public’s inspection at all times.
d. Light processing facilities and large processors may be permitted in an industrial zone and shall comply with the following standards:
A. Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility.
B. The facility shall not abut a parcel designated or planned for residential use.
C. In the M-1 zone, the facility shall operate in a completely enclosed structure.
D. Power-driven processing shall be permitted, provided all noise level requirements are met.
Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and the repairing of reusable materials.
E. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact, or bale ferrous metals other than food and beverage containers.
F. Structure setbacks and landscaping requirements shall be those provided for in the zone in which the facility is located.
G. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable materials (allowed only in the M-2 zone) shall be constructed of nonflammable material. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be permitted in the zones which do not permit outdoor storage.
H. The site shall be maintained clean, sanitary, and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis, and the site shall be secured from unauthorized entry and removal of materials when attendants are not present; I. Space shall be provided on-site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of eight customers at any one time.
J. Parking shall be provided in accordance with Chapter 9.54.
K. Noise levels shall not exceed 65 dBA as measured at the property boundary or any area planned for residential land use districts.
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L. If the facility is located within 500 feet of the property designated or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open.
M. Any containers provided for after-hours donation of recyclable materials shall be at least 100 feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.
N. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
O. Conditions of approval for light processing facilities and large processors shall be clearly visible on the site for the public’s inspection at all times.
P. Signs shall be installed pursuant to Chapter 9.56. Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
Q. No dust, fumes, smoke, vibration, odor, or glare above the ambient level shall be detectable from adjacent residentially designated parcels.
R. The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste.
9.60.230 Sale of vehicle fuel.
A. A conditional use permit is required for a business engaged in the sale of vehicle fuel or diesel fuel.
e. The following are development standards and location criteria for businesses engaged in the sale of vehicle fuel:
1. Service stations, convenience stores, and mini-markets shall have a minimum lot size of not less than 15,000 square feet, with not less than 125 feet of frontage on a public street (this requirement shall not apply to the redevelopment of a preexisting service station use).
2. New service stations shall be permitted only at the intersections of arterial, State highway, and collector streets. A maximum of one service station shall be permitted at each intersection. Except in the case of an integrated commercial shopping center, where the Planning Commission, at its discretion, may allow the development of a service station, provided that the service station can be made a functional part of the center; that it will blend architecturally with the center; and that it will not disrupt either the internal or external traffic flow in and around the center.
3. Utility trailers and rental trucks may be stored (for rental purposes) on a service station site, provided they are screened from view and adequate space is provided in addition to the minimum size requirement. Utility trailers and other rental equipment shall not be permitted in a C-C district or in shopping centers.
4. All merchandise shall be stored and displayed within the service station building, with the exception of lubricating items and accessories, which may be displayed and maintained in movable cabinets or racks specially designed for the display of such items.
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5. All repair works and servicing operations shall be conducted within a completely enclosed building. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. No dismantling of automobiles for the purposes of selling parts shall be allowed.
6. No body or fender work, automobile painting, or tire recapping shall be permitted.
9.60.240 Shipping containers.
A. Shipping containers, also known as C-trains, may only be used for storage in the C-S, PF, M1, and M-2 zones, on City-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.
B. Shipping containers shall be incidental to the primary use on the site and/or shopping center.
They are not permitted on a stand-alone parking lot or on vacant property.
C. The maximum number of shipping containers allowed on a site shall be limited to one per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one shipping container is allowed.
D. Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.
E. Shipping containers shall be located, screened, or painted to be difficult to view from a public right-of-way, state highway, or residential zone district to the greatest extent feasible as determined by the Director.
F. Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 24 hours.
G. Shipping containers may not be used to store flammable liquids or other hazardous materials, as determined by the Fire Chief.
H. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.
I. There shall be no utility connections to the shipping container unless specifically allowed through a building permit.
J. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.
9.60.250 Swimming pools.
A. New below-ground swimming pools shall be constructed at least three feet from any property line.
B. Swimming pools shall be entirely closed by structures, fences, or walls in compliance with California Government Code Section 115920 – The Swimming Pool Act.
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greater than three inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four feet above grade.
C. No swimming pool shall be filled with water until the enclosing fence or wall has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.
9.60.260 Vending machines.
The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:
A. Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.
B. A minimum walkway of four feet is required in front of all outdoor vending machines.
C. Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
D. Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.
E. Vending machines are permitted to cover up to a maximum of 10 feet of the length of the primary building frontage.
F. Vending machine installations shall not have exposed conduits, piping, or overhead utility connections.
G. All outdoor machines shall be maintained in a clean and attractive condition.
H. Any graffiti on an outdoor vending machine shall be removed within 24 hours.
I. If the outdoor machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
9.60.270 Wireless communication facilities and towers.
See Chapter 9.68 for standards for wireless communication facilities and towers.
9.60.280 Adult entertainment establishments.
See Chapter 9.62 for standards for adult entertainment establishments.
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Chapter 9.62
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
9.62.010 Purpose and intent.
9.62.020 Definitions.
9.62.030 Establishment and classification of businesses regulated.
9.62.040 Measurement of distance.
9.62.050 Location of sexually oriented business.
9.62.060 Non-conforming uses.
9.62.070 Injunction.
9.62.080 Exception for certain nude modeling.
9.62.010 Purpose and intent.
A. It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Avenal and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.
B. One of the important purposes of the regulations set forth in this chapter is to discourage and minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit to be interpreted to permit any use, conduct, and/or activity that is specifically prohibited under the following California Penal Code sections, including:
1. Receipt of money for placement of a person for purposes of cohabitation (Penal Code 266d).
2. Purchase of a person for purposes of prostitution or placement of a person for immoral purposes (Penal Code 266e).
3. Sale of a person for immoral purposes (Penal Code 266f).
4. Pimping (Penal Code 266h).
5. Pandering (Penal Code 266i).
6. Lewd or obscene conduct (Penal Code 314).
7. Houses of ill-fame (Penal Code 315).
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8. Disorderly houses which disturb the immediate neighborhood (Penal Code 316).
9. Places of prostitution (Penal Code 317).
10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).
C. Nothing in this chapter shall be interpreted to permit any use, conduct, and/or activity which violates any federal, State, or local law of regulation.
9.62.020 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
A. “Sexually oriented businesses” are those businesses defined as follows:
1. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, similar machines, or other imageproducing machines for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
2. “Adult bookstore,” “Adult novelty store,” or “Adult video store” means a commercial establishment that (a) has as a significant or substantial portion of its stock-in-trade, or (b) derives a significant or substantial portion of its revenues, or (c) devotes a significant or substantial portion of its interior floor or display space, or (d) devotes a significant or substantial portion of its business activities or employees’ time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of “specified sexual activities” or “specified anatomical areas.”
b. Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
c. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental, or viewing of materials, depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities.”
3. “Adult cabaret” means a nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served that regularly features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of “specified anatomical areas,” or by “specified sexual activities,” or (c) films, motion pictures, video cassettes, slides, or other photographic September 26, 2024 Pg. 282
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reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
4. “Adult motel” means a motel, hotel, or similar commercial establishment that (a) offers public accommodations for any form of consideration and which regularly provides or makes available to patrons closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than 10 hours, or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than 10 hours.
5. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions depicting or describing “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
6. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
7. “Nude model studio” means any place where a person, who appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.
8. “Regularly features” or “regularly shown” with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any 30-day period or carried on as part of the business’s routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
9. “Significant” or “substantial portion” means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25 percent or more of its revenues are derived from such sexually oriented activities or materials, or that 25 percent or more of its interior floor space or display space is devoted to such sexually September 26, 2024 Pg. 283
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oriented activities or materials, or that 25 percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials shall be evidence that a “significant or substantial portion” of the business is devoted to such uses.
B. “Employee” means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operation of said business.
C. “Establishment” means and includes any of the following:
1. The opening or commencement of any such business as a new business.
2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter.
3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business.
4. The relocation of any such sexually oriented business.
5. The substantial enlargement of any such sexually oriented business.
D. “Nudity” or “state of nudity” means (a) the appearance or display of a human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
E. “Operator” means and includes the owner, permit holder, custodian manager, operator, or person in charge of any permitted or licensed premises.
F. “Permitted or “Unlicensed premises” means any premises that require a license and/or permit that is classified as a sexually oriented business.
G. “Permittee and/or licensee” means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
H. “Person” means an individual, proprietorship, partnership, corporation, association or other legal entity.
I. “Public building regularly frequented by children” means any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children’s center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.
J. “Public park” or “recreation area” means public land that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
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K. “Religious institution” means any church, synagogue, mosque, temple, or building that is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll.
L. “School” means any public or private educational facility, including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds but does not include the facilities used primarily for another purpose and only incidentally as a school.
M. “Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
N. “Sensitive land uses” means residences and residential neighborhoods, child daycare facilities, cemeteries, religious institutions, schools, boys’ clubs, girls’ clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children.
O. “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency, or nude model studio.
P. “Specified anatomical areas” as used in this chapter means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Q. “Specified sexual activities” as used in this chapter, means and includes any of the following:
1. The fondling or other intentional touching of buttocks for the purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal, or tumescence.
5. Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 4 of this subsection.
R. “Substantial enlargement of a sexually oriented business” means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this chapter.
S. “Transfer of ownership or control of a sexually oriented business” means and includes any of the following:
1. The sale, lease, or sublease of the business.
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2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
9.62.030 Establishment and classification of businesses regulated.
The establishment of any sexually oriented business shall be permitted only in the zone district permitted and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1,000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:
A. Adult arcade.
B. Adult bookstore, adult novelty store, or adult video store.
C. Adult cabaret.
D. Adult motel.
E. Adult motion picture theater.
F. Adult theater.
G. Nude model studio.
9.62.040 Measurement of distance.
The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.
9.62.050 Location of sexually oriented business.
The City of Avenal’s Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Avenal Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:
A. The person commits a misdemeanor if he operates, or causes to be operated, a sexually oriented business outside of a permitted zone.
B. The person commits a misdemeanor if he operates, or causes to be operated, a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.
9.62.060 Non-conforming uses.
A. Any sexually oriented businesses operating at the effective date of this Ordinance that is in violation of Sections 9.62.030 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a two-year period, with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three years in addition to the initial amortization period. Any such non-conforming business loses its right to operate as a non-conforming use if, for any reason, it voluntarily discontinues its business operation for a period of 30 days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such non-conforming uses, while nonSeptember 26, 2024 Pg. 286 City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 223 2024
conforming, shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
B. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location subsequent to the grant or renewal of the sexually oriented business permit and/or license within 1,000 feet of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal, non-conforming status of such use.
D. Amortization. Any adult-oriented business which was of legal use at the time of the annexation of the property and which is located in the city but which does not conform to the provisions of Sections 9.62.030 shall be terminated within two years of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 9.62.060 A.
9.62.070 Injunction.
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or 180 days imprisonment or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys’ fees, and costs of the City, at the discretion of the court.
9.62.080 Exception for certain nude modeling.
It is a defense to prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school licensed by the State of California, a college, junior college, or university supported entirely or partly by taxation.
B. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
2. Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
3. Where no more than one nude model is on the premises at any one time.
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Chapter 9.64
SIDEWALK VENDING AND STATIONARY MOBILE VENDORS
Sections:
9.64.010 Purpose and intent.
9.64.020 Definitions.
9.64.030 Sidewalk vending activities prohibited in designated areas.
9.64.040 Permit required.
9.64.050 Issuance of permit.
9.64.060 Permit application fee.
9.64.070 Regulation of sidewalk vendors, receptacles, and activities.
9.64.080 Penalties and violations.
9.64.090 Permit revocation.
9.64.010 Purpose and intent.
A. The City Council hereby finds that, to promote the health, safety, and welfare, restrictions on sidewalk vending are necessary to avoid negative impacts on the health, safety, and welfare of the residents, including but not limited to the following:
1. Proliferation of illegal sales.
2. Potential public exposure to food-borne illnesses due to unlicensed vendors and unsanitary conditions.
3. Increase in trash and debris in public rights-of-way.
4. Overcrowded sidewalks impacting safe pedestrian movement.
5. Interference to the performance of police, firefighter, and emergency medical personnel, including the ability to safely enter buildings or view through windows.
6. Disruption to the flow of pedestrian and vehicular traffic, including ingress or egress from any residence, public building, place of business, or from the street to the sidewalk by persons exiting or entering vehicles.
7. Disruption of reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, and locations used for public transportation services.
8. Exposure to legal liability to the City due to personal injury or claims for damage and litigation due to use of public property.
9. Exposure of adult and minor residents to vendors with a certain criminal history and background.
B. The unique characteristics of Avenal require certain area-specific restrictions on sidewalk vending as follows:
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1. City Hall and the various public safety buildings in the city house other critical infrastructure and equipment. Vending restrictions are necessary to ensure that public safety apparatuses are readily accessible and critical infrastructure is maintained and accessible at all times.
2. Restrictions on sidewalk vending in or around parks are necessary to protect the health, safety, and general welfare of those persons engaged in active parks and sports activities as well as spectators of sporting events and park activities.
3. Many of the sidewalks and pathways in Avenal are under eight feet wide, and sidewalk vending in these areas unreasonably interferes with the flow of pedestrians and disrupts access for persons with disabilities or decreases safety for users of Avenal’s sidewalks.
4. Due to the close interaction between sidewalk vendors and seniors, children, and residents generally, the restrictions placed on sidewalk vending are intended to protect the health, safety, and general welfare of the public, and criminal history investigations are necessary to protect the general public.
9.64.020 Definitions.
For the purpose of this chapter, the words, terms, and phrases shall be defined as set forth herein unless the context clearly indicates a different meaning is intended. Words, terms, and phrases used in this chapter that are not specifically defined shall be construed according to their context and the customary usage of the language.
“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.
“City Manager” means the City Manager of the City of Avenal or his/her designated representative.
“Fire station” means any facility where fire engines and other emergency-related equipment of the City of Avenal or the Kings County Fire Department are housed. “Food” means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.
“Heating element” means any device used to create heat for food preparation. “Merchandise” means any item(s) that may be sold and immediately obtained from a sidewalk vendor, which is not considered food.
“Park” means the parks owned and/or controlled by the City of Avenal. “Parkway” means that portion of a street or highway other than the roadway or the sidewalk and is generally identified as the space between the street and the sidewalk or street medians. “Pathway” means a paved path or walkway owned by the City of Avenal or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. “Police station” means any facility located in the City of Avenal where City of Avenal Police or Kings County Sheriff vehicles and other equipment are housed.
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“Public property” means all property owned or controlled by the City of Avenal, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lots.
“Residential” means any area zoned exclusively as residential in Title 9 of the Avenal Municipal Code or is designated exclusively for residential use as part of a conditional use permit, specific plan, residential overlay district, planned unit development (PUD), or equivalent. “Roadway” means that portion of the street that is improved, designed, or ordinarily used for vehicular travel.
“Roaming sidewalk vendor” shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk” means that portion of the highway or street other than the roadway or parkway, set apart by curbs, barriers, markings, or other delineation, which is used principally for pedestrian travel.
“Sidewalk vendor” shall mean a person who vends food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance or from one’s person upon a public sidewalk or other pedestrian path, or such other meaning of such term as may be ascribed by Government Code Section 51036(a) from time to time. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in or upon public rights-of-way in anticipation of becoming a sidewalk vendor, such as, but not limited to, placement or maintenance of any sidewalk vendor facilities.
“Sidewalk vending facilities” or “sidewalk vendor facilities” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.
“Sidewalk vendor permit” or “permit” shall mean the permit issued by the City Manager and required prior to any person engaging in sidewalk vending activities in the city. “Stationary sidewalk vendor” shall mean a sidewalk vendor who vends from a fixed location. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code and any regulations adopted pursuant to that article.
9.64.030 Sidewalk vending activities prohibited in designated areas.
Notwithstanding this chapter and any provisions of the Avenal Municipal Code, it is unlawful for any person to engage in sidewalk vending activities within the following locations or areas within Avenal:
A. Any public property that does not meet the definition of a sidewalk or pathway, including, but not limited to, any roadway, street, alley, or parking lot.
B. Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operated in compliance with this Ordinance shall not be prohibited.
C. On any sidewalk or pathway that is not a minimum width of eight feet.
D. Within 500 feet of the following:
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1. An area designated for a temporary use permit issued in accordance with Chapter 9.76, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s temporary use permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary use permit;
2. Avenal City Hall, a police station, or a fire station.
3. Any public or private school or a child daycare facility between the hours of 6:00 a.m. and 6:00 p.m.
4. Any place of assembly or worship between one hour before and one hour after a scheduled event or presentation times.
5. An area designated for a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market.
6. Any sheriff or police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to thepublic.
E. Within 50 feet of any public picnic area, playground area, playground equipment, public community center, athletic field or court, or public restroom.
F. Within 50 feet of another sidewalk vendor.
G. Within 10 feet of a marked crosswalk, a curb return of an unmarked crosswalk, a fire hydrant, a fire call box, a fire department connection, other emergency facility, a bus bench, a transit or bus shelter, a driveway or driveway apron, a curb which has been designated as white, yellow, green, blue, or red zone, an ATM or other vending machine, an entrance or exit to a building, structure or facility, or a bike rack.
H. Within 10 feet ahead, and 45 feet to the rear of a sign designating a bus stop.
I. Within 10 feet of a commercial outdoor dining or patio dining area.
J. At any park, or the sidewalk adjacent to any park, where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
K. In or on the median of any street, road, or highway.
L. In or immediately adjacent to any area designed for bus zones, stopping, or loading.
M. In any location where the sidewalk vending activities would block manholes, utility access points, vents, or views through windows.
N. In any location where the operation of sidewalk vending activities would result in or cause a violation of applicable law, including, but not limited to, the Americans with Disabilities Act.
O. Notwithstanding any specific prohibition in this Ordinance, any location or area where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.
9.64.040 Permit required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within Avenal without first applying for and receiving a permit from the City September 26, 2024 Pg. 291
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Manager under this chapter and maintaining at all times in full force and effect, the sidewalk vending permit, a business license pursuant to Chapter 1 of Title 3 of the City of Avenal Municipal Code, and any other permits, authorizations, or approvals required by law from the City or other governmental agency that is applicable to sidewalk vending activities.
B. Any person wishing to engage in sidewalk vendor activities as defined in this chapter shall file an application with the City Manager on forms approved by the City Manager. Such application shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor.
2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity, and/or be responsible for the person(s) working at the sidewalk vending receptacle.
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.
4. The number of sidewalk vending receptacles the sidewalk vendor will operate within Avenal under the permit.
5. The location(s) in Avenal where the sidewalk vendor intendsto operate.
6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s).
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel.
8. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto.
9. Whether the sidewalk vendor will be selling food, merchandise, or both.
10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on-site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any.
11. If the vendor is selling merchandise, a description of the merchandise to be sold.
12. If the vendor is selling food, the name and address of the food commissary in which the sidewalk vending receptacle is stored and maintained.
13. A copy of the public health permit required for any sidewalk vendors selling food, as required by the Kings County Environmental Health Department.
14. Proof the person possesses a valid California Department of Tax and Fee Administration seller’s permit, which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor’s permit.
15. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and federal laws.
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16. A certification that, to their knowledge and belief, the information contained within the application is true.
17. An agreement by the sidewalk vendor to defend, indemnify, release, and hold harmless the City, its City Council, commissions, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.
18. An acknowledgment that use of public property is at the sidewalk vendor’s own risk and that the City does not take any steps to ensure the public property is safe or conducive to the sidewalk vending activities, and that the sidewalk vendor uses the public property at the vendor’s own risk and assumes such risks.
19. An acknowledgment that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter and any insurance required by the City’s Risk Manager.
20. Any other relevant information required by the City Manager.
C. As part of the application, a vendor shall cooperate with the City Manager and submit to a local and State summary criminal history information investigation and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the City Manager to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in this chapter.
9.64.050 Issuance of permit.
A. Within 30 calendar days of receiving a completed application, the City Manager shall issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if the City Manager finds all of the following:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement or tend to interfere with or endanger the public peace or rights of nearby tenants to the quiet enjoyment and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare.
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor.
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken.
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4. The conduct of such sidewalk vending activity will not require the diversion of law enforcement officers to properly police the area of such activity so as to interfere with normal law enforcement protection for other areas of Avenal.
5. The sidewalk vendor’s application contains all the required information.
6. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.
7. The sidewalk vendor has satisfied all the requirements of this chapter.
8. The sidewalk vendor has paid all applicable fees as set by the City Council resolution.
9. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this chapter.
10. The sidewalk vendor has adequate insurance to protect the City from liability associated with the sidewalk vendor’s activities, as determined by the City’s Risk Manager or designee.
11. The sidewalk vendor, or any other person for whom information is required to be provided pursuant to this chapter, has not, within the past three years, been convicted of or pled no contest to any felony or of any misdemeanor crime involving moral turpitude or such crime that is substantially related to the qualifications, functions, or duties of a sidewalk vendor, including, but not limited to, the crimes listed under of the California Penal Code, Part 1, Title 9 - Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals.
B. The City Manager, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect public health, safety, and welfare and to implement the intent and purpose of this chapter.
C. All permits issued under this chapter shall expire 12 months from the date of issuance. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Ordinance.
Only one sidewalk vendor permit may be issued to any single person, company, or entity, and the permit shall specify whether the permit is for roaming sidewalk vending or stationary sidewalk vending. No person, company, or entity shall conduct both roaming and stationary sidewalk vending under a permit.
D. The City Manager shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least 30 calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.
9.64.060 Permit application fee.
Each application for a sidewalk vendor permit and each application for an annual renewal of a sidewalk vendor permit shall be accompanied by a non-refundable applicable fee, or nonrefundable application renewal fee, as applicable, each in an amount established by resolution of the City Council.
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9.64.070 Regulation of sidewalk vendors, receptacles, and activities.
A. All persons engaging in sidewalk vending activities within the City of Avenal shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:
1. The sidewalk vendor permit issued by the City shall be displayed conspicuously at alltimes on the sidewalk vending receptacle or the vendor’s person.
2. If applicable, a permit issued by the County of Kings shall be displayed conspicuously at all times on the sidewalk vending receptacle or the vendor’s person.
3. Sidewalk vendors must operate in compliance with all applicable federal, State, County, and local laws.
4. Sidewalk vendors shall not store or leave their sidewalk vending receptacle unattended on public property for any reason, including, but not limited, to the purpose of soliciting business.
5. The sidewalk vending receptacle shall not be chained, fastened, tethered, or otherwise attached to any pole, sign, tree, or other objects in the public right-of-way.
6. Sidewalk vending activities are prohibited between the hours of 10:00 p.m. and 7:00 a.m. daily.
7. The sidewalk vending receptacle shall not be located on any public property when the receptacle is not being actively utilized for sidewalk vending activities.
8. Sidewalk vendors shall allow a law enforcement officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities at any time during the operation of such activities to inspect the sidewalk vending receptacle for compliance with the requirements of this chapter, the sidewalk vending permit, and to ensure the safe operation thereof.
9. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending receptacle shall be within five feet thereof when conducting sidewalk vending activities.
10. Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property and otherwise comply at all times with the location-related restrictions set forth in this Ordinance relative to sidewalk vending activities.
11. Sidewalk vendors shall comply with the noise standards provided in the Avenal Municipal Code and shall not utilize any amplifying or sound-generating equipment or devices in connection with sidewalk vendor activities, with the exception of one bell with a maximum diameter of two inches.
12. Sidewalk vendors shall maintain a trash container in or on the sidewalk vending receptacle and immediately clean up any food, waste, grease, or other fluid or item related to sidewalk vending activities from public property. The trash receptacle must be large enough to accommodate customer trash without utilizing existing trash receptacles located on any September 26, 2024 Pg. 295
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block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on public property.
13. Sidewalk vendors shall not discharge or allow to discharge any fluids, liquids, grease, or hazardous materials on private or public property.
14. Sidewalk vendors shall ensure that, at all times, a 10-foot area immediately surrounding the sidewalk vending receptacle is free and clear from trash, litter, and debris at all times.
15. Sidewalk vendors shall, at all times, maintain a minimum four-foot-wide area over and across any pathway, sidewalk, or public property that is free from and clear from all obstructions associated with sidewalk vendor activities, including, but not limited to, sidewalk vending receptacle and customer queuing areas. Notwithstanding the specifics of this subsection, the area to be kept free and clear shall be at least as large as necessary to comply with the Americans with Disabilities Act.
B. All sidewalk vending receptacles utilized for sidewalk vending activities shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:
1. Except as may otherwise be approved in a sidewalk vending permit, sidewalk vending receptacles and any attachments thereto, including, but not limited to food, merchandise, or signage, shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. In approving sidewalk vending receptacles of greater size, the City Manager shall evaluate such requests by balancing: (a) the sidewalk vendor’s reasonable need for a larger sidewalk vending receptacle given the nature of the sidewalk vending activities to be operated, the merchandise or food to be sold, and the location where the sidewalk vending activities are proposed to be operated, against; (b) the risk to the public health, welfare, and safety created by the larger sidewalk vending receptacle.
2. All signage and advertising related in any way to the sidewalk vendor shall comply with the terms and conditions of the permit and shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person.
3. Sidewalk vendors shall not utilize any electrical, flashing, wind-powered, or animated signs.
4. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any other building or structure, including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, news racks, trashcans, trees, or trafficbarriers.
C. No person engaging in sidewalk vending activities shall engage in any of the following:
1. Renting of merchandise to customers.
2. Displaying of merchandise or food that is not available for immediate sale.
3. Selling of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, or any other business or occupation that is not permitted or is prohibited by the Avenal Municipal Code.
4. Using an electrical outlet or power source that is owned by the City or another person other than the sidewalkvendor.
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5. Utilizing a portable generator in connection with sidewalk vending activities.
6. Conducting sidewalk vending activities under shaded structures, awnings, gazebos, and bandshells in parks, except as authorized by an agreement with the City.
7. Continuing to offer food or merchandise for sale to any person who has been offered food or merchandise by the sidewalk vendor and has declined the offer, or following or otherwise harassing any such person, or otherwise making any statements, gesture, or other communication that would be perceived as threatening by a reasonable person.
8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise forsale.
9. Blocking or impeding the free flow of any pedestrian or vehicle traversing public property.
9.64.080 Penalties and violations.
A. Violators of this Ordinance shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citations and revocation structure:
1. Except as otherwise provided in this Ordinance, any violation of this Ordinance shall be subject to administrative fines in the following amounts:
a. An administrative fine not exceeding $100 for a first violation. b. An administrative fine not exceeding $200 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
2. If any person violates any portion of this Ordinance and cannot present proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:
a. An administrative fine not exceeding $250 for a first violation. b. An administrative fine not exceeding $500 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
3. Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection B shall be reduced to the administrative fines set forth in subsection A.
B. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed.
C. Notwithstanding the foregoing, the City Manager, or City Council on appeal, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of this subsection.
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9.64.090 Permit revocation.
A. Permits issued under the provisions of this chapter may be revoked by the City Council after a noticed hearing for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application for a permit.
2. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
3. Upon a sidewalk vendor being issued a fourth or subsequent citation for violations of this Ordinance within one calendar year of the first violation.
B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the last known address of the licensee, at least five days prior to the date set for hearing.
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Chapter 9.66
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
9.66.010 Purpose.
9.66.020 Definitions.
9.66.030 Applicability of chapter.
9.66.040 Compliance with state and local requirements.
9.66.050 Duties of building inspector.
9.66.060 Conditional use permits.
9.66.070 Inspections; issuance of building permit.
9.66.080 Appeals.
9.66.010 Purpose.
The City seeks to implement Assembly Bill 2188 (2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems. This chapter shall also be known and may be cited as the “small residential rooftop solar chapter.”
9.66.020 Definitions.
The following definitions shall apply solely to this chapter of the Municipal Code:
A. “Solar energy system” shall have the same meaning set forth in Civil Code Section 801.5(a)(1) and (a)(2) or successor statute, as amended from time to time.
B. “Small residential rooftop solar energy system” shall have the same meaning set forth in Government Code section 65850.5(j)(3) or successor statute, as amended from time to time.
C. “Electronic submittal” means the utilization of facsimile.
D. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
E. A “common interest development” means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
F. “Specific, adverse impact” shall have the same meaning set forth in Government Code Section 65850.5(j)(5) or successor statute, as amended from time to time.
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9.66.030 Applicability of chapter.
A. This chapter of the City’s Code applies to the permitting of all small residential rooftop solar energy systems in the city.
f. Small residential rooftop solar energy systems lawfully established or permitted prior to the effective date of this chapter of the City’s Code are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the wattage, size, type, or components thereof which shall require new permitting. Routine operation and maintenance or like-kind replacement of existing components shall not require a permit.
9.66.040 Compliance with state and local requirements.
In order for a valid permit to be issued, the proposed solar energy system must satisfy all applicable health and safety standards and requirements enacted by the State and the City.
9.66.050 Duties of building inspector.
A. In accordance with Government Code section 65850.5(g)(1), the City’s building inspectorshall prepare and adopt a checklist of all requirements with which small residential rooftop solar energy systems must comply in order to be eligible for expedited review and an accurate application which satisfies those requirements shall be deemed complete. All requirements in the checklist and any procedures identified therein must conform to the minimum standards and requirements found in the most current version of the California Solar Permitting Guidebook published by the Governor’s Office of Planning and Research.
B. In accordance with Government Code Section 65850.5(g)(2), the building inspector must ensure the checklist and all document forms required for the submission of an expedited solar energy system application are publicly accessible on a City webpage during such times as the City has an operative Internet website.
C. In connection with small residential rooftop solar energy system permit applications, and in addition to an applicant’s original wet signatures thereon, the Directorshall alternatively accept an electronic signature and submittal of the required permit application and documents by facsimile. The Director may also elect to accept any additional form of electronic signatures specified in Government Code Section 65850.5(g)(2) provided that the Director has sufficient equipment, software, and other technical and human resources capable of reliably doing so for all applicants so desiring.
D. In accordance with Civil Code Section 714(e)(1) and Government Code Section 65850.5(b), an application for approval to install a solar energy system shall be processed by the Director in the same manner as an application for approval of an architectural modification to the property, and must not be willfully avoided or delayed, provided that such review process shall be administrative, nondiscretionary and similar to approval of building permits. The Director’s approval shall be, and is, contingent upon valid issuance of a building permit by the City’s Building Official.
E. The Director and Building Official must ensure that all fees prescribed for the permitting of small residential rooftop solar energy systems comply with all laws, including Government Code Sections 65850.55, 66015, and 66016 and Health and Safety Code Section 17951, to the extent applicable.
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9.66.060 Conditional use permits.
A. To the extent not otherwise prohibited by Government Code Section 65850.5(b), a conditional use permit shall be required if the City’s building official makes a finding, based upon substantial evidence, that the proposed solar energy system could have a specific, adverse impact upon the public health and safety. A conditional use permit to install a solar energy system must and shall be denied if, based on substantial evidence, the City finds that the proposed installation would have a specific, adverse impact on public health or safety and there is no feasible method to satisfactorily mitigate or avoid the same.
B. The City may impose any condition within a conditional use permit that is designed to mitigate the specific, adverse impact on health and safety at the lowest possible cost.
9.66.070 Inspections; issuance of building permit.
A. In connection with small residential rooftop solar energy systems that qualify for expedited review, only one inspection shall be required and performed by the building official, except that a separate fire safety inspection may be performed whenever the City does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. In accordance with Government Code Section 65850.5(h), if a small residential rooftop solar energy system fails an inspection, a subsequent inspection must be scheduled, which need not conform to the requirements of this chapter.
B. An inspection under this chapter must be performed in a timely manner, and whenever reasonably possible, building official and fire safety inspections should be consolidated. Unless extraordinary circumstances exist, an inspection will be scheduled within five business days after a written request is received by the City and the applicant must be provided with a threehour inspection window.
C. The building official shall issue or deny a building permit within two business days after completing the inspection of a small residential rooftop solar energy system or within two business days after the completion of a fire safety inspection, whichever is later.
9.66.080 Appeals.
The denial of a permit, which is governed by this chapter, shall be appealable to the planning commission. The procedures and deadlines governing such appeal shall be the same procedures and deadlines prescribed in the City’s Code for appeals to the City Council in connection with the denial of a conditional use permit, except that in its sole and absolute discretion, the City Council (or its designee) reserves the right to hear or decline a request to hear an appeal of the planning commission’s decision. If the City Council agrees to hear an appeal from the Planning Commission, the decision of the City Council (or its designee) shall be final and supersede the decision of the Planning Commission.
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Chapter 9.68
WIRELESS COMMUNICATION FACILITIES AND TOWERS
Sections:
9.68.010 Purpose and application.
9.68.020 Definitions.
9.68.030 Principle or accessory use.
9.68.040 Measurement of setbacks.
9.68.050 Effect on non-conforming uses.
9.68.060 General standards.
9.68.070 Co-location of facilities.
9.68.080 Exemptions.
9.68.090 Permitted and conditional uses.
9.68.100 Application process.
9.68.110 Appeals.
9.68.120 Review criteria.
9.68.130 Federal and State regulations.
9.68.140 Removal of abandoned antennas, towers, supporting equipment, and structures.
9.68.010 Purpose and application.
The purpose of this chapter is to establish standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to, antennas for wireless telecommunications facilities and amateur radio installations. These standards are adopted to promote the following objectives:
A. Minimize the potentially adverse effects of telecommunications antenna and facility installation.
B. Protect against visual blight, which may result from unregulated installation of antennas and other telecommunications facilities, and ensure the co-location of new and existing tower and antenna sites whenever possible.
C. Protect the public safety and general welfare of the community.
D. Ensure that a competitive and broad range of telecommunications services and high-quality telecommunications infrastructure are provided.
E. Create and preserve telecommunications facilities that will serve as an important and effective part of Avenal’s emergency response network.
9.68.020 Definitions.
For the purposes of this chapter, unless otherwise defined, the following words and phrases, when used in this chapter, are defined as follows:
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“Antenna” means a system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.
“Antenna, amateur radio” means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).
“Antenna array” means one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the support structure as defined below.
“Antenna, building mounted” means an antenna that is mounted to a building or rooftop equipment screen and that transmits or receives electromagnetic signals. “Antenna, direct broadcast satellite service (DBS)” means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite. “Antenna, multipoint distribution services (MDS)” means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.
“Antenna structure” means an antenna array and its associated support structure, such as a mast or tower (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves.
“Antenna structure, freestanding” means an antenna structure or mast that is not attached to a building, fence, or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds 20 feet, it shall be treated as a monopole.
“Antenna structure, monopole” An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood, which is at least 20 feet in height. “Attached wireless communication facility (attached WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
“Co-locate or co-location” means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
“Equipment facility” means any structure used to contain ancillary equipment for a WCF, which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.
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“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
“Height” means the distance measured from ground level to the highest point on the WCF, including the antenna array.
“Pre-existing tower and antenna” means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
“Wireless communication facility (WCF)” means any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.
9.68.030 Principle or accessory use.
Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such a lot.
9.68.040 Measurement of setbacks.
For purposes of determining compliance with development standards in this title, including, but not limited to,setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.
9.68.050 Effect on non-conforming uses.
Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.
9.68.060 General standards.
The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):
A. All standards set forth in this chapter.
B. Any applicable federal, State, and local laws, regulations, and ordinances.
C. All applicable provisions of the Avenal Municipal Code, Avenal Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter.
D. The California Building Code, National Electrical Code, Plumbing Code, Mechanical Code, and Fire Code, where applicable.
E. All FCC rules, regulations, and standards.
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9.68.070 Co-location of facilities.
When technically and economically feasible, a WCF shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.
9.68.080 Exemptions.
A. The following WCF shall be exempt from the requirements of Section 9.68.090, and a building permit is not required.
1. Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.
2. Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas, and television broadcast service (TVBS) antennas that are one meter (3 feet 3 3/8 inches) or less in diameter or in diagonal measurement are located entirely onsite and are not located within the front setback area of the lot on which they are located.
This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards. g. The following WCF shall be exempt from the requirements of Section 9.68.090 of this chapter; however, a building permit is required.
1. Satellite Earth Station (SES) antennas that are two meters (6 feet 6 3/4 inches) or less in diameter or in diagonal measurement are located in a C-S or I zone district and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.
2. Amateur radio antenna structures that are 24 inches or less in diameter or in diagonal measurement and where no portion of the antenna overhangs any property line.
3. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located and that does not result in an increase in the size of the overall WCF site.
4. Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.
9.68.090 Permitted and conditional uses.
Wireless communications facilities that are not exempt per Section 9.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section 9.08.030, then this section shall apply.
A. The following WCF shall be permitted uses. A site plan review permit issued in accordance with Chapter 9.72, and a building permit is required.
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1. Installation of a monopole on an existing structure located in the PF zone district or in any commercial, mixed-use, or industrial zone district where the height of the monopole is not higher than 20 feet above the height of the existing structure.
2. Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed-use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.
3. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located and that results in less than a 30 percent increase in the size of the overall WCF site.
h. The following WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 9.80. A site plan review permit issued in accordance with Chapter
9.72, and a building permit is also required:
1. Installation of a new free-standing antenna/tower with no guy wires in the C-S, C-N, MU, OS, or PF zone districts that does not exceed 75 feet in height. The Planning Commission may approve a WCF with a height higher than 75 feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.
2. Installation of a new free-standing antenna/tower with no guy wires in the I zone district that does not exceed 100 feet in height. The Planning Commission may approve a WCF with a height higher than 100 feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.
3. Modification to an antenna/tower approved by conditional use permit where the modification results in an increase in the height of the approved antenna/tower. i. Wireless communication facilities that are not exempt per Section 9.62.060 are prohibited in any residential zone district.
9.68.100 Application process.
The following shall be submitted at the time of application.
A. Documentation prepared and sealed by a professional engineer registered in the State of California stating that it is technically or practically impossible to provide a reasonable level of service by co-locating the tower or antenna on an existing structure.
A. The technical documentation shall include a map of the search area, all potential co-location sites stating why each is unsuitable, and the total number of towers the service provider currently owns and plans to construct within the geographic antenna coverage area or within the next two years.
B. The applicant must submit, in writing, a declaration from owners of all technically feasible co-location sites that they are unwilling to negotiate space or evidence that the applicant has tried, in good faith, to negotiate reasonable terms for co-location and failed. j. A scaled site plan, scaled elevation view, and supporting drawings, calculations, and other documentation, prepared and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography, tower height September 26, 2024 Pg. 306
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requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information necessary to assess compliance with this Ordinance and compatibility with surrounding uses.
k. Documentation that FCC’s minimum lighting standards have been applied. l. A Radio Frequency Radiation (RFR) Report from a licensed Radio Frequency Engineer and a copy of the most recent EMF and RFR reports and certifications required by the FCC shall be provided by the carrier at the time any application required by this article is submitted to the Community Development Director, which documents the proposed facility’s anticipated RFR levels. Documentation that the proposed tower, antennas, and equipment comply with all applicable FCC regulations to protect the public from unnecessary exposure to electromagnetic radiation and documentation shall be provided that power density levels do not exceed those permitted by the FCC.
m. Documentation, prepared and sealed by a professional engineer registered in California, that the proposed tower and attached antennas do not exceed the minimum height necessary to accomplish the purpose for which they are constructed.
n. A notarized statement by the owner or CEO of the tower specifying the number of co-location sites the owner will make available on the proposed tower and a declaration that such sites will be negotiated in good faith at reasonable terms to other service providers. o. Documentation, prepared and sealed by a professional engineer registered in California, to demonstrate that the telecommunication tower has sufficient structural integrity for its intended uses. All towers and attached antennas shall be capable of withstanding winds of at least 150 miles per hour and an earthquake in zone No. 4.
p. If the proposed tower or antenna is to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement shall be with the property owner. q. Documentation consisting of a certificate of insurance verifying a general liability coverage of at least $1,000,000.00 at no cost to the City of Avenal. The certificate shall contain a requirement that the insurance company shall notify the City 30 days prior to the cancellation, modification, or failure to renew the insurance coverage required. r. 10. A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures, or equipment proposed for the site. s. A memo of understanding regarding the removal of abandoned antennas and towers. Any tower or antenna that is not operated for 180 continuous days in 12 months shall be considered abandoned. The owner of such antenna(s) or tower shall be responsible for its removal within 90 days of receipt of such notification by the City. Failure to remove abandoned equipment will result in its removal by the City at the owner’s expense.
9.68.110 Review criteria.
Every application must comply with the following development standards:
A. Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions that will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.
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1. All broadcast radio and television facilities and wireless telecommunications facilities where three or more telecommunication antennas or facilities are co-located on the same structure or on a parcel or on a separate parcel of land within 300 feet of another telecommunications antenna or facilities antenna shall prepare and submit an annual RFR monitoring report and a copy of any RFR reports or certifications required by the CPUC and FCC. The report shall address the cumulative field measurements of radio frequency emissions of all antennas installed at the subject site or location. The report shall quantify the radio frequency emissions and compare the results with either the most current American National Standards Institute (ANSI) standards or other standards adopted by the FCC or CPUC. Said report shall be subject to review and approval of the Community Development Director and shall clearly identify the cumulative field measurements and compare these measurements to the most current ANSI, PCC, and CPUC standards for consistency with the accepted standards. If the City finds that the wireless telecommunications facilities service providers do not meet these standards, the service providers shall bring the entire site into compliance with said standards or be subject to review before the Planning Commission at a public hearing where the operation permit may be modified or revoked.
B. Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.
C. Monopoles shall be the only type of telecommunication towers permitted in Avenal. Neither guyed towers nor lattice-type towers shall be permitted.
D. Lighting. WCF shall not be artificially lighted except for:
1. Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.
2. Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.
t. Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height, and the structure shall be equipped with an appropriate anti-climbing device. u. Noise. A description of all audible noise-generating equipment, including the times and decibel levels of the noise that will be produced, shall be submitted with the application for the project.
No equipment shall be operated at a WCF that produces noise in excess of the applicable noise standards stated in the Avenal General Plan. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the Community Development Department.
v. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas that will be viewed primarily against the skyline shall be painted light gray, light blue, or other sky-blending color. WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the Community Development Department, including the use September 26, 2024 Pg. 308
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of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors, and textures that will blend with the natural setting and existing building environment. w. The minimum distance between wireless communication facilities shall be at least a half-mile radius from any other wireless communication facility in the geographic antenna coverage area.
x. Height. Maximum tower height, including antenna and other attachments, shall not exceed 200 feet, measured vertically from the pre-disturbance ground level at the center of the tower. In no case shall a wireless communication facility, tower, or antenna exceed the minimum height necessary to accomplish the purpose it is intended to serve. y. Screening. If the base of a telecommunications tower, to a minimum height of 10 feet above average grade at the tower base, is visible from any public right-of-way, screening shall be required. Screening shall be a minimum width of five feet with planting material placed 10 feet on center, that is a minimum of five feet in height when planted, and that is expected to reach a height of 10 feet within three years. Suitable plant types shall be those recommended by the City of Avenal.
z. Signage. Wireless communication facilities shall not display signage, logos, symbols, or any messages of a commercial or non-commercial nature on towers, support structures, or the fence-securing tower except that one sign, not visible from a public right-of-way or adjacent residences, shall be posted on the fence gate identifying the current owner of the tower, emergency contact person or agency, and applicable contact numbers. aa. Outdoor storage of equipment or related items shall be prohibited on tower sites. bb. Electrical and telephone lines extended to serve a wireless communication facility shall be installed underground.
cc. Sound emissions, such as alarm bells, buzzers, and the like, shall not be permitted. dd. Backup generators will be permitted if they meet the requirements of this section.
9.68.120 Appeals.
Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 9.70.
9.68.130 Federal and State regulations.
A. All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and any other agency of the federal or State government with the authority to regulate towers and antennas.
B. If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or State agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.
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C. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter, and the City may require the removal of the tower or antenna at the owner’s expense.
9.68.140 Removal of abandoned antennas, towers, supporting equipment, and structures.
A. Any antenna, tower, supporting equipment, and structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna tower, or owner of the land on which it is located shall remove said antenna, tower or supporting equipment within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the City may remove such antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
B. If the cost of removal of the antenna or tower is not paid within 30 days after the date on which the notice of request for payment is mailed to the owner of the property, the City Council may direct the County Tax Assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment.
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Chapter 9.70
PERMITS AND APPLICATIONS
Sections:
9.70.010 Permit application and review.
9.70.020 Application form and submittal items.
9.70.030 Authority to file an application.
9.70.040 Applications acceptability of signatures.
9.70.050 Application filing and numbering.
9.70.060 Application withdrawal.
9.70.070 Decision processes for planning applications.
9.70.080 Environmental review.
9.70.090 Hearings.
9.70.100 Notice requirements.
9.70.110 Notice wording.
9.70.120 Hearing rules and procedures.
9.70.130 Continuation of hearing.
9.70.140 Testimony at hearing.
9.70.150 Planning Commission recommendation.
9.70.160 Review authority decision.
9.70.170 Notice of decision.
9.70.180 Effective date of decision.
9.70.190 Refiling of a denied application.
9.70.200 Appeals.
9.70.210 Change of ownership.
9.70.220 Subsequent permits.
9.70.230 Suspension and revocation of approved permit.
9.70.240 Expiration of approved permit.
9.70.250 Extension of expiration date of approved permit.
9.70.260 Succession to a county permit upon annexation.
9.70.270 Minor adjustment to approved permit.
9.70.280 Amendment to approved permit.
9.70.010 Permit application and review.
An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to processing of that permit.
9.70.020 Application form and submittal items.
A. The Director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and September 26, 2024 Pg. 311
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fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or federal law, regulation, or policy. An application shall be made in the form prescribed by the Director on the date the application is filed unless otherwise specified by this title or State law.
B. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by City Council resolution.
9.70.030 Authority to file an application.
The following persons shall have the authority to file an application:
A. The record owner of the real property that is the subject of the permit or other matter.
B. The property owner’s authorized agent.
C. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application.
D. The Director, City Manager, Planning Commission, or City Council.
9.70.040 Applications acceptability of signatures.
If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council.
9.70.050 Application filing and numbering.
Applications filed pursuant to this title shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with any certificates and affidavits of applicable posting, mailing, or publication.
9.70.060 Application withdrawal.
Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing. If an application is withdrawn after a notice of public hearing has been mailed or posted, the application shall be agendized so that the withdrawal of the application can be announced publicly.
9.70.070 Decision processes for planning applications.
A. Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 9.70.070-1 (Role of Review Authority Planning Permit Applications). Table 9.70.070-1 determines the role of each review authority in the decision-making process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 9.70.070-1 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title 16.
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Table 9.70.070-1
Role of Review Authority Planning Permit Applications
Application Type Director Planning
Commission City Council
Non-Discretionary Applications
Sign Permit Decision Appeal Appeal
Administrative Use Permit Decision Appeal Appeal
Site Plan Review Decision Appeal Appeal
Home Occupation Permit Decision Appeal Appeal
Minor Deviation Decision Appeal Appeal
Interpretation of Ordinance Decision Appeal Appeal
Discretionary Applications
Temporary Use Permit Decision Appeal Appeal
Conditional Use Permit Recommend Decision Appeal
Planned Unit Development Permit Recommend Recommend Decision Variance Recommend Decision Appeal
Zoning Ordinance Amendment/
Zone Change Recommend Recommend Decision
General Plan Amendment/
Specific Plan Amendment Recommend Recommend Decision
ee. All applications heard by the Planning Commission or City Council, according to Table
9.70.070-1, shall be at public hearings in accordance with Section 9.70.090. ff. Where a project requires multiple planning entitlements and discretionary approvals by the Planning Commission and City Council, all the associated entitlements for the project as a whole shall be heard and acted on at the same time in a manner as the entitlement with the most strict requirements.
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9.70.080 Environmental review.
All discretionary applications will be reviewed by the Director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.
9.70.090 Hearings.
A public hearing is a noticed session before the Planning Commission, City Council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on discretionary applications regulated by this title.
9.70.100 Notice requirements.
Notice of the time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.
A. A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than 10 days before the date of the public hearing.
B. A notice of public hearing shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant and to owners of property within a radius of 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted county tax roll. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director.
C. In the event that the number of owners of property to whom notice may be sent pursuant to subsection B of this section would result in more than 1,000 notices, notice may alternatively be given at least 10 days prior to the hearing by either of the following procedures:
1. By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.
2. By placing a written notice with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services.
9.70.110 Notice wording.
Public notice of hearings shall begin with words similar to “Notice of Proposed Change of Zone District,” “Notice of Proposed Variance,” or “Notice of Proposed Conditional Use Permit,” as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.
9.70.120 Hearing rules and procedures.
Public hearings before the City Council and the Planning Commission shall be conducted in accordance with Chapter 9.70.
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9.70.130 Continuation of hearing.
If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.
9.70.140 Testimony at hearing.
A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.
9.70.150 Planning Commission recommendation.
For applications requiring a final decision by the City Council, the Planning Commission shall first hold a public hearing on the matter. For such a hearing, the Planning Commission shall, by resolution, recommend to the City Council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the Planning Commission, the City Council shall hold a public hearing after noticing is completed.
9.70.160 Review authority decision.
The review authority responsible for making a final determination for any application, as identified by Table 9.70.070-1, shall announce its findings by formal resolution or, in the case of a change to the text of this title or to the Zoning Map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Non-discretionary permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.
9.70.170 Notice of decision.
Not later than 10 days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable documents shall be mailed to the applicant and to any other parties requesting notice of the action.
The resolution or other applicable document shall also be filed and maintained as public record by the Director.
9.70.180 Effective date of decision.
The decision of the review authority identified in Table 9.70.070-1 for any permit or other nonlegislative decision shall be effective and final 10 days following the adoption of the resolution unless, within such period of time, the applicant or other interested party files a written appeal of the decision.
9.70.190 Refiling of a denied application.
Where an application has been denied by a review authority, and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one year after the effective date of the denial unless that review authority specifies in its decision that the denial is made without prejudice.
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9.70.200 Appeals.
A. A decision of the Director may be appealed to the Planning Commission by any interested person within 10 days following the decision of the Director. Any decision of the Planning Commission, including a decision on an appeal, may be appealed to the City Council by any interested person within 10 days following the decision of the Planning Commission. Decisions by the City Council shall be considered final and may not be appealed.
B. Appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.
C. A decision on an application that has been appealed may be upheld, overturned, or modified.
The appeal decision shall be adopted by resolution or other applicable document.
9.70.210 Change of ownership.
Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit, except for a Home Occupation Permit as determined by Section 9.78.070.
9.70.220 Subsequent permits.
Before any building, grading, encroachment, or other development permit is issued for any building, excavation, or other structures proposed as a part of an approved permit, the Director shall determine that the proposed building location, facilities, and improvements are in substantial conformance with the approved permit and any conditions of approval.
9.70.230 Suspension and revocation of approved permit.
A. Upon the violation of any applicable provision of this title, the provisions of any conditional use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended.
Written notice of the suspension shall be sent by the Director to the person to whom the use permit was issued or to their successor, if known, advising them of the suspension and the violations causing the suspension.
B. No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended.
For any construction activity taking place on the site that is the subject of the suspended permit, the building official shall issue a Stop Work order.
C. The City Council shall hold a public hearing and hear evidence from City staff, the holder of the permit, and other interested persons. Should the City Council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the City Council may either revoke the permit or take such other action as the City Council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.
9.70.240 Expiration of approved permit.
A. An approved permit shall expire and shall become null and void two years after the date of approval unless, prior to expiration, one of the following occurs:
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1. A building permit is issued by the building official, and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.
2. The use for which the permit was approved has commenced. gg. If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one year, the permit shall expire and become null and void.
9.70.250 Extension of expiration date of approved permit.
1. Prior to the expiration of a permit, a person having the authority to file an application may file a written request with the Director for an extension of a permit that may otherwise expire. Upon receipt of this application, the approval of the permit shall automatically be extended for 30 days or until the application for the extension is approved or denied, whichever occurs first. The request for extension shall be taken to the Planning Commission, which may extend the expiration date of the permit by one year. The Planning Commission may grant up to a total of three one-year extensions.
9.70.260 Succession to a county permit upon annexation.
A. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has commenced on the date that the City Council initiates annexation, then the City shall succeed to the permit and shall administer and enforce the permit in accordance with the provisions of this chapter.
B. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has not yet commenced on the date that the City Council initiates annexation, then the City shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit.
If the City declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.
9.70.270 Minor adjustment to approved permit.
A. Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the Director provided that the Director determines that the adjustment is minor, does not contradict the intent of the review authority’s approval, does not increase the approved use’s impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the General Plan.
B. If the Director determines that the findings in subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.
9.70.280 Amendment to approved permit.
A person having the authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application were for a new permit.
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Chapter 9.72
SITE PLAN REVIEW
Sections:
9.72.010 Purpose.
9.72.020 Applicability.
9.72.030 Site plan contents.
9.72.040 Director action – criteria of consideration.
9.72.050 Director action – decision.
9.72.060 Appeals.
9.72.070 Life of permits and extensions of time.
9.72.080 Subsequent permits.
9.72.010 Purpose.
The purpose of the site plan review (SPR) is to ensure that a proposed development is reviewed to assure substantial compliance with the General Plan, the Municipal Code, policies, and improvement standards of Avenal.
9.72.020 Applicability.
A. Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.
1. In all residential districts, site plan review shall be required for:
a. The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit. b. The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site.
c. The erection of a new non-residential main building or structure when the erection requires the issuance of a building permit.
d. The alteration of an existing non-residential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than 10 percent or 500 square feet or the seating capacity by more than 10 percent or 25 seats.
2. In all non-residential zone districts, site plan review shall be required for:
a. The erection of a new building or structure when the erection requires the issuance of a building permit.
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b. The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:
• The alteration will increase the floor area or seating capacity of a non-conforming building or structure or involves the structural alteration of a non-conforming building or structure.
• The alteration will increase the floor area of a conforming building or structure by more than 10 percent or 500 square feet or the seating capacity by more than 10 percent or 25 seats.
c. The development of new public or private parking areas or lots. d. The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five spaces, increase or decrease the gross area of the parking area or lot by more than 1,750 square feet, or will involve the relocation of the parking area or lot.
3. In all districts, site plan review shall not be required for:
a. The erection or alteration of one-family dwellings and related accessory buildings or structures.
b. The erection or alteration of temporary tract offices and model homes. c. The erection or alteration of signs and advertising structures.
9.72.030 Site plan contents.
A. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Section 9.70.020 and such other data as may be required to permit the Director to make the required findings.
9.72.040 Director action – criteria of consideration.
After consultation with the appropriate departments within the City, as well as applicable outside agencies, the Director shall approve, approve with such conditions as set forth in subsection E of this section, or disapprove the site plan. Before approving a site plan, the Director shall make all the following findings:
A. The development complies with all applicable provisions of this title.
B. The development is so designed that it will have no adverse effects on surrounding property or improvements.
C. The development can be adequately and efficiently provided with public utilities and services.
D. The development will not create congested or unsafe vehicular or pedestrian circulation or access conditions on or off the site.
E. That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 9.72.010 and to protect public health, safety, and welfare.
The Director may impose conditions that are reasonably related to the development and necessary to ensure compliance with this chapter and any other adopted code, policy, procedure. Conditions may include the following:
1. Requiring special yards, spaces, and buffers.
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2. Requiring fences and walls.
3. Requiring enclosure of storage areas and limitation on out-of-door display of merchandise.
4. Requiring grading, surfacing, and drainage improvements.
5. Regulation of points of vehicular ingress and egress.
6. Regulation of signs.
7. Requiring landscaping and maintenance thereof.
8. Requiring maintenance of grounds.
9. Requiring fire-prevention equipment and measures.
10. Regulation of noise, vibration, odors, electrical discharge, or interference.
11. Regulation of lighting.
12. Requiring street dedications and improvements in accordance with ADA compliance.
13. Regulation of pedestrian ingress, egress, and internal circulation.
14. Mitigation required pursuant to enviromental review
15. Such other conditions as could make possible the development of Avenal in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.
In making such findings, the Director shall consult with City personnel as appropriate to ensure that approvals will be consistent with established legislative policies and City standards relating to planning, public works, and land development.
9.72.050 Director action – decision.
The decision of the Director shall be final unless appealed to the Planning Commission in accordance with the procedure specified in Section 9.70.200. The Director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.
9.72.060 Appeals.
Appeals of the Director’s decision shall be submitted and processed consistent with the procedures in Section 9.70.200.
9.72.070 Life of permits and extensions of time.
A. A site plan review permit shall expire one year from its approval date unless a building permit application has been submitted or the use has commenced.
B. Prior to expiration, the Director may extend the permit expiration date by one year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.
9.72.080 Subsequent permits.
Subsequent development permits associated with the site plan review shall be consistent with the approved site plan review. If there is a change in the proposed development, a new site plan application shall be submitted.
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Chapter 9.74
ADMINISTRATIVE USE PERMITS
Sections:
9.74.010 Purpose.
9.74.020 Applicability.
9.74.030 Application procedure.
9.74.040 Findings.
9.74.050 Appeals.
9.74.060 Life of permits and extensions of time.
9.74.070 Revocation.
9.74.010 Purpose.
The purpose of requiring an administrative use permit (AUP) for certain uses is to determine whether or not a particular use meets the standards set forth in this title that are specific to that use, with the intent that uses that meet all of the standards will be approved.
9.74.020 Applicability.
This chapter shall apply to all uses listed as permitted uses, subject to an administrative use permit.
9.74.030 Application procedure.
Applications for an administrative use permit shall be filed pursuant to Chapter 9.70 with the Director and processed consistent with Section 9.70.050 and, if applicable, Section 9.70.060.
9.74.040 Findings.
In order for an application to receive administrative approval, the following findings must be made by the reviewing authority listed in Chapter 9.70:
A. The use meets the standards and requirements in this title that are specific to that use.
B. The use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.
C. The use is consistent with the General Plan.
D. The proposed location, size, design, and operating characteristics of the use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city, and any incompatible impacts of the proposed use are mitigated by conditions of approval.
9.74.050 Appeals.
Appeals to a decision of the reviewing authority of an administrative use permit shall be submitted and processed consistent with the procedures in Section 9.70.200.
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9.74.060 Life of permits and extensions of time.
An administrative use permit shall expire one year from its approval date unless a building permit application has been submitted or the use has commenced.
9.74.070 Revocation.
Revocation of an administrative use permit shall be conducted consistent with procedures and notice requirements in Chapter 9.74.
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Chapter 9.76
TEMPORARY USE PERMITS
Sections:
9.76.010 Purpose.
9.76.020 Temporary uses exempt from permit requirements.
9.76.030 Temporary use permit required.
9.76.040 Development standards.
9.76.050 Temporary improvements on a site.
9.76.060 Findings.
9.76.070 Conditions.
9.76.010 Purpose.
A temporary use permit (TUP) provides a mechanism for administrative review and determination for proposed and qualifying short-term uses and activities to ensure that such activities are consistent with the General Plan and the provisions of this title. In review of temporary use permits, the accessibility for persons with disabilities must be a consideration.
9.76.020 Temporary uses exempt from permit requirements.
The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards:
A. Construction yards, storage sheds, and construction offices (on-site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
d. Emergency public health and safety facilities established by a public agency. e. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility. f. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).
g. Events held exclusively on City property and that are in conjunction with the City use. h. Events held exclusively at a school site that are in conjunction with the school use. i. Events held exclusively on a place of assembly or facility site and that are in conjunction with that place of assembly or facility use.
j. Garage and yard sales held on private property.
k. Outdoor promotional events and seasonal sales lasting three days or less related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in September 26, 2024 Pg. 323
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conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title. No off-site signs shall be permitted, and no more than six of these events will occur on the subject property per calendar year.
9.76.030 Temporary use permit required.
The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 9.76:
A. Any use listed in Table 9.08.020 or Table 9.08.030 that is identified as a temporary use.
B. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.
C. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).
D. Farmers markets.
E. Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.
F. Temporary outdoor sales, sidewalk sales, and temporary parking lot sales lasting more than three days in association with a permitted business for which there is an enclosed building. No off-site signs shall be permitted, and no more than six of these events will occur on the subject property per calendar year.
G. Sales of Christmas trees and fireworks stands are reviewed and approved by the Fire Marshal.
H. Seasonal sales occurring outdoors when not related to an existing business.
I. Temporary sales offices.
J. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.
K. Temporary community food banks.
L. Other temporary activities that the Director determines are similar in nature and intensity to those identified above.
9.76.040 Development standards.
Standards for height, off-street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The Director may waive requirements for long-term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.
9.76.050 Temporary improvements on a site.
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welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property. l. The allowance described in subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.
m. At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title, or use of the property shall cease.
9.76.060 Findings.
A. The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:
1. The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit, not to exceed six months unless otherwise extended by the Planning Commission.
2. The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use or to the general welfare of Avenal.
3. The site is adequate in size and location and has proper accessibility to accommodate the use, and there are adequate public services, including fire protection, water supply, wastewater disposal, and police protection to serve the use.
4. Egress and ingress and off-street parking facilities are properly designed and adequate to serve the use, and the use will not restrict access to required parking areas.
5. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.
6. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
7. The use is consistent with the General Plan, applicable specific plans, and the provisions of this title.
9.76.070 Conditions.
The Director may place conditions on the temporary use permit, including, but not limited to, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.
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Chapter 9.78
HOME OCCUPATION PERMITS
Sections:
9.78.010 Purpose.
9.78.020 Permit required.
9.78.030 Application.
9.78.040 Prohibited home occupation uses.
9.78.050 Operating standards.
9.78.060 Life of permits and extensions of time.
9.78.070 No transferability.
9.78.080 Revocation.
9.78.010 Purpose.
The provisions of this chapter provide for the conduct of home occupations inside a residence that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the residence.
9.78.020 Permit required.
Home occupations shall not commence without first obtaining a home occupation permit approved by the Director, except as provided below:
A. A home occupation permit shall not be required for an in-home educational activity, including, but not limited to, music lessons, academic tutoring, swimming lessons, or place of assembly, provided that no more than six students are present at any one time and the activity complies with all of the operating standards in Section 9.78.050. The in-home educational activity may exceed the six-student limit after first securing a conditional use permit.
B. A home occupation shall be required for any and all business operations that take place within a dwelling unit, including online business operations. A business license will not be issued until a home occupation permit is granted.
9.78.030 Application.
Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 9.70.
9.78.040 Prohibited home occupation uses.
A. The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones and are prohibited as home occupations:
1. Adult Oriented Buisnesses
2. Barbershop, hair salon, nail care, massage therapy, or day spa.
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3. Fortune telling.
4. Kennel or animal boarding.
5. Laboratory, general or medical.
6. Retail sales
7. Mini-warehouse or self-storage facility.
8. Motor vehicle repair or service, minor or major.
9. Cabinetry or Carpentry or other specialty construction or trade service where construction activities take place at the site
10. Office: medical, dental, or optometry.
11. Funeral chapel or funeral home.
12. Pet grooming.
13. Repair shop, large appliance or equipment.
14. Tattooing or body art.
15. Any other use determined by the Director to be not incidental nor compatible with residential activities.
B. A home occupation permit may be denied if the Director finds that the land use proposed for a home occupation is listed in this section or that the land use is not incidental nor compatible with residential activities.
9.78.050 Operating standards.
A. A home occupation shall comply with all of the following operating standards:
1. A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way. No storage or display of materials, goods, supplies, or equipment (including trailers) related to the operation of a home occupation shall be visible from outside the premises.
2. Only one home occupation is permitted per dwelling unit.
3. A City of Avenal Business License is required to initated a home occupation.
4. Any outside activites associated with the home occupation, such as deliveries, customer visitation, shall be limited between the hours of 7am and 7pm Monday through Sunday.
5. There shall be no displays on the premises.
6. There shall be no signs other than those allowed by Chapter 9.56.
7. There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.
8. The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.
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9. Only one vehicle no larger than a three-quarter-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.
10. The home occupation shall not encroach into any required parking, setback, or open space areas.
11. Storage of equipment, materials, and other accessories to the construction and service trades is prohibited.
12. There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.
13. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
14. Utility consumption shall not exceed normal residential usage.
15. The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.
16. Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.
17. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located.
18. No home occupation shall commence until a current business license is obtained, pursuant to this title.
19. No more than one home occupation shall be located within a dwelling unit at one time.
20. If the home occupation is to be conducted on the rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.
21. No space shall be rented out to others in association with a home occupation.
22. A home occupation that is a cottage food operation shall meet the requirements of Chapter
9.78. B. The Director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.
C. A home occupation permit may be denied if the Director finds that there is a failure or inability to meet one or more of the operating standards of this section.
9.78.060 Life of permits and extensions of time.
The initial life and subsequent extensions of time for home occupation permits are stated in Sections 9.70.240 and 9.70.250.
9.78.070 No transferability.
A. Notwithstanding Section 9.70.210, if property ownership changes on a property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.
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B. If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.
9.78.080 Revocation.
A home occupation permit may be revoked or modified in accordance with Section 9.70.230 if any one of the following findings is made:
A. The home occupation has become detrimental to public health, safety, or traffic or constitutes a nuisance.
B. The home occupation permit was obtained by misrepresentation or fraud.
C. That the use for which the permit was granted has ceased or was suspended for 12 or more consecutive calendar months.
D. The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title.
E. One or more of the operating standards of the home occupation permit have not been met.
F. The home occupation is in violation of any federal, State, or local statute, ordinance, law, or regulation.
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Chapter 9.80
CONDITIONAL USE PERMITS
Sections:
9.80.010 Purpose.
9.80.020 Applicability
9.80.030 Application procedure.
9.80.030 Findings.
9.80.040 Conditions of approval.
9.80.050 Notice of decision.
9.80.060 Appeals.
9.80.070 Life of permits and extensions of time.
9.80.080 Revocation.
9.80.010 Purpose.
In certain districts, specific uses listed in this title are permitted subject to receiving a conditional use permit (CUP). Because of their unusual characteristics or the unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this title and with respect to their effects on surrounding properties.
9.80.020 Applicability
This chapter shall apply to all uses listed as permitted uses, subject to a conditional use permit.
9.80.030 Application procedure.
Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 9.70.
9.80.040 Findings.
A. Before a conditional use permit can be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:
1. The the proposed use will comply with the purpose and objectives of this title and the purposes of the district in which the subject site is located.
2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.
3. The site for the proposed use is adequate in size, shape and location to accommodate the use the district for which it is proposed.
4. The proposed use is consistent with the General Plan.
5. The proposed use will not have a significant impact on the environment.
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6. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of Avenal or materially injurious to properties or improvements in the vicinity, and that any incompatible impacts of the proposed use are mitigated by conditions of approval. n. A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
9.80.050 Conditions of approval.
The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of Avenal or that mitigate any impacts to surrounding properties. Conditions may involve the operation of the use, and maintenance of the property or specific aspects associated with development, including storage and display of goods; grading, surfacing, and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, signs, and other structures; and street dedication and improvements. Conditions set forth in a use permit shall pertain to the purpose and objectives of this chapter.
9.80.060 Notice of decision.
A notice of decision of a conditional use permit shall be processed consistent with Chapter 9.70.
ADD 9.80.070 Hearings
A public hearing for a conditional use permit shall be held in accordance with Chapter 9.70.
9.80.080 Appeals.
Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 9.70.
9.80.090 Life of permits and extensions of time.
A. The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter 9.70, except that when any conditional use permit is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16, the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the conditional use permit.
B. A conditional use permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.
9.80.100 Revocation.
Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 9.70.
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Chapter 9.82
VARIANCES AND MINOR DEVIATIONS
Sections:
9.82.010 Purpose.
9.82.020 Prohibited variances or minor deviations.
9.82.030 Application procedure.
9.82.040 Minor deviation findings.
9.82.050 Variance findings.
9.82.060 Notice of decision.
9.82.070 Appeals.
9.82.080 Life of permits and extensions of time.
9.82.090 Revocation.
9.82.010 Purpose.
This section allows variances (VAR) and minor deviations from the development standards of this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
9.82,020 Applicability
1. Minor Deviations. The Director may administratively grant a minor deviation in conjunction with another entitlement of up to 10% of the stndards being modified for the following:
A. Lot Coverage
B. Setbacks
C. Lot Dimensions
D. Building Height
E. Fence Height
2. Variance. The Planning Commission may discretionarily grant a variance in conjunction with another entitlement in excess of 10% of any other development standard with the exception of those listed in Section 9.82.020.
9.82.030 Prohibited variances or minor deviations.
A variance or minor deviation may be granted to waive or modify any development standard of this title except to:
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A. Allow a land use not otherwise allowed in the zoning district.
B. Increase the maximum allowed residential density.
C. Waive a specifically identified prohibition.
D. Waive or modify a procedural requirement.
9.82.040 Application procedure.
Applications for a variance or minor deviation shall be filed and processed pursuant to the applicable sections of Chapter 9.70.
9.82.050 Minor deviation findings.
A. Before a minor deviation may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:
1. The minor deviation is for the adjustment of a measurable development standard.
2. The minor deviation would allow an adjustment to a measurable development standard of not more than 10 percent.
3. The minor deviation is consistent with the purposes of this title.
4. The minor deviation will be consistent with the General Plan. o. A minor deviation may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
p. Any application for a minor deviation that is denied may be reapplied for as a variance.
9.82.060 Variance findings.
A. Before a variance may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:
1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application deprives such property of privileges enjoyed by other properties in the vicinity that are in the same zone district.
2. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity that is in the same zone district and denied to the property for which the variance is sought.
3. The variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity, and that are in the same zone district in which the property is located.
4. The variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity, and that are in the same land use district in which such property is located.
5. The variance does not allow a use or activity that is prohibited in the zone district where the property is located.
6. The variance is consistent with the purposes of the Zoning Ordinance.
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7. The variance will be consistent with the General Plan. q. The Commission can approve, approve with conditions, or deny the variance based on the findings listed above. A variance may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
9.82.070 Notice of decision.
A notice of decision of a variance or minor deviation shall be processed consistent with Chapter
9.70. 9.82.080. Public Hearing
A public hearing for a variance application shall be held in accordance with Chapter 9.70.
9.82.090 Appeals.
A. Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 9.70.
B. When a minor deviation is appealed, the variance findings in Section 9.82.050 shall apply to the appeal of the minor deviation.
9.82.100 Life of permits and extensions of time.
The initial life and subsequent extensions of time for a variance or minor deviation shall be per Chapter 9.70, except that when any variance is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16, the variance or minor deviation shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the variance or minor deviation.
9.82.110 Revocation.
Revocation of an approved variance or minor deviation shall be conducted consistent with procedures and notice requirements in Chapter 9.70.
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Chapter 9.84
ZONING ORDINANCE AMENDMENTS
Sections:
9.84.010 Purpose.
9.84.020 Application procedure.
9.84.030 Findings.
9.84.040 Notice of decision.
9.84.050 Appeals.
9.84.060 Life of permits and extensions of time.
9.84.070 Revocation.
9.84.080 Urgency zoning ordinance amendments.
9.84.090 Prezoning.
9.84.010 Purpose.
The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the Zoning Map prescribed in this title. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.
9.84.020 Application procedure.
A. Applications for amendment to this title shall be filed and processed pursuant to the applicable sections of Chapter 9.70.
r. An amendment or change to the boundaries of a zone district on the Zoning Map or incorporation of a site into an Overlay zone (zone change) may only be filed by a property owner or authorized agent of land that is affected by the proposed amendment, or by the Director, City Council, or Planning Commission. If the subject property for which the amendment is proposed involves more than one property owner, all property owners or their authorized agents shall file the application.
s. An amendment or change to the text of this title (text amendment) may only be initiated by the Director, City Council, or the Planning Commission. The Planning Commission may initiate such an amendment or change upon a written request to the Director with an application fee by an interested person.
9.84.030 Findings.
A. Before a zone change or text amendment may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.
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2. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within Avenal.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
5. The proposed amendment will not have a significant impact on the environment. t. A zone change or text amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
9.84.040 Notice of decision.
A notice of decision of a zone change or text amendment shall be processed consistent with Chapter 9.70.
9.84.050. Public Hearing
A public hearing for a variance application shall be held in accordance with Chapter 9.70. 9.84.060 Appeals.
The decision of the City Council regarding a zone change or text amendment is final.
9.84.070 Life of permits and extensions of time.
A zone change or text amendment is final upon its effective date and does not expire.
9.84.080 Revocation.
A zone change or text amendment may not be revoked except by filing a new application in accordance with Chapter 9.70.
9.84.090 Urgency zoning ordinance amendments.
To protect the public interest, health, safety, convenience, or welfare, the City Council may adopt an urgency zoning ordinance amendment limiting the use of property that may be in conflict with a general plan, specific plan, or zoning amendment that is being contemplated by the Planning Commission or City Council. The following regulations shall govern the procedures for an urgency zoning ordinance amendment.
A. Adoption of an urgency zoning ordinance amendment shall require a four-fifths vote of the City Council.
B. The urgency zoning ordinance amendment shall not be binding 45 days from its adoption except under the following conditions:
1. Subject to a public hearing, the City Council may extend the urgency ordinance amendment for 10 months and 15 days.
2. An urgency zoning ordinance amendment may be extended for an additional year, subject to a four-fifths vote by the City Council.
3. Ten days prior to the expiration or extension of an urgency zoning ordinance amendment, the City Council shall issue a written report describing the measures being taken to alleviate the condition that led to the adoption of the urgency zoning ordinance amendment.
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9.84.100 Prezoning.
Avenal may prezone unincorporated territory to delineate the zoning of the subject territory in the event of annexation to the city. The procedure for prezoning shall be consistent with the requirements outlined in this chapter.
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Chapter 9.86
GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS
Sections:
9.86.010 Purpose.
9.86.020 Application process.
9.86.030 Frequency of general plan amendments.
9.86.040 Findings.
9.86.050 Notice of decision.
9.86.060 Appeals.
9.86.070 Life of permits and extensions of time.
9.86.080 Revocation.
9.86.010 Purpose.
The purpose of a general plan amendment is to allow for modifications to the Avenal General Plan text (e.g., goals, policies, or implementation programs), the General Plan Land Use Map, the General Plan Circulation Map, or other elements of the Avenal General Plan. The purpose of a specific plan amendment is to adopt a new or modify an existing, approved specific plan.
9.86.020 Application process.
A. Applications for a general plan or specific plan amendment shall be filed and processed pursuant to the applicable sections of Chapter 9.70.
B. A general plan amendment affecting the General Plan Land Use Map or other map in the General Plan may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.
C. A specific plan amendment may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.
D. A general plan or specific plan amendment may be initiated by the City Council or the Planning Commission. Either authority may initiate such an amendment upon a written request by the Director or upon a written request with an application fee by an interested person.
9.86.030 Frequency of general plan amendments.
Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
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9.86.040 Findings.
A. Before a general plan or specific plan amendment may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.
2. The amendment would not be detrimental to the public health, safety, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the city.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
u. A general plan or specific plan amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
9.86.050 Notice of decision.
A notice of decision of a general plan or specific plan amendment shall be processed consistent with Chapter 9.70.
9.86.060 Appeals.
The decision of the City Council regarding a general plan or specific plan amendment is final.
9.86.070 Life of permits and extensions of time.
A general plan or specific plan amendment is final upon its effective date and does not expire.
9.86.080 Revocation.
A general plan or specific plan amendment may not be revoked except by filing a new application in accordance with Chapter 9.70.
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Chapter 9.88
REASONABLE ACCOMMODATION
Sections:
9.88.010 Purpose.
9.88.020 Definitions.
9.88.030 Reasonable accommodation request.
9.88.040 Notice to the public of availability of accommodation process.
9.88.050 Requesting reasonable accommodation.
9.88.060 Medical information.
9.88.070 Application requirements.
9.88.080 Jurisdiction.
9.88.090 Findings for reasonable accommodation.
9.88.100 Appeals.
9.88.110 Fee.
9.88.120 Stay of enforcement.
9.88.010 Purpose.
In order to make specific housing available to one or more individuals with disabilities, this chapter implements the policy of the City on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of the City is to comply fully with the provisions of the Fair Housing Act.
9.88.020 Definitions.
“Fair Housing Act” means The Federal Fair Housing Amendments Act of 1988, as amended. “Applicant” means any person with disabilities or their representative who is requesting a reasonable accommodation pursuant to this chapter.
“Department” means the Community Development Department of the City of Avenal. “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
“Person with disabilities” means any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone with a record of such impairment.
9.88.030 Reasonable accommodation request.
A. Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, September 26, 2024 Pg. 340
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rules, policies, practices, and/or procedures of the City as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.
B. Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this chapter.
9.88.040 Notice to the public of availability of accommodation process.
The Department shall prominently display a notice at the counter in the Community Development Department and Finance Department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.
9.88.050 Requesting reasonable accommodation.
A. A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices, and/or procedures may be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request.
B. The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.
9.88.060 Medical information.
A. Should the information provided by the applicant to the Department include medical information or records of the applicant, including records indicating the medical condition, diagnosis, or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the Department, to the extent allowed by law, treat such medical information as confidential information of the applicant.
B. The Department shall provide written notice to the applicant of any request received by the Department for disclosure of the medical information or documentation that the applicant has previously requested to be treated as confidential by the Department. The Department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
9.88.070 Application requirements.
A. The applicant shall submit a request for reasonable accommodation in a form acceptable to the Department. The application shall include the following information:
1. The applicant’s name, address, and telephone number.
2. The address of the property for which the request is being made.
3. The name and address of the property owner, and the owner’s written consent to the application.
4. The current actual use of the property.
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5. The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability, which is the basis for the request for accommodation, including current, written medical certification and description of the disability and its effects on the person’s medical, physical, or mental limitations.
6. The rule, policy, practice, and/or procedure of the City for which the request for accommodation is being made, including the Zoning Code regulation from which reasonable accommodation is being requested.
7. The type of accommodation sought.
8. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.
9. Copies of memoranda, correspondence, pictures, plans, or other background information reasonably necessary to reach a decision regarding the need for the accommodation.
B. If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Title 10 (Subdivision), then the reasonable accommodation request shall be acted on before proceeding with the public hearing for the discretionary permit applications.
9.88.080 Jurisdiction.
A. The Director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Director/Designee for review and consideration. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request or (2) deny the request in accordance with federal law. Any such denial shall be in writing and shall state the grounds for denial. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested, and by regular mail. v. Requests for Additional Information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Director/Designee may, prior to the end of said 30- day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 30-day period to issue a written determination shall be stayed. The Director shall issue a written determination within 30 days after receipt of the additional information. If the applicant fails to provide the requested additional information within said 15-day period, the Director shall issue a written determination within 30 days after the expiration of said 15-day period.
9.88.090 Findings for reasonable accommodation.
A. A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
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1. Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws.
2. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling.
3. Whether the requested accommodation would require a fundamental alteration to the City’s zoning scheme.
4. Whether the requested accommodation would impose undue financial or administrative burdens on the City.
w. A request for a reasonable accommodation shall not be denied for reasons that violate the provisions of the Fair Housing Act. This Ordinance does not obligate the City to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California State law.
9.88.100 Appeals.
A. The applicant may appeal the decision within 30 days of the date of the mailing of the decision to the applicant.
x. Appeals shall contain a statement of the grounds for the appeal. y. If an applicant needs assistance in appealing a decision, the Department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
z. Appeals shall be to the City Council, who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 30 days after an appeal has been filed.
All determinations on appeal shall address and be based upon the findings identified in Section
9.88.090 and shall be consistent with the Fair Housing Act. aa. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
9.88.110 Fee.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the City to pay an applicant’s attorney fee.
9.88.120 Stay of enforcement.
While an application for reasonable accommodation or appeal of said application is pending before the City, the City will not enforce the subject Zoning Ordinance against the applicant.
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Chapter 9.90
NON-CONFORMING USES, STRUCTURES, AND LOTS
Sections:
9.90.010 Purpose.
9.90.020 Applicability.
9.90.030 Non-conforming uses.
9.90.040 Non-conforming structures.
9.90.050 Non-conforming lots.
9.90.060 Removal of certain non-conforming uses and structures.
9.90.070 Effect of eminent domain.
9.90.080 Change of non-conforming uses.
9.90.010 Purpose.
Within the zones established by this title, there exist uses, structures, and lots that were lawful before this title was adopted or amended but which would now be prohibited under the terms of this title or its future amendments. It is the intent of this title to permit these non-conforming uses to continue until they are terminated, but not to encourage their expansion, and to provide for the modification or removal of these non-conforming uses and structures in an equitable, legally defensible, and timely manner. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.
9.90.020 Applicability.
This chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created but that do not comply with one or more applicable provisions of this title.
This chapter does not apply to non-conforming signs, which are instead subject to the requirements of Chapter 9.56.
9.90.030 Non-conforming uses.
The regulations that apply to non-conforming uses in Avenal, including provisions that pertain to maintenance, repair, alterations, change in ownership, and termination, are as follows:
A. Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.
bb.Except as otherwise provided in this chapter, no structure that contains a non-conforming use shall be moved, altered, or enlarged unless required by law or the non-conforming use is eliminated.
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cc. If a non-conforming use is abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the use shall lose its legal, non-conforming status and shall be required to conform to the use and development standard regulations of this title. dd.Whenever a structure, which contains a non-conforming use, is damaged by fire, flood, or other calamities, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the building official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months. ee. Whenever a structure, which contains a non-conforming use, is damaged by fire, flood, or other calamities, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the building official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.
ff. An agricultural crop production use that is non-conforming due to annexation, adoption, or amendment to this title shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase.
gg. A non-conforming residential use that is located in a Commercial or Industrial zone district may be altered or enlarged, provided that a conditional use permit is secured.
9.90.040 Non-conforming structures.
The regulations that apply to non-conforming structures in Avenal, including provisions that pertain to maintenance, repair, alterations, change in ownership, and damage, are as follows:
A. Change of ownership, tenancy, or management of a non-conforming structure shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.
hh.A non-conforming structure shall not be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconforming status of the structure. ii. Whenever a structure is damaged by fire, flood, or other calamities, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the building official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.
jj. Whenever a structure is damaged by fire, flood, or other calamities, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the building official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.
kk.A non-conforming residential structure may be moved, altered, or enlarged, provided that the alteration or enlargement is consistent with the development standards of the zone district in which the structure is located.
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9.90.050 Non-conforming lots.
A. A lot shall be deemed non-conforming if it was legally created in accordance with the State Subdivision Map Act prior to the adoption or amendment of this title but which does not meet all the provisions, standards, and requirements of this title applicable to lots.
B. A non-conforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new non-conforming use or structure.
C. A non-conforming lot may be used for any use allowed in the zoning district in which it is located.
D. A structure conforming to the provisions of this title may be constructed on a non-conforming lot.
9.90.060 Removal of certain non-conforming uses and structures.
A. Upon receipt of a violation, the following shall be removed within 30 days unless an alternative deadline is specified in the violation notice:
1. A non-conforming use that does not occupy a structure or is using a structure having an assessed valuation of less than 1,000 dollars shall be discontinued and completely removed or converted to a conforming status.
2. Whenever a structure has an assessed value of less than $500 and does not comply with the development standards of coverage, front yard, side yard, rear yard, height of structures, or distances between structures for the district in which the structure is located, the structure shall be removed from its site within five years from the effective date of this title.
3. Existing fences, walls, and hedges that do not conform to the provisions of this title governing the placement of fences, walls, and hedges in relation to street intersections or encroachment into the public right-of-way shall be removed or modified to conform to the provisions of this title.
9.90.070 Effect of eminent domain.
A. If the area of the lot is reduced by eminent domain, the provisions for non-conforming lots and structures shall apply, but the provisions for non-conforming uses shall not apply. ll. If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed non-conforming, provided, however, such building or structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.
mm. If any required parking space on a lot is reduced or eliminated by eminent domain, the use shall not be deemed non-conforming solely because of the lack of required parking spaces.
9.90.080 Exceptions.
Nothing in this title pertaining to non-conforming structures and uses shall be construed or applied so as to require the termination, discontinuance, or removal or to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding and continued use of any electric distribution substation, electric transmission line, communications September 26, 2024 Pg. 346
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equipment building, gas regulator station or public utility pumping station; provided that there be no change of use or enlargement of those areas so used.
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Chapter 9.94
ENFORCEMENT AND PENALTIES
Sections:
9.94.010 Purpose and application.
9.94.020 Complaints regarding violation.
9.94.030 Apparent violations.
9.94.040 Requirements to investigate.
9.94.050 Inspection.
9.94.060 Notice of violation.
9.94.070 Misdemeanor.
9.94.080 Injunctive relief.
9.94.090 Abatement proceeding.
9.94.100 Non-compliance with permit conditions.
9.94.110 Validity and issuance of permits.
9.94.010 Purpose and application.
The purpose of this chapter is to establish provisions for enforcement of this Ordinance. The steps in the process are outlined, as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this Ordinance is violated.
9.94.020 Complaints regarding violation.
Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint with the Community Development Department stating fully the causes and basis thereof. In a timely manner, the complaint shall be recorded, investigated, and such action thereon as provided by this Ordinance taken as deemed appropriate.
9.94.030 Apparent violations.
If any City official believes there is a violation of this Ordinance, the official shall report such violation to the Code Enforcement Officer or responsible official.
9.94.040 Requirements to investigate.
If a complaint has been filed, a violation reported or observed, the Public Works Director or Community Development Director may initiate an inspection.
9.94.050 Inspection.
The Building Official, Code Enforcement Officer, or responsible official may, upon the presentation of proper credentials to the occupant or owner, enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting said premises, building, or structure to determine if the same are being used in compliance with the provisions of this Ordinance. If admission or entry is refused, the Code Enforcement Officer, Building Official, or responsible official may apply to obtain an inspection warrant.
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9.94.060 Notice of violation.
If, as a result of an inspection, the Code Enforcement Officer, Building Official, Community Development Director, or responsible official determines there is a violation of this Ordinance, the responsible official shall give a 10-day written notice to the party violating this Ordinance. The Notice of Violation may be served by certified mail, registered mail, or by any method approved for the service process, as set forth and described by the Code of Civil Procedure for the service of process. The notice shall specify that the violation set forth shall be corrected within said period.
The responsible official may, for good cause, extend the time for compliance if the cited party has submitted a plan for correcting the notice deficiencies.
9.94.070 Misdemeanor.
Any person, firm, or corporation that fails to comply with the Notice of Violation described in Section 9.78.06 shall be guilty of a misdemeanor and, upon conviction thereof, be fined not more than $500 or imprisoned for not more than six months in the County Jail, or both. Each day the violation of this chapter continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
9.94.080 Injunctive relief.
The City may seek injunctive relief in Superior Court to abate any violation of this Ordinance.
Injunctive relief may be sought at any time, including prior to the issuance of compliance with the Notice of Violation if, in the opinion of the responsible official, an alleged violation of this Ordinance may be injurious to the public health or safety.
9.94.090 Abatement proceeding.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance or any use of land, building, or premises conducted, operated, or maintained contrary to the provisions of this Ordinance or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the District Attorney shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such buildings, structure or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this Ordinance.
9.94.100 Non-compliance with permit conditions.
Whenever a complaint has been received or any City official believes that the conditions of a permit, variance, or other entitlement granted under the provisions of this Ordinance have been violated, the responsible official shall investigate such allegations. If such a violation, in the opinion of the Community Development Department, has occurred, a Notice of Violation shall be given in accordance with Section 9.94.060 of this chapter. If correction of the violation does not occur within the specified 10-day period, the responsible official shall notify the Community Development Director. The Community Development Director shall, upon receipt of such notice, September 26, 2024 Pg. 349
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initiate revocation proceedings in accordance with the provisions of Section 9.70.230 of this Ordinance.
9.94.110 Validity and issuance of permits.
All Departments, officials, and public employees of the City of Avenal and, where applicable, the County of Kings, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Ordinance and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Ordinance; and any such permit or license issued in conflict with the provisions of this Ordinance shall be null and void. Further, no permit or license shall be issued for any use permitted by the provisions of this Ordinance on a parcel of land wherein it is known by the departments, officials, or employees of the City of Avenal that a violation of this Ordinance exists.
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Chapter 9.96
DEFINITION OF LAND USES
Sections:
9.96.010 Purpose.
9.96.020 Land use definitions.
9.96.010 Purpose.
The purpose of this chapter is to establish definitions for the identified land uses in this title.
9.96.020 Land use definitions.
The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition but refers to the line item of that land use in Table
9.08.020-1 and Table 9.08.030-1.
“Accessory building or structure” means a structure that is subordinate to and the use of which is customarily incidental to that of the main building, structure, or use on the same site, including patio covers. If any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. This does not include accessory dwelling or junior accessory dwelling units. (30) “Accessory dwelling unit (ADU)” is a smaller (detached or attached) secondary dwelling unit with complete, independent living facilities (kitchen and bathroom) that is located on the same parcel as a primary dwelling unit (existing or proposed). The ADU can be located within or attached to a single dwelling unit, within a multiple dwelling unit building, or in a separate detached structure. (30)
“Accessory dwelling unit, junior (Junior ADU),” as set forth in California Government Code Section 65852.22, means a small dwelling unit (500 square feet maximum in size) that is developed within the walls of a single dwelling unit. The Junior ADU must have a separate entrance, an efficiency kitchen, and access to a bathroom either within the Junior ADU or via shared access with the primary dwelling unit. A Junior ADU is allowed only within the single dwelling unit and is not permitted within an accessory structure or multiple dwelling unit development. (31) “Accessory use” means a use incidental, related, appropriate, and clearly subordinate to the main use of the site or building, and accessory use does not alter the principal use of the site. (42) “Adult day health care center” – please see “Residential care facility.” (16, 10, H15, H16) “Adult Daycare” – please see “Daycare, Adult.” (62, 63, L12, L13) “Adult entertainment establishment” means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter establishment, adult model studio, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual September 26, 2024 Pg. 351
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activities” or “specified anatomical areas,” but not including those uses or activities, the regulation of which is preempted by State law. (I1)
“Agricultural crop production” means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 10021.6, any employee housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1) “Agricultural products packing, packaging, preparing or processing” means a facility performing any processing or packaging of crops after harvest, whether or not value is added, to prepare them for market on-site or for further processing and packaging elsewhere, including but not limited to, alfalfa and hay cubing; corn shelling; the drying of corn, rice, hay, fruits or vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; canning, freezing, or preserving fruits and vegetables; tree nut hulling and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under “Agricultural crop production.” It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculture-related promotional and/or educational items, and facility tours. Does not include wineries, commercial cannabis activity, commercial cannabis activity, cannabis cultivation, or sorting and packing activities conducted within a permitted roadside stand. (D2)
“Airport or heliport” means an area of land, water, or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1)
“Ambulance service” means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle, which includes a trained ambulance attendant who is licensed or certified as required by State law. (J1) “Animal raising” means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)
“Art school” – please see “School, charter, trade, vocational, art, business, or professional.” (C14) “Artisan food and beverage production and sales” means small-scale production and/or preparation of food and/or beverages made on-site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as smallbatch food producers and bakeries, small-batch candy shops, cheese makers, and herbal remedies.
The definition does not include the production of beer, wine, or other alcoholic beverages. (B1) “Assembly facility” means any of the following:
1. Meeting facilities for organizations, including facilities for business associations, civic, social, and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations, and other membership organizations.
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2. Churches and other religious institutions, including living quarters for ministers and staff, but excluding other establishments maintained by religious organizations such as educational institutions and daycare, which are separately regulated.
3. Community centers and other multipurpose meeting and recreational facilities that include one or more meeting or multipurpose facilities, kitchens, and outdoor barbecue facilities available for use by various groups for meetings, parties, receptions, dances, etc. (50) (C10) “Assisted living, skilled nursing, or hospice facility” means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (H1) “Athletic complex or ball field” means a field, outdoor court, outdoor swimming pool, stadium, or group of these used for sporting activities such as baseball, softball, football, basketball, swimming, or other sports, and is not operated as a commercial enterprise. (G1) “Auction or sales house” means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate, or personal property sales conducted upon the site of the estate, foreclosed or for sale property, or property belonging to the personal property owner. It does not include swap meets or flea markets or auction or sales yard. (I2)
“Auction or sales yard” means an outdoor or open-air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include swap meets or flea markets. It may also have an indoor component similar to an auction or sales house. (I3)
“Auditorium” means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include theater, live or movie. (C1)
“Automated teller machine (ATM)” means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)
“Automobile and pick-up sales, new and used” means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used automobiles and pick-ups along with incidental repairs and servicing of automobiles or pick-ups. (I4) “Automobile and pick-up sales, used only” means an open area or building, other than a street, used for the display, sale or rental of used automobiles and pick-ups and where no repair work is done except minor incidental repairs and servicing of automobiles or pick-ups to be displayed, sold or rented on the premises. (I5)
“Automobile service station” – please see “Fuel sales, retail,” “Motor vehicle repair or service, minor,” and “Motor vehicle repair service, major.” (I15) (J18) (J19) “Automobile wrecking yard” – please see “Junkyard, wrecking yard, or salvage facility.” (K5) “Ball field” – please see “Athletic complex or ball field.” (G1) September 26, 2024 Pg. 353
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“Bank or credit union, main branch” means an institution providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, loan services, or merchant banking services. This use excludes a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money,see “Office, professional or commercial.” (J2)
“Bar, nightclub, or lounge” means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2)
“Barbershop, hair salon, nail care, massage therapy, or day spa” means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup but does not include other forms of tattooing or body art application. (J3) “Bed and breakfast inn” means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically require an ABC Type 67 license. (2) (H2) “Boarding house or rooming house” means a building containing a single dwelling unit and provisions for five or more persons, where lodging is provided with or without meals for compensation. This definition does not include assisted living, skilled nursing or hospice facility, bed and breakfast inn, or residential care facility. (3) (H3) “Boat, recreational vehicle (RV), and truck sales” means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6) “Brewery, winery, or distillery” is an establishment that manufactures beer, wine, distilled spirits, or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment’s ABC license restrictions and can include tasting facilities and/or a restaurant. This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4)
“Brewpub” means a restaurant that also brews limited amounts of beer (less than 5,000 barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3) “Building materials and supply or home improvement store” means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings. (I7)
“Bus, transit, or train station” means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a route in the public right-of-way where no additional services are provided. (K2)
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“Business school” – please see “School, charter, trade, vocational, art, business, or professional.” (C13)
“Call center” means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection, or market research. (E1)
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. (51-61) (L1-L11) “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients; - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, “medical cannabis” does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (51-61) (L1-L11) “Cannabis cultivation” means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. (51) (52) (L1) (L2) “Cannabis delivery” shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the Medicinal and AdultUse Cannabis Regulation and Safety Act (MAUCRSA) that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. (53) (L3) “Cannabis dispensary” means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. (54) (L9)
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“Cannabis distribution” means the wholesale procurement and sale of cannabis or cannabis products between entities licensed pursuant to MAUCRSA, AUMA, and any subsequent State of California legislation regarding the same. (55) (L4)
“Cannabis laboratory testing” means offering or performing testing and/or activities relating to the evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the State of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location. (56) (L5)
“Cannabis manufacturing” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The manufacturer conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. (57) (L6)
“Cannabis transporting” means the conveyance by a person issued a State license authorizing the point-to-point movement of cannabis or cannabis products in amounts authorized by the State of California or by one of its departments or divisions under the MAUCRSA and/or AUMA. (61) (L11)
“Car wash, automatic or full service” means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility’s employees, or both. (J4)
“Car wash, self-service” means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J5) “Card room” means an establishment providing legal gambling combined with card games and can include a restaurant, bar, or other ancillary entertainment. (C2) “Caretaker residence or quarters” is a residence that is an accessory to a primary use of the site for housing a person or persons who are tasked with caring for or securing the site on a part-time or full-time basis. The second dwelling unit includes caretaker residences or quarters in residential zones. (A2)
“Carnival or circus” means a temporary outdoor amusement center, bazaar, or fair, either involving the use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games.
Carnival or circus does not include a non-profit event sponsored by a local school or religious institution. (C4)
“Carpet cleaning and dyeing” means an establishment that provides for the cleaning and dyeing of rugs, carpets, and upholstery. (J6)
“Cemetery” means land and facilities used or intended to be used for the burial or interment of the dead and includes a columbarium, crematorium, mausoleum, and/or mortuary when operated in conjunction with and within the boundary of the facility. (F1) “Charter School” – please see “School, charter, trade, vocational, art, business, or professional.” (C13)
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“Check cashing establishment” – please see “Payday lender or check cashing establishment.” (J20)
“Child care center” – please see “Daycare Center.” (L16) “Club, lodge, or private meeting hall” means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3)
“Cold storage or ice house” means a facility for the storage of food or other items in an artificially cooled place for the purpose of preservation and/or for producing large amounts of ice. (K3) “College or university, private or public” means a school or group of schools that provides postsecondary education, usually resulting in a degree. (C5) “Clinic, medical” – please see “Urgent care center or other walk-in clinic.” (E9) “Commercial recreation facility, indoor” means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as but are not limited to, a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2)
“Commercial recreation facility, outdoor” means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as but are not limited to, a batting cage, miniature golf, water slide, go-cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3) “Communications broadcasting or media studio” means a facility that is equipped for sound recording, the transmission of radio and television programs, or the production of motion pictures, television programs, videos, music, cellular phone applications, or video games. (E1) “Communications equipment building” – please see “Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank.” (F4)
“Community center or facility” means an assembly building used typically for non-profit social, recreational, and cultural activities. (62) (F2)
“Community garden” means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)
“Construction materials recycling” means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in a landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J7)
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“Convenience store, with or without fuel sales” means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries.
Retail fuel sales may or may not also be provided. (I8) “Convention or conference center” means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices.
Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6)
“Copy, printing, or mailing service” means an establishment providing printing, photocopying, engraving, binding, packaging, mailing, and related services to both businesses and individuals. (J8)
“Cottage food operation” means a home-based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (A3) (33)
“Crematorium” is a structure or building substantially exposed above ground intended to be used for the cremation and/or interment of the cremated remains of a deceased person or animal. (J9) “Daycare facility” means a facility providing supervision, feeding, and non-medical care of persons, usually but not necessarily children, for a time period of less than 24 hours. Daycare facilities are further divided into the following categories:
“Daycare, adult” means a facility licensed by the State of California that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for adults over the age of 18 for periods of less than 24 hours a day. (63) (L10) (L11) “Daycare, large family” means regularly provided care, protection, and supervision of children in the caregiver’s own home for periods of less than 24 hours per day while the parents or authorized representatives are away for seven to 14 children. (66) (L13) “Daycare, small family” means regularly provided care, protection, and supervision of children in the caregiver’s own home for periods of less than 24 hours per day while the parents or authorized representatives are away for up to eight children. (65) (L12) “Daycare center” means any adult or child care facility of any capacity, other than a family care home, in which less than 24-hour per day non-medical care and supervision are provided in a group setting. This classification includes nursery schools, preschools, and daycare facilities for children or adults, and any other daycare facility licensed by the State of California. (67) (A4) (L14) “Day spa” – please see “Barbershop, hair salon, nail care, massage therapy, or day spa.” (J3) “Drive-thru pick-up window” means the ancillary use of a window or other opening in the wall of a building through which goods or services are provided directly to customers in motor vehicles. (A5) (A6)
“Dry cleaning or laundromat” means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where coin-operated washing and drying machines are available for customer use. (J10) September 26, 2024 Pg. 358
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“Duplex” – please see “Multi-family dwelling.” (12) (13) (14) (H11) (H12) (H13) “Dwelling, accessory” – please see “Accessory dwelling.” (30) “Dwelling, multiple-family” – please see “Multi-family dwelling.” (12) (13) (14) (H11) (H12) (H13)
“Dwelling, single-family” – please see “Single-family dwelling.” (18) (19) (H18) (H19) “Electrical distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank” means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, natural gas, domestic water, or communications.
Wireless communication facilities are not included in this definition. (68) (F4) “Electric vehicle recharging facility” means one or more publicly available parking spaces served by electric vehicle service equipment and is typically an ancillary use in a parking garage or parking lot. (A7)
“Elevated pressure tank” – please see “Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank.” (F4)
“Emergency Shelter” means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, where housing is not denied because of an inability to pay. (4) (H4)
“Employee housing” means property used temporarily or seasonally (not more than 180 days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on-site or off-site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including an area set aside for parking of mobile homes and manufactured homes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle pursuant to Health and Safety Code Section 10021.5. Specifically, there are two types of employee housing as follows:
1. Employee Housing, Large: Employee housing that serves more than six employees and consists of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household. (6) (H6)
2. Employee Housing, Small: Employee housing that serves six or fewer employees. The housing may be in a single or multi-family residence. (5) (H5) “Equipment rental yard” means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J11) “Exterminator or pest control service” means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J12)
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“Fairgrounds” means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F5)
“Farmer’s market” means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10)
“Feed and seed store” means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)
“Food catering” means an establishment that prepares and delivers food and beverages for off-site consumption, typically at a special event, without provision for on-site pickup or consumption. (J13)
“Food locker” means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption but does not include the slaughtering of animals. (K4) “Food market” means an establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off-premises. It can also contain a section where prepared foods are sold and consumed on-site. (I12)
“Food produce stand” means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)
“Fortune telling” means an establishment where people’s fortunes are predicted through the use of astrology, card reading, numerology, etc. (J14)
“Fuel distributing” means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J15)
“Fuel sales, fleet, or cardlock” means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14)
“Fuel sales, retail” means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15) “Funeral home or mortuary” means an establishment where the deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored and caskets and other funeral supplies are sold. (C7) “Games of skill or amusement” means machines, devices, or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug, or key into any slot or crevice for the purpose or use as a game or amusement. This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A9) (A10) “Garden shop” means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I16) “Gas regulator station” – please see “Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank.” (F4)
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“Gas station” – please see “Fuel sales, retail.” (I15)
“Golf course or country club” means one or more golf courses with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities, driving ranges, “pro shops” for on-site sales of golfing equipment, and golf cart storage and sales facilities. (G4) “Government office; local, State, or federal” means a facility owned or operated by a local, State, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services, and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemeteries, post offices, or public safety facilities. (F6) “Guest house” means living quarters without a kitchen, located on the same premises as a main residence. (35)
“Hair salon” – please see “Barbershop, hair salon, nail care, massage therapy, or day spa.” (J3) “Hazardous waste facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25110.1.) (D5)
“Health or fitness facility, large” means a fitness center, gymnasium, health club, or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa, or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5) “Health or Fitness Facility, small” means a fitness center, health club, or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa, or hot tub facilities; a swimming pool, or a tennis, basketball, or handball court. (G6) “Heliport” – please see “Airport or heliport.” (K1)
“Home occupation” means a commercial business activity conducted as an accessory use within a residence. (36) (A9)
“Hospital, general or psychiatric” means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E4) “Hotel or motel” means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically require an ABC Type 70 license. (7) (H7) “Industrial or manufacturing facility, heavy” means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials. This use includes operations such as biomass energy conversion, production apparel manufacturing, photographic processing plants, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, September 26, 2024 Pg. 361
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plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing, fabricated metal product manufacturing, and automotive and heavy equipment manufacturing. This use does not include agricultural products processing. (D6) “Industrial or manufacturing facility, light” means a facility that manufactures products from previously prepared materials completely within an enclosed building and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign production or manufacturing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
“Junior accessory dwelling unit” – please see “accessory dwelling unit, junior.” “Junkyard, wrecking yard, or salvage facility” means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three non-operating automobiles, other vehicles, or machinery for a period of more than 30 days. (K5) “Keeping of household pets” means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of Animal raising, and typically including dogs, cats, birds, fish, or other similar-sized animals. Also, see Animal raising. (37) (A10)
“Kennel or animal boarding” means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J16)
“Laboratory, general, medical, or dental” means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E3) “Landscape nursery” means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location, typically to both retailer and wholesale customers. (I10)
“Large Family Daycare” – please see “Daycare, Large Family.” (L15) “Library, museum, or cultural facility” means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C8)
“Linen, diaper or uniform supply service” means an establishment providing high volume laundry and garment services, including power laundries (family and commercial), garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J10)
“Liquor store” means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I18) September 26, 2024 Pg. 362
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“Live/Work facility” means a building that combines a complete dwelling unit with a commercial or office workspace, with both occupancies used by the same person or family. (H8) “Lodge” – please see “Club, lodge, or private meeting hall.” (C3) “Lounge” – please see “Bar, nightclub, or lounge.” (B2) “Lumberyard” – please see “Building materials and supply or home improvement store.” (I7) “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (8) (9) (H9) (H10) “Manufactured home sales yard” means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I19) “Massage therapy” – please see “Barbershop, hair salon, nail care, massage therapy, or day spa.” (J3)
“Meatpacking or slaughterhouse” means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)
“Meatpacking or slaughterhouse” means a facility that slaughters animals and/or packages animal meat for food. (D8)
“Microbrewery” means an establishment that produces small batches of beer for sale on or off of the site and may or may not include food service. Typically, a microbrewery produces fewer than 15,000 barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4) “Mining, quarry, or sand and gravel excavation” means an area of land where rock, ore, stone, and similar materials are excavated and processed for sale for use off-site. (D9) “Mini-warehouse or self-storage facility” means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis.
This use does not include a food locker, warehouse, or distribution center. (K6) “Mobile home” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (10) (H10) “Mobile home park” means an area of land where two or more mobile home sites are rented or leased, or offered for rent or lease, to accommodate mobile homes or manufactured homes used as a residence. (10) (H11)
“Mobile vendor or food truck” means an establishment that sells food, drinks, or merchandise by means of a motorized or non-motorized vehicle, such as a wagon, pushcart, handcart, bicycle, motorized cart, or food truck that periodically parks to provide food or other wares to customers. (69) (A11)
“Motel” – please see “Hotel or motel.” (H6)
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“Motor vehicle repair or service, major” means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J18)
“Motor vehicle repair or service, minor” means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, window tinting, car stereo installation, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. (J19)
“Multi-family dwelling” means a building or group of buildings in one complex with multiple separate housing units. A multi-family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed-use building that also provides separate space for commercial or office use but does not include an attached single-family dwelling. (11) (12) (13) (H12) (H13) (H14) “Nail care” – please see “Barbershop, hair salon, nail care, massage therapy, or day spa.” (J3) “News, magazine, or flower stand, outdoor” means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors. This use does not include sales from temporary booths or structures. (I20)
“Nightclub” – please see “Bar, nightclub, or lounge.” (B2) “Office; medical, dental, or optometry” means an establishment that provides services, typically by appointment, dealing with human health, including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include barbershop, hair salon, nail care, massage therapy, or day spa. (E5) “Offices, professional or commercial” means an establishment that provides administrative, clerical, technical, professional, or similar business services and typically where products or goods are not provided. Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E6) “Optical retailer” means an establishment that provides prescription eyeglasses and contact lenses and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I24)
“Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A12)
“Outdoor storage” means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (70) (A13) “Park or playground” means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner’s association. (71) (G7)
“Parking facility, off-site” means an area, lot, or structure with one or more levels, other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site. This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7) September 26, 2024 Pg. 364
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“Pawnshop” means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I21)
“Payday lender or check cashing establishment” means an establishment that cashes checks, warrants, or money orders for a fee and/or provides short-term loans, usually at a high-interest rate, that must be paid in full when the borrower receives their next paycheck. This use does not include banks or credit unions. (J20)
“Pet grooming” is a personal service establishment that, for a fee, trims, cleans, or curries domestic pets such as dogs and cats and may sell pet supplies. This use does not include kennel or animal boarding. (J21)
“Pet store” means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I22)
“Pharmacy” means an establishment that provides prescription drugs under the supervision of a pharmacist and can also provide other retail products. (E7) “Photography studio” means an establishment where customers can have their portraits taken professionally. (J22)
“Pool hall or billiard parlor” means an establishment where pool and/or billiard games are played for a fee. (C9)
“Post office” means a facility that accepts, processes, and sorts mail operated by the United States Postal Service. (F7)
“Private meeting hall” – please see “Club, lodge, or private meeting hall.” (C3) “Professional school” – please see “School, charter, trade, vocational, art, business, or professional.” (C13)
“Produce stand” Please see “Food produce stand.” (I13)
“Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard” means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F8) “Public safety facility or station” means a facility that is a base for providing public safety and emergency services, including police, fire protection, and emergency services. This use does not include ambulance service. (F9)
“Public service pumping station” – please see “Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank.” (F4)
“Recreational vehicle park” means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use, and that typically provide support services, such as utility hookups and sewer dump facilities. (14) (H15) “Recycling, processing or sorting facility” means a facility used for the collection, processing, and preparation of recyclable material for efficient shipment, or to an end-user’s specifications, by September 26, 2024 Pg. 365
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such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J25)
“Recycling, large collection facility” means a facility located in an area of over 500 square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J24) “Recycling, small collection facility” means a facility located in an area of not more than 500 square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine, or other collection method. (J23)
“Repair shop, large appliance or equipment” means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on-site and includes repair of large, motorized equipment that are not vehicles. (J26) “Repair shop, small appliance or equipment” means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or workbench. This use typically provides all of its service on-site and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J27) “Research and development facility” means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D10)
“Residential care facility” means a single-family dwelling, group care facility, or similar facility licensed by the State of California for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (15) (16) (H16) (H10)
“Residential dwelling located in the same building with office or commercial use” means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H18)
“Restaurant, full service” means an establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5)
“Restaurant, limited service with drive-thru pickup window” means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B6) (B7) (B8)
“Restaurant, limited service without drive-thru pickup window” means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter.
Takeout or delivery service and/or live entertainment may also be provided. Drive-thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B8)
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“Retail sales store” means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I23) (I24) “Retail sales solely via Internet, direct mail, or telephone” means an establishment providing retail products for sale and delivery only via Internet, direct mail, or telephone communication, with a floor space for storage of products of less than 5,000 square feet. This use does not include a call center, warehouse, or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I25)
“Rooming house” – please see “Boarding house or rooming house.” (3) (H3) “School, private (kindergarten to 12th grade)” means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include homeschooling at a residence. (72) (C11)
“School, public (kindergarten to 12th grade)” means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include a charter school. (73) (C12)
“School; charter, trade, vocational, business, or professional” means a facility that is operated either with public funds under a charter contract or with private funds and that offers specific educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, automotive repair schools, and similar specialized schools. (74) (C13)
“Scrap metal processing” – please see “Junkyard, wrecking yard, or salvage yard.” (K5) “Secondhand or thrift store” means an establishment that accepts donations of secondhand items and clothing and is typically operated for charitable purposes. (I26) “Self-storage facility” – please see “mini-warehouse or self-storage facility.” (75) (K6) “Service station” – please see “Fuel sales, retail, and Motor vehicle repair or service, minor.” (I15) (J19)
“Shooting range, indoor” means an establishment that is used for archery or firearms practice in a fully enclosed facility. (J28)
“Shooting range, outdoor” means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J29)
“Sign manufacturing and production” – please see “Industrial or manufacturing facility, light.” (D7)
“Single-family dwelling, attached” means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (10) (H19)
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“Single-family dwelling, detached” means a building with one residential dwelling unit located on one lot. (18) (H20)
“Single-room occupancy (SRO)” means a residential facility of two or more separate individual rooms with typically less than 500 square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single-room occupancy does not include hotel or motel. (19) (H21)
“Small family Daycare” “See Daycare, small family.” (64) “Social service office, assistance center, or guidance center” means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions. This use does not include facilities that provide overnight stays. (F10)
“Specialty construction or trade service” means an establishment that provides construction, installation, or maintenance services activities that are typically specialized trade activities and where some of the services may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include repair shop or motor vehicle repair or service. (J30) “Storm drainage basin, with or without a park” means a facility that collects stormwater from offsite locations into a sunken basin. The facility may be inaccessible to the public or may be designed to provide partial public access for recreational use. (76) (F11) “Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar” means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include health or fitness facility. (C14)
“Supportive housing” is defined in Section 50675.14 of the Health & Safety Code and has no limit on the length of stay, is linked to on-site or off-site services, and is occupied by a target population as defined in Health & Safety Code Section 53260 (i.e., low-income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18 years old). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. (20) (H22)
“Swap meet or flea market” means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sell or barter merchandise. This use does not include “Farmer's market,” “Auction or sales house,” or “Auction or sales yard.” (I27) “Tailoring or clothing alterations” means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J31) “Tattooing or body art” means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. This use does not include any use that is more specifically defined in Section 9.62.020. (J32)
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“Temporary materials or equipment storage yard” means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition activity occurring on another site. (40) (A14) “Temporary residential sales office” means a facility that provides temporary office space to support the sale of residences or other structures and can include related parking. (41) (A15) “Theater, live or movie” means a facility with an auditorium for viewing movies, plays, acts, or other performances. (C15)
“Tobacco, smoke, or vape shop” means an establishment that provides tobacco or vape products or tobacco or vape-related paraphernalia in an area greater than 40 percent of its total available retail floor space. (I28)
“Trade school” – please see “School, charter, trade, vocational, art, business, or professional.” (C13)
“Transit station” – please see “Bus, transit, or train station.” (K2) “Travel center.” – please see “Truckstop or Travel center.” (K8) “Transitional housing” means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. This definition includes low-barrier navigation centers. (21) (H23) “Truckstop or travel center” means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
“Trucking or transportation terminal” means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9) “Urgent care center or other walk-in clinic” means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room, typically without an appointment. This use includes urgent care centers, free clinics, hospitalbased health clinics, and community health clinics but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E8) “Vehicle impound yard” means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
“Vending machines” means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice, food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but do not include fueling pumps. (A16)
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“Veterinary clinic or office” means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J33)
“Veterinary hospital” means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J34) “Vocational school” – please see “School, charter, trade, vocational, art, business, or professional.” (C13)
“Warehouse or distribution center” means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include mini-warehouse or self-storage facility. (K11)
“Winery” – please see “Brewery or winery.” (D4)
“Wireless Communication Facility” means an unstaffed facility that transmits and receives wireless telecommunications, and typically consists of an antenna array, connection cables, an equipment room, and an antenna support structure tower, or pole. (F12) September 26, 2024 Pg. 370
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Chapter 9.98
DEFINITION OF TERMS
Sections:
9.98.010 Applicability.
9.98.020 Definition of terms.
9.98.010 Applicability.
The terms, words, and phrases defined in this chapter shall apply to this title.
9.98.020 Definition of terms.
“Abutting” means two or more parcels sharing a common boundary at least at one point. “Abandoned” means failure to develop, maintain, or use a building, structure, or improvement or failure to conduct a use upon real property for a stated period of time. “Access” means safe, adequate, and usable ingress or egress to real property, structures, or improvements.
“Action” means the decision made by the review authority on a land use application, including appropriate findings, environmental determination, and conditions of approval, where applicable. “Addition” means any construction that increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
“Alley” is a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.
“Alteration” means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.
“Antenna” means a device for transmitting or receiving radio, television, or any other transmitted signal.
“Applicant” means owner(s) of property or their agent(s) who are seeking privileges provided by this title.
“Attached” means any structure that has a wall or roof in common with another structure. “Basement” means a portion of the building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. “Berm” means a mound or embankment of earth.
“Block” means a parcel of land surrounded by public streets, highways, freeways, railroad rightsof-way, flood control channels, creeks, washes, rivers, or unsubdivided acreage or any combination thereof.
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“Building” means a permanently located structure having a roof for the housing or enclosure of persons, possessions, or property of any kind. Mobile homes, travel trailers, and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. “Building area” means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.
“Building height” means the vertical distance between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, vents, antennas, elevators, and similar mechanical equipment.
“Building, main” means a building in which the principal use of the real property is conducted. “Building setback area, front” means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area. “Building setback area, interior side” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the required rear building setback area or where there is no required rear building setback area, to the rear lot line and from the interior side lot line to a setback line parallel thereto. “Building setback area, rear” means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.
“Building setback area, side” means a building setback area between the side lot line and a line parallel thereto and extending from the front building setback area to the rear building setback area.
“Building setback area, street-side” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the rear lot line and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto. “Building site” means the ground area of a building together with all open spaces required by this title.
“Carport” means a permanent roofed structure not completely enclosed to be used for vehicle parking.
“City” means the City of Avenal.
“Commercial vehicle” means a vehicle customarily used as part of a business for the transportation of goods or people.
“Commission” means the Planning Commission of the City of Avenal. “Conditional use” means a use that may be located within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety, and welfare and will not impair the integrity and character of the zoned district. “Conditional use permit (CUP)” means a discretionary entitlement that may be granted under the provisions of this title and, which when granted, authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.
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“Construction commencement” means the start of construction of a substantial portion of on-site and off-site structural improvements after a building permit has been issued. “Council” means the City Council of the City of Avenal. “County” means the County of Kings.
“Court” means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building.
“Days” means consecutive calendar days unless otherwise stated. “Decibel (dB/dBA)” is a unit for describing the amplitude of sound as it is heard by the human ear.
“Density” means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.
“Density Bonus” means an increase in the allowable number of residences granted by the City or County in return for the project’s providing low- or moderate-income housing. A housing development that provides 20 percent of its units for lower-income households, 10 percent of its units for very-low-income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions (see California Government Code Section 65915). “Design” means the planning and engineering of the following: street alignments, grades, and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building, structures and improvements and other such specific physical requirements. “Detached” means any building or structure that does not have a wall or roof in common with any other building or structure.
“Development” means any change or alteration of real property or its boundary lines, and including, without limitation, the placement or erection of any solid material, structure or improvement thereon; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this title, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project,” as defined in Government Code Section 65931, is included with this definition.
“Development agreement” means a binding contract between a developer and the City or County establishing the conditions under which a particular development may occur. The local government “freezes” the regulations applicable to the site for an agreed-upon period of time (see California Government Code Section 65864).
September 26, 2024 Pg. 373
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“Development permit” means a discretionary entitlement that may be granted under the provisions of this title and, which when granted, authorizes a specific use to be made of specific property, subject to compliance with all terms and conditions imposed on the entitlement. “Display area” means the area of a building in a retail sales store used to display goods that are for sale.
“Driveway” means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. “Dwelling” or “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. A dwelling unit shall have interior access between all habitable spaces, except that a junior accessory dwelling unit containing all facilities necessary for living, sleeping, eating, food preparation, and sanitation need not maintain interior access to the remainder of the dwelling unit. “Easement” means a grant of property rights by the property owner to the public or any specific person.
“Electric vehicle” means a vehicle that uses a plug-in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle. “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle. “Establishment” means land, buildings, rooms, space, and/or equipment necessary for conducting business.
“Facade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
“Family” is an individual or a group of persons living together who constitute a bona fide singlefamily housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. “Facility” means land, buildings, rooms, space, and/or equipment necessary for doing something. “FAR (Floor Area Ratio)” is a measure of development intensity. FAR is the ratio of the floor area of a building to the area of its site. For instance, both a two-story building that covers an entire lot and a four-story building that covers half of a lot that has a FAR of two. “Fence” means a barrier surrounding or located upon a parcel of real property or a portion thereof and intended to prevent escape or intrusion therefrom or to identify a boundary identity, including without limitation, screened, solid (90 percent or more), closed to air, light, and vision, open (50 percent or more), or temporary and which may be constructed from wood, metal or masonry material or any combination thereof.
“Floor area” means the gross area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.
September 26, 2024 Pg. 374
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 311 2024
“Furniture” means the things placed in a room that equip it for living. This normally includes beds, tables, chairs, sofas, desks, and shelves. Home appliances, outdoor/patio furniture, wall cabinets, garage storage units, and home furnishing accessories are excluded from the definition of furniture. “Garage” means an enclosed building or a portion of an enclosed building used for the parking of vehicles.
“Garage subordinate design” means the garage is set back from the front facade of a home or the entrance to the garage is not a part of the front elevation of a home (such as alley-loaded or sideloaded garages). For the purpose of meeting design standards, living space shall be at least five feet forward of the garage.
“General Plan” means a document adopted by the City Council containing a statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals for the future physical development of the City of Avenal.
“Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
“Grade” means the degree of rise or descent of a sloping surface. “Grade, finished” means the final elevation of the ground surface after development. “Grade, natural” means the elevation of the ground surface in its natural state before man-made alterations.
“Grading” means the stripping, cutting, filling, and stockpiling of earth or land, including the land in its cut or filled condition.
“Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel and does not include adjacent lands already dedicated for such purposes. “Hazardous waste” means either of the following:
1. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
2. A waste that meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services pursuant to Health and Safety Code Section 25117 or any other federal, State, or local law or regulation.
3. Resource Conservation and Recovery Act hazardous wastes.
4. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste (Health and Safety Code Section 25117).
“Improvement” means any item which becomes part of, placed upon, or is affixed to real estate.
September 26, 2024 Pg. 375
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 312 2024
“Infill development site” means a parcel or group of parcels that make up a site that is vacant or underutilized and is surrounded by developed land or parcels on at least 75 percent of its perimeter.
Infill development sites include previously developed sites that may/will be redeveloped. “Integrated shopping center” means a combination of three or more business establishments permitted or conditional permitted in the zoning district in which they are located where off-street parking, landscaping, lighting, or other features are developed, managed, and maintained jointly. “Kitchen” means any room, all, or any part of which is designed and/or used for cooking and the preparation of food.
“Landscaping” means an area devoted to, or developed and maintained predominantly with, native or exotic plant materials, including lawn, groundcover, trees, shrubs, and other plant materials; artificial turf and other permeable surfaces; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements. “Land use” means a description of how land (real estate) is occupied or utilized. “Loading space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lot” means a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon. The classifications of lots are:
1. “Corner” means a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.
2. “Flag” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.
3. “Interior” means a lot abutting only one street.
4. “Key” means a lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.
5. “Reverse corner” means a corner lot, the rear of which abuts the side of another lot.
6. “Through” means a lot having frontage on two generally parallel streets with only one primary access.
“Lot area” means the net horizontal area within bounding lot lines after dedication. “Lot coverage” means the area of a lot covered by buildings, excluding eaves, projecting balconies, ground-level paving, landscaping, and open recreational facilities. “Lot depth” is the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.
“Lot frontage” means the portion of the lot contiguous to the street. “Lot line” means any boundary of a lot. The classifications of lot lines are:
1. “Front” means on an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, September 26, 2024 Pg. 376
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 313 2024
the front lot line shall be determined by the Director). On a through lot, the lot line abutting the street providing the primary access to the lot.
2. “Interior” means any lot line not abutting a street.
3. “Rear” means a lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line.
“Lot width” means the horizontal distance between side lot lines, measured at the front setback line.
“Mall” means a large building or series of connected buildings containing a variety of retail stores, restaurants, and entertainment activities, including, but not limited to, such activities as theaters, arcades, amusement rides, rock-climbing, and other indoor recreation opportunities that serve a regional population.
“Median” means a paved or planted area separating a street or highway into two or more lanes of opposite directions of travel.
“Nonconforming lot” means a lot, the area, frontage, or dimensions of which do not conform to the provisions of this Zoning Code.
“Nonconforming structure” means a structure that was lawfully erected prior to the adoption of this title but does not conform with the development standards of the district in which the structure is located, including coverage, setbacks, height of structures, or distances between structures. “Nonconforming use” means a use that was lawfully established and maintained prior to the adoption of this title but does not conform with the use regulations for the zoning district in which it is located or to the provisions of this Zoning Code. “Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include areas covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites.
“Open space, usable” means recreational or leisure space for the shared use of residents of a multiunit development and may include gardens, playgrounds, courtyards, swimming pools, sitting areas, court games, recreation rooms, exercise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar uses or facilities.
“Overhang” means the part of a roof or wall that extends beyond the facade of a lower wall. “Overlay district” is a district established by this Zoning Code, which may be applied to a lot or portion thereof only in combination with a base district. “Parapet” means the extension of the main walls of a building above the roof level. “Parcel” means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest recorded map in the County Recorder’s Office. “Parking area” means any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
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“Parking lot” is an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.
“Parking ratio” means the number of parking spaces provided per 1,000 square feet of floor area. “Parking, shared” means a public or private parking area used jointly by two or more uses. “Parking space” is the space marked for the parking of a motor vehicle within a public or private parking area.
“Parking structure or structured parking” means a multi-story car park (also called a parking garage or indoor parking) designed for car parking and where there are a number of floors or levels on which parking takes place.
“Parkway” means that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, as applicable, used for or which may be used for the purpose of planting and maintaining street trees, shrubs, hedges, or other plants. In some areas within the city, park strips may extend into a private property’s yard beyond the sidewalk. Park strips may be located on private property or may abut private property. “Performance standards” means zoning regulations that permit uses based on a particular set of standards of operation rather than on a particular type of use. Performance standards may provide specific criteria to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, or visual impact of a use. “Permit” means a written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. “Person” means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee. “Permitted use” means any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Planned unit development (PUD)” means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.
“Principal use” means the primary or predominant use of any lot, building, or structure. “Project” means the total development within the boundaries as defined in the development plan. “Public right-of-way” means a strip of land acquired by reservation, dedication, prescription, voluntary purchase and sale, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, and/or any other public uses.
“Recreational vehicle” means a vehicle or trailer capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved, and designated a recreational vehicle and bearing the insignia of the State of California or any other State or federal agency having the authority to September 26, 2024 Pg. 378
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 315 2024
approve recreational vehicles. RVs include, without limitation, any of the following: camp trailer, as defined by the California Vehicle Code Section 324; house car, as defined by California Vehicle Code Section 362; trailer coach, as defined by California Vehicle Code Section 635; mobile home, as defined by California Vehicle Code Section 396; bus, as defined by California Vehicle Code Section 233, whether altered or unaltered or for commercial or private use; boat, watercraft, and/or trailer for a boat or watercraft; trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and recreational vehicle, as defined by the California Health and Safety Code Section 18010.
“Recycling” means the process by which waste products are reduced to raw materials and transformed into new reused or reconstructed products that meet the quality standards necessary to be used in the marketplace.
“Review authority” means the person, committee, commission, or council responsible for the review and/or final action on a land use entitlement.
“Right-of-way” means a strip of land acquired by purchase, reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
“Rounding of quantities” means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities, which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is .5, except as otherwise provided in this Zoning Code. “Screened or screening” means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least 90 percent view obscuring. “Setback” means the area between the setback line and the property line. “Setback line” means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.
“Shipping container” means a standardized reusable vessel, prefabricated container, or structure originally designed for or capable of being mounted or moved by rail, truck, or ship. This definition includes the terms seatrain, C-Train, C-van, ISO container, and cargo container. “Sign” means any letter or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. “Single-room occupancy (SRO)” means a residential facility of two or more separate individual rooms with typically less than 500 square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. An SRO may not be occupied by more than one person. Single-room occupancy does not include hotel or motel. “Site” means the land or area that is the subject of a development project or use and may include more than one lot or parcel.
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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 316 2024
“Site area” means the net horizontal area included within the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, railroad, or any other area dedicated or to be dedicated for a public use. “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land.
“Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percentages or degrees.
“Solar facilities” means the airspace over a parcel that provides access for solar energy systems to absorb energy from the sun.
“Specific plan” means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
“Story” means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
“Street” means any public or private thoroughfare with a width of 20 or more, which affords a primary means of access to abutting property.
“Street, private” means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and is not to be construed to mean driveways, alleys, or parking areas.
“Street, public” means a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication that have been improved or for which a bonded improvement agreement is in effect.
“Structural Alterations” means any change in the supporting members of a structure, such as the bearing walls or partitions, columns, beams, or girders. “Structure” means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. “Structure, accessory” means a subordinate building that is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a building permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, second dwelling units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes.
“Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act September 26, 2024 Pg. 380
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(Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Temporary structure” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Temporary use” means a use established for a designated period of time, with the intent to discontinue the use at the end of the designated time period. “Traffic safety sight area” means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, which inhibit visibility and thus cause a hazard to traffic and pedestrian safety, are prohibited.
“Transient basis” means a continuous period of two weeks or less. “Underutilized land” means land with a structure or structures that occupy only a small portion of the land and is being used significantly below its potential use. “Use” means the purpose (type or extent) for which land or a building is arranged, designed, or intended or for which either land or a structure is occupied or maintained. “Use initiation” means the implementation of a use on a parcel or occupancy of a structure or construction of substantial site improvements after a building permit has been issued, subject to determination by the Director.
“Use, accessory” means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this Ordinance. “Use, allowed” means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this Ordinance.
“Use, conditional” means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to development/design review or to a conditional use permit, and to all other regulations established by this Code.
“Use, principal” means a use that fulfills a primary function of a household, establishment, institution, or other entity.
“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
“Variance” means a discretionary entitlement that permits the departure from the strict application of the development standards contained in this Zoning Code. “Vehicle” means a self-propelled device by which persons or property may be moved upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
“Wildlands” means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.
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“Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
“Zero lot line” means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
“Zoning certificate of occupancy” means a permit issued by the Community Development Department that allows the occupancy of a structure that conforms to all applicable provisions of this chapter and any and all conditions or requirements issued by the City or any of its departments or by any other federal, State, or local agency or body. “Zoning district” means a portion of the city within which certain uses of land and structures are defined and regulations are specified.
September 26, 2024 Pg. 382
City of Avenal Municipal Code Title 10 - Subdivision Ordinance
Subdivision Ordinance
Title 10
City of Avenal
Draft
June 2023
September 26, 2024 Pg. 383
City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft i June 2023
Table of Contents
Chapter 10.02 ESTABLISHMENT AND PURPOSE ................................................................1
10.02.010 Title..............................................................................................................1
10.02.020 General Purpose...........................................................................................1
10.02.030 Applicability. ...............................................................................................1 Chapter 10.04 ADMINISTRATION ................................................................................3
10.04.010 Purpose.........................................................................................................3
10.04.020 Responsibilities............................................................................................3
10.04.030 Procedures....................................................................................................6
10.04.040 Application Processing. ...............................................................................7
10.04.050 Interpretation..............................................................................................10
10.04.060 Enforcement...............................................................................................11
10.04.070 Certificate of Compliance. .........................................................................12 Chapter 10.06 DIVISION OF LAND - REQUIRED MAPS........................................14
10.06.010 Purpose.......................................................................................................14
10.06.020 Required Maps...........................................................................................14 Chapter 10.10 TENTATIVE MAPS...............................................................................17
10.10.010 Purpose.......................................................................................................17
10.10.020 Tentative Map Required. ...........................................................................17
10.10.030 Preliminary Evaluation. .............................................................................17
10.10.040 Tentative Map Application. .......................................................................17
10.10.050 Tentative Map Process and Procedures. ....................................................21
10.10.060 Withdrawal of Tentative Map....................................................................23
10.10.070 Resubmittal of Application........................................................................23
10.10.080 Tentative Map Revision or Amendment....................................................23
10.10.090 Expiration of Tentative Map Approval......................................................23
10.10.100 Time Extension. .........................................................................................24 Chapter 10.12 VESTING TENTATIVE MAPS............................................................27
10.12.010 Purpose.......................................................................................................27
10.12.020 Right to File a Vesting Tentative Map.......................................................27
10.12.030 Application for Vesting Tentative Map. ....................................................27
10.12.040 Processing and Approving Authority.........................................................28
10.12.050 Development Rights Upon Approval.........................................................28
10.12.060 Filing and Processing of Final Vesting Map..............................................29
10.12.070 Administration of Vested Rights. ..............................................................29 Chapter 10.14 FINAL MAPS AND PARCEL MAPS ..................................................31
10.14.010 Purpose.......................................................................................................31 September 26, 2024 Pg. 384
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10.14.020 Timing........................................................................................................31
10.14.030 Preparation and Form of Final Map or Parcel Map. ..................................31
10.14.040 Certificates and Statements on Final Map or Parcel Map..........................33
10.14.050 Survey of Final Map or Parcel Map...........................................................35
10.14.060 Filing of Final Map or Parcel Map ............................................................35
10.14.070 City Engineer’s Review. ............................................................................35
10.14.080 Planning Director’s Review.......................................................................36
10.14.090 Approval of Final Map or Parcel Map, Execution of Subdivision Agreement, and Acceptance of Dedication. ......................................................................36
10.14.100 Multiple Final Maps or Parcel Maps. ........................................................37
10.14.110 Separate Dedications..................................................................................38
10.14.120 Waiver of Parcel Map ................................................................................38 Chapter 10.16 LOT LINE ADJUSTMENTS.................................................................40
10.16.010 Purpose.......................................................................................................40
10.16.020 General Provisions.....................................................................................40
10.16.030 Process for Reviewing Lot Line Adjustments. ..........................................40
10.16.040 Appeals. .....................................................................................................43
10.16.050 Recording...................................................................................................43
10.16.060 Record of Survey. ......................................................................................43 Chapter 10.18 VOLUNTARY PARCEL MERGER ....................................................44
10.18.010 Purpose.......................................................................................................44
10.18.020 Voluntary Parcel Merger Authorized.........................................................44
10.18.030 Process for Reviewing a Voluntary Parcel Merger....................................44
10.18.040 Appeals. .....................................................................................................46
10.18.050 Recording...................................................................................................46 Chapter 10.20 REVERSIONS.........................................................................................47
10.20.010 Purpose.......................................................................................................47
10.20.020 Initiation of Reversion Proceedings...........................................................47
10.20.030 Review of Petition......................................................................................47
10.20.040 Findings of Reversion................................................................................48
10.20.050 Conditions for Reversion. ..........................................................................48
10.20.060 Filing with County Recorder. ....................................................................48
10.20.070 Merging and Resubdividing without Reversion. .......................................48
10.20.080 Requirements for Parcel Mergers and Unmergers.....................................48 Chapter 10.22 URBAN LOT SPLIT PARCEL MAP...................................................49
10.22.010 Purpose and Scope. ...................................................................................49
10.22.020 Application................................................................................................49
10.22.030 Approval. ...................................................................................................50
10.22.040 Location requirements. ..............................................................................50 September 26, 2024 Pg. 385
City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft iii June 2023
10.22.050 Design and improvement requirements. ....................................................51
10.22.060 Access standards. .......................................................................................51
10.22.070 Map requirements. .....................................................................................52
10.22.080 Concurrent processing with other permits. ................................................53
10.22.090 Prohibition of further subdivision..............................................................54 Chapter 10.30 SUBDIVISION DESIGN STANDARDS ..............................................55
10.30.010 Purpose.......................................................................................................55
10.30.020 Applicability of Standards and Review. ....................................................55
10.30.030 General Lot and Block Design...................................................................55
10.30.040 Roadways and Access................................................................................56
10.30.050 Utilities and Services. ................................................................................57
10.30.060 Grading and Drainage................................................................................57 Chapter 10.32 SURVEY AND MONUMENTS ............................................................59
10.32.010 Purpose.......................................................................................................59
10.32.020 Survey Procedure and Practice. .................................................................59
10.32.030 Survey and Monumentation Standards. .....................................................59 Chapter 10.34 DEDICATIONS AND RESERVATIONS ............................................62
10.34.010 Purpose.......................................................................................................62
10.34.020 Dedications. ...............................................................................................62
10.34.030 Reservations...............................................................................................63
10.34.040 Dedications Made Outside of a Map. ........................................................64 Chapter 10.36 IMPROVEMENTS.................................................................................65
10.36.010 Purpose.......................................................................................................65
10.36.020 Improvement Requirements and Plans. .....................................................65
10.36.030 Oversizing Improvements..........................................................................67
10.36.040 Improvement Deferral................................................................................67 Chapter 10.40 DEFINITION OF TERMS.....................................................................72
10.40.010 Applicability. .............................................................................................72
10.40.020 Definitions of terms. ..................................................................................72 September 26, 2024 Pg. 386
City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 1 June 2023
Chapter 10.02
ESTABLISHMENT AND PURPOSE
Sections:
10.02.010 Title.
10.02.020 General Purpose.
10.02.030 Applicability.
10.02.010 Title.
This Title shall be known as, and may be cited and referred to as, the “Subdivision Ordinance of the City of Avenal”.
10.02.020 General Purpose.
A. This Title is adopted pursuant to article XI, Section 7 of the California Constitution and to supplement and implement Government Code Section 66410 et seq., the Subdivision Map Act.
B. It is the purpose of this Title 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 Title are determined to be necessary to:
1. Preserve public health, safety, and general welfare.
2. Promote orderly growth and development through implementation of the City of Avenal General Plan.
3. Ensure that properly designed infrastructure necessary to support public service needs, including, but not limited to, transportation and utility infrastructure, is provided in conjunction with subdivisions.
10.02.030 Applicability.
A. Applicability: Each subdivision of land or any other parcel modification within the city shall be in compliance with the provisions of this Subdivision Ordinance.
B. Relationship to Prior Ordinance: The provisions of the “Land Division Ordinance” of the City of Avenal as it existed prior to the effective date of the ordinance enacting this Title, ordinance 81-03, 87-01, 93-02 are repealed and superseded.
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C. Prior Rights and Violations: The enactment of this Title shall not terminate or otherwise affect vested land division approvals or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this Title.
D. Effect of Subdivision Ordinance Changes on Pending Applications: Following the effective date of this Title, or any amendment of this Title, regulations of this Title are applicable to all pending entitlement applications that have not been deemed complete, unless prohibited by state law.
E. Conflicting Requirements:
1. Subdivision Ordinance and Municipal Code Provisions: If conflicts occur between this subdivision ordinance, the Municipal Code, or other plans and policies adopted by the city, the subdivision ordinance shall govern.
2. Development Agreements: If conflicts occur between the requirements of this subdivision ordinance and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.
F. Other Requirements/Permits: Nothing in this subdivision ordinance eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
G. Public Nuisance: Neither the provisions of this Title nor the approval of any permit authorized by this Title shall authorize the maintenance of any public nuisance as defined in the Municipal Code.
H. Severability, Partial Invalidation of Subdivision Ordinance: If any portion of this Title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this Title. The city council hereby declares that this Title and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Title may be declared invalid, unconstitutional, or unenforceable.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 3 June 2023
Chapter 10.04
ADMINISTRATION
Sections:
10.04.010 Purpose.
10.04.020 Responsibilities.
10.04.030 Procedures.
10.04.040 Application Processing.
10.04.050 Interpretation.
10.04.060 Enforcement.
10.04.070 Certificate of Compliance.
10.04.080 Definitions of Specific Terms.
10.04.010 Purpose.
The purpose of this Chapter is to establish the administration of this Title and to set forth the basic responsibilities of the officials and bodies charged with its administration. Further, this Chapter specifies the authority and procedures for clarifying any ambiguity in the regulations of this Chapter in order to ensure consistent interpretation and application of this Chapter.
10.04.020 Responsibilities.
Except as expressly provided otherwise in this Chapter, the responsibility for actions taken under this Chapter shall be as stated below and summarized in Table 10.04.020-1, “Approving Authority”, of this Section.
A. City Council: The city council shall be responsible for:
1. The approval or denial of final maps and parcel maps.
2. The acceptance, acceptance subject to improvement, or rejection of offers of dedications shown on final and parcel maps.
3. The approval, conditional approval, or denial of reversions to acreage.
4. Acting as the appeal board for hearing appeals of the planning director and planning commission actions as provided in this Chapter.
B. Planning Commission: The planning commission shall be responsible for:
1. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into five (5) or more parcels (tentative subdivision maps).
2. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into four (4) or fewer parcels (tentative parcel maps) where a tentative map is required by this Chapter.
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3. The approval or denial of requests for extensions of time for tentative maps subject to the provisions of Subdivision Map Act Section 66452.6.
4. Acting as the appeal board for hearing appeals of planning director actions as provided in this Chapter.
C. Planning Director: The planning director shall be responsible for:
1. The approval, conditional approval, or denial of lot line adjustments and certificates of compliance.
2. The approval or denial of mergers of contiguous parcels under common ownership without reversion under Chapter 10.18, “Voluntary Parcel Merger”.
3. The waiver of the requirement to file a parcel map.
4. The ministerial approval or denial of urban lot split parcel maps under Chapter 10.22, “Urban Lot Split Parcel Map”.
5. In conjunction with the public works director and city engineer, recommending approval, conditional approval, or disapproval of the design of proposed subdivisions, and the kinds, nature, and extent of on-site and off-site improvements required in connection therewith to the planning commission and/or the city council.
6. Reporting on land use matters related to proposed subdivisions to the planning commission and/or city council, including, but not limited to, consistency with the city general plan and the zoning ordinance (Title 9 of the Municipal Code).
7. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land to the planning commission and/or the city council.
8. Reviewing and making recommendations concerning proposed subdivisions in the unincorporated territory of the County of Kings that are within the City of Avenal’s sphere of influence in accordance with Subdivision Map Act Section 66453 when the planning director has elected to do so.
D. Public Works Director: The public works director shall be responsible for:
1. Conducting investigations and reporting on the design and improvement of all proposed subdivisions and making recommendations thereon to the planning director, the planning commission, and the city council.
2. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps based upon the requirements of this Chapter, the Subdivision Map Act, Title 9 of the Municipal Code, the general plan, or the standards, rules, or regulations adopted by the city pursuant to this Chapter.
3. Such additional powers and duties as prescribed by law and by this Chapter.
E. City Engineer: The city engineer (or, as required by law, the city surveyor) shall be responsible for:
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1. Reviewing tentative, final, and parcel maps for compliance with the standards of this Chapter, the Subdivision Map Act, and other local or state laws and providing a recommendation on such matters to the public works director and planning director.
2. Investigating requests for and recommending action on certificates of compliance as provided in Section 66499.35 of the Subdivision Map Act.
3. Completing those certificates on final and parcel maps as required by this Chapter and the Subdivision Map Act.
4. All other duties as prescribed by the Subdivision Map Act, including, but not limited to, Section 66416.5.
TABLE 10.04.020-1
APPROVING AUTHORITY
R Symbolizes the “recommending body”
F Symbolizes the “decision-making body”
A Symbolizes the “appeal authority”
Type of Decision Designated Approval Authority
City
Engineer/
Surveyor
Public
Works
Director
Planning
Director
Planning
Commission
City
Council
Administrative decisions:
Urban lot split parcel map F - R A
1 Certificates of compliance R - F A A
Subdivision permits:
Voluntary parcel merger R R F A A
Lot line adjustment R R F A A
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Type of Decision Designated Approval Authority
City
Engineer/
Surveyor
Public
Works
Director
Planning
Director
Planning
Commission
City
Council
Waiver of parcel map R R F A A
Tentative subdivision map R R R F A
Tentative parcel map R R R F A
Vesting tentative
subdivision map
R R R F A
Requests for extension of
tentative maps1
R R R F A
Requests for amendment
to conditions of approval1
R R R F A
Reversion to acreage R R R - F
Offers and recordation:
Offers of dedication R R - - F
Parcel map R R R - F
Final map R R R - F
Note:
1. Ministerial actions can only appeal statements of fact and not merits of the proposed subdivision
2. Requests for extension of tentative maps and amendments to conditions of approval shall be decided by the same authority that originally approved the permit.
10.04.030 Procedures.
A. Application: Application for subdivision permits and map approvals under this Chapter shall be submitted to the city as follows:
1. Applications for subdivision permits shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this Chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council.
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2. Applications for final map, parcel map, and certificate of compliance shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this Chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council.
B. Concurrent Application with Planning Permits: Application for subdivision permits (lot line adjustment(s), tentative subdivision map(s), tentative parcel map(s), and vesting tentative map(s)) may be submitted concurrently with applications for planning permits as provided in Title 9, “Zoning Ordinance”, of the Municipal Code. When a proposed project requires more than one permit with more than one approving authority as identified in this Chapter or in Title 9, “Zoning Ordinance”, of the Municipal Code, all project permits shall be processed concurrently, and final action shall be taken by the highest level designated approving authority for all such requested permits.
10.04.040 Application Processing.
Unless otherwise provided for in this Chapter, applications for subdivision permits and decisions shall be processed as follows:
A. Application and Fee: Applications for subdivision permits and decisions shall be made to the city on a form provided by the city, accompanied by those materials specified in this Chapter or as otherwise required by the city, along with a filing fee as established by resolution of the city council.
B. Determination of Completeness: Applications for subdivision permits and decisions shall be reviewed for completeness as follows.
1. Application Completeness with Notification: Within 30 days of application submittal to the planning department, the planning director shall determine whether or not the application is complete. The planning director shall notify the applicant of the determination either that:
a. All the submittal requirements have been satisfied and the application has been accepted as complete.
b. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
2. Application Completeness without Notification: If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this Chapter.
3. Resubmittal: Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in subsection B1 of this Section.
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4. Incomplete Application: If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this Chapter.
5. Right to Appeal: The applicant may appeal the determination in accordance with subsection E, “Appeals”, of this Section.
C. Application Review and Report: Unless otherwise provided for in this Chapter, applications for subdivision permits and decisions shall be reviewed, and a report prepared, as follows.
1. Project Routing: Upon acceptance of the application, the planning director shall forward copies of the application to affected agencies within five (5) days asking them to provide their input or comments within 15 working days.
2. Environmental Review: After determination of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.
3. Application Review: The planning director, in conjunction with the public works director, city engineer, and other agencies, shall review all applications to determine compliance with provisions of this Chapter and other applicable city regulations (e.g., zoning ordinance, general plan). The project review will include any required environmental review as required by CEQA. Pursuant to Section 66452.1 of the Subdivision Map Act, and unless extended by mutual consent of the subdivider and the city, the designated approving authority shall make a decision on the tentative map within 50 days of adopting or certifying the environmental determination for the project.
4. Staff Report: When this Chapter requires planning commission or city council action, the planning director shall provide a written recommendation to the designated approving authority to either approve, conditionally approve, or deny the application. The staff report may be amended as necessary at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.
5. Report Distribution: Each staff report shall be furnished to the applicant and property owner at the same time as it is provided to the designated approving authority prior to consideration of the requested approval. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, pursuant to Section 66452.3 of the Subdivision Map Act, the report shall also be provided to the tenants of the subject property at least three (3) days prior to any hearing or action on such map.
D. Public Hearing and Public Notice: Where this Chapter or the Subdivision Map Act requires a public hearing by the designated approving authority prior to making a decision on an September 26, 2024 Pg. 394
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application for a subdivision permit or decision, a public hearing shall be held, and public notice provided, as described below.
1. Notice of Hearing: Pursuant to California Government Code Section 65091, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and include a general explanation of the matter to be considered and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
a. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the city.
c. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent.
d. Notice of the public hearing shall be provided to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.
e. Notice of the public hearing shall be posted at city hall.
2. Requests for Notification: Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
3. Failure to Receive Notice: Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Chapter shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
4. Hearing Procedure: Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The designated approving authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be noticed again.
E. Appeals: Decisions of the designated approving authority may be appealed as provided below.
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1. Appeal Applicability and Authority: Any person dissatisfied with a determination or action of the planning director or planning commission made pursuant to this Chapter may appeal such action to the designated appeal authority listed in table 10.04.020-1, “Approving Authority”, of this Section, within 10 days from the date of the action, or as otherwise provided by this Chapter or the Subdivision Map Act. Actions by the city council are final, and no further administrative appeals are available.
2. Filing an Appeal: All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made, or as otherwise provided by this Chapter or the Subdivision Map Act. The appeal shall be accompanied by a filing fee established by resolution of the city council.
The appeal shall be submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).
3. Notice and Schedule of Appeal Hearings: Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of subsection D, “Public Hearing And Public Notice”, of this Section.
4. Appeal Hearing and Action: Each appeal shall be considered a de novo (new) hearing, and the appeal authority may reverse, modify, or affirm the decision of the approving authority in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the approving authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by this Title, may not be further appealed. A person may seek judicial review of a final decision of the City in accordance with applicable sections of the California Government Code or Code of Civil Procedures.
F. Effective Date: Decisions on subdivision permits shall become effective on the 11th day after the date of action, immediately following expiration of the 10-day appeal period. All other decisions shall become effective upon approval.
10.04.050 Interpretation.
If ambiguity arises concerning the meaning or applicability of the provisions of this Chapter, it shall be the responsibility of the planning director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this Section.
A. Rules of Interpretation:
1. Terminology: When used in this Chapter, the following rules apply to all provisions of this Title:
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a. Language: The words “shall”, “must”, “will”, “is to”, and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.
b. Tense and Number: The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular unless the natural construction of the words indicates otherwise. c. Conjunctions: “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either...or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including, but not limited to”.
2. Number of Days: Whenever the number of days is specified in this Chapter, or in any permit, condition of approval, or notice issued or given as provided in this Chapter, the number of days shall be construed as calendar days unless otherwise noted. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.
3. Minimum Requirements: When interpreting and applying the regulations of this Chapter, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
B. Record of Interpretation: Whenever the planning director determines that an ambiguity in a subdivision regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of this Chapter, the planning director shall issue an official interpretation.
C. Appeals: Interpretations made by the planning director and/or City Engineer may be appealed to the Planning Commission pursuant to Section 10.04.040.E.
10.04.060 Enforcement.
A. Generally: Except as otherwise provided herein, the planning director, public works director, and city engineer are authorized and directed to enforce the provisions of this Title and the Subdivision Map Act for subdivisions within the city. The city attorney is authorized on behalf of the City of Avenal to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act, this Title, or the conditions and term of approvals granted thereunder.
B. Illegal Subdivisions: No board, commission, officer, or employee of the city shall issue any certificate or permit or grant any approval necessary to develop any real property within the city that has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this Title.
C. Whenever the city has knowledge that real property has been divided in violation of the Subdivision Map Act or this Title, the city engineer shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that Section.
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10.04.070 Certificate of Compliance.
A. Purpose: This Section describes the procedures and processing for certificates of compliance, consistent with the requirements of Section 66499.35 of the Subdivision Map Act.
B. Applicability: A certificate of compliance is a document, recorded by the county recorder, which acknowledges that a parcel or lot of real property (hereinafter parcel) is considered by the city to be a legal parcel or lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance from the city.
C. Application: A certificate of compliance application shall be made on a form provided by the planning department and submitted to the department. The form shall be accompanied by an application deposit or fee as established by resolution of the city council. The application shall also include a chain of title, consisting of copies of deeds beginning before the division of the property and running through to the time of application for the certificate of compliance unless the parcel(s) in question was created through a recorded subdivision map.
D. City Review and Action: The application for certificate of compliance shall be reviewed and acted upon as provided below.
1. Planning Director Review: The planning director, in consultation with the city engineer, shall review the request and make a determination on the application as follows:
a. If the planning director makes a determination that the parcel(s) complies with the Subdivision Map Act and this Title, the planning director shall cause a certificate of compliance to be filed for record with the county recorder. The form of the certificate shall be as described below.
b. If the planning director determines that the parcel(s) does not comply with the provisions of the Subdivision Map Act or this Title, the planning director shall issue a conditional certificate of compliance. The city may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired their interest in the property and that had been established at that time by the Subdivision Map Act and this Title. Upon making a determination and establishing conditions, the planning director shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee to assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the city.
2. Form of Certificate: The certificate of compliance shall identify the property, shall state that the division complies with the provisions of the Subdivision Map Act and this Title, and shall include all information required under Section 66499.35 of the Subdivision Map Act.
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3. Effective Date: A certificate of compliance shall not become final until the document has been recorded by the county recorder.
4. Recorded Final Map or Parcel Map: A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described in the final or parcel map.
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Chapter 10.06
DIVISION OF LAND - REQUIRED MAPS
Sections:
10.06.010 Purpose.
10.06.020 Required Maps.
10.06.010 Purpose.
The purpose of this Chapter is to establish the types of maps that are required for the division of land in the city.
10.06.020 Required Maps.
A. General Requirements: Generally, a division of land creating five (5) or more parcels requires the preparation and approval of a tentative map (referred to as a tentative subdivision map) and the subsequent preparation, approval, and recordation of a final map as described in this Title.
Those specific types of land division requiring a tentative subdivision map and final map are described in subsection B of this Section.
When a division of land does not require the preparation of a tentative subdivision map and a subsequent final map pursuant to Section 66426 of the Subdivision Map Act, a parcel map shall instead be required (e.g., the creation of four (4) or fewer parcels). The process for preparation, approval, and recordation of parcel map shall be as described in this Title. In certain circumstances, as provided in subsection C of this Section, a tentative parcel map shall be prepared and approved prior to the parcel map. Additionally, and separate from the tentative parcel map process and as provided under Section 66428(b) of the Subdivision Map Act, the requirement for a parcel map may be waived by the city pursuant to the provisions of Section
10.14.120, “Waiver of Parcel Map”.
Lastly, there is, as provided in the Subdivision Map Act, a class of subdivisions that are exempt entirely from the requirements of a tentative map, final map, or parcel map. Those classes of subdivisions are described in subsection D of this Section.
B. Divisions of Land Requiring a Tentative Subdivision Map and Final Map and Exemptions Thereto: As provided in Section 66426 of the Subdivision Map Act, a tentative subdivision map and a final map shall be required for all divisions of land where the land will be divided into five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units except where:
1. The land before division contains less than five (5) 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.
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2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway.
3. 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.
4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than one-quarter of a one-quarter section.
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.
C. Divisions of Land Requiring a Parcel Map and Those Specific Divisions also Requiring a Tentative Parcel Map: The division of land in a manner that does not require a tentative subdivision map and final map as provided in subsection B of this Section shall require the preparation of a parcel map. This specifically includes the division of land into four (4) or fewer parcels and those divisions of land described in subsections B1 through B5 of this Section. Generally, only a parcel map shall be required, and the preparation of a tentative parcel map shall be prepared at the option of the subdivider per Section 66428(c) of the Subdivision Map Act; however, if the proposed division of land meets any of the following qualifications, a tentative parcel map shall also be prepared and approved prior to the preparation, approval, and recordation of the final parcel map. This Section shall not limit the subdivider, upon their own decision, to elect to submit for a tentative parcel map prior to a parcel map where a tentative parcel map is not required by this Title.
1. The proposed subdivision is greater than 20 acres.
2. The proposed subdivision involves the relocation or abandonment of existing easements or rights of way held by the city or another public agency.
3. The parcel map, as presented, cannot be approved by the city for recording without the imposition of conditions of approval to ensure consistency with the general plan, this ordinance, the city’s improvement standards, or address other issues of public safety.
D. Projects Exempt from Map Requirements: As provided by state law, the following divisions of land are specifically exempt from the requirements of a tentative map, final map, or parcel map:
1. Lot line adjustments between four (4) or fewer existing adjoining parcels and where a greater number of parcels than originally existed is not being created. The lot line adjustment shall be reflected in a recorded deed. No record of survey shall be required unless otherwise required by Section 8762 of the Business And Professions Code. The procedure for a lot line adjustment shall be as provided in Chapter 10.16, “Lot Line Adjustments”, of this Title.
2. Subdivisions of a portion of the operating right of way of a railroad corporation, defined by Section 230 of the state Public Utilities Code, are created by short-term leases terminable by either party on not more than 30 days’ notice in writing.
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3. 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.
4. Any other actions specifically excluded from Section 66412 et seq. of the Subdivision Map Act.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 17 June 2023
Chapter 10.10
TENTATIVE MAPS
Sections:
10.10.010 Purpose.
10.10.020 Tentative Map Required.
10.10.030 Preliminary Design Evaluation.
10.10.040 Tentative Map Application.
10.10.050 Tentative Map Process and Procedures.
10.10.060 Withdrawal of Tentative Map.
10.10.070 Resubmittal of Application.
10.10.080 Tentative Map Revision or Amendment.
10.10.090 Expiration of Tentative Map Approval.
10.10.100 Time Extension.
10.10.010 Purpose.
The purpose of this Chapter is to establish the city’s regulations, standards, and procedures for consideration of tentative subdivision map and tentative parcel map application.
10.10.020 Tentative Map Required.
For every subdivision for which a tentative map is required pursuant to Chapter 10.06, “Division of Land; Required Maps”, (e.g., tentative subdivision map, tentative parcel map), the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this Chapter.
10.10.030 Preliminary Evaluation.
Prior to submitting a tentative map application, the subdivider may schedule a pre-application meeting with the planning director, or his or her designated representative, with any applicable fees, to discuss the proposed subdivision. At the pre-application meeting, the subdivider shall have an opportunity to discuss physical conditions, facts, and policies affecting the proposed subdivision. The subdivider may also present for review a preliminary map showing approximate lot lines, proposed street alignments, or other features of the proposed subdivision. The planning director or representative shall inform the subdivider of the city’s policies, general plan, zoning, fees, and infrastructure and development standards that may pertain to the proposed subdivision and may make recommendations concerning modifying improvements and/or design of the proposed division of land.
10.10.040 Tentative Map Application.
A. Application Components: A subdivider seeking approval of a tentative subdivision map or tentative parcel map (as required by this Title) shall file an application for tentative map approval consistent with the requirements of this Chapter. The application shall consist of the following components:
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1. A completed application form, of which the blank form shall be provided by the planning department.
2. Three (3) copies of the tentative map, consistent with the requirements of subsections B, C, and D of this Section.
3. One reduced copy of the tentative map measuring 8 ½ inches by 11 inches.
4. One reduced copy of the map measuring 11 inches by 17 inches.
5. A filing fee as established by resolution of the city council.
6. A preliminary title report, showing the legal owners at the time of the filing of the tentative map and prepared not more than 90 days prior to the submittal of the application.
7. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting an application.
8. The following drawings, statements, and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:
a. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider’s ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.
b. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.
c. When specifically requested by the city due to questionable site-specific soil conditions, a preliminary soils report, prepared by a civil or geotechnical engineer registered in the state and based on adequate test borings or excavations. At least three (3) test borings shall be done for subdivisions of up to three (3) acres, and thereafter at least one test boring shall be done for each additional three (3) acres or fraction thereof.
If the preliminary soils report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final subdivision map shall contain an investigation of each lot within the subdivision. If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required. The city engineer may require additional information or reject the report if he determines it to be incomplete, inaccurate, or unsatisfactory. Percolation test(s) shall be conducted for each lot on which a private sewer system is proposed. A soils map showing lots and location of test bores and percolation tests shall be submitted with the soils report. The soils report shall include a recommendation by the civil engineer on any corrective action(s) likely to prevent structural damage to each structure proposed to be constructed in the area where the soil problem exists.
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d. A preliminary grading plan. Submission of the preliminary grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation, and erosion control of the proposed subdivision.
e. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees, or other requirements.
B. Preparation and Form of Tentative Map:
1. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a licensed land surveyor and/or registered civil engineer authorized to practice land surveying. The scale of the map shall be at least one inch equals one hundred feet (1” = 100’). If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed eighteen inches (18”) in length and twenty-six inches (26”) in width.
The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the tentative map along with his/her seal or stamp and the expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
2. The city engineer may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a licensed land surveyor and/or registered civil engineer authorized to practice land surveying if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of subsections C and D of this Section.
The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal.
C. Information on Tentative Map: The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:
1. Proposed subdivision name and county tract number.
2. Names, addresses, and telephone numbers of the record owner(s) and subdivider(s) of the land.
3. Name, address, and telephone number of the person, firm, or organization that prepared the map, and the applicable registration or license number.
4. Date of preparation, north point, and scale of the map. If based on a survey, the date of the survey.
5. Boundaries of the subdivision with sufficient information to locate the property.
6. Name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision. Identify adjoining properties with owner name, assessor parcel number, and deed document reference.
7. Contour lines at intervals of not more than one (1) foot unless waived prior to submission by the city engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems and shall extend beyond the tract boundaries where necessary to show drainage conditions on September 26, 2024 Pg. 405
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surrounding property that may affect the subdivision. A topographic survey shall not be waived in areas within the 100-year flood hazard boundary as shown on the most current flood insurance rate map prepared by the federal emergency management agency, along with any approved revisions thereto.
8. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type if known.
9. The location of all railroad rights of way and grade crossings; approximate locations of all existing wells, abandoned wells, and sumps; and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property.
10. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed.
11. The location and width of proposed building setbacks.
12. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and location of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal.
13. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width, and directions of flow of all watercourses and flood control channels within and adjacent to the property involved; and the proposed method of providing stormwater, drainage, and erosion control. In areas subject to 100-year flood hazard, base flood elevation and floodway boundary shall be indicated. The location and statement of FEMA flood zone information.
14. The locations, widths, and names or designations of all existing or proposed streets, alleys, pedestrian ways, and other rights of way, whether public or private, within and adjacent to the subdivision; the radius of each centerline curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision.
15. The lines and approximate dimensions of all lots, the number assigned to each lot; the total number of lots; and the approximate area of the average lot.
16. The total area in square footage or acreage to the nearest one-tenth (1/10) acre of each lot proposed to be utilized for other than single-family or two-family housing.
17. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each, indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation or landscape perimeter purposes it shall be designated and labeled as outlots (e.g., outlot A, outlot B, outlot C).
18. All street rights of way and public easements proposed for abandonment with the final map pursuant to Section 66477.2(c) of the Subdivision Map Act shall be clearly shown, or September 26, 2024 Pg. 406
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clearly listed on the map in cases where the specific location of the easement cannot be determined. Such abandonments shall be listed in the public notice required under subsection 10.04.040.D, “Public Hearing and Public Notice”, of this Title and following proper abandonment proceedings under Chapter 3 of Division 9 of the Streets and Highways Code commencing with Section 8320.
19. If separate final or parcel maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: a) the time the tentative map application is filed, or b) after the filing of the tentative map. The right of the subdivider to file multiple final maps shall not limit the ability of the city to impose reasonable conditions relating to the filing of multiple final maps.
D. Additional Information to be Provided for Condominium Conversions: When a tentative map includes a condominium conversion, the application for tentative map shall also include all of the following information:
1. The following information shall be shown on the tentative map, in a separate document, or in one or more separate map sheets:
a. The entire site with dimensions.
b. Footprints of all units with dimensions, a block number, and a letter identifying each unit.
c. The right of way and roadway width of all public and private streets within or adjacent to the site.
d. The dimensions of commercial driveways within the site. e. All existing and proposed parking spaces, together with dimensions. f. Existing and proposed landscaping with names of existing trees. g. Location and type of existing and proposed outdoor lighting. h. Sidewalks within and adjacent to the site together with dimensions. i. Location, height, and material of any existing and proposed walls, fences, and hedges.
2. The following documents and information shall be submitted with the tentative map application for a condominium conversion:
a. A statement of repairs and improvements to be made by the subdivider to refurbish and restore the building and other structures to achieve compliance with applicable codes. b. A copy of the declaration of covenants, conditions, and restrictions required by state law, which will apply to all owners of the proposed condominium units. c. Square footage and the number of rooms in each unit. d. Evidence that all written notifications required by Section 66427.1 of the Subdivision Map Act have been delivered to the existing tenants of the property.
10.10.050 Tentative Map Process and Procedures.
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A. General Application Review And Processing: The designated approving authority shall approve, conditionally approve, or deny the tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination that the project is exempt from the requirements of CEQA. The planning director shall thereafter report the decision of the approving authority to the subdivider. Pursuant to Section 66412.3 of the Subdivision Map Act, in reaching a decision upon the tentative map, the approving authority 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. Except as provided otherwise by the Subdivision Map Act, failure to act within the above specified time limits shall be deemed or considered approval of the tentative map.
B. Approval and Application of Conditions: The tentative map may be approved or conditionally approved by the approving authority 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 Title. The approving authority may require that, as a condition of approval, the subdivider pay all required development impact fees at the rate for such fees in effect at the time such fees would normally be levied (e.g., building permit issuance). The approving authority may modify or delete any of the conditions of approval recommended in the planning director’s report. The approving authority may add additional requirements as a condition of its approval.
C. Findings for Denial: Except as otherwise required by state or federal law, the approving authority shall deny approval of the tentative map if it makes any of the following findings:
1. That the proposed map, together with the provisions for its design and improvement, is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this ordinance.
2. That the site is not physically suitable for the proposed 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 improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the designated approving authority may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA 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 designated approving authority 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 September 26, 2024 Pg. 408
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of a court of competent jurisdiction, and no authority is 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.
7. Subject to Section 66474.4 of the Subdivision Map Act, 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 the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
D. Appeal: The decision of the designated approving authority may be appealed as provided in subsection 10.04.040.E, “Appeals”, of this Title.
10.10.060 Withdrawal of Tentative Map.
Requests for withdrawal of any application for tentative map shall be submitted to the planning director in writing unless made at a public hearing on the tentative map.
10.10.070 Resubmittal of Application.
No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map that has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter.
10.10.080 Tentative Map Revision or Amendment.
A. Revisions or Amendments Generally: Unless deemed by the city engineer to be in substantial compliance with the approved tentative map, any request to revise or amend an approved or conditionally approved tentative map shall be deemed an application for a new tentative map.
Such new tentative map shall be processed in conformance with the requirements of this Chapter in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps.
B. Amendment of Conditions of Approval: A subdivider may apply for a revision or amendment to the conditions of approval for a conditionally approved tentative map, provided there is no proposed change to the layout or design of the subdivision or modifications in the proposed lot sizes. Modification of the conditions on a conditionally approved tentative map shall not extend the time limits imposed by this Title or the Subdivision Map Act.
10.10.090 Expiration of Tentative Map Approval.
A. Initial Life: Except as provided in Section 10.10.100, “Time Extension”, the approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the designated approving authority. This 24-month period shall be referred to as the “initial life”.
B. Effect of Expiration: Expiration of an approved or conditionally approved tentative map (including any extensions) shall terminate all proceedings, and no final map of all or any portion of real property included within the tentative map shall be filed without first processing a new tentative map application.
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10.10.100 Time Extension.
The initial life of an approved or conditionally approved tentative map may be extended in any of the following ways, or as otherwise provided by the Subdivision Map Act:
A. Discretionary Extension: Prior to the expiration of an approved or conditionally approved tentative map, the subdivider may file a written application for an extension of the expiration date. The process for submission, review, and consideration of the request for extension shall be as follows:
1. The application shall be filed with the planning director. The application shall include the following information:
a. A completed application form, of which the blank form shall be provided by the planning department.
b. Tentative map number and county tract number of the subject subdivision and/or other unique information used to reference the approved tentative map. c. Requested period of extension.
d. Reasons for seeking extension, including facts showing why the requirements for recording a final map cannot be completed within the period provided. e. A description of all efforts made to date to record the final map and the current status of the project.
f. A description of what remains to be done to record the final map and what steps the subdivider proposes to complete the required subdivision improvements.
2. Upon receipt of this application, the approval of the tentative map shall automatically be extended for 60 days or until the application for the extension is approved or denied, whichever occurs first.
3. The designated approving authority for requests for extension of a tentative map shall be the planning commission. In accordance with the Subdivision Map Act and case law, the designated approving authority may not impose additional conditions on the tentative map as part of the approval of a discretionary extension. However, the designated approving authority may add or amend conditions based on any changed circumstances or new city policies with the consent of the applicant.
4. The process for review and processing the request for extension shall be the same as provided in Section 10.10.050, “Tentative Map Process And Procedures”.
5. The tentative map may be extended for a period or periods not exceeding a total of six (6) years as provided in Section 66452.6 of the Subdivision Map Act.
6. The designated approving authority shall deny the request for extension if the approving authority makes a finding that the granting of the extension will create a negative impact to public health, safety, or welfare.
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7. If the designated approving authority denies a subdivider’s application for an extension, the subdivider may appeal the decision within fifteen (15) days in accordance with the provisions of subsection 10.04.040.E, “Appeals”, of this Title.
B. Filing of Multiple (Phased) Final Maps: If multiple final maps are to be filed for the subdivision pursuant to the Subdivision Map Act, and if the subdivider is required to spend more than two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) or any greater amount pursuant to Section 66452.6 of the Subdivision Map Act, to construct, improve, or finance (e.g., payment of impact fees) the construction of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights of way which abut the property to be subdivided and which are reasonably related to the development of the property, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map by forty-eight (48) months from the date of its expiration, or the date of the previously filed (recorded) final map, whichever is later but in no event more than ten (10) years from such approval or conditional approval.
As provided in Section 66452.6(a)(3), “public improvement” shall include traffic controls, streets, roads, highways, freeways, bridges, overcrossing, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Examples include, but are not limited to, roadway improvement projects that are conditioned as part of project approval but do not occur within the boundaries or along the perimeter of the project.
C. Development Agreement: In accordance with Section 66452.6(a)(1) of the Subdivision Map Act, a tentative map on a property subject to a statutory development agreement between the city and the subdivider (or any successor in interest) may extend the life of the tentative map for a period of time as specified in the development agreement, which period shall not exceed the term of the development agreement itself.
D. Development Moratorium: In accordance with Section 66452.6(b)(1) of the Subdivision Map Act, the initial life of an approved or conditionally approved tentative map shall not include any time during which a development moratorium, imposed after approval or conditional approval of the tentative map, is in effect. However, the length of the moratorium will not exceed five (5) years.
E. Litigation: In accordance with Section 66452.6(c) of the Subdivision Map Act, upon approval by the city, a pending lawsuit involving the approval or conditional approval of a tentative map shall stay the life of a tentative map for up to five (5) years. The subdivider may submit an application to the city requesting the stay. The procedures for considering and taking action upon the request for the stay shall be as provided in subsection A, “Discretionary Extension”, of this Section. The city shall take action on the request to deny the stay within forty (40) days of receipt of the subdivider’s application. The city shall not impose conditions upon the approval of a request for stay.
F. Special Legislative Extensions: On occasion, the California legislature has adopted statutory extensions to tentative maps. Examples include, but are not limited to, the following specific references. Any additional extensions that are adopted by the legislature in the future are hereby incorporated into this ordinance by reference. The city shall honor any applicable extension provided by the legislature.
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1. Section 66452.21 of the Subdivision Map Act, providing a twelve (12) month extension to all tentative maps that have not expired as of July 15, 2008, and would expire before January 1, 2011.
2. Section 66452.22 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that have not expired as of July 15, 2009, and would expire before January 1, 2012.
3. Section 66452.23 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that have not expired as of July 15, 2011, and would expire before January 1, 2014. (Ord. 2012-01, 4-17-2012)
4. Section 66452.24 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2000, and would expire before July 11, 2013.
5. Section 66452.25 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2002, and not later than July 11, 2013, and would expire October 10, 2015.
6. Section 66452.26 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2006, and not later than July 11, 2013, and would expire on January 1, 2021.
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Chapter 10.12
VESTING TENTATIVE MAPS
Sections:
10.12.010 Purpose.
10.12.020 Right to File a Vesting Tentative Map.
10.12.030 Application for Vesting Tentative Map.
10.12.040 Processing and Approving Authority.
10.12.050 Development Rights Upon Approval.
10.12.060 Filing and Processing of Final Vesting Map.
10.12.070 Administration of Vested Rights.
10.12.010 Purpose.
The purpose of this Chapter is to establish the procedures for the submission, review, and action by the city of vesting tentative maps. These provisions supplement the standard of the Subdivision Map Act. The intent of vesting tentative maps is to provide greater protection earlier in the development process by “locking in place” the ordinances, policies, and standards of the city at the time the application is deemed complete.
10.12.020 Right to File a Vesting Tentative Map.
Whenever a provision of the Subdivision Map Act or this Title requires the filing of a tentative map (e.g., a tentative subdivision map, tentative parcel map), a vesting tentative map may instead be filed. Such vesting tentative map shall be in accordance with the provisions of this Chapter. If a subdivider does not seek the rights 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.
10.12.030 Application for Vesting Tentative Map.
This Section describes the required content and process for filing a vesting tentative map.
A. Form and Content Consistent with Tentative Map Requirement: A vesting tentative map shall be filed in the same form and have the same content as required by this title for tentative maps.
The application shall be filed in the same manner as tentative maps.
B. Titled Vesting Tentative Map: At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map”.
C. Additional Submittal Requirements: At the time a vesting tentative subdivision map is filed, the subdivider shall also supply the following information to the city:
1. Plans and studies for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards and September 26, 2024 Pg. 413
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approved by the city engineer, including, but not limited to, sewer, water, storm drainage, dry utilities (e.g., electrical, gas, and roads).
2. Plans for all site development, including, but not limited to, grading, drainage facilities, and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the city engineer.
3. Geological studies in such form as acceptable to the city engineer and the building official, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location.
4. Specific information on the uses to which the proposed buildings will be put.
5. The height, size, and location of all buildings, building setbacks, number of stories, and driveway locations.
6. Architectural plans satisfactory for review by the city, including site plans, floor plans, exterior elevations, and other information necessary for building permit plan checks.
7. Landscape plans, including planting and irrigation details, and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the city.
8. Traffic reports and analysis, in a form approved by the city engineer, if required.
9. Acoustical report, prepared by a licensed engineer in a form acceptable to the city, if in an area anticipated to be greater than sixty-five decibels (65 dB) CNEL.
10. Flood control information and statements showing compliance with flood hazard regulations.
11. Such other exhibits, studies, and information that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map.
D. Other Land Use Permits: If other discretionary land use approvals are required in connection with development under the vesting tentative map, the subdivider shall process them concurrently with the filing of the vesting tentative map and final action shall be taken by the highest level designated approving authority for all such requested permits. For purposes of this Section, “discretionary land use approvals” shall include, but not be limited to, general plan amendments, zone district amendments, conditional use permits, and variances.
10.12.040 Processing and Approving Authority.
The processing of a vesting tentative map shall be the same as provided in this title for tentative maps. The designated approving authority for vesting tentative maps shall be the planning commission. Review and action on a vesting tentative map shall be limited to those ordinances, policies, and standards in effect at the date the city has determined the application to be complete.
10.12.050 Development Rights Upon Approval.
A. Generally: The approval of a vesting tentative map by the city shall confer a vested right to apply for permits needed to proceed with development and have the city exercise its discretion September 26, 2024 Pg. 414
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to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to Section 65943 of the Government Code.
B. Disclaimers:
1. This Chapter does not enlarge, diminish, or alter the power of the city to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.
2. Nothing in this Chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any state or federal laws, regulations, or policies.
3. In the event that Section 66474.2 of the Subdivision Map Act is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.
4. Notwithstanding this Chapter, the City may condition or deny a permit, extension, or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following:
a. 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. b. The condition or denial is required in order to comply with state or federal law.
10.12.060 Filing and Processing of Final Vesting Map.
A final vesting map shall be filed and processed in the same manner, form, and content, and shall be subject to the same fees prescribed for final maps and parcel maps as required by this Title. The “initial life” for vesting tentative maps shall be the same as for tentative maps as provided in this Title, and the life of a vesting tentative map may be extended as provided by this Title.
10.12.070 Administration of Vested Rights.
A. Concurrent Approvals: Approval of a vesting tentative map applies only to actions considered and approved by the designated approving authority. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof.
B. Initial Life of Vested Rights: The rights conferred by a vesting tentative map as provided by this Chapter shall last for an initial period of one year after recording of the final map. This period may be extended as provided below.
C. Extension of Vested Rights Through Recording of a Final Map: Where several final maps or final parcel maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map or final September 26, 2024 Pg. 415
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parcel map for that phase is recorded. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial vesting period shall begin for each phase on the date the final map for that phase is recorded.
D. Extension of Vested Rights Through Period For Subsequent Approvals: The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review if the time used by the local agency to process the application exceeds thirty (30) days from the date that a complete application is filed.
E. Extension of Vested Rights By Moratorium Or Stay: Vesting rights shall automatically be extended at any time during which a development moratorium or stay on the project is in effect.
F. Automatic Extension of Vested Rights: Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review if the time used by the city exceeds thirty (30) days from the date a complete application is filed.
G. Extension of Vested Rights Through Building Permit: If the subdivider submits a complete application for a building permit during the periods of time specified above, the rights conferred by this Chapter shall continue until the expiration of that permit or any extension of that permit granted by the City.
H. Termination of Vested Rights: Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:
1. A final map is not recorded within the initial life of the vesting tentative map unless a longer period is provided by state law or an extension is granted as provided by this Chapter.
2. If a final map is recorded, the vesting rights shall end one year after the date of final map recordation as provided in subsection B of this Section.
3. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid.
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Chapter 10.14
FINAL MAPS AND PARCEL MAPS
Sections:
10.14.010 Purpose.
10.14.020 Timing.
10.14.030 Preparation and Form of Final Map or Parcel Map.
10.14.040 Certificates and Statements of Final Map or Parcel Map.
10.14.050 Survey of Final Map or Parcel Map.
10.14.060 Filing of Final Map or Parcel Map.
10.14.070 City Engineer’s Review.
10.14.080 Planning Director’s Review.
10.14.090 Approval of Final Map or Parcel Map, Execution of Subdivision Agreement, and Acceptance of Dedication.
10.14.100 Multiple Final Maps or Parcel Maps.
10.14.110 Separate Dedications.
10.14.120 Waiver of Parcel Map.
10.14.010 Purpose.
The purpose of this Chapter is to establish the process for preparing, reviewing, and approving final maps and parcel maps.
10.14.020 Timing.
Within 24 months of the date of approval or conditional approval of the tentative map, or within any further time period for which an extension has been granted or made as a matter of law, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map or parcel map to be prepared and recorded in accordance with the provisions of this Title and the Subdivision Map Act.
10.14.030 Preparation and Form of Final Map or Parcel Map.
A. Preparation of Final Map or Parcel Map: The final map or parcel map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying, shall be based upon a survey, in the manner required by this Chapter and the Subdivision Map Act.
Three (3) draft copies shall be submitted to the city for review by the planning director, public works director, and city engineer for their accuracy prior to calling for final mylar versions for recording.
B. Final Map or Parcel Map Description and Contents:
1. Description:
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a. The final map or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on mylar. Certificates, affidavits, and acknowledgments may be legibly stamped or printed on 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.
b. The size of each sheet shall be 18 inches by 26 inches or 460 millimeters by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch or 25 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of each 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. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication, and seals required by law and by this Chapter shall appear on the first sheet and may be combined where appropriate.
2. Information Required:
a. Index and Location Map:
(1) If more than two (2) sheets are used to show the actual layout of the streets and lots, an index map shall be used showing the relationship of the sheets. (2) A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision. b. Subdivision Name; Exterior Boundaries: The subdivision name, if one is used, and the tract number shall conspicuously appear on each sheet of the final map or parcel map.
On the first sheet, there shall be a full legal description of the exterior boundaries of the area subdivided and an abbreviated legal description shall be shown below the name of the final map or parcel map. The exterior boundary of the land to be divided shall be indicated by a border one-eighth (1/8) of an inch in width. c. Lots And Blocks: Each lot shall be numbered or lettered consecutively beginning with lot number 1; except that when the final map or parcel map is an additional phase of an existing subdivision, the lot numbers shall commence with the next number higher than in the preceding phase. The area of each lot shall be shown on the final map or parcel map.
Blocks, if used, shall be consecutively lettered or numbered. Each block and each parcel shall be shown completely on one sheet.
d. Public Dedications: The final map or parcel map shall show the width, location, and proper reference to record information shall be stated and named without abbreviation or other sufficient designation of the following:
(1) New streets.
(2) Public areas and easements.
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(3) Adjoining streets.
(4) All other existing streets, easements, rights of way, and other real property interests to be dedicated for public purposes.
e. Technical Information:
(1) The dimensions of all lot lines, subdivision perimeter, and centerline of streets shall be in feet and decimals thereof to the nearest one-hundredth (1/100) of a foot and bearings to the nearest second. If a course is a curve, the radius, length of curve or bearing and length of chord, and central angle shall be shown. If the ends of a curve are not tangent to the preceding or following courses and the chord along with its bearing and length are not shown, the radial of the end of the curve, with its bearing, shall be shown.
(2) All required information shall be shown in full for all portions of the map. No ditto marks shall be used with respect to any required information. (3) The width of each street right of way shall be shown indicating the widths on each side of the centerline. If additional right of way for an existing street is offered for dedication, the original right of way and the additional right of way width offered for dedication shall be shown along with the total width of the new right of way. f. Record of Easements: The final map or parcel map shall show the location, width, and sidelines of all easements to which the lots are subject. Easements for storm drains, sewers, and other purposes shall be denoted by broken lines. Each easement shall be clearly labeled and identified, and if already of record, proper reference to the record information shall be stated. Easements being offered for dedication shall be indicated in the statement of dedication.
g. Abandonment of Public Streets and Easements: The final map or parcel map shall adequately delineate any public streets or public easements to be left in effect after the subdivision. The filing of the final map or parcel map shall constitute abandonment of all public streets and public easements not shown on the final map or parcel map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the city clerk. Before a public easement vested in another public entity may be abandoned pursuant to this subsection, the city shall notify that public entity of the proposed abandonment. The city shall submit with the final map or parcel map written verification that the public entity has received the notice. No public easement vested in another public entity shall be abandoned pursuant to this subsection if that public entity objects to the proposed abandonment. Off-site abandonments shall follow the procedures for abandonment established in Chapter 3 of Division 9 of the Streets And Highways Code, commencing with Section 8320.
10.14.040 Certificates and Statements on Final Map or Parcel Map.
The title sheet of the final map or parcel map shall contain those certificates required by the Subdivision Map Act. It shall also contain any other certificates and statements as outlined below.
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A. Owner’s Statement: Subject to Section 66436 of the Subdivision Map Act, a statement signed by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and dedication to the public, subject to Section 66439(d), of specific parcels or easements in a format determined by the City Engineer or City Surveyor and the Planning Director.
B. Engineer’s or Surveyor’s Statement: A statement signed by the engineer or surveyor responsible for preparation of the final map or parcel map, as provided in Section 66441 of the Subdivision Map Act in a format determined by the City Engineer or City Surveyor and the Planning Director.
C. City Engineer’s and City Surveyor’s Statements: A statement, signed and sealed by the city engineer and city surveyor (as required by Section 66442 of the Subdivision Map Act), that the map was examined by him and the subdivision as shown is substantially the same as it appeared on the approved tentative map and, if required, any approved alterations thereof, and that all the provisions of the Subdivision Map Act and any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct, in a format determined by the City Engineer or City Surveyor and the Planning Director.
D. Tax Collector’s Statement: A statement signed by the county tax collector, stating that all due taxes and special assessments collected as taxes have been paid or that a bond or other security assuring the payment of all taxes or special assessments collected as taxes which are liens but are not yet payable, has been filed with the county, in a format determined by the City Engineer or City Surveyor and the Planning Director.
E. Approving Authority’s Statement: A statement signed by the secretary or clerk of the designated approving authority, indicating the date of the meeting on which the tentative map was approved and a reference to the resolution approving the tentative map, in a format determined by the City Engineer or City Surveyor and the Planning Director.
F. City Clerk’s Statement: If any real property is offered for dedication for public use on the final map or parcel map or by a separate instrument, a statement signed by the city clerk shall be provided on the final map or parcel map stating that the city council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, in a format determined by the City Engineer or City Surveyor and the Planning Director.
G. Recorder’s Certificate: The following certificate shall be located in the lower right corner of the first certificate sheet and shall be completed by the county recorder upon recordation of the final map or parcel map in a format determined by the City Engineer or City Surveyor and the Planning Director.
H. Restrictions Statement: Any previously existing nonstandard easements or documents that restrict the use of the land recorded previously or concurrently with the map must be listed in the restrictions section of the cover page with recording date, document number, and county of record. Pursuant to Section 66411.1 of the Subdivision Map Act, any requirements for the construction of off-site and on-site improvements shall be noticed on the face of the map.
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I. Owners of Interest Statement: If necessary, a statement shall be included on final maps and parcel maps if the owners will not have an interest that may ripen into a fee title in a format determined by the City Engineer or City Surveyor and the Planning Director.
J. Notary Public Certificate: Where certificates or statements required by this Section or the Subdivision Map Act require a notary public certificate per Civil Code 1189, the following certificate shall be used in a format determined by the City Engineer or City Surveyor and the Planning Director.
10.14.050 Survey of Final Map or Parcel Map.
A complete and accurate survey of the land to be subdivided shall be made by a licensed land surveyor or registered civil engineer authorized to practice land surveying in accordance with the provisions of Chapter 10.32, “Survey and Monuments”, of this Title.
10.14.060 Filing of Final Map or Parcel Map
The subdivider shall cause all certificates and statements to be executed except those to be executed by the city engineer, city surveyor, city clerk, planning commission, tax collector, and county recorder, and shall file the following with the planning director:
A. Four (4) copies of the final map or parcel map, each conforming to the requirements of Section
10.14.030, “Preparation And Form of Final Map Or Parcel Map”, of this Title.
B. Copy of approved tentative map and conditions of approval.
C. Closure calculations and other survey information.
D. A current preliminary title report pertaining to the real property proposed to be subdivided.
The title report shall be dated not more than ninety (90) days prior to the submittal of the final map or parcel map application.
E. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication.
F. Copies of record maps and record documents used as reference map submitted.
G. Draft copies of any off-site easements or rights of way required.
H. Improvement plans, and engineer’s cost estimate for such, when applicable as outlined in Section 10.36.020, “Improvement Requirements And Plans”, of this Title.
I. The application review fee as established by resolution of the city council.
10.14.070 City Engineer’s Review.
Upon submittal of the final map or parcel map and accompanying documents, offers of dedication, offers of deed, offers of easement, fees, and materials for filing, the city engineer shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications, and provisions made or required by the designated approving authority, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these September 26, 2024 Pg. 421
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regulations, planned street lines, and other applicable specific plans and ordinance, shall forward the same to the planning director for review and further action.
Should the map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the city engineer, does not materially affect the validity of the map, the city engineer may waive the defect and forward it to the city council.
The city engineer may recommend against approval of the recording a portion of a final map or parcel map when, in the process of checking the final map or parcel map, he determines that said portion does not by itself provide adequate or satisfactory access, design, or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map, if applicable.
10.14.080 Planning Director’s Review.
The planning director shall review the final map or parcel map to determine its compliance with the approved tentative map and the conditions of approval imposed by the designated approving authority. If the director determines that the final map or parcel map is in compliance with the approved tentative map, that all conditions of approval have been met or performed, and that the final map or parcel map has been recommended for approval by the city engineer, the director shall present it to the council with his or her recommendation. If a subdivision improvement agreement is proposed, it shall be presented to the council in the same meeting as the final map or parcel map.
10.14.090 Approval of Final Map or Parcel Map, Execution of Subdivision Agreement, and Acceptance of Dedication.
A. Generally: The city engineer shall execute the city engineer’s certificate on the final map or parcel map before forwarding it to the city council for their acceptance.
The city council shall consider the final map or parcel map and any associated offers of dedication, deed, and easement at the meeting at which it receives the final map or parcel map or at its next regular meeting after the meeting at which it receives the final map or parcel map.
The city council shall review the final map or parcel map and approve it if it conforms to the approved or conditionally approved tentative map and if all requirements and conditions imposed on the subdivision pursuant to this Title or the Subdivision Map Act have been met or performed. If the final map or parcel map does not conform, the city council shall disapprove the map. The city council shall also accept, accept subject to improvement, or reject any or all offers of dedication in conformance with the approvals for the tentative map and the provisions of this Title and the Subdivision Map Act.
If improvements required under the terms of this Title or as a condition of approval have not been completed, the city council shall provide for such improvements by approving a subdivision improvement agreement. No final map or parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with Chapter
10.36, “Improvements”, of this Title, and appropriate surety has been provided to the satisfaction of the city. The city manager is authorized to execute subdivision improvement September 26, 2024 Pg. 422
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agreements, as permitted by Section 66462(d) of the Subdivision Map Act, in accordance with the city’s standard subdivision agreement.
No public hearing shall be required, and no public notice shall be required for review, consideration, and action by the city council on a final map or parcel map, offers of dedication, deed, easement, or improvement agreement.
As permitted by Section 66458(d) of the Subdivision Map Act, the city may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map.
B. Determinations for Condominium Conversions: No final map or final parcel map for a condominium conversion shall be approved unless all the following determinations are made:
1. Each existing tenant has received notification of intent to convert, pursuant to subsection
10.10.040.D of this Title and Section 66452.9 of the Subdivision Map Act, at least 60 days prior to the filing of the tentative map or tentative parcel map.
2. Each existing tenant and each person applying for rental of a unit in the project has or will have, received all applicable notices and rights required by Chapter 2 or 3 of the Subdivision Map Act.
3. Each tenant has or will have received 10 days’ written notice that an application for a public report will be, or has been, submitted to the California department of real estate and that such report will be available on request.
4. Each tenant of the proposed condominium conversion has been or will be, given written notification within 10 days of approval of a final map.
5. Each tenant has been or will be, given at least 180 days’ written notice of intention to convert before tenancy is terminated due to the conversion or proposed conversion.
6. Each tenant has been or will be, given notice of an exclusive right, pursuant to Section 66427.1(d) of the Subdivision Map Act, to contract for the purchase of such tenant’s unit on the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant.
10.14.100 Multiple Final Maps or Parcel Maps.
Multiple final maps or parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: a) the subdivider, at the time the tentative map is filed, informs the planning director of the subdivider’s intention to file multiple final maps or parcel maps on such tentative map, or b) after filing of the tentative map, the city and the subdivider concur in the filing of multiple final maps or parcel maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps or parcel maps.
The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. Each final map or parcel map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision phase number. Unless specific timing thresholds are set forth in the September 26, 2024 Pg. 423
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conditions of approval, the city engineer and planning director shall determine the improvements required and conditions that must be satisfied in conjunction with a given final map or parcel map phase to ensure a logical and orderly development of the whole subdivision. The subdivision improvement agreement executed by the subdivider for that map phase shall provide for the design and construction of all such required improvements.
10.14.110 Separate Dedications.
When completed outside of a dedication on a map, dedications may be required to be made by separate instrument with fees paid to cover the cost of processing. After receiving the instrument of dedication and accompanying title report, the city engineer shall approve or disapprove the instrument of dedication as to its suitability for recordation, specifically including a cover sheet, legal description, and map in eight-and-one-half-inch by eleven-inch (81/2” x 11”) format. After approving an offer to dedicate, the city engineer shall notify the planning director to request original signed and notarized document(s) with the applicant’s land surveyor’s or registered civil engineer authorized to practice land surveying original seal.
Offer of dedication shall be brought to the city council for consideration of acceptance or acknowledgment for later acceptance.
10.14.120 Waiver of Parcel Map
Where a parcel map is required by the Subdivision Map Act or this Title, but the subdivider seeks to waive this requirement, the following procedures shall apply:
A. Waiver of Parcel Maps Generally: The planning director shall be the designated approving authority for the waiver of the requirements for the recordation of a parcel map. Such a waiver may be provided in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident, or where each of the lots has a gross acreage of forty (40) acres or more or each of which is a quarter-quarter section or larger. The designated approving authority may grant the waiver and will issue a certificate of compliance if:
1. The subdivider files an application with the planning director, including any fees required, verifying the existence of monumentation in the installation of street improvements.
2. The application contains a legal description for each of the lots to be created.
3. The designated approving authority finds 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 this title.
B. Waiver of Parcel Maps for Condominiums:
1. The planning director may waive the requirements for a final parcel map imposed by the Subdivision Map Act for the construction of a condominium project on a single lawful parcel.
2. The procedure for determining whether such a waiver for a condominium is appropriate shall be initiated by an application for waiver filed with the planning director.
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3. The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project.
4. The designated approving authority shall make a determination on the waiver request after review and recommendation by the public works director and city engineer.
5. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council, which shall make the final determination on the application.
6. No applications for a waiver of the requirement for a tentative or parcel map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and this ordinance 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 and this ordinance.
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Chapter 10.16
LOT LINE ADJUSTMENTS
Sections:
10.16.010 Purpose.
10.16.020 General Provisions.
10.16.030 Process for Reviewing Lot Line Adjustments.
10.16.040 Appeals.
10.16.050 Recording.
10.16.060 Record of Survey.
10.16.010 Purpose.
The purpose of this Chapter is to establish the procedures for application, processing, and deciding applications for lot line adjustments between four (4) or fewer existing, adjoining parcels and where a greater number of parcels than originally existed is not being created.
10.16.020 General Provisions.
The designated approving authority for lot line adjustments shall be the planning director. The procedure provided by this Chapter is an alternative to the procedures provided by Chapter 10.10, “Tentative Maps”, and Chapter 10.14, “Final Maps And Parcel Maps”, of this Title. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map, or a parcel map for any lot line adjustment.
10.16.030 Process for Reviewing Lot Line Adjustments.
A. Application: An application for a lot line adjustment may be made by owner(s) of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department and shall include the following information, materials, and documents to the satisfaction of the city:
1. A completed application form, of which the blank form shall be provided by the planning department.
2. A preliminary title report dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
3. A filing fee as established by resolution of the city council.
4. The legal descriptions of the original parcels, with a title as Exhibit A, Lot Line Adjustment No. 20xx-xx, Existing Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s September 26, 2024 Pg. 426
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Act, Section 8761; Upon filing the application the planning department will assign the application a Lot Line Adjustment number.
5. The legal descriptions of the proposed parcels, with a title as Exhibit B, Lot Line Adjustment No. 20xx-xx, Adjusted Legal Descriptions on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act Section 8761.
6. One (1) copy of a map, legibly drawn on a sheet(s) eight and one half (8½) inches by 11 inches, with a title as Exhibit C, Lot Line Adjustment No. 202x-xx. The map exhibit shall contain all of the following:
a. An Owner’s Statement signed by all parties having record title interest in the land, consenting to the preparation and recordation of the map in a format determined by the City Engineer or City Surveyor and the Planning Director. b. If the property is held in a trust, this statement must be signed by the trustee(s) of the trust. Include the name of the trust and call out the individuals signing the statement as trustees.
c. If the property is held by a corporation or LLC, call out the name of the corporation or LLC and the state of incorporation, and include the title(s) of the person(s) authorized to sign the map.
d. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions. e. The proposed boundary lines with dimensions and curve radii of the proposed parcels. f. Each parcel identified with a letter, assessor parcel number, deed document number, and area of each existing parcel (Existing Parcel A, Existing Parcel B, etc.). g. Each parcel identified with a letter and area of each proposed parcel (Adjusted Parcel A, Adjusted Parcel B, etc.).
h. Identification, location, and dimensions of all existing and proposed improvements. i. The names, widths, and locations of the existing and proposed public and private streets. j. The location, width, purpose, and owners of existing easements or rights of way and all easements located to the boundary, if applicable.
k. The date of application, the north arrow, scale of drawing, assessor’s parcel number(s) of the area to be adjusted, and a legend, if applicable. l. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels.
m.The location and width of watercourses and areas potentially subject to flooding, and methods of floodwater drainage control.
n. The location of existing wells and septic systems.
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o. The location of structures, irrigation ditches, and railroad rights of way, if any. p. The location and width of proposed building setbacks. q. A small-scale vicinity map portraying and orienting the boundaries of the proposed lot line adjustment with respect to surrounding areas and roads. r. The existing use and existing zoning designation of the property. s. The proposed use and proposed zoning designation of the property. t. The method of sewage disposal, storm drainage, and source of water. u. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be adjusted. The general description of trees and shrubs should include an indication as to their size (diameter) and type if known. v. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
7. Submit perfecting deed for review and after acceptance, that will record when the Lot Line Adjustment is approved.
B. Application Review: Applications for lot line adjustments shall be reviewed as provided in subsections 10.04.040.B, “Determination of Completeness”, and 10.04.040.C, “Application Review And Report”, of this Title.
C. Timely Processing: Applications for lot line adjustments shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process the lot line adjustment.
D. Decision by the Approving Authority: A decision on the application for lot line adjustment shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this Title and the Subdivision Map Act.
E. Conditions of Approval: In deciding applications for lot line adjustments, the designated approving authority may impose conditions on the approval of the application. In accordance with Section 66412(d) of the Subdivision Map Act, the conditions imposed shall be limited to:
1. Ensuring conformity to the city’s general plan, any applicable specific plan, the zoning ordinance, and the city’s adopted building code.
2. Requiring the prepayment of real property taxes.
3. The relocation of existing utilities, infrastructure, or easements.
F. Findings: The designated approving authority shall approve a lot line adjustment sought pursuant to this article if the designated approving authority finds:
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1. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record.
2. That the lot line adjustment will not result in the elimination or reduction in size of the accessway to any resulting parcel, or that the application is accompanied by new easements to provide access that meet all the city requirements regarding access to parcels in the location and of the size as those proposed to be created.
3. That the resulting parcels conform to the requirements of the city’s general plan, any applicable specific plan, the city’s adopted building code, and the city’s zoning ordinance.
10.16.040 Appeals.
The applicant or any interested person adversely affected by any action of the designated approving authority on a lot line adjustment may, within 10 days after the decision, appeal the decision consistent with subsection 10.04.040.E, “Appeals”.
10.16.050 Recording.
Pursuant to Section 66412(d) of the Subdivision Map Act, the lot line adjustment shall be reflected in a perfecting deed. The perfecting deed shall be in a form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the perfecting deed complies with the approved lot line adjustment. The approved perfecting deed shall thereafter be forwarded by the planning department to the county recorder’s office for recording. The planning department shall issue a certificate of compliance to be issued and signed by the City Planner and the City Surveyor; thereafter be forwarded by the planning department to the county recorder’s office for recording. The applicant shall pay all recording fees.
10.16.060 Record of Survey.
If a field survey was conducted or if monuments are set at the new parcel lines, a record of survey shall be required pursuant per the Professional Land Surveyor’s Act, Section 8762 of the Business and Professions Code, unless the boundary is monumented as part of a land division with a recorded map.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 44 June 2023
Chapter 10.18
VOLUNTARY PARCEL MERGER
Sections:
10.18.010 Purpose.
10.18.020 Voluntary Parcel Merger Authorized.
10.18.030 Process for Reviewing a Voluntary Parcel Merger.
10.18.040 Appeals.
10.18.050 Recording.
10.18.010 Purpose.
The purpose of this Chapter is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to Section 66451.10/11 of the Subdivision Map Act.
The procedure provided by this article is an alternative to the procedures provided by Chapter
10.10, “Tentative Maps” and Chapter 10.14, “Final Maps And Parcel Maps”, of this Title. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map and a final map or parcel map for any merger.
10.18.020 Voluntary Parcel Merger Authorized.
Pursuant to Section 66451.10/11 of the Subdivision Map Act, the planning commission is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this Chapter. The city clerk shall cause an instrument to be recorded as evidence of a merger approved under this Chapter.
10.18.030 Process for Reviewing a Voluntary Parcel Merger.
A. Application: An application for a merger pursuant to this Chapter may be made by owners of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department and shall include the following information, materials, and documents to the satisfaction of the city:
1. A completed application form, of which the blank form shall be provided by the planning department.
2. A filing fee as established by resolution of the city council.
3. A preliminary title report that is shall be current and dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
4. Upon filing the application, the planning department will assign the application a Voluntary Parcel Merger number.
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5. The legal descriptions of the existing parcels, add title as Exhibit A, Voluntary Parcel Merger No. 20xx-xx, Existing Legal Descriptions on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
6. The legal description of the merged parcel, add title as Exhibit B, Voluntary Parcel Merger No. 20xx-xx, Merged Parcel Legal Description on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
7. One (1) copy of a map, legibly drawn on a sheet(s)eight and a half inches by eleven inches (8 1/2” x 11”), that includes all of the following information:
a. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions. b. The proposed merged boundary lines with dimensions and curve radii and area of the merged parcel.
c. Each existing parcel identified with a letter, assessor parcel number, deed document number, and area of each parcel.
d. The names, widths, and locations of the existing public and private streets. e. The location, width, purpose, and owners of existing easements or rights of way with all easements located to boundary, if applicable.
f. The north arrow, scale of drawing, and a legend.
g. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels.
h. The location of building structures with ties to the merged parcel boundary. i. A small-scale vicinity map portraying and orienting the boundaries of the voluntary parcel merger boundary with respect to surrounding areas and roads. j. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
8. Applicant to submit perfecting deed with application for review and after acceptance, that will record when the Voluntary Parcel Merger is approved.
B. Application Review: Applications for voluntary parcel mergers shall be reviewed as provided in subsections 10.04.040.B, “Determination of Completeness”, and 10.04.040.C, “Application Review And Report”.
C. Timely Processing: Applications for voluntary parcel mergers shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure September 26, 2024 Pg. 431
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to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn.
Thereafter, a new application, including the filing fee, will be needed to process voluntary parcel merger.
D. Decision By the Approving Authority: A decision on the application for voluntary parcel merger shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this Title and the Subdivision Map Act.
E. Findings: The designated approving authority shall not approve any Voluntary Parcel Merger pursuant to this Chapter unless it makes all of the following findings:
1. That all required street, access, and utility easements are in place.
2. That the resulting parcel conforms to the requirements of the City of Avenal Subdivision Ordinance, the City of Avenal General Plan, any applicable specific plan, the City of Avenal Zoning Ordinance, and the City’s Building Code.
10.18.040 Appeals.
The applicant or any interested person adversely affected by any action of the designated approving authority on a merger may, within 10 days after the decision, appeal the decision consistent with subsection 10.04.040.E, “Appeals”.
10.18.050 Recording.
The merger of contiguous parcels under common ownership shall be recorded in a Notice of Voluntary Merger form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the final documentation complies with the approved merger.
The perfecting deed shall be submitted to the planning department for a determination that the final documentation complies with the approved merger. The approved final documentation shall thereafter be forwarded by the planning department to the county recorder’s office for recording.
The applicant shall pay all recording fees.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 47 June 2023
Chapter 10.20
REVERSIONS
Sections:
10.20.010 Purpose.
10.20.020 Initiation of Reversion Proceedings.
10.20.030 Review of Petition.
10.20.040 Findings of Reversion.
10.20.050 Conditions for Reversion
10.20.060 Filing with County Recorder.
10.20.070 Merging and Resubdividing without Reversion.
10.20.080 Requirements for Parcel Mergers and Unmergers.
10.20.010 Purpose.
The purpose of this Chapter is to describe how subdivided property may be reverted to acreage and merged and unmerged, pursuant to the provisions of the Subdivision Map Act.
10.20.020 Initiation of Reversion Proceedings.
Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the real property or by the city council on its own motion.
A. By Owners: In the case of initiation by the owners, the petition shall be submitted to the planning division and shall contain the following information:
1. Evidence of title to the real property within the subdivision.
2. A final map or parcel map consistent with the requirements of Chapter 10.14, “Final Maps And Parcel Maps”, of this Title, and which delineates dedications that 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”.
3. Such other additional data as required by the city.
4. Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the city council.
B. By City Council: The city council may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings.
10.20.030 Review of Petition.
The notice, hearing, and procedural requirements for review of a tentative map requiring city council approval shall be followed in connection with the review of a proposed reversion to September 26, 2024 Pg. 433
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acreage, provided that, upon the conclusion of the hearing before the city council, the city council may approve the reversion to acreage and take final action on the final map or parcel map.
10.20.040 Findings of Reversion.
Subdivided property may be reverted to acreage only if the city council finds that:
A. Dedications or offers of dedication to be vacated or abandoned by the reversions 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.
2. None of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
3. No lots shown on the final map or parcel map have been sold within five (5) years from the date such map was filed for record.
10.20.050 Conditions for Reversion.
The city council may require the following as conditions of the reversion:
A. The owners dedicate or offer to dedicate streets, public rights of way, or easements.
B. 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 Title.
C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this Title or necessary to protect the public health, safety, or welfare.
10.20.060 Filing with County Recorder.
Upon approval of the reversion to acreage, the city clerk shall transmit the final map 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 or parcel map being filed for record by the county recorder.
10.20.070 Merging and Resubdividing without Reversion.
Except as provided in Chapter 10.18, “Voluntary Parcel Merger”, of this Title for merger of contiguous parcels under common ownership, subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by this Title and the Subdivision Map Act.
10.20.080 Requirements for Parcel Mergers and Unmergers.
Except as provided otherwise in this Chapter, the requirements for the merger and unmerger of parcels shall be as set forth in the Subdivision Map Act.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 49 June 2023
Chapter 10.22
URBAN LOT SPLIT PARCEL MAP
Sections:
10.22.010 Purpose and Scope.
10.22.020 Application.
10.22.030 Approval.
10.22.040 Location requirements.
10.22.050 Design and improvement requirements.
10.22.060 Access standards.
10.22.070 Map requirements.
10.22.080 Concurrent processing with other permits.
10.22.090 Prohibition of further subdivision.
10.22.010 Purpose and Scope.
A. This Chapter implements Government Code Section 66411.7 to provide an alternative method to subdivide a parcel located within a single-family residential zoning district for the purpose of housing development.
B. Urban lot split means the subdivision of an existing legal parcel within the Single-family Residential district (R-1) under Chapter 9.10 of Title 9 “Zoning Ordinance”, to create no more than two new parcels.
10.22.020 Application.
A. A completed application form, of which the blank form shall be provided by the planning department.
B. One (1) copy of the urban lot split parcel map, consistent with the requirements of Section
10.22.070 and Sections 66444 through 66450 of the Subdivision Map Act. The urban lot split parcel map must be prepared and signed by a licensed land surveyor or registered civil engineer authorized to practice land surveying.
C. A fee in an amount established by resolution of the city council must be paid concurrently with the submission of the urban lot split parcel map.
D. A preliminary title report, showing the legal owners at the time of the filing of the urban lot split parcel map, and prepared not more than 90 days prior to the submittal of the application.
E. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
F. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all September 26, 2024 Pg. 435
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acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication.
G. Closure calculations for each individual lot and overall boundary prepared by and signed by a licensed land surveyor or registered civil engineer authorized to practice land surveying.
H. A preliminary drainage plan.
I. An urban lot split affidavit, in a form provided by the planning department, signed, notarized, and submitted with the application for an urban lot split parcel map, under penalty of perjury under the laws of California, that declares all of the following:
1. The proposed urban lot split will not require or authorize demolition or alteration of any of the following types of housing:
a. A residential unit that is a deed-restricted below-market-rate residential unit. b. A residential unit that is subject to any form of rent or price control. c. A residential unit that has been occupied by a tenant in the last three (3) years. d. A residential unit on property subject to Government Code Section 7060 (Ellis Act), whereby the property owner has withdrawn the property from rent within the past 15 years.
2. The parcel was not established through any prior exercise of an urban lot split under this Chapter.
3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Chapter.
4. The owner intends to occupy one of the residential units located on a lot created by the parcel map as their principal residence for a minimum of three (3) years after the date the parcel map was recorded.
5. No residential unit on any lot created by the subdivision will be rented or offered for rent for a term of less than 30 days.
6. The uses allowed on a lot created by the parcel map will be limited to residential uses.
J. Any other information as required by standards that are published by the planning department.
10.22.030 Approval.
A parcel map for an urban lot split will be approved ministerially without discretionary review or public hearing by the City Engineer if the parcel map meets all of the requirements of this Chapter and Government Code Section 66411.7. A tentative parcel map is not required for an urban lot split.
10.22.040 Location requirements.
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A parcel proposed for subdivision under this Chapter shall meet the following location requirements to be approved:
A. The parcel is located in a single-family residential zoning district (R-1) for single-family uses.
B. The parcel is located within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
C. The parcel meets the requirements of Government Codes Section 65913.4(a)(6)(B)-(K).
D. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined by Public Resources Code Section 5020.1, or in the City Historic Resources Inventory, as designated by the City of Avenal.
10.22.050 Design and improvement requirements.
A. A parcel map may subdivide an existing legal parcel to create no more than two new lots of approximately equal lot area. Each resulting lot may not be smaller than 40% of the area of the original parcel proposed for subdivision, and neither resulting lot may be smaller than 1,200 square feet.
B. Each lot must be served by a separate water service meter and a separate sewer connection.
C. Each lot must collect and convey all stormwater entering or originating on the lot, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with applicable city standards and master plans. All storm drainage facilities must be designed and constructed in compliance with this Title and the City’s development standards.
D. The applicant shall comply with all applicable rules, regulations, and standards of the City’s National Pollutant Discharge Elimination System (NPDES) permit.
E. On-site frontage improvements, including curbs and sidewalks, and dedications for road widening shall be provided as required by the Municipal Code. No off-site frontage improvements shall be required.
F. Rights-of-way and development rights shall be dedicated or conveyed as required by the Municipal Code.
G. The placement of lot lines may not result in an accessory building on a lot without a primary building on the same lot.
H. Lot lines may not render an existing structure as nonconforming in any respect (e.g., setbacks, yard, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.
10.22.060 Access standards.
Each lot must front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
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A. Vehicle access easements serving a maximum of two residential units must have a minimum width of 12 feet unless a wider driveway is required by the California Fire Code.
B. Vehicle access easements serving three to four residential units must have a minimum width of 25 feet.
C. Vehicle access easements may not be located closer than 25 feet to an intersection.
D. If a vehicle access easement length is more than 75 feet, a vehicle turnaround must be provided.
E. The surfacing of easements and turnaround dimensions must meet the requirements of the California Fire Code and this ordinance.
10.22.070 Map requirements.
The following content and information must be shown on the urban lot split parcel map:
A. A parcel map for an urban lot split must be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying and meet all the requirements in Sections 66444 through 66450 of the Subdivision Map Act and this Title.
B. The size of each sheet shall be eighteen inches by twenty-six inches (18” x 26”) and to scale not less than 1:100 with a scale bar, north arrow, date of application, assessor’s parcel number of the area to be adjusted, and a legend, if applicable.
C. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels.
D. Title Sheet with the relevant statements and certifications for a parcel map per Section
10.14.040 of this Title.
E. A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision.
F. Total area (in acreage and square feet) of each proposed lot.
G. The bearings and distances of existing and proposed property lines.
H. Zoning district.
I. The location and use of all existing and proposed structures.
J. All required zoning setbacks for the existing and proposed lots.
K. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements.
L. The location of all proposed new water, sewer, electricity, storm drain, or gas service lines, pipes, or systems.
M. The parcel map must show all easements for public utilities necessary to serve each lot created by the subdivision.
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N. The parcel map must show all easements necessary to provide each lot with access as required by this Title.
O. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision.
P. The location of any existing trees larger than 4” in diameter measure at 4’-6” above the base and any such trees proposed for removal.
Q. Area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals.
R. Any area of the parcel that is a watercourse by delineating the flow line and top of the bank of the watercourse.
S. The name and dimensions, including right-of-way and improved area, of public and private streets adjoining the parcel.
T. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions.
U. The location of existing or proposed driveway dimensions, materials, and slope (including cross slope).
V. The location of existing or proposed pedestrian pathway access to the public right-of-way.
W. The parcel map shall contain a declaration of each of the following:
1. Each lot created by the parcel map must be used solely for residential dwellings.
2. No more than two residential dwelling units may be permitted on each lot.
3. Neither an accessory dwelling unit nor a junior accessory dwelling unit is permitted on a lot that includes two single-family dwellings.
4. No residential unit on a lot created by the parcel map may be rented or offered for rent for a term of less than 30 days.
10.22.080 Concurrent processing with other permits.
A. No development, including grading or vegetation removal, may commence on either lot, concurrent with or subsequent to an urban lot split, unless the development is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards adopted and in effect, at the time a complete application is submitted.
B. A building permit for development on a lot created by an urban lot split cannot be issued until the parcel map is recorded.
C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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10.22.090 Prohibition of further subdivision.
A lot created by a parcel map under this Chapter may not be further subdivided.
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Chapter 10.30
SUBDIVISION DESIGN STANDARDS
Sections:
10.30.010 Purpose.
10.30.020 Applicability of Standards and Review.
10.30.030 General Lot and Block Design.
10.30.040 Roadways and Access.
10.30.050 Utilities and Services.
10.30.060 Grading and Drainage.
10.30.010 Purpose.
The purpose of this Chapter is to establish specific design standards and requirements for the subdivision of land in the city, consistent with the goals and policies set forth in the general plan.
10.30.020 Applicability of Standards and Review.
The provisions of this Chapter shall apply to all subdivisions, in addition to other standards of this ordinance, including Title 9, “Zoning Ordinance”, of the Municipal Code. The design of proposed subdivisions shall be reviewed for consistency with these standards as part of the review and consideration of the tentative map.
10.30.030 General Lot and Block Design.
A. Lot Area: Proposed lots shall comply with the minimum lot area requirements, where applicable, for the underlying property as described in the general plan and zoning ordinance.
B. Lot Orientation: Subdivision design shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision as provided in Section 66473.1 of the Subdivision Map Act as follows:
1. Passive or natural heating opportunities, such as lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
2. Passive or natural cooling opportunities, such as lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
C. Frontage, Width, And Depth:
1. All lots shall have frontage on a public or private street.
2. Proposed lots shall comply with the minimum frontage requirements, lot widths, and lot depths, as applicable, described in Title 9, “Zoning Ordinance”, of the Municipal Code, for the property.
3. Double-frontage lots shall be avoided.
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D. Block Configuration: Blocks shall be designed to allow for adequate building sites for the type of use proposed; to allow for convenient pedestrian and vehicular circulation, access, traffic control, and safety; and with regard to limitations created by topography.
1. Generally, maximum block length shall be 500 feet.
2. Blocks with single-family residential uses may be up to 600 feet long, or up to 750 feet long when mid-block pedestrian connections are provided.
E. Development Density: The density of the proposed development shall be consistent with the allowable density as described in the city’s general plan and consistent zoning.
10.30.040 Roadways and Access.
A. Lot Access:
1. Each local street providing access to lots within a subdivision shall connect directly to or by way of one or more local streets to a collector street or arterial street.
2. Each route of access to collector streets or arterial streets and its point of connection therewith shall be adequate to safely accommodate the composition and volume of vehicular traffic generated by the land uses that it serves. However, residential subdivisions shall be designed to encourage vehicle speeds less than 25 miles per hour and traffic volumes less than 500 average daily traffic (ADT).
3. In determining the adequacy of a route of access, the deployment of fire equipment or other services under emergency conditions shall be considered.
4. A tentative map that makes use of a local street that passes through a predominantly residential neighborhood as a route of access to industrial, commercial, or other subdivisions generating traffic that would conflict with the residential character of the neighborhood may be denied.
5. A frontage road, through or side-on lots, or other types of limited access layout may be required where a subdivision adjoins or contains an existing or proposed freeway or arterial street. To accomplish the purpose of this Section, waivers of vehicular and pedestrian access rights to the freeway or arterial street will be required.
B. Roadway Network Design: The alignment of streets shown on a tentative map shall be consistent with the general plan and any applicable specific plan, and as follows:
1. Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided.
2. The realignment of streets in contemplation of the development, or use of adjoining property, and the provision of streets or dead-end street extensions to facilitate the subdivision of adjoining property may be required.
3. Permanently dead-ended streets (except cul-de-sacs as defined in these regulations) are prohibited. When a street is temporarily dead-ended, a barricade or temporary turning area, or temporary connection to another street may be required. Permanent turnarounds may be required at the end of dead-end streets where the future extension of the street is remote.
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4. The combined length of cul-de-sacs (and all dead end streets) shall not exceed 10% of the total length of all streets in a subdivision..
5. The use of loop-out streets is encouraged over cul-de-sacs.
6. All streets shall intersect or intercept each other so that for a distance of at least 100 feet back from the intersection all streets are approximately at right angles to each other.
7. Street alignment shall provide for streets entering opposite each other to have their centerlines directly opposite. Where this is not possible, street jogs shall have a minimum centerline offset of 120 feet. No jogs shall interrupt the continuity of a major or collector street.
8. A subdivision of 40 or more lots shall have at least two (2) points of ingress/egress unless otherwise allowed by the designated approving authority.
9. All street cross sections shall be consistent with those specified in the general plan.
C. Roadway Design to Conform to City Improvement Standards: The design of public roads within subdivisions (e.g., roadway cross sections) shall conform to the City’s adopted improvement standards and to the satisfaction of the City, unless expressly deviated at the time of approval of the tentative map, or where a special cross-section is required to conform to an adopted planned street line, an applicable specific plan, an existing street, or cross sections in the general plan depending on surrounding conditions.
D. Sidewalks: All new residential subdivisions on public streets shall have sidewalks that conform to the City’s adopted improvement standards.
E. Street Landscaping: Streets shall be provided within landscaping consistent with the City’s adopted improvement standards and to the satisfaction of the City.
10.30.050 Utilities and Services.
A. Availability of Service: All public utilities, including water, sewer, storm drainage, telecommunication, power, and gas, shall be of adequate capacity to meet the demand of the subdivision.
B. Location of Utilities: All public utilities shall be located either in the public right of way or in public utility easements of sufficient width as determined by the city engineer.
C. Utilities to Be Undergrounded: All proposed utilities within or adjacent to the subdivision shall be provided underground. Any existing utility located within or adjacent to the site which is to be relocated because of the subdivision shall also be made underground except transmission lines of 70 kilovolts- ampere or larger.
D. Centralized Mail Service: Where necessary, easements shall be provided for centralized postal service facilities within subdivisions.
10.30.060 Grading and Drainage.
A. Grading: Grades of all streets shall be consistent with adequate surface drainage requirements and the approved grading plan of the proposed subdivision.
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B. Drainage: All lots shall be graded to provide adequate, positive drainage in accordance with the city’s adopted improvement standards. Drainage across property lines will not be allowed unless the city engineer determines that there is no practical alternative and appropriate easements are provided to the satisfaction of the city engineer. Provisions shall be made during construction for proper erosion control, including the prevention of sedimentation or damage to off-site property.
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Chapter 10.32
SURVEY AND MONUMENTS
Sections:
10.32.010 Purpose.
10.32.020 Survey Procedure and Practice.
10.32.030 Survey and Monumentation Standards.
10.32.010 Purpose.
The purpose of this Chapter is to provide the requirements and standards for survey work of, and placement of monumentation within, subdivisions at the time of final map or parcel map recordation.
10.32.020 Survey Procedure and Practice.
The procedure and practice for the survey of any land subject to a final map or parcel map shall conform to the standard practices and principles of land surveying, Section 8771 of the Business and Professions Code of the Professional Land Surveyors’ Act, and the requirements of this Chapter.
A. Preparation of Survey and Documentation: All documents related to the survey shall be signed by a California-licensed land surveyor or registered civil engineer authorized to practice land surveying.
B. Survey Monuments: Whenever the City has established a system of coordinates that is within a reasonable distance of the proposed subdivision, as determined by the City, the field survey shall be tied to the established monumentation system.
C. Traverse: The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one (1) foot to 10,000 feet of the perimeter before balancing the survey.
D. Field Documentation: When required by the City, the land surveyor or registered civil engineer authorized to practice land surveying preparing the survey shall prepare and submit to the city complete field notes, in a form satisfactory to the city engineer, showing references, ties, locations, elevations, and other necessary data relating to monuments.
10.32.030 Survey and Monumentation Standards.
In surveying the subdivision, the land surveyor or registered civil engineer authorized to practice land surveying shall set sufficient monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the land surveyor or registered civil engineer authorized to practice land surveying for all new subdivisions requiring a final map or parcel map, unless waived by the city engineer, in compliance with this Section.
A. Boundary Monuments:
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1. Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings, and ends of curves. The locations of inaccessible points may be established by ties and shall be noted on the final map or parcel map.
2. All exterior boundary monuments shall be set prior to recordation of the final map or parcel map, or as certified on the final map or parcel map.
B. Interior Monuments: Whenever interior monuments are required, the monuments shall be set at:
1. All block and lot corners and angle points.
2. The beginnings and ends of curves.
3. Points of intersection with centerlines of other existing and proposed streets and alleys.
4. The points of intersection with the exterior boundary lines.
C. Monument Type and Position: All monuments set in the course of the survey shall be as specified by the city engineer and shall be set to the depth and in the manner prescribed by the city engineer.
D. Identification of Monuments: All monuments shall be permanently and visibly marked or tagged with the registration or license number of the land surveyor or registered civil engineer’s authorized to practice land surveying who signs the engineer’s or surveyor’s certificate and under whose supervision the survey is made.
E. Replacement of Damaged or Destroyed Monuments: Any monument which is damaged or destroyed before acceptance of all improvements by the city shall be replaced by the land surveyor or registered civil engineer authorized to practice land surveying of record.
F. Timing of Monument Installation: The timing of the installation of a monument shall be in compliance with Sections 66495 and 66496 of the Subdivision Map Act.
G. Notice of Completion: Within five (5) days after the final setting of all monuments have been completed, the engineer or surveyor shall give written notice to the subdivider and the city engineer that the final monuments have been set. Verification of payment to the land surveyor or registered civil engineer authorized to practice land surveying shall be filed as required by Section 66497 of the Subdivision Map Act. The cost of setting monuments shall be included in the engineer’s estimate for improvements in compliance with subsection 10.36.020.C of this Title. If security is provided for monumentation, it may be released upon verification by the city of the setting of the monuments.
H. Inspection And Approval: All monuments shall be subject to the inspection and approval of the city engineer.
I. Survey Information to be Shown on Final Map or Parcel Map: The following survey information shall be shown on each final map or parcel map for which a field survey was made in compliance with this Title:
1. Monuments (together with their precise position and description), or other evidence found on the ground, to determine the boundaries of the subdivision.
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2. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township, and range, or other proper designation.
3. The location and description of any required monuments to be set after recordation of the final map, and the statement that they are “to be set”.
4. Bearing and length of each lot line, block line, and boundary line and each required bearing and distance.
5. Length, radius, and angle of each curve and tangent and the bearing of each radial line to each lot corner on each curve.
6. The centerlines of any street or alley in or adjoining the subdivision which have been established by the city, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated.
7. Any other survey data or information required to be shown by the city or by the provisions of this Title.
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Chapter 10.34
DEDICATIONS AND RESERVATIONS
Sections:
10.34.010 Purpose.
10.34.020 Dedications.
10.34.030 Reservations.
10.34.040 Dedications Made Outside of a Map.
10.34.010 Purpose.
The purpose of this Chapter is to identify a process for the city to require and accept, or reserve, dedications of land for public purposes, including streets, highways, drainage courses, public utility easements, other public easements, public school sites, and local transit facilities consistent with the Subdivision Map Act.
10.34.020 Dedications.
A. Overview: As a condition of approval of a tentative subdivision map or tentative parcel map, the city may require, to the extent permitted by applicable law, dedication, or irrevocable offer of dedication of real property within a subdivision for public use. For purposes of this Chapter, dedications include, but are not limited to, streets, bikeways, parks, landscaping, recreation facilities, irrigation ditches, school sites, alleys, including access and abutter’s rights, drainage, public utility easements, and other public easements.
The city may also require the design of a subdivision for which a tentative subdivision map or tentative parcel map is required to provide one or more cable television systems, duly franchised by the city, an opportunity to construct, install, and maintain on land identified on the map as dedicated or to be dedicated to public utility use any equipment necessary to extend cable television service to each residential parcel in the subdivision.
B. Form of Dedication: The form of dedications (easement or fee in title) shall be specified on the final or parcel map and be to the satisfaction of the city engineer in compliance with Section 66439 of the Subdivision Map Act.
1. If the dedication is required to be in fee for public purposes, the subdivider shall include the following language in the dedication clause on the final map or parcel map or any separate instrument:
The real property described below is dedicated in fee for public purposes: (here insert a general description of the dedicated property that is adequate to convey the property).
2. If the dedication is required to be an easement for public purposes, the subdivider shall include the following language in the dedication clause on the final map or parcel map or any separate instrument:
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The real property described below is dedicated as an easement for public purposes: (here insert a general description of the easement that is adequate to convey the dedicated property).
C. Acceptance or Rejection of Dedications: At the time the city council approves a final map or parcel map, it shall also accept, accept subject to improvement, or reject any offers of dedication. The city clerk shall certify or state on the final map or parcel map the action of the city council. Acceptance of offers of dedication on a final map or parcel map shall not be effective until the final map or parcel map is filed in the county recorder’s office.
D. Certificate for Dedications and Reconveyance:
1. The city shall record a certificate with the county recorder for all property that has been dedicated in fee for public purposes other than for open space, park, or schools. This certificate shall be attached to the final map or final parcel map and shall include:
a. Name and address of subdivider dedicating the property. b. Legal description of the dedicated property.
c. A statement that the city shall reconvey the property to the subdivider if the city council determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.
2. The subdivider may request the city to determine whether the same public purpose for which a dedication was required still exists. The city may charge the subdivider a fee in the amount reasonably required to make such a determination.
3. If the council determines that the same purpose for which a dedication was required does not exist, the city shall reconvey the property to the subdivider or his successor in interest, except any portion of the property required for that same public purpose or for public utilities.
10.34.030 Reservations.
A. Overview of Reservations: As a condition of approval of a tentative map or tentative parcel map, the city may require, to the extent permitted by law, that areas of real property within a subdivision be reserved for public use. For the purposes of this Chapter, such reservations include, but are not limited to, sites appropriate for parks, recreational facilities, fire stations, libraries, and other public uses.
B. Standards for Reservations: Reservations required in connection with subdivision shall be subject to the following conditions:
1. The required reservation(s) shall be based on and in accordance with policies and standards for such public uses contained in the adopted general plan or any adopted specific plan.
2. The reserved area(s) shall be of such size and shape as to permit the balance of the property within which the reservation(s) are located to develop in an orderly manner.
3. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible.
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4. Each reserved area shall conform to the adopted general plan or any 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 the city or other public agency does not acquire it within the time prescribed by subsection C1 of this Section.
C. Reservation Procedures:
1. The public agency for whose benefit an area has been reserved shall, at the time of final map or final parcel map approval, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements. Such a period of time may be extended by mutual agreement.
The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map, plus the taxes against such 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 on any loan covering the reserved area.
2. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in subsection C1 of this Section, the reservation shall automatically terminate.
10.34.040 Dedications Made Outside of a Map.
When a dedication of easement or fee is made to the city and is not included as part of a final map or parcel map (e.g., off-site improvements), such dedications shall be offered through perfecting deed, exhibit map, and legal description with the original land surveyor or registered civil engineer’s authorized to practice land surveying stamp and notarized signatures. If the dedication(s) are needed for immediate use, the city council will consider accepting, then recording. If dedications are needed for future use, the city council will consider acknowledging, then recording documents. Fees shall be paid by the applicant to cover the cost of reviewing and processing all documents.
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Chapter 10.36
IMPROVEMENTS
Sections:
10.36.010 Purpose.
10.36.020 Improvement Requirements and Plans.
10.36.030 Oversizing Improvements.
10.36.040 Improvement Deferral.
10.36.010 Purpose.
The purpose of this Chapter is to establish a review and permit process for the construction of physical improvements to land such as streets, sewers, and other utilities. The intent is also to establish a process for allowing a final map or parcel map to be recorded prior to the completion of required improvements upon execution of certain agreements and/or security.
10.36.020 Improvement Requirements and Plans.
A. Applicability: After the approval of the final map or parcel map, or a land use permit or building permit requiring the installation of improvements, the subdivider shall construct or install all improvements in streets, alleys, pedestrian ways, bike paths and trails, channels, easements, and other rights of way as are necessary for the general use of the subdivision, to meet local traffic and drainage needs in accordance with the provisions of this Chapter, and to satisfy the conditions of approval of the tentative map.
B. Improvement Design: The construction of public improvements, including materials and methods, shall conform to the standard plans and specifications of the city as adopted by resolution of the city council.
C. Review and Processing of Improvement Plans: Before the construction of any improvements, the subdivider or developer shall submit plans to the city as follows:
1. Preparation and Content: Improvement plans shall be prepared by a registered civil engineer licensed to practice in the State of California. Improvement plan submittals shall include the following information:
a. Any drawings, specifications, calculations, design reports, and other information required by the city engineer in compliance with the city’s standard specifications and plans.
b. Utility master plans (water, sewer, and storm drainage) as approved by the public works director.
c. Grading, drainage, erosion and sediment control, and a stormwater pollution prevention plan (SWPPP) for the entire subdivision for review and approval by the public works director.
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d. Soils report, if not previously submitted.
e. A mylar copy of the approved landscape and irrigation plans for the city record for any landscaping installed along streets or in public areas. f. The improvement plan/specification checking and construction inspection fees as required by resolution of the city council.
g. A detailed engineer’s cost estimate of all improvements upon:
(1) The submittal of initial improvement plans.
(2) The approval of improvement plans.
2. Submittal of Plans: Three (3) sets of improvement plans shall be submitted to the planning department, along with the application deposit as established by resolution of the city council.
3. Review and Approval: Improvement plans shall be reviewed and approved, conditionally approved, or denied by the planning director, public works director, and city engineer within the time limits provided by Section 66456.2 of the Subdivision Map Act. The city engineer will review the plans based on sound engineering practices, design standards, and applicable city policies. The public works director will review the plans to ensure conformance with the city’s public works standards. The planning director will review the plans to determine compliance with the approved tentative map, conditions of approval, and the city’s general plan and any applicable specific plans. Comments, if any, shall be forwarded to the subdivider in a timely manner.
4. Effect of Approval: The final approval of improvement plans shall generally be required before approval of a final map or parcel. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.
5. Changes to Approved Plans: Any changes to approved plans shall be reviewed and acted upon consistent with subsection G of this Section.
D. Timing of Improvements: Except as listed below, required improvements shall be constructed or otherwise installed after approval of the improvement plans and before the approval of the final map or parcel map, or before final building inspection or any certificate of occupancy.
1. Improvements are deferred in compliance with Section 10.36.040, “Improvement Deferral”.
2. Improvements are required as a condition of approval of a subdivision of four (4) or fewer lots, in which case improvements shall be as required under Section 66411.1 of the Subdivision Map Act.
E. Inspection of Improvements: The city engineer shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.
F. Correction of Deficiencies: The developer shall be responsible for correcting any deficiencies identified during the construction process.
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G. Revisions to Approved Plans: Revisions to approved improvement plans may be proposed, and shall be reviewed and approved or disapproved by the city engineer as follows:
1. Requests by the subdivider or project engineer for revisions to the approved plans shall be submitted in writing to the city engineer and shall be accompanied by revised drawing(s) showing the proposed revision. If the revision is acceptable, the original shall be returned to the subdivider and project engineer for revising. The revised plans shall be immediately transmitted to the city engineer for initialing. Construction of any proposed revision will not be permitted to commence until revised plans have been initialed by the city engineer.
2. When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and project engineer. The subdivider’s engineer shall revise the plans and transmit the original to the city engineer for initialing within the time specified by the city engineer.
H. Acceptance of Improvements:
1. Verification: Before acceptance for maintenance or final approval by the city council of development improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications, and the developer shall provide deeds for dedication of easements or rights of way.
2. Acceptance: After all items are completed and all items on the deficiency list have been corrected and as-built improvement plans received, the city council shall accept the subdivision improvements.
3. Notice of Completion: If the subdivision is accepted by the city, the city clerk shall file a notice of completion with the county recorder.)
10.36.030 Oversizing Improvements.
As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity, or number for the benefit of property not within the subdivision, and that said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act will be contained in the subdivision improvement agreement or in a separate reimbursement agreement between the city and the subdivider.
10.36.040 Improvement Deferral.
A. Right to Defer Improvements and Requirement to Enter into Improvement Agreement: Prior to approval of the final map, all public improvements shall be completed in accordance with approved improvement plans to the satisfaction of the city engineer or, as a condition of the final map, the subdivider shall enter into a subdivision improvement agreement with the city, in the form prepared by and approved by the city, to ensure timely completion of the improvements at his expense. All public improvements required by the agreement shall be completed to the satisfaction of the city engineer prior to the occupancy of any structures in the subdivision.
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B. Form, Filing, and Term of Improvement Agreement:
1. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this Section. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or the parcel map.
2. The recorded improvement agreement shall be on file with the city clerk prior to recordation of the final map or parcel map.
3. The term of the improvement agreement shall begin on the date of filing of the final map or parcel map and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the city engineer.
C. Minimum Requirements For Improvement Agreement: The improvement agreement shall include all of the following provisions as minimum terms and conditions of the agreement:
1. Mutually agreeable terms to complete all required improvements at the subdivider’s expense.
2. A provision that the subdivider shall comply with all requirements of these regulations, of this ordinance, and of other applicable laws, and with all terms and conditions of required improvement permits.
3. A statement indicating a period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work.
4. A provision that if the subdivider fails to complete the work within the specified period of time or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the city in completing such work.
5. Provision for the repair and replacement of defective material and workmanship of said improvements by the subdivider for a period of 12 months after the improvements have been accepted by the city engineer.
6. Provision for the inspection of all improvements of the subdivision by the city engineer for a period of 12 months after said improvement acceptance date.
7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city.
8. A description of all lands within the exterior boundaries of the subdivision.
D. Optional Components for Improvement Agreement: The improvement agreement may also include the following provisions and other additional items, terms, and conditions as may be determined necessary by the city to carry out the intent and purposes of these regulations:
1. Provision for the repair, at the subdivider’s expense, of any damage to public streets that may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes.
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2. Mutually agreeable terms to acquire public easements or dedications that are outside the boundaries of the subdivision at the subdivider’s expense.
3. Mutually agreeable terms to improve, at some undetermined future date, easements or dedications offered and reserved for future public use at the subdivider’s expense; providing that such improvements shall be secured by separate cash bond in the manner prescribed by subsection E of this Section, and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to this Chapter.
4. Provision for reimbursement to be paid to the subdivider under the provisions of Section 66486 of the Subdivision Map Act.
5. Provision for the setting of required monuments after the recordation of the final map or parcel map.
6. Provision for the method of payment of any fees imposed by this Chapter.
E. Improvement Security: Where an improvement agreement is entered into prior to the recordation of a final map or parcel map, the improvements shall be secured by the subdivider as part of the improvement agreement. Improvement security shall be provided and released consistent with the requirements below.
1. Form of Security: Security shall be provided in one or more of the following forms, consistent with Section 66499 of the Subdivision Map Act and in a form satisfactory to the city:
a. Bond or bonds by one or more duly authorized corporate sureties. b. A deposit, either with the city or a responsible escrow agent or trust company, at the opinion of the city, of money or negotiable bonds of the kind approved for securing deposits of public monies.
c. An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the portion of the act or agreement requiring security, or 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, or a letter of credit issued by such a financial institution.
d. Any form of security, including security interests in real property, which is acceptable to the city and specifically identified in this ordinance.
2. Amount of Security: Security shall be provided in the following amounts:
a. Performance security (performance): An amount of 100% of the total city engineerapproved estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed.
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b. Payment security (labor and materials): An amount of 50% of the total city engineerapproved estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of the improvements or the performance of the required acts.
c. Warranty security: An amount of 10% of the total city engineer-approved estimated cost of the improvement to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished.
3. Changes in Approved Improvements: When the approved improvement plans are changed and are to be approved by the city after surety is provided, the approval of the changes shall be conditioned, and shall not be fully exercised, until the surety is modified consistently.
No increase in surety shall be required if the changes do not exceed ten percent (10%) of the original estimated costs of the improvements.
4. Nonprofit California Corporations: Pursuant to Section 66499.3 of the Subdivision Map Act, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the State of California or one of its agencies, are exempt from the requirements of subsections E1a and E1b of this Section, provided they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Subdivision Map Act.
5. Release of Improvement Security Generally: Improvement security shall be released upon completion of the improvements as follows:
a. Performance Security: The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the city engineer. Such acceptance shall occur when the certificate of completion is signed by the city engineer. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.
b. Payment Security: Security given to secure payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment may, six (6) months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the city.
The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
c. Warranty Security: The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.
d. Release Not Applicable To: Pursuant to Sections 66499.7 and 66499.9 of the Subdivision Map Act, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses, or fees, including reasonable attorney fees.
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6. Release of Security Through Assessment District Proceedings: If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city by the amount corresponding to the amount of such bonds furnished by the contractor.
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Chapter 10.40
DEFINITION OF TERMS
Sections:
10.40.010 Applicability.
10.40.020 Definition of terms.
10.40.010 Applicability.
The terms, words, and phrases defined in this Chapter shall apply to this Title.
10.40.020 Definitions of terms.
“Alley” means a public or private way providing a secondary means of vehicular access to abutting property.
“Building Site” means the ground area of a building together with all open spaces required in Title 9, “Zoning Ordinance”, of the Municipal Code.
“CEQA” means Refers to the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the state CEQA guidelines.
“City Engineer” means the engineer of the City of Avenal, or his or her designee. “City Surveyor” means the land surveyor of the City of Avenal, or his or her designee. “County” means the County of Kings.
“Designated Remainder” means any unit or units of improved or unimproved land not divided for the purpose of sale, lease, or finance and designated as remainder by a subdivider for purposes of Section 66424.6 of the Subdivision Map Act.
“Drip Line” means a line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies the location where rainwater tends to drip from the tree. “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied, or intended for occupancy by one household on a long-term basis. A dwelling unit shall have interior access between all habitable spaces, except that a junior accessory dwelling unit containing all facilities necessary for living, sleeping, eating, food preparation, and sanitation need not maintain interior access to the remainder of the dwelling unit.
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“Easement” means a right of way offered or dedicated to the city or other public entity or a public utility for purposes of providing access to a division of land, for placing utilities, or for any other specific purpose.
“Final Map” means a map showing a subdivision of five (5) or more parcels for which a tentative and final map are required by the Subdivision Map Act and this Title, prepared in accordance with the provisions of the Subdivision Map Act and this Title, and designed to be filed for recordation in the office of the county recorder.
“Fire Protection” means such fire hydrants and other protective measures as may be reasonably required by the city fire marshal for protection of property to be located within a subdivision. “Flood Hazard” means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.
“Frontage Road” means a street lying adjacent and approximately parallel to and separated from a freeway or other public street, and which affords access to abutting property. “General Plan” means a document adopted by the City Council containing statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the City of Avenal.
“Geological Hazard” means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.
“Highway” means A roadway defined as a freeway in Section 23.5 of the California Streets And Highways Code.
“Improvement Plans” means the plans, profiles, cross sections, and specifications for all proposed improvements. Improvement plans are often referred to as civil plans. “Improvement Standards” means the requirements for design and construction of improvements established by the city council as set forth in the city’s Standard Specifications for Public Works Improvements.
“Inundation” means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium. “Loop Out Street” means a street formed by the intersection of two (2) streets where one street curves into another to form a two-way intersection. The outside curb flares out, or loops out, to provide sufficient turning space for larger vehicles, such as fire and solid waste. “Lot” means a parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classifications of lots are:
1. “Corner” means a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an interior lot.
2. “Flag” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.
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3. “Interior” means a lot abutting only one street.
4. “Key” means a lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.
5. “Reverse corner” means a corner lot, the rear of which abuts the side of another lot.
6. “Through” means a lot having frontage on two generally parallel streets, with only one primary access.
“Lot area” means the net horizontal area within bounding lot lines after dedication. “Lot Line Adjustment” means the relocation of an interior lot line between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. “Lot, Through” means a “lot” having frontage on two (2) parallel or approximately parallel streets, as defined in Title 9, “Zoning Ordinance”, of the Municipal Code. “Mobilehome Space” means any space designated, designed, or usable for the occupancy of one mobilehome on a temporary, semi-permanent, or permanent basis. “Multiple-Family Dwelling” means a building or portion thereof designed for occupancy by three (3) or more families living independently of each other, but under one roof. See “dwelling, multifamily” as defined in Title 9, “Zoning Ordinance”, of the Municipal Code. “Parcel Map” means a map showing a subdivision of four (4) or fewer parcels, as required by the Subdivision Map Act and this Title, prepared in accordance with the provisions of the Subdivision Map Act and this Title, and designed to be filed for recordation in the office of the county recorder.
This excludes a remainder parcel and may be greater than four (4) parcels if certain exceptions apply.
“Planned Development” means a real property development other than a condominium project, or a stork cooperative, having either or both of the following features: (a) Common area that is owned either by an association or in common by the owners of the separate interest who possess appurtenant rights to the beneficial use and enjoyment of the common area. (b) Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 6808) of Chapter 7 of Civil Code.
“Planning Director” means the planning director of the City of Avenal, or his or her designee. “Private Road Easement” means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the county recorder.
“Public right-of-way” means a strip of land acquired by reservation, dedication, prescription, voluntary purchase and sale, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or any other public uses.
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City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 75 June 2023
“Public Works Director” means the public works director of the City of Avenal, or his or her designee.
“Roadway” means that portion of a right of way for a street, highway, or alley designed or used predominately to accommodate the movement of motor vehicles. “Single-Family Dwelling Unit” means a detached building designed exclusively for occupancy by one family. See “dwelling, single-family” as defined in Title 9, “Zoning Ordinance”, of the Municipal Code.
“Specific plan” means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
“Street” means any public or private thoroughfare with a width of twenty feet (20’) or more which affords a primary means of access to abutting property. “Street, Arterial” means a street that is used or is intended to be used as the principal route of traffic flow, connecting areas of major traffic generation to highways and county roads. “Street, Collector” means a street that is used or is intended to be used for the principal purpose of collecting traffic from local streets and transferring it to arterial streets or highways. “Street, Cul-De-Sac” means a street that terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.
“Street, Dedicated” means a right of way dedicated to the city and legally accepted by the city council for public use as a street.
“Street, Local” means any street other than a collector street, arterial, or freeway that provides direct access to abutting properties and serves local versus through traffic. Also used to mean a street that is used or is intended to be used for the principal purpose of serving as access to abutting properties.
“Street, private” means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas.
“Street, public” is a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication which have been improved or for which a bonded improvement agreement is in effect.
“Street, Stub” means a street that terminates at the boundary line of a subdivision but is intended and designed to be extended at a later date to provide access to abutting parcels or lots. “Subdivider” means a person, firm, corporation, partnership, or association, as defined in Section 66423 of the Subdivision Map Act, who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers”. “Subdivision” means 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 September 26, 2024 Pg. 461
City of Avenal Municipal Code Title 10 - Subdivision Ordinance Draft 76 June 2023
a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future as defined in Section 66424 of the Subdivision Map Act. “Subdivision Map Act” means the Subdivision Map Act of the State of California, Government Code Section 66410 et seq., inclusive, city as that act currently provides or is subsequently amended.
“Temporary Turnaround” means a paved area for turning vehicles at the end of a dead end street, which is constructed either within the dedicated right of way or upon a temporary easement and which is intended to be replaced or removed after a period of time. “Tentative Map” means a map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it. See Chapter 10.10, “Tentative Maps”.
“Two-Family Dwelling Unit” means a detached building designed exclusively for occupancy by two (2) families living independently of each other, but under one roof. “Urban Lot Split” means an urban lot split means a subdivision of an existing lot within a singlefamily residential zoning district into no more than two new parcels that meet all of the requirements set forth in Government Code Section 66411.7 and Chapter 10.22, “Urban Lot Split Parcel Map”.
“Vehicular Access Rights” means the right of vehicular access of owners or occupants of abutting lands to a public way.
“Vesting Tentative Map” means a tentative map which shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed, in accordance with Chapter 10.12, “Vesting Tentative Maps”, of this Title. Consistent with Sections 66498.1(b) and 66474.2(a) of the Subdivision Map Act, approval of a vesting tentative map confers 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 application is complete. “Voluntary Parcel Merger” means the joining of two (2) or more contiguous parcels of land under one ownership into one parcel.
“Water Supply” means such water supply and distribution facilities as are necessary to provide a reliable and adequate water supply for appropriate residential, commercial, and industrial use and for public and private fire protection purposes.
“Zoning Ordinance” means the zoning ordinance of the City of Avenal, Title 9 of the Municipal Code, and revisions thereto.
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6-5.04 Special standards and exceptions.
With the following exceptions, the procedures provided in this chapter may be used in the abatement of all nuisances.
A. Summary abatement. All conditions which are determined by the Code Enforcement Officer(s) of the City to pose an immediate risk to the health and safety of persons or property within the City may be abated summarily in accordance with those procedures set forth in Section 6-5.13.
B. Substandard structures. All notices issued to correct violations or to abate nuisances to a substandard structure shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred on the property in the taxable year. The abatement of substandard buildings or structures is addressed in Chapter 8 of this Code.
C. Abandoned vehicles. The abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private property or public property and for the recovery of costs of administration and the removal is not subject to the provisions of this chapter.
D. Minimum Vacant Parcel Maintenance.
a. Definition.
i. A vacant parcel for the purposes of this Chapter shall be any commercially-zoned parcel fronting Skyline Boulevard which is either:
1. Undeveloped; or
2. Developed but abandoned, unoccupied, vacant or had no active city licensed business activity occurring upon it for 90 or more consecutive days at any time during the prior twelve (12) months. b. Requirements.
i. Landscaping.
1. A landscaped buffer of a minimum of 10-feet adjacent to the public ROW is required to be provided and maintained.
2. An automated irrigation system with water service in compliance with Section 9.52.090 of the Zoning Ordinance shall be provided to allow for the proper installation, management, and maintenance.
3. Properties subject to flooding may be required to provide ground cover for the entire property. The ground cover may be vegetation or crushed stone.
ii. Fencing.
1. Fencing may be installed for securing the property; however, fencing is required to comply with 9.50.110 of the Zoning Ordinance.
iii. Waste Management.
E. Regular solid and/or green waste service shall be provided.
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